HomeMy WebLinkAbout11-6876PHELAN 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
WELLS FARGO BANK, N.A.
3476 STATEVIEW BOULEVARD
FORT MILL, SC 29715
Plaintiff
V.
GARY R. SEBOLT, IN HIS CAPACITY
AS EXECUTOR AND DEVISEE OF THE
ESTATE OF RICHARD W. SEBOLT
120 WEDGEWOOD CIR
ETTERS, PA 17319-9381
Defendant
277443
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO. 1`- ?1 lQ ` ?Vl `
CUMBERLAND COUNTY
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
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File #: 277443
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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 #: 277443
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:
GARY R. SEBOLT, IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE
ESTATE OF RICHARD W. SEBOLT
120 WEDGEWOOD CIR
ETTERS, PA 17319-9381
who is/are the Real Owner(s) of the property hereinafter described.
3. On 01/07/2010 RICHARD W. SEBOLT by his Attorney-In-Fact Gary R. Sebolt made,
executed and delivered a mortgage upon the premises hereinafter described to PNC
MORTGAGE, LLC which mortgage is recorded in the Office of the Recorder of
CUMBERLAND County, in Mortgage Instrument No. 201001466. By Assignment of
Mortgage recorded 08/09/2010 the mortgage was assigned to PLAINTIFF which
Assignment is recorded in Assignment of Mortgage Instrument No. 201021902. 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 as a result of the death of mortgagor, RICHARD W. SEBOLT,
on October 6, 2010 and the mortgaged premises is not the principal residence of at least
one surviving borrower as more fully set forth in the said mortgage.
File #: 277443
6.
The following amounts are due on the mortgage as of 08/19/2011:
Principal Balance $101,323.13
Interest $4,123.45
01/29/2010 through 08/19/2011
Late Charges $0.00
Property Inspections $530.00
Servicing Fees $0.00
Mortgage Insurance Premium / $3,427.92
Private Mortgage Insurance
TOTAL $109,404.50
7.
8
9
10
Plaintiff is not seeking a judgment of personal liability (or an in person am 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 pursuant to Act 6 of 1974 is not required because the
defendant is not a "Residential Mortgage Debtor" as defined by the Act, having failed to
provide Plaintiff notice of its acquisition of title.
This action does not come under Act 91 of 1983 because the mortgage is FHA-insured.
Mortgagor RICHARD W. SEBOLT died on 10/06/2010, leaving a Will dated
06/24/1997. Letters Testamentary were granted to GARY R. SEBOLT on 10/22/2010 in
CUMBERLAND COUNTY, No. 21-10-1057. Decedent's surviving heir(s) at law and
next-of-kin is GARY R. SEBOLT.
File #: 277443
11. Plaintiff does not hold the named Defendant, GARY R. SEBOLT, personally liable on
this cause of action. This action is being brought to foreclose the interest of the said
Defendant in the aforesaid real estate only, and the Defendant has been named in
accordance with the requirements of Pa R.C.P. 1144(a)(2) and 20 Pa.C.S.A. § 301(b)
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$109,404.50, 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 HALLINA & SCHMIEG, LLP
By: W wv?'?
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Attorney for Plaintiff
T-Q . (91M
File #: 277443
LEGAL DESCRIPTION
ALL that certain lot or parcel of land together with the improvements thereon erected, situate,
lying and being in the Borough of New Cumberland (formerly Lower Allen Township), in the
County of Cumberland and State of Pennsylvania, being the Western moiety or twenty-five, (25)
feet of lot numbered thirty-three (33) on Plan of property of the Levi Brandt Estate, known as
'Seven Maples No. 1' as recorded in the office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Plan Book No. 1 at page 94 and more particularly bounded and limited
as follows, to wit:
BEGINNING at a point on the southerly line of Tenth Street fifty (50) feet East of the
intersection of Tenth Street with a ten (10) feet wide public alley, at the easterly line of lot
numbered 34 in the above-mentioned plan of lots; thence continuing along the southerly line of
Tenth Street in an easterly direction twenty-five (25) feet, more or less, to the center of the
partition wall separating the property herein described and No. 334 Tenth Street; thence along,
through and beyond said partition wall above mentioned in a southerly direction, at right angles
to Tenth Street, one hundred (100) feet to the northerly line of another ten (10) feet wide public
alley; thence by the northerly line of said alley westwardly a distance of twenty-five (25) feet,
more or less, to the easterly line of lot numbered 34, said first mentioned plan of lots, and thence
by the easterly line of said lot numbered 34 in a northerly direction one hundred (100) feet to the
southerly line of Tenth Street, the point or place of BEGINNING.
