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HomeMy WebLinkAbout10-7514Phelan Hallinan &Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S Hallina E Id N F1~.E(j- FF1~ ` ' . n, sq., . o. 62695 Dani l G S h i E ~~ ~~~ ~ P ~ ~~ ~ e . c m eg, Esq., Id. No. 62205 ~ ~ T~;;~ `p' Michele M. Bradford, Esq., Id. No. 69849 2~jQ (~~~ b ~ Judith T. Romano, Esq., Id. No. S874S ~~ ~: Ll Sheetal R. Shah-Jani, Esq., Id. No. 81760 ~'~{ Jenine R. Davey, Esq., Id. No. 87077 L R ~~~ ~~A~~~ ClJ'~`~~'~' Y~~~ 1 auren . 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 ATTORNEY FOR PLAINTIFF Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 21S-S63-7000 253740 WELLS FARGO BANK, NA, D/B/A AMERICAS SERVICING COMPANY COURT OF COMMON PLEAS 3476 STATEVIEW BLVD FORT MILL, SC 29715 CIVIL DIVISION Plaintiff TERM v. JEFFREY R. LEES NO. , O ~~ 51 ` CHRISTA LEES A/K/A CHRISTA J. WILLIAMS CUMBERLAND COUNTY A/K/A CHRISTA J. LEES 160 EAST CUMBERLAND ROAD ENOLA, PA 17025-2509 Defendants File #: 253740 ® ~~D 0.~ c asp ~ NOTICI~; 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 }ou 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 #: 253740 1. Plaintiff is WELLS FARGO BANK, NA, D/B/A AMERICAS SERVICING COMPANY 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: JEFFREY R. LEES CHRISTA LEES A/K/A CHRISTA J. WILLIAMS A/K/A CHRISTA J. LEES 160 EAST CUMBERLAND ROAD ENOLA, PA 17025-2509 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 12/31/2004 JEFFREY R. LEES and CHRIS I'A LEES made, executed and delivered a mortgage upon the premises hereinafter described to UNION FEDERAL BANK OF INDIANAPOLIS which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1893, Page 3983. By Assignment of Mortgage recorded 10/21/2005 the mortgage was assigned to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC which Assignment is recorded in Assignment of Mortgage Book No. 721, Page 4164. The PLAINTIFF is nowthe legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.RC.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 02/01/2010 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 File #: 253740 by written notice sent to Mortgagor, the entire principal balance and all interest due 6 thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $56,081.25 Interest $3,116.22 O 1 /01 /2010 through 10/07/2010 Late Charges through 10/07/2010 $209.53 Property Inspections/Property Preservations $60.00 Escrow Deficit 75~ ~R TOTAL . $60,217.08 7 8. Plaintiff is nat seeking a judgment of personal liability (or an in Hers,- ~nair 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 #; 253740 WHEREFORE, Plaintiff demands an in rim judgment against the Defendant(s) in the sum of $60,217.08, together with interest from 10/07/2010 at the rate of $11.14 per diem to the date of judgment, other costs, fees and charges collectible under the mortgage, including but not limited to attorneys fees and costs, and for the foreclosure and sale of the mortgaged property" PHELAN HAI,LINAN & SCHMIEG, LLP By: ^ Lawrence 1'. Phelan, Esq., Id. No. 2227 ^ Francis S. I-Iallinan, 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. "I'abas, 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 ~^ A~rew C. Bramblett, Esq., Id. No. 208375 L~'Allison F. Wells, Esq., Id. No. 309519 Attorneys for Plaintiff File ~: 253740 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in the township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point in the southerly line of Cumberland Road at the distance of two hundred fifty-five (255 feet) measured eastwardly along the line of said Cumberland Road from the northeasterly extremity of the arc or curve with a radius often feet (10 feet) connecting the easterly line of Brick Church Road with the said southerly line of Cumberland Road; and extending thence along the southerly line of Cumberland Road North seventy-nine degrees forty minutes east (N. 79 degrees 40 minutes E), for a distance of twenty-five (25 feet); extending thence as follows, viz: FIRST, South ten degrees twenty minutes East (S 10 degrees 20 minutes E), for a distance of one