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HomeMy WebLinkAbout11-6724SHERIFF'S OFFICE OF CUMBERLAND COUNTY - Ronny R Anderson e ; , , Sheriff Jody S Smith 2 f SEP 16 AM 10' 25-1 Chief Deputy Richard W Stewart CUMBERLAW C''I"JJTi^ Solicitor Wells Fargo Bank, NA. vs. Cindy L. Gonzalez Case Number 2011-6724 SHERIFF'S RETURN OF SERVICE 09/14/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Cindy L. Gonzalez, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Cindy L. Gonzalez. Request for service at 110 S. 2nd Street, Wormleysburg, Pennsylvania 17043 is vacant. The Wormleysburg Postmaster has advised, Cindy L. Gonzalez's new address is 3268A E. Harrisburg Pike, Middletown, Pennsylvania 17057. SHERIFF COST: $49.00 SO ANSWERS, (;" Vizz/ ? September 14, 2011 RON R ANDERSON, SHERIFF 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. Scheiner, Esq., Id. No. 308912 1617 JFK Boulevard, Suite 1400 CuR ? `? 2 s ,1BERLA D COU P t .,. rzR,Yll,:pdI^ ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. F/K/A COURT OF COMMON PLEAS WACHOVIA MORTGAGE CORPORATION Plaintiff vs. CINDY L. GONZALEZ Defendants CIVIL DIVISION CUMBERLAND COUNTY No. 11-6724 CIVIL TERM PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE s? I b.bb tl?d o t ??- aces acoS TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN I1 1 Lama:QKe T. Phelan, sq., Id. o. 32227 ? Francis S. Hallman, sq., No. 62695 ? Daniel G. Schmieg, E ., 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 ? Josh Fr6tTman, Esq., Id. No. 205047 ourtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No. 308912 Attorneys for Plaintiff Date: September 28, 2011 /clo, Svc Dept. File# 274597 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff OFVOE- ThE "ERIFF c t IL [ D !,d `? Jody S Smith Chief Deputy Richard W Stewart Solicitor 10rT I ? ?.t4l 10 ti PENNS1°l `,AN"1A Wells Fargo Bank, N.A. vs. Cindy L. Gonzalez Case Number 2011-6724 SHERIFF'S RETURN OF SERVICE 09/30/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Cindy L. Gonzalez, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 10/06/2011 08:26 AM - Dauphin County Return: And now October 6, 2011 at 0826 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Cindy L. Gonzalez by making known unto herself personally, at 3268A E. Harrisburg Pike, Middletown, Pennsylvania 17057 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 October 13, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF (C) CountySuite Sheriff. Telaosoft. I ic. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-6724 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A. F/K/A WACHOVIA MORTGAGE CORPORATION Plaintiff (s) From CINDY L. GONZALEZ (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: 168,671.96 L.L.: $.50 Interest from 11/16/11 to Date of Sale ($27.73 per diem) - $5,656.92 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $233.00 Other Costs: Plaintiff Paid: Date: 2/13/12 L'?'L David D. B ell, Protho ota y (Seal) Deputy REQUESTING PARTY: Name: ANDREW J. MARLEY, ESQUIRE Address: PHELAN HALLINAN & SCHMEIG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 312314 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK, N.A. F/K/A WACHOVIA MORTGAGE COURT OF COMMON PLEAS CORPORATION Plaintiff CIVIL. DIVISION V. NO.: 11-6724 CIVIL TERM CINDY L. GON7ALE7 Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: _ Amount Due $168,671.96 :zm M I - Nr- - mi= Interest from I I A 6/2011 to Date of Sale $5,656.92 r= C') ° C, ($27.73 per diem) = o -n ?a C-) TOTAL /. Al I/ ,$174,328.8,8• _< C Phelan Hallinari & Schmie, P Andrew J. Marley, Esq., I . o.312314 Attorney for Plaintiff Note: Please attach description of property. PHS # 274597 ?%a&sa at6 `m. o? 37. q e csa « 14 . oa ?. 