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HomeMy WebLinkAbout04-2537 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO BANK, N.A., SIB/M TO WELLS FARGO COURT OF COMMON PLEAS HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD CIVIL DIVISION FORT MILL, SC 29715 TERM Plaintiff NO. 04 - .;($31 C,"ud../E.f1..n\. v. CUMBERLAND COUNTY MICHAEL E. NEUMANN WANDA K. NEUMANN NKJ A WANDA K. HURLEY 428 SOUTH HANOVER STREET CARLISLE, PA 17013 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 Streer Carlisle, PA 17013 (800)990,9108 File #: 93404 File #: 93404 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFfER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is WELLS FARGO BANK, N.A., SIBIM TO WELLS FARGO HOME MORTGAGE, 1Ne. 3476 ST ATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: MICHAEL E. NEUMANN WANDA K. NEUMANN NKJA WANDA K. HURLEY 428 SOUTH HANOVER STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 12/31/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CHARTER ONE MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1745, Page 820. By Assignment of Mortgage recorded 8/2/02 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 689, Page 610. 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 01/01/2004 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 #: 93404 6. The following amounts are due on the mortgage: Principal Balance Interest 12/01/2003 through 06/02/2004 (Per Diem $12.21) Attorney's Fees Cumulative Late Charges 12/31/2001 to 06/02/2004 Cost of Suit and Title Search Subtotal $61,693.51 2,258.85 1,250.00 127.74 $ 550.00 $ 65,880.10 Escrow Credit Deficit Subtotal 0.00 215.03 $ 215.03 TOTAL $ 66,095.13 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 66,095.13, together with interest from 06/02/2004 at the rate of $12.21 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. FEDERMA~t-m PHELS' Ll}' / ;J;( By: Is/F~ina~ ' FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 93404 ALL that certain lot of ground situat.e in the Borough of Carlis,lei Cumberland county, pennsylvania, bounded and described as follows: BEGINNING at a point on the curb li.ne of South Hanover Street, .at: corner of lot now or formerly of Mrs. Levi Hertzler; thence Westwardly through the center line of tho parcition wall of the house on the lot hereby being conveyed and the house on the lot now or formerly of the said Mrs. Levi Hertzler, a distance of Two Hundred Forty (240) feet, more or less, to the center line of School Alley; thence ~orthwardly by said center 11ne of said School Alley, a distance of twenty (20) feet; thence Eastwardly by lot of ground now or formerly of W. A, Wetzel, a distance of One Hundred Seventy-nine (119) feet Nine (9) inches to a point at the center of the Western entrance to an alley-way two (2) feet six (6) inches wide, which said alley-way is between the house on the lot hereby being conYeyed and the houGe on the lot, now or formerly of the said W.A. Wetzel: thence Northwardly by said lot now or formerly of the said W. A. ~et~el, one (1) foot six (6) inches to a point in the center of the partition wall between the house hereby being conveyed and that. now or formerly of the said W.A. Wetzel; thence ~astwardly by the center line of said . partition wall, a distance of sixty (60l feet, Lhree (3) inches; more or less, to a point on the curb line of said South Hanover Street: thence So~thwardly by said curb line a distance of Twenty- one (211 ~eet six (6) inches to corner of lot no~ or formerly of the said Mrs. Levi Hertzler, the Place of BEGINNING. " BE~NG~prOVed with a three story-brick dwelling house known as an n ered 428 South Hanover Street, and other improvements. RESeRVING, HOWEVER to th of the propercy he~ebbe~ owner of the lot of ground on the North :ight to the use of the af~~e~~~~eY~f' ~is heirs and assigns, the 1nches wide as the same is no a ey way, two (2) feet six (6) che said Grantors herein, the~rC~~1~~cted an? used in common with cha:ges and expenses which shall tr ~~d assLg~s, as necessary pa~~ng. repairing and clean! om ~e to tLme accrue in equally by theowners.oi sai~9a~~eis~id alley-way to be shared and assigns, ]0 n1n9 properties, their heirs BEING the same premises wh'ch eh 1 hUSband and wife by deed d~ted N~~~ Br~~n ind Betty A. Brown, ~he Offtce of the Recorder ot Deeds .ar d' 964 end recorded in 1n Deed Book 21 K Pa 622 1n an for Cumberland County Brown, singl~ per~on,g~rant~~g~:~;~~.and conveyed unto Betty A. PREMISES BEING: 428 SOUTH HANOVER STREET VERIFICATION Yolanda WiJ1iams hereby states that she is VICE PRESIDENT LOAN DOCUMENTATION of WELLS FARGO Bank, N A successor by merger to WeJ1s Fargo Home Mortgage Inc. . mortgage servicing agent for Plaintiff in this matter, that 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 her knowledge, information and belief The undersigned understands that this statement is made subject I to the penalties of 18 Pa. C.S Sec. 4904 relating to nswucat~on to authorities. Yolanda WiJ1iamJ'ice President Loan Documentation DATE: g20/0\..{ Iv .. \ A:J(.J~ #-10 cQ Uv 0( ~ ~ () ~ ~ F '---.(t ( .. t C" r--,~ ~~,~ r' .1._ ';'11 .-1 (,) L) -<, SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-02537 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS NEUMANN MICHAEL E ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: NEUMANN MICHAEL E but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of CENTRE County, pennsylvania, to serve the within COMPLAINT - MORT FORE On July 9th , 2004 , this office was in receipt of the attached return from DENTRE Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Centre County 75.00 .00 100.00 07/09/2004 FEDERMAN & PHELAN So -,.,_..,----~". R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this /.') E" day of Cf1 J,(71)'f A.D. n ~Q. ~ Al~. '--t1 Prothonotarj- --,--, SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-02537 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS NEUMANN MICHAEL E ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: NEUMANN WANDA K AKA WANDA K HURLEY but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of CENTRE County, pennsylvania, to serve the within COMPLAINT - MORT FORE On July 9th , 2004 , this office was in receipt of the attached return from CENTRE Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 07/09/2004 FEDERMAN & PHELAN So an. swers: /~/~~.. ____. .. ?'::~ ~/ / ~.... -----------:c---/ - ~- . ~ / / /-(-./ R( Thomas Kline--- Sheriff of Cumberland County Sworn and subscribed to before me this Mif: day of Q.t) .Jvv~ A.D. (\ <.,Q. /},AJ;'",,,~ '-----f'-'rprothonotary -r' SHERIFF'S RETURN - REGULAR CASE NO: 2004-02537 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS NEUMANN MICHAEL E ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon NEUMANN MICHAEL E the DEFENDANT , at 2126:00 HOURS, on the 8th day of June , 2004 at 428 SOUTH HANOVER STREET CARLISLE, PA 17013 by handing to MICHAEL NEUMANN a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.45 .00 10.00 .00 31.45 r~~ R. Thomas Kline 07/09/2004 FEDERMAN & Sworn and Subscribed to before By: PHELAN ~~h?fi me this /S~ day of q~ ;21J/!)'f A.D. . () .Inde<.... ~ P othonotary . SHERIFF'S RETURN - REGULAR CASE NO: 2004-02537 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS NEUMANN MICHAEL E ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE NEUMANN WANDA K A/K/A WANDA K HURLEY was served upon the DEFENDANT , at 2126:00 HOURS, on the 8th day of June 2004 at 428 SOUTH HANOVER STREET CARLISLE, PA 17013 by handing to MICHAEL NEUMANN, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 r~~~.~ R. Thomas Kline Sworn and Subscribed to before 07/09/2004 FEDERMAN & PHELAN ~! ,:I/:; By: me this JS'~ day of Cr~ .;lDl)'-j A.D. .1-<--- 0, ~ rothonotary ,~ SHERIFF'S RETURN - REGULAR CASE NO: 2004-02537 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS NEUMANN MICHAEL E ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon NEWMANN MICHAEL E the DEFENDANT at 2126:00 HOURS, on the 8th day of June 2004 at 38 WINCHESTER GARDEN CARLISLE, PA 17013 by handing to MICHAEL NEUMAN a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Additional Comments COMPLAINT SERVED AT 428 SOUTH HANOVER STREET CARLISLE, PA. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 r~~ R.Thomas Kline 07/09/2004 FEDERMAN & Sworn and Subscribed to before By: PHELAN ~f; Deputy Sheri me this JS~ day of ~Q'I ~vv'l A.D. <fl(- Q. ~ ,ASp; 'Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2004-02537 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS NEUMANN MICHAEL E ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon NEWMANN WANDA K AKA WANDA K HURLEY the DEFENDANT at 2126:00 HOURS, on the 8th day of June , 2004 at 38 WINCHESTER GARDEN CARLISLE, PA 17013 by handing to MICHAEL NEUMANN, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof_ COMPLAINT SERVED AT 428 S HANOVER STREET CARLISLE, PA. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 Answer. ;,;/ /;e, .r~'Ne.."'<-1..fi~ R. Thomas Kline So 07/09/2004 FEDERMAN & Sworn and Subscribed to before me this /~~ day of ~p, .2(1)'-/ A.D. ?k 0 - ../' ~ ~ ~,.. ~ thonotary J By: PHELAN ~LJrf?- SHERIFF'S RETURN - REGULAR CASE NO: 2004-02537 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS NEUMANN MICHAEL E ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon NEUMANN MICHAEL E the DEFENDANT , at 2126:00 HOURS, on the 8th day of June 2004 at 681 CONCDOGUINET AVENUE CARLISLE, PA 17013 by handing to MICHAEL NEUMANN a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Additional Comments COMPLAINT SERVED AT 428 SOUTH HANOVER STREET CARLISLE, PA. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 r'~~ R. Thomas Kline 07/09/2004 FEDERMAN & Sworn and Subscribed to before By: PHELAN ~/L- Deputy Sheriff -' me this IS>t::.- day of Sl- {JV 'f A.D. Q, Ivw.i..u ~, othonotary , SHERIFF'S RETURN - REGULAR CASE NO: 2004-02537 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS NEUMANN MICHAEL E ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon NEUMANN WANDA K AKA WANDA K HURLEY the DEFENDANT , at 2126:00 HOURS, on the 8th day of June , 2004 at 681 CONODOGUINET AVENUE CARLISLE, PA 17013 by handing to MICHAEL NEUMANN, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. COMPLAINT SERVED AT 428 SOUTH HANOVER STREET CARLISLE, PA. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ~~~ ( " R. Thomas Kline Sworn and subscribed to before 07/09/2004 FEDERMAN & PHELAN q4;;~'):he7iP By: me this /t~ day of ~.1.lhJi A.D. "'- Q 1n.J;~ . P ochonocary , 't" SHERIFF'S OFFICE CENTRE COUNTY Rm 101 Court House, Bellefonte, Pennsylvania, 16823 (814) 355-6803 SHERIFF SERVICE PROCESS RECEIPT, AND AFFIDAVIT OF RETURN 1.Plaintiff(s) We/Is. liZyo 64nIL 3. Delendant(s) ,dA rn/c4a-e( i Wd...,if.... Pt:::OHt&.,??,n I INSTRUCTIONS FOR SERVICE OF PROCESS: You must file one instruction sheet for each defendant. please type or print legibly, Do Not detach any copies. 2. Case Number O~- ;;2037 t"fo?:z7 S 7- - A"" L(Type of Writ or Complaint: c;;,~/a/a-l- { 5. Name of Indiv}dual, Company, Corporation, Etc., to Serve or De scription of Property to be Levied, Attached or Sold. IIVIltttaet i' I)Jrmda. f(J<!//Ult'<J1Y1 6. Address (Streel or RFD, Apartment No., City, Bora. T)"p., State. ~d Zip Code) f!.R. I 8,)'y. L/oI J/ ) ('<!J1fte mil, rlt- 7. Indicate unusual service: I Reg Mail I Certified Mail 1- Deputize 1- Post J Other Now, 20_. I SHERIFF OF CENTRE COUNTY, PA., do hereby deputize the Sheriff 01 County to execute this Writ and make return thereof according to Jaw. This deputation being made at the request and risk of the plaintiff. SERVE -+ AT Sheriff of Centre County 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITiNG SERVICE NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. 