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Home My WebLink About11-6541Phelan 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 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 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff v. 260740 FILED-OFFICE OF THE PROTHONOTARY 2011 AUG 22 AM 4: 16 CUMBERLAND COUNTY PENNSYLVANIA ATTORNEY FOR PLAINTIFF UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARGHERITA DEMARTYN, DECEASED 1103 ALLEN STREET NEW CUMBERLAND, PA 17070-1528 Defendant TERM NO. // CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 260740 0 '#j ? ? 06 ?7 R?A6 3483 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 #: 260740 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: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARGHERITA DEMARTYN, DECEASED 1103 ALLEN STREET NEW CUMBERLAND, PA 17070-1528 who is/are the real owner(s) of the property hereinafter described. 3. On 04/18/2007 MARGHERITA DEMARTYN made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1989, Page 3419. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/22/2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 260740 6. The following amounts are due on the mortgage as of 08/05/2011: Principal Balance $108,080.71 Interest $12,500.86 Property Inspections/Property Preservation $565.00 Mortgage Insurance Premium / $5,355.98 Private Mortgage Insurance TOTAL $126,502.55 7. 9 10 11 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. Mortgagor MARGHERITA DEMARTYN died on 12/22/2009 and, upon information and belief, her surviving heir(s) is CARMELA DEMARTYN. Plaintiff contacted the Register of Wills of CUMBERLAND COUNTY and was informed as of 03/21/2011 no estate has been raised on behalf of the decedent mortgagor. File #: 260740 12. By executed waiver(s), CARMELA DEMARTYN waived her right to be named as a defendant in the foreclosure action. Said waiver(s) is/are attached as Exhibit" _ 13. Plaintiff hereby releases MARGHERITA DEMARTYN, from liability for the debt secured by the mortgage. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $126,502.55, 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. By: PHELAN HALLINAN & SCHhIIEG, LLP ? LawrrTieg, . UanE I . No. 32227 ? FrancHNo. 62695 ? DaniSc No. 62205 ? Mich . , Id. No. 69849 ? Judith T. Romano, Es q., 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 ? hrisovalante 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 Attorneys for Plaintiff File #: 260740 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, County of Cumberland, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by D.P. Raffensperger, Registered Surveyor dated September 17, 1959, as follows: BEGINNING at a point on the southeasterly side of Allen Street (50 feet wide said point being 232.26 feet Northeast of the intersection of Allen Street and Simpson Ferry Road; thence extending along the side of Allen Street North 46 degrees 29 minutes East 60 feet to a corner of Lot No. 36 on the hereinafter mentioned Plan of Lots; thence along Lot No. 36 South 43 degrees 31 minutes East, 105 feet to a corner of Lot No. 49 on the said Plan; thence along Lot No. 49, South 46 degrees 29 minutes West, 55.98 feet to a corner of Lot No. 34 on said Plan; thence extending along the rear line of Lot No. 34, South 86 degrees 16 minutes West, 5.28 feet; thence extending through Lot No. 34, North 43 degrees 31 minutes West, 101.71 feet to the point and place of BEGINNING. BEING all of Lot No. 35 and a small portion of Lot No. 34 on the Plan of Lots entitled 'Forrest Hills' which said plan is recorded in Plan Book 4, Page 54, Cumberland County Records. HAVING thereon erected a one and one-half story frame and stone dwelling house known as No. 1103 Allen Street. BEING the same premises which Eugene K. DeMartyn and Margherita DeMartyn, by Deed dated October 27, 1975, and recorded November 12, 1975, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, in Book I, 26, Page 241, granted and conveyed unto Margherita DeMartyn, Mortgagor herein. PROPERTY ADDRESS: 1103 ALLEN STREET, NEW