BEING the westerly twenty-five (25) feet of lot numbered 33 on said Plan known as 'Seven
Maples No. 1' and having thereon erected the westerly half of a two and one-half story frame
File #: 277443
dwelling house and known and numbered #336 Tenth Street, New Cumberland, Cumberland
County, Pennsylvania.
PROPERTY ADDRESS: 336 10TH STREET, NEW CUMBERLAND, PA 17070-1306
PARCEL # 26-24-0811-241
File #: 277443
VERIFICATION
Garrett Mcmullen, hereby states that he/she is Vice President Loan
Documentation of, WELLS FARGO BANK N.A., 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.
DATE: !/-S/ 19-011
File #: 277443
Name: SEBOLT
Name: Garrett Mcmullen
Title: Vice President Loan
Documentation
WELLS FARGO BANK N.A.
File #: 277443
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
!
Chief Deputy R? l K,-- -7 PH L;:
1:sJ;?ti-s ?,ti_1l? I *r
Richard W Stewart
SOi1CltOr . F c cF PE N "1':r d LVA I I A
Wells Fargo Bank, N.A. Case Number
vs. 2011-6876
Gary R. Sebolt
SHERIFF'S RETURN OF SERVICE
09/06/2011 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: Gary R. Sebolt, but was unable to locate him in his
bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Complaint
In Mortgage Foreclosure according to law.
09/12/2011 10:30 AM - York County Return: And now September 12, 2011 at 1030 hours I, Richard P. Keuerleber,
Sheriff of York 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: Gary R. Sebolt by making
known unto himself personally, at 120 Wedgewood Circle, Etters, Pennsylvania 17319 its contents and at
the same time handing to him personally the said true and correct copy of the same.
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: Gary R. Sebolt, but was unable to locate him in his
bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the
defendant Gary R. Sebolt. Request for service at 336 10th Street, New Cumberland, Pennsylvania 17070
is vacant. The New Cumberland Postmaster has confirmed, Gary R. Sebolt has moved and left no
forwarding address.
SHERIFF COST: $70.00
October 05, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
r}'C'motysulto, sher`t. Tei(Ioso `t Ir r,
FILED-OFFICE
PHELAN HALLINAN & SCHMIEG, LP 'THE PROTHONOTA[ ''Attorney for Plaintiff
Melissa J. Cantwell, Esq., Id. No.3089122012 FEB 21 AM 10: 33
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
CUMBERLAND COUNT`;'
PENNSYLVANIA
WELLS FARGO BANK, N.A. CUMBERLAND COUNTY
VS. COURT OF COMMON PLEAS
GARY R. SEBOLT, IN HIS CAPACITY : CIVIL DIVISION
AS EXECUTOR AND DEVISEE OF THE .
ESTATE OF RICHARD W. SEBOLT : No. 11-6876 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 GARY R. SEBOLT, IN HIS
CAPACITY AS EXECUTOR AND DEVISEE OF THE ESTATE OF RICHARD W.
SEBOLT, 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
$109,453.22
$109,453.22
I hereby certify that (1) the Defendant's last known addresses are 336 10TH STREET,
NEW CUMBERLAND, PA 17070-1306 and 120 WEDGEWOOD CIR, ETTERS, PA 17319-
9381, and (4) tha notice has been given in accordance with Rul Pa.R.C.P 237.1.
Date
Melissa J. Cantwell Esquire CtVo?,
Attorney for Plaintiff C k? 1! $yg?j 1
DAMAGES ARE HEREBY ASSESSED AS INDICATED. oo` 01-71 acs 2 o-040ofi? r?:led
DATE: _??b1/
PHS 4 ?77443
277443
PROTHONOTARY
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.
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
GARY R. SEBOLT, IN HIS CAPACITY .
AS EXECUTOR AND DEVISEE OF THE : No. 11-6876 CIVIL
ESTATE OF RICHARD W. SEBOLT
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 its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of
Congress of 1940, as amended.