hundred sixty and two hundred f fty-five thousandths feet (160.255 feet); SECOND, South eighty degrees fifteen minutes West (S80 degrees 15 minutes W), for a distance of twenty-five and one thousandths feet (25.0001 feet); and, THIRD, North ten degrees twenty minutes West (N 10 degrees 20 minutes W), for a distance of one hundred fifty-nine and seven hundred forty-six thousandths feet (159.746 feet) to the place of BEGINNING. HAVING THEREON ERECTED a frame building known as number 160 Cumberland Road, Enola, Pennsylvania. PROPERTY ADDRESS: 160 EAST CUMBERLAND ROAD, ENOLA, PA 17025-2509 PARCEL # 09-14-0832-286 File #: 253740 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 # 253740 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Wells Fargo Bank, NA vs. Jeffrey R. Lees (et al.) ^?L I ED-oFFi?E 13 1 J j L' -a ,A ,, 1 i9- y 3 W ""n: , r Case Number 2010-7514 SHERIFF'S RETURN OF SERVICE 12/08/2010 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: Jeffrey R. Lees, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Jeffrey R. Lees. Request for service at 160 E. Cumberland Road, Enola, Pennsylvania 17025 the defendant was not found. Deputies were advised, Jeffrey R. Lees is currently residing at 9222 Carlisle Road, Wellsville, Pennsylvania 17365. 12/08/2010 03:00 PM - Sheldon Marshall, Deputy Sheriff, who being duly sworn according to law, states that on December 8, 2010 at 1500 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Christa J. Lees, by making known unto herself personally, at 160 E. Cumberland Street, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. SHELDON MARSHALL, EPUTY 12/13/2010 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: Jeffrey R. Lees, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 12/20/2010 05:47 PM - York County Return: And now December 20, 2010 at 1747 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jeffrey R. Lees by making known unto himself personally, at The York County Sheriffs Office, 45 N. George Street, York, Pennsylvania 17401 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $72.00 January 07, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber Sheriff Reuben B Zeager Chief Deputy, Operations PETER J. MANGAN, ESQ. Solicitor Richard E Rice, 11 Chief Deputy, Administration WELLS FARGO BANK, N.A. Case Number VS. JEFFREY R. LEES 10-7514 SHERIFF'S RETURN OF SERVICE 12/20/2010 05:47 PM - SERVED THE REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (CIMF) BY "PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: JEFFREY R. LEES AT THE YORK COUNTY SHERIFF'S OFFICE, YORK COUNTY SHERIFF, 45 NORTH GEORGE STREET, YORK, PA 17401. `7 ? o w 1,? THOMAS H. MULDROW, DEPUTY SHERIFF COST: $36.50 January 04, 2011 SO RS, RICHARD P E -E ER, SHERIFF - ---- - ----------- - --- ---. - - ------- NOTARY Affirmed and subscribed to before me this 4th day of JANUARY 2011 (c) CountySuite Sheriff.. Teleosoft, Inc. LISA _ GRT? CRY„ic CITY OF YORK MYCOMMISS CN E.XP?RESA?G 12. 20'3 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-7514 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, NA DB/A AMERICAS SERVICING COMPANY Plaintiff (s) From JEFFREY R. LEES, CHRISTA LEES A/K/A CHRISTA J. WILLIAMS A/K/A CHRISTA J. LEES (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $61,475.90 L.L.$.50 Interest FROM 01/29/201 Ito Date of Sale ($10.11 per diem) - - $1,253.64 Atty's Comm % Due Prothy $2.00 Atty Paid $204.50 Other Costs Plaintiff Paid Date: 2/24/11 1 id D. Buell, rothonotary (Sea]) By: Deputy REQUESTING PARTY: Name: COURTENAY R. DUNN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 206779 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WELLS FARGO BANK, NA, D/B/A AMERICAS SERVICING COMPANY Plaintiff v JEFFREY R. LEES CMUSTA LEES A/K/A CMUSTA J. WILLIAMS A/K/A CHRISTA J. LEES Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-7514 CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 01/29/2011 to Date of Sale ($10.11 per diem) TOTAL 3) DLA,00 ?d awl R e ao Car 1L1. Ob all ''sU ?a Note: Please attach description of property. PHS # 253740 $61,475.90 $1,253.64 rn°o xrn ?4y $62,729.54 ney or Plaintiff -C 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. 