CUMBERLAND, PA 17070-1528 PARCEL # 26-24-0809-123 File #: 260740 VERIFICATION Amalia Nix, hereby states that he/she is Vice President Loan Documentation of, WELLS FARGO BANK N.A., servicing agent for Plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: Amalia Nix DATE: G I Title: Vice President Loan Documentation Servicer: WELLS FARGO BANK N.A. File #: 260740 Name: DEMARTYN File #: 260740 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ?t"tt, pi Ce,116'.rt FILED-OFEIC' O THE PROTHONOTARY 2011 SEP - I AM 9., 41 Richard W Stewart Solicitor CUMBERLAND COUNTY PENNSYLVANIA Wells Fargo Bank, NA vs. Unknown Heirs Case Number 2011-6541 SHERIFF'S RETURN OF SERVICE 08/26/2011 05:49 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on August 26, 2011 at 1749 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Unknown Heirs, Successors, Assigns and All Persons, Firms or Associations Claiming Right, Title or Interest From or Under Margherita Demartyn, D eased, by making known unto Carmela Demartyn, current resident and Daughter of Defendant at 110 A en Street, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and atInsa e ti a handing to her personally the said true and correct copy of the same. ,DEPUTY SHERIFF COST: $45.00 August 29, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF ;0? C _in-: S A to t ne'l`( ( s F Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227,? ?; 137 2 1 AM Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 i ` t R A NO j e (t ,r Michele M. Bradford, Esq., Id. No. 69849 P W j'' L!? 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 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 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 2 t 5-563-7000 COURT OF COMMON PLEAS WELLS FARGO BANK, N.A. Plaintiff CIVIL DIVISION vs. CUMBERLAND COUNTY UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARGHERITA DEMARTYN, DECEASED Defendants No. 11-6541 CIVIL TERM PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE ?.o?o?oPa °?`1 ek-a C311491 Q+?aal?a?s . ti TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN H?? -S'HMIEG, LLP ] Lawrence T. P Esq., Id. No. 3222 Francis S. Hallinan, Es ., Id. No. 62695 ? Daniel G. Schmieg, Es ., Id. No. 62205 ? Michele M. Bradfor , Esq., Id. No. 69849 ? Judith T. Roman sq., 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 ? nay 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 Attorneys for Plaintiff Date: October 19, 2011 /mig, Svc Dept. File# 260740 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 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff VS. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARGHERITA DEMARTYN, DECEASED Defendant(s) ATTORNEYS FOR PLAINTIFF 1 T i i- 2 3 0 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 11-6541 CIVIL TERM AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular mail to the following persons, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARGHERITA DEMARTYN, DECEASED, at 1103 ALLEN STREET, NEW CUMBERLAND, PA 17070 on October 25, 2011, in accordance with the Order of Court dated September 26, 2011. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. DATE: October 25, 2011 PHS 260740 Phelan Hallinan & By: y -iela chmieg, LLP Lawrence T. Phelan, Esq., 32227 Francis S. Hallinan, Esq. o.62695 Daniel G. Schmieg, Es ., 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 C 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 Attorneys for Plaintiff Phelan Hallinan & Schmieg, LLP Lawrencb 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 1. 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 Andrew Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. r L'" "D-OFFICE Ji. SHE PROTHONOTARY 2012 JAN 19 AM !0.0 4 CUMBERLAND COUNTY PENNSYLVANIA ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY UNKNOWN HEIRS, SUCCESSORS, No. 11-6541 CIVIL TERM ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARGHERITA DEMARTYN, DECEASED Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE u ll, lS jxl A y(a37g ? g ? ae9 ?°y TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELA INAN & SCHMIEG, LLP By: ? 