9. PrintIType Name and Address of Attorney/Originator 10. Telephone Number I 11. Date 12. Signature SPACE BELOW FOR USE OF SHERIFF ONLY. DO IT WRITE BELOW~IS LINE 13. \ acknowlEldge r~e,ipt of the writ} SIGNATURE of Authorized CCSD Deputy of Clerk and Title 14. Date Filed 15. Expiration/Hearing Date or complalnfas IndlCated above. TO BE COMPLETED BY SH RIFF __ 16. Served and made known to , on the 20 ~ ,at o'clock, __ m., at ~ Commonwealth of Pennsylvania, in the manner described below: Defendant(s) personally served. Adult family member with whom said Defendant(s) resides(s). Relationship is Adult in charge of Defendant's residence. I Manager/Clerk of place of lodging in which Defendant(s) resides(s). Agent or person in charge of Defendant's office or usual place of business. and officer of said Defendant company, day, .....- mty of Centre Other On the If? tH day 01 Defendant not found because: , Moved! Unknown , No Answer L Vacant :t><. Other JIk,'C- /I/.r:d ccf 11t/!> c.dcfJ.65 Remarks: j1I~~ sqfd -(My I/~@ 'Yn :5. fflHtJi1er9;> r.....~'~ C:;;/AiC-'SDkla.Y,,"""'>-7J Advance Costs I Docket I Service I Sur Charoe Affidavit I Mileail,e Postage l' Mise I Total Costs I Costs Due ~ 75D() ,94:/ S.'t)" /O,"T f'-sV 10.0' .5l) 1/,0() 3B'%:.} 3700 17. AFFIRMED and subscribed to before me this ~O :"'[C~ _~v I ~~~ct;!l1treCounty My Co~mi$sion Expltes Sept. 5, 2005 Amount Pd. My CommiSSI~~nn~vaniaAssocia'ltonofNOfarie. 24. I ACKr;o.VVb~ti(lEIB€CEIP" OF THE SHERIFF'S RETURN SIGNATURE OF AUTHQF.\I~~.o.Al1T.HORITY AND TITLE. ~VY1e- ,20~,at_ 0100 o'clock, .4 M. 19. Date C,/IS/tJ7 21. Date SHERIFF OF CENTRE COUNTY Page I 25. Date Received White - Prothonotary Canary - Attorney FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A., SIB/M TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 04-2537 MICHAEL E. NEUMANN WANDA K. NEUMANN A1K1A WANDA K. HURLEY Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against MICHAEL E. NEUMANN and WANDA K. NEUMANN AlK/A WANDA K. HURLEY, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 6/3/04 to 9/1104 TOTAL $66,095.13 $1,1 I 1.11 $67,206.24 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. I, copy attached. ~.lt~"o~OJL FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. . /) DATE: 56 pi- d :UXi-/ (JA/1~ ~. ~~ I PMPMT~ 0 FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (7 I '\) ,\6,.7000 WELLS FARGO BANK, N.A., SI8IM TO WELLS : COURT OF COMMON PLEAS FARGO HOME MORTGAGE, INe. Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY MICHAEL E. NEUMANN : NO. 04.2537 CIVIL WANDA K. NEUMANN NKlA WANDA K. HURLEY Defendants TO: MICHAEL E. NEUMANN 428 SOUTH HANOVER STREET CARLISLE, P A 17013 DATE OF NOTICE: AUGUST 1, 2004 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HA VB FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PAl 70 I 3 (800)990-9108 ~~ ~ 'oUJJQJYlM kbJ imt~ /fl FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LA WRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHLA, PA 19103 (11 'i) 11\,,7000 WELLS FARGO BANK, NA, SIBIM TO WELLS : COURT OF COMMON PLEAS FARGO HOME MORTGAGE, INC. Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY MICHAEL E. NEUMANN : NO. 04.2537 CIVIL WANDA K. NEUMANN AIKIA WANDA K. HURLEY Defendants TO: WANDA K. NEUMANN AIKIA WANDA K. HURLEY 428 SOUTH HANOVER STREET CARLISLE, PA 17013 DATE OF NOTICE: MJ(;l/ST 3,2004 THIS FIRM IS A DEBT COLLECTOR ATIEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATIEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.lF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, TIllS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATIEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VE 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD S1REET CARLISLE,PA 17013 (800)990-9108 r UWmfh? /-/rill /lI~fi/77 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2004-02537 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS NEUMANN MICHAEL E ET AL SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon NEUMANN MICHAEL E the DEFENDANT , at 2126:00 HOURS, on the 8th day of June , 2004 at 428 SOUTH HANOVER STREET CARLISLE, PA 17013 by handing to MICHAEL NEUMANN a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.45 .00 10.00 .00 31.45 r~~ R. Thomas Kline 07/09/2004 FEDERMAN & Sworn and Subscribed to before By: PHELAN ~~h1i me this day of A.D. Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2004-02537 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS NEUMANN MICHAEL E ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE NEUMANN WANDA K A/K/A WANDA K HURLEY was served upon the DEFENDANT , at 2126:00 HOURS, on the 8th day of June 2004 at 428 SOUTH HANOVER STREET CARLISLE, PA 17013 by handing to MICHAEL NEUMANN, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.60 So Answers: rGfii &#. . J.1~ .I~ 4'" - "~:?. .~ ..4<'-.~< 1 >_t::;&^~ R. Thomas Kline me this day of 07/09/2004 FEDERMAN & PHELAN By: cj~~ J: Wt-- . Deputy She;;;f Sworn and Subscribed to before A.D. Prothonotary ~ ;;c) ~ -'0.. ~ \t. ' 1l -:.a _ 0 g '- ~ 0 \ ~~:c.J ~ ~~F- IV--:!-::P ~ - +- f" 1:- r c: ~" 0 <-::'l C Co-'-._;;' .n ...:- (/J ~? , \ c.j ::~ .. " l:) h.~ - './> -c (..,-; PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK, N.A., S/BIM TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, v. No. 04-2537 MICHAEL E. NEUMANN WANDA K. NEUMANN A/KIA WANDA K. HURLEY Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $67,206.24 Interest from 9/2/04 to DECEMBER 8, 2004 (per diem -$11.05) $1,082.90 and Costs TOTAL $68,289.14 I ~fl.l?_ bl) filnJ'NJ) N. ) FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 JohnF. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description ofproperty.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. "'''' ..., ..., QQ ........ ..., ..., << Iil.,Iil., "'I'~ ....l....l CZlCZl .... .... >< ~~ "'I UU ...:$ ~ ,.;,.; O~ Z "'1"'1 OZ ~~ ~~ := 0 f-o.... .... ~.~ f-of-o ~~ :.ce f-o "'I;;: ;;, CZlCZl S:CZl Z< U ~~ 't:i i~ ~E "'1"'1 " ~~ CZl'-' >> i:: rf-o "'I = 00 " ::sS: <~ '" f] ~~ '" ... c " :io O<:l ..0 ::s;;; ;i::S ~~ f-o t Iil., ~ Of-o ~~ ~ ;~ ""'.... :=:= s uz ~~ f-of-o ~ ...;;, =0 ....lz ~~ ;;,;;, 00 8; ~~ ~~ s 00 !ij< f-ou Ot: ~ CZlCZl Q. ~~ ... c 0000 ~ ~~ ..:: NN ~;;, S:6 """" 8s ::s~ .... Vi ~ CZl... U '" f:;"'I ....lCZl :.ce ~ -i:i " .... f-o= ....l....l "C z~ ~....l ~ ..!l "C '--" ii; ..:: Ij ....u ~ ~ ~ Ji 1 ~?-f' J (::!J':::. - '"' ~ w ~ '- - , , '- - - , . - , " , , . t;;''Jrl (EJ ~ ~ , , . ~ , ~-j ~ ::: ::: , , , , :: , , " . ~~ , t; () v, J J '() rv~'JV00ov, ~~ ...... o ~ 0 () OJ a~~oVj~ -..J ~. ~ ..9 ~ ...; ..9 .j -6" ~ ~ "6" 0-: ...... ~~J ~ci)-.. -.. --....--c...... () ~t> ....... Jf"? . ALL mAT CERTAIN lot of g[()Ull/i situate in the Borough of Carlisle, Cumberland County. Pennsylvania, bounded and described as follllws; BEGINNING at a point on tile CUfb line of South Haoover Street, at comer of lot now or formerly of Mrs. Levi Hertzler; lbew:e Westwal'dly through the cenler line of me partition wall of tbe house on tbe 101 hereby being conveyed and the house on the lot now or formerly of lhe said Mrs. Levi Hertzler, a dislallce of rwo blltldRd forty (240) feet, more or less, 10 !be ctlIler line of Sdwol Alley; IheJIce NonbwardJy by said ceDler line of said Sdwol Alley, a dl$tance of rweDly (20) feet; tbeoce Eastwardly by lot of g[()Ull/i now or formerly of W. A. Wetzel, a di8la\lel,! of Olle hundred seventy-oine (179) feet nine (9) inches to a point at the cenler of the Western etI~ to an alley-way two (2) feet six (6) inches wide, which said alley-way is berween the house 011 the lot hereby belag conveyed and the bouse on the lot. now or formerly of the said W. A. Wetzel; thence No11hwardJy by said Iol now or fonnedy of the said W. A. Wetzel. one (I) foot sill (6) incbes to a point in the center of the partition wall between the house hereby being conveyed and tbat now or formerly of the said W. A. Wetzel; dlence Eastwan:1\y by lhe cemer line of said partition wall, a distam:e of sixty (60) feet, lhree (3) inches, more or less, to a point on the curb line of said South Hanover Street; thent:e Southwardly by said curb line a distan<:e of rweDly-ooe (21) feet silt (6) illCbes 10 corner of lot now or formerly of the said Mrs. Levi Hemler, the plllCe of beginning. BEING improved with a tluee story-brick dwelling bouse known as and numbered 428 Sooth Hanover Street, and other improvements. RESERVING, HOWEVER, to the owner of the lot of ground on the North of the property bereby being conveyed, his bei1'll and assigriS, dle rigbt ro the use of the aforesaid alley-way, two (2) feel six (6) incbes wide as the same is now constructed and used in common with the said Clnmtors herein, their heln and assigns, as necessary cIwges and e:qlenses which sball from time to time accrue in paving, repairing and cleaning Ihe sai<l alley-way to be sbared equally by the owners of said adjoining properties, their beirs and assigns. TITLE TO SAID PREMISES IS VESTED IN Michael E. Neumann and Wanda K. Neunwut. his wife, by OIled from Beny A. BroWII, single person, daled 12/311200IllDd recorded 11412002 in Record Book 249. Page 4523. Tax Parcel N04-21-0483.QS6 t_~ Cl ':- "1'\ " I G-" ~ ~-n ~ -) en (..-,~, WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-2537 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., SIBIM TO WELLS FARGO HOME MORTGAGE, INC., Plaintiff (s) From MICHAEL E. NEUMANN, WANDA K. NEUMANN AlK1A WANDA K. HURLEY (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) Ifproperty 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 himfher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $67,206,24 L.L. $.50 Interest FROM 912104 TO 1218104 (PER DIEM. $11.05) - $1,082.90 AND COSTS Atty's Corum % Due Prothy $1.00 Atty Paid $309.45 Other Costs Plaintiff Paid Date: SEPTEMBER 3, 2004 CURTIS R. LONG (Seal) Prothono~ -.....Bv: L6? 0-..., .P 7fab,<-/' Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PIDLADELPIDA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court lD No. 12248 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK, N.A., SfB/M TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVlEW BOULEVARD CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 04-2537 MICHAEL E. NEUMANN WANDA K. NEUMANN A/KJA WANDA K. HURLEY Defendant(s). VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant MICHAEL E. NEUMANN is over 18 years of age and resides at, 428 SOUTH HANOVER STREET, CARLISLE, P A 17013. (c) that defendant WANDA K. NEUMANN A!K/A WANDA K. HURLEY is over 18 years of age, and resides at, 428 SOUTH HANOVER STREET, CARLISLE, P A 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ,J1 t\ l1~hO ~1Y"l fiJ\(. ) FRANKFE~~,ESQUIRE Attorney for Plaintiff \,-.;' .--0 ~1 o .n I....., V. \".' , \ C,;:< .-'. (~_.;' v:. Request for Military Status Page 1 of 1 Department of Defense Manpower Data Center _ Military Status Report .. Pursuant to the Servicemen's Civil Relief Act of2003 <Last Name First Middle Begin Date I Active Duty Status NEUMANN Currently not on Active Military Duty, based on the Social Security Number and last name provided. SEP-01-200411:15:12 I Servicel Agency Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the Defendant( s), per the Information provided, as to a1\ branches of the Military. ~~6-~ Robert J. Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enro1\ment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please fax your response to 703-696-4156 or call 703-696-6762 and further research will be done. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they suhmitted is a match or nOD- match. https:llwww.dmdc.osd.mil/udpdri/owaJsscra.prc _Select 9/112004 FEDE~ANandPHELAN,LLP By: FRANK FEDE~AN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SillTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK, N.A., SfBlM TO WELLS FARGO HOME MORTGAGE, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION MICHAEL E. NEUMANN WANDA K. NEUMANN AfKIA WANDA K. HURLEY NO. 04-2537 Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.s. Section 4904 relating to unsworn falsification to authorities. ,--~t1s"1R W~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff C) f'"-.."'t C C':'> ,-- {,..:..;;> -,1 .c' (j--' .