5 0 I"'! ____ ?SdGL J' O O 0 U 4t ? x o? W ? ?H OU O o? w U W a p., U ? W ? or R N `n CAO xw fl) ? wa 0Q ?c 15 Y 0 U W is O a, W /^ o w O ? o ? aQ v A U ? W w` y . ?a Q LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Borough of Wormleysburg, Cumberland County, Pennsylvania, bounded and described in accordance with a survey prepared by Michael C. D'Angelo, Registered Surveyor, dated May 30, 1978, as follows, to wit: BEGINNING at a point on the southwestern side of South 2nd Street, said point being 145.00 feet southeast of the southeast line of Locust Street; thence continuing along South 2nd Street, South 42 degrees 25 minutes 00 seconds East, 29.00 feet to a point on line of lands now or late of James Buck; thence along said lands, South 47 degrees 35 minutes 00 seconds West, 107.60 feet to a pin on the northeast side of Hill Alley (10 feet wide); thence along said alley, North 46 degrees 10 minutes 00 seconds West, 29.06 feet to a pin at line of lands now or late of Mrs. Francis Keffer; thence along lands now or late of Mrs. Francis Keffer, North 47 degrees 35 minutes 00 seconds East, 109.50 feet to a point on the line of South 2nd Street, the place of BEGINNING. HAVING THEREON ERECTED a two and one-half story frame dwelling house known and numbered as 110 S. 2nd Street, Wormleysburg, Pennsylvania. UNDER AND SUBJECT, NEVERTHELESS, to all other conditions and restrictions of record, if any, as they may appear. TITLE TO SAID PREMISES IS VESTED IN Cindy L. Gonzalez, married woman, by Deed from Wayne A. Baldwin, single man, dated 10/25/2006, recorded 10/30/2006 in Book 277, Page 1655. PREMISES BEING: 110 SOUTH 2ND STREET, LEMOYNE, PA 17043-1312 PARCEL NO. 47-20-1858-145 PHELAN HALLINAN & SCHMIEG, LLP Attorneys for Plaintiff Andrew J. Marley, Esq., Id. No.312314 1617 JFK Boulevard, Suite 1400 U o' I L LE One Penn Center Plaza C" THE PROTHONOTAk-i Philadelphia, PA 19103 2011 FEB 13 AMID: 30 215-563-7000 CUMBERLAND COUNTY WELLS FARGO BANK, N.A. F/K/A WA0Vb#3XUftWGAGE COURT OF COMMON PLEAS CORPORATION Plaintiff CIVIL DIVISION V. NO.: 11-6724 CIVIL TERM CINDY L. GONZALEZ Defendant(s) CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied (X) 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.S.A. § 4904 relating to unworn falsification to authorities. i- , I By: / 4/ P ela Hauinan & Sehmieg, LLP ew J. Marley, Esq., Id. No.3 ttornev for Plaintiff WELLS FARGO BANK, N.A. F/K/A WACHOVIA MORTGAGE CORPORATION Plaintiff V . CINDY L. GONZALEZ Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-6724 CIVIL TERM CUMBERLAND COUNTY PHS # 274597 AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, N.A. F/K/A WACHOVIA MORTGAGE CORPORATION, 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 110 SOUTH 2ND STREET, LEMOYNE, PA 17043-1312. 1. Name and address of Owner(s) or reputed Owner(s): r? Name Address (if address cannot be reasonably M irn ascertained, please so indicate) x ?7 W ? ` r-. om ,3 CD CINDY L. GONZALEZ 3268A E HARRISBURG PIKE t -- ? MIDDLETOWN, PA 17057 A? CD ao A 2. Name and address of Defendant(s) in the judgment: v' Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3 4 5. 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) WORMLEYSBURG BOROUGH WORMLEYSBURG BOROUGH ATTN: GARY W. BERRESFORI 20 MARKET STREET WORMLEYSBURG, PA 17043 20 MARKET STREET WORMLEYSBURG, PA 17043 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name TENANT/OCCUPANT Address (if address cannot be reasonably ascertained, please indicate) 110 SOUTH 2ND STREET LEMOYNE, PA 17043-1312 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 FEDERAL BUILDING, P.O. BOX 11754 U.S. ATTORNEY FOR THE MIDDLE 228 WALNUT STREET DISTRICT OF PA HARRISBURG, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. J Date: By: P ela