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HomeMy WebLinkAbout11-7648PHELAN 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. LEE E. VANASDLEN SARA E. VANASDLEN 130 OLD GAP ROAD CARLISLE, PA 17013-8637 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 1164 FEDERAL BUILDING, 228 WALNUT STREET HARRISBURG, PA 17101 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 274579 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION 274579 TERM r NO. ?1-I CUMBERLAND COUNTY,) -<> C-D 0& try o8 ?, avst?? i 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 #: 274579 1. 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: LEE E. VANASDLEN SARA E. VANASDLEN 130 OLD GAP ROAD CARLISLE, PA 17013-8637 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 1164 FEDERAL BUILDING, 228 WALNUT STREET HARRISBURG, PA 17101 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/30/2004 LEE E. VANASDLEN and SARA E. VANASDLEN made, executed and delivered a mortgage upon the premises hereinafter described to WASHINGTON MUTUAL BANK, FA. A FEDERAL ASSOCIATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1878, Page 4472. By Assignment of Mortgage recorded 03/23/2007 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 735, Page 1719. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2011 and each month thereafter are due and unpaid, and by the terms File #: 274579 of said mortgage, upon failure of mortgagor to make such payments after a date specified 6 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage as of 06/11/2011: Principal Balance $123,061.11 Interest $2,829.98 02/01/2011 through 06/11/2011 Late Charges $1,337.60 Property Inspections $70.00 Subtotal $127,298.69 Escrow Credit 931.86 TOTAL $126,366.83 7 8. 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. File #: 274579 9. The United States of America is made a Defendant herein pursuant to 28 U.S.C. 2410, because of federal tax liens that have been filed with the Prothonotary of CUMBERLAND County in the Judgment Index Unit as follows: (a) United States vs. LEE E. VANASDLEN; CUMBERLAND County Docket No. 2010-02026; filed 03/23/2010; in the amount of $104,256.52 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $126,366.83, 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 Allison F. Wells, Euire 0 )ek 1-t (- L3 WI/ AftexncKfor Plainti File #: 274579 LEGAL DESCRIPTION TRACT NO. 1 ALL That certain piece or parcel of land situate in North Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point at the Southwest corner of other land conveyed by the Grantor to the Grantees at line of land of Robert D. Howard et ux; thence along said land of Howard South 59 degrees 32 minutes West, a distance of 123 feet, more or less, to a point in the right of way line of Pennsylvania Route 74; thence along said right of way line North 15 degrees 28 minutes West, a distance of 127 feet, more or less; thence along the same North 74 degrees 32 minutes East, a distance of 10 feet to a point; thence along other land of the Grantor North 59 degrees 32 minutes East, a distance of 79 feet, more or less, to a point in line of land of the Grantees; thence along said land of the Grantees South 30 degrees 28 minutes East, a distance of 120 feet to a point, the place of Beginning. TRACT NO.2 All those two certain lots of land situate in the Township of North Middleton, County of Cumberland and State of Pennsylvania, being known and numbered as Lots Nos. 18 and 19 on the Plan of Kruger Heights, which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 5, page 14, and being more particularly bounded and described as follows: File #: 274579 BEGINNING at a spike and cap in the center of the public road leading from Carlisle to Waggoner's Gap at the dividing line between Lots Nos. 17 and 18 on the hereinbefore mentioned Plan of Lots; thence along said dividing line between Lots Nos. 17 and 18 south fifty-nine (59) degrees thirty-two (32) minutes west, a distance of two hundred (200) feet to an iron pin in line of other land of Kruger Dairy Farms; thence along said other land of Kruger Dairy Farms north thirty (30) degrees twenty-eight (28) minutes west, a distance of one hundred twenty (120) feet to an iron pin on the dividing line between Lots Nos. 19 and 20 on the hereinbefore mentioned Plan of Lots; thence along said dividing line between Lots Nos. 19 and 20, as aforesaid, north fifty- nine (59) degrees thirty two (32) minutes east, a distance of two hundred (200) feet to a spike and cap in the center of the Waggoner's Gap Road; thence along the center line of said Road south thirty (30) degrees twenty-eight (28) minutes east, a distance of one hundred twenty (120) feet to a spike and cap in the center of said Road, the place of Beginning. CONTAINING 12,530 square feet, more or less. PROPERTY ADDRESS: 130 OLD GAP ROAD, CARLISLE, PA 17013-8637 PARCEL # 29-07-0471-023 File #: 274579 VERIFICATION Tracy Archuleta, hereby states thatX/she is Vice President Loan Documentation of WELLS FARGO BANK, N.A., in this matter, that h f/she is authorized to take this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of k/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: 114-- v/ i Name: Vanasdlen File4 274579 4ao?? amocot Name: Tracy Archuleta Title:Vice President Loan Documentation 032-PA-V2 PHELAN HALLINAN & ?CHMIEG, LLP Robert W. Cusick, Esq., Id. No.80193 1617 JFK Boulevard, Suite 11400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, I.A. LEE E. VANASDLEN SARA E. VANASDLEN THE UNITED STATES C/O THE UNITED STA FOR THE MIDDLE DI', TO THE PROTHONOT Kindly enter within 20 days from servic assess Plaintiff's damages Attorney for Plaintiff : COURT OF COMMON PLEAS : CUMBERLAND COUNTY IF AMERICA CIVIL DIVISION C") = ES ATTORNEY rn C: 'RICT OF PA No. 11-7648-CIVIL * C-.) C.)r- N ?? FOR IN REM JUDGMENT FOR FAILURE TO r-? -?a --4 CD WER AND ASSESSMENT OF DAMAGES 5? -r; °rrn Y: .,? .. -C ca ? ;nt in favor of the Plaintiff and against LEE E. VANASDLEN , and )efendant(s) for failure to file an Answer to Plaintiff's Complaint thereof and for foreclosure and sale of the mortgaged premises, an d s follows: As set forth in Complaint Interest TOTAL $126,366.83 $126,366.83 I hereby certify that II(1) the Defendants' last known address is 130 OLD GAP ROAD, CARLISLE, PA 17013-8637, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date Rob W. Cusick, Esquire Attorney for Plaintiff DAMAGES ARE HEREB? ASSESSED AS INDICATED. DATE: _?t?'? I,, •? PHS a 274579 PROTHONOTARY 414.oo Pa ATrf e'* Ii3gaI s r2#J6897(o . 274579 PHELAN HALLINAN & $CHMIEC Robert W. Cusick, Esq., Id. No.80193 1617 JFK Boulevard, Suite 11400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. VS. LEE E. VANASDLEN SARA E. VANASDLEN THE UNITED STATES C/O THE UNITED STA' FOR THE MIDDLE DIS The undersi Plaintiff in the above-cal of the following facts, to LLP AMERICA ATTORNEY ICT OF PA Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 11-7648-CIVIL VIT OF NON-MILITARY SERVICE attorney hereby verifies that he/she is the attorney for the matter, and that on information and belief, he/she has knowledge (a) that the States or its Allies, or othe Congress of 1940, as amer (b) that 130 OLD GAP ROAD, (c) that 130 OLD GAP ROAD, :endant(s) is/are not in the Military or Naval Service of the United se within the provisions of the Servicemembers Civil Relief Act of nt LEE E. VANASDLEN is over 18 years of age and resides at SLE, PA 17013-8637. it SARA E. VANASDLEN is over 18 years of age and resides at SLE, PA 17013-8637. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsific tion to authorities. I Date Cusick, Esquire Attorney for Plaintiff 274579 WELLS FARGO BANK, N.A. Plaintiff V. LEE E. VANASDLEN SARA E. VANASDLEN THE UNITED STATES OF MERICA C/O THE UNITED STATES ATTORIS Y FOR THE MIDDLE DISTRICT OF PA Defendant(s) TO: LEE E. VANASDLEN 130 OLD GAP ROAD CARLISLE, PA 17013-637 DATE OF NOTICE: November 22, 2011 COURT OF COMMON PLEAS CIVIL DIVISON NO. 11-7648-CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEB COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN 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 OBJE ONS 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 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 R TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. PHS # 274579 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 ATII,A REDUCED FEE OR NO FEE. Office of the Pro otary CUMBERLAND COUNTY BAR Cumberland County C urthouse ASSOCIATION 1 Courthouse Sq CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17 13 2 LIBERTY AVENUE (717) 240-619 CARLISLE, PA 17013 (717) 249-3166 By: el , fAtto soQ rninti ff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 IPHS # 274579 WELLS FARGO BANK, N.A41 Plaintiff V. LEE E. VANASDLEN SARA E. VANASDLEN THE UNITED STATES OF ? AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA' Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISON NO. I1-7648-CIVIL CUMBERLAND COUNTY TO: SARA E. VANASDLEN 130 OLD GAP ROAD CARLISLE, PA 17013-637 DATE OF NOTICE: November 22, 2011 THIS FIRM IS A DEB COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY ORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPOND CE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLL A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IlVIPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALL OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR 01 JE ONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FRO 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 O TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH ORMATION ABOUT HIRING A LAWYER. i i 7 f PHS # 274579 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 A A REDUCED FEE OR NO FEE. Office of the Proth notary CUMBERLAND COUNTY BAR Cumberland County urthouse ASSOCIATION 1 Courthouse Sq CUMBERLAND COUN'T'Y COURTHOUSE Carlisle, PA 17 13 2 LIBERTY AVENUE (717) 240-619 CARLISLE, PA 417013 (717) 249- Allison F. Wells, Es ure inti f Phelan Hallinan 8c chmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 274579 (Rule of Civil Procedure No. 236) - Revised WELLS FARGO BANK, N.A. CUMBERLAND COUNTY VS. LEE E. VANASDLEN SARA E. VANASDLEN THE UNITED STATES F AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 11-7648-CIVIL Notice is givlen that a Judgment in the above captioned matter has been entered against you on o2 B% a If you have ny questions concerning this matter please contact: Robert W. Cusick, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 "THIS THIS FIRM IS A DEB COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION O TAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RE EIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONS RUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN A GAINST PROPERTY" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-7648 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 LEE E. VANASDLEN, SARA E. VANASDLEN (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: 126,366.83 L.L.: $.50 Interest from 12/28/11 to Date of Sale ($20.77 per diem) - $3,364.74 Atty's Comm: % Due Prothy: $2.25 Arty Paid: $187.00 Other Costs: Plaintiff Paid: Date: .113/12 t David D. Buell, Prothonotarv (Seal) By: Deputy REQUEST ING 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. COURT OF COMMON PLEAS Plaintiff V. LEE E. VANASDLEN SARA E. VANASDLEN Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due interest from 12/28/2011 to Date of Sale ($20.77 per diem) TO-J'AL CIVIL DIVISION NO.: 11-7648-CIVIL CUMBERLAND COUNTY C $126,366.83y w c'? $3,364.74 yo Cr" $129.731.57 Phelan Hallinan & Schmieg, L Andrew J. Marley, Esq., Id. 12314 Attorney for Plaintiff Note: Please attach description of property. PHS # 274579 C,)g. sc S o. Cc) F 9a. cc> 4 1 1.oc 4 C;2. ? :i; gq , PI d. 5v ?? wli-4 w " o0 R o? W ka PO- a Aid ? a ? a ? a', W C7 3 >Atn wo o` a n ?U r O? W Z a oa d O U Uw a H O W W 4 0, H aUi a A d? ? W o Ewa w io 6, w w a? 46 J W w a Ra _?d LEGAL DESCRIPTION TRACT NO. 1 ALL THOSE TWO CERTAIN lots of land situate in the township of North Middleton, County of Cumberland, Commonwealth of Pennsylvania, being known and numbered as Lots Nos. 18 and 19 on the Plan of Kruger Heights, which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 5, page 14, and being more particularly bounded and described as follows: BEGINNING at a spike and cap in the center of the public road leading from Carlisle to Waggoner's Gap at the dividing line between Lots Nos. 17 and 18 on the hereinbefore mentioned Plan of Lots; thence along said dividing line between Lots Nos. 17 and 18 south fifty-nine (59) degrees thirty-two (32) minutes west, a distance of two hundred (200) feet to an iron pin in line of other land of Kruger Dairy Farms; thence along said other land of Kruger Dairy Farms north thirty (30) degrees twenty-eight (28) minutes west, a distance of one hundred twenty (120) feet to an iron pin on the dividing line between Lots Nos. 19 and 20 on the hereinbefore mentioned Plan of Lots; thence along said dividing line between Lots Nos. 19 and 20, as aforesaid, north fifty-nine (59) degrees thirty two (32) minutes east, a distance of two hundred (200) feet to a spike and cap in the center of Waggoner's Gap Road; thence along the center line of said Road south thirty (30) degrees twenty-eight (28) minutes east, a distance of one hundred twenty (120) feet to a spike and cap in the center of said road, the place of BEGINNING. TRACT No. 2 ALL THAT CERTAIN piece or parcel of land situate in North Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point at the Southwest corner of other land conveyed by the land now or formerly of Kruger Dairy Farms to the land now or formerly of Harold E. Boldosser also known as Mary J. Boldosser at line of land of Robert D. Howard et ux; thence along said land of Howard South 59 degrees 32 minutes West; a distance of 123 feet, more or less, to a point in the right of way line of Pennsylvania Rout 74; thence along said right of way line North 15 degrees 28 minutes West, a distance of 127 feet, more or less; thence along the same North 74 degrees 32 minutes East, a distance of 10 feet to a point; thence along other land of the Grantor North 59 degrees 32 minutes East, a distance of 79 feet, more or less, to a point in line of land of the land now or formerly of Harold E. Boldosser and Mary J. Boldosser; thence along said land now or formerly of Harold E. Boldosser and Mary J. Boldosser, South 30 degrees 28 minutes East, a distance of 120 feet to a point, the place of BEGINNING. CONTAINING 12,530 square feet, more or less UNDER AND SUBJECT to any existing covenants, easements, encroachments, conditions, restrictions, and agreements affecting the property. TITLE TO SAID PREMISES IS VESTED IN Lee E. Vanasdlen and Sara E. Vanasdlen, h/w, by Deed from Harold E. Boldosser and Mary Jane Boldosser, aka, Mary J. Boldosser, h/w, dated 08/30/2004, recorded 08/30/2004 in Book 264, Page 4718. PREMISES BEING: 130 OLD GAP ROAD, CARLISLE, PA 17013-8637 PARCEL NO. 29-07-0471-023 PHELAN HALLINAN & SCHMIEG, LLP Andrew J. Marley, Esq., Id. No.312314 Ol ? CE 1617 JFK Boulevard, Suite 1400 ????` U,q..,???? pROTHaKoTAR"s One Penn Center Plaza Philadelphia, PA 19103 ?p1Z FEB 13 10' 46 215-563-7000 flvNj ? WELLS FARGO BANK, N.A. Plaintiff V. LEE E. VANASDLEN SARA E. VANASDLEN Defendant(s) CluMBBRLA"u nosyi 041 CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-7648-CIVIL CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) 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 unsworn falsification to authorities. _ I By, n Hallinan & Sch Meg, ] drew J. Marley, Esq., Id. No Attorney for Plaintiff , r J WELLS FARGO BANK, N.A. Plaintiff v. LEE E. VANASDLEN SARA E. VANASDLEN Defendant(s) 1?k O-Gr'-- ur a t E}SRO T HONOTAR' 2012 FEB 13 AM 10: 4 1 CU PENNSYLDVAN A TY COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-7648-CIVIL CUMBERLAND COUNTY PHS # 274579 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 130 OLD GAP ROAD, CARLISLE, PA 17013-8637. 1. 2. Name and address of Owner(s) or reputed Owner(s): Name LEE E. VANASDLEN SARA E. VANASDLEN Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) 130 OLD GAP ROAD CARLISLE, PA 17013-8637 130 OLD GAP ROAD CARLISLE, PA 17013-8637 Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3 4. 