--1 :1: 'J ril I C~' C'~J -,~ , . c...) WELLS FARGO BANK, N.A., SIBIM TO WELLS FARGO HOME MORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION MICHAEL E. NEUMANN WANDA K. NEUMANN A/KJA WANDA K. HURLEY NO. 04-2537 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) WELLS FARGO BANK., N.A.. SIB/M TO WELLS FARGO HOME MORTGAGE. INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at. 428 SOUTH HANOVER STREET. CARLISLE. PA 17013. 1. Name and address of Owner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHAEL E. NEUMANN 428 SOUTH HANOVER STREET CARLISLE, P A 17013 WANDA K. NEUMANN A/K/A WANDA K. HURLEY 428 SOUTH HANOVER STREET CARLISLE, PA 17013 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known 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 Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occnpant 428 SOUTH HANOVER STREET CARLISLE, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. September I. 2004 DATE ",-~J) ct R!Jj) do l\s0L ~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ....' <::.;:~ .....-- (i<) ,"; c..~ (') " -. :'~ .1 c> ,',". WELLS FARGO BANK, N.A., SIBIM TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, CUMBERLAND COUNTY No. 04-2537 v. MICHAEL E. NEUMANN WANDA K. NEUMANN A/K/A WANDA K. HURLEY Defendant{s). September 1, 2004 TO: MICHAEL E. NEUMANN 428 SOUTH HANOVER STREET CARLISLE, P A 17013 WANDAK. NEUMANN AlKJA WANDAK. HURLEY 428 SOUTH HANOVER STREET CARLISLE, P A 17013 ""THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, 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. 428 SOUTH HANOVER STREET. CARLISLE. PA 17013. is scheduled to be sold at the Sheriffs Sale on DECEMBER 8. 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $67.206.24 obtained by WELLS FARGO BANK, N.A., SIBIM TO WELLS FARGO HOME MORTGAGE. 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 Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7 . You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249.3166 (800) 990-9108 ALL TIlA T CERTAIN lot of ground &ituate in the Borough of Carlisle. CoIIlberlaod County. Pennsyl\lllllia, bounded and described as follows: BEGINNING at a point GlI the curb line of South Baooyer Street, at corner of lot now or formerly of Mrs. Levi Hertzler; tbellCe Westwaldly tbrough the center line Gf the pmItlon wall of the bouse on the lot hereby beilIg convoyed and !be house on the lot now or fonnerly of the said Mrs. Levi Hertzler, a distance of two hu1ldred folly (2M)) feet, more or Jess, to the cem:er line of ~I Alley; lIIeJK:e Northwardly by said center line of said Sdwol Alley, a dlstance of twenty (20) feet; tbeoce Eastwardly by lot of gtolll1d III)W or formerly of W. A. WelZel, a diSlllnCe of one hundred seventy-nine (179) feet nine (9) inches to a point at the center of the Western eotrance to an alley-way twO (2) feet six (6) inches wide, whicl15aid alley-way is between the bouse on the lot beteby beilIg c;onveyed and the house on the lot. now or formerly of the said W. A. WeI2el; thence NortbwanlJy by said Jot now or furmerly of the said W. A. Wetzel, one (1) foot six (6) inches to a point in the ceIlter of the pmItlon wall between the house hereby being cooveyed and that now or formerly of the said W. A. WelZel; thence Eastwanlly by the center line of said partition wall, a distance of ~ (00) feet, three (3) inches, more or Jess, to a point on the curb line of said South Hanover Stm:t; lbe1ll:e SouthwanlJy by said curb line adistanl:e of twenty-one (21) feet six (6) inehes to comer of lot MW or formerly of the said Mrs. Levi Helnler, the place Df beginning. BEING improved with a three story-brick dwelling house known as and numbered 428 SOUlII Hanover Street, and other improvemeols. RESERVING, HOWEVER. 10 tbeowner of !.be lot of ground on the North of the property beteby heiag COIlYeyed. his beirs and assi&JlS. the right to the use of the afoteSaid alley.way, twO (2) feet six (6) inches wiele as !.be same is pow construcled and used in common with the said GraJllOTS herein, their heirs and assigns. as necessary charges and expenses wbich sball from lime to time atcnle in paving, repairing and cleaning the said alIey.way to be sIwed equally by the ()WIIefS of said adjoiniJIg propen:ies, their bein and assl&JlS. TITLE TO SAID PREMISES IS VESTED IN Michael E. Neul11lllUl and Wanda K. Newnann. his wife, by Deed from Beny A. Brown. single person. Ilated 1213112001 and recmded \14/2002 in Record Poole 249. Page4523. Tax Parcel #04-22-0483-0S6 AFFIDAVIT OF SERVICE PCAINTIFF WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. MICHAEL E. NEUMANN WANDAK. NEUMANN AlKJA WANDA K. HURLEY CUMBERLAND COUNTY No. 04-2537 PJT DEFENDANT(S) ACCT. #6820465 SERVE WANDA K. NEUMANN AlKJA WANDA K. HURLEY AT 428 SOUTH HANOVER STREET CARLISLE, PA 17013 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 8, 2004 SERVED ~ Served and made known to kJQ1\1..lJ.;;t 1<. VJ<:U~tJtv ,Defendant, on the /6 daYOf~' ,200!Jat S:03,0'c1ockfm.,at +;;<8 s:'. C-1r:-oaV<:'R.~') COl~ ~~ ::>\e , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. V- Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant( s)' s company. Other: ~(.)'5bN & . tlJIic.~ ~ \ [. fJe. v '^'" do IV ('-! , J{ ,..... Height -2IJ \ ~. I, Giz ... ~1. ~ h, ~~ , a competent adult, being duly sworn according 110 law, depose and state that I personally handed a true and corr ct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Desc 'ption: Age . ),)0 ":J\.-c..(' ( Weight20 Race W'"'-sexR Other 5~. -\ ~'O"<'k ~R.. Sworn to and subscribed bef2 me this I.5Tb.. day of AG, 200!:f ca4/J Ni5t~. . .".7 I*f-~ By: ~MPTSERveATI; NOTMIALSEN. PIMc LUCLLE H. CARTY. =.: CcuIlY My T~Nlw.1o.Z007 NOT SERVED On the day of ,200_, at o'clock _.m., Defendant NOT FOUND beca:.!se: Moved Unknown No Answer Vacant 1 st Attempt: / I Time: 2nd Attempt:_ / I Time: 3rd Attempt: I I Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 ,....,~ <:.-;;:::l C) -','I ..c- r~..) c~: C;:; (.,,) C) \.t,',l AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO BANK, N.A., S/BIM TO WELLS FARGO HOME MORTGAGE, INC. CUMBERLAND COUNTY PJT No. 04-2537 DEFENDANT(S) ACCT. #6820465 MICHAEL E. NEUMANN WANDA K. NEUMANN AlK/A WANDA K. HURLEY Type of Action - Notice of Sheriff's Sale SERVE MICHAEL E. NEUMANN AT 428 SOUTH HANOVER STREET CARLISLE, PA 17013 Sale Date: DECEMBER 8, 2004 \1 SERVED Served and made known to r\IC~ \ f:" I ~QV""'Cl-'t-i\.l, Defendant, on th" at 570~0'clockf-m.,at f;<B 5', j{a-t-lov<e(L S't, J of Pennsylvania, in the manner described below: -X-Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. /;;r{t, iYOf~,200_'f C 02<<-[: ~ e.. , Commonwealth Other: . , " 1\/ ~A }Jo lD~<= "> Dention: Age Jj.o 7) Heig~.nL Weight;;?2p Race ~ Sex ~ Other sLov~ ~ k l~1 ~ I, ~\l->c..'l. L, ~~1 icou;;tent adult, being duly sworn according to law, depose and slate that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, iss ca tioned case on the date and at the address indicated above. Sworn to and subscribed befor methis;s:.:t1Jday {;)k ~ of ,200'" P I ota : . 7':'. By: / l T ~~TLEAST' TIM". ,,""CATE "AT & NOT SERVED On the day of ,200_, at Moved _. Unknown No Answer - 1 st Attempt: / / Time: 3rd Attempt: / / Time: o'clock _.m., Defendant NOT FOUND because: Vacant 2nd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Frank Federman, Esquire - J.D. No. 12248 1""-,' (':~:I ~:,:~l -<C" :.73 ~.I '1 G) c..J C) ,.0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A., S/B/M TO ) CIVIL ACTION WELLS FARGO HOME MORTGAGE, ) INC. vs. MICHAEL E. NEUMANN WANDA K. NEUMANN NKI A WANDA) CIVIL DIVISION K. HURLEY ) NO. 04-2537 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for WELLS FARGO BANK N.A.. S/B/M TO WELLS FARGO HOME MORTGAGE. INC. hereby verify that on 9/8/04 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: November 22,2004 11M[~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~~ig-~ ~~~~~ "'i"~~ 8." '''l'j - ",ir~g.5 ~aS,6g' &;.~~~ ",.fi".8![j OJ i ~. 8 ~ ff ct.~"2 g.!n' 0.. !l c:r <l jil 'Oi ~ li"'" ~~El 85. o _. <l Ii; Q. 9~&ii: .. l-". ~ = ~~~~~ '"1 it.., Uli <l ~.[!d;. '!!l 3.a.. ~ Ii: a a 6. t"'" it &: i:~. i ~ ~El ;:O:~.8g. g-g Ii; [ i'Oi ~ <l s: c:r ~ '!!l. i g~ ~ o' tr1 fII Q. [.f:l g!. _.<l ct"- jill:l O';l 5 ~~." g ~5 i ~J~J l? ~ ~ S. ~ ~. ~ go g.gr~~. ~~ 8~ ~g-a~ foJ ~''t;) r:r :I ~.n [ n~ if.~ gg ~[ [1! ~o w...., ~ ...... ~ ...... ...... ...... .j:>. ...... IV ...... o .... VI \0 .j:>. ~ IV 00 -...J 0'1 VI f~ ~ II ~ 02, l- !3lif. ~ ,a ; @ 8 ~ ~ ~ ~ g ~ R ~ ~ ~ f ~ ~ g i .j:>. "T1 Z "ll IV "'C CZl ! 00 trl 0 ~ ~ ~ ~ ~ ~ ~ j ~ ~ ~ ~ g ~ ~ ~ 8 ~ ~ ! i:: ~ Z e ~ 0 CZl til :;tl .~ s;; Ed ~ ~ ~ -.). 0 ~ (3 ~ tl:l ~ ~ ~ ~ tI1 .Y' ~ ~ g CZl ~ tl:l .... ~ .m 9 ~ !~ fi ~~ ." II Z ~ o i ~: "'C > .... -...J o .... ...... t"'" Er G 0>2: ",",Q.~ ~Q.B = a ftl Q.~~ ftl ~ = ., Q. s: n i' z r:: 3 C' (0 ., :z .. :I .. .. ... > ... ... "' II J ;q;;O'TJ :::.;.....:3"trl ~-.Jot:::l !~i~ 1~~~ ~~!f~ \Oo~t3 ;:; ~ CIl "'d w &::I: ~tcc- 00 g Ft ,'J ~(b~5: ~~CIl~ ;-F-gt'"' ., ... . t'"' ~CIlQ"'d . c..... ~ .... ~ ft .@ ~ ftl 0 ., 0 -.' (") ,....., 0 = ?'; = II .z;:- ~] !:i',: -.0' s:! ~,- n"ll ~ 0 fn:rl -',7 "1' ..:: r- :=?' (~ N :)} rr1 S;! -.'26 '-" 0 i~; ...~( 2j-r -0 -' ,i :::: '70 om ",. -;.j tI[' __ ~ ::;.l " C.Ti Wells Fargo Bank, slb/m to Wells Fargo Home Mortgage, Inc. VS Michael E. Neumann and Wanda K. Neumann a/kJa Wanda K. Hurley In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-2537 Civil Term Ron Kerr, Deputy Sheriff, who being duly sworn according to law, states that on September 08, 2004 at 1:47 0' clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: Michael E. Neumann and Wanda K. Neumann a/kJa Wanda K. Hurley, by making known unto Michael E. Neumann, personally and adult in charge for Wanda K. Neumann, at 428 South Hanover Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on October 26, 2004 at 2:53 o'clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Michael E. Neumann and Wanda K. Neumann a/kJa Wanda K. Hurley located at 428 South Hanover Street, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Michael E. Neumann and Wanda K. Neumann a/kJa Wanda K. Hurley, by regular mail to their last known address of 428 South Hanover Street, Carlis e, PA 17013. These letters were mailed under the date of October 07,2004 and never returned to the Sheriffs Office. . Thomas Kline, Sheriff, who being duly sworn according to law, states that thi writ is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Law Library Prothonotary Mileage Levy Surcharge 30.00 ]8.44 ]5.00 ]5.00 .50 l.00 7.40 ]5.00 30.00 ,() J Ii. \. ~(! ,~ \~\ '7 I\U ,~4.\ .if 4'ii Law Journal Patriot News Share of Bills Postpone Sale 400.25 357.52 30.42 20.00 $940.53 Sworn and subscribed to before me So Answers: This~daYOa~~ r~?V:d!< ~ o d R. Thomas Kline, .ste.;;; riff- 2005 A.D. ~Q.." ~~'~ ~/ rothonotary BY ___o- Real Estat eputy ./ WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. ~ CUMBERLAND COUNTY , , Plaintiff; COURT OF COMMON PLEAS v. CIVIL DIVISION MICHAEL E. NEUMANN WANDA K. NEUMANN NKJ A WANDA K. HURLEY NO. 04-2537 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) WELLS FARGO BAN N.A. S/B/M TO WELLS FARGO HOME MORTGAGE IN ., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the da the Praecipe for the Writ of Execution was filed the following information concerning the real pr perty located at, 428 SOUTH HANOVER STREET, CARLISLE. P A 17013. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHAEL E. NEUMANN 428 SOUTH HANOVER STREET CARLISLE, P A 17013 WANDA K. NEUMANN AlK/A WANDA K. HURLEY 428 SOUTH HANOVER STREET CARLISLE, P A ] 7013 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record Ii on the real property to be sold: Name Last Known Address (if a<Idress cannot e reasonably ascertained, please indicate) None . , 4. Name and address ofIast recorded holder of every mortgage ofrecord: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known 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 w ose interest may be affected by the sale. Name Last Known 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 an interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 428 SOUTH HANOVER STREET CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of m personal knowledge or information and belief. I understand that false statements herein are made s ~ect to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. September I. 2004 DATE ~~ ()~ ~~dol\<<'i~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, CUMBERLAND COUNTY No. 04-2537 v. MICHAEL E. NEUMANN WANDA K. NEUMANN AfKJA WANDA K. HURLEY Defendant(s). September I, 2004 TO: MICHAEL E. NEUMANN 428 SOUTH HANOVER STREET CARLISLE, PA 17013 WANDA K. NEUMANN Ai WANDA K. HURLEY 428 SOUTH HANOVER S ET CARLISLE, PA 17013 17013 is berland ent of OME nnouncement "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFO OBTAINED WILL BE USED FOR THA T PURPOSE IF YOU HA VE PREVIOUSLY RECEIVED A DISC BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED. THIS IS NOT AND SHOULD NOT BE CON AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.' Your house (real estate) at 428 SOUTH HANOVER STREET CARLISLE P scheduled to be sold at the Sheriff's Sale on DECEMBER 8. 2004 at 10:00 a.m. in the C County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court jud $67.206.24 obtained by WELLS FARGO BANK N.A. Sffi/M TO WELLS FARGO MORTGAGE. INC. (the mortgagee) against you. In the event the sale is continued, an 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 cancelled if you pay to the mortgagee the back payments, ate charges, costs and reasonable attorney's fees due. To find out how much you must ay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to st ke or open the judgment, if the judgment was improperly entered. You may also ask the our! 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 IT ore 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 OT Jlli RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bid er. 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 g ossly 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. the sale. To find out ifthis has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceed ugs to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution ofthe money bid for your house will be filed by the Sheriff within 30 days of he sale. This schedule will state who will be receiving that money. The money will be paid out in acco dance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7 . You may also have other rights and defenses, or ways of getting your home ba( , if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU D< NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFI< E LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It ma not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale m st be postponed or stayed in the event that a representative of the plaintiff is not preser at the sale. CUMBERLAND COUNTY ATTORNEY REFEtffiAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN lot of ground situate in tile Borough of Carlisle, Cumberland Pennsylvania, bounded ~d described as follows: BEGINNING at a point on the curb line of South Hanover Street, at corner of lot now or fo Mrs. Levi Hertzler; thence Westwardly through the center line of the partition wall of die house lot hereby being conveyed and tbe house on the lot now or formerly of the said Mrs. Levi He distance of two hundred forty (240) feet, more or less, to die center line of School Alley; Nollhwardly by said center line of said School Alley, a distance of twenty (20) feet; thence Ea ly by lot of ground now or formerly of W. A. Wetzel, a distance of one hwu:lred seventy,nine (17 ) feet nine (9) inches to a point at the conICr of die Western entrance to an alley-way two (2) feet ix (6) inches wide, which said alley-way is between die house on the lot hereby being conveyed and th house on the lot, now or formerly of the said W. A. Wetzel; thence Nonhwardly by said lot now or erly of the said W. A. Wetzel. one (1) fool sill (6) inches to a point in the center of the partitio wall between the house hereby being conveyed and that now or formerly of the said W. A. Wetzel; ence Eastwardly by the center line of said partition wall, . distance of sixty (60) feet, three (3) inches more or less, to a point on the curb line of said Soulb RallOVer Street; thence Southwardly by said co line a distance of twenty-one (21) feet six (6) inches to corner of lot now or formerly of the said Mr . Levi Hewer, the place of begirming. BEING improved with a three story-brick dwelling house known as and numbered 428 Sooth H nover Street, and other improvements. RESERVING, HOWEVER. to the owner of the lot of ground on tbe Nollh of the properly hetch being conveyed, his heirs and assigns. the right to the use of the aforesaid alley-way, two (2) (eet ix (6) inches wide as the same is now constructed and used in common with the said Grantors herei , their beits and assigns, as Ilecessary charges and expenses which shall from time to time accrue in ving, repairing and cleaning the said aIIey,way to be shared equally by the owners of said ad oining propenies. their heirs and assigns. TITLE TO SAID PREMISES IS VESTED IN Michael E. Neumann and Wanda K. N . his wife, by Deed from Betty A. Brown, single person. dated 12131/2001 and recorded 1/4/2002 n Record Book 249, Page 4523. Tax Parcel #04-22~83-OS6 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-2537 Civil CIVIL ACTION - LA TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., Plaintiff (s) From MICHAEL E. NEUMANN, WANDA K. NEUMANN A/K/A WANDA K. HURLEY (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 gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined om paying any debt to or for the account of the defendant (s) and from delivering any property of the defe ant (s) or otherwise disposing thereof; (3) Ifproperty 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 s a garnishee and is enjoined as above stated. Amount Due $67,206.24 L.L. $.50 Interest FROM 9/2/04 TO 12/8/04 (PER DIEM - $11.05) - $1,082.90 AND COSTS Atty's Canon % Due Prothy $1.00 Atty Paid $309.45 Other Costs Plaintiff Paid Date: SEPTEMBER 3, 2004 CURTIS R. LONG (Seal) Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 Real Estate Sale #47 On September 07,2004 the Sherifflevied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, P A Known and numbered as 428 South Hanover Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 07, 2004 By: Joh~ Real Estad Deputy .1' c;1' It'd ' \., ,l. 1_"J "~: Z P(' a:.:,) AJ ~jlc: ; J..',; ~ ~ ~ REAL ESTATE SALE No. 47 Writ No. 2004-2537 Civil Term wells FargO, Bank, sIbIm to Wells Fargo Home MO!'l9age, Inc. Vs" Michael E. Naumann and Wanda K.Neumann aNa Wenda K. Hurley Ally: Frank Fedennen - DESCRIPTION AIL mAT CFRfAIN lot of groond situate in the Borough of Carlisle, Cumberland County, Pennsylvania, boonded and deicribed as follow" BEGINNING at a point on the cmb line of South Hanover Street, at comer of lot now or fonm:rly of MrS. Levi lIertt1er; thence WestWardly through the center line of the partition wall of the hoose . on the lot hereby being conveyed and the hoose on the lot now or fonnerly of the said Mrs. Levi H~ a. distance of twn hnndred forty (240) feet, more or less, to the center line of School Alley; thence Northwanlly hy said center line of said School Alley, a distance of twenty (20) feet; thence Eastwardly hy lot of groond now or foonerly of WA 'Wetzel, a distance of one hnndred seventy,nine (179) feet nine (9) inches to . point at the center of.the Western entrance to an alley,way two (2) feet six (6) inches wide, which said alley,way is between the hoose on the lot hereby being conveyed and the hoose on the lot, now or fonnerly of the said W. A. Wetzel; lbence Northwardly hy said lot now or fonnerly of the said W. A. Wetzel, nne (I) fcxt six (6) inches to a point iIt the center of the partition wall between the hoUse hereby being conveyed and that now or fmmerly of the said yv. A. Wetzel; thence Eastwardly by the center line of said partition wall. a distance of sixty (60) feet, 1bree (3) inches, ntore or less, to. a point on.the cmb line of said South Hanover S1Ieet; thence Southwanlly by said cmb line a distance of twenty-one (21) feet six (6) inches to = of lot now or formerly of the said Mrs. Levi Hertzler, the pIal:e ofBEGlNNlNG. BEING improved with . 1hree-story brick ~.~"and DIIIIlbered 428 ~~,==~-;:'Iot <!t~.&\. .1bCl'lot1l1 Of the JIDllOl1Y hereby belltl:onveyed; his heirs and assigns, the right to lhCose of the aforesaid alley,way, two (2) feet six (6jinches wide as lbe same is now constructed ani! used in common wilb the said Gtantoni hOrein. their heirs and assigns, as necesSlll)' charges and expense's which shall from time to time accrue in paving. repairing and cleaning lbe said alley,way to lie shared "Nally by the owners of said adjoining properties, their heirs and assigns. 1TI1E TO SAID premiSes is vested in Michael E. Neumann and Wanda K. Neumann. his wife, by Deed from Betty A. Brown, single person, dated 12131/2001 and recorded 1/412002 in Record Book249, Page 4523. TAX PARCEL 1104-22-0483-056. . REAL ESTATE SALE NO. 47 Writ No. 2004,2537 Civil Wells Fargo Bank. s/b/m to Wells Fargo Home Mortgage. Inc. vs. Michael E. Neumann and Wanda K. Neumann. a/k/a Wanda K. Hurley Atty.: Frank Federman ALL THAT CERTAIN. lot of ground situate in the Borough of Carlisle. Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the curb line of South Hanover Street, at comer of lot now or formerly of Mrs. Levi HertzIer; thence Westwardly through the center line of the parti- tion wall of the house on the lot hereby being conveyed and the , house on the lot now or formerly of the said Mrs. Levi Hertzler. a dis- tance of two hundred forty (240) feet, more or less, to the center line of School Alley; thence Northwardly by said center line of said School Alley, a distance of twenty (20) feet; thence Eastwardly by lot of ground now or formerly of W. A Wetzel, a distance of one hundred seventy- nine (179) feet nine (9) inches to a point at the center of the Western entrance to an ailey,way two (2) feet six (6) inches wide, which said al- ley-way is between the house on the ! lot hereby being conveyed and the house on the lot, now or formerly of the said W. A Wetzel; thence North- wardly by said lot now or formerly of the said W. A Wetzel. one (I) foot six (6) inches to a point in the cen- ter of the partition wall between the house hereby being conveyed and that now or formerly of the said W. A Wetzel; thence Eastwardly by the center line of said partition wall. a distance of sixty (60) feet, three (3) inches, more or less, to a point on the curb line of said South Hanover Street; thence Southwardly by said curb line a distance of twenty-one (21) feet six (6) inches to comer of lot now or formerly of the said Mrs. Levi Hertzler, the place of beginning. BEING improved with a three story-brick dwelling house known as and numbered 428 South Han- over Street, and other improvements. RESERVING. HOWEVER, to the owner of the lot of ground on the North of the property hereby being conveyed, his heirs and assigns, the right to the use of the aforesaid ai- ley-way, two (2) feet six (6) inches wide as the same is now constructed and used in common with the said Grantors herein. their heirs and as- signs, as necessary charges and ex- penses which shall from time to time accrue in paving, repairing and cleaning the said alley-way to be shared equally by the owners of said adjoining properties. their heirs and assigns. TITLE TO SAID PREMISES IS VESTED IN Michael E. Neumann and Wanda K. Neumann, his wife, by Deed from Betty A Brown, single person, dated 12/31/2001 and re- corded 1/4/2002 in Record Book 249. Page 4523. Tax Parcel #04-22-0483-056. . { ...... CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK, N.A., SIB/M TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, v. No. 04-2537 MICHAEL E. NEUMANN W ANnA K. NEUMANN A/KJA W ANnA K. HURLEY Defendant( s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due q 1').