I inan & Sc4imieg, LLP AwIew J. Marley, Esq., Id. No.3 14 Attorney for Plaintiff WELLS FARGO BANK, N.A. F/K/A WACHOVIA COURT OF COMMON PLEAS .MPRTGAGE CORPORATION CIVIL DIVISION Plaintiff : : NO.: 11-6724 CIVIL TERM VS. ``" LEZ N CUMBERLAr49PROg1T99- ZA CINDY L. GO : Defendant(s) . -<3> G, r NOTICE OF SHERIFF'S SALE OF REAL PROPERTY zo C=, - D C TO: CINDY L. GONZALEZ 3268A E HARRISBURG PIKE MIDDLETOWN, PA 17057 "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 110 SOUTH 2ND STREET, LEMOYNE, PA 17043-1312 is scheduled to be sold at the Sheriff's Sale on 06/06/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $168,671.96 obtained by WELLS FARGO BANK, N.A. F/K/A WACHOVIA MORTGAGE CORPORATION (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. 11-6724 CIVIL TERM WELLS FARGO BANK, N.A. F/K/A WACHOVIA MORTGAGE CORPORATION vs. CINDY L. GONZALEZ owner(s) of property situate in the BOROUGH OF WORMLEYSBURG, Cumberland County, Pennsylvania, being (Municipality) 110 SOUTH 2ND STREET, LEMOYNE, PA 17043-1312 Parcel No. 47-20-1858-145 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $168,671.96 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Borough of Wormleysburg, Cumberland County, Pennsylvania, bounded and described in accordance with a survey prepared by Michael C. D'Angelo, Registered Surveyor, dated May 30, 1978, as follows, to wit: BEGINNING at a point on the southwestern side of South 2nd Street, said point being 145.00 feet southeast of the southeast line of Locust Street; thence continuing along South 2nd Street, South 42 degrees 25 minutes 00 seconds East, 29.00 feet to a point on line of lands now or late of James Buck; thence along said lands, South 47 degrees 35 minutes 00 seconds West, 107.60 feet to a pin on the northeast side of Hill Alley (10 feet wide); thence along said alley, North 46 degrees 10 minutes 00 seconds West, 29.06 feet to a pin at line of lands now or late of Mrs. Francis Keffer; thence along lands now or late of Mrs. Francis Keffer, North 47 degrees 35 minutes 00 seconds East, 109.50 feet to a point on the line of South 2nd Street, the place of BEGINNING. HAVING THEREON ERECTED a two and one-half story frame dwelling house known and numbered as 110 S. 2nd Street, Wormleysburg, Pennsylvania. UNDER AND SUBJECT, NEVERTHELESS, to all other conditions and restrictions of record, if any, as they may appear. TITLE TO SAID PREMISES IS VESTED IN Cindy L. Gonzalez, married woman, by Deed from Wayne A. Baldwin, single man, dated 10/25/2006, recorded 10/30/2006 in Book 277, Page 1655. PREMISES BEING: 110 SOUTH 2ND STREET, LEMOYNE, PA 17043-1312 PARCEL NO. 47-20-1858-145 At --% PHELAN HALLMAN & SCI MIEG, LLP Attorney for Plaintiff Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, PA 19103 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. F/K/A WACHOVIA MORTGAGE CORPORATION Plaintiff, V. CINDY L. GONZALEZ Defendant(s) c? - 9J?v CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 11-6724 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 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 Certifi urn Receipt stamped by the U.S. Postal Service is attached hereto `A" ison F. Attorney for Plaintiff Date: v IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the 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 274597 IA ^% y r 0>z y ? _ cv CD Q' N "t ?. x+oo 'vicnH°y?QC?70 CO °y ° Vii'-' ro p o?? d ?iYC???'bybpOy00 0?CD IL I" 00 CO ?N?'i???trsOt=ft t" Hy 5°' C y Gd r7 y pi y ZC} ee b cn C- tv C-! 50 y]?? z? ?HoCpY bd Llro drop ?n oy07dQ NQ`''?,Mdp?sl'??bdM?yHGd?'j+- ?w 021 ? oo ;'d?eyNh?i VDU rr?zi ?HZ? OY OwL=J ro: ?co?:? ? c?M` o°S ?z ? 0.4 W c? W c a gr b °- a yig y b r? K ? H p V1 0 b '. x -33 o ? o B ,u n 5- .µo S o. ?