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HomeMy WebLinkAbout10-1918Phelan 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 Lrtfeetal 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 233354 WELLS FARGO FINANCIAL PENNSYLVANIA, INC. MAC F4031-086 800 WALNUT DES MOINES, IA 50309 Plaintiff V. MELVIN EHLING 122 EAST LOCUST STREET MECHANICSBURG, PA 17055-3840 Defendant PLED- FRCE OF THE FR0 i 'CNOTARY 2010 KAR 13 FM 2: 07 ,.q y CvlPl i ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 10 -M8 e.Avit Term CUMBERLAND COUNTY G qa. 0o P a ?? gas3s I RJ* AM 0T7 ATE'f File #: 233354 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 Ccmplaint 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 #: 233354 1. Plaintiff is WELLS FARGO FINANCIAL PENNSYLVANIA, INC. MAC F4031-086, 800 WALNUT DES MOINES, IA 50309 2. The name(s) and last known address(es) of the Defendant(s) are: MELVIN EHLING 122 EAST LOCUST STREET MECHANICSBURG, PA 17055-3840 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/12/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 2000, Page 1945. 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 07/17/2009 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 #: 233354 6. The following amounts are due on the mortgage: Principal Balance $93,906.01 Interest $5,710.23 06/17/2009 through 03/16/2010 (Per Diem $20.9166) Attorney's Fees $650.00 Cumulative Late Charges $0.00 07/12/2007 to 03/16/2010 Costs of Suit and Title Search 0 Subtotal $100,816.24 Suspense Credit $0.00 Escrow Credit $0.00 Deficit $1,819.00 Subtotal $1,R 19-00 TOTAL $102,635.24 7 8. Plaintiff is not seeking a judgment of personal liability (or an in personnm 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 File #: 233354 or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $102,635.24, together with interest from 03/16/2010 at the rate of $20.9166 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: ) VWd?n r l ? 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 QJSheetal 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 Attorneys for Plaintiff File #: 233354 LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground situated on the south side of East Locust Street in the Second Ward of the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the south side of East Locust Street at the corner of the property now or formerly of John A. Hartman Estate; thence westwardly along the south side of said street twenty and five-tenths (20.5) feet to a point; thence southwardly on a line through the partition wall of the double house, of which the house erected on this lot of ground is the east half, and beyond one hundred ninety-three (193) feet, more or less, to St. John's Alley; thence eastwardly by said Alley twenty and five-tenths (20.5) feet to a point at comer of property now or formerly of John A. Hartman Estate; thence northwardly along the line of said property one hundred ninety-three (193) feet, more or less, to the south side of East Locust Street aforesaid, the place of BEGINNING. The house erected on the above described lot of ground is the eastern half of a double frame dwelling house, and numbered 122 East Locust Street. BEING the same premises which Robert L. Smyser and Tressie E. Smyser, husband and wife, by their deed dated September 23, 1955 and recorded in Cumberland County Deed Book 16-S, page 373, granted and conveyed unto Homer C. Keatley and Mary Keatley, husband and wife. Homer C. Keatley died mary Keatley, whereupon sole title to said premises became vested in Mary Keatly, by virtue of the doctrine of survivorship incident to tenancies by the entireties. PREMISES BEING: 122 EAST LOCUST STREET PARCEL#: 17-23-0565-171 File #: 233354 The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. DATE: Attorney for Plaintiff File #: 233354 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~~,~Q-+J-~i-I~~ Sheriff 5~t~, 01 4 iriri~rr~ {l~' r~-`~ n ,~ ~ r r- `~i )~~1,~~ Jody S Smith `"41~ a~1~ Chief Deputy ~~ ~ ~ ;`c ~ ..