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Home My WebLink About10-1670BLED-C-?-- .iCIE OF THE' PROTHONOTARY 2010 MAR -9 Psi 2: 33 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 ATTORNEY FOR PLAINTIFF Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 232036 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD COURT OF COMMON PLEAS FORT MILL, SC 29715 CIVIL DIVISION Plaintiff V. TERM KRISTIE L. TORRES NO. 10 -1(o-76 0'1V1 I`Fm ORLANDO TORRES 2725 ARCONA ROAD CUMBERLAND COUNTY MECHANICSBURG, PA 17055-5904 Defendants C',IVIT, ACTION - i.AW C OMPI.AINT IN MORTGAGF, F0RF.("1,0S11RF, 0 -*qa• Op p o A-rW e?? ?pI oio? File #: 232036 ?0?4 c?a3 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 232036 1. Plaintiff is WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: KRISTIE L. TORRES ORLANDO TORRES 2725 ARCONA ROAD MECHANICSBURG, PA 17055-5904 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/26/2008 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Instrument No. 200838775. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 232036 6. The following amounts are due on the mortgage: Principal Balance $161,398.73 Interest $5,431.86 09/01/2009 through 03/08/2010 (Per Diem $28.74) Attorney's Fees $650.00 Cumulative Late Charges $152.85 11/26/2008 to 03/08/2010 Property Inspections $31.25 Mortgage Insurance Premium / $144.20 Private Mortgage Insurance Costs of Suit and Title Search $550-00 Subtotal $168,358.89 Escrow Credit $0.00 Deficit $100.79 Subtotal $1510.74 TOTAL $168,459.68 7 8. Plaintiff is not seeking a judgment of personal liability (or an in nersr onam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 232036 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 $168,459.68, together with interest from 03/08/2010 at the rate of $28.74 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence elan, Esq., No. 32227 ? Francis . Hallman, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 Jay ones, Esq., Id. No. 86657 er J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 232036 LEGAL DESCRIPTION ALL that certain tract of land situate in the Township of Upper Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the center line of the public road known as the Mill Road, said point being three hundred and five (305) feet in a northerly direction from land of Martin L. Myers; thence south 81 degrees 15 minutes east along land of Earl Hoffman and Sarah Hoffman, his wife now or about to be conveyed to L. E. Baker, two hundred eighty-eight (288) feet, more or less, to a point; thence north 0 degrees 45 minutes east along land of same one hundred (100) feet to a point; thence north 81 degrees 15 minutes west along other land of Earl Hoffman and Sarah Hoffman, his wife, two hundred eighty-eight (288) feet, more or less, to a point in the center line of the Mill Road aforesaid; thence along the center line of said road south 0 degrees 45 minutes west one hundred (100) feet to a point, the place of BEGINNING. UNDER AND SUBJECT, NEVERTHELESS, to the following reservations and restrictions: 1. No building of any sort shall be erected or maintained within sixty (60) feet of the center line of the public road. 2. No dwelling shall be erected which shall cost less than Six Thousand ($6,000.00) Dollars above the foundation. File #: 232036 3. No second hand material shall be used which shall be exposed to the weather. 4. There shall be no selling or manufacturing of any commodity upon the premises. 