(b) that defendant GARY R. SEBOLT, IN HIS CAPACITY AS EXECUTOR
AND DEVISEE OF THE ESTATE OF RICHARD W. SEBOLT is over 18 years of age and the
Defendant's last known addresses are 336 10TH STREET, NEW CUMBERLAND, PA 17070-
1306 and 120 WEDGEWOOD CIRCLE, ETTERS, PA 17319-9381.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
Date J 11/?J,
Melissa J. Cantwell, Esquire
Attorney for Plaintiff
277443
(Rule of Civil Procedure No. 236) - Revised
WELLS FARGO BANK, N.A. CUMBERLAND COUNTY
VS. COURT OF COMMON PLEAS
GARY R. SEBOLT, IN HIS CAPACITY
AS EXECUTOR AND DEVISEE OF THE CIVIL DIVISION
ESTATE OF RICHARD W. SEBOLT
: No. 11-6876 CIVIL
Notice is given that a Judgment in the above captioned matter has been entered
against you on
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 AN A TTEMPT TO COLLECT A DEBT, BUT
ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY"
WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS
CIVIL DIVISON
Plaintiff
V. NO. 11-6876 CIVIL
GARY R. SEBOLT, IN HIS CAPACITY AS CUMBERLAND COUNTY
EXECUTOR AND DEVISEE OF THE ESTATE
OF RICHARD W. SEBOLT
Defendant(s)
TO: GARY R. SEBOLT, IN HIS CAPACITY
ESTATE OF RICHARD W. SEBOLT
120 WEDGEWOOD CIR
ETTERS, PA 17319-9381
DATE OF NOTICE: /
AS EXECUTOR AND DEVISEE OF THE
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 # 277443
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, 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. 3089 ;
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
Phelan Hallinan & Schmieg, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
PHS # 277443
WELLS FARGQ BANK, N.A. COURT OF COMMON PLEAS
CIVIL DIVISON
V,
Plaintiff
NO. 11-6876 CIVIL
GARY R. SEBOLT, IN HIS CAPACITY AS CUMBERLAND COUNTY
EXECUTOR AND DEVISEE OF THE ESTATE
OF RICHARD W. SEBOLT
Defendant(s)
TO: GARY R. SEBOLT, IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE
ESTATE OF RICHARD W. SEBOLT
336 10TH STREET
NEW CUMBERLAND, PA 17007`0-1306
DATE OF NOTICE: °`-
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 # 277443
Office of the Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
(717) 240-6195
PHS # 277443
CUMBERLAND COUNTY BAR
ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
By:
Lawrence T. Phelan, Esq., Id. No. 32227
Francis S. Hallinan, Esq., Id. No. 62695
Daniel G. Schmieg, Esq., Id. No. 62205
Michele M. Bradford, Esq., Id. No. 69849
Judith T. Romano, Esq., Id. No. 58745
Sheetal R. Shah-Jani, Esq., Id. No. 81760
Jenine R. Davey, Esq., Id. No. 87077
Lauren R. Tabas, Esq., Id. No. 93337
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.30895
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
Phelan Haliinan & Schmieg, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO. 11-6876 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 GARY R. SEBOLT, IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE
ESTATE OF RICHARD W. SEBOLT
(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: $109,453.22 L.L.: $.50
Interest from 2/22/2012 to Date of Sale ($17.99 per diem) - $3,544.03
Atty's Comm: % Due Prothy: $2.25
Atty Paid: $209.50 Other Costs:
Plaintiff Paid:
Date: April 3, 2012
David D. Buell, Prothonotary
(Seal)
Deputy REQUESTING PARTY:
Name: JOHN MICHAEL KOLESNIK, ESQUIRE
Address: PHELAN HALLINAN & SCHMIEG, LLP
1617 JFK BOULEVARD, SUITE 1400
PHILADELPHIA, PA 19103
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 308877
PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE)
P.R.C.P. 3180-3183
WELLS FARGO BANK, N.A.