\ oq Jr Interest from to SEPTEMBER 6, 2006 (per diem -$11.05) Add'l cost TOTAL $67,206.24 $1,121.75 and Costs $5,037.00 $68,289.14 --T?~vIA. ~ DANIEL G. SCHMIEG, ESQ One Penn Center at Suburban St on 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. PHS#93404 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. ".. " ,...... M I .", () - ~~ ."." ....s ~..s =Or- ~.... 1) .;J..;J. ~~ ~~ _-A ~<I) I -+ ~~ ~<t ~v ~ ~ ~ ~ ~~ ~~ ~ ~ .;J. t,) s ~~ ~~ .... ~~ "$ . o~ .,;. B ~~ ~ ~ ~o ~ ~~ \\ ~ e< ~'t ~~ OJ .&> ~<I) <I)" lOla ~ ~~ ~~ \li<!i. O~ ~~ t!. 't~ i.~ ~.;J. \~ ~ ~~ \i Ii> ~1 >JS ~ ;.. t: ~<I) Po v~ ~~ QOQO OJ If.lS ~! ~~ ~ c:c~ ~ Ov \0 e\ ~i %~ ~ 1 \li<~ ~~ ~ OJ v 1 :g ea <I)\li< .,;. 1 .r. ~'" .... \11 ~~ \>-< ~t .;J. r ~~ ~ ~? ~ V ~ N ~ -:: ,.,- - 1'0 ~~r~~ : 0'" ('") \...Wp- ..",... ~l..0 :~ U::-.::C ~ r-~ ,-0 '-'" = o ~ ~.;;. .::: ~ ;:;: :::. ~ ~ ~ .::; ;:: ~ ~ ~ ~ C)--... -.l\ ~ z- -=+~ ct pQ ':. ~ ~,~ 0-'-1 <Jl <J~ t./)"': ~M - - - -::- :: - - ~ ~ ~ ~ I \ I · I \ \ ,\ \ I ~C")~;) 0 ~OO{)0(J 0Vl~~~ D<)O()~O ..)6\!l~'-1 ~~~~~~_~t0 - \ 0., ::r ('t> ~ "6 - <) CJ ~l.: ~ <:J , .... All TIlA T CERTAIN lot olf ground situate in the Borolugh of Carlisle, Cumberland COuDly. Pennsylvania, bounded ~ described as follIows: BEGINNING at a point on the curb line olf South Hanover Stteet, at comer of lot now or fonnecly olf MIs. Levi HertzJec; tbeoce Westwardly through the center line of tile pattition wall of Ibe house oln Ibe lot hereby being conveyed and the house on lhe lot now or formerly of me said Mrs. Levi Hertzler, a dlstance of two huDdRd fony (240) feet, more or less, to the center line of SdIooI Alley; dlence Noltbwardly by said <:enter line of said School Alley, a distance of twellty (20) fed; tIleoce EastWanlly by lot of ground now or formerly ofW. A. Wetzel. a distance of one hundred seventy.nine (179) feet nine (9) incbes to a poiDl at the center of the Western eDlranCe to an a1Jey-way two (2) fee( six (6) inches wide, wIIich said alley-way is between Ibe house 011 die lot hereby bciag COlIVeyed and the house on the lot, now or formerly olf die said W. A. Wetzel: rbence NorthwanJly by said Jot nnw or formerly of die said W. A. Wetzel. one (1) fool six (6) inches to a pow in the center of die pattition wall between the house hereby being conveyed and dUll now or formerly of the sald W. A. WeaeJ; t1Ience Eastwanlly by the center line of said partition wall, a di.......... of sixty (60) feet, three (3) inches, more or Jess, lD a point on the curb line of said South HRIlIIYU S\nlet; thence Southwardly by said wrb line a distaDce of twenty-ooc (21) feet six (6) inc:bes lD comer of lot now or formerly of the said Mr.. Levi Hemler, the place of beginning. BEING improved widl a three story-brick dwelling house known as and numbered 428 SoodJ Hanover Street, and otbec improvemeoll;. RESERVING, HOWEVER, to the owner of the lot of ground on the North of die property hereby being CODveyed, his beinI and assigns, the eight to the use of the aforesaid alJey,way, two (2) feet six (6) incbes wide as the same is now COIlJlruCled and used ill common with tile said Grantors hereill, dtelc heirs and assigns, lIll necessary clJacges and expenses which $haU from lime to time accrue ill paving, repairing and cleaning tile said alley-way to be shared equally by die owners of said adjoining properties, their heirs and assigns. TITLB TO SAID PREMISES IS VBSTIID IN Michael E. Neumann and Wanda K. NeutllllIIlI. his wife, by Deed from Betty A. Brown, sIugIe person, dated 1213112001 and cecocded 11412002 ill Record Book 249, Page 4523. Tax Parcel #M-224U13-QS6 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-2537 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfY the debt, interest and costs due WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., Plaintiff (s) From MICHAEL E. NEUMANN AND WANDA K. NEUMANN AlKJA WANDA K. HURLEY (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the accoWlt 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 fOWld 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 $67,206.24 L.L. Interest FROM 9/2/04 TO 9/6/06 (PER DIEM - $11.05) ,- $1,121.75 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $1262,48 Other Costs Plaintiff Paid Date: MAY 31, 2006 ~ CURTI (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPIDA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYL VANIA INRE: Michael Edward Neumann Wanda Kay Neumann a!k/a Wanda Kay Hurley Chapter 13 Case No.: 1-04-bk-07230 Debtor(s) ORDER DISMISSING CASE AND NOW, in Harrisburg, in said District, upon consideration of the Trustee's Certificate of Default of Stipulation on Motion to Dismiss case and it having been determined that this case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. By the Court, 7:ti~a~ B p Judge (EW) Dated: February 16, 2006 This electronic order is signed and filed on the same date. PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DMSION MICHAEL E. NEUMANN WANDA K. NEUMANN AIKIA WANDA K. HURLEY NO. 04-2537 Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~j h .f~Q__~ :~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff o ~:: < i~': ,-, {::~ ~7 ~: -<. w - o -n --1 ::t:-n ;"np ~c,m ~~lrz, -0 -""" -~ '-"",') "> '1'c; ';;;..\.. ~ :2\01 .~ ;;;:- N WELLS FARGO BANK, N.A., SIB/M TO WELLS , FARGO HOME MORTGAGE, INe. CUMBERLAND COUNTY , Plaintiff, v. COURT OF COMMON PLEAS CIVIL DIVISION MICHAEL E. NEUMANN WANDA K. NEUMANN AfKIA WANDA K. HURLEY NO. 04-2537 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) WELLS FARGO BANK. N.A.. SIBIM TO WELLS FARGO HOME MORTGAGE. INC., Plaintiff / in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,428 SOUTH HANOVER STREET. CARLISLE. FA 17013. L Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHAEL E. NEUMANN 428 SOUTH HANOVER STREET CARLISLE, P A 17013 WANDA K. NEUMANN AlKfA WANDA K. HURLEY 428 SOUTH HANOVER STREET CARLISLE, P A 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None ~ \' 4. Name and address oflast recorded holder of every mortgage ofrecord: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known 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 Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 428 SOUTH HANOVER STREET CARLISLE, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department ofWeIfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Mav 30. 2006 DATE ~~.A.~~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff l , . 9 .-> 0 c::~ = -n :-,~ ~J' , ~ -l ::;:.,..- :1:...." -< n,p:.; W ~ts '.~f- -v :_:2 -11 ::t.: C"-j I ~'~rn ~~ -.~~ .-\ ,,(~,- :J,;; .:;< .- .--' N -< , J WELLS FARGO BANK, N.A., SIBIM TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, CUMBERLAND COUNTY No. 04-2537 v. MICHAEL E. NEUMANN WANDA K. NEUMANN A!KIA WANDA K. HURLEY Defendant(s). May 30, 2006 TO: MICHAEL E. NEUMANN WANDA K. NEUMANN AlKJA WANDA K. HURLEY 428 SOUTH HANOVER STREET CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, 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. 428 SOUTH HANOVER STREET. CARLISLE. fA 17013. is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 6. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $67.206.24 obtained by WELLS FARGO BANK. N.A.. S/BIM TO WELLS FARGO HOME MORTGAGE. 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 Sheriff's Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, ifthe 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. r 'I 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. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE --, .. ., All. THAT CERTAIN tot of ground silwill: in the Borough of Carlisle. Cumberland CouDly. Pennsylvllnia. bounded ~d describ<d as follows: BEGINNING at a point on the curb line of Solllh Hanover Street, al corner of lot now or formerly of Mrs. Levi Hertzler; thence WestwaMly through the teDler lineaf the panltlon wall of the house on the lot hereby being conveyed and the house on the lot now or formerly of the said Mrs. Levi Hertzlet, a dlstaooe of two hundred fony (240) feet. HHlIC or less. to the ce:oter line of School Alley; lheDllC Northwardly by said ce:oter line of said School Alley. a distance of tweJlty (20) feet; tbeoce Eastwardly by lot of grOUlld now or funnedy of W. A. Wetzel, a distance of ODe lwDdred _my-nine (119) feet nine (9) incbes to a poim at the cellIet of the Westem entrance to an alley-way two (2) feet six (6) incbes wide, which said alley-way is between the hollSC ()D the lot hereby being convqed and the house on the lot, now or formerly of the said W. A. Wetzel; tbeoce Nonhwardly by said Jot now or formerly of the said W. A. Wetzel. one (1) foot .ix (6) inches to a point in the center of the partition wall between the house hereby being conveyed and that now or formerly of the sald W. A. Wetzel; thence Eastwanily by the center line of said partiooll wall, a distam:e of sixty (60) feet, three (3) indies. more OJ less, to a poiDt on the curb lioe of said South HlUlIIYeI' Sln;d; lhe:nte Southwardly by said curb line a disl3DCe oftwenty-oJlC (21) feet six (6) inches to comer of lot now or funnedy of the said Mr.. Levi Hertder, the place of beginning. BEING improved with a three story-brick dwelling house known as and Dumbered 418 Sooth HBJJOYcr Street, and other improvemeols. RESERVING, HOWEVER, to the owner of the lot of grOW1d on the North of the property hereby beiag conveyed. his heirs and ..signs, the right to the use of the aforesaid alley'way, two (2) feel six (6) incbcs wide as the same is now constl1lCled aDd used in common witb the said Grantors herein. lheir heirs and assigns, lIS necessary cI1arges and expenses which $ball from lime to lime accrue in paving, repairing and cleaning the said a1Iey-way to be shared equally by the 0WIIeIS of said adjoillillg properties, their heirs and assips. TITLE TO SAID PREMISES JS VES1'ED IN Michael E. Nculllllllll and Wanda K. Neumaan. his wife, by Deed from Betty A. Brown, single person, dated 1213112001 aDd recorded 1/412002 ill Record Book 249, Pale 4S23. Tax PareeI 104-22..()4$3-OS6 L// (') ~:,~ ~"'l'; di,"" '-_,,;,,1 ....., .~ " ~, ~::;;) C::l (::;".... C1 'n :T! rn:TJ r- 01 \:'~.l --.;." ~: G-) -u () " ~''')_~l ?'_:~ ~;~ ':;j :X? -< ~. 1'., .' l' If} 70'7:':? / AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO BANK, N.A., SIBIM TO WELLS FARGO HOME MORTGAGE, INC. CUMBERLAND COUNTY CQS No. 04-2537 ACCT. #6820465 DEFENDANT(S) MICHAEL E. NEUMANN WANDA K. NEUMANN NKJA WANDA Type of Action - Notice of Sheriff's Sale K. HURLEY SERVE MICHAEL E. NEUMANN AT 428 SOUTH HANOVER STREET CARLISLE, P A 17013 Sale Date: SEPTEMBER 6, 2006 SERVED Served and made known to.M,'cl,a.. { E. AJE'..,....a"'., . Defendant, on the at f.'1I , o'clocL.m., at t.{2.h" ~t< ~'" Nq"l6u-er sf. 10 day of J...~e ,200ft:, . Conunonwealth of Pennsylvania, in the manner described below: Alefendant personally served. v' Adult family member with whom Defendant(s) reside(s). Name and Relationship is -""10 t+- .AlIA. .....AM' (Jo 'I) Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or per1lon in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 1(,. J 0 Heigbt~ I Weight ~ Race \-I Sex ~ Other I, ~o.lJ': d. ((0 ber+-:s' . a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice ofSherifrs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. NOT SERVED On the day of .200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant I " Attempt: / / Time: 2nd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and snbscribed before me this _ day of .200 . Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 -z 5 .~ ( Q ,~ ~ -1 ,"11E C''"' c:' , -""; ~.