14 awrence 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 ? Andrew Marley, Esq., Id. No. 312314 ? P>abert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 Attorneys for Plaintiff Date: January 11, 2012 /mig, Svc Dept. File# 260740 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Jackie Cox, Sales Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SEN'T'INEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): January 26, 2012 COPY OF NOTICE OF PUBLICATION that he/she is not N her deposes o N m 0 m A E° ° o Q 1 the subject matter of the ;, NO O; o = o ? a =a )lice or advertisement, and that z E d a: o m N W o 3 z is in the foregoing statement as g - r acMT ?LL ?? L'U a m o m Tm J Z o w e and character of publication J = m a c 0' « D 7 7 <, W W Y o? rV ° ? E 0 W- pJ fq OOmO O >} >? >m Z M 2rooc w m3 2? 03 Wa ¢ E aada m Tmc F O a? m w 00 z yZ LL Z W m QENr m c?« 0> LUo OJO 0 r o z o ° x ma pir ¢v Q UO 2 O J .ro ?e 00 V0 4) m E-0 Oa wUH n Tmm w> _OW RG 0 Z O U 0 gym' o `o ? 0 LL ZQ >'W F>?crM LLQ U O Q m °O OQ O TmQ WU <U) ZwQln0 O W a o > Er' '00 o maw _ o - Z W W 'o _J <0 I subs ribed before me this C3m, co W m«mm n U N°T OLL LLW oLr>Oao ¢70 O >_ 0 O Er+ LL -: ota 0 E. O'OL ¢? Ow OUP z u; 3E o _ yLL MW?WW6 m? z OUP: m F ??U o T ca Y~ LL ZOa ° p tnd d m'-W; (D mom ?? P > MWQ J D> OWE a a?F Z wG ar0 JO W? - ?_ m a'U ~GJU v.. ?2>m `m M.;6 y jm ¢¢? w aZ m0 mm NmUIn. o? mVr?>-F- QS Jm o2 c ?° c m O in ; an d 3: E i0? Qy M Notarv Public 'a ipC? 00, o(°mO mC 21'50 LL WW - U VO cEL mm ?m`4aU «m dr_cUF - ?U FU .0'-@ m Q? 00?M°Z «'_ c F- U) wVyj Q?l O Z. Qy? C? CZZ7J m3 mO00zW w~QLL 'UYOF- ~ a3-ma wM o m 21i cc ac 'E 2:.2-g E cn W m OC ? `o m0 50 L3?m v mm 2 E o??-rOQOOZ JLLmQ O y Z3 O m 02 -Do >,o m C' U a IN °, -, mm?g? m? av?`YWQQQ° mexpires: N N TU w m = F= 0 Z z jQON .m.t OOOLO Cm m«yLIQ- ~ Z_F'QW Z m E ami 0 c a m 0 r- 0'g m e 0 8-'JOizQw > my LL c`c i?v L y>'j m L N«a m= w> 0 CC 00 m> C 3w xe maeot m_ 3'c>acnJO?OG .:m_•N OO OUO. 0.0 00. T._ U 12 Cm ?tiHFiLIS! E C'GRO''F ? C ? ? ?? '+^'?J 1',' I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated September 26, 2011 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in The Sentinel on January 26, 2012 and The Cumberland Law Journal on February 3, 2012. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Phelan Hallinan & Schmieg, LLP DATE: February 14, 2012 By: / _ Phelan allinan & Schmieg, LLP Lawr ce 1'. Phelan, Esq., Id. No. 32227 Fra 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 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 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 Andrew J. Marley, Esq., Id. No. 312314 jobert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 Attorneys for Plaintiff PHS # 260740 CLO PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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 iegal 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 February 3, 2012 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. r V Lis Marie Coyne, E itor SWORN TO AND SUBSCRIBED before me this 3 day of February, 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 11-6541 CIVIL TERM Wells Fargo Bank, N.A. vs. Unknown Heirs, Successors, Assigns and All Persons, Firms or Associations Claiming Right, Title or Interest From or Under Margherita DeMartyn, Deceased NOTICE TO Unknown Heirs, Successors, Assigns, and All Persons, Firms or Associations Claiming Right, Title or Interest From or Under Margherita DeMartyn, Deceased: You are hereby notified that on August 22, 2011, Plaintiff, Wells Fargo Bank, N.A., filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of CUMBERLAND County, Pennsylva- nia, docketed to No. 11-6541 CIVIL TERM. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 1103 Allen Street, New Cumberland, PA 17070 whereupon your property would be sold by the Sheriff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE 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 INFORMA- TION 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 RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 Feb. 3 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Jackie Cox, Sales Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): January 26, 2012 COPY OF NOTICE OF PUBLICATION 1 !Q t L J Q t . her deposes that he/she is not `. t 1 the subject matter of the >tice or advertisement, and that is in the foregoing statement as ?e and character of publication ^ V10 pµ 1 g subs ribed before me this gA, < 2612- A.1' Aul IM/1 T Notary Public Y; m expires: RIAL SEAL JHECKENDORN .._ dry Public UARLI SLE BOROUGH, CUMBERLAND CNTY illy Commission Expires Jar: 27, 2014 E PHELAN HALLINAN & SCHMIEG, LL?P t'"Attorney for Plaintiff Dana Ostrovsky, Esq., Id. No.83921 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia., PA 19103 215-563-7000 WELLS FARGO BANK, N.A. VS. PENNSYLVANIA UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARGHERITA DEMARTYN, DECEASED : CUMBERLAND COUNTY . COURT OF COMMON PLEAS : CIVIL DIVISION : No. 11-6541 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against UNKNOWN HEIRS SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARGHERITA DEMARTYN, DECEASED, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint TOTAL $126,502.55 $126,502.55 I hereby certify that (1) the Defendant's last known address is 1103 ALLEN STREET, NEW CUMBERLAND. PA 17070-1528, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. 0.M't I( . S6 f1d 0 C?.?+ Il?(ylg3 Date 37 o? Dan O trovsky, Esquire 0 hce h Atto y for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: V/11 42 _ 2 7t- ff PRO NOTARY 260740 PHELAN HALLINAN & SCHMIEG, LLP Dana Ostrovsky, Esq., Id. No.83921 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia., PA 19103 215-563-7000 WELLS FARGO BANK, N.A. VS. Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, No. I1-6541 CIVIL TERM OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARGHERITA DEMARTYN, DECEASED 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 plaintiff is without sufficient information to determine whether the defendant(s) UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARGHERITA DEMARTYN, DECEASED is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that the plaintiff is without sufficient information to determine whether the defendant UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARGHERITA DEMARTYN, DECEASED is over 18 years of age and resides at 1103 ALLEN STREET, NEW CUMBERLAND, PA 17070-1528. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Y//c // I-) V Dana O r vsky, Esquire Attorn r Plaintiff 260740 (Rule of Civil Procedure No. 236) - Revised WELLS FARGO BANK, N.A. VS. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARGHERITA DEMARTYN, DECEASED : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION No. 11-6541 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on YLI a By. a V, 6 If you have any questions concerning this matter please contact: Phelan Hallinan & Schmieg, LLP Dana Ostrovsky, 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 A TTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THISISNOTAND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONLY ENFORCEMENT OFA LIEN AGAINST PROPERTY. ** WELLS I-ARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISON v. NO. 11-6541 CIVIL TERM UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALIT. PERSONS, FIRMS, OR ASSOCIATIONS CUMBERLAND COUNTY CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARGHERITA DEMARTYN, DECEASED Defendant(s) TO: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER. MARGHERITA DEMARTYN, DECEASED 1103 ALLEN STREET NEW CUMBERL D, PA 17070-1528 DATE OF NOTICE: ? 