Loading...
HomeMy WebLinkAbout11-4641Phelan 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 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. COREY S. SHUMBERGER CRYSTAL L. SHUMBERGER 189 KONHAUS ROAD MECHANICSBURG, PA 17050-3127 Defendants FILED-OFFICE THE PROTHONOTARY 2011 MAY 27 AM 10= 29 (CUMBERLAND COUNTY PENNSYLVANIA ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 11,041 C l) <? CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 269317 269317 %gaoo Fdais a ? ck14 J69 9-sog NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 269317 Plaintiff is WELLS FARGO BANK, N.A 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: COREY S. SHUMBERGER CRYSTAL L. SHUMBERGER 189 KONHAUS ROAD MECHANICSBURG, PA 17050-3127 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/30/2004 COREY S. SHUMBERGER and CRYSTAL L. SHUMBERGIR made, executed and delivered a mortgage upon the premises hereinafter described to THE WASHINGTON SAVINGS BANK, FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1860, Page 1888. By Assignment of Mortgage recorded 08/31/2010 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201024190. 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 11/01/2010 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 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 269317 6. The following amounts are due on the mortgage as of 6/1/2011: Principal Balance $130,369.82 Interest $4,997.52 10/01/2010 through 6/1/2011 Late Charges $128.15 Property Inspections $55.00 Escrow Deficit 702.93 TOTAL $136,253.42 7 8. 9. Plaintiff is not seeking a judgment of personal liability (or an in personam 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. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. File #: 269317 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $136,253.42, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SC.4- fI1TG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ><s a >< , Esq., I d-No. 62695 ? Daniel G. Schmieg, Esq., Id. 6.62205 ? Michele M. Bradford, Esq., 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 ? Courtenoy R. Dunn, Esq., Id. No. 206779 ? rew 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 Attorneys for Plaintiff File #: 269317 VERIFICATION 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: Plaintiff File #: 269317 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor oFFICc '. iii;IFF Aj v 2 I1J , 14 AEI10*2 CUVIIBBLA @ tJUkjN t ,k PEL SYLVAN1€ A Wells Fargo Bank, N.A. Case Number vs. 2011-4641 Corey S. Shumberger (et al.) SHERIFF'S RETURN OF SERVICE 06/02/2011 04:51 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on June 2, 2011 at 1651 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Crystal L. Shumberger, by making known unto Cory S. Shumberger, Husband of Defendant at 189 Konhaus Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. RONALD HOOVER, DEPUTY 06/02/2011 04:51 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on June 2, 2011 at 1651 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Corey S. Shumberger, by making known unto himself personally, at 189 Konhaus Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. RONALD HOOVER, DEPUTY SHERIFF COST: $54.00 June 03, 2011 !c) Cou^iySultc ShErrf't. Tek?c,SOtt. L'r!; SO ANSWERS, RON R ANDERSON, SHERIFF PHELAN HALLINAN & SCHMIEG, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A VS. COREY S. SHUMBERGER CRYSTAL L. SHUMBERGER Attorney for Plaintiff CUMBERLAND COUNTY rte ; COURT OF COMMON PLE vl cwx , CIVIL DIVISION c -- r--. c? r No. 11-4641 CIVIL -! 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 COREY S. SHUMBERGER, and CRYSTAL L. SHUMBERGER, 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 Plaintiffs damages as follows: As set forth in Complaint TOTAL $136,253.42 $136,253.42 I hereby certify that (1) the Defendants' last known address is 189 KONHAUS ROAD, MECHANICSBURG, PA 17050-3127, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date Melissa J. Cantwell, Esquire 0?? Attorney for Plaintiff C"/11 Va aqq DAMAGES ARE HEREBY ASSESSED AS INDICATED. % 9(e07 "I DATE: PHS # 269317 cr2 a( ab P OTHONOTARY 269317 V PHELAN HALLINAN & SCHMIEG, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A VS. COREY S. SHUMBERGER CRYSTAL L. SHUMBERGER Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 11-4641 CIVIL AFFIDAVIT 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 Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant COREY S. SHUMBERGER is over 18 years of age and resides at 189 KONHAUS ROAD, MECHANICSBURG, PA 1 7050-3 1 27. (c) that defendant CRYSTAL L. SHUMBERGER is over 18 years of age and resides at 189 KONHAUS ROAD, MECHANICSBURG, PA 17050-3127. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Melissa J. Cantwe quire Attorney for Plaintiff 269317 (Rule of Civil Procedure No. 236) - Revised WELLS FARGO BANK, N.A CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS COREY S. SHUMBERGER CRYSTAL L. SHUMBERGER CIVIL DIVISION No. 11-4641 CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on p By:" If you have any questions concerning this matter please contact: Melissa J. Cantwell, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY. ** WELLS FARGO BANK, N.A V. COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff COREY S. SHUMBERGER CRYSTAL L. SHLJM13ERGER Defendant(s) TO: CRYSTAL L. SHUM13ERGER 189 KONHAUS ROAD MECHANICSBURG, PA 17050-3127 DATE OF NOTICE: September 20, 2011 NO. 114641 CIVII, CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER, IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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. PHS # 269317 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: Lawrence T. Phelan, 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 /heetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R- Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 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 Phelan Hallman & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 269317 WELLS FARGO BANK, N.A V. COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff COREY S. SHUMBERGER CRYSTAL L. SHUMBERGER Defendant(s) TO: COREY S. SHUMBERGER 189 KONHAUS ROAD MECHANICSBURG, PA 17050-3127 DATE OF NOTICE: September 20, 2011 NO. 11-4641 CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IlIIPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATTON 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. PHS # 269317 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By' --- ?L Lawrence T. Phel , Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 _J. qId. No. 58745 Zhe h T Romano, Es tal R. Shah, Esq., Id. No. 81760 Jenne 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 269317 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NOII-4641 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A. Plaintiff (s) From COREY S. SHUMBERGER AND CRYSTAL L. SHUMBERGER (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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $136,253.42 L. L.: $' 50 Interest from 10/6/2011 to Date of Sale ($22.40 per diem) 43,l1Y4.40 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $186.50 Plaintiff Paid: Late: 12/1/2011 Other Costs: David D. Buell rothonotary (Seal) REQUESTING PARTY: By: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Deputy Telephone: 215-563-7000 Supreme Court ID No, 62205 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WELLS FARGO BANK, N.A. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION V COREY S. SHUMBERGER CRYSTAL L. SHUMBERGER Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due interest from 10/06/2011 to Date of Sale ($22.40 per diem) NO.: 11-4641 CIVIL CUMBERLAND COUNTY $136,253.42 $3,449.60 TOTAL Note: Please attach description of property. PHS # 269317 pq.0o ? Qa .ate -- ,, ,, a2 s o - ,f ESL .Sv - ?< <, 4 a.ao eb $139,703.02 Phelan Hallinan & Schmieg, LLP Daniel G. Schmieg, Esq., Id. No.62205 i Attorney for Plaintiff -OX y M p qtr -' ::0 C7 0M > --? c? C_ = cD ?xJ c,? i?3z4rg N t-- fi o o p', o c- c7 ? 