~;; C~ .' . . - AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO BANK, NA., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. CUMBERLAND COUNTY CQS No. 04-2537 ACCT. #6820465 DEFENDANT(S) MICHAEL E. NEUMANN WANDA K. NEUMANN A!K/A WANDA K. HURLEY Type of Action - Notice of Sheriff's Sale SERVE WANDAK. NEUMANN A!K/A WANDA K.HURLEY AT 428 SOUTH HANOVER STREET CARLISLE, PA 17013 Sale Date: SEPTEMBER 6, 2006 SERVED Served and made known to W Ct^ de( k. A.le Co</lNI...."". Defendant, on the J 0 ,200kat S"": II . o'clock.!.m., at 42- a- ..s. ,-Jq.,wer S./.. day of -;T...", e , Commonwealth of Pennsylvania, in the manner described below: 2efendant personally served. ....... Adult family member with whom Defendant(s) reside(s). Name and Relationship is 50/'\ Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Agelo-Jo Height~1 Weight J~ Race "'-/ Sex ,A.;T Other I, ~n.. JL'J R.ohel'+S ,a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. and su scrihI\,d . b~d 200;?o{ 1/ 'F n ' ~~y: Vc-.i ~ ~T SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE , ' ..:JIIC ATIEMPTED. "0' i~ew Jersey .::;1,., E. HARRIS NOT SERVED JI. ".ien Expires June 16, 2008 On the day of , 2oo~ at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vaeant 1" Attempt: / I Time: 2"d Attempt: I I Time: 3rd Attempt: I I Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - J.D. No. 62205 L. 6 ~( () ':J .., ---1 :-fi3 - , ....,.' n;. ' C=:J t..'"1 Cr'::;, . PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. LD. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A., slblm to Wells Fargo Home Mortgage, Inc. ATTORNEY FORPLAINTWF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Michael E. Neumann Wanda K. Neumann, a/k/a Wanda K. Hurley Defendants No. 04-2537 Civil Term PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on June 4, 2004, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on September 3,2004 in the amount of $67,206.24. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. A Sheritrs Sale ofthe mortgaged property at 428 South Hanover Street, Carlisle, PA 17013 (hereinafter the "Property") was postponed or stayed for the following reasons: a) The Defendants filed a Chapter 13 Bankruptcy at docket number 1-04-07230 on December 6, 2004. Plaintiff obtained relief from automatic stay by order of court dated February 9, 2006. A true and correct copy of the Bankruptcy Relief Order is attached hereto, made part hereof, and marked as Exhibit "C". 4. The Property is listed for Sheritrs Sale on September 6, 2006. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through 9/6/06 Per Diem $12.14 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/BPO MIP/PMI NSF Suspense/Misc. Credits Escrow Deficit $61,342.28 9,906.78 162.36 1,500.00 2,212.00 2,292.98 295.00 0.00 396.16 0.00 0.00 5.584,62 TOTAL $83,692.18 6. The judgment fonnerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the tenns ofthe Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Dare:#- Phelan Hallinan & Sc LP By: Michele M. Bradford, Esqu. Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A., slblm to Wells Fargo Home Mortgage, Inc. ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Michael E. Neumann Wanda K. Neumann, a/k/a Wanda K. Hurley Defendants No. 04-2537 Civil Term MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Defendants executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 428 South Hanover Street, Carlisle, P A 17013. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security ofthe Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. m. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiff's interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan, If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms ofthe Mortgage. IV. A'ITORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request offive percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). The provision of the Mortgage which allows the Plaintiff to recover attorney's fees in the instant action is highlighted for the court's reference. In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee often percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee often percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. MonisviIle Hampton Realty, 662 A.2d 1120 (pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. V. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments ~ 191. Stephenson v. Butts, 187 Pa.Super. 55, 59,142 A.2d 319,321 (1958), Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank. 445 Pa. 117,282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545,2 A.2d 826 (1939). Because ajudgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa, 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct ajudgmentto confonn to the facts ofa case. 257 Pa. Super. 157,390 A.2d 276 (1978). In the within case, the amount ofthe original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the tenns ofthe Mortgage, and Plaintiff has been forced to incur significant unjust tinanciallosses on this loan. VI. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on tenns of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. OATE:~ Phelan Hallinan & Schmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" .FEDElWAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ.,Id" No. 12248 LAWRENCE T. PHELAN, ES~.. Id. No. 32221 FRANCISS. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, surrn 1400 PHILADELPHIA, PA 19103 015) 563-1000 WELLS FARGO BANK, N.A., SIBIM TO WELLS FARGO HOME MORTGAGE. INC. .3476 STATEVmW BOULEVARD FORT MILL. SC 29715 ATTORNEY FOR PLAlNTIFF Plaintiff v. MIcHAEL E. NEUMANN WANDA K. NEUMANN AIKIA WANDA L HURLEY 428 SOUTH HANOVER STREET CARLISLE, PA 11013 ~AfI)-~ ATTORNEY ALE COPY PLEASE IWUI!. ~ CIVIL AcrION. LAW .. -o~ ~5!:!J roMPLAINr IN M::~GE EORECWSuRE .. _~i.. ~ .~~ You ~~ been ~ ~ooort If~ wblG do~against ~ ~'ims set rorth~&.6 . ~ ~ following pages, you must take action within twenty (20) days after this complaint and no . c;,.) i SClVCd. by entering a written appearance personally or by attorney and filing in writing with e '" court your defenses or objections to the claims set forth against you. You are warned tbat.ifyou fail to do so the case may. proCeed without you and ajudgment may be en~ against you by the court without further notice for any money claimed in the complaint or for any other olaim or reUef requested by the plaintiff Yau may lose money or property or other rights important to you. Defendant(s) .. . .~ . YOU SHOULD TAKE TInS PAPER. TO YOUR LA WYE:R ATQNCE~ IF YOU I)o . . NOTUA VB A LAWYER, GO TO OR TELEPHONE TIlE OFFICBSET FORm .BELOW. TInS OFFICE CAN PROVIDE YOU wrm iNFoRMATION ABOUT HIR:ING A LAWYER. IF YOU CANNOT AFFORP TO HIRE A LAWYER, nns OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES TIlAT MAY OFFER LEGAL SERVICES TO ELIOmLB PBRSOllJS AT A REDUCED FEE OR NO FEE. .,.~.~ ~'EDE~~ f\tt.COVi ~~~~ Lawyer Rcfcmal Service Cumbcdaod County Bar Association 32 Sootb:Bcdford StRct Carlisle, PA 17013 {800)990-9108 If' her~~c~ th.e NIthIn.to. fie a.true' and, Correct ~y Of the.. gJaIniii tied at !8COrd' FEDERMANAHD.P~ Fi1c II: 9J404 . . FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO BANK, N.A., SIBIM TO WELLS FARGO COURT OF COMMON PLEAS HOME MORTGAGE, INC. 3476 ST ATEVIEW BOULEVARD CIVIL DIVISION FORT MILL, SC 29715 TERM Plaintiff v. NO. CUMBERLAND COUNTY MICHAEL E. NEUMANN WANDA K. NEUMANN AlKJA WANDA K. HURLEY 428 SOUTH HANOVER STREET CARLISLE, P A 17013 Defendant( s) CIVll.. ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TIllS OFFICE CAN PROVIDE YOU wrrn INFORMATION ABOUT HlRlNG A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU wrrn INFORMATION ABOUT AGENCIES TIIAT MAY OFFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 Ne.h. ~.. 81At.',tCetfJfy ~tJe NlhlPkf6e a true an d coqMt-Cl9PYOf the' QIftIoal.ftIed 01 fHcord FEDERMAN AND PHELA." File #: 93404 File #: 93404 IF mIS IS mE FIRST NOTICE tHAT YOU HAVE RECEIVED FROM mIS OFFICE, BE ADVISED mAT: PURSUANT TO THE FAIR DEBT COLLECfION PRACTICES ACT, IS U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN TIDRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITIEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE TIDRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN TIDS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. PlaUntiffis WELLS FARGO BANK, N.A., S/BIM TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: MICHAEL E. NEUMANN WANDA K. NEUMANN AIKIA W ANnA K. HURLEY 428 sourn HANOVER STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 12/31/200 1 mortgagor(s) made, executed and delivered a mortgage upon the premises hereUnafter described to CHARTER ONE MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1745, Page 820. By Assignment of Mortgage recorded 8/2/02 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 689, Page 610. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is Un default because monthly payments of principal and interest upon said mortgage due 01/01/2004 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 #: 93404 Ii> 6. The following amounts are due on the mortgage: Principal Balance Interest 12/01/2003 through 06/02/2004 (per Diem $12.21) Attorney's Fees Cumulative Late Charges 12/31/2001 to 06/02/2004 Cost of Suit and Title Search Subtotal $61,693.51 2,258.85 1,250.00 127.74 $ 550.00 $ 65,880.10 Escrow Credit Deficit Subtotal 0.00 215.03 $ 215.03 TOTAL $ 66,095.13 7. The attorney's fees set forth above are Un conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act91 of 1983 because the mortgage is FHA-Unsured. WHEREFORE, PLAINTIFF demands an Un rem Judgment against the Defendant(s) in the sum of $ 66,095.13, together with Unterest from 06/02/2004 at the rate of$12.21 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. FEDE~ PH~E LIjr / /J /( By: /s/F~~' FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 93404 ~ ALL that .certain lot of ground situate in the Borough of CClrli~le;. Cumberland County, Pennsylvania, bounded and described as fol1o~s: BEGINNING at a point on the curb line of South Hanover street, ~t corner of lot now or formerly of Mrs. Levi Hertzler: thence Westwardly through the center 11n~ of the partition wall of the house on the lot hereby being conveyed and the house on the lot now or formerly of the said Mrs. Levi Hertzler, a distance of Two Hundred Forty (240) feet, more or less, to the center line of School Alley; thence Northwardly by said center line of said School Alley, a distance of twenty (20) feet; thence Eastwardly by lot of ground now or for.merly of W. A. Wetzel, a distance of One Hundred Seventy-nine (179) feet Nine (9) inches to a point at t~e center of the Western entrance to an alley-way two (2) feet six (6) inches wide, which said alley-way is between the house on the lot hereby being conveyed and the bouae on the lot, now or formerly of the said W.A. Wetzel; thence Northwardly by said lot now or for.merly of the said H. A. Wetzel, one (1) foot six (6f inches to a point in the center of the partition wall between the house hereby being conveyed and that. now or formerly of the said W.A. Wetzel; thence Eastwardly by the center line of said . partition wall, a distance of sixty (GO) feet, ~hree (3) inches; . ~ore or less, to a point on the curb line of said South Hanover Street; thenc~ SouthwaEdly by 8a~d curb line a distance of Twenty- one (21) feet six (6) inches to corner of lot no~ or for~rly of the said Mrs. Levi Hertzler, the Place of BEGINN~NG" I~... agING impro~ed with a three story-brick dwelling house kno~ as and numbered 428 South Hanover Street, and other improvements. RESERVING, HOWEVER, to the own r f th ofth@ propereyhereb "bet e 0 e lot of ground on the North ~1qht to the use of the af~;e:~~eYi~' ~is heirs and aS3igns, the l.Oches "'ide as the same is now eo a ey way, two (2) feet six (6) the said Grantors herein# their h:~;~cted an~ used in common with cha7ges and expenses which shall fr ~~d aSS1.9~S, as neCe8sary pa"~n9, repairing and clean.! Oftl~. to t1JD.e accrue in equally by the.owners.of ~ai~9 ~~e1$~id alleY-way to be shared and assigns. a )0 n~ng properties, their heirs BEING the sarne pr~ises vh' h Ch 1 hUSband and wife b deed d~c. ar es Brown and Betty A. Brown, the Office of the Iecorder~~~o:o~~er 1~, 1964 and recorded in in Deed Book 21 K Pa 622 . e s 1n an for Cumberland County Bro\tn, sinqlepe.z:~on,9;rant~:r<1~:~;~~.and cOnv~yed unto Betty A. '.' ..