24:::) 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 F,NFORCEMF.NI' OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRr1"I'EN 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 PEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSF Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 BY ...... ... ........................... Dana Os r) s Esquire Attorney for aintifl' Phelan Hallman & Schmieg, LLP 1617 JFK Boulevard, Suite 1400, One Penn Center Plaza Philadelphia, PA 19103 PHS # 260740 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 11-6541 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 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARGHERITA DEMARTYN, DECEASED (l) 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: $126,502.55 L.L.: $.50 Interest from 4/12/2012 to Date of Sale ($20.79 per diem) - $3,056.13 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $216.25 Other Costs: Plaintiff Paid: ;date: 5/18/12 David D. uell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: ROBERT W. CUSICK, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD, SUITE 1400 PHILADELPHIA. PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 80193 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK, N.A. Plaintiff v UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARGHERITA DEMARTYN, DECEASED Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 04/12/2012 to Date of Sale ($20.79 per diem) TOTAL PheI I Robert Attorney Note: Please attach description of property. PHS # 260740 ? $. sa 1? a Q ys.ad aF 1 0. Do " 10 '0011 ?1.75u IV. 56 #$# ?a??.as?' -awl ,.sou COURT OF COMMON PLEAS CIVIL DIVISION NO.: I1-6541 CIVIL TERM CUMBERLAND COUNTY $126 502.55 -; , ;s $3 056.13 >a , $,W,558.68 ter-, if &,Whmieg, LLP *,(Esq., Id. No.80193 C" u&Vs3q4 ? ? 0,41 c?sa9g ' A x 0 W Q OQ U vi ¢ zW zz?v A c? ?, Oz ?o?Q O > o?2x Con ITI C4 r- O? QW Wry W aA ? Joao Q OQ ? C4 44 r=, C7 ? xz??`?"w o ? ¢ w ? O? 3 ?Wz?aU tea, ?, za,?W¢ W W b zw,?z°w a? Qa 0 z? Qo a 0.0 c? con °> ? o a Q W '-' ?? F h az a? ? Z w On oar - ww w ao z Ua C) Ey x ~ Fy ?° Z W o Q v1 [-? ? isi o oU z x Cd o Y-CU-) w H a4 w t ?U 3 > ?U ?, w ar?¢ PHELAN HALLINAN & SCHMIEG, LLP Robert W. Cusick, Esq., Id. No.80193 _ 1617 JFK Boulevard, Suite 1400 L,(j' N 0 Th e, iE`•? One Penn Center Plaza - Philadelphia, PA 19103 i 12 A Y ! .' AiV1 10: 1t C, 215-563-7000 WELLS FARGO BANK, N.A. EMINSYLVANIA Plaintiff V. Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-6541 CIVIL TERM UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARGHERITA CUMBERLAND COUNTY DEMARTYN, DECEASED 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: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C. 4904 relating to unsworn falsification to authorities. By: Phela allinan & Schmieg, LLP Robert W. Cusick, Esq., Id. No.80193 Attorney for Plaintiff A WELLS FARGO BANK, N.A. Plaintiff ;- Y V. R ^f UNKNOWN HEIRS, SUCCESS6US, ASSIG ALL PERSONS, FIRMS, OR ASSOO ? MOM, CLAIMING RIGHT, TITLE OR I k"% OR UNDER MARGHERITA DEMARTYN, DECEASED Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-6541 CIVIL TERM CUMBERLAND COUNTY PHS # 260740 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 1103 ALLEN STREET, NEW CUMBERLAND, PA 17070-1528. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, 1103 ALLEN STREET AND ALL PERSONS, FIRMS, OR NEW CUMBERLAND, PA 17070-1528 ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARGHERITA DEMARTYN, DECEASED 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 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) SECRETARY OF HOUSING AND URBAN 451 SEVENTH STREET, SOUTHWEST DEVELOPMENT WASHINGTON, DC 20410 SECRETARY OF HOUSING AND URBAN ATTN: JILL HIBBARD DEVELOPMENT C/O WELLS FARGO BANK 9021 MERIDAN WAY MAC M6964-012 NA WEST CHESTER, OH 45069 SECRETARY OF HOUSING AND URBAN DEVELOPMENT C/O WFHM FINAL DOCS X9999-O1 M Name and address of every other person who has Name 1000 BLUE GENTIAN RD EAGAN, MN 55121 my record lien on the property: Address (if address cannot be reasonably ascertained, please indicate) None. J 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 1103 ALLEN STREET NEW CUMBERLAND, PA 17070-1528 COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION 6TH FLOOR, STRAWBERRY SQ. DEPT 280601 HARRISBURG, PA 17128 DEPARTMENT OF PUBLIC WELFARE, TPL P.O. BOX 8486 CASUALTY UNIT, ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG, PA 17105 CARMELA DEMARTYN 1103 ALLEN STREET NEW CUMBERLAND, PA 17070 DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 