9 Ln pG U ? rn W 00 d U O? 0 p a6,, C? d W ? O? a ? LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINING at a point in the center line of a public township road (T-566), known as Konhaus Road, which said point is in the division line between Lot Nos. 12 and 13 on the hereinafter mentioned Plan of Lots; thence along the division line between Lot Nos. 12 and 13, South 88 degrees 08 minutes 20 seconds West, Three Hundred Eighty-eight and Thirty-five One Hundredths (388.35) feet to a point; thence along the division line between Lot Nos. 13 and 21, Lot Nos. 13 and 20 and Lot Nos 13 and 19 North 17 degrees 03 minutes 02 seconds East, One Hundred Seventy and Thirty-three One Hundredths (170.33) feet to a point in the division line between Lot Nos. 13 and 14 on said Plan; thence along the division line between Lot Nos. 13 and 14, North 88 degrees 08 minutes 20 seconds East, Three Hundred Thirty-three and Fourteen One Hundredths (333.14) feet to a point in the center line of Konhaus Road, (township road T-566); thence along the center line of said road, South 01 degree 51 minutes 40 seconds East, One Hundred Sixty-one and fourteen One Hundredths (161.14) feet to a point in the division line between Lot Nos. 12 and 13 on said Plan, aforementioned at the point and Place of BEGINNING. BEING Lot No. 13 on the Plan of Lots of Clepper Farms, Inc., and known as Ritter Manor, which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 21, page 68. SUBJECT to the set back line, highway right of way easements and reservations and restrictions as shown on said Plan. TITLE TO SAID PREMISES VESTED IN Corey S. Shumberger and Crystal L. Shumberger, h/w, by Deed from Paul E. Shumberger, married man, dated 03/30/2004, recorded 04/12/2004 in Book 262, Page 2197. PREMISES BEING: 189 KONHAUS ROAD, MECHANICSBURG, PA 17050-3127 PARCEL NO. 38-22-0135-011 PHELAN HALLINAN & SCHMIEG, LLP Daniel G. Schmieg, Esq., Id. No.62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff V. COREY S. SHUMBERGER CRYSTAL L. SHUMBERGER Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-4641 CIVIL CUMBERLAND COUNTY 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: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 rel unsworn falsification to authorities. By: _ZS Phelan Hallinan & Schmi,..I Daniel G. Schmieg, Esq., Id. No.62205 Attorney for Plaintiff M M C A WELLS FARGO BANK, N.A. ` Plaintiff V. COREY S. SHUMBERGER CRYSTAL L. SHUMBERGER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-4641 CIVIL CUMBERLAND COUNTY PHS # 269317 AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, N.A., 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 c oncerning the real property located at 189 KONHAUS ROAD, MECHANICSBURG, PA 17050-3127. 1. Name and address of Owner(s) or reputed Owner(s): -- _? Name Address (if address cannot be reasonably -r ascertained, please so indicate) ?M M t r- t nn Corey S. Shumberger 189 Konhaus Road -G -- , , Mechanicsburg, PA 17050-3127 ?? T •. Crystal L. Shumberger 189 Konhaus Road y Mechanicsburg, PA 17050-3127 _ N 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment cre ditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) Discover Bank 6500 New Albany Road New Albany, OH 43054 Discover Bank Weltman, Weinberg & Reis, Co., L.P.A. C/o James C. Warmbrodt, Esquire 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Household Realty Corporation 25 Gateway Drive Gateway Square, Suite 107 Mechanicsburg, PA 17055 Household Realty Corporation C/o Household Finance Corporation Household Realty Corporation C/o Records Processing Services 25 Gateway Drive, Suite 107 Mechanicsburg, PA 17055 577 Lamont Road Elmhurst, IL 60126 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. 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 CLEPPER FARMS, INC. 189 Konhaus Road Mechanicsburg, PA 17050-3127 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 73 W MAIN ST MECHANICSBURG PA 17055-6262 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 unswom falsification to authorities. Date: By: Phelan Ha man & Schmieg, LLP Daniel G. Schmieg, Esq., Id. No.62205 Attorney for Plaintiff WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. NO.: 11-4641 CIVIL COREY S. SHUMBERGER CRYSTAL L. SHUMBERGER CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF' S SALE OF REAL PROPERTY ?L.y+ TO: COREY S. SHUMBERGER CRYSTAL L. SHUMBERGER 189 KONHAUS ROAD MECHANICSBURG, PA 17050-3127 ra "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 189 KONHAUS ROAD, MECHANICSBURG, PA 17050-3127 is scheduled to be sold at the Sheriff s Sale on 03/07/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $136,253.42 obtained by WELLS FARGO BANK, N.A. (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 Sheriffs Sale is not stopped, your property will be sold to the 1-iighest bidder. You may find out the price bid by calling 21.5-50-7000. 