~:.PRDIISEs..BEniG: . .428SOum' IWIoVER" SnErr ".. .'- VERIFICA nON Yolanda Williams hereby states that she is VICE PRESIDENT LOAN DOCUMENTATION of WELLS FARGO Bank, N.A. successor by merger to Wells Fargo Home Mortgage Inc. . mortgage servicing agent for Plaintiff in this matter, that 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 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 Yolanda William ice President Loan Documentation DATE: 512 r/6'-l II. .i. \ Exhibit "B" / FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A., SIBIM TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DmSION f.l:Dl2> < . NO. 04-2537 Am RlV14tl/ ,t.J t h DFlAl~v 'VU' \ Pl/:;"!t:... T FI/" ,f.i., '/iii' " ~~CrJJi;~v v. MICHAEL E. NEUMANN WANDA K. NEUMANN AlK/A WANDA K. BURLEY Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: () r-..2 c.: g ~ Kindly enter an in rem judgment in favor of the Plaintiff and against MICH~D: ~ :;:i NEUMANN and WANDA K. NEUMANN AlK/A WANDA K. HURLEY. Defenl@fl{s) Gil f~to file an Answer to Plain~iff's Complaint wi~~ 20 days from service thereof and for F~osuts an~e of the mortgaged preInlses, and assess Plamtiff's damages as follows: ~u ~,..f{ ):;;., ::;;. o:D 7\" :x zO ~:() - om .-- c: 0 ~ ~ ~ .. As set forth in Complaint Interest from 6/3/04 to 9/1/04 TOTAL $66,095.13 $1,111.11 $67,206.24 I hereby certify that (I) the addresses of the Plaintiff and Defendant( s) are as shown above, and (2~~~t!~~RfR!~~J~f?r.;:~r:~~_~~ accordance with Rule 237.1, copy attached. u(: FRANK FEDERMANt. ESQUIRE Attorney for Plaintiff DAMAGES ARE, ,HE, REBY ASSESSED AS INDICA, TED. ~ DATE: ~ J.CUf (1,-iM. ~ J2 . , PRO PROTHY Exhibit "c" UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Michael Edward Neumann Wanda Kay Neumann a/k/a Wanda Kay Hurley CHAPTER 13 Debtors Wells Fargo Bank, N.A. Successor by Merger to Wells Fargo Home Mortgage, Inc. f/k/a Norwest Mortgage, Inc. BANKRUPTCY NO. 1-04-bk-07230 MDF Movant v. Michael Edward Neumann a/k/a Michael E. Neumann Wanda Kay Neumann a/k/a Wanda K. Neumann a/k/a Wanda K. Hurley a/k/a Wanda Kay Hurley and Charles J. DeHart, III, Esq., Trustee Respondents ORDER MODIFYING SECTION 362 AUTOMATIC STAY Upon Considemtion of the Motion of Wells Fargo Bank, N.A. Successor by Merger to Wells Fargo Home Mortgage, Inc. Ukla Norwest Mortgage, Inc. (Movant), and after Notice of Default and the filing of a Certification of Default, it is: ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as provided by 11 U.S.C. 362 is modified with respect to premises, 428 South Hanover Street, Carlisle, PA 17013, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED AND DECREED THAT: Rule 4001(a)(3) is not applicable and Wells Fargo Bank, N.A. Successor by Merger to Wells Fargo Home Mortgage, Inc. Ukla Norwest Mortgage, Inc. may immediately enforce and implement this Order granting Relief from the Automatic Stay. By the Court, ~~~ Dated: February 9,2006 This electronic order is signed andfited on the same date. VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. DATE:#- By: ~an Hallinan & 'rh~iog, LL23 Michele M. Bradford, Esquire Attorney for Plaintiff . PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. LD. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A., s/b/m to Wells Fargo Home Mortgage, Inc. A TIORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Michael E. Neumann Wanda K. Neumann, a/k/a Wanda K. Hurley Defendants No. 04-2537 Civil Term CERTIFICATION OF SERVICE I hereby certify that true and correct copies ofPlaintitl's Motion to Reassess Damages and Brief in Support thereof were sent to the following individuals on the date indicated below. Michael E. Neumann Wanda K. Neumann, a/k/a Wanda K. Hurley 428 South Hanover Street Carlisle, PAl 7013 DATE:4Ut1~ Michele M. Bradford, Esquire Attorney for Plaintiff " . (1 t.......,') C) il =' r:l ....,..... -......1 r..) ~ T; (. ) r - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A., SIBIM TO WELLS FARGO HOME MORTGAGE, INC Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DMSION MICHAEL E. NEUMANN WANDA K. NEUMANN AlKlA WANDA K. HURLEY Defendant( s). NO. 04-2537 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL G. SCHMIEG, ESQUIRE, attorney for WELLS FARGO BANK, N.A., SIBIM TO WELLS FARGO HOME MORTGAGE, INC hereby verifies that on JUNE 15, 2006 true and correct copies of the Notice of Sheriff's Sale were served by certificate of malling to the recorded Iienholder(s) and any known Interested party. ~v.-,';' D L G. SCHMIEG, ESQUIRE Attorney for Plaintiff Date: JULY 26, 2006 IMPORTANT NOTICE: This property is sold at the direction ofthe plaintiff. It mav not be sold in the absence of a renresentative of the nlaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. i ... u - - - - - [i V> ... Vol N - "'0 '<~ ~ - ~ o ~ ~ ~ ~ ~ ~ W N _ S' " n e; [:z g ;J &; is. t"'" H l'1 I ~ ~ ~ ! ~ ~ ~ j ~ ~ ~ f i': Ed d ;. ~ 0 0 I!. . "'l Z II'" ,I:l. ~ CI1 _ ~ ~ ~ f ~ ~ ~ i ~ ~ ~ ~ ~ () ~ ~ ~ .~ z :... () ..., Vol ~ ~ a VJ ~ ~ ~ ~ ::I: ~ i ~ ~ 2l ~ Vol tl:l :>l ~ ~ ll( !l1 ..u: ,,~ ii 2 h '" if ~ ! ~ i ... ~. i:i~.lf=l S8i.~;r ~~~~~ ~1.Hf ~ ....o~. i~is~ fUU ~ e,li~ it ~ h 18 ~J~li th~ !I,~I. h - ~l i. uH lig . ~~~ fUI: I,.il ~ 8'll (o.n i ~ tl:l !;; ~ ;, . > ~ ~ - - ..... Vol - o V> s: n i' z c 3 CT CD ... Q>Z ~~~ = lP .. tf2= .. '" >-tl-O>-tl a:~6"::X= e-.Jotr.l li'.....>-tlt'"' -g:g.~~ ;;.;z1 ~ ~ ~~!i~ GlaSE 0,< <:n > ~g'[Z ~e.~~ ~~<:n'" ~:I.~ ~ s. ~ It Cl - . ",'" t'"' g8 t-< o ~ ~ /. ~. .~. ,rsPOsl-~ frfItM:-.fIQ~..\ \.. ..: el'..'r__---~~... ."'IJf;S/ \ ...~ ""V -.-....... ~.~.-. _NflI' .02 1A $ 00.950 2..006", . " '" . 0004309825 JUN15 ~_~ MAlLEOFROMZlPCODE 19103 ~ DtBI A .~~~ . I I I I I I I I I H .- -) -n :~ c,) -C' "'J' c.~~ Wells Fargo Bank, N.A., s/b/m to Wells Fargo Home Mortgage, Inc. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. Michael E. Neumann, Wanda K. Neumann, a1k1a Wanda K. Hurley Defendants : 04.2537 CIVIL ORDER OF COURT AND NOW, this 1st day of August, 2006, upon consideration of the foregoing petition, IT IS HEREBY ORDERED AND DIRECTED that: 1. Pursuant to Pa.R.C.P. No. 206.5, a rule is issued upon the defendants to show cause why the plaintiff is not entitled to the relief requested; 2. The defendants will file an answer to this petition on or before August 21, 2006; 3. A copy of said answer will be filed with this Court; 4. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted. If the Defendants file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. By the Court, ~~ Michele M. Bradford, Esquire Attorney for Plaintiff/Petitioner A.chael E. Neumann Wanda K. Neumann, a/k/a Wanda K. Hurley ~ Defendants M~"~~ bas ,ltJ O~{)g. . ,.. 1\-1 \ \ :)1 \.: ~[)<\\I. ,~"(\~ ~'"~ \ . r<\~. .. .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHELAN HALLINAN & SCHMIEG by: MICHELE M. BRADFORD, Esquire Atty. I.D. No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Wells Fargo Bank, N.A., slb/m to Wells Fargo Home Mortgage, Inc. Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Michael E. Neumann Wanda K. Neumann, alk/a Wanda K. Hurley Defendants No. 04-2537 Civil Term CERTIFICATION OF SERVICE I, MICHELE M. BRADFORD, Esquire, hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of August 21, 2006 has been served upon the following persons: Michael E. Neumann Wanda K. Neumann, alk/a Wanda K. Hurley 428 South Hanover Street Carlisle, PA 17013 PHELAN HALLINAN & SCHMIEG, LLP U Date: 8 8 e4P By: Michele M. Bradford, Esquire Attorney for Plaintiff g ::?\~ 'Ztl~ zr,: cq<t; -'0:', !2' ~Cj 5~ ,..., 1S <:T" ~ C") I u:> ~ u:> ., (..\'\ ....I ~ ~~ ~i ~:B %g "'l ~ , PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A., slblm to Wells Fargo Home Mortgage, Inc. Attorney for Plaintiff Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Michael E. Neumann Wanda K. Neumann, a/k/a Wanda K. Hurley Defendants No. 04-2537 Civil Term MOTION TO MAKE RULE ABSOLUTE Plaintiff, Mortgage Electronic Registration Systems, Inc., by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Case absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is The Plaintiff in this action. 2. A Rule was entered by the Court on August 1, 2006 directing the Respondents to show cause why the Motion to Reassess should not be granted. A true and correct copy of the Rule is attached hereto, made apart hereof, and marked Exhibit "A". 3. The Rule to Show Cause was timely served upon all parties on August 8, 2006 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certification of Service of the rule is attached hereto, and made a part hereof, and marked Exhibit "B". 4. Respondents failed to respond or otherwise plead by the Rule Returnable date of August 21, 2006. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff Mortgage Electronic Registration Systems, Inc.'s Motion to Reassess Damages. ~ PHELAN HALLINAN & SCHMIEG, LLP Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A., slb/m to Wells Fargo Home Mortgage, Inc. Attorney for Plaintiff Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Michael E. Neumann Wanda K. Neumann, a/k/a Wanda K. Hurley Defendants No. 04-2537 Civil Term BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on July 26, 2006. A Rule was entered by the Court on August 1, 2006 directing the Respondents to show cause why the Motion to Reassess Damages should not be granted. (See Exhibit "A".) The Rule to Show Cause was timely served upon all parties on August 8, 2006 in accordance with the applicable rules of civil procedure. Respondents failed to respond or otherwise plead by the Rule Returnable date of August 21, 2006 upon the Defendants. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEG, LLP Michele M. Bradford, Esquir Attorney for Plaintiff Exhibit "A" Wells Fargo Bank, NA, s/b/m to We~ Home Mortgage, Inc. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Michael E. Neumann, Wanda K. Neumann, a/k/a Wanda K. Hurley Defendants : 04-2537 CIVIL ORDER OF COURT AND NOW, this 1st day of August, 2006, upon consideration of the foregoing petition, IT IS HEREBY ORDERED AND DIRECTED that: 1. Pursuant to Pa.R.C.P. No. 206.5, a rule is issued upon the defendants to show cause why the plaintiff is not entitled to the relief requested; 2. The defendants will file an answer to this petition on or before August 21, 2006; 3. A copy of said answer will be filed with this Court; 4. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted. If the Defendants file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. By the Court, M.~e:\.~~ Michele M. Bradford, Esquire Attorney for Plaintiff/Petitioner Michael E. Neumann Wanda K. Neumann, a/k/a Wanda K. Hurley Defendants bas iit!IIIi C:;~'1 0 Y Exhibit "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHELAN HALLINAN & SCHMIEG by: MICHELE M. B~FORD, Esquire Atty. I.D. No. 698~ One Penn Center Plaza, Suite 1400 Philadelphia, P A 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Wells Fargo Bank, N.A., s/b/m to Wells Fargo Home Mortgage, Inc. JIi:a' .. .~. . ~ - r(';.. r ~r-~--'-' w., : ~P~~~r: -~1;' ._ Plaintiff : Civil Division _, ~"~-.-,......,..,... ...~......,.-.--.._~ vs. Cumberland County Michael E. Neumann Wanda K. Neumann, a/k/a Wanda K. Hurley Defendants No. 04-2537 Civil Temo ~ c = s:: cr- '"U co > mrn c::: z"- G'? 21": en )> J:, -<~,- ~c ~C ~ )>L) C \D Z I, MICHELE M. BRADFORD, Esquire, hereby certify that a true and correct copy ~ o~ Motion to Reassess Damages noting a Rule Return date of August 21, 2006 has been served upon the following persons: CERTIFICATION OF SERVICE Michael E. Neumann Wanda K. Neumann, a/k/a Wanda K. Hurley 428 South Hanover Street Carlisle~ P A 17013 Date: 8 8 &1P ... ,I.. 