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) YORK WASTE DISPOSAL YORK WASTE DISPOSAL, INC 1110 EAST PRINCESS ST YORK, PA 17405 3730 SANDHURST DRIVE YORK, PA 17406 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) DEPARTMENT OF TREASURY INTERNAL 477 MICHIGAN AVENUE REVENUE SERVICE DETROIT, MI 48226 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 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) TENANVOCCUPANT DOMESTIC RELATIONS OF CUMBERLAND COUNTY 130 OLD GAP ROAD CARLISLE, PA 17013-8637 13 North Hanover Street Carlisle, PA 17013 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM P.O. BOX 2675 HARRISBURG, PA 17105 6TH FLOOR, STRAWBERRY SQ., DEPT 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: b By: Ppe!.pd Hallinan & Schmieg, LLP prldrew J. Marley, Esq., Id. No.3123 Attorney for Plaintiff i WELLS FARGO BANK, N.A. FILED-OFFICE. COURT OF COMMON PLEAS OF THE PiROTHONOTAR`r laintiff CIVIL DIVISION 2012 FEB 13 AM IO: t 7 VS. CUMBERLAND COUNTY NO.: 11-7648-CIVIL PENNSYLVANIA LEE E. VANASDLEN SARA E. VANASDLEN CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: LEE E. VANASDLEN SARA E. VANASDLEN 130 OLD GAP ROAD CARLISLE, PA 17013-8637 "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 130 OLD GAP ROAD, CARLISLE, PA 17013-8637 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 $126,366.83 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 LEGAL DESCRIPTION TRACT NO. 1 ALL THOSE TWO CERTAIN lots of land situate in the township of North Middleton, County of Cumberland, Commonwealth of Pennsylvania, being known and numbered as Lots Nos. 18 and 19 on the Plan of Kruger Heights, which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 5, page 14, and being more particularly bounded and described as follows: BEGINNING at a spike and cap in the center of the public road leading from Carlisle to Waggoner's Gap at the dividing line between Lots Nos. 17 and 18 on the hereinbefore mentioned Plan of Lots; thence along said dividing line between Lots Nos. 17 and 18 south fifty-nine (59) degrees thirty-two (32) minutes west, a distance of two hundred (200) feet to an iron pin in line of other land of Kruger Dairy Farms; thence along said other land of Kruger Dairy Farms north thirty (30) degrees twenty-eight (28) minutes west, a distance of one hundred twenty (120) feet to an iron pin on the dividing line between Lots Nos. 19 and 20 on the hereinbefore mentioned Plan of Lots; thence along said dividing line between Lots Nos. 19 and 20, as aforesaid, north fifty-nine (59) degrees thirty two (32) minutes east, a distance of two hundred (200) feet to a spike and cap in the center of Waggoner's Gap Road; thence along the center line of said Road south thirty (30) degrees twenty-eight (28) minutes east, a distance of one hundred twenty (120) feet to a spike and cap in the center of said road, the place of BEGINNING. TRACT NO. 2 ALL THAT CERTAIN piece or parcel of land situate in North Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point at the Southwest comer of other land conveyed by the land now or formerly of Kruger Dairy Farms to the land now or formerly of Harold E. Boldosser also known as Mary J. Boldosser at line of land of Robert D. Howard et ux; thence along said land of Howard South 59 degrees 32 minutes West; a distance of 123 feet, more or less, to a point in the right of way line of Pennsylvania Rout 74; thence along said right of way line North 15 degrees 28 minutes West, a distance of 127 feet, more or less; thence along the same North 74 degrees 32 minutes East, a distance of 10 feet to a point; thence along other land of the Grantor North 59 degrees 32 minutes East, a distance of 79 feet, more or less, to a point in line of land of the land now or formerly of Harold E. Boldosser and Mary J. Boldosser; thence along said land now or formerly of Harold E. Boldosser and Mary J. Boldosser, South 30 degrees 28 minutes East, a distance of 120 feet to a point, the place of BEGINNING. CONTAINING 12,530 square feet, more or less UNDER AND SUBJECT to any existing covenants, easements, encroachments, conditions, restrictions, and agreements affecting the property. TITLE TO SAID PREMISES IS VESTED IN Lee E. Vanasdlen and Sara E. Vanasdlen, h/w, by Deed from Harold E. Boldosser and Mary Jane Boldosser, aka, Mary J. Boldosser, h/w, dated 08/30/2004, recorded 08/30/2004 in Book 264, Page 4718. PREMISES BEING: 130 OLD GAP ROAD, CARLISLE, PA 17013-8637 PARCEL NO. 29-07-0471-023 . • SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-7648-CIVIL WELLS FARGO BANK, N.A. vs. LEE E. VANASDLEN SARA E. VANASDLEN owner(s) of property situate in the TOWNSHIP OF NORTH MIDDLETON, Cumberland County, Pennsylvania, being (Municipality) 130 OLD GAP ROAD, CARLISLE, PA 17013-8637 Parcel No. 29-07-0471-023 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $126,366.83 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, N.A. PHS # 274579 DEFENDANT SERVICE TEAM/ lxh LEE E. VANASDLEN COURT NO.: 11-7648-CIVIL SARA E. VANASDLEN THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA SERVE SARA E. VANASDLEN AT: 130 OLD GAP ROAD CARLISLE, PA 17013-8637 TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: June 6, 2012 'OF FIt.i. PROTHONOTAR l2 MAR - 8 Ali 9: 59 'JMBERL.AND COUNTY PENNSYLVANIA SERVED Served and made known to SARA E. VANASDLEN, Defendant on the 1 '74'day of ?6RU0 (20 L?77-, at 4' 30, o'clock R. M., at 130 OLo 6*p `4. LISt.F , R , in the manner described below: _ Defendant personally served. _? Adult family member ith whom Defendant(s) reside(s). Relationship is S D 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 6d s Height SIC' Weight _1'30 Race w Sex 14A Other I, JJI11,D ,A4 a L4,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. ?P6 Al? DATE: 7 a NAME: PRINTED NAME: TITLE: P&Tss _ NOT SERVED On the __ day of , 20_, at _ o'clock _. M., Defendant NOT FOUND because: Vacant Does Not Exist - Moved - Does Not Reside (Not Vacant) _ No Answer on at _at Service Refused Other: 1 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 NI. 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 AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY 1 E` WELLS FARGO BANK, N.A. PHS # 274579 DEFENDANT SERVICE TEAM/ lxh 2 v 2 5M , ° 8 Ali l 9' 5 9 LEE E. VANASDLEN COURT NO.: 11-7648-CIVIL SARA E. VANASDLEN .; UMBERLAND COUNTY THE UNITED STATES OF AMERICA C/O THE UNITED STATES ' E N N S Y L.VA N I A ATTORNEY FOR THE MIDDLE DISTRICT OF PA SERVE LEE. E. VANASDLEN AT: 130 OLD GAP ROAD CARLISLE. PA 17013-8637 TYPE OF ACTION XX Notice of Sheriffs Sale SALE DATE: June 6, 2012 SERVED Served and made known to LEE E. VANASDLEN, Defendant on the 177kday of FQPU-Y> 20 t?-, at 4.3., o'clock . M., at l36 ?L D Cr?Fa IZD, Sa. 04 , in the manner described below: Defendant personally served. _ Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Other: Description: Age (ds- Height '5'11" Weight 1470 Race W Sex M Other I, ONE AAO L - , 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: _ I NAME: _ ti?G I/GX t PRINTED NAME: rDN0,0 ° 6 t4- TITLE: Roctz8s S?Avek _ _ Vacant Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at _at Service Refused NOT SERVED On the __ day of , 20_, at _ o'clock _. M., Defendant NOT FOUND because: Other: 1 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 per'- v . r Yin Uj W Phelan Hallinan & Schmieg, LLP ---'"? 1617 JFK Boulevard, Suite 1400 ° r One Penn Center Plaza . =s ` Philadelphia, PA 19103 215-563-7000 r) Fax 215-568-7616 Anastasia Graham Representing Lenders in Legal Assistant Pennsylvania and New Jersey Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 No.: 11-7648-CIVIL Re: WELLS FARGO BANK, N.A. VS. LEE E. VANASDLEN, SARA E. VANASDLEN, and THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA No.: 11-7648-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 Dear Sir/Madam: Enclosed please find an Affidavit of Service Pursuant to Rule 3129.1 with the necessary attachments regarding the above matter. Thank you for your assistance in this matter. Should you have any questions, please do not hesitate to contact me. ***Please be advised that in the event the Plaintiff is not represented at the sale the sale is to be stayed or postponed.