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HomeMy WebLinkAbout09-7306Phelan 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 195573 WELLS FARGO FINANCIAL PENNSYLVANIA, INC. MAC F4031-086 800 WALNUT DES MOINES, IA 50309 Plaintiff V. CHARLES SUTTON LEA ANNE SUTTON 7 NORTH LETORT DRIVE, CARLISLE, PA 17013-1624 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 0?--7366 Cj 1 CUMBERLAND COUNTY File #!: 195573 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 #: 195573 1. Plaintiff is WELLS FARGO FINANCIAL PENNSYLVANIA, INC. MAC F4031-086, 800 WALNUT DES MOINES, IA 50309 2. The names and last known addresses of the Defendants are: CHARLES SUTTON LEA ANNE SUTTON 7 NORTH LETORT DRIVE, CARLISLE, PA 17013-1624 who are the mortgagors and/or real owners of the property hereinafter described. 3. On 09/20/2005 mortgagors 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. 1924, Page 2369. 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 01/24/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 195573 6. The following amounts are due on the mortgage: Principal Balance $122,695.07 Interest $9,961.41 12/24/2007 through 10/22/2009 (Per Diem $14.89) Attorney's Fees $1,300.00 Cumulative Late Charges $778.30 09/20/2005 to 10/22/2009 Cost of Suit and Title Search ?550-00 Subtotal $135,284.78 Escrow Credit $0.00 Deficit $0.00 Subtotal $flm TOTAL $135,284.78 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in nersi nam 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 #: 195573 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $135,284.78, together with interest from 10/22/2009 at the rate of $14.89 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 i By: ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 El Peter J. Mulcahy, Esq., Id. No. 61791 Fndrew L. Spivack, Esq., Id. No. 84439 LJ 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 #: 195573 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land and the improvements thereon erected, situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a stake on the east side of a twenty (20) foot driveway; thence by same, South 28 degrees 30 minutes East, a distance of one hundred twenty (120) feet to a stake; thence along lands now or formerly of H.D. Keiser, North 66 degrees East, a distance of four hundred forty (440) feet, more or less, to center of the Letort Run; thence by center of the aforementioned Letort Run, North 35 degrees West, a distance of one hundred twenty-one (121) feet, more or less, to a point; thence along property now or formerly of David E. Stoner, South 66 degrees West, a distance of four hundred fifty (450) feet, to a stake on the east side of the twenty (20) foot driveway, the place of beginning. CONTAINING one and twenty-three hundredths (1.23) acres, more or less. HAVING thereon erected a two-story single permastone dwelling known and numbered as 7 North Letort Drive, Carlisle. TOGETHER with a twenty (20) foot right of way for purposes of ingrees and egress in common with H.D. Keiser's heirs and assigns, to the property herein conveyed from the Carlisle Harrisburg Turnpike, and along the dividing line between the property now or formerly of H.D. Keiser and Eugene Sutton and extending from the Carlisle Harrisburg Turnpike, South 11 degrees East, a distance of four hundred forty (440) feet, more or less; thence along the dividing line between the property now or formerly H.D. Keiser and the property herein conveyed, South File #: 195573 28 degrees 30 minutes East a distance of one hundred and five-tenths (100.5) feet, more or less; the said right of way for ingress and egress to be used in common with the H.D. Keisers, their, heirs and assigns. UNDER AND SUBJECT, nevertheless, to restrictions contained in prior deeds. BEING THE SAME PREMISES which Maynard S. Fenner and Dorcas A. Fenner husband and wife, by Indenture dated May 17, 1974 and recorded May 17, 1974 in the Office of the Recorder of Deeds in and for the County of Cumberland in Deed Book P-25, page 824, granted and conveyed unto Terry L. Fake and Caroline A. Fake, husband and wife. PARCEL NO: 21-18-1357-020 PROPERTY BEING: 7 NORTH LETORT DRIVE, CARLISLE, PA 17013 File #: 195573 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. Attorney for Plaintiff DATE: a'© File #: 195573 63!?? r. ? 