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. 11-4641 CIVIL WELLS FARGO BANK, N.A. vs. COREY S. SHUMBERGER CRYSTAL L. SHUMBERGER owner(s) of property situate in the TOWNSHIP OF SILVER SPRING, Cumberland County, Pennsylvania, being (Municipality) 189 KONHAUS ROAD, MECHANICSBURG, PA 17050-3127 Parcel No. 38-22-0135-011 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $136,253.42 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINING at a point in the center line of a public township road (T-566), known as Konhaus Road, which said point is in the division line between Lot Nos. 12 and 13 on the hereinafter mentioned Plan of Lots; thence along the division line between Lot Nos. 12 and 13, South 88 degrees 08 minutes 20 seconds West, Three Hundred Eighty-eight and Thirty-five One Hundredths (388.35) feet to a point; thence along the division line between Lot Nos. 13 and 21, Lot Nos. 13 and 20 and Lot Nos 13 and 19 North 17 degrees 03 minutes 02 seconds East, One Hundred Seventy and Thirty-three One Hundredths (170.33) feet to a point in the division line between Lot Nos. 13 andl4 on said Plan; thence along the division line between Lot Nos. 13 and 14, North 88 degrees 08 minutes 20 seconds East, Three Hundred Thirty-three and Fourteen One Hundredths (333.14) feet to a point in the center line of Konhaus Road, (township road T-566); thence along the center line of said road, South 01 degree 51 minutes 40 seconds East, One Hundred Sixty-one and fourteen One Hundredths (161.14) feet to a point in the division line between Lot Nos. 12 and 13 on said Plan, aforementioned at the point and Place of BEGINNING. BEING Lot No. 13 on the Plan of Lots of Clepper Farms, Inc., and known as Ritter Manor, which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 21, page 68. SUBJECT to the set back line, highway right of way easements and reservations and restrictions as shown on said Plan. TITLE TO SAID PREMISES VESTED IN Corey S. Shumberger and Crystal L. Shumberger, h/w, by Deed from Paul E. Shumberger, married man, dated 03/30/2004, recorded 04/12/2004 in Book 262, Page 2197. PREMISES BEING: 189 KONHAUS ROAD, MECHANICSBURG, PA 17050-3127 PARCEL NO. 38-22-0135-011 a AFFIDAVIT OF SERVICE PLAPTIF'F CUMBERLAND COUNTY C WELLS FARGO BANK, N.A _n PHS # 269317 r __4 ^? DEFENDANT SERVICE TEAM/ lxh 4641 CIVIL 11 O rMQJ Z ? Wi n t^tt -0 COREY S. SHUMBERGER - COURT N .: Z f - ? N ;0C) CRYSTAL L. SHUMBERGER ??7? -- CD Ca SERVE CRYSTAL L. SHUMBERGER AT: TYPE OF ACTION l f Sh iff' S XX N ti Z Cw n 3*' -x-i 'T O 189 KONHAUS ROAD e er s a o ce o 1' rr, Q MECHANICSBURG, PA 17050-3127 SALE DATE: March 7, 2012 C -- --1 C,3 SERVED -'? Served and made known to CRYSTAL L. SHUMBERGER, Defendant on the day of ?4 G 20 t, at f o'clock j?. M., at 1 Q 1-' /W5 iM , in the manner described below: VAdult fendant personally served. family member with whom Defendant(s) reside(s). Relationship is P5M J' CO"q _ 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: n Description: Age 3 S Height S4(oN Weight ?00 Race t-'J Sex k" Other /`*_-b fit' 2 I, T`cs? A4A " a competent adult, hereby verify 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. I understand that this statement is made subject to the s of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: - ?? NAME PRINTED NAME: ::Tgp -Av^"j?" TITLE: P-4dcer-5 NOT SERVED On the day of , 20_, at _ o'clock _ M., Defendant NOT FOUND because: Vacant Does Not Exist - Moved - Does Not Reside (Not Vacant) No Answer on at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF 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 Jay B. Jones, Esq., Id. No. 86657 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 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, N.A PHS # 269317 y ? C7 DEFENDANT SERVICE TEAM/ lxh COREY S. SHUMBERGER COURT NO.: 11-4641 CIVIL ? P?h CRYSTAL L. SHUMBERGER ZW n &E ro yr , SERVE COREY S. SHUMBERGER AT: TYPE OF ACTION 189 KONHAUS ROAD XX Notice of Sheriff's Sale MECHANICSBURG, PA 17050-3127 SALE DATE: March 7, 2012 3 zG -: p SERVED u Served and made known to COREY S. SHUMBERGER Defendant on the 1 day of > 20 -i L( a1: o'clock _P. M., at 1 Ko?