~` ~ ~ ~ . `~ ° f ~ Edward L Schorpp ~~F~. -e~~~' Solicitor - ~ ~ ?, Wells Fargo Financial Pennsylvania Inc Case Number vs. Melvin Ehling 2010-191 S SHERIFF'S RETURN OF SERVICE 03/19/2010 03:11 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on March 19, 2010 at 1511 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Melvin Ehling, by making known unto Janet Warner, adult in charge at 122 East Locust Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. t t'~ ANDA COBAUGH, DEP SHERIFF COST: $37.00 March 22, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ic; i,run•;Sulte Shenfi, ie!c~soif. In;; 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-Sf3-7000 WELLS FARGO FINANCIAL PENNSYLVANIA, INC. vs. MELVIN EHLING ~.,>, ~~~~~~ fl ~ 20 l v Ma`/ 1't PM ~.ci s n `ti. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.10-1918-CIVIL-TERM 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 MELVIN EHLING, 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: ~~a~a~a~ I~o`k(~e. I ~ As set forth in Complaint $102,635.24 Interest - 03/17/2010 to 05/12/2010 $1,192.25 TOTAL $103,827.49 I hereby certify that (1) the Defendant's last known address is 122 EAST LOCUST STREET, MECHANICSBURG, PA 17055-3840, and (2) that not as en given in accordance with Rule 237.1, copy attached. I Lawrence helan, 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 INDICATED. DATE: 5 io ~~ D~ Pxs a 2333s4 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO FINANCIAL PENNSYLVANIA, INC. vs. MELVIN EHLING Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.10-1918-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 MELVIN EHLING is over 18 years of age and resides at 122 EAST LOCUST STREET, MECHANICSBURG, PA 17055-3840. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ^ La en .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 ^ Judit .Romano, Esq., Id. No. 58745 ^ Sh tal R. Shah-Jani, Esq., Id. No. 81760 ^ J nine 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 FINANCIAL CUMBERLAND COUNTY PENNSYLVANIA, INC. COURT OF COMMON PLEAS vs. MELVIN EHLING CIVIL DIVISION No.10-1918-CIVIL-TERM Notice is given that a Judgment in the above captioned matter has been entered against you on ~ o By: 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 ^ Miche~. Bradford, Esq., Id. No. 69849 ^ Judi T. Romano, Esq., Id. No. 58745 ^ S etal R. Shah-Jani, Esq., Id. No. 81760 ^ J nine 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 FIRMISADEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTANDANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** .~ WELLS FARGO FINANCIAL PENNSYLVANIA, INC. Plaintiff v MELVIN EHLING Defendant(s) TO: MELVIN EHLING 122 EAST LOCUST STREET MECHANICSBURG, PA 17055-3840 DATE OF NOTICE: April 27, 2010 COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-1918-CIVIL-TERM CUMBERLAND COUN"I'Y 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 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 CLAIlVIS 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. [F 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 # 233354 IF YOU CANNOT AFFORD TO HIlZE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AG_i'NCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 By: [~~ence T.T. P~~~h~!Esq., Id. No. 322 Francis S. ~nan, Esq., Id. No. 626 5 Daniel G. Schmieg, Esq., Id. No. 62 OS 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., [d. 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 # 233354 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO FINANCIAL PENNSYLVANIA, INC. Plaintiff, v. MELVIN EHLING Defendant(s) CUMBERLAND COUNTY c~ ~.' -~ -. COURT OF COMMON PL~-AS a `_~' CIVIL DIVISION ~ ~ ` `'~' y` -.~~ ~ ,, rr: ~ ,. _ No. 10-1918-CIVIL-TERM ` _,,.. ~ _.,_ AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 ~ ~- W -' ~:~ ~ ~ ~. 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) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhi it "A". ^ Lawrence T. Phelan, E ., 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 ^ J y B. Jones, Esq., Id. No. 86657 ~eter 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 ~ 3D- r l Attorney for Plaintiff Date: 1 V 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 # 233354 .. ...~ w solst ~aoo ~ o ~ oZ s o Nn ~z wo~~ brow CA~+ ~O ~ 9SZLIW "i`. ~~~~ ~~ ~ C ZO • `~~uu ~~ -"~ 1/~~~ f P . ry. ~~ ~ a° ~' O ~b ~ ~ ~ ~ . ~~ NN .