5. No building of any sort shall be erected within ten (10) feet of any common property line. 6. No hog pen, chicken house or other building to be used for obnoxious purposes shall be erected within one hundred and fifty (150) feet of the public road. PARCEL NO. 42-30-2120-033 PREMISES: 2725 ARCONA ROAD, MECHANICSBURG, PA 17055-5904 File #: 232036 The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. DATE: File #: 232036 SHERIFF'S OFFICE OF CUMBERLAND COUNTY ,I Ronny R Anderson Sheriff ? Jody S Smith , Chief Deputy:, 21 Edward L Schorpp Solicitor OFFICE -4 : ?SF;:If?' r - !'.,i?"?'• Wells Fargo Bank, NA vs. Case Number Orlando Torres (et al.) 2010-1670 SHERIFF'S RETURN OF SERVICE 03/11/2010 07:32 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on March 11, 2010 at 1925 hours, he served a true copy of the within Complaint in Mortg Foreclosure, upon the within named defendant, to wit: Orlando Torres, by making known unto himsel per onally, at 2725 Arcona Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its co nts nd t the same time handing to him personally the said true and correct copy of the same. 1 / ll" "I S N, DEPUTY 03/11/2010 07:32 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on March 11, 2010 at 1925 hours, he served a true copy of the within Complaint in Mortga Foreclosure, upon the within named defendant, to wit: Kristie L. Torres, by making known unto h elf a sonally, at 2725 Arcona Road, Mechanicsburg, Cumberland County, Pennsylvania 1705 it o to s and at theisame time handing to her personally the said true and correct copy of the sa e. DEPUTY SHERIFF COST: $53.00 March 12, 2010 SO ANSWERS, 2-"_"`_- _6z RON R ANDERSON, SHERIFF (cj CountySuito Sheriff Telec5ott (nc. ,. ~,~- -,~ ~, . ~rN yr Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, NA vs. KRISTIE L. TORRES ORLANDO TORRES i C,l~~`v .~-iV t Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-1670 CIVIL TERM `3~r~31 ~,Qafd<cs 6t~~°lp~ PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against KRISTIE L. TORRES, and ORLANDO TORRES, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $168,459.68 Interest - 03/09/2010 to 04/17/2010 $1,149.60 TOTAL $169,609.28 I hereby certify that (1) the Defendant's last known address is 2725 ARCONA ROAD, MECHANICSBURG, PA 17055-5904, and (2) that notice has be iven in accordance with Rule 237.1, copy attached. 1 Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS 1NDICAT DATE: y.,~.a ~d ~ PHS # 232036 PROTHONOTARY Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, NA vs. CUMBERLAND COUNTY COURT OF COMMON PLEAS KRISTIE L. TORRES ORLANDO TORRES CIVIL DIVISION No. 10-1670 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she 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 it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant KRISTIE L. TORRES is over 18 years of age and her last known residence is 2725 ARCONA ROAD, MECHANICSBURG, PA 17055-5904. (c) that defendant ORLANDO TORRES is over 18 years of age and his last known residence is 2725 ARCONA ROAD, MECHANICSBURG, PA 17055-5904. This statement is made subject to the penalties 8 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~ U Lawrenc~=f 'Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Je 'ne R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff (Rule of Civil Procedure No. 236) -Revised WELLS FARGO BANK, NA vs. KRISTIE L. TORRES ORLANDO TORRES CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-1670 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on 'T - ~-~ ' /U By: C If you have any questions concerning this matter please contact: ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheet 1 R. Shah-Jani, Esq., Id. No. 81760 ^ Je e R. Davey, Esq., Id. No. 87077 ^ auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * 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 PREi~IOUSLYRECEIVED A DISCHARGE INBANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** WELLS FARGO BANK, NA v. Plaintiff COURT OF COMMON PLEAS CNIL, DNISON NO. 10-1670 CIVIL TF,RM KRISTIE L. TORRES ORLANDO TORRES Defendant(s) TO: ORLANDO TORRES 2725 ARCONA ROAD MECHANICSBURG, PA 17055-5904 DATE OF NOTICE: April 1, 2010 CUMBERLAND COUNTY THIS FIIZM 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 RECENED 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. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE 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 MAY BE 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. PHS # 232036 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. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR CARLISLE, PA 1 "7013 (717) 249-3166 LRw1GI1GG 1 . rllGl[tll, DJI.~., lU. 1V U. JGGG / Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Shee .Shah-Jani, Esq., Id. No. 81760 J me R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, PA 19103 ASSOCIATION CUMBERLAND COUNTY COURTHOUSE ~ 2 LIBERTY AVENUE PHS # 232036 WELLS FARGO BANK, NA COURT OF COMMON PLEAS CNIL DNISON Plaintiff v KRISTIE L. TORRES ORLANDO TORRES 'Defendant(s) TO: KRISTIE L. TORRES 2725 ARCONA ROAD MECHANICSBURG, PA 17055-5904 NO. 10-1670 CNIL TERM CUMBERLAND COUNTY DATE OF NOTICE: April 1, 2010 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU TN 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 RECENED 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. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE 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 MAY BE 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. PHS # 232036 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. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717)240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: W ~..r_~' wrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Jud'th T. Romano, Esq., Id. No. 58745 S etal R. Shah-Jani, Esq., Id. No. 81760 enine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallman &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 232036 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NA Flaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS ~ ~ '-' CIVIL DIVISION - ~~~ -Y~ KRISTIE L. TORRES : ,-, ~~ c° ; ,; _._ ORLANDO TORRES No. 10-1670 CIVIL TERM;'' s -c v .r Defendant(s) T. ~ ..:~ ~~. - k AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 t_ ;_ ~ _... ~' COMMONWEALTH OF PENNSYLVANIA ) ~ .-.. ~ - { PHILADELPHIA COUNTY ) _ SS: ~ As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) or rtified Mail Return Receipt stamped by the U.S. Postal Service is attached eto i "A". Date: U Lawre T. P n, Esq., Id. No. 32227 ^ Franc' a linan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheeta .Shah-Jani, Esq., Id. No. 81760 ^ Jen' R. Davey, Esq., Id. No. 87077 ^ uren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, F,sq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., ld. No. 61791 ^ Andrew L. Spivack, Fsq., ld. No. 84439 ^ Jaime McGuinness, Esq., ld. No. 90134 ^ Chrisovalante P. Fliakos, Esq., ld. No. 94620 ^ Joshua 1. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff 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. PHS # 232036 s Addr •~ ~ ess rueeau nauman a JCnmIE& LLt' 1617 JPK Boulevard, Suite 1400 Of Su nder O~ p~ ~~ ply Line Article Number Philade PA 19103 JOT/ALE Name otAddreatse St sad Post Otflce Address 1 ""* TENANT/OCCUPANT 2723 ARCONA ROAD MB.CHANICSBURC PA 17035-5904 2 """• Domeatis Relations of Cumberland County 13 North Hanover Street Carlin PA 17013 3 "** Commonwgith of Pennaylvaaia Department of Welfare P.O. Box 2675 Harritba PA 17105 4 "'" Uaked 3Mtp Internal Revenue Special Proeedara Bnach Fedented Ltvestora Tower 13td Floor, Sane 1300 1001 Liberty Avenue Pkbbu 6 PA 15222 5 "`"" U.S. Department of Jaatics U.S. Attornsy for the Middle District of PA Fedenl Building, P.O. Box 11754 228 Walnut Street Harrisbu PA 17108 6 Commonwealth of Pennsylvsaia, Bureau otIndivtdual Tax, ; Inberitsnce Tax Division ~ 6"' Floor Stnwber S . • D t 28061 Harrlsbu PA I71 Internal Reveaae Service Fedentsd Investors Tower 13~ I?loor, Suite 1300; 1001 Liberty Avenue Pitisbu PA 15222 8 Department ofPoblic Welfare y;, TPL Casnaity Unlt; Estate Recovery Program P.O. Box 8486; Wllbw Oak Building o ~n Il.:il ~ a ~g o ~~ a m~ r n LL '~ v ~~ [(.