+'. om ? iT, , C c m XU? 2 L 4 a h ? ? 9 n' a 3 7 mod. a. AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, N.A. F/K/A WACHOVIA MORTGAGE CORPORATION DEFENDANT CINDY L. GONZALEZ SERVE CINDY L. GONZALEZ AT: 3268A E HARRISBURG PIKE MIDDLETOWN, PA 17057 PHS # 274597 SERVICE TEAM/ lxh COURT NO.: 11-6724 CIVIL TERM TYPE OF ACTION XX Notice of Sheriffs Sale SALE DATE: June 6, 2012 SERVED t? Served and made known to CINDY L. GONZALEZ, Defendant on the ID day of ,Apr, I 20 I L, at S 2S1 o'clock P. M., at 4-i.-e a6*L.e in the manner described below: _C 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: + 1 It } r _ Description: Age 75 " Height 52 __ Weight 110 - Race W Sex i` Other L ,. n. -) 1?ar1r E1i tiiJr'?U I iF a "! IJ i2l`tY 21 A c°v 1,IVIBERLr?,ND 0 N i ht ?y?.,b?? Rrn?.? 14 be", , 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 penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 4 - 10- t2 NAME: b . I L-- PRINTED NAME: 1 1r 1 5 C?u rl TITLE: wNs{f??r 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 at 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. 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 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 Robert W. Cusick, Esq.. Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R ArideFson 1r ra -Sheriff Jody S Smith Chief Deputy --7-5,12'VIUL 13 PH 3 Richard W Stewart CUMSERLANID UI ",i"i I Solicitor ` I ENHSYLVA'N! -, Wells Fargo Bank, N.A. vs. Case Numberl Cindy L. Gonzalez. 2011-6724 SHERIFF'S RETURN OF SERVICE 03/21/2012 12:45 PM - Deputy Tim Black, being duly sworn according to law, states service was performed by pos?inc a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon tie property located at 110 South 2nd Street, Lemoyne, PA 17043, Cumberland County. 06/06/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice h d been given according to law, he exposed the within described premises at public venue or outcry at th . Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on June 06, 2012 at 10: 0 AM. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $910.78 SO ANSWERS, July 11, 2012 RON R ANDERSON, SHERIFF pd- pd pct 1?0 WELLS F,RGO BANK, N.A. F/K/A WACHOVIA COURT OF COMMON PLEAS MORTGAGE CORPORATION Plaintiff CIVIL DIVISION V. NO.: 11-6724 CIVIL ARM CINDY L. GONZALEZ Defendant(s) CUMBERLAND CO PHS # 274597 AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, N.A. F/K/A WACHOVIA MORTGAGE CORPORATION, Plaintiff in the above undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information co real property located at 110 SOUTH 2ND STREET, LEMOYNE, PA 17043-1312. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) CINDY L. GONZALEZ 3268A E HARRISBURG PIKE MIDDLETOWN, PA 17057 2. Name and address of Defendant(s) in the judgment: by the iv the Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to ?)e sold: Name Address (if address cannot be reasonably ascertained, please indicate) WORMLEYSBURG BOROUGH WORMLEYSBURG BOROUGH ATTN: GARY W. BERRESFORD 20 MARKET STREET WORMLEYSBURG, PA 17043 20 MARKET STREET WORMLEYSBURG, PA 17043 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. • 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 110 SOUTH 2ND STREET' LEMOYNE, PA 17043-1312 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 FEDERAL BUILDING, P.O. BOX 11754 U.S. ATTORNEY FOR THE MIDDLE 228 WALNUT STREET DISTRICT OF PA HARRISBURG, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal) knowledge or information and belief I understand that false statements herein are made subject to theif penalties of 18 Pa. C.S.A. § 4904 relating to unswom falsification to authorities. A?l Date: r / x / lr? a- By: P ela inan & S mieg, y ew .1. Marley, Esq., Id. NoAttorney for Plaintiff r? WELLS FARGO