8176C ? 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ourtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 iii . 50 LL rz.lk 01 5&qf ?K?rtk 4 124 MS6 ? Q -i r'n r__ X? ? C_? C ,ter r rv ? t3"t ? w G 9 a oa U O? O? ?W ?U ?a O U a U ?a A z G7 ? as 3 W a ti U a h F 42 41, ?U 'o w? o? O w U a a a ? A ti ¢ q A W A M O? ¢ O ?N ¢ O ¢ra N a ? AG ¢ W in •-; W •A wC4 ¢ 0 °w w 3 w N N ?1 Vl pip b O? Obi ? ? pMp .-+ N?OCT?? M to- ' Col por-O00OMN ?ppzNN pONO p, ° o cZ?nzSSO?N,r c ° c ozOm zzz o oz ,zz z. abb?b~zzz(*z °4-d:°"zb .. Gi w w ,ti y ., ?. ?;• y •d Qc w ^R? (?1 ?i•? ? ?v?71• W w G W W.wg U w? F: ?NImI- > 3 Q .? 0 V. 04Q0000000000000 L1??? Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, NA, DB/A AMERICAS SERVICING COMPANY Plaintiff V. Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 10-7514 JEFFREY R. LEES CHRISTA LEES A/K/A CHRISTA J. WILLIAMS A/K/A CMUSTA J. CUMBERLAND COUNTY LEES Defendant(s) CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. C7 pZ tw? ? ?Y T N ?Z ?c ca By. A orney ?forPlaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 oshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 WELLS FARGO BANK, NA, DB/A AMERICAS COURT OF COMMON PLEAS SERVICING COMPANY Plaintiff CIVIL DIVISION v. NO.: 10-7514 JEFFREY R. LEES CHRISTA LEES A/K/A CHRISTA J. WILLIAMS A/K/A CUMBERLAND COUNTY CHRISTA J. LEES Defendant(s) PHS # 253740 AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, NA, DB/A AMERICAS SERVICING COMPANY, 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 160 EAST CUMBERLAND ROAD, ENOLA, PA 17025-2509. Name and address of Owner(s) or reputed Owner(s): : Name Address (if address cannot be reasonably Cn s ascertained, please so indicate) = CMUSTA LEES A/K/A CHRISTA J. 160 EAST CUMBERLAND ROAD , ? z? WILLIAMS A/K/A CHRISTA J. LEES ENOLA, PA 17025-2509 tsr r-. ) c Cq i Cl - l , Name and address of Defendant(s) in the judgment: yp © ' C) Name Address (if address cannot be reasonably y ascertained, please so indicate) a. JEFFREY R. LEES 9222 CARLISLE ROAD WELLSVILLE, PA 17365 JEFFREY R. LEES 160 EAST CUMBERLAND ROAD ENOLA, PA 17025-2509 CMUSTA LEES A/K/A CBMSTA J. 160 EAST CUMBERLAND ROAD WILLIAMS A/K/A CMUSTA J. LEES ENOLA, PA 17025-2509 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) American General Financial Services, Inc. 125 Gateway Drive, Suite 109 Mechanicsburg, PA 17050-2905 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 Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA 160 EAST CUMBERLAND ROAD ENOLA, PA 17025-2509 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 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. Date: Z (1 By: A ey 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. 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ourtenay R. Dunn, Esq., Id. No. 206779 L_J Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in the township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point in the southerly line of Cumberland Road at the distance of two hundred fifty-five (255 feet) measured eastwardly along the line of said Cumberland Road from the northeasterly extremity of the arc or curve with a radius of ten feet (10 feet) connecting the easterly line of Brick Church Road with the said southerly line of Cumberland Road; and extending thence along the southerly line of Cumberland Road North seventy-nine degrees forty minutes east (N. 79 degrees 40 minutes E), for a distance of twenty-five (25 feet); extending thence as follows, viz: FIRST, South ten degrees twenty minutes East (S 10 degrees 20 minutes E), for a distance of one hundred sixty and two hundred fifty-five thousandths feet (160.255 feet); SECOND, South eighty degrees fifteen minutes West (S80 degrees 15 minutes W), for a distance of twenty- five and one thousandths feet (25.0001 feet); and, THIRD, North ten degrees twenty minutes West (N 10 degrees 20 minutes W), for a distance of one hundred fifty-nine and seven hundred forty-six thousandths feet (159.746 feet) to the place of