~~~~~~~~~ N p rle~al :O O 2 Pieces UaM by Sender (~oeiw;d N Pok.pnke `°e°O~• rw (Weer of - 'lbe full deeknuien of wWs4 as Reodvine fmploya) for eh¢,eeouetruetio„ of oatpgpk doawaw order kmmMkaW ro~iamed mdL 7Le wxluwm iud.muih Wnbk pine > k ^ dmY offi00,o90 per ooaureuue. 7Le ewu'mim l~udaarjy puyyk10C0~"~0A ~quramea b fsoA00 ar 7Le meximom ~pY Pge~k ie 125,000 br,etirtKad mail, esm wpb opionl See Domenic Moil Muuwl~. R900 $913 eed 3921 ~r Ii,i,Y.,.,....a....__ AFFYDAYIT OR SBRVICI~ -~ p~ G'~JMBl~.A14D COUi~C'1'Y VUlgY,)uS FARGO DANK, NA 'PAS # 1,~20Ci6 p~BSNrfAN"1' ~raw~a~=`~ IC1D$TIB L. Tt?IR1tES ol~.Arrno ro>~ co>~rr NOS ~az~ro civic. ~aiK SKRYS I~rS'C!6 Y..'Y'UBRB~i A'li: 'FYFB 0>~ ACl'ION 272 AItCONA ROAD RZ Na~Ce a[ Shaei~'a+ Sale b~CHANIC8BIJR~, FA 155-S90d SAY.B DATBa 0l~014 Semd aad abide Imatvn to KRI L,_,..T -. be~eadant on ~he?„~`'dey ot~ 20 I ~ ~ at r~ ~'~- o'clock ~. M, at~'lzS tea„ in the a4a~nar dexn'bed below: t- ~:~ rietendant persore~AY aervod. MF,e+lA~s9~~? , ;- G ~-, ,,[ Aduh fam~y membp, r~w,i'th whom Defec~i~nt(e} reside(3}. ~ . R,tlatiamship ~? ~D _ Q v i~ Adult;o c~gG dDe£aadem': roei~deaoe who refueaE to give Hama a nd.tioaehip. _ 6- ~ ~. ~ti of p1roE of lo~isg im which mss) ratide(s?. ' - Agent ar pereun;n Aga at De~nde~t's ol8ce a utotl place of btxdneaa. ~ T ' fro aitdoer of aaia Detendaat?e campiny. ~ - ~ r .., ,~ m_ ~'. ~~_ .,_.~~ w~~R~...~ sex Jtn ode ~ ~ A~ ~>ti , a caaspesan adult. bung duly avvam aGaaQding bo ]aa. depae sad state dial i AetaoosllY handed a true snd eairtat oapp of the I~iotiae of St~erifPs Sale is Wt meatee as se< tiatdt iswain, iss+ted in the capoioaed c~At o®the deft and at the addt+ea~ indicated obo~-e. ~i -, Swvra tc and subsrxibed bef~ me this ~Oe` dry of~~ 2Q,~o K1MIiERLY CURTY No gx; ~~~'~t Nl3TARY PU9LiC STAfE GF1`+EW ,iERSEY NO'C S1~VKD MY COMMISSION EXi'IRES MARCH 7, 2013 7A . Rt ,_,~ o'clock _ lri.~ Defendant eca~~e: - _, Vapnr _ Address ~ Moved ,,,_ Does Not Reside (I+lat Vacant) _ Na Atrswer ` Sexvice Uq~er; Swam cu and sub®cribed befiose me this day of ~_, i3y: Ntdary: WB1,18 FI-gG0 $AIYIC, NA AFFXDAVIT OF SERVYC~ tSBY.AI FQ4 ~ 23~03ti 1aEFF1~Dl1I~'r ~fLR lll5 Tt+Lll~[ ZIOC ~ ~~~~ OBI.ANDiO Tt?1i1tR.S COU1tT NO.:141670 CIVIL. TBX!'k1 BI;RVS OItIANDO'I~UBBFB AT: 'I'YPB Olt' ACTION 2T25 AAOtk]A LOAD SX 1+6a~ee a~s~el~'a Sale MSCHAI~LC5BI1xG, pA 1'r05.i.~'9904 SALE DATA: fl9t~~Di~ ~ q` Served and aaede kawvn to ~ ^~ petaodent oa the day o[ ~ /~~ 20 (D , u s 3: / ~ . o~lock ~. Ivf.. at is daa maey~er deacn'bed below: t7 ° !`~a ~ );~adeatt pecsartdly sem~d. ~~ncs pnrp~.~ ,A ~_-_ ~~~ adu]c fam~'ly member with w6atn nefemsngs) reside(s). C "F- T~ationehig is _ ~ i.~ _„ Adak in chat o~tDeitradttrk"s trlidemoe who refused a giivs dame aa~ rdatranitip. ~ .._. ~ of pisx oe wd~ la alyidt ne~aA.a=1 ~aaeca~. ~ , el~ern ctr person in clnuge odrD~efeadtmr's a[t9ee or uwal piaae d he:itreas. ~ ` 'd an odlticct of s~ axnpmay- ~' _~= ~ ~ .- ~ ~~af'b[.h ~/Ld Lt., a oootpdanc adµly b~ein$ duly lyNOen aoCadio~g to law, dCpoBe iod 9tt~o~ that I pereo~nally heeded s Due ~ coned ~ d the i a[ 3Qle ist the mtema' as set foRh lrertin, adcLese indicaded abo~a =„ ~I~ ,~ Kf Trsued ~n the capDO~ood case oa the demo; and es the Swear ~ ~ ~ KiMEERLY Ct1RTY before triCthis -Crt' day N~7TARY PIIDLIC of /W}~1 . Z0~¢. STATE OF t~tF.W J~RSITY ~~ 1 ~j ~~~/~ MY COMMI5Si0N ~ki'tRES A'tAJiCH 7, tOt3 Now3': By: ~(.