0 7 ?- 5 O1,9 G( Q Ar ck ??sso.a y r-7 Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant ??tit,,.tr at ?u?ut+rrlF,ys? C v Edward L Schorpp Solicitor Wells Fargo Financial Pennsylvania Inc I Case Number vs. Charles Sutton 2009-7306 SHERIFF'S RETURN OF SERVICE 10/29/2009 03:22 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 29, 2009 at 1511 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Charles Sutton, by making known unto Kathy Dever, adult in charge at 74 Monarch Drive Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. 10/29/2009 03:11 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 29, 2009 at 1511 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Lea Anne Sutton, by making known unto Kathy Dever, adult in charge at 74 Monarch Drive Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $54.80 SO ANSWERS, t00*1150 9100:? le?- - " October 30, 2009 R THOMAS KLINE, SHERIFF Ey 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 FINANCIAL PENNSYLVANIA, INC. VS. Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION NO. 09-7306 CUMBERLAND COUNTY CHARLES SUTTON LEA ANNE SUTTON Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 195573 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Att'o-wev for Plaintiff A By: /- - ? L w ce T. Phelan, Es ., Id. No. 32227 ? F cis S. Hallinan, E , Id. No. 62695 ? D 'el G. Schmieg, sq., Id. No. 62205 ? Mi hele M. Bradford, Esq., Id. No. 69849 ? J dith T. Romano, Esq., Id. No. 58745 heetal 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: 11-20-09 PHS #: 195573 A • VERIFICATION Darin Bueltel hereby states that heA-d is yit,F- PRESIDENT of WELLS FARGO FINANCIAL PENNSYLVANIA, INC., servicing agent for Plaintiff, WELLS FARGO FINANCIAL PENNSYLVANIA, INC., in this matter, that he/sWis authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to :the bes of his knowledge, information and belief. The undersigned understands that s eme..1j a e subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to 11",% in Bueltei DATE: r Title: _ ;-r'- I ;. Company: WELLS FARGO FINANCIAL PENNSYLVANIA, INC. File #: 195573 Sutton 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 FINANCIAL PENNSYLVANIA, INC. VS. CHARLES SUTTON LEA ANNE SUTTON Plaintiff Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION NO. 09-7306 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 #: 195573 CHARLES SUTTON 7 NORTH LETORT DRIVE, CARLISLE, PA 17013-1624 LEA ANNE SUTTON 7 NORTH LETORT DRIVE, CARLISLE, PA 17013-1624 Phelan Hallinan & Schmieg, LLP Attc ri ev for Plaintiff _ By: ? La nice T. Phelan, Esq., d. No. 32227 ? Fr c s S. Hallinan, Esq., d. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? J th T. Romano, Esq., Id. No. 58745 heetal 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: 11-20-09 PHS #: 195573 CITA 2099 NOY 24 IM 9. 18 . ~SI~ERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~~~r+t~' of ~~a ~n Gr~~~fi t~ ~ ~;; 4Ft~i;Ef~F-r;, r~EIFF ._,, Jody S Smith Chief Deputy Richard W Stewart Solicitor 1. V 1 V C. .J .- ~ !~ ~i 4 ~ ~ ~J ~ 1f ti.. l.(.~i. _ ~71,f .: ~ is ';: ~ ` ; L" Wells Fargo Financial Pennsylvania Inc vs. Case Number Charles Sutton (et al.) 2009-7306 SHERIFF'S RETURN OF SERVICE 04/21/2010 10:30 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on 4/21/10 at 2225 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 Charles and Lea Anne Sutton, located at, 7 North Letort Drive, Carlisle, Cumberland County, Pennsylvania according to law. 04/21/2010 10:30 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on 4/21/10 at 2228 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: Charles Sutton, by making known unto, Charles Sutton, personally, at, 7 North Letort Drive, Carlisle, Cumberland County, Pennsylvania its contents and ai the same time handing to him personally the said true and correct copy of the same. 04/21/2010 10:30 PM -Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Lea Anne Sutton, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Lea Anne Sutton, defendant does not reside at: 74 Monarch drive, Carlisle, PA, defendant moved from: 7 North Letort drive, Carlisle, PA in September of 2009, did not leave a forwarding address with the post office. 