Plaintiff
v
GARY R. SEBOLT, IN HIS CAPACITY AS EXECUTOR AND DEVISEE
OF THE ESTATE OF RICHARD W. SEBOLT
Defendant(s)
To the Prothonotary:
Issue writ of execution in the above matter:
Amount Due
Interest from 02/22/2012 to Date of Sale
($17.99 per diem)
COURT OF COMMON PLEAS
CIVIL DIVISION
NO.: 11-6876 CIVIL
CUMBERLAND COUNTY
$109,453.22
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TOTAL
$3,544.03
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Wan Hallinan & Schmieg, LLP
ohn Michael Kolesnik, Esq., Id. No.308877
Attorney for Plaintiff
Note: Please attach description of property.
PHS # 277443
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LEGAL DESCRIPTION
ALL that certain lot or parcel of land together with the improvements thereon erected, situate, lying and being
in the Borough of New Cumberland (formerly Lower Allen Township), in the County of Cumberland and
State of Pennsylvania, being the Western moiety or twenty-five, (25) feet of lot numbered thirty-three (33) on
Plan of property of the Levi Brandt Estate, known as 'Seven Maples No. 1' as recorded in the office of the
Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book No. 1 at page 94 and more
particularly bounded and limited as follows, to wit:
BEGINNING at a point on the southerly line of Tenth Street fifty (50) feet East of the intersection of Tenth
Street with a ten (10) feet wide public alley, at the easterly line of lot numbered 34 in the above-mentioned
plan of lots; thence continuing along the southerly line of Tenth Street in an easterly direction twenty-five
(25) feet, more or less, to the center of the partition wall separating the property herein described and No. 334
Tenth Street; thence along, through and beyond said partition wall above mentioned in a southerly direction,
at right angles to Tenth Street, one hundred (100) feet to the northerly line of another ten (10) feet wide public
alley; thence by the northerly line of said alley westwardly a distance of twenty-five (25) feet, more or less, to
the easterly line of lot numbered 34, said first mentioned plan of lots, and thence by the easterly line of said
lot numbered 34 in a northerly direction one hundred (100) feet to the southerly line of Tenth Street, the point
or place of BEGINNING.
BEING the westerly twenty-five (25) feet of lot numbered 33 on said Plan known as 'Seven Maples No. 1'
and having thereon erected the westerly half of a two and one-half story frame dwelling house and known
and numbered #336 Tenth Street, New Cumberland, Cumberland County, Pennsylvania.
UNDER and SUBJECT to restrictions and conditions as now appear of record.
TITLE TO SAID PREMISES VESTED IN Richard W. Sebolt, a widower, by Deed from Richard W.
Sebolt, a widower, by and through Gary R. Sebolt, his attorney-in-fact, pursuant to a Letter of Attorney
dated August 21, 2007, dated 01/07/2010, recorded 01/19/2010 in Instrument Number 201001465.
Mortgagor RICHARD W. SEBOLT died on 1010612010, leaving a Will dated 06/24/1997.
Decedent's surviving heir at law and next-of-kin is GARY R. SEBOLT.
PREMISES BEING: 33610TH STREET, NEW CUMBERLAND, PA 17070-1306
PARCEL NO. 26-24-0811-241
PHELAN HALLINAN & SCHMIEG, LLP
John Michael 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
v.
t c3?.,..5 a T1,10
f}
^1. MBERLAND C0U-4 i Y
PENNSYLVANIA
Attorneys for Plaintiff
COURT OF COMMON PLEAS
CIVIL DIVISION
: NO.: 11-6876 CIVIL
GARY R. SEBOLT, IN HIS CAPACITY AS EXECUTOR AND
DEVISEE OF THE ESTATE OF RICHARD W. SEBOLT
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:
(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.S.A. § 4904 relating to unswom falsification to
authorities.
By:
Ph an Hallinan & Schmieg, LLP
hn Michael Kolesnik, Esq., Id. No.308877
Attorney for Plaintiff
WELLS FARGO BANK, N.A.
-Plainifff
V. n
GARY R. SEBOLT, IN HIS CAPACITY
?? '
AND DEVISEE OF THE ESTATE OF( I
SEBOLT
Defendant(s)
COURT OF COMMON PLEAS
CIVIL DIVISION
NO.: 11-6876 CIVIL
CUMBERLAND COUNTY
PHS # 277443
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 33610TH STREET, NEW
CUMBERLAND, PA 17070-1306.