~( (/~/ ~SStV~D y , ZO,._, at r o~Clo& _. M., Def+endent NOT POiA+ID beeause: -'Vacant Address _ Mo~rea _. Uoea Na Rs:ide {Not Vscsnt) _ No Aa~arer ,,,, StawicC Refused [kber: Saturn ro and subr~xr~xl before to thLs day of -~ By: NDatary: SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~~~tp of 4uirabe~j~il0 ~- ~.t ,,fir, ~;~'~ , a• FILED-OFFICF c~~ r~-~ ~~,oryoNOrARY Jody S Smith Chief Deputy Richard W Stewart Solicitor Zflla CCT 20 A~9 9~ 44 CUMBERLAND COUNTY FEP~I~SYLYANfA Wells Fargo Bank, NA Case Number vs. Orlando Torres (et al.) 2010-1670 SHERIFF'S RETURN OF SERVICE 06/23/2010 05:24 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on 6-23-201 C at 1721 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Orlando &Kristie L. Torres, located at, 2725 Arcona Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. 06/23/2010 05:24 PM -Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Orlando Torres, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Orlando Torres, defendant moved, did not leave a forwarding address. 06/23/2010 05:24 PM -Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Kristie Torres, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Kristie Torres, defendant moved, did not leave a forwarding address. 09/01/2010 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 11/3/2010 09/20/2010 As directed by Francis S. Hallinan, Attorney for the Plaintiff, Sheriffs Sale Cancelled SHERIFF COST: $2,720.27 October 19, 2010 SO ANSWERS, ~°~~^^~ RON R ANDERSON, SHERIFF ~ 7~77~ ~* ~~~~~~ (c) GnuntySuite Sheiifl, Teleosoft. Inr„ h WELLS ~ARG~O BA~1K,~N~A COURT OF COMMON PLEAS Plaini~ff ~ CIVIL DIVISION v. NO. 10-1670 CIVIL TERM KRISTIE L. TORRES ORLANDO TORRES CUMBERLAND COUNTY Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, NA, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 2725 ARCONA ROAD, MECHANICSBURG, PA 17055-5904. Name and address of Owner(s) or reputed Owner(s): Name KRISTIE L. TORRES 2. 3 4. 5 ORLANDO TORRES Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 2725 ARCONA ROAD MECHANICSBURG, PA 17055-5904 2725 ARCONA ROAD MECHANICSBURG, PA 17055-5904 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Adult Probation 1 Courthouse Square Carlisle, PA 17013-3387 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be .reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA 2725 ARCONA ROAD MECHANICSBURG, PA 17055-5904 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 • t Co-~imonwealth oI' Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 6`~ Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 13~' Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. May 3, 2010 "~ By: 7~'~ ~ i < < ~~Ir~r.~ Attorney for Plaintiff Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. Na. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. 3ones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. 5pivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 LEGAL DESCRIPTION ALL that certain tract of land situate in the Township of Upper Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the center line of the public road known as the Mill Road, said point being three hundred and five (305} feet in a northerly direction from land of Martin L. Myers; thence south 81 degrees 15 minutes east along land of Earl Hoffman and Sarah Hoffman, his wife now or about to be conveyed to L. E. Baker, two hundred eighty-eight (288) feet, more or less, to a point; thence north 0 degrees 45 minutes east along land of same one hundred (100) feet