BEGINNING. TITLE TO SAID PREMISES VESTED IN Christa J. Williams, by Deed from Jeffery R. Lees and Christa Lees, a/k/a Christa J. Williams, h/w, dated 06/19/2008, recorded 10/31/2008 in Instruments Number 200835651. PREMISES BEING: 160 EAST CUMBERLAND ROAD, ENOLA, PA 17025-2509 PARCEL NO. 09-14-0832-286,09002204 WELLS FARGO BANK, NA, DB/A AMERICAS SERVICING COURT OF COMMON PLEAS COMPANY CIVIL DIVISION Plaintiff NO.: 10-7514 VS. JEFFREY R. LEES CUMBERLAND COUNTY CHRISTA LEES A/K/A CHRISTA JANE WILLIAMS Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY C te TO: CHRISTA LEES A/K/A CHRISTA J. JEFFREY R. LEES r, WILLIAMS A/K/A CIMSTA J. LEES 9222 CARLISLE ROAD 160 EAST CUMBERLAND ROAD WELLSVILLE, PA 17365 r-{. a ENOLA PA 17025-2509 PIC) =CD 5 JEFFREY R. LEES WILLIAMS - `' 160 EAST CUMBERLAND ROAD ENOLA, PA 17025-2509 "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 160 EAST CUMBERLAND ROAD, ENOLA, PA 17025-2509 is scheduled to be sold at the Sheriff's Sale on 06/01/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $61,475.90 obtained by WELLS FARGO BANK, NA, DB/A AMERICAS SERVICING COMPANY (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 may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 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. 10-7514 WELLS FARGO BANK, NA, DB/A AMERICAS SERVICING COMPANY VS. JEFFREY R. LEES CHRISTA LEES A/K/A CHRISTA J. WILLIAMS A/K/A CHRISTA J. LEES owner(s) of property situate in EAST PENNSBORO TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 160 EAST CUMBERLAND ROAD, ENOLA, PA 17025-2509 Parcel No. 09-14-0832-286, 09002204 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $61,475.90 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in the township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point in the southerly line of Cumberland Road at the distance of two hundred fifty-five (255 feet) measured eastwardly along the line of said Cumberland Road from the northeasterly extremity of the arc or curve with a radius of ten feet (10 feet) connecting the easterly line of Brick Church Road with the said southerly line of Cumberland Road; and extending thence along the southerly line of Cumberland Road North seventy-nine degrees forty minutes east (N. 79 degrees 40 minutes E), for a distance of twenty-five (25 feet); extending thence as follows, viz: FIRST, South ten degrees twenty minutes East (S 10 degrees 20 minutes E), for a distance of one hundred sixty and two hundred fifty-five thousandths feet (160.255 feet); SECOND, South eighty degrees fifteen minutes West (S80 degrees 15 minutes W), for a distance of twenty- five and one thousandths feet (25.0001 feet); and, THIRD, North ten degrees twenty minutes West (N 10 degrees 20 minutes W), for a distance of one hundred fifty-nine and seven hundred forty-six thousandths feet (159.746 feet) to the place of BEGINNING. TITLE TO SAID PREMISES VESTED IN Christa J. Williams, by Deed from Jeffery R. Lees and Christa Lees, a/k/a Christa J. Williams, h/w, dated 06/19/2008, recorded 10/31/2008 in Instruments Number 200835651. PREMISES BEING: 160 EAST CUMBERLAND ROAD, ENOLA, PA 17025-2509 PARCEL NO. 09-14-0832-286,09002204 PLAINTIFF WELLS FARGO BANK, NA, DB/A AMERICAS SERVICING COMPANY DEFENDANT JEFFREY R. LEES CHRISTA JANE WILLIAMS A/K/A CHRISTA LEES SERVE JEFFREY R. LEES AT: 9222 CARLISLE ROAD WELLSVILLE, PA 17365 SERVICE TEAM/ lxh COURT NO.: 10-7514 TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: 06/01/2011 SERVED Served and made known to JEFFREY R. LEES , Defendant on theZ?day of Aoxd , 20 at S1133 , o'clock*. M., at ASE` .rf?'S in the manner described below: Defendant personally served. - Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. _ Other: / Sex //F Description: Age Height S p ? Weight 1.SOf 0 Race 6 Of Other M =100 MM > n :Z: C:) «2< r_:? cz? RJ O co I, e?'- j&Wd1A4-, 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 subscribed before me this *-Z-' day of '`7' 2011( Notary: ieA .