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HomeMy WebLinkAbout11-8783WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-8783 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 MICHELLE D. KLEIN (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: $126,281.79 L.L.: $.50 Interest from 1/28/12 to Date of Sale ($20.76 per diem) -- $2,719.56 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $179.50 Other Costs: Plaintiff Paid: Date: 3/1/12 ? David D. Buell, Prothono (Seal) Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308877 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK, N.A. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION v MICHELLE D. KLEIN Defendant(s) NO.: 11-8783-CIVIL-TERM CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 01/28/2012 to Date of Sale ($20.76 per diem) $126,281.79 $2,719.56 r? C P _ - rn air I 1 r- TOTAL $129001.35 7Z_2? C? P ,Ofn Hallinan & Schmieg, LLP 06 Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff O 9 Note: Please attach description of property. PHS # 281416 *as.so PiN A`rn1 J40. oo Mr' ga.oo 1(.0.50 a,so $ I'14. 5o - Pa A-r7y 4- a. a5 sec - So LL cit I t59(o87 t ?a9a? e a71'778 PIE U)rj'tcj C+ rH-M N Q 7 a as ? - U d ?o U W ? H O d' `C O O O p-a w'r H A L7 y W W W o a O? ?? W W W ? ?a w r r- 00 C> 0 on ?W v a ? ° o PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff V. MICHELLE D. KLEIN Defendant(s) Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-8783-CIVIL-TERM 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 (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. By: 7_elan Haltinan & Schmieg, LLP John Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff 4.. WELLS FARGO BANK, N.A. COURTOF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 11-8783-CIVIL-TERM MICHELLE D. KLEIN Defendant(s) CUMBERLAND COUNTY PHS # 281416 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 10 STINE AVENUE, CARLISLE, PA 17013-9649. Name and address of Owner(s) or reputed Owner(s): Name MICHELLE D. KLEIN 2 3 4 5 Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ,v ascertained, please so indicate) ; sq t Ti - ?::r-% VO t Vrn 10 STINE AVENUE om CARLISLE, PA 17013-9649 t ' ,, r ; C , . P fi Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) WACHOVIA BANK, NATIONAL 301 SOUTH COLLEGE STREET ASSOCIATION VA0343 CHARLOTTE, NC 28288-0630 WACHOVIA BANK, NATIONAL P.O. BOX 50010 ASSOCIATION RETAIL CREDIT SERVICING ROANOKE, VA 24022 WACHOVIA BANK, NATIONAL ASSOCIATION P.O. BOX 2590 C/O FISERV LENDING SOLUTIONS CHICAGO, IL 60690 WACHOVIA BANK, NATIONAL ASSOCIATION 2550 N. REDHILL AVE. C/O CUSTOM RECORDING SOLUTIONS SANTA ANA, CA 92705 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be A . reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT GRADY J. KLEIN C/O ANDREW H. SHAW, ESQUIRE GRADY J. KLEIN C/O JANE ADAMS, ESQUIRE GRADY J. KLEIN DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 10 STINE AVENUE CARLISLE, PA 17013-9649 1 S DEARBORN ST # 2900 CHICAGO, IL 60603 17 WEST SOUTH STREET CARLISLE, PA 17013 10 STINE AVE CARLISLE, PA 17013 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: d4z' By: P an Hallinan & Schmieg, LLP Alm Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO.: 11-8783-CIVIL-TERM MICHELLE D. KLEIN Defendant(s) CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTYrnurn ` ?c= TO: MICHELLE D. KLEIN -4 !z7, ?-- 10 STINE AVENUE "C° CARLISLE, PA 17013-9649 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFO6IA'PION TAINED 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 10 STINE AVENUE, CARLISLE, PA 17013-9649 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 $126,281.79 obtained by WELLS FARGO BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000_x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The&sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-8783-CIVIL-TERM WELLS FARGO BANK, N.A. vs. MICHELLE D. KLEIN owner(s) of property situate in the TOWNSHIP OF NORTH MIDDLETON, Cumberland County, Pennsylvania, being (Municipality) 10 STINE AVENUE, CARLISLE, PA 17013-9649 Parcel No. 29-16-1097-028. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $126,281.79 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 J LEGAL DESCRIPTION All that those certain tracts, lots or parcels of land, together with the improvements thereon erected, situate and being in the Township of North Middleton the County of Cumberland and Commonwealth of Pennsylvania, more particularly described according to survey of Thomas A. Neff, Registered Surveyor, dated July 24, 1969, as follows: Beginning at a point on the northern line of Stine Avenue, said point being 550 feet West of the center line of Long's Gap Road, and at the line dividing Lots Nos. 16 and 17 on the hereinafter mentioned Plan of Lots; thence extending along the northern line of Stine Avenue, South 62 degrees 45 minutes West, 150 feet to a point; thence along lands now or formerly of Peach Belle Stine, North 27 degrees 15 minutes West, 150 feet to a point; thence along lands now or formerly of Peach Belle Stine, North 62 degrees 45 minutes East, 150 feet to a point on the line dividing Lots Nos. 16 and 17 on said Plan; thence along the said dividing line, South 27 degrees 15 minutes East, 150 feet to the point and place of beginning. UNDER AND SUBJECT to the restrictions in Plan Book 6, Page 41 as well as all other restrictions, easements, rights of way and/or covenants of record as well as visible inspection of the property. Being Lot Nos. 14, 15 and 16 of Stine Development, Plan No. 2, recorded in Plan Book 6, Page 41 TITLE TO SAID PREMISES IS VESTED IN Michelle D. Klein, (a married woman), by Deed from Joshua M. Kerr and Rebecca M. Kerr, (h/w), dated 07/20/2006, recorded 07/24/2006 in Book 275, Page 3953. PREMISES BEING: 10 STINE AVENUE, CARLISLE, PA 17013-9649 PARCEL NO. 29-16-1097-028. AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, N.A. PHS#281416 _ ';?0TH0 0T1A DEFENDANT SERVICE TEAM/ lads R AM 10-- 02 MICHELLE D. KLEIN COURT NO.: 11-8783-CIVI?,-U SERVE MICHELLE D. KLEIN AT: TYPE OF ACTION CUMBERLAND COUNT ?' 10 STINE AVENUE XX Notice of Sheriffs Sale PENNSYLVANIA CARLISLE, PA 17013-9649 SALE DATE: June 6, 2012 **DIVORCED- One cannot accept service for the other** SERVED Served and made known to MICHELLE D. KLEIN, Defendant on the 22! day of &44-j&(4201 ° , at dU , o'clock k. M., at 10 37-i NE E , ISLM, 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 3C Height 5':?- Weight GI 5- Race W Sex P Other I, T?uk-b ALL a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriff s 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: -3 P NAME: PRINTED NAME:: 61U/,{-LD (1/lG l-? TITLE: f" KUS U NOT SERVED On the _ day of , 20_, at _ o'clock _. M., Defendant NOT FOUND because: - Vacant _ Does Not Exist - Moved - Does Not Reside (Not Vacant) _ No Answer on at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 PHELAN HALLINAN & SCHMIEG, LLP Attorney for 'Plaintiff John Michael Kolesnik, Esq., Id. No.308877 i '@ n t I0: ".., 1617 JFK Boulevard, Suite 1400 , One Penn Center Plaza s r, ?i D C O U Philadelphia, PA 19103 * 215-563-70100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff, V. MICHELLE D. KLEIN Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 11-8783-CIVIL-TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hmto Exhibit "A". Date: IMPORTANT NOTICE: This property is be sold must be ii of a hael Kolesnik, Esquire for Plaintiff i61d at the direction of the plaintiff. It may not of the plaintiff at the Sheriffs Sale. The sale or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 281416 WELLS,FARGO BANK, N.A. Plaintiff MICHELLE 'D. KLEIN CIVIL DIVISION V MICHELLE D. KLEIN Defendant(s) SAME AS ABOVE CUMBERLAND COUNTY PHS # 281416 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 10 STINE AVENUE, CARLISLE, PA 17013-9649. Name and address of Owner(s) or reputed Owner(s): Name 2. 4. 