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 Financial Pennsylvania, Inc., being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ $ 765.58 07/09/2010 Deed recorded 07-09-10. SHERIFF COST: $765.58 SO ANSWERS, c~~~~~.--""_ July 09, 2010 RON R ANDERSON, SHERIFF ~~.Dd dot . ~.r~ ~ .~ ~~ ca .,s"~ l~~a'- ~~77i~~ (r.} GounlySuite Sherff_ Teieosoft. 61c. ~~ ~ ~~~ ~~~ WE - LS FAR~Q+FINANCI~L PENNSYLVANIA, INC. 4 ~aintiff `' v. CHARLES SUTTON LEA ANNE SUTTON Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION N0.09-7306 CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO FINANCIAL PENNSYLVANIA, INC., 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 7 NORTH LETORT DRIVE„ CARLISLE, PA 17013-1624. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) CHARLES SUTTON LEA ANNE SUTTON 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 74 MONARCH DRIVE CARLISLE, PA 17015 74 MONARCH DRIVE CARLISLE, PA 17015 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) Middlesex Township 350 N. Middlesex Road Municipal Authority Carlisle, PA 17013 Middlesex Township 44 W. Main Street Municipal Authority Mechanicsburg, PA 17055 c/o Keith Brenneman, Esq Snelbaker and Brenneman, PC 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Wells Fargo Financial Pennsylvania. Inc. 4830 Carlisle Pike E3 Mechanicsburg, PA 17050 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and acl•3ress of every other person who has any record interest in the property and whose interest maybe affected by the .sale. , .Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 7 NORTH LETORT DRIVE, CARLISLE, PA 17013-1624 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. December 29, 2009 By: ~ Attor for Plaintiff Phelan Hallinan & 5chmieg, 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 . , f . WELLS FARGO FINANCIAL PENNSYLVANIA, INC. vs. CHARLES SUTTON LEA ANNE SUTTON COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION N0.09-7306 CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CHARLES SUTTON LEA ANNE SUTTON 74 MONARCH DRIVE CARLISLE, PA 17015 **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 7 NORTH LETORT DRIVE„ CARLISLE, PA 17013-1624 is scheduled to be sold at the Sheriff s Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $136,118.62 obtained by WELLS FARGO FINANCIAL PENNSYLVANIA, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You maybe' able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may 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 maybe entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 09-7306 WELLS FARGO FINANCIAL PENNSYLVANIA, INC. vs. CHARLES SUTTON LEA ANNE SUTTON owner(s) of property situate in the MIDDLESEX TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 7 NORTH LETORT DRIVE„ CARLISLE, PA 17013-1624 Parcel No. 21-18-1357-020. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $136,118.62 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land and the improvements thereon erected, situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a stake on the east side of a twenty (20) foot driveway; thence by same, South 28 degrees 30 minutes East, a distance of one hundred twenty (120) feet to a stake; thence along lands now or formerly of H.D. Keiser, North 66 degrees East, a distance of four hundred forty (440) feet, more or less, to center of the Letort Run; thence by center of the aforementioned Letort Run, North 35 degrees West, a distance of one hundred twenty-one (121) feet, more or less, to a point; thence along property now or formerly of David E. Stoner, South 66 degrees West, a distance of four hundred fifty (450) feet, to a stake on the east side of the twenty (20) foot driveway, the place of beginning. CONTAINING one and twenty-three hundredths (1.23) acres, more or less. HAVING thereon erected atwo-story single permastone dwelling TOGETHER with a twenty (20) foot right of way for purposes of ingrees and egress in common