- By: NOT SERVED On day of , 20_, at o'clock _. M., Defendant NOT FOUND because: Vacant _ Does Not Exist - Moved _ Does Not Reside (Not Vacant) No Answer on Service Refused Other: Sworn to and subscribed before me this day of 0=. By: Notary: at , at ?140TARIAL SEAL JAMES E OSSO NE Notary Public WEl ` slop O" - S APN29a 203 My Comm AFFIDAVIT OF SERVICE (FNMA) CUMBERLAND COUNTY PHS # 253740 ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq, Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Sehmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq, Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Shcetal R. Shah-Joni, 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. Mukahv, Esq., Id. No. 61791 Andrew L. Spivaek, Esq., Id. No. 84439 Chrisovalante P. Fliak., Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblety Esq., Id. No. 208375 Allison F. Wells, Esq, Id. No. 309519 William E. Miller, Esq, Id. No. 308951 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 --a Fri -- r l+:S CD C.7 a ; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NA, DB/A AMERICAS CUMBERLAND COUNTY SERVICING COMPANY Plaintiff, COURT OF COMMON PLEAS . V. CIVIL DIVISION JEFFREY R. LEES No.: 10-7514 0 -" cc i "" CHRISTA LEES A/K/A CHRISTA JANE rn - WILLIAMS U,rr- Defendant(s) --?-' _ <a r-P CD-1 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 : C" .: COMMONWEALTH OF PENNSYLVANIA ) c= , ',. 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 ified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto E ibit " El Lawrence T. Phelan, Esq., Id. No. ? F cis 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Attorney for Plaintiff Date: ? X7 t 1 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 253740 s 0 L 6 3(103 diz woad a3liVn ; ILoz oz83-1 9SZLLtb000 w ' hl Z0 a 0 .r 0 w ? ` a q .? q a sL, e? ?? ? ? cFFae?? °Z°? ? o ? w?a? a,oaa9 a Q ?? d ?W$z aM e o °'0???vSvi .5G7 a ?pt Qg ?+ ,,ooff? a o •- ? '^ ? Q.•-?Oa, ?F.•?W AU.rUU?Wi??...rpyDDw??"L"'d.N,? z * * # b y ?o a a a ? s? Y?Ny?g C O ? H eat ° ' ? rw on w` F 0 U w< a; r31 w. z? en naoa,? Phelan Hallman & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff WELLS FARGO BANK, NA, D/B/A AMERICAS Court of Common Pleas SERVICING COMPANY Plaintiff vs JEFFREY R. LEES CHRISTTA LEES A/K/A CHRISTA J. WILLIAMS A/K/A CHRISTA J. LEES Defendant Civil Division CUMBERLANDqZ?un tiu? x t- Cn No. 10-7514 I- N) C) *C-) MW a DC x c? PRAECIPE TO THE PROTHONOTARY: Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. X Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. Please mark the in rem judgment Satisfied and the action Discontinued and Ended. Date: Tl ?? P E LINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 2227 Francis S. 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 B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 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 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 PHS# 253740 Attorneys for Plaintiff C i??la3S aUaI a( PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 215 563-7000 WELLS FARGO BANK, NA, D/B/A AMERICAS SERVICING COMPANY Court of Common Pleas Plaintiff Civil Division vs CUMBERLAND County JEFFREY R. LEES CHRISTA LEES No. 10-7514 A/K/A CHRISTA J. WILLIAMS A/K/A CHRISTA J. LEES Defendant CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff's Praecipe was served by regular mail to the person(s) on the date listed below: JEFFREY R. LEES CHRISTA LEES A/K/A CHRISTA J. WILLIAMS A/K/A CHRISTA J. LEES 160 EAST CUMBERLAND ROAD ENOLA, PA 17025-2509 Date: * -4 BY:( - ?-l I =Z? Lawrence 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 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 / Melissa J. Scheiner, Esq., Id. No. 3089,Yf Attorney for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Andersor Sheriff Jody S Smith Chief Deputy ?4e?1r 4C 4u?ntitrr 1ILI- 27 PP' 3= 10 Richard W Stewart Solicitor Cz M BLEU N!'D CGii; 'I ' PENNSYLVANIA, Wells Fargo Bank, NA vs. Case Number . Jeffrey R Lees (et al.) 2010-7514 SHERIFF'S RETURN OF SERVICE 03/15/2011 04:47 PM - Deputy Ryan Burgett, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 160 East Cumberland Road, Enola, PA 17025, Cumberland County. 