5. Name and address of Defendant(s) in the judgment: Name COURT OF COMMON PLEAS NO.: 11-8783-CIVIL-TERM Address (if address cannot be reasonably ascertained, please so indicate) 10 STINE AVENUE CARLISLE, PA 17013-9649 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) WACHOVIA BANK, NATIONAL 301 SOUTH COLLEGE STREET ASSOCIATION VA0343 CHARLOTTE, NC 28288-0630 WACHOVIA BANK, NATIONAL P.O. BOX 50010 ASSOCIATION RETAIL CREDIT SERVICING ROANOKE, VA 24022 WACHOVIA BANK, NATIONAL ASSOCIATION P.O. BOX 2590 C/O FISERVLENDING SOLUTIONS CHICAGO, IL 60690 WACHOVIA BANK, NATIONAL ASSOCIATION 2550 N. REDHILL AVE. C/O CUSTOM RECORDING SOLUTIONS SANTA ANA, CA 92705 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT GRADY J. KLEIN C/O ANDREW H. SHAW, ESQUIRE GRADY J. KLEIN C/O JANE ADAMS, ESQUIRE GRADY J. KLEIN DOMESTIC,RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 10 STINE AVENUE CARLISLE, PA 17013-9649 1 S DEARBORN ST # 2900 CHICAGO, IL 60603 17 WEST SOUTH STREET CARLISLE, PA 17013 10 STINE AVE CARLISLE, PA 17013 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 Grady J. Klein 6409 Taylor Avenue Fort Meade, ME 20755-2124 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. § 41904 relating to unsworn falsification to authorities. Date: X) W/2 By: Hallinan & Schmieg, LLP Michael Kolesnik, Esq., Id. 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W a u Q U> co mao.d a a> " c0 x p a a 000 V d Wa a ?> ?a s a ?x wznU ?a ' g>-z F w-? F ? <r(U z CR W v e o - O[ 0 =W Zz 0 ia .d< CA .i , C#)i >U 0-100 N >04 0 0vWip 0 5FW O?ad >F.?. o l Q'd j wv -V.?xa? vE-,wE r"i, $w zl 9 OFkrmi U a0:a zm? a' ?0 Vz p a s? ? = u ., °q ° ?m ? z? in 5 W 3 V a00z a?ca Urs0o{Qj o VUZF ° "- uvpinCL? oa _ F 2? -"t a W m =7 p a ?E mlx ?o a=lumi W Q awapy 3m L =a° z> z F_ ?x o?u u_U 3aaos a o 3UaV do 3UN a_ 3°>v U°-u Z °cv?a V . oWo UGtiz ° ? ..a 0 ? W°°oC+ jawNn T W p4 F . . c. a? z * 41 U * * c o r ? A ? N t o 14 40 [ "o o O. ^_ I N 3 Z .J v SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith., i Chief Deputy jUI 1 Richard W Stewart I( MBE Solicitor ' f ENhS YLU F , : , A i i Wells Fargo Bank, N.A. I vs. Case Numbe? . Michelle D. Klein 2011-8783 03/19/2012 03/19/2012 06/06/2012 SHERIFF'S RETURN OF SERVICE 05:57 PM - Deputy Valerie Weary, being duly sworn according to law, states service was performed b posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 10 Stine Avenue, North Middleton Township, Carlisle, PA 17013, Cumbe lanc County. 05:57 PM - Deputy Valerie Weary, being duly sworn according to law, served the requested Real Esta e Writ, Notice and Description, in the above titled action, by making known its contents and at the same imE personally handing a true copy to a person representing themselves to be james lovedahl - father, who accepted as "Adult Person in Charge" for Michelle D. Klein at 10 Stine Avenue, North Middleton Township Carlisle, PA 17013, Cumberland County. Ronny R Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice h d been given according to law, he exposed the within described premises at public venue or outcry at th Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on June 06, 2012 at 10: 0 AM. He sold the same for the sum of $1.00 to Attorney Robert Cusick, on behalf of Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $882.22 July 12, 2012 SO ANSWERS, R ANDERSON, SHERIFF ? ? s pit 50 LL a. ?7? ,; t;cun• a tr 3har i F s?;t( ., WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. , NO.: 11-8783-CIVIL-TERM MICHELLE D. KLEIN Defendant(s) . CUMBERLAND COUNTY PHS # 281416 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 th Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 10 STINE AVENUE, CARLISLE PA 17013-9649. 1 2. 3. 4. Name and address of Owner(s) or reputed Owner(s): Name MICHELLE D. KLEIN Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) 5 SAME AS ABOVE 10 STINE AVENUE CARLISLE, PA 17013-9649 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to l e sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) WACHOVIA BANK, NATIONAL 301 SOUTH COLLEGE STREET ASSOCIATION VA0343 CHARLOTTE, NC 28288-0630 WACHOVIA BANK, NATIONAL P.O. BOX 50010 ASSOCIATION RETAIL CREDIT SERVICING ROANOKE., VA 24022 WACHOVIA BANK, NATIONAL ASSOCIATION P.O. BOX 2590 C/O FISERV LENDING SOLUTIONS CHICAGO, IL 60690 WACHOVIA BANK, NATIONAL ASSOCIATION 2550 N. REDHILL AVE. C/O CUSTOM RECORDING SOLUTIONS SANTA ANA, CA 92705 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7 