to a point; thence north 81 degrees 15 minutes west along other land of Earl Hoffman and Sarah Hoffman, his wife, twa hundred eighty-eight (288) feet, more or less, to a point in the center line of the Mill Road aforesaid; thence along the center tine of said road south 0 degrees 45 minutes west one hundred (100) feet to a point, the place of BEGINNING. UNDER AND SUBJECT, NEVERTHELESS, to the following reservations and restrictions: 1. No building of any sort shall be erected or maintained within sixty (60) feet of the center line of the public road. 2. No dwelling shall be erected which shall cost less than Six Thousand ($6,000.00) Dollars above the foundation. 3. No second hand material shall be used which shall be exposed to the weather. 4. There shall be no selling or manufacturing of any commodity upon the premises. 5. No building of any sort shall be erected within ten (10) feet of any common property line. 6. No hog pen, chicken house or other building to be used for obnoxious purposes shall be erected within one hundred and fifty (150) feet of the public road. TITLE TO SAID PREMISES IS VESTED IIV Orlando Torres and Kristie L. Torres, h/w, by Deed from Velma M. Mumper, widow, dated 11/26/2008, recorded 12/03/2008 in Instrument Number 200838774. PREMISES BEING: 2725 ARCONA ROAD, MECHANICSBURG, PA 17055-5904 PARCEL N0.42-30-2120-033 WELLS FARGO BANK, NA COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. NO. 10-1670 CIVIL TERM KRISTIE L. TORRES CUMBERLAND COUNTY ORLANDO TORRES Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: KRISTIE L. TORRES 2725 ARCONA ROAD MECHANICSBURG, PA 17055-5904 ORLANDO TORRES 2725 ARCONA ROAD MECHANICSBURG, PA 17055-5904 * *THIS FIItM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, 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 2725 ARCONA ROAD, MECHANICSBURG, PA 17055-5904 is scheduled to be sold at the Sheriff s Sale on 09/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $169,609.28 obtained by WELLS FARGO BANK, NA (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. t 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-1670 CIVIL TERM WELLS FARGO BANK, NA vs. KRISTIE L. TORRES ORLANDO TORRES owner(s) of property situate in the TOWNSHIP OF UPPER ALLEN, Cumberland County, Pennsylvania, being (Municipality) 2725_ ARCONA ROAD, MECHANICSBURG, PA 17055-5904 Parcel No. 42-30-2120-033. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $169,609.28 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL that certain tract of land situate in the Township of Upper Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the center line of the public road known as the Mill Road, said point being three hundred and five (305) feet in a northerly direction from land of Martin L. Myers; thence south 81 degrees 15 minutes east along land of Earl Hoffman and Sarah Hoffman, his wife now or about to be conveyed to L. E. Baker, two hundred eighty-eight (288) feet, more or less, to a point; thence north 0 degrees 45 minutes east along land of same one hundred (100) feet to a point; thence north 81 degrees 15 minutes west along other land of Earl Hoffman and Sarah Hoffman, his wife, two hundred eighty-eight (288) feet, more or less, to a point in the center line of the Mill Road aforesaid; thence along the center line of said road south 0 degrees 45 minutes west one hundred (100) feet to a point, the place of BEGINNING. UNDER AND SUBJECT, NEVERTHELESS, to the following reservations and restrictions: 1. No building of any sort shall be erected or maintained within sixty (60) feet of the center line of the public road. 2. No dwelling shall be erected which shall cost less than Six Thousand ($6,000.00) Dollars above the foundation. 