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HomeMy WebLinkAbout11-9009SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy .? cs P!- f i'°, J T ; i ' G a Z? 12 '! `` ',-,I 10 P L: 10 Richard W Stewart Solicitor OPP C1.1 P, FLA1'40 r^l1"dTY PEN1,4SY'LVJ'?NIE Wells Fargo Bank, N.A. vs. James D. Tadewald (et al.) Case Number 2011-9009 SHERIFF'S RETURN OF SERVICE 01/06/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: James D. Tadewald, but was unable to locate him in hi: bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant James D. Tadewald. Request for service at 1101 Tunbridge Lane, Mechanicsburg, Pennsylvania 17050 is vacant. Deputies were advised, James D. Tadewald moved to California over one year ago. 01/06/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Lisa K. Tadewald, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Lisa K. Tadewald. Request for service at 1101 Tunbridge Lane, Mechanicsburg, Pennsylvania 17050 is vacant. Deputies were advised, Lisa K. Tadewald moved to California over one year ago. SHERIFF COST: $64.00 January 06, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. JAMES D. TADEWALD LISA K. TADEWALD Defendants FEB 28 A-ttg, 10: 0,-, !3UIMBERLAND COUNTY "IENNSYLVANIA ATTORNEY FOR PLAINTIFF' COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY No. 11-9009 CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE a) Qw'? %?I 5 ( t 0-k-4 P- *- a71 (oUL/ TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HAI,LIN- W& SCHMIEG, LLP By: ? wrence 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 ? R bert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 Attorneys for Plaintiff Date: February 24, 2012 /mig, Svc Dept. File# 2611 33 PLAINTIFF WELLS FARGO BANK, N.A. DEFENDANT JAMES D. TADEWALD LISA K. TADEWALD SERVE JAMES D. TADEWALD AT: 1200 MCCLAREN DRIVE CARMICHAEL, CA 95608-6118 PHS # 261133 SERVICE TEAM/ eve COURT NO.: 11-9009 CIVIL TYPE. OF ACTION XX Mortgage Foreclosure XX Civil Action SERVED Served and made known to fQlYleS Q? TAde Defendant on the day of 20 12, at o'clockP. M., at /200 Ue 40 h VQ in the manner described below: _ Defendant personally served. 44akinlMw el Ca . J,PQP(p//& ---a ?: ?y Adult family member with whom Defendan (s) reside(s). ..? M -T Relationship is t;Q "OCGGLPQ?I f All ft . =::0 -,Q M Adult in charge of Defendants residence who refused to give name or relationship. N Manager/Clerk of place of lodging in which Defendant(s) reside(s). om -4 Agent or person in charge of Defendant's office or usual place of business. p t -, 70i c -r1 an officer of said Defendant's company. =C) t t { ' E Other: a 55 - tr ?C- J. © d , Description: Age Height 5 7 Weight 0 Race Sex - Other `.; I, Nt ry &ar4 A , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Foreclosure Complaint in the manner as seA forth herein, issued in the captioned case on the date and at the address indicated above. 61 -- Sworn to and subscribed Commission TIFFANY J # 1937 1937583 ? )c ?? [ -? before me this C(*' day a "-?. Notary Public - California G GZf u Gr of (gyp 201ti z n San Mateo County My Comm. Expires May 21, 2015 WWWV'W Notapc- By: 1 NOT SERVED On the ay , 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: Sworn to and subscribed before me this day of _. By: Notary: LTTORNEY FOR PLAINTIFF .awrence T. Phelan, Esq., Id. No. 32227 rancis S. Hallinan, Esq., Id. No. 62695 )aniel G. Schmieg, Esq., Id. No. 62205 lichele M. Bradford, Esq., Id. No. 69849 udith T. Romano, Esq., Id. No. 58745 -nine R. Davey, Esq., Id. No. 87077 ,auren R. Tabas, Esq., Id. No. 93337 ay B. Jones, Esq., Id. No. 86657 .ndrew L. Spivack, Esq., Id. No. 84439 AFFIDAVIT OF SERVICE (FHLMC) CUMBERLAND COUNTY 'hrisovalante P. Fliakos, Esq., Id. No. 94620 'ourtenay R. Dunn, Esq., Id. No. 206779 dlison F. Wells, Esq., Id. No. 309519 Villiam E. Miller, Esq., Id. No. 308951 lelissa J. Cantwell, Esq., Id. No. 308912 lario J. Hanyon, Esq., Id. No. 203993 .ndrew J. Marley, Esq., Id. No. 312314 :obert W. Cusick, Esq., Id. No. 80193 ohn M. Kolesnik, Esq., Id. No. 308877 )ne Penn Center at Suburban Station 617 John F. Kennedy Blvd., Suite 1400 hiladelphia, PA 19103-1814 PLAINTIFF WELLS FARGO