03/21/2011 07:02 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Christa Lees at 160 E. Cumberland Road, East Pennsboro Township, Enola, PA 17025, Cumberland County. 04/07/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Jeffrey R. Lees, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of York County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 04/07/2011 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of York County upon Jennifer Bair, Girlfriend, who accepted for Jeffrey R Lees, at 9222 Carlisle Road, Wellsville, PA 17365. So Answers: Terry Drawbaugh, Deputy Sheriff. 05/25/2011 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 8/3/2011 07/26/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $734.20 SO ANSWERS, July 26, 2011 RbNl`V R ANDERSON, SHERIFF -06 r v-:`ySto She° tf. fe, o?I. ?,,;:. WELLS FARGO BANK? NA, D/B/A AMERICAS SERVICING CON&ANV Plaintiff v. JEFFREY R. LEES COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-7514 CHRISTA LEES A/K/A CHRISTA J. WILLIAMS A/K/A CUMBERLAND COUNTY CHRISTA J. LEES Defendant(s) PHS # 253740 AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, NA, D/B/A AMERICAS SERVICING COMPANY, 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 160 EAST CUMBERLAND ROAD, ENOLA, PA 17025-2509. Name and address of Owner(s) or reputed Owner(s): Name CHRISTA LEES A/K/A CMUSTA J. WILLIAMS A/K/A CMUSTA J. LEES 2. Name and address of Defendant(s) in the judgment: Name JEFFREY R. LEES JEFFREY R. LEES CHRISTA LEES A/K/A CHRISTA J. WILLIAMS A/K/A CMUSTA J. LEES Address (if address cannot be reasonably ascertained, please so indicate) 160 EAST CUMBERLAND ROAD ENOLA, PA 17025-2509 Address (if address cannot be reasonably ascertained, please so indicate) 9222 CARLISLE ROAD WELLSVILLE, PA 17365 160 EAST CUMBERLAND ROAD ENOLA, PA 17025-2509 160 EAST CUMBERLAND ROAD ENOLA, PA 17025-2509 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) American General Financial Services, Inc. 125 Gateway Drive, Suite 109 Mechanicsburg, PA 17050-2905 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. A# 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 Addr None. ess (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANVOCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA 160 EAST CUMBERLAND ROAD ENOLA, PA 17025-2509 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 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. Date: Z (1 By: A ey 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. 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 AUPOurtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 1 WELLS FARGO SANK, 'NA, DB/A AMERICAS SERVICING COURT OF COMMON PLEAS COMPANY Plaintiff VS. : CIVIL DIVISION : NO.: 10-7514 JEFFREY R. LEES CUMBERLAND COUNTY CHRISTA LEES A/K/A CHRISTA JANE WILLIAMS Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CHRISTA LEES A/K/A CHRISTA J. WILLIAMS A/K/A CHRISTA J. LEES 160 EAST CUMBERLAND ROAD ENOLA, PA 17025-2509 JEFFREY R. LEES 9222 CARLISLE ROAD WELLSVILLE, PA 17365 JEFFREY R. LEES WILLIAMS 160 EAST CUMBERLAND ROAD ENOLA, PA 17025-2509 "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 160 EAST CUMBERLAND ROAD, ENOLA, PA 17025-2509 is scheduled to be sold at the Sheriff's Sale on 06/01/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $61,475.90 obtained by WELLS FARGO BANK, NA, DB/A AMERICAS SERVICING COMPANY (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.) YO 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 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 1 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-7514 WELLS FARGO BANK, NA, DB/A AMERICAS SERVICING COMPANY vs. JEFFREY R. LEES CHRISTA LEES A/K/A CHRISTA J. WILLIAMS A/K/A CHRISTA J. LEES owner(s) of property situate in EAST PENNSBORO TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 160 EAST CUMBERLAND ROAD ENOLA PA 17025-2509 Parcel No. 09-14-0832-286, 09002204 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $61,475.90 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in the township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point