BANK, N.A. F/K/A WACHOVIA MORTGAGE CORPORATION : COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiff : VS. NO.: 11-6724 CIVIL TERM CINDY L. GONZALEZ : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CINDY L. GONZALEZ 3268A E HARRISBURG PIKE MIDDLETOWN, PA 17057 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION BTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BAN UPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT NLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 110 SOUTH 2ND STREET, LEMOYNE, PA 17043-1312 is scheduled to be sold at the Sheriff's Sale on 06/06/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $168,671.96 obtained by WELLS FARGO BANK, N.A. F/K/A WACHOVIA MORTGAGE CORPORATION (the mortgagee) against you. In the even 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 x1 ,30. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the if the judgment was improperly entered. You may also ask the Court to postpone the sale for good c 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 } ou 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 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 th? 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 t e Sheriff within ten (10) clays 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 after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA E A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED ELOW 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 I SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-6724 CIVIL TERM WELLS FARGO BANK, N.A. F/K/A WACHOVIA MORTGAGE CORPORATION vs. CINDY L. GONZALEZ owner(s) of property situate in the BOROUGH OF WORMLEYSBURG, Cumberland County, Pennsylvania, being (Municipality) 110 SOUTH 2ND_ STREET, LEMOYNE, PA 17043-1312 Parcel No. 47-20-1858-145 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $168,671.96 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 C LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Borough of Wormleysburg, Cumberland County, Pennsylvania, bounded and described in accordance with a survey prepared by Michael C. D'Angelo, Registered Surveyor, dated May 30, 1978, as follows, to wit: BEGINNING at a point on the southwestern side of South 2nd Street, said point being 145.0 feet southeast of the southeast line of Locust Street; thence continuing along South 2nd Street, South 42 degrees 25 minutes 00 seconds East, 29.00 feet to a point on line of lands now or late of James Buck; thence along said lands, South 47 degrees 35 minutes 00 seconds West, 107.60 eet to a pin on the northeast side of Hill Alley (10 feet wide); thence along said alley, North 46 degrees 10 minutes 00 seconds West, 29.06 feet to a pin at line of lands now or late of Mrs. Francis Keffer; thence along lands now or late of Mrs. Francis Keffer, North 47 degrees 35 minutes 00 seconds East, 109.50 feet to a point on the line of South 2nd Street, the place of BEGINNING. HAVING THEREON ERECTED a two and one-half story frame dwelling house known and numbered as 110 S. 2nd Street, Wormleysburg, Pennsylvania. UNDER AND SUBJECT, NEVERTHELESS, to all other conditions and restrictions of if any, as they may appear. TITLE TO SAID PREMISES IS VESTED IN Cindy L. Gonzalez, married woman, by Deed from W A. Baldwin, single man, dated 10/25/2006, recorded 10/30/2006 in Book 277, Page 1655. PREMISES BEING: 110 SOUTH 2ND STREET, LEMOYNE, PA 17043-1312 PARCEL, NO. 47-20-1858-145 • WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 11-6724 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A. F/K/A WACHOVIA MORTGAGE CORPORATION Plaintiff (s) From CINDY L. GONZALEZ (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: 168,671.96 L.L.: $.50 Interest: from 