BANK, N.A. AFFIDAVIT OF SERVICE (FHLMC) CUMBERLAND COUNTY PHS # 261133 DEFENDANT JAMES D. TADEWALD LISA K. TADEWALD SERVE LISA K. TADEWALD AT: 1200 MCCLAREN DRIVE CARMICHAEL, CA 95608-6118 SERVICE TEAM/ cvc COURT NO.: 11-9009 CIVIL TYPE OF ACTION XX Mortgage Foreclosure XX Civil Action SERVED Served and made known to LISA K TADEWALD Defendant on the Tda f 204 t -+ . , y o 1 a r-.3 5--13K o'clock?. M., at C , in the manner described below: rn cxa )C Defendant personally served. C jy?? Q Ca • q5&0 f -6119 Adult family member with whom Defendant(s) reside(s). ,r- tv C317 Relationship is C -t - Adult in charge of Defendant's residence who refused to give name or relationship. C-' = Y v Manager/Clerk of place of lodging ? which Defendants resides . in = C ?? = <7 r _ Agent or person in charge of Defendant's office or usual place of business. 57> _.cz: ,r .. an officer of said Defendant's company. Other: - Description: Age 56' Height 59' Weight /40 Race Sex F Other I, 14th ry 6 a"&a, a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Foreclosure Complaint in the manner as set fort herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed TIFFANY JENSEN X before me this day Commission # 1937583 a "t=ni Notary Public - California z of 2QZ . z iw•_,_. r z San Mateo County I My Comm. Expires May 21, 2015 No?' By: NOT SERVED On the day o 20_, at o'clock _. M., Defendant NOT FOUND because: Vacant Does Not Exist No Answer on at ; Service Refused Moved - Does Not Reside (Not Vacant) at Other: Sworn to and subscribed before me this day - of _?? . By: Notary: LTTORNEY FOR PLAINTIFF .awrence T. Phelan, Esq., Id. No. 32227 rancis S. Hallinan, Esq., Id. No. 62695 )aniel G. Schmieg, Esq., Id. No. 62205 4ichele M. Bradford, Esq., Id. No. 69849 udith T. Romano, Esq., Id. No. 58745 -nine R. Davey, Esq., Id. No. 87077 ,auren R. Tabas, Esq., Id. No. 93337 ay B. Jones, Esq., Id. No. 86657 .ndrew L. Spivack, Esq., Id. No. 84439 'hrisovalante P. Fliakos, Esq., Id. No. 94620 'ourtenay R. Dunn, Esq., Id. No. 206779 ,Ilison F. Wells, Esq., Id. No. 309519 Villiam E. Miller, Esq., Id. No. 308951 4elissa J. Cantwell, Esq., Id. No. 308912 4ario J. Hanyon, Esq., Id. No. 203993 ,ndrew J. Marley, Esq., Id. No. 312314 :obert W. Cusick, Esq., Id. No. 80193 ohn M. Kolesnik, Esq., Id. No. 308877 )ne Penn Center at Suburban Station 617 John F. Kennedy Blvd., Suite 1400 hiladelphia, PA 19103-1814 PHELAN HALLINAN & SCHMIEG, LtP a L ii 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 WELLS FARGO BANK, N.A. VS. JAMES D. TADEWALD LISA K. TADEWALD 1f3ERL HEAD C0UN T' ' r EhI SYLVANIA CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 11-9009 CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JAMES D. TADEWALD, and LISA K. TADEWALD, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint TOTAL $285,591.46 $285,591.46 I hereby certify that (1) the Defendants' last known addresses are 1200 MCCLAREN DRIVE, CARMICHAEL, CA 95608-6118 and 1101 TUNBRIDGE LANE, MECHANICSBURG, PA 17050-7692, and (2) that notice has been given in accor Rule Pa.R.C.P 237.1. Date e 're Q?aV .SO ?d d? Attorney for Plaintiff 117 q Poo 74 9 LP ?A DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 13HS # 261133 PROTHONOTARY 261133 PHELAN 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. VS. JAMES D. TADEWALD LISA K. TADEWALD Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 11-9009 CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) JAMES D. TADEWALD is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant JAMES D. TADEWALD is over 18 years of age and resides at 1200 MCCLAREN DRIVE, CARMICHAEL, CA 95608-6118 and 1101 TUNBRIDGE LANE, MECHANICSBURG, PA 17050-7692. (c) that Plaintiff is without information sufficient to determine whether the defendant(s) LISA K. TADEWALD is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (d) that defendant LISA K. TADEWALD is over 18 years of age and resides at 1101 TUNBRIDGE LANE, MECHANICSBURG, PA 17050-7692 and 1200 MCCLAREN DRIVE, CARMICHAEL, CA 95608-6118. This statement is made subject to the penalties of 18 Pa. C.S. 904 relating to unsworn falsification to authorities. Date U?kl ells, Attorney for Plai 261133 (