-? `? 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: - 'r h Description: Age Height fd Weight ' Race V'-? Sex Other ?'°`' 1, ' Ts P 5 a competent adult, hereby verify 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. I understand that this statement is made subject to the penaltie 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: tZ _ N r ??? PRINTED NAME: ? TT /??"'`A TITLE: P&CC-65 segue NOT SERVED On the day of , 20-, at _ o'clock _. M., Defendant NOT FOUND because: Vacant Does Not Exist - Moved - Does Not Reside (Not Vacant) _ No Answer on at at Service Refused C, ni -0 fn Q ?? ©?i 4 W 3;p Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF 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 Jay B. Jones, Esq., Id. No. 86657 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 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ol' Tf6wo 2012FEB 24 Atttoffl6 ? for Plaintiff r' '1'413E ki NS "D RLA, CQU r?r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A Plaintiff, V. COREY S. SHUMBERGER CRYSTAL L. SHUMBERGER Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 11-4641 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 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 CertiflioAfgfi return Receipt stamped by the U.S. Postal Service is attached hereto Ex iii Allison F. W Attorne for - % _'? Zj V\., Date: 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 4 269317 EXHIBIT"Al) 0. O ? O ro Y .d ? N c y y a a fJ a ? O c ?I b b v w Q h a c C O? b r. p ? 4FIpa+ ?? rn''ld?dO? ?,? Ga???C A t ,, U?Uaa?? ;°Qx?w3a wHZ?>WY. A oxoz' v d x U U Q coo W a, W`?. M C C Z Y S z ° 1 Jj 1 10. ? w U W z U Yom,' 3 w o W A ? a W a a ? ? o z ?O' O O W o F F, H Pa O UW O o 0..aa,, U O?N ?.iW?Pn ?.WG4 E?" ?oO Cl"r UW'"???t,?Q!Y>-UddoF>c d r C>dok ;DWgA0 ay a~? e P4 0 >> W F c ,? " a F W W a ;0 in v) x ? QFVa?caa????o °s--.OvUiQWO UI 41 j I ro `v V ? !l J: c SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Wells Fargo Bank, N.A. vs. Corey S. Shumberger (et al.) 14 ;Nj 2v' f,,R 21 PH 3: CSI, C`i3LAND CCUad 3 y PENNS YLVA'' Case Number 2011-4641 SHERIFF'S RETURN OF SERVICE 01/06/2012 03:02 PM - Deputy Shawn Gutshall, 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 189 Konhaus Road, Mechanicsburg, Cumberland County, PA 17050. 01/06/2012 03:02 PM - Deputy Shawn Gutshall, 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 COREY SHUMBERGER - HUSBAND, who accepted as "Adult Person in Charge" for Crystal L. Shumberger at 189 Konhaus Road, Silver Spring Township, Mechanicsburg, Cumberland County, PA 17050. 01/06/2012 03:02 PM - Deputy Shawn Gutshall, 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: Corey S. Shumberger at 189 Konhaus Road, Silver Spring Township, Mechanicsburg, Cumberland County, PA 17050. 03/06/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. Plaintiff received $23,164.22 in consideration of the stay. SHERIFF COST: $1,097.46 March 21, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF 2.0 p !C? Crunt"Suit: S'errfi (`riP^sOft. b?:; Y NVELLS FARGO BANK, N.A. Plaintiff • ? V COREY S. SHUMBERGER CRYSTAL L. SHUMBERGER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-4641 CIVIL CUMBERLAND COUNTY PHS # 269317 AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, N.A., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe fo - the Writ of Execution was filed, the following information concerning the real property located at 189 KONHAUS ROAD, MECHANICSBURG, PA 17050-3127. I . Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Corey S. Shumberger Crystal L. Shumberger 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 189 Konhaus Road Mechanicsburg, PA 17050-3127 189 Konhaus Road Mechanicsburg, PA 17050-3127 Address (if address cannot be reasonably ascertained, please so indicate) 3. 