'l.-~-..;''''' .".. ".-. . --.......__.. c.~- ~ T.J:>. __.~ . AlT,p8N1i!li.~ CO. py PLLu~~&~~EG,LLP ~~..~.; IJT.R' ---;::.)""m'f''l:' - Michele M. Bradford, Esquire Attorney for Plaintiff - ~I'>>" r ~ o -n -I ::r: nl ." -oM; :oy 86 --Jl 0:D ,?-O am ~ -< VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff, in this action, that she is authorized to take this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. 94904 relating to the unsworn falsification of authorities. 6(~ Date Michele M. Bradford, Esquire C Attorney for Plaintiff , . . PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A., s/b/m to Wells Fargo Home Mortgage, Inc. Attorney for Plaintiff Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Michael E. Neumann Wanda K. Neumann, aIkIa Wanda K. Hurley Defendants No. 04-2537 Civil Term CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Motion to Make Rule Absolute and Brief in Support thereof was served upon the following interested parties via first class mail on the date indicated below: Michael E. Neumann Wanda K. Neumann, aIkIa Wanda K. Hurley 428 South Hanover Street Carlisle, P A 17013 8J~Wv Date Michele M. Bradford, E Attorney for Plaintiff c' ~ ""'., c: ~) 2i~ o -n -1 011. :T) I ;:; {~ c....) en \.1.) , PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. LD. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A., slb/m to Wells Fargo Home Mortgage, Inc. Attorney for Plaintiff 5 SEP 0 1 2006 ~ Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Michael E. Neumann Wanda K. Neumann, a/k/a Wanda K. Hurley Defendants No. 04-2537 Civil Term ORDER t" AND NOW, this B day of S~~\. ,2006, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Respondents shal\ be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED; and the Prothonotary is ordered to amend the judgment as fol\ows: Principal Balance Interest Through 9/6/06 Per Diem $12.14 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/BPO MIP/PMI NSF Suspense/Misc. Credits Escrow Deficit $61,342.28 9,906.78 162.36 1,500.00 2,212.00 2,292.98 295.00 0.00 396.16 0.00 0.00 5,584.62 TOTAL $83,692.18 Plus interest through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BYT~C:'r ~ ~ \\ . y. q-~-o~ ~.~ (jl/$ ", '. \ \ 1. .:\ : ' t\ --- "> Wells Fargo Bank, N.A., slb/m to Wells Fargo Home Mortgage, Inc. VS Michael E. Neumann and Wanda K. Neumann alk/a Wanda K. Hurley In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-2537 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriffs Costs: Docketing Surcharge Prothonotary Poundage Postpone Sale Advertising Levy Posting Handbills Mileage Share of Bills Patriot News Law Journal 30.00 30.00 1.00 1,682.10 20.00 15.00 15.00 15.00 8.80 19.34 410.00 467.00 $2,713.24 ./ 'Dj/r/ot, Cf- So Answers: ~~~~~ BY J{) dL( S wCCt~ Real Estate Sergeant I,v-O ~ 5SCJf}o ~ /f'l!Jf3 . ( WELLS FARGO BANK, N.A., S/B/M TO WELLS. FARGO HOME MORTGAGE, INe. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION MICHAEL E. NEUMANN WANDA K. NEUMANN AIKIA WANDA K. HURLEY NO. 04-2537 Defendant( s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) WELLS FARGO BAN~ N.A.. SIBIM TO WELLS FARGO HOME MORTGAGE. INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .428 SOUTH HANOVER STREET. CARLISLE. P A 17013 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHAEL E. NEUMANN 428 SOUTH HANOVER STREET CARLISLE, PA 17013 WANDA K. NEUMANN A/KJ A WANDA K. HURLEY 428 SOUTH HANOVER STREET CARLISLE, P A 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None t ~ 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known 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 Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 428 SOUTH HANOVER STREET CARLISLE, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 267S Harrisburg, PA 1710S 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. Sec. 4904 relating to unsworn falsification to authorities. May 30. 2006 DATE ~ A. LQ.......~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff " , ." WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, CUMBERLAND COUNTY No. 04-2537 v. MICHAEL E. NEUMANN WANDA K. NEUMANN AfKJA WANDA K. HURLEY Defendant(s). May 30, 2006 TO: MICHAEL E. NEUMANN WANDA K. NEUMANN AIKIA WANDA K. HURLEY 428 SOUTH HANOVER STREET CARLISLE, PA 17013 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, 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. 428 SOUTH HANOVER STREET. CARLISLE. PA 17013. is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 6. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $67.206.24 obtained by WELLS FARGO BANK. N.A.. S/BIM TO WELLS FARGO HOME MORTGAGE. 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 Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (21S) S63-7000. 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. -- .. , p You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as ifthe sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days ofthe sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE I ALL THAT CERTAIN lot of ground situate ii't the Borough of Carlisle,; CUmberland County. Pennsylvnnia. bounded ~d described as folJows: BEGINNING at a point on the curb line of Soulb Hanover Street, at comer of lOt now or formerly of Mrs. Levi Hertzler; thence Westwardly through the center line of the partition wall of tbe house on the lot hereby being conveyed and the house on the lot now or formerly of the said Mrs. Levi Hert7Jer, a distance of two hundred forty (240) feet, more or less, to the center line of School Alley; d1enoe Northwardly by said center line of said School Alley, a distance of twenty (20) feet; tbeoce Eastwardly by Jot of ground now or formerly ofW. A. Wetzel, a distance of one hundred 8CVenty-nine (179) feet nine (9) inches to a point at the center of the Western entJ'aJU to an aJley-way two (2).feet six (6) inches wide, which said alley-way is between the house on the lot hereby being conveyed and the house on the lot, now or formerly of tbe said W. A. Wetzel; tbence Nonhwardly by said lot now or formerly of the said W. A. Wetzel, one (1) root six (6) inches to a point in the center of the partition waD between the boose hereby bdng conveyed and that now or fonnerly of the said W. A. Wetzel; thence Eastwardly by the center line of said partition wall. a distance of sixty (60) feet, three (3) inches, :more or less. to a point on the curb line of said South H~r Street; thence Southwardly by said curb line a distance of twenty-one (21) feet six (6) inches to comer of lot now or formerly of the said Mrs. Levi Hemler. the place of beginning: BElNG improved with a three story-brick dwelling house known as and lllUllbered 428 Sooth Hanover Street, and other improvements. RESERVING. HOWEVER, 10 the owner of the lot of ground on the North of the property hereby beiBg conveyed. his heirs and assigns. the rigbt to the use of the aforesaid alley-way, two (2) feet six (6) inches wide as the same is now constructed aDd used in common with the said Grantors herein, their heirs and assigns, asnece.ssary charges and expenses which sbaU from time to time .acctIIe in paving, repairing and cleaning the said alley-way to be shared equally by the owners of said adjoining propenies, their heirs and assigns. 'ITI'LE TO SAID PREMISES IS VESTED IN Michael E. Neumaoo aDd Wanda K. Neumann, his wife, by I>tut from Betty A. Brown, single person, datcxl12l3112001 and recorded 1/412002 in Record Book 249. Page 4523. Tax Parcel #M-22..()4S3-056 WRIT OF EXECUTION and/or ATTACHMENT .., COMMONWEALTH OF PENNSYLVANIA). COUNTY OF CUMBERLAND) NO 04-2537 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., Plaintiff (s) From MICHAEL E. NEUMANN AND WANDAK. NEUMANN A/K/A WANDAK.HURLEY (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) Ifproperty 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 $67,206.24 L.L. Interest FROM 9/2/04 TO 9/6/06 (PER DIEM - $11.05) - $1,121.75 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $1262.48 Other Costs ~ Plaintiff Paid Date: MAY 31,2006 (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPIDA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 ~ @) c::=:::I ~ l'!::!!::, (~ Real Estate Sale # 87 On June 08, 2006 the Sheriff levied upon the defendant's interest.mthe real property situated in Carlisle Borough, Cumberland County, P A Known and numbered as 428 South Hanover St., Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 08, 2006 By: ~c5-vvu1h Real Estate Sergeant bS :01 'V l- NOr qODl ,. '^Hl\lO~l ONiflcl38r!I\J >JtmBHS 3H1 30381330 REAL ESTATE SALE NO. 87 Writ No. 2004-2537 Civil Wells Fargo Bank. N.A., s/b/m to Wells Fargo Home Mortgage, Inc. vs. Michael E. Neumann and Wanda K. Neumann a/k/a Wanda K. Hurley Atty.: Daniel G. Schmieg ALL THAT CERTAIN lot of ground situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the curb line of South Hanover Street. at corner of lot now or formerly of Mrs. Levi Hertzler; thence West- wardly through the center line of the partition wall of the house on the lot hereby being conveyed and the house on the lot now or formerly of the said Mrs. Levi Hertzler. a dis- tance of two hundred forty (240) feet. more or less. to the center line of School Alley; thence Northwardly by said center line of said School Alley. a distance of twenty (20) feet; thence Eastwardly by lot of ground now or formerly of W. A. Wetzel. a distance of one hundred seventy- nine (179) feet nine (9) Inches to a point at the center of the Western entrance to an alley-way two (2) feet six (6) Inches wide, which said al- ley-way is between the house on the lot hereby being conveyed and the house on the lot, now or formerly of the said W. A. Wetzel; thence North- wardly by said lot now or formerly of the said W. A. Wetzel, one (1) foot six (6) Inches to a point In the cen- ter of the partition wall between the house hereby being conveyed and that now or formerly of the said W. A. Wetzel; thence eastwardly by the center line of said partition wall. a distance of sixty (60) feet. three (3) Inches, more or less, to a point on the curb line of said South Hanover Street; thence Southwardly by said curb line a distance of twenty-one (21) feet six (6) Inches to corner of lot now or formerly of the said Mrs. Levi Hertzler, the place of beginning. BEING improved with a three story-brick dwelling house known as and numbered 428 South Hanover Street, and other improve- ments. RESERVING, HOWEVER. to the owner of the lot of ground on the North of the property hereby being conveyed. his heirs and assigns. the right to the use of the aforesaid al- ley-way, two (2) feet six (6) inches wide as the same Is now constIucted and used In common with the said Grantors herein, their heirs and assigns, as necessary charges and expenses which shall from time to time ~ccrue In paving. repairing and cJeanmg the said alley-way to be sh~ equally by the owners of said adjoining properties. their heirs and assigns. TITLE TO SAID PREMISES IS VESTED IN Michael E. Neumann and Wanda K. Neumann his wife by Deed from Betty A. Bro~, SingJ~ person, dated 12/31/2001 and re- corded 1/4/2002 In Record Book 249, Page 4523. Tax Parcel #04-22-0483-056. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA 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: July 21, July 28, and August 4,2006 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. TO AND SUBSCRIBED before me this day of August. 2006 NOTARIAL SEAL LOIS E. SNYDER, Notary Public l' Carlisle Boro, Cumberland County j ~~,~m~~~?.?.~~~~:~_~r.::.~~~~~ . 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller 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 smce; 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 in the 19th and 26th day(s) of July and the 2nd day(s) of August 2006. That neither he 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 he 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 S ALE #87 J CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A. 17013 ':"