Name and address of Owner(s) or reputed Owner(s):
Name Address (if address cannot be reasonably
ascertained, please so indicate)
GARY R. SEBOLT, IN HIS CAPACITY AS 120 WEDGEWOOD CH2
EXECUTOR AND DEVISEE OF THE ESTATE ETTERS, PA 17319-9381
OF RICHARD W. SEBOLT
2.
3
4
Name and address of Defendant(s) in the judgment:
Name
SAME AS ABOVE
Address (if address cannot be reasonably
ascertained, please so indicate)
Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold:
Name Address (if address cannot be
reasonably ascertained, please indicate)
None.
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 7TH STREET, SOUTHWEST
DEVELOPMENT WASHINGTON, DC 20410
SECRETARY OF HOUSING AND URBAN 3800 MARKET STREET
DEVELOPMENT, CAMP HILL, PA 17011
C/O CORE SETTLEMENT SERVICES
SECRETARY OF HOUSING AND URBAN 9021 MERIDIAN WAY, 1ST FLOOR
DEVELOPMENT, WEST CHESTER, OH 45069
C/O SARAH FAECHER, PNC MORTGAGE,
LLC
SECRETARY OF HOUSING AND URBAN
DEVELOPMENT,
C/O WFHM, FINAL DOCS K2599-024
SECRETARY OF HOUSING AND URBAN
DEVELOPMENT
C/O PNC MORTGAGE, LLC
405 SW 5TH STREET
DESMOINEA, IA 50309
P.O. BOX 11701
NEWARK, NJ 07101
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
336 10TH STREET
NEW CUMBERLAND, PA 17070-1306
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
RICHARD W. SEBOLT, DECEASED,
C/O JAMES D. BOGAR, ESQUIRE
ONE WEST MAIN STREET
SHIREMANSTOWN, PA 17011
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 statements herein are made subject to the penalties
of 18 Pa. C.S.A. § 4904 relating to unswom falsification to authorities.
Date: `a ?9 ay:
P an Hallinan & Schmieg, LLP
hn Michael Kolesnik, Esq., Id. No.308877
Attorney for Plaintiff
AFFIDAVIT OF SERVICE
PLAINTIFF CUMBERLAND COUNTY -_
WELLS FARGO BANK, N.A.
PHS # 277443
DEFENDANT SERVICE TEAM/ lxh' 4 d E
GARY R. SEBOLT COURT NO.: 11-6876 CIVIL
t
?? V
p
SERVE GARY R. SEBOLT AT: ?/
\w
TYPE OF ACTION
120 WEDGEWOOD CIR XX Notice of Sheriffs Sale
ETTERS, PA 17319-9381 SALE DATE: September 5, 2012
SERVED
erved and made known to GARY R. SEBOLT, Defendant on the 7 day of )f*-A L 20 t? at
o'clock n. M., at r?F?va- Ar cSlrpsS in the manner described below:
Y -Z) 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:
Description: Age S'?? _ Height Weight Race \-?N Sex rv - Other
1`?1hTM°S 0?1r"` 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: 4A7 I v NAME: -
PRINTS NAME:
TITLE: ::",.45
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
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
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
Matthew G. Brushwood, Esq., Id. No. 310592
t ~Lf1-t~r~fi1C£
PHELAN HALLINAN & SCHMIEG, LLP
John Michael Kolesnik, Esq., Id. No.308877
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
Attorney for Plai~fj~~ j~ ! 3 ~~ ~O; ~ ~
Ct1M~ERLANt3 COUR
!'EMNSY[.d~q~lA
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A.
Plaintiff,
v.
GARY R. SEBOLT, IN HIS CAPACITY AS
EXECUTOR AND DEVISEE OF TAE ESTATE
OF RICHARD W. SEBOLT
Defendant(s)
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
No.: 11-6876 CIVII.
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 381'n and/or Certified Mail Retu~
Receipt stamped by the U.S. Postal Service is attached Ile~to F~hibit "A".
Date: ~~~12
~T
hael Kolesnik, Esquire
for Plaintiff
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may n
be sold in the absence of a representative of the ulaintiff at the Sheriff s Sale. The sale
must be postponed or stayed in the event that a representative of the plaintiff is not presE
at the sale.
PHS # 277443
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