in the southerly lime of Cumberland Road at the distance of two hundred fifty-five (255 feet) measured eastwardly along the line of said Cumberland Road from the northeasterly extremity of the arc or curve with a radius of ten feet (10 feet) connecting the easterly line of Brick Church Road with the said southerly line of Cumberland Road; and extending thence along the southerly line of Cumberland Road North seventy-nine degrees forty minutes east (N. 79 degrees 40 minutes E), for a distance of twenty-five (25 feet); extending thence as follows, viz: FIRST, South ten degrees twenty minutes East (S 10 degrees 20 minutes E), for a distance of one hundred sixty and two hundred fifty-five thousandths feet (160.255 feet); SECOND, South eighty degrees fifteen minutes West (S80 degrees 15 minutes W), for a distance of twenty- five and one thousandths feet (25.0001 feet); and, THIRD, North ten degrees twenty minutes West (N 10 degrees 20 minutes W), for a distance of one hundred fifty-nine and seven hundred forty-six thousandths feet (159.746 feet) to the place of BEGINNING. TITLE TO SAID PREMISES VESTED IN Christa J. Williams, by Deed from Jeffery R. Lees and Christa Lees, a/k/a Christa J. Williams, h/w, dated 06/19/2008, recorded 10/31/2008 in Instruments Number 200835651. PREMISES BEING: 160 EAST CUMBERLAND ROAD, ENOLA, PA 17025-2509 PARCEL NO. 09-14-0832-286,09002204 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-7514 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, NA D/B/A AMERICAS SERVICING COMPANY Plaintiff (s) From JEFFREY R. LEES, CHRISTA LEES A/K/A CHRISTA J. WILLIAMS A/K/A CHRISTA J. LEES (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $61,475.90 L. L.$.50 Interest FROM 01/29/2011to Date of Sale ($10.11per diem) - - $1,253.64 Atty's Comm % Atty Paid $204.50 Plaintiff Paid Date: 2/24/11 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs ?v' D. Bue , Prothonotary By: Deputy Name: COURTENAY R. DUNN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 206779 TRUE COPY FROM RECORD N Tl"*nMy wlweof, ?hwe unto . at OZZ. PIa.hand &W ft "W of "M court This r) 2 doW of 201/ C O I , CUMBERLAND LAW JOURNAL Writ No. 2010-7514 Civil Wells Fargo Bank, NA VS. Jeffrey R. Lees, Christa Lees, a/k/a Christa J. Williams a/k/a Christa J. Lees Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 10-7514, WELLS FARGO BANK, NA, D/B/A AMERICAS SERVICING COMPANY vs. JEFFREY R. LEES, CHRISTA LEES A/K/A CHRISTA J. WILLIAMS A/K/A CHRISTA J. LEES, owner(s) of property situate in EAST PENNSBORO TOWNSHIP, Cumber- land County, Pennsylvania, being 160 EAST CUMBERLAND ROAD, ENOLA, PA 17025-2509. Parcel No. 09-14-0832-286, 09002204. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $61,475- .90. 47 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 22, April 29, and May 6, 2011 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. Lisa Marie Coyn , Editor SWORN TO AND SUBSCRIBED before me this ,=da Ma 2011 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. 2020 Technology Pkwy e , a ro ew Suite 300 Now you know Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/22/11 2010.7514 Chill Term 04129/11 Wells Fargo Bank, NA Vs 05/06/11 Jeffrey R Lees Christe Less, aWa Chrlsta J. Lees ms eNa Chrlsta J Willi . a ....... "_`.? .?? .. - `,J . a..... .... . Aty: Daniel Schmleg By virtue of a Writ of Execution NO.10- 7514 2011 A.D. and s?ibscribed bef64 me this 23 day of May t S WE G? BANK, NA, D/B/A WELLS FAR , o worn AMERICAS SERVICING COMPANY .. . . VS. _ ? ; .. J ~ " JEFFREY R. LEES CHRISTA LEES A/K/A CHRISTA J. - - Notary Public WILLIAMS A/K/A CMUSTA J. LEES owner(s) of property situate in EAST PENNSBOROTOWNSHIP, Cumberland COMMONWEALTH OF PENNSYLVANIA County, Pennsylvania, being Notarial Seal (Municipality) 16(1 EAST CUMBERLAND ROAD, Sherrie L Klsner, Notary Public Lower Paxton Twp., Dauphin County ENOLA, PA 17025-2509 My Commission Expires Nov. 26, 2011 Parcel No. 09-14-0832-286,09002204 Pennsylvania Association of Notaries Member address) (Acreage or street , Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $61,475.91,