Name and address of every other person of whom the plaintiff has knowledge who has any interest in the propert} which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT GRADY J. KLEIN C/O ANDREW H. SHAW, ESQUIRE GRADY J. KLEIN C/O JANE ADAMS, ESQUIRE GRADY J. KLEIN DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 10 STINE AVENUE CARLISLE, PA 17013-9649 1 S DEARBORN ST # 2900 CHICAGO, IL 60603 17 WEST SOUTH STREET CARLISLE, PA 17013 10 STINE AVE CARLISLE, PA 17013 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 171084754 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 of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: 2 .42, By: P an Hat inan & Schinieg, LLP ohn Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff penalties WELLS FARGO BANK, N.A. • : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO.:11-8783-CIVIL-TE1?tM MICHELLE D. KLEIN Defendant(s) : CUMBERLAND CO NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MICHELLE D. KLEIN 10 STINE AVENUE CARLISLE, PA 17013-9649 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION TAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BAN UPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 10 STINE AVENUE, CARLISLE, PA 17013-9649 is scheduled to e 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 $126,281.79 obtained by WELLS FARGO BAN N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said We 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, cost 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 j dgm if the judgment was improperly entered. You may also ask the Court to postpone the sale for good ca se. 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.) BE eOUR PROPEL EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 'OU HAVE OTHER l 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find price bid by calling 215-563-7000. out the 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate 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 ?iheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. i 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule f 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 acc rdance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with t 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 HA 17E 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. 11-8783-CIVIL-TERM WELLS FARGO BANK, N.A. vs. MICHELLE D. KLEIN owner(s) of property situate in the TOWNSHIP OF NORTH MIDDLETON, Cumberland County, Pennsylvania, being (Municipality) 10 STINE AVENUE, CARLISLE, PA 17013-9649 Parcel No. 29-16-1097-028. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $126,281.79 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION All that those certain tracts, lots or parcels of land, together with the improvements thereon erected, situate and being in the Township of North Middleton the County of Cumberland and Commonwealth of Pennsylvania, more particularly described according to survey of Thomas A. Neff, Registered Surveyor, dated July 24, 1969, as follows: Beginning at a point on the northern line of Stine Avenue, said point being 550 feet West of the center line Long's Gap Road, and at the line dividing Lots Nos. 16 and 17 on the hereinafter mentioned Plan of Lots; thence extending along the northern line of Stine Avenue, South 62 degrees 45 minutes West, 150 feet to a point; thence along lands now or formerly of Peach Belle Stine, North 27 degrees 15 minutes West, 150 fe to a point; thence along lands now or formerly of Peach Belle Stine, North 62 degrees 45 minutes East, 15 feet to a point on the line dividing Lots Nos. 16 and 17 on said Plan; thence along the said dividing line, South 27 degrees 15 minutes East, 150 feet to the point and place of beginning. UNDER AND SUBJECT to the restrictions in Plan Book 6, Page 41 as well as all other restrictions, easements, rights of way and/or covenants of record as well as visible inspection of the property. Being Lot Nos. 14,15 and 16 of Stine Development, Plan No. 2, recorded in Plan Book 6, Page 41. TITLE TO SAID PREMISES IS VESTED IN Michelle