with H.D. Keiser's heirs and assigns, to the property herein conveyed from the Carlisle Harrisburg Turnpike, and along the dividing line between the property now or formerly of H.D. Keiser and Eugene Sutton and extending from the Carlisle Harrisburg Turnpike, South 11 degrees East, a distance of four hundred forty (440) feet, more or less; thence along the dividing line between the property now or formerly H.D. Keiser and the property herein conveyed, South 28 degrees 30 minutes East a distance of one hundred and five-tenths (100.5) feet, more or less; the said right of way for ingress and egress to be used in common with the H.D. Keisers, their, heirs and assigns. UNDER AND SUBJECT, nevertheless, to restrictions contained in prior deeds. TITLE TO SAID PREMISES IS VESTED IN Charles Sutton and Lea Anne Sutton, by Deed from Terry L. Fake and Caroline A. Fake, h/w, dated 12/19/2003, recorded 01/07/2004 in Book 261, Page 668. PARCEL N0.21-18-1357-020 PREMISES BEING: 7 NORTH LETORT DRIVE, CARLISLE, PA 17013-1624 . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-7306 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO FINANCIAL PENNSYLVANIA, INC., Plaintiff (s) From CHARLES SUTTON and LEA ANNE SUTTON (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 $136,118.62 L.L. $.50 Interest from 12/18/09 to Date of Sale ($22.38 per diem) -- $3,737.46 Atty's Comm % Due Prothy $2.00 Atty Paid $173.80 Other Costs Plaintiff Paid Date: 1/2,0!10 David D. Buell, Prothonotary (peal) By: Deputy REQUESTING PARTY: Na.7-e: COURTENAY R. DUNN, 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. 206779 On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Middlesex Township, Cumberland County, PA, Known and numbered as, 7 North Letort Drive, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: ,--- Cam, ~~,~;-~~~~~~.-+~' W; -_~ ~;;., Real Estate Coordinator _= CL ~_a_ - N ~- ~ _ .~ a __ N _- 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, vlz: 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. wnt xo. aoo9-306 civil Wells Fargo Financial Pennsylvania Inc. vs. Charles Sutton Lea Anne Sutton Atty: Daniel Schmieg By virtue of a Writ of Execu- tion NO. 09-7306, WELLS FARGO FINANCIAL PENNSYLVANIA, INC. vs. CHARLES SUTTON, LEA ANNE SUTTON, owners of property situ- ate in the MIDDLESEX TOWNSHIP, Cumberland County, Pennsylvania, being 7 NORTH LETORT DRIVE, CARLISLE, PA 17013-1624. Parcel No. 21-18-1357-020. Improvements thereon: RESIDEN- TIALDWELLING. JUDGMENT AMOUNT: $136,118- .62. r ~~~ isa Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this 30 da of Aril 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notuy Public CARll8lE BOROUGH, CUMBERLAND COUNTY My Canmi:lion Expires Apr 28, 2011 aP'J5 ~' .+;'., :.,~,r,,,.d,,,,.a..:; . (~--The Patriot-News Co. 2020 Technology~Plcwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE ~be~latriot N¢ws NOw you know 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 duty 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 Y~ tio. ~lOSFTSOS ", YVNIs ~ Flnltnair PrKilnsy R4C Va Chti~ltrs:Stitton Lea AnM s t~, ' By value of a Writ of Execution N0; 99-7306 ' WELI,$ FARGO - FINANCIAL PENNSYLVANIA, INC. ~ , vs. CHARL~,S SUTTON.. ; . LEA ANNE SUTTON Owne;(sjof Y situateinthklvfmDLESEx TOWNSI~ Gimibertand~tf';Praesylvania, b~inS (~_ .. tY) 7 NOI~1'H LETORT .'c~. ~ TI'll'14 Rsttxl Ne. 31-IB~ t 357J0~6. (Aaxelge ar laer+t awes} Its tlleroon: ftlfis +. ~tr,~G~rTr ~: SI'li~l!>l.~t t 04/23/10 C- ~ ~ 04/30/10 S orn to an ub ribed before me his 8 of ay, 2010 A.D. ~~ Notary Public 0 MONWEALTH OR PENNSYLVANIA Natsrlal S~'1 ShatTit 4 Kk1wNt'. Notary Pubik tower Pakbprt ?lyp„ DattphM County ~+~«~ Nov. xe, zoii Member, PennaYlvanla A3sodatlon 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 FINANCIAL PA INC 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 20TH day of JAN, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 7306, at the suit of WELLS FARGO FINANCIAL PA INC against CHARLES SUTTON & LEA ANNE SUTTON is duly recorded as Instrument Number 201018447. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this _ 9 day of ~ , A.D. o?o/~ Recorder of Deeds