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 sta en erein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to a orities. Date: (v By: Phela HA & Schmieg, LLP Robert W-Cu-sick, Esq., Id. No.80193 Attorney for Plaintiff WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. : NO.: 11-6541 CIVIL TERM UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, CUMBERLAND COUNTY TITLE OR INTEREST FROM OR UNDER MARGHERITA DEMARTYN, DECEASED Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY E z ;'. TO: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR r• =- -: ASSOCIATIONS CLAIMING RIGHT, TITLE , r- OR INTEREST FROM OR UNDER :. `` MARGHERITA DEMARTYN, DECEASED 1103 ALLEN STREET NEW CUMBERLAND, PA 17070-1528 "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 1103 ALLEN STREET, NEW CUMBERLAND, PA 17070-1528 is scheduled to be sold at the Sheriff's Sale on 09/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $126,502.55 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 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. 11-6541 CIVIL TERM WELLS FARGO BANK, N.A. vs. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARGHERITA DEMARTYN, DECEASED owner(s) of property situate in the BOROUGH OF NEW CUMBERLAND, Cumberland County, Pennsylvania, being (Municipality) 1103 ALLEN STREET, NEW CUMBERLAND, PA 17070-1528 Parcel No. 26-24-0809-123 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $126,502.55 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 Borough of New Cumberland, County of Cumberland, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by D.P. Raffensperger, Registered Surveyor dated September 17, 1959, as follows: BEGINNING at a point on the southeasterly side of Allen Street (50 feet wide said point being 232.26 feet Northeast of the intersection of Allen Street and Simpson Ferry Road; thence extending along the side of Allen Street North 46 degrees 29 minutes East 60 feet to a corner of Lot No. 36 on the hereinafter mentioned Plan of Lots; thence along Lot No. 36 South 43 degrees 31 minutes East, 105 feet to a corner of Lot No. 49 on the said Plan; thence along Lot No. 49, South 46 degrees 29 minutes West, 55.98 feet to a corner of Lot No. 34 on said Plan; thence extending along the rear line of Lot No. 34, South 86 degrees 16 minutes West, 5.28 feet; thence extending through Lot No. 34, North 43 degrees 31 minutes West, 101.71 feet to the point and place of BEGINNING. BEING all of Lot No. 35 and a small portion of Lot No. 34 on the Plan of Lots entitled 'Forrest Hills' which said plan is recorded in Plan Book 4, Page 54, Cumberland County Records. TITLE TO SAID PREMISES VESTED IN Margherita DeMartyn, by Deed from Eugene K. DeMartyn and Margherita DeMartyn, dated 10/27/1975, recorded 11/12/1975 in Book 26-I, Page 241. And the said owner MARGHERITA DEMARTYN departed this life on 12/22/09, and upon information and belief her heirs or devisees, and personal representatives are unknown. PREMISES BEING: 1103 ALLEN STREET, NEW CUMBERLAND, PA 17070-1528 PARCEL NO. 26-24-0809-123 _~cJ-~;~- i- kClr PHELAN HALLINAN & SCHMIEG, LLP Attorney for ~~tjf£~ ' ~ John Michael Kolesnik, Esq., Id. No.308877 A(,! ~~~( ~~: ~ ~ 1617 JFK Boulevard, Suite 1400 ~~~~~~A~O CQV~~~" One Penn Center Plaza FEP~;~SYLVANfA Philadelphia, PA 19103 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff, v. UNKNOWN HEIItS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARGHERITA DEMARTYN, DECEASED Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 11-6541 CIVIL TERM 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 the persons or parties named, at that address, set forth on the Affidavit and as amended applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Retu~ Receipt stamped by the U.S. Postal Service is attacheyYGe~,eto~l"i3Bit "A". Date: l2 hael Kolesnik, Esquire for Plaintiff IMPORTANT NOTICE: This property is s!61d at the direction of the plaintiff. It may ni be sold in the absence of a representative of the plaintiff at the Sheriff s Sale. 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