D. Klein, (a married woman), by Deed from Joshua M. Kerr and Rebecca M. Kerr, (h/w), dated 07/20/2006, recorded 07/24/2006 in Book 275, P 3953. PREMISES BEING: 10 STINE AVENUE, CARLISLE, PA 17013-9649 PARCEL NO. 29-16-1097-028. LEGAL DESCRIPTION All that those certain tracts, lots or parcels of land, together with the improvements thereon erected, situate and being in the Township of North Middleton the County of Cumberland and Commonwealth of Pennsylvania, more particularly described according to survey of Thomas A. Neff, Registered Surveyor, dated July 24, 1969, as follows: Beginning at a point on the northern line of Stine Avenue, said point being 550 feet West of the center line, Long's Gap Road, and at the line dividing Lots Nos. 16 and 17 on the hereinafter mentioned Plan of Lots; thence extending along the northern line of Stine Avenue, South 62 degrees 45 minutes West, 150 feet to a point; thence along lands now or formerly of Peach Belle Stine, North 27 degrees 15 minutes West, 150 fee to a point; thence along lands now or formerly of Peach Belle Stine, North 62 degrees 45 minutes East, 150, feet to a point on the line dividing Lots Nos. 16 and 17 on said Plan; thence along the said dividing line, South 27 degrees 15 minutes East, 150 feet to the point and place of beginning. UNDER AND SUBJECT to the restrictions in Plan Book 6, Page 41 as well as all other restrictions, easements, rights of way and/or covenants of record as well as visible inspection of the property. Being Lot Nos. 14, 15 and 16 of Stine Development, Plan No. 2, recorded in Plan Book 6, Page 41 TITLE TO SAID PREMISES IS VESTED IN Michelle D. Klein, (a married woman), by Deed from Joshua M. Kerr and Rebecca M. Kerr, (h/w), dated 07/20/2006, recorded 07/24/2006 in Book 275, R 3953. PREMISES BEING: 10 STINE AVENUE,, CARLISLE, PA 17013-9649 PARCEL NO. 29-16-1097-028. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 11-8783 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 MICHELLE D. KLEIN (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: $126,281.79 L.L.: $.50 Interest from 1/28/12 to Date of Sale ($20.76 per diem) -- $2,719.56 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $179.50 Other Costs: Plaintiff Paid: Date: 3/1/12 David D. Bu 11, Prothonotary (Seal) Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF TRUE COPY FROM In Testimony whereof, I here t +.na #0 sew or saa at c \S4 a ?, L set my hand lisle, Pa. 201 Prothonotary Telephone: 215-563-7000 Supreme Court ID No. 308877 On March 13, 2012 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA, known and numbered 10 Stine Avenue, Carlisle, PA 17013-9649 more fully described on Exhibit"A" filed with this writ and by this reference incorporated herein. Date: March 13, 2012 r For Claudia Brewbaker, Real Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2011-8783 Civil Term Wells Fargo Bank, N.A. VS. Michelle D. Klein Atty.: Daniel Schmieg All that those certain tracts, lots or parcels of land, together with the improvements thereon erected, situate and being in the Township of North Middleton the County of Cumberland and Commonwealth of Pennsylvania, more particularly described according to survey of Thomas A. Neff, Registered Surveyor, dated July 24, 1969, as follows: Beginning at a point on the north- ern line of Stine Avenue, said point being 550 feet West of the center line of Long's Gap Road, and at the line dividing Lots Nos. 16 and 17 on the hereinafter mentioned Plan of Lots; thence extending along the north- ern line of Stine Avenue, South 62 degrees 45 minutes West, 150 feet to a point; thence along lands now or formerly of Peach Belle Stine, North 27 degrees 15 minutes West, 150 feet to a point; thence along lands now or formerly of Peach Belle Stine, North 62 degrees 45 minutes East, 150 feet to a point on the line dividing Lots Nos. 16 and 17 on said Plan; thence along the said dividing line, South 27 degrees 15 minutes East, 150 feet to the point and place of beginning. UNDER AND SUBJECT to the restrictions in Plan Book 6, Page 41 as well as all other restrictions, easements, rights of way and/or covenants of record as well as visible inspection of the property. Being Lot Nos. 14, 15 and 16 of Stine Development, Plan No. 2, re- corded in Plan Book 6, Page 41. TITLE TO SAID PREMISES IS VESTED IN Michelle D. Klein, (a married woman), by Deed from Joshua M. Kerr and Rebecca M. Kerr, (h/w), dated 07/20/2006, recorded 07/24/2006 in Book 275, Page 3953. PREMISES BEING: 10 STINE AV- ENUE, CARLISLE, PA 17013-9649. PARCEL NO. 29-16-1097-028. 