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) Discover Bank 6500 New Albany Road New Albany, OH 43054 Discover Bank Weltman, Weinberg & Reis, Co., L.P.A. C/o James C. Warmbrodt, Esquire 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Household Realty Corporation 25 Gateway Drive Gateway Square, Suite 107 Mechanicsburg, PA 17055 Household Realty Corporation 25 Gateway Drive, Suite 107 C/o Household Finance Corporation Mechanicsburg, PA 17055 Household Realty Corporation C/o Records 577 Lamont Road Processing Services Elmhurst, IL 60126 V 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. 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 Add( ,f dd b None. ss i a ress cannot e reasonably ascertained, please indicate) 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 CLEPPER FARMS, INC. 189 Konhaus Road Mechanicsburg, PA 17050-3127 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 73 W MAIN ST MECHANICSBURG PA 17055-6262 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: - 'p - t \ s Y Phelan Ha man & Schmieg, LLP Daniel G. Schmieg, Esq., Id. No.62205 Attorney for Plaintiff WELLS FARGO BANK, N.A. Plaintiff V. COREY S. SHUMBERGER CRYSTAL L. SHUMBERGER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-4641 CIVIL CUMBERLAND COUNTY PHS # 269317 AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, N.A., 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 189 KONHAUS ROAD, MECHANICSBURG, PA 17050-3127. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Corey S. Shumberger Crystal L. Shumberger 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 189 Konhaus Road Mechanicsburg, PA 17050-3127 189 Konhaus Road Mechanicsburg, PA 17050-3127 Address (if address cannot be reasonably ascertained, please so indicate) 3. 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) Discover Bank 6500 New Albany Road New Albany, OH 43054 Discover Bank Weltman, Weinberg & Reis, Co., L.P.A. C/o James C. Warmbrodt, Esquire 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Household Realty Corporation 25 Gateway Drive Gateway Square, Suite 107 Mechanicsburg, PA 17055 Household Realty Corporation 25 Gateway Drive, Suite 107 C/o Household Finance Corporation Mechanicsburg, PA 17055 Household Realty Corporation C/o Records 577 Lamont Road Processing Services Elmhurst, HL 60126 I# 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 None. Address (if address cammot 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 189 Konhaus Road Mechanicsburg, PA 17050-3127 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare Harrisburg, PA 17105 Internal Revenue Service Advisory 1000 Liberty Avenue, Room 704 Pittsburgh, PA 15222 U.S. Department of Justice Federal Building, P.O. Box 11754 U.S. Attorney for the Middle District of PA 228 Walnut Street Harrisburg, PA 17108 CLEPPER FARMS, INC. 73 W MAIN ST MECHANICSBURG PA 17055-6262 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information a d b li f n e e . 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: A\-30-( s By, Phelan Ha man & Schmieg, LLP Daniel G. Schmieg, Esq., Id. No.62205 Attorney for Plaintiff WELLS FARGO BANK,'N.A. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. NO.: 11-4641 CIVIL COREY S. SHUMBERGER CRYSTAL L. SHUMBERGER CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: COREY S. SHUMBERGER CRYSTAL L. SHUMBERGER 189 KONHAUS ROAD MECHANICSBURG, PA 17050-3127 "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 189 KONHAUS ROAD, MECHANICSBURG, PA 17050-3127 is scheduled to be sold at the Sheriff s Sale on 03/07/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $136,253.42 obtained by WELLS FARGO BANK, N.A. (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 maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. if the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling, 21 5_56'-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. 