3. No second hand material shall be used which shall be exposed to the weather. 4. There shall be no selling or manufacturing of any commodity upon the premises. 5. No building of any sort shall be erected within ten (10) feet of any common property line. 6. No hog pen, chicken house or other building to be used for obnoxious purposes shall be erected within one hundred and fifty (150) feet of the public road. TITLE TO SAID PREMISES IS VESTED IN Orlando Torres and Kristie L. Torres, h/w, by Deed from Velma M. Mumper, widow, dated 11/26/2008, recorded 12/03/2008 in Instrument Number 200838774. PREMISES BEING: 2725 ARCONA ROAD, MECHANICSBURG, PA 17055-5904 PARCEL N0.42-30-2120-033 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-1670 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, NA, Plaintiff (s) From KRISTIE L. TORRES and ORLANDO TORRES (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a nametl 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 $169,609.28 L.L.$.50 Interest from 4/18/10 to Date of Sale ($27.88 per diem) -- $4,014.72 Atty's Comm % Due Prothy $2.00 Atty Paid $185.50 Other Costs Plaintiff Paid Date: 5/10/10 (Seal) David D. Buell, P thonotary By: Deputy REQUESTING PARTY: Name: JAIME McGUINNESS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 90134 ~.Y On June 14, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA, Known and numbered as, 2725 Arcona Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2010 By: ea state Coordina or ,, , L ~~ v The Patriot-News Co. ` X20 Technology Pkwy Suite 3a0 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE c2~e ~latriot News NOw you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: Writ No. 2010-1670 Civil Term 07/09/10 Wells Fargo Bank, NA as Trustee for ABFC 2006-OPT3 07/16/10 Trust, ABFC Asset-Backed 07/23/10 Certificates, Series 2006-OPT3 Vs Orlando Torres ......... .. ... ........... . Kristie L Torres Atiy: Daniel Schmieg ;, ~ _ By virtue of a Writ of Execution NO. 10-1670 Sworn to an, bscribed before me t ~,.0~ day f August, 2010 A. D. clvlt. TERM , ~~ WELLS FARGO BANK, NA , , - - ~,'" RRISTIE L. TORRES ~~. /~~L'C~ ~ ~ ., i ~ ~ ~~ (_---~-~-----_ _~~ _..... oRLANDOTOIUtES Notary Public owner(s) of property situate in the TOWNSHIP OF UPPER ALLEN, Cumberland County, Pennsylvania, being (Municipality) COMfAf71~~"JF:.4LTii n~ It1~rd?~S_-_;__l.Yl~t~sl,A _ 2725 ARCONA ROAD, MECHANICSBURG, Sherrie L K~ erI Kota Public ~~ PA 17055-5904 ry Parcel No. 42-30-2120-033. Lower Paxton Twp., Dauphin County (Acreage or street address) My Commission Fxplres i~lov. 26, 2011 I Mnrnh~r Px~nt i,r: /, ,: P rSCt; 3r : n¢ ~r)t3rtPC _, Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $169,609.28 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal; a-legal periodical published in the Borough of Carlisle in the County and.State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 16, July 23, and July 30, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. w~c lio. ~o><aiszo ciu Wells Fargo Bank, NA as Trustee for ABFC 2006-OPT3 Trust, ABFC Asset-Backed Certificates, Series 2006-OPTS vs. Orlando Torres Kristie L. Torres Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 10-1670 CML TERM, WELLS FARGO BANK, NA vs. KRISTIE L. TORRES, ORLANDO TORREB, own- ers of property situate in the TOWN- SHIP OF UPPER ALLEN, Cumberland County, Pennsylvania, being 2725 ARCONA ROAD, MECHANICSBURG, PA 170SS-5904. Parcel No. 42-30-2120-033. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $169,609- .28. L' a Marie Coyne, ito`r SWORN TO AND SUBSCRIBED before me this 0 da of Jul 2010 Notary NOTARIAL SEAL oEBaRAH a coLLINs Notary PubiiC CARLISLE 80ROUGH, CUMBERLAND COUNTY My Commission Expina Apr 28, 2014