76 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 an, State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland La, Journal, a legal periodical published in the Borough of Carlisle in the County and State afores, 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 regularl 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: 27, May 4, and 11.2012 Affiant further deposes that he is authorized to verify this statement by the Cumberla Law Journal, a legal periodical of general circulation, and that he is not interested in the subj 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. L sa arie Coyne, Edito SWORN TO AND SUBSCRIBED before me this 11 da of Ma 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal National Mortgage Assoc is the grantee the same having been 'old to said grantee on the 6 day of June A.D., 2012, under and by virtue of a writ Execution issued on t1he 1 day of March, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 8783, at the suit of Wells Fargo Bank, N.A. against Michelle D. Klein is duly recorded as Instrument Number 201221092. IN TESTIMONY WHEREOF, I have hereunto set my hand and eal of said office this _ I daj? of A.D. „ ; . reco4 rder of )eeds ?? ?AwIft Of J* X204 The Patriot-News Co. 2020 Technology-Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ZhePatriot News 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 Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, i the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and he 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 1 th, 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 heir 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. IUBLICATION COPY This ad ran on the date(s) shown belo 104/27/12 105/04/12 105/11/12 Sworn to Notary , 2012 A. D. COMMONWEALTH OF PENNSYLVANIA Notarlal Seal Sherrie L. Owens, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires Nov. 26, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES 2011-8783 ClWl Term Wells Fargo Bank, N.A. vs Michelle D. Klein Atty. Daniel schmleg AN that those certain tracts lots or parcels of land, together with the improvements thereon erected, situate and being in the Township of North Middleton the County of Cumberland and Commonwealth of Pennsylvania, more particularly described according to survey of Thomas A. Neff, Registered Surveyor, dated July 24, 1969, as follows: Beginning at a point on the northern he of Stine Avenue, said point being 550 feet West of the center line of Long's Gap Road, and at the line dividing Lots Nos. 16 and 17 on the hereinafter mentioned Plan of Lots; thence extending along the northern line of Stine Avenue, South 62 degrees 45 minutes West, 150 feet to a point; thence along lands now or formerly of Peach Belle Stine, North 27 degrees 15 minutes West, 150 feet to a point thence along lands now or formerly of Peach Belle Stine, North 62 degrees 45 minutes East, 150 feet to a point on the he dividing Lots N s.16 and 17 on said Plan; thence along said dmdmg line, South 27 degrees minutes East, 150 feet to the point and cice of beginning, VDER AND SUBJECT to the restrictions in Plan Book 6, Page 41 as well N all other restrictions, easements, rights F way and/or covenants of record as well as ible inspection of the property. Being Lot Nos. 14,15 and 16 of Stine Development, Plan No. 2, recorded in Plan Book 6, Page 41. TITLE TO SAID PREMISES IS VESTED IN Michelle D, Klein, (a marrjed woman), by Deed from Joshua M. Kerr and Rebecca M. Kerr (h/w),dated 07/20/2006, recorded 07/24/2006 in Book 275, Page 3953. PREMISES BEING: 10 STINE AVENUE CARLISLE, PA 17013-9649 PARCEL NO. 29-16-1097-028.