11-4641 CIVIL WELLS FARGO BANK, N.A. vs. COREY S. SHUMBERGER CRYSTAL L. SHUMBERGER owner(s) of property situate in the TOWNSHIP OF SILVER SPRING, Cumberland County, Pennsylvania, being (Municipality) 189 KONHAUS ROAD, MECHANICSBURG, PA 17050-3127 Parcel No. 38-22-0135-011 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $136,253.42 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINING at a point in the center line of a public township road (T-566), known as Konhaus Road, which said point is in the division line between Lot Nos. 12 and 13 on the hereinafter mentioned Plan of Lots; thence along the division line between Lot Nos. 12 and 13, South 88 degrees 08 minutes 20 seconds West, Three Hundred Eighty-eight and Thirty-five One Hundredths (388.35) feet to a point; thence along the division line between Lot Nos. 13 and 21, Lot Nos. 13 and 20 and Lot Nos 13 and 19 North 17 degrees 03 minutes 02 seconds East, One Hundred Seventy and Thirty-three One Hundredths (170.33) feet to a point in the division line between Lot Nos. 13 andl4 on said Plan; thence along the division line between Lot Nos. 13 and 14, North 88 degrees 08 minutes 20 seconds East, Three Hundred Thirty-three and Fourteen One Hundredths (333.14) feet to a point in the center line of Konhaus Road, (township road T-566); thence along the center line of said road, South 01 degree 51 minutes 40 seconds East, One Hundred Sixty-one and fourteen One Hundredths (161.14) feet to a point in the division line between Lot Nos. 12 and 13 on said Plan, aforementioned at the point and Place of BEGINNING. BEING Lot No. 13 on the Plan of Lots of Clepper Farms, Inc., and known as Ritter Manor, which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 21, page 68. SUBJECT to the set back line, highway right of way easements and reservations and restrictions as shown on said Plan. TITLE TO SAID PREMISES VESTED IN Corey S. Shumberger and Crystal L. Shumberger, h/w, by Deed from Paul E. Shumberger, married man, dated 03/30/2004, recorded 04/12/2004 in Book 262, Page 2197. PREMISES BEING: 189 KONHAUS ROAD, MECHANICSBURG, PA 17050-3127 PARCEL NO. 38-22-0135-011 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY'OF CUMBERLAND) NO11-4641 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A. Plaintiff (s) From COREY S. SHUMBERGER AND CRYSTAL L. SHUMBERGER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $136,253.42 L. L.: if. SD Interest from 10/6/2011 to Date of Sale ($22.40 per diem) ;1 3,11'19. L b Atty's Comm: % Atty Paid: $186.50 Plaintiff Paid: Date: 12/1/2011 (Seal) REQUESTING PARTY: Due Prothy: $2.00 Other Costs: David D. Bu 1, Prothonotary By: Deputy Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said C rt at Carlisle, Pa. This day of-71 r7 _ g , 20 / Prothono Supreme Court ID No. 62205 On December 19, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA, Known and numbered as, 189 Konhaus Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date December 19, 2011 By: U a-LLL "Ct-4 Real Estate Coordinator Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 C n-? orney For Plaintiff One Penn Center Plaza ' t?= iZiJ i l Philadelphia, PA 19103 215-563-7000 112 11'R -5 AM 10: 11 WELLS FARGO BANK, N.A Plaintiff vs COREY S. SHUMBERGER CRYSTAL L. SHUMBERGER Defendant 9 ' PE ?R L tffi&0 mmon Pleas Civil Division : CUMBERLAND County : I No. 11-4641 CIVIL TO THE PROTHONOTARY: PR AECIPF. 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: PHELA HALLiNAN & S M1EG, LLP B• Lawrence T. Phelan, Esq., Id. No. 3 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 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. Cantwell, Esq., Id. No. 308912 PHS# 269317 Attorneys for Plaintiff a %R'so I I?7U3sa 17 14 0-7 9 4i[! A - PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A Plaintiff vs COREY S. SHUMBERGER CRYSTAL L. SHUMBERGER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 11-4641 CIVIL 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: COREY S. SHUMBERGER CRYSTAL L. SHUMBERGER 189 KON1 AUS ROAD MECHANICSBURG, PA 1 7050-3 1 27 x Date: 2)1'wA'4 /l By: Lawrence T. Phelan, Esq., Id. No. 32 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. Spivaek, 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. Cantwell. Esq., Id. No. 30891 Attorney for Plaintilr