11/16/11 to Date of Sale ($27.73 per diem) - $5,656.92 Atty's Comm: 'Yo Due Prothy: $2.25 Atty Paid: $233.00 Other Costs: Plaintiff Paid: Date: 2/13/12 David D. Buell, Prothonot ry I (Seal) Deputy REQUESTING PARTY: Name: ANDREW J. MARLEY, ESQUIRE Address: PHELAN HALLINAN & SCHMEIG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF TRUE COPY FROM REC RD In Testimony whereof, l here unto set hand Telephone: 215-563-7000 and the seal of said at Cad". Supreme Court ID No. 312314 This 0 day of 171-10 La- VZ Prol wnotery ?. T? D' On February 14, 2012 the Sheriff levied upon the defendant's interest in the real property situated in the Borough of Wormleysburg, Cumberland County, PA, known and numbered 110 South 2nd Street, Lemoyne, PA 17043 more fully described on Exhibit"A" filed with this writ and by this reference incorporated herein. Date: February 14, 2012 By: For Claudia Brewbaker, Real Estate Coordinator COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal National Mortgage Assoc is the grantee the same having been old to said grantee on the 6 day of June A.D., 2012, under and by virtue of a writ Execution issued on the 13 day of February, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2 11 Number 6724, at the suit of Wells Fargo Bank N.A. F/K/A Wachovia Corp against Cindy L. Gonzalez is duly recorded as Instrument Number 201221044. IN TESTIMONY WHEREOF, I have hereunto set my hand and sq#l of said office this da of A.D. 2' °lO of My Car W10n Expires Cc", Car"%PA kbft d* 2D14 The Patriot-News Co.. 2020'Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE Zh(Patr1*otA1rXews Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, n the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and Mate aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September loth, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. 'PUBLICATION COPY This ad ran on the date(s) shown bel?w: 04/27/12 05104/12 05111/12 of May, 2012 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial seal Sherrie L. Owens, Notary Public Lower Paxton Twp., Dauphin county my commission Expires Nov. 26, 2015 MEMBER, PENNSYLVANIA A55MIAI1UN bF NV1 PRA- 201 1.6724 CWII Term Wells Fargo Bank, Wad via A f/kla Mortgage Corporation VS Cindy L. Gonzalez Atty: Daniel Schmleg ALL THAT CERTAIN tract or parcel of land situate in the Borough of Wormleysburg, Cumberland County, Pennsylvania, bounded and described in accordance with a survey preparedby Michael C. D'Angelo, Registered Surveyor, dated May 3,0 1978, as follows, to wit: BEGINNING at a point on the southwestern side of South 2nd Street, said point being 145.00 feet southeast of the southeast line of Locust Street; thence continuing along south 2nd Street, South 41 degrees 25 minutes 00 seconds East, 25.00 feet to a point on line of lands now o_ late of James Buck; thence along said lands, south 47 degrees 35 minutes 00 seconds West, 107.60 feet to 10 a pin on the feet wide); northeast along saai? North 46 degrees thence along y' a Pin at t line of lands now or late of Mrs.o Francis Keffer; thence along lands now or late of Mrs. Francis Keffer, North 47 degrees 35 minutes 00 seconds Fast, I .50 feet to a It on the line of South 2n eet, the place of BEGINNING. VING TIIEREON ERECTED a two d one-half story frame dwelling house own aed.numbered as 110 S. 2nd Street, Wormleysburg, Pennsylvania. UNDER AND SUBJECT; NEVERTHELESS, to all other conditions and restrictions of record, if any, as they may appear. TITLE TO SAID PREMISES IS VESTED IN Cindy L. Gonzalez, married woman, by Deed from Wayne A. Baldwin, single man, dated 10/250.006, recorded 10/3012006 in Book 277, Page 1655. PREMISES BEING: 110 SOUTH 2ND STREET, LEMOYNE, PA 17043-1312 PARCEL NO. 47-20-1858-145