*** **Property is listed for the 06/06/2012 Sheriff Sale.** 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. Very truly yours, By: Phelan Hallinan & Schmieg, LLP Anastasia Graham, Legal Assistant cc: Sheriff of CUMBERLAND County PHS 9 274579 PHELAN HALLINAN & SCHMIEG, 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. Plaintiff, V. LEE E. VANASDLEN SARA E. VANASDLEN THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 11-7648-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Cert' rn Receipt stamped by the U.S. Postal Service is attached heret A' . Allison F. Wefta;wEsq Attorney for Plaintiff -Aho&?' Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 274579 '-. a n D• ? ? O A ?.I "„t?J ? ? ?C y 0 2 i P O O >? M V N ?' ? y Z rr o is y r o ? w ? ?I e ? K° N. JF 14 f x 'N' G? r On vim, y ° ` O O yyn. `' ' 00 C to rte to g ?yyryyyro to ?1? Q N by '?'t tz N 1?} py ?r ' d "3 'C k17 'ro a Z d b ?+ •a to .pH?tCZ.a. ,?yoDO C yP?Q?N Z hJ+ 0 W QH Qmr N?c M 0-3 ti ? A ? C AM1b 1 ?, ? a Gti Q N y O ro a n ? m A 3 .yo rn o o ? ? p E E E : ? ?. . rt m w3 O 3 x v ? E a°?.c a ? o o ?. c n H QR ag . e rn , n ?... m o r 05 0017 . w A w N I ?. (D > w CD (p Q .? y CD a m A. r7 c CD 'oO0 Ot*??? oH? U'CT ?r0? cnd?°,"0.?x ?C? Yroy?"-fix t p m c t ? ?o?V yH`" n,-rNCa41 ??// y W G3 V1 Ga 2 Z7 oo y ?> w, W C O t-s N° X° x. s' K c b ? ? H lTJ H i a<;?t3e-? E ! VA Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Fax 215-568-7616 Anastasia Graham Legal Assistant Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 No.: 11-7648-CIVIL Re: WELLS FARGO BANK, N.A. VS. LEE E. VANASDLEN, SARA E. VANASDLEN, and THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA No.: 11-7648-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 Dear Sir/Madam: Enclosed please find an Affidavit of Service Pursuant to Rule 3129.1 with the necessary attachments regarding the above matter. Thank you for your assistance in this matter. Should you have any questions, please do not hesitate to contact me. ***Please be advised that in the event the Plaintiff is not represented at the sale the sale is to be stayed or postponed.*** **Property is listed for the 06/06/2012 Sheriff Sale.** 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. Very truly yours, By: cc: Sheriff of CUMBERLAND County Phelan Hallinan & Schmieg, LLP Anastasia Graham, Legal Assistant CD C= i rn rn r C-; . Representing Le nders in Pennsylvania and New Jersey PHS # 274579 PHELAN HALLINAN & SCHMIEG, 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. Plaintiff, V. LEE E. VANASDLEN SARA E. VANASDLEN THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 11-7648-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/o ai eturn Receipt stamped by the U.S. Postal Service is attached here xhib' A". Allison F. s, Esquire---- Attorney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 274579 7 C ? 00 v ???? I W Q a- Ja kJ W -- (p cn p. 0 CD " C co 0. y W nox bd _ ?,3r t.,? '?'-• d. -3oH Otilp COawO"?C:yvCnwH.z•v Cl ?- °n?CdC`DG??tt?ppOc,,t?Cr1H??t-O 044 a° O°.opy?b oz ?? - bdZ myywxyOv,y?fly,?y??xby? 0 SO A. puz 000 8 ? w 9Cbd -,2v " a "ydYYy?*^ p,"`jt'tdy a- m to H -4 - b a '0 ? o'tibHdKtl7by ]ydo CrI.A z?bn ?'AzH> > ya ° ? > m did b x?oH?z ?xIH?DOy ?`?? ?t+y ?Qoy4?"?MpN2tCr?-'ps''?0 °?`??°?t?oi•?ci ?. y r) 10 C9 m _ 5i 0 rn b j ? Q M 0-3 r a. w. O b ? I*J y m ? •? ? C ? t?1 Cd 3 ? y Cif c 8 9, 8, o Lr N A P U o a q C G m 4J n ? Y 75' Fm=? sa4 fax ?..? P- $05-000 00_55a ° to ? y PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WELLS FARGO BANK,N.A. : COURT OF COMMON PLEAS Plaintiff . : CIVIL DIVISION v. . . NO.: 11-7648-CIVIL LEE E. VANASDLEN . SARA E.VANASDLEN . Defendant(s) : CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $126,366.83 Interest from 12/28/2011 to Date of Sale $16,595.23 ($20.77 per diem) TOTAL $142,962.06 A L /jib 'Ian Hallinan,LLP • ,EPH E. DEBARBERIE,Esq.,Id.No.315421 • orney for Plaintiff Note: Please attach description of property. PH#768411 69 °IPA 'S 4. F bPLI a 1--.. ___ ..,a. ,-.) :,- -<-1-,.+., c) ■7oa. -a r- - Cr 40. so <t -r, >C, ::_- o ao - pp Art - g 9I1 NJ #a.as boa CO CL# / sc '? p...1" agtogss � or p_ s_,44,1 LEGAL DESCRIPTION TRACT NO. 1 ALL THOSE TWO CERTAIN lots of land situate in the township of North Middleton, County of Cumberland, Commonwealth of Pennsylvania,being known and numbered as Lots Nos. 18 and 19 on the Plan of Kruger Heights, which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 5,page 14, and being more particularly bounded and described as follows: BEGINNING at a spike and cap in the center of the public road leading from Carlisle to Waggoner's Gap at the dividing line between Lots Nos. 17 and 18 on the hereinbefore mentioned Plan of Lots; thence along said dividing line between Lots Nos. 17 and 18 south fifty-nine(59) degrees thirty-two (32)minutes west, a distance of two hundred(200)feet to an iron pin in line of other land of Kruger Dairy Farms; thence along said other land of Kruger Dairy Farms north thirty(30) degrees twenty- eight(28) minutes west,a distance of one hundred twenty(120) feet to an iron pin on the dividing line between Lots Nos. 19 and 20 on the hereinbefore mentioned Plan of Lots; thence along said dividing line between Lots Nos. 19 and 20, as aforesaid,north fifty-nine(59)degrees thirty two (32) minutes east, a distance of two hundred(200) feet to a spike and cap in the center of Waggoner's Gap Road; thence along the center line of said Road south thirty(30) degrees twenty-eight(28) minutes east, a distance of one hundred twenty(120) feet to a spike and cap in the center of said road, the place of BEGINNING. TRACT NO. 2 ALL THAT CERTAIN piece or parcel of land situate in North Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point at the Southwest corner of other land conveyed by the land now or formerly of Kruger Dairy Farms to the land now or formerly of Harold E. Boldosser also known as Mary J. Boldosser at line of land of Robert D. Howard et ux;thence along said land of Howard South 59 degrees 32 minutes West; a distance of 123 feet,more or less, to a point in the right of way line of Pennsylvania Rout 74; thence along said right of way line North 15 degrees 28 minutes West, a distance of 127 feet,more or less;thence along the same North 74 degrees 32 minutes East, a distance of 10 feet to a point;thence along other land of the Grantor North 59 degrees 32 minutes East, a distance of 79 feet,more or less,to a point in line of land of the land now or formerly of Harold E. Boldosser and Mary J. Boldosser;thence along said land now or formerly of Harold E. Boldosser and Mary J.Boldosser, South 30 degrees 28 minutes East, a distance of 120 feet to a point,the place of BEGINNING. CONTAINING 12,530 square feet,more or less TITLE TO SAID PREMISES IS VESTED IN Lee E. Vanasdlen and Sara E. Vanasdlen, h/w, by Deed from Harold E. Boldosser and Mary Jane Boldosser, aka, Mary J. Boldosser, h/w, dated 08/30/2004, recorded 08/30/2004 in Book 264,Page 4718. PREMISES BEING: 130 OLD GAP ROAD, CARLISLE, PA 17013-8637 PARCEL NO. 29-07-0471-023 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS r"�1s Plaintiff ' OTHONOTiti , J _ � � . 2 CIVIL DIVISION v. CUMBERLAND COUNTY NO.: 11-7648-CIVIL 1,,E14 E. VANASDLEN PENNSYLVANIA SARA E. VANASDLEN Defendant(s) CUMBERLAND COUNTY 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 130 OLD GAP ROAD, CARLISLE,PA 17013-8637. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) LEE E.VANASDLEN 130 OLD GAP ROAD CARLISLE,PA 17013-8637 SARA E.VANASDLEN 130 OLD GAP ROAD CARLISLE,PA 17013-8637 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) LEE E.VANASDLEN 130 OLD GAP ROAD CARLISLE,PA 17013-8637 SARA E.VANASDLEN 130 OLD GAP ROAD CARLISLE,PA 17013-8637 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) YORK WASTE DISPOSAL 1110 EAST PRINCESS STREET YORK,PA 17405 YORK WASTE DISPOSAL,INC. 3730 SANDHURST DRIVE YORK,PA 17406 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained, please indicate) None. PH#768411 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) DEPARTMENT OF TREASURY INTERNAL 477 MICHIGAN AVENUE REVENUE SERVICE DETROIT,MI 48226 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING 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. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 130 OLD GAP ROAD CARLISLE,PA 17013-8637 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: ( �3 B �.1 in/s. ♦ '• an Hallinan,LLP •:EPH E.DEBARBERIE,Esq.,Id.No.315421 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH#768411 (J _ l Pd wTHONQTA WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS 2013 OCT -4 AH IO: 22 • Plaintiff : CIVIL DIVISION CUMBERLAND COUNTY Fv NNSYLVANIA : NO.: 11-7648-CIVIL LEE E. VANASDLEN SARA E. VANASDLEN : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: LEE E. VANASDLEN SARA E. VANASDLEN 130 OLD GAP ROAD CARLISLE, PA 17013-8637 **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 130 OLD GAP ROAD, CARLISLE,PA 17013-8637 is scheduled to be sold at the Sheriff's Sale on 03/05/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$126,366.83 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. 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. 11-7648-CIVIL WELLS FARGO BANK,N.A. v. LEE E.VANASDLEN SARA E. VANASDLEN owner(s) of property situate in the TOWNSHIP OF NORTH MIDDLETON, CUMBERLAND County, Pennsylvania, being 130 OLD GAP ROAD, CARLISLE, PA 17013-8637 Parcel No. 29-07-0471-023 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $126,366.83 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION TRACT NO. 1 ALL THOSE TWO CERTAIN lots of land situate in the township of North Middleton, County of Cumberland, Commonwealth of Pennsylvania, being known and numbered as Lots Nos. 18 and 19 on the Plan of Kruger Heights, which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 5, page 14, and being more particularly bounded and described as follows: BEGINNING at a spike and cap in the center of the public road leading from Carlisle to Waggoner's Gap at the dividing line between Lots Nos. 17 and 18 on the hereinbefore mentioned Plan of Lots; thence along said dividing line between Lots Nos. 17 and 18 south fifty-nine (59) degrees thirty-two (32)minutes west, a distance of two hundred (200)feet to an iron pin in line of other land of Kruger Dairy Farms; thence along said other land of Kruger Dairy Farms north thirty(30)degrees twenty- eight(28) minutes west, a distance of one hundred twenty(120)feet to an iron pin on the dividing line between Lots Nos. 19 and 20 on the hereinbefore mentioned Plan of Lots; thence along said dividing line between Lots Nos. 19 and 20, as aforesaid, north fifty-nine(59)degrees thirty two (32) minutes east, a distance of two hundred (200) feet to a spike and cap in the center of Waggoner's Gap Road; thence along the center line of said Road south thirty(30) degrees twenty-eight(28) minutes east, a distance of one hundred twenty(120) feet to a spike and cap in the center of said road, the place of BEGINNING. TRACT NO. 2 ALL THAT CERTAIN piece or parcel of land situate in North Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point at the Southwest corner of other land conveyed by the land now or formerly of Kruger Dairy Farms to the land now or formerly of Harold E. Boldosser also known as Mary J. Boldosser at line of land of Robert D. Howard et ux; thence along said land of Howard South 59 degrees 32 minutes West; a distance of 123 feet, more or less, to a point in the right of way line of Pennsylvania Rout 74; thence along said right of way line North 15 degrees 28 minutes West, a distance of 127 feet, more or less; thence along the same North 74 degrees 32 minutes East, a distance of 10 feet to a point; thence along other land of the Grantor North 59 degrees 32 minutes East, a distance of 79 feet, more or less, to a point in line of land of the land now or formerly of Harold E. Boldosser and Mary J. Boldosser; thence along said land now or formerly of Harold E. Boldosser and Mary J. Boldosser, South 30 degrees 28 minutes East, a distance of 120 feet to a point, the place of BEGINNING. CONTAINING 12,530 square feet, more or less TITLE TO SAID PREMISES IS VESTED IN Lee E. Vanasdlen and Sara E. Vanasdlen, h/w, by Deed from Harold E. Boldosser and Mary Jane Boldosser, aka, Mary J. Boldosser, h/w, dated 08/30/2004, recorded 08/30/2004 in Book 264, Page 4718. PREMISES BEING: 130 OLD GAP ROAD,CARLISLE,PA 17013-8637 PARCEL NO. 29-07-0471-023 PHELAN HALLINAN, LLP ;:. J.. I t' ,- 'L,1-._ Attorneys for Plaintiff JOSEPH E. DEBARBERIE, Esq., Id 1 0:31 -2P1'�F°'j °"T#`t' 1617 JFK Boulevard, Suite 1400 OCT -iv 1 • One Penn Center Plaza Philadelphia, PA 19103 CUMBERLAND COUNTY joseph.debarberie @phelanhallinan.com PENNSYLVANIA 215-563-7000 WELLS FARGO BANK,N.A. : COURT OF COMMON PLEAS Plaintiff • : CIVIL DIVISION v. : NO.: 11-7648-CIVIL LEE E. VANASDLEN • SARA E.VANASDLEN •• 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 ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled (X) 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 unsworn falsification to authorities. Bit i( #it l ^A--‘. ifelan Hallinan,LLP SEPH E. DEBARBERIE,Esq.,Id.No.315421 -ttorney for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 11-7648 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., Plaintiff(s) From LEE E. VANASDLEN and SARA E.VANASDLEN (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: $126,366.83 L.L.: Interest from 12/28/11 to Date of Sale($20.77 per diem) -- $16,595.23 Atty's Comm: Due Prothy: $2.25 Atty Paid: $916.20 Other Costs: Plaintiff Paid: Date: 10/4/13 - David D. Buell, Prothonotary (Seal) 1l i �i� Deputy REQUESTING PARTY: Name: JOSEPH E DEBARBERIE, ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BOULEVARD,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.315421 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200 2� � PROTF NOT' 11ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 ��c One Penn Center Plaza 013 ` ' 10: J� Philadelphia, PA 19103 CUMBERLAND COUNTY justin.kobeski@phelanhallinan.com PENNSYLVANIA 215-563-7000 WELLS FARGO BANK, N.A. • Court of Common Pleas Plaintiff • • Civil Division v. • • CUMBERLAND County LEE E. VANASDLEN • SARA E. VANASDLEN • No.: 11-7648-CIVIL THE UNITED STATES OF AMERICA C/O THE • UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP,moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on October 6, 2011. 2. Judgment was entered on December 27, 2011 in the amount of$126,366.83. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However,new items cannot be added at the time of entry of the judgment. 768411 • 4. A Sheriffs Sale of the mortgaged property at 130 OLD GAP ROAD, CARLISLE, PA 17013-8637 (hereinafter the "Property") was postponed or stayed for the following reason: a.)The Defendant, LEE E. VANASDLEN A/K/A LEE VANASDLEN and SARA E. VANASDLEN A/K/A SARA VANASDLEN, filed a Chapter 13 Bankruptcy at Docket Number 1:12-03283 on May 31, 2012. The Bankruptcy was dismissed by order of court dated June 13, 2013. A true and correct copy of the Bankruptcy Court Order is attached hereto,made part hereof, and marked as Exhibit "B". 5. The Property is listed for Sheriffs Sale on March 12, 2014. 6. Additional sums have been incurred or expended on Defendants'behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $121,333.64 Interest Through December 6, 2013 $16,220.46 Late Charges $1,337.60 Legal fees $2,125.00 Cost of Suit and Title $1,178.84 Sheriffs Sale Costs $702.70 Property Inspections $345.00 Appraisal/Brokers Price Opinion $85.00 Mortgage Insurance Premium/Private Mortgage Insurance $891.54 Mortgage Insurance Premium to be paid $175.38 Escrow Deficit $5,597.75 TOTAL $149,992.91 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal - liability, as addressed in Plaintiff's attached brief 768411 10. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on November 27, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit"B". 11. No judge has previously entered a ruling in this case. 12. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge_entered an order for_dated_ WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Halli ,LLP DATE: 2 JO 3 By: / Justin, o.eski, Esquire ATP ' r FOR PLAINTIFF 768411 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. • Court of Common Pleas • Plaintiff • Civil Division v. • • CUMBERLAND County LEE E. VANASDLEN SARA E. VANASDLEN • No.: 11-7648-CIVIL THE UNITED STATES OF AMERICA C/O THE : UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE LEE E. VANASDLEN and SARA E. VANASDLEN executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 130 OLD GAP ROAD, CARLISLE, PA 17013-8637. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 768411 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v.Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495,200 A.2d 335 (1971). Plaintiff submits that if it goes to sale 768411 without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276(1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). 768411 However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser,Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding,Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly,the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 768411 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 768411 • VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriffs sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 768411 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become 768411 part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: J Z/Mb.. By: 4111111fd Justin F. r obeski squire Attorn; for Pla'ntiff 768411 • • Exhibit "A" 768411 PHELAN HALLINAN & ¶CHMIEG, LLP Attorney for Plaintiff Robert W. Cusick, Esq., Id.No.80193 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. : CUMBERLAND COUNTY vs. . LEE E.VANASDLEN : COURT OF COMMON PLEAS SARA E.VANASDLEN ' . THE UNITED STATES F AMERICA CIVIL DIVISION c C/O THE UNITED STAT S ATTORNEY : -co C:1`- s FOR THE MIDDLE DIS RICT OF PA : No. 11-7648-CIVIL N x)c3 PRAECIP FOR IN REM JUDGMENT FOR FAILURE TO g% -96 AN ER AND ASSESSMENT OF DAMAGES _>cam-) zr o-t o o TO THE PROTHONOTARY: _, -< cis Kindly enter judgm nt in favor of the Plaintiff and against LEE E.VANASDLEN,and SARA E. VANASDLEN, efendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from servic thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages follows: 1 As set forth in Complaint $126,366.83 Interest TOTAL $126,366.83 I hereby certify that(1)the Defendants'last known address is 130 OLD GAP ROAD, CARLISLE, PA 17013-8637, and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date ` 1/1 Rob W. Cusick, Esquire Attorney for Plaintiff DAMAGES ARE HEREB*ASSESSED AS INDICATED. DATE: _42, ft PHS#274579 PROTHONOTARY 414.00 PIO ATP-f eli139a/8 a#0768974, . Noee kiallazi 274579 Order Dismissing(Form ordsmiss)(01/I 3) UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA In re: Debtor(s)(name(s)used by the debtor(s)in the last 8 years,including married,maiden,and trade): Lee E Vanasdlen Chapter 13 Sara E Vanasdlen Case No. 1:12—bk-03283—MDF Debtor(s) Order Upon consideration of the Motion to dismiss case and it having been determined after notice and opportunity for hearing,that the case should be dismissed,it is ORDERED that the above—named case of the debtor(s)be and is hereby dismissed. Dated: June 13,2013 By the Court, 72 / 9 United States Bankruptcy Judge • Case 1:12-bk-03283-MDF Doc 47 Filed 06/13/13 Entered 06/13/13 12:00:11 Desc Order Dismissing Page 1 of 1 Exhibit "B" 768411 • �` o CLOG LL r101' L6L tet “)043 !'#:` i t 0OV'Z00 $ COL6L 4112 • �E�ik i . S3M0e A NL <<30VJ SOd Sft yam. • *, ,110123 rt t . , � a 0 x . 4 zigto � .. * � s d �; o � ' g §--Qs t Artzs rs. $...a-s i r Ir- 4t 2 a u_ 9. a 7 Pi h A K M ''. Z Z a. - O W �I G 0 W i:y) a 0 � � �' � >o 44 *CZ � wV > Q > i ;/; � 0 0 z : w r, y.t on e) 0, _ g U � /) E � � U ar -04. . •-... /4 gg Q.... �' '''''''''N � '� t �> 4 � t‘" m rz x'i✓'< "..i...x..x.. :�.» Wf ',It i An r t Y '. �.1r .�,� ; g � ,.,.+(AVM, �"£ { � � � . .r. •'`.?Ml�F.K F:'. ..iaa,...�s� �.. :. � . . PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania November 27,2013 LEE E. VANASDLEN SARA E. VANASDLEN 130 OLD GAP ROAD CARLISLE, PA 17013-8637 RE: WELLS FARGO BANK,N.A. v. LEE E. VANASDLEN, SARA E. VANASDLEN and THE UNITED STATES OF AMERICA CIO THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Premises Address: 130 OLD GAP ROAD CARLISLE, PA 17013 CUMBERLAND County CCP,No. 11-7648-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment. Please respond to me within 5 days, by December 4,2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise, please be guided accordingly. Very J.. ly Yo Just' F. obeski, Esq., Id.No.200392 At .rne for Plaintiff Enclo ure 768411 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. • Court of Common Pleas • Plaintiff • Civil Division • v. • CUMBERLAND County • LEE E. VANASDLEN SARA E. VANASDLEN : No.: 11-7648-CIVIL THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. LEE E. VANASDLEN LEE E. VANASDLEN SARA E. VANASDLEN SARA E. VANASDLEN 130 OLD GAP ROAD PO BOX 636 CARLISLE, PA 17013-8637 CARLISLE, PA 17013-0636 Phelan Hallinan,LLP DATE: Z( I UI i 3 By: Justin F/ obeski, Esquire ATT• , EY FOR PLAINTIFF 768411 AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK,N.A. PH#768411 DEFENDANT SERVICE TEAM/lxh LEE E.VANASDLEN COURT NO.:11-7648-CIVIL SARA E.VANASDLEN THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA SERVE LEE E.VANASDLEN AT: TYPE OF ACTION 130 OLD GAP ROAD XX Notice of Sheriff's Sale CARLISLE,PA 17013-8637 SALE DATE: March 12,2014 SERVED erved and mad known to LEE E.VANA DLEN,Defendant on the day of i`t-t21'4. Q7C7---,20 ft7 ,at f j 5-,o'clock .M.,at 0 (� ,in the manner described below: Defendant p rsonally served. `L Adult family member with whom D fe da s)reside(s). Relationship is S O C 'n Adult in charge of Defendant's residence w o 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: S Dess�crii�p,tii�on: Age 16 _ Height ,� G Weight l 3 Race Sex ' ` Other I, d'`t'� `t C9C4 ,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 unswom falsification to authorities. yg ("4-1 Gi�' A�DATE: ( NAME: p .i PRINTED NAME: TITLE: C TS NOT SERVED On the day of ,20 ,at o'clock .M.,I, ,a competent adult hereby state that De endant NOT FOUND because: Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at 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 2 ry C: Phelan Hallinan,LLP ' 1617 JFK Boulevard,Suite 1400 "L7 c'`' I i .. One Penn Center Plaza z CO PT? Philadelphia,PA 19103 X1 C7 -•0I- (215)563-7000 > as cl G "<t3 3y 2:,„, ="rr C) AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK,N.A. . PH#768411 DEFENDANT SERVICE TEAM/Ixh LEE E.VANASDLEN COURT NO.:11-7648-CIVIL SARA E.VANASDLEN THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA SERVE SARA E.VANASDLEN AT: TYPE OF ACTION 130 OLD GAP ROAD XX Notice of Sheriff's Sale CARLISLE,PA 17013-8637 SALE DATE: March 12,2014 SERVED S ' Q ed and mad known to SARA E.VANASDLEN,Defendant on the u day of 20 0 at 'VC o'clock .M.,at Vb.DAP W('- D ,in the manner described below: _Defendant personally served. Adult family member gyit 1' hom D fendant(s)reside(s). Relationship is 3 kTK 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 Height (f7 1 Weight Race Sex Other I EtYQ ,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 unworn falsification to authorities. •,l - DATE: I�it 3 NAME: U lMc pa{, PRINTED NAME: TITLE: kr-S3 , NOT SERVED On the day of ,20 at o'clock_.M.,I, ,a competent adult hereby state that Defendant NOT�FOSecause: _Vacant _Does Not Exist _Moved ,Does Not Reside(Not Vacant) —No Answer on at ; at Service Refused Other: = ' I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating nvnsriorn '1" falsification to authorities. rit,, , m1"1-1 rn BY: PRINTED NAME: "'<> cn _4 ATTORNEY FOR PLAINTIFF "<t) T,„Tr C) = �s _ Phelan Hallinan,LLP c."'1617 JFK Boulevard,Suite 1400 C)c."' One Penn Center Plaza ' = 1> Philadelphia,PA 19103 - --J ' 1 (215)563-7000 \li A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff : : Civil Division v. : • CUMBERLAND County LEE E. VANASDLEN : SARA E. VANASDLEN • No.: 11-7648-CIVIL THE UNITED STATES OF AMERICA C/O THE : UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants RULE AND NOW, this I day of 74 / 2013, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY/T�H COURT J. rn rn ;-- 768411 v Justin F.Kobeski,Esq.,Id.No.200392 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 E. VANASDLEN E E. VANASDLEN SARA E. VANASDLEN SARA E. VANASDLEN 130 OLD GAP ROAD PO BOX 636 CARLISLE,PA 17013-8637 CARLISLE, PA 17013-0636 6GS rat LC-C,L 768411 !L. 768411 • ;. r li r i�J�IlQNO If�r " 213 DEC 27 AFB 9: 55 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff vs. Civil Division LEE E. VANASDLEN CUMBERLAND County SARA E. VANASDLEN THE UNITED STATES OF AMERICA C/O THE No.: 11-7648-CIVIL UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's December 17, 2013 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. LEE E. VANASDLEN LEE E. VANASDLEN SARA E. VANASDLEN SARA E. VANASDLEN 130 OLD GAP ROAD PO BOX 636 CARLISLE, PA 17013-8637 CARLISLE, PA 17013-0636 Phelan Hal ' an, LLP DATE: �j l�bll By: John D. hn, Esq., Id.No.312244 Attorney for Plaintiff 768411 /CA jsiti 10 Apin: 05 CUMBERL fop CO �, BENNS YLVANIA Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. • Court of Common Pleas • Plaintiff Civil Division vs. CUMBERLAND County • LEE E. VANASDLEN SARA E. VANASDLEN • No.: 11-7648-CIVIL • THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants MOTION TO MAKE RULE ABSOLUTE WELLS FARGO BANK,N.A., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on December 12, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on November 27, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the 768411 Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued on or about December 17, 2013 directing the Defendants to show cause by January 6, 2014 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on December 26, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of January 6, 2014. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. Phelan Hallinan, LLP DATE: //it /it.? By: John D. Kro , Esq., Id. No.312244 Attorney for Plaintiff 768411 Exhibit "A" 768411 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Ilallinan, LLP Representing Lenders in Pennsylvania November 27,2013 LEE E. VANASDLEN SARA E.VANASDLEN 130 OLD GAP ROAD CARLISLE,PA 17013-8637 RE: WELLS FARGO BANK,N.A. v. LEE E. VANASDLEN, SARA E. VANASDLEN and THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Premises Address: 130 OLD GAP ROAD CARLISLE, PA 17013 CUMBERLAND County CCP,No. 11-7648-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment. Please respond to me within 5 days,by December 4,2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very t#ily yo Just:' F. obeski, Esq., Id.No.200392 At me for Plaintiff Eraclo ore 768411 •ry g .D� E t61ie1 ..7i.Co 0 z°0 £01.61 dIZ _ � ... 'D N- O . Mme e. - i 1,10 .} {. r i SaMtle A 3takRX 3o'zi1SOd'S-t ;;qa• - -" " a x 6. m ji II P " 2E ag. „ K it Mr c> ItEll . <4(: . = . 00 b X Is ��yy z u Gi E 0. z D al tte ° a X r e — z 5144_. A = *8 P. Q4 i+ 0. QZ a. > v" Y -8 - . Elva Wap-Vqa z .i a.. — 0. z4tl) V .warrniu V -X lz re sle y I b Ct V .. * ' t C H 00 trs 2 z - O. :.� :4- �r • Exhibit "B" 768411 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff • Civil Division v. • CUMBERLAND County LEE E.VANASDLEN • SARA E. VANASDLEN : No.: 11-7648-CIVIL THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants RULE AND NOW,this day of 74-/ 2013,a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court,Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BYTH COURT J. 1 m ° m�- r CD z Vic; y —ar 3 768411 • 1.1111.111111111111111 c Justin F.Kobeski,Esq.,Id.No.200392 Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 ,..„....--"LiE E. VANASDLEN . tE$E. VANASDLEN SARA E. VANASDLEN SARA E. VANASDLEN 130 OLD GAP ROAD PO BOX 636 CARLISLE,PA 17013-8637 CARLISLE,PA 17013-0636 l'es r2. ..1 768411 a. l�s/t3 . --hfy 768411 Exhibit "C" r 1 lip r' iiU tit 2013 DEC 27 A 9: 55 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan, LLP John D. Krohn, Esq., Id.No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff vs. : Civil Division LEE E. VANASDLEN • CUMBERLAND County SARA E.VANASDLEN • THE UNITED STATES OF AMERICA C/O THE No.: 11-7648-CIVIL UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's December 17,2013 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. LEE E. VANASDLEN LEE E. VANASDLEN SARA E. VANASDLEN SARA E. VANASDLEN 130 OLD GAP ROAD PO BOX 636 CARLISLE,PA 17013-8637 CARLISLE,PA 17013-0636 J Phelan Hal ' an, LLP DATE: 14/2,4/13 1,3 By: — John D. hn, Esq.,Id.No.312244 Attorney for Plaintiff 768411 Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. • Court of Common Pleas • Plaintiff vs. • Civil Division • LEE E. VANASDLEN • CUMBERLAND County SARA E. VANASDLEN THE UNITED STATES OF AMERICA C/O THE • No.: 11-7648-CIVIL • UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. LEE E. VANASDLEN LEE E. VANASDLEN SARA E. VANASDLEN SARA E. VANASDLEN 130 OLD GAP ROAD PO BOX 636 CARLISLE, PA 17013-8637 CARLISLE, PA 17013-0636 Phelan Hallin. • LLP DATE: // By: v �-- John D. Krohn sq., Id. No.312244 Attorney for Plaintiff 768411 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA 6 �'rrc ! 1 WELLS FARGO BANK,N.A. Court of CoJjj&c n` D f„M Plaintiff PEi_,f'`1,i�lLVA'� 1i vs. Civil Division LEE E. VANASDLEN CUMBERLAND County SARA E. VANASDLEN THE UNITED STATES OF AMERICA C/O THE No.: 11-7648-CIVIL UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants ORDER AND NOW,this '5—* day of �a,,,,� , 2014, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $121,333.64 Interest Through December 6, 2013 $16,220.46 Late Charges $1,337.60 Legal fees $2,125.00 Cost of Suit and Title $1,178.84 Sheriffs Sale Costs $702.70 Property Inspections $345.00 Appraisal/Brokers Price Opinion $85.00 Mortgage Insurance Premium/Private Mortgage Insurance $891.54 Mortgage Insurance Premium to be paid prior to March 12, $175.38 2014 Escrow Deficit $5,597.75 TOTAL $149,992.91 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included 'in the above figure. B HE J, J. S� - �� 768411. 1 ' Kil'; FEB 2 wt11+ : ou PHELAN HALLINAN, LLP Attorney for Plaintiff Adam H. Davis, Esq.,Id. No.20303 MBE t[A tt Q C O U 1617 JFK Boulevard. Suite 1400. PENNSYLVANIA NIA One Penn Center Plaza Philadelphia,PA 19103 Adam.Davis @PhelanHal linan.cam 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A. : CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS : CIVIL DIVISION LEE E.VANASDLEN SARA E. VANASDLEN : No.: 11-7648-CIVIL Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(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 Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A". /; A \ Adam H.Davis,Esq.,Id.No.203034 Date: 2/A���P' Attorney for Plaintiff 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 Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH#768411 • WELLS FARGO BANK,N,A. • -COURT OF COMMON PLEAS Plaintiff • CIVIL DIVISION v. • NO.: 11-7648-CIVIL • LEE E. VANASDLEN SARA E.VANASDLEN • Defendant(s) CUMBERLAND COUNTY AMENDED 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 130 OLD GAP ROAD, CARLISLE,PA 17013-8637. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained. please so indicate) LEE E.VANASDLEN 130 OLD GAP ROAD,CARLISLE,PA 17013-8637 • • SARA E.VANASDLEN 130 OLD GAP ROAD,CARLISLE,PA 17013-8637 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably . • ascertained,please so indicate) LEE E.VANASDLEN • 130 OLD GAP ROAD CARLISLE,PA 17013-8637 • • • SARA E.VANASDLEN 130 OLD GAP ROAD • CARLISLE,PA 17013-8637 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) YORK WASTE DISPOSAL 1110 EAST PRINCESS STREET YORK,PA 17405 YORK WASTE DISPOSAL,INC. 3730 SANDHURST DRIVE YORK,PA 17406 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) DEPARTMENT OF TREASURY INTERNAL 477 MICHIGAN AVENUE REVENUE SERVICE DETROIT,MI 48226 PH #768411 • • 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. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 130 OLD GAP ROAD CARLISLE,PA 17013-8637 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT OF PUBLIC WELFARE,TPL P.O. BOX 8486 . CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 LEE&SARA VANASDLEN C/O SALZMANN HUGHES,P.C. GEORGE F.DOUGLAS III,ESQUIRE • 354 ALEXANDER SPRING RD STE 1 CARLISLE,.PA 17015 DOMESTIC RELATIONS OF • 13 NORTH HANOVER STREET • CUMBERLAND COUNTY CARLISLE,PA 17013 • . COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 • .DEPARTMENT OF WELFARE HARRISBURG,PA 17105 • INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 • • PITTSBURGH,PA 15222 • • . U.S.DEPARTMENT OF JUSTICE • 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 • DISTRICT OF PA • HARRISBURG,PA 17108-1754 • FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: Zr LY/7/ By: Phelan Hallinan,LLP Adam H. Davis, Esq..Id.No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH #768411 Name and Phelan 1-lailinan,LLP Address 111111 1617 JFK Boulevard,Suite 1400 Of Sender One Penn Center Plaza Philadelphia,PA 19103 AZKIKAZ-03/12/2014 SALE p Line Article Number Name of Addressee,Street,and Post Office Address Postage 1 **** LEE&SARA VANASULEN C/O GEORGE F.DOUGLAS III,ESQUIRE 50.46 SALZMANN HUGHES,P.C. ALEICANDER SPRING RD STE I ISLE A 17013 a ° AertEilt.`VitiNfitSDLEN CUMBERLAND PH#768411/1026 Pa e I of I 45 Da SO 46 s, Tout t benof Total Noatrator os ;P P o(t N eof 'rho atvatuaism time oa an d agi¢aadi tresistered mit,Mae ° 1';,44.4g14,44*4117-$01,1,4r R000i daTPoetOffice ReteMeg oyee) 0)'nit toctaemicei noi' dowmaeet'o , M duqmeatttvconeteellen prom stili1aualimiat'350+GA0po, Tito monueonrindamnitypayi leoe.i Re i$ tt00l audq enuKi ksptioeo)le e. ' R9tiD�t#tmilS40E tar°" "'afttrvetase. ��. ForMm �F #lcsfmilc v d a_•.• fly - • P�1€1768411 . . , . • Name and Phelan Hallinan,LLP Address NM 1617 JFK Boulevard,Suite 1400 ., • — . Of Sender One Penn Center Plaza Philadelphia,PA 19103 AZK/SCS-03/1212014SALE ,., titt line Article Number Name of Addressee Street and Post Office Address Postage , :•': 'ht 5' 1 stir*. TENANT/OCCUPANT $0.45 130 OLD GAP ROAD . .: . CARLISLE,PA 17013-8637 ., f0 ti i 2 rx.' 2 ****• COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAXES 'RTTANCE-TAX $0.45 - DIVISION . . OTH FLOOR,STRAWBERRY SQ.' • 0 ... ct.,!",t;:',.' D iti ea,0 1 ■ ', 4 • „. DEPT 280601 • . HARRISBURG,PA 17128 - • ' • ..,..;.-: ...:. : . . .4:?/-1. , — . '>,' 3 **** . DEPARTMENT OF PUBLIC WELFARE,TPL CASUALTYLNIT,ESTATE RECO ERY PROGRAM $045 - ...,.. • .-.. P.O.BOX - WILLOW OAK BUILDING • r . . HARRISBURG,PA 17105 .. .• • 4 **** DEPARTMENT OFIIIEASURV INTERNAL REVENUE SERVICE .$0.45 ' , -•:-:".:77;";i--"'",.., • • 477 MICHIGAN AVENUE •Lr DETROIT,MI 48226. , ,if , _ . ' ,..• **** YORK WASTE DISPOSAL • $0.45 1110 EAST PlUINCESS STREET . . ..•(..., .., .... , ., 6 - **** i •YORK,PA 17405 YORK WASTE DISPOSAL,INC. . we „ . • „:,.. ., .3730 SANDHURST DRIVE . • •..... • ....0 . • ---.......,-- . YORK,PA 17406 •• '1 ' - 7 .**** DOMESTIC OF CUMBERLAND COUNTY • • . $0.45 .•- 13 NORTH:HANOVER STREET . . 1 CARLISLE,PA 17013 1. 8 • **** COMMONWEALTH OF.PENNSYLVANIA,DEPARTMENT OF WELFARE . - $0.45 • • P.O.BOX 2675 HARRISBURG,PA 17.105. - **** INTERNAL REVENUE SERVICE ADVISORY . $0.45 • • 1000 LIBERTY AVENUE ROOM 704 • PITTSBURGH,PA 15222 . U.S.DEPARTMENT OF JUSTICE,U.S.ATTORNEY FOR THE MIDDLE DISTRICT 0F PA $0.45 FEDERAL BUILDING 228 WALNUT STREET,SUITE 220,PO BOX 11754 1---. HARRISBURG,PA 17108-1754 soMmti.*Vatrigate26/141t1/4021 . Page 1 of 1 Writ Team 54.50 -it Number of Toed Number of Pieces 'Postmen,Per(Name of The full declaration of value is required on domestic and international registered mail The maximum indemnity payable 1 ZA Listed by Seeder Received a Pose Office Rooeivmg Employee) . fea the mconamletion of...10.g0th.bi.doe,,.. to under i,P,..,1 Mail document recoristmaion insurance is 850.000 per piece subject torn Inuit 0(8500.000 per • .,-•.The Lnas,msea indemnity payable on Express Mail merubandrac is 8500. The maximum indemnity payable is 825,000.. repainted mail,scot with optional insurance,See Domestic Mail Manual R900 8913 and SW1 for I...nations of . . . Form 3877 Facsimile . , ' •'. i . • • • Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY QFF:iCF, OF THE VERiFF ,L' _ r'rRO HO�li ,r:,'L L i li JUL 10 AM 8: 21 CUMBERLAND COUNT' PENNSYLVANIA Wells Fargo Bank, N.A. vs. Lee E. Vanasdlen (et al.) Case Number 2011-7648 SHERIFF'S RETURN OF SERVICE 01/10/2014 02:27 PM - Deputy Jason Kinsler, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 130 Old Gap Road, North Middleton - Township, Carlisle, PA 17013, Cumberland County. 01/14/2014 05:18 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Sara E. Vanasdlen at 210 Big Spring Rd, #321, Newville, PA 17241, Cumberland County. 01/14/2014 05:18 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Lee E. Vanasdlen at 210 Big Spring Rd, # 321, Newville, PA 17241, Cumberland County. 03/10/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 6/4/2014 06/04/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse 1 Courthouse Square Carlisle Pa, 17013 at 1000 am on June 4, 2014. He sold the same for the sum of $1.00 to Attorney Joseph Schalk, on behalf of, Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of SHERIFF COST: $960.91 SO ANSWERS, June 20, 2014 RONNY R ANDERSON, SHERIFF (c) ;;ountySu:fe S?3eriff,ieIeosoft, Inc. On November 6, 2013 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA, Known and numbered as, 130 Old Gap Road, Carlisle as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: November 6, 2013 By: Real Estate Coordinator 110 'fl d h - 130 001 • 4.3 ;tiQQ CNS° a`.1� 4.1C3HS 3H! 20 1.:31.J20 LXIII 4 CUMBERLAND LAW JOURNAL 01/24/14 Writ No. 2011-7648 Civil Term Wells Fargo Bank, N.A. vs. Lee E. Vanasdlen Sara E. Vanasdlen Atty.: Joseph Schalk By virtue of a Writ of Execution No. 11 -7648 -CIVIL, WELLS FARGO BANK, N.A. vs. LEE E. VANASDLEN, SARA E. VANASDLEN, owner(s) of property situate in the TOWNSHIP OF NORTH MIDDLETON, CUMBER- LAND County, Pennsylvania, being 130 OLD GAP ROAD, CARLISLE, PA 1'7013-8637. Parcel No, 29-07-0471-023. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $126,366,83. 77 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 24, January 31, and February 7, 2014 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)L. Lisa Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 7 day of February, 2014 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot -News Co. .2Q20 Technology Pkwy _ Suite 300 - • Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Iie patriotXews Now you know 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 Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. t 2011-7648 Civil Term Wells Fargo Bank, N.A. Vs Lee E. Vanasdlen Sara E. Vanasdlen Atty: Joseph Schalk By virtue of a Writ of Execution No. 11 -7648 -CIVIL WELLS FARGO BANK, N.A. v. LEE E. VANASDLEN SARA E. VANASDLEN owner(s) of property situate in the TOWNSHIP OF NORTH MIDDLETON, CUMBERLAND County, Pennsylvania, emg 130 OLD GAP ROAD, CARLISLE, PA 17013-8637 . Parcel No, 29-07-0471-023 (Acredge or street addres 1` Improvements theret,u: RESIDENTIAL DWELLING • Judgment Amount:4126,30,83 This ad ran on the date(s) shown below: 01/19/14 01/26/14 02/02/14 w. n to - nd subscribed before thi 18 day of February, 2014 A.D. ublic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Washington Twp., Dauphin County My Commission Expires Dec. 12, 2016 MEMBER. PENNSvtVANTA A. c'c flON OF NOTARIEC COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal National Mtg Assoc is the grantee the same having been sold to said grantee on the 4th day of June A.D., 2014, under and by virtue of a writ Execution issued on the 4th day of October, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 7648, at the suit of Wells Fargo Bank N A against Lee E & Sara E Vanasdlen is duly recorded as Instrument Number 201414936. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ulY , A.D. aOiy day of OAAI,G1. Dela v -7V Recorder of Deeds - Recorder oi'oeeda, Cumberland County, Carlisle, PA My commission Expires the First Monday of Jan.2018