~~ ~ ~ ~~ ~~ - s. ~ . a ~~ ~H O 'Di ~oo~~~ .:J N ~• ~~ ' ~ ~ $ gA~'N'g 3a ' p NN 3 ~x ~ r, ~ ~y fir + ~ L N1 b ! W F w O a o ~ ~ ~ y o ° v M u e o ~ _ ~ ~' °° W ~ ~ w ~ ^' a ~' a ~ ~a ~~ ~ v) a w ~ ~ G +~. ~r ~ C _ ~ F ~ ~+ 00 A ,F ~~ ° $ ~ ~ 3 ~ U U ~ p ~ ~~y a w ^" a~ ~ 0 ~.' sa~~ ~i ~N ~ ° w ~~ ~ e~ 4 aa'~ ~' P C 1 ~E"'° w~ .~ aoo ts " .7"~ ~ 'b j U(Q~~ U ~ o "(°~ ot°~ p ., 'w 3 ~w ! , o n Ar ,.+ ~ . y a ~„~ -aib 3f =~! C ~ « ~. ~ .. wa° a,~l +'v vi ~+ . .-~ o v.... +~ ~' eke'! W W "d a+ E ~ v~ a ~.°~~ >~" ! a ~ a . O .~ a w~"p sL, '~! o `o pa p i~ W ,,,1, ~ 'o ~ f~. f y ~, a [ + ~ ~ r ,~+ ~ .a ~ ~ Otf ~W W N ~~~`" 7 d :~~AO:a 0 0 ~ ~~a,a ~ Ad~ a ~~ 8 °•~ L~ it a ~~r~ n F 0~ ~' Ua °a~ ~ z E•... M e $v...~c~ ~ a~ VOa~ a ~i ( O ~v~~.,,.,a ~N ~ d~r~N~i O iy Vaa °~o~ a g ,, Sc~~°w a~ ~0 Rt ra~wa:3x ~ ~~ ~~ z~ ~~ ~ _ U ~ -.g •-+ e~ eq er yr ~ t ~ ao z °' PLAINTIFF WELLS FARGO FINANCIAL PENNSYLVANIA, INC. PHS # 233354 DEFENDANT MELVIN EHLING SERVE MELVIN EHLING AT: 122 EAST LOCUST STREET MECHANICSBURG, PA 17055-3840 SERVICE TEAM/ logic COURT NO.: 10-1918-CIVIL-TERM TYPE OF ACTION XX Notice of Sheriff s Sale SALE DATE: 09/08/2010 SERVED 17 Served and made known to MELVIN EHLING ,Defendant on the o2 da of N ~ 20 6 , a~ ~'_ o'clock ,~. M., at 172 E. CtCbT STO.EE'f- , in the manner described below: _ ,~ _~ V Defendant personally served. M e srucs by ~j , {_--; ^~ ~ ~ =`~, -~-, Adult family member with whom Defendant(s) reside(s). - - Relationship is a-. _ Adult in charge of Defendant's residence who refused to give name or relationship. _ ManagerJClerk of place of lodging in which Defendant(s) reside(s). -~i 3 _ Agent or person in charge of Defendant's office or usual place of business. ~ _ an officer of said Defendant's company. • ~ ,: _ Other: _ ,6 - r~ ~ Other Description: Age _~ Height ~~/A Weight ~~ V Race ~1U Sex I, ~(-crD ~OLL , 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 Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and sul2sc~jbed R~,y CURTY before me this 5~ day % K1MBE of ~tlN ~, 20 NpTARY PL'6LlC STATE OF NF,W JERSEY Not By: NOT E Y COMMiSSIt~N C7t::' ES MARCH 7, ]At3 1 the d f , 20_, at o'clock _. M., Defendant NO ND because: Vacant _ Bad Address _ Moved _ Dces Not Reside (Not Vacant) No Answer on at at . Service Refused Other: Sworn to and subscribed before me this day of ~~ By: Notary: AFFIDAVIT OF SERVICE CUMBERLAND COUNTY ATTORNEY FOR PLAINTIFF l.ewrena T. Phelan, Esq., Id. No.32227 F,anr~ S. HaBlnan, Esq., Id. No. 62695 Daniel G. Sdnnieg, Esq., b. No. 622115 Michele M. B,ad(ord, Esq., /d. No. 69649 Judith T. Romano, Esq., Id. No. 58745 Sbeetal R Shah•Jani, Esq., Id. No.81760 Jenh~e R Davey, Esq., Id. No. 87077 Lauren R Tabas, FscE, ld. No. 93337 Vlvek S,tvastava, Esq., Id. No. 20]331 Jay B. Jones, Esq., Id. No. 86657 Paler J. Mnkahy, Esq., Id. No. 61791 Andrew L Spivack, Esq., ld. No. 84439 Jahce McGuh,ness, Esq., Id. No. 90134 Ch,isovalanle P. Fliakos, Esq., id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R Dunn, Fsq., Id No. 206779 A,pilew C. Bramble[!, Esp' Id. No. 208375 One Penn Center at Subs Stelien 1617 JoM F. Kennedy Blvd., Soite 1400 PhOadelpbia, PA 191031814 (215)563.7000 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY r` Wells Fargo Financial Pennsylvania Inc vs. Melvin Elwoo Ehling, Jr. ~a~"dr of L~u~t~~~~/~~~ ~~ ;~;~'r ¢F'F~I:E t'~~"~E $r!~RIFR Case Number 2010-1918 SHERIFF'S RETURN OF SERVICE 06/22/2010 12:22 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on 6-22-201C at 1219 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 Melvin Ehling, located at, 122 East Locust Street, Cumberland County, Pennsylvania according to law. 06/22/2010 12:22 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on 6-22-201C at 1219 hours, he served a true'copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Melvin Ehling, by making known unto, Melvin Ehling, personally, at, 122 East Locust Street, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 09/08/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 8, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $30,934.00 to Attorney Kim Bonner, on behalf of XXXXX)CXXX, ,being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ XXXXXX 09/09/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on 9/8/10 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Kimberly Bonner on behalf of Chesapeake Loan Servicing, LLC, 100 South 7th Street, Akron, PA 17501, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 1,396.12 SHERIFF COST: $1,696.12 October 19, 2010 F6LED'OF'F~CE O~ T3'~ F`nO fMONOTARY 2~l~ ACT ~0 ~'~ 9~ 45 C1.~~ISERLANO COUNTY F~ENN5YLYANIA SO ANSWERS, RON R ANDERSON, SHERIFF ~~.,~~ ` a -OCR ~~ Ca. S~ ~ L Jed C~~ ~~7~5 ~~ ~r.~Cj ~" 7 (o) GountySuite Sheriff. Teleosofi. Inc. .2 + ' ~ ~ ! ~ SCHEDULE OF DISTRIBUTION Date Filed: 10/6/10 Writ No. 2010-1918 Civil Term Wells Fargo Financial Pennsylvania, Inc. -vs- Melvin Ehling Sale Date: September 8, 2010 Buyer: Chesapeake Loan Servicing, LLC Bid Price: $ 30,934.00 Real Debt: $ 103,827.49 Interest: 2,031.33 Attorney Writ Costs: 169.50 Total Due: $ 106,028.32 DISTRIBUTION: Receipts: Cash on Account (06/14/2010): $ 1,500.00 Cash on Account (09/08/2010): 3,093.00 Cash on Account (09/23/2010): 30,648.18 Total Receipts: $ 35,241.18 ` . J 1 ~ Disbursements: Sheriffs Costs $ Legal Search Transfer Tax (Local) Transfer Tax (State) Cumberland County Tax Claim Barry Heckard, Mechanicsburg Borough Tax Collector Borough of Mechanicsburg (Sewer/Refuse) Attorney Daniel Schmieg Wells Fargo Financial Pennsylvania, Inc. Total Disbursements: Balance for distribution: So Answers: Ro y R. Anderson _ _ _.. _ _,.. ,., °' Sheriff 1,396.12 300.00 944.25 944.25 1,118.56 1,468.66 264.70 1,500.00 27,304.64 ($35,241.18) 00.00 r , SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale, Writ No. 2010-1918 held September 8, 2010 EFFECTIVE DATE: September 8, 2010 PREMISES: 122 East Locust Street, Borough of Mechanicsburg, Cumberland County, Pennsylvania, Tax Parcel No. 17-23-0565-171 (the "Premises") RECITAL: Being the same premises which Mary Keatley, widow, by her Deed dated August 23, 2002 and recorded August 29, 2002 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 253, Page 1790, granted and conveyed unto Melvin E. Ehling. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: 1. Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. 3. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. 5. Any environmental liens or claims filed or on record in the Federal District Court. . 6. Payment of state and local real estate transfer tax, if applicable. 7. Any secured transactions with respect to the Premises. 8. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriff s sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriff s sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after January 1, 2010. 20. Subject to the spousal rights, if any, of any spouse of Melvin E. Ehling. -2- . . 7 ~ . 7 21. Mortgage in the amount of $94,338.00 from Melvin E. Ehling to Wells Fargo Financial PA Inc. dated July 12, 2007 and recorded July 20, 2007 in Mortgage Book 2000, Page 1945. 22. Judgment against Melvin Ehling in the amount of $103,827.49 in favor of Wells Fargo Financial PA Inc. in an action of mortgage foreclosure entered on May 14, 2010 to No. 2010-01918. 23. Subject to unpaid taxes due the Tax Claim Bureau of $1,111.52 together with any interest and penalties accrued thereon. 24. Subject to the easement of any partition or party walls. 25. Subject to the rights of others in and to any part of the Premises in or adjoining East Locust Street or St. John's Alley. 26. Subject to the legal operation and effect of the absence of a legal description of the Premises in the notice of Sheriffs Sale. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By: ~ Keith O. Brenneman -3- ~ r Writ No. 2010.1918 Civil WeIls Fargo Financial Pennsylvania Inc. vs. Melvin Ehling Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 10-1918-CIVIL-TERM, WELLS FARGO FINANCIAL PENNSYLVANIA, INC. vs. MELVIN EHLING, owner of property situate in the SECOND WARD OF THE BOROUGH OF MECHANICSBURG, Cumberland County, Pennsylvania, being 122 EAST LOCUST STREET, MECIHAN- ICSBURG, PA 17055-3840. Parcel No. I7-23-0565-171. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $103,827- .49. EXHIBIT A fit' WELLS FARGO FINANCIAI.~ PENNSYLVANIA, IN'C. COURT OF COMMON PLEAS Plaintiff '• ,, . CIVIL DIVISION v. . NO.10-1918-CIVIL-TERM MELVIN EHLING Defendant(s) CUMBERLAND COUNTY PHS # 233354 AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO FINANCIAL PENNSYLVANIA, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 122 EAST LOCUST STREET, MECHANICSBURG, PA 17055-3840. Name and address of Owner(s) or reputed Owner(s): Name MELVIN EHLING 2. 3 Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 122 EAST LOCUST STREET MECHANICSBURG, PA 17055-3840 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name 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 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. 7. Name and alidress of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affectedly the saae:` Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 122 EAST LOCUST STREET MECHANICSBURG, PA 17055-3840 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the"Middle District of PA Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 6`~ Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 Internal Revenue Service 13~ Floor, Suite 1300 Federated Investors-Tower 1001 Liberty Avenue Pittsburgh, PA 15222 Department of Public Welfare P.O. Box 8486 TPL Casualty Unit ' Willow Oak Building Estate Recovery Program 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. June 8.2010 By: __"~~~z~ ~~ Att ey for Plaintiff Phelan Hallman & Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallman, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No, b2205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R Davey, Esq., Id. No. 87077 ^ Lauren R Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 `~ ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ,~] Courtenay R Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 - , WELLS FARGO FINANCIAL PENNSYLVAI~TIA, INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. MELVIN EHLING NO.10-1918-CIVIL-TERM CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MELVIN EHLING 122 EAST LOCUST STREET MECHANICSBURG, PA 17055-3840 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 122 EAST LOCUST STREET, MECHANICSBURG, PA 17055-3840 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 $103,827.49 obtained by WELLS FARGO FINANCIAL PENNSYLVANIA, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE T~!' 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.) Y YO VE 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 ca11215-563-7000. ~- 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. . ~,. ., Y 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 shaze 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 otli~r rights and defenses, or ways of getting your home back, if you act immediately after the sale. ri YOU SHOULD TAKE HIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNON 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 T. SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-1918-CIVIL-TERM WELLS FARGO FINANCIAL PENNSYLVANIA, INC. vs. MELVIN EHLING owner(s) of property situate in the SECOND WARD OF THE BOROUGH OF (Municipality) MECHANICSBURG, Cumberland County, Pennsylvania, being 122 EAST LOCUST STREET, MECHANICSBURG, PA 17055-3840 (Acreage or street address) Parcel No. 17-23-565-171 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $103,827.49 ~; Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 191.03 215-563-7000 i~ t • . ! ,. - LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground situated on the south side of East Locust Street in the Second Ward of the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the south side of East Locust Street at the corner of the property now or formerly of John A. Hartman Estate; thence westwardly along the south side of said street twenty and five-tenths (20.5) feet to a point; thence southwardly on a line through the partition wall of the double house, of which the house erected on this lot of ground is the east half, and beyond one hundred ninety- three (193) feet, more or less, to St. John's Alley; thence eastwardly by said Alley twenty and five-tenths (20.5) feet to a point at corner of property now or formerly of John A. Hartman Estate; thence northwardly along the line of said property one hundred ninety-three (193) feet, more or less, to the south side of East Locust Street aforesaid, the place of BEGINNING. The house erected on the above described lot of ground is the eastern half of a double frame dwelling house, and numbered 122 East Locust Street. TITLE TO SAID PREMISES IS VESTED IN Melvin E. Ehling, by Deed from Mary Keatley, widow, dated 08/23/2002, recorded 08/29/2002 in Book 253, Page 1790. PREMISES BEING:~~122 EAST LOCUST STREET, MECHANICSBURG, PA 17055-3840 PARCEL NO. 17-23L0565-171 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-1918 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO FINANCIAL PENNSYLVANIA, INC., Plaintiff (s) From MELVIN EHLING (1) You are directed to lery upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $103,827.49 L.L. $.50 Interest FROM 5/13/2010 TO DATE OF SALE ($17.07 PER DIEM) - $2,031.33 Atty's Comm % Due Prothy $2.00 Atty Paid $169.50 Other Costs Plaintiff Paid Date: JUNE 9, 2010 e 1, Prothon tary (Seal) ~ - By: `_ Deputy REQi}ES~'TISTG PARTY: Name-COilRTE1~TAY R. DUNN, ESQUIRE Address: PH'ELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 206779 :._%' On June 14, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA, Known and numbered as, 122 East Locust Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2010 By: ~a - / Y Real Estate Coordinator ,,4 U: 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 Januazy 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 regulazly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regulaz 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 chazacter of publication are true. v - ~-- ~ w~ xo. ~o><a><9><a cite lsa Marie Coyne, Wella Fargo Financial Pennsylvania Inc. ~a. Melvin Ehling Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 10-1918-CIVIL-TERM, WELLS FARGO FINANCIAL PENNSYLVANIA, INC. vs. MELVIN EHLING, owner of property situate in the SECOND WARD OF THE BOROUGH OF MECHANICSBURG, Cumberland County, Pennsylvania, being 122 EAST LOCUST STREET, MECIHAN- ICSBURG, PA 17055-3840. Parcel No. 17-23-0565-171. Improvements thereon: RESIDEN- TIAL D~VELIING. JUD(iMENTAMOUNT: 8103,871- .49. >WORN TO AND SUBSCRIBED before me this 0 da of Jul 2010 Notary NOTARIAL DEBORAH A COtUNS Nouty PubNc CARLISLE BOROUGH, CUMBERLAND COUNTY My Commk>slon Expiry Apt 28.201 fhe Patriot-News Co. 020 Technolo~y,Pkwy~ Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c~l1e ~latriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss 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. 2010-1918 Civil Term 07/09110 Wells Fargo Financial 07/16/10 Pennsylvania Inc vs 07/23/10 Melvin Ehling Atty: Daniel Schmieg BY virtue of a Writ of Execution N0. 10-] 918- ' ' ' ' ' ' ' ' ' ' ' CIVII,-TERM WELLS FARGO FINANCIAL •PENN$YLVANIA,INC. Sworn to a s;ubscn ed before e tbis`~0 day of August, 2010 A.D. vs. ~-- . ~ MELVIN EHLING ~ F'" - -' \ owner(s) of property situate in the `~-------'~ " ~ ~~~..-C--~~l - C ~~ ' ~-' ~-.---~ ~7 G -`---- -"~_ SECOND WAIF OF THE BOROUGH OF ~ (Munie;pal;ty) Notary Public MECHANICSBURG, Cumberland County, Pennsylvania, being CCMMONW~ALTN tJF P~i~NSY~.vANTA 122 EAST LOCUST STREET, Notarial t+8ai I MECII3ANICSBURG, PA 17055-3840 Sherrie 1. Klsnerr, Notary Publ+. It (Acreage or street address) Lower Paxton TWp., Uauphln County I Parcel No. 17-23-0565-171 My Commisslon Expires Nov. 26, 2011 1 Improvements thereon: RESIDENTIAL Memsaer, P?n.^~sV3v?n!a Assrti~tion of Notaries DWELLING 1[1DGMENTAMOUNT: $103,827.49 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Cheasapeake Loan Ser LLC is the grantee the same having been sold to said grantee on the 8th day of September A.D., 2010, under and by virtue of a writ Execution issued on the 9th day of June, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 10 Number 1918, at the suit of Wells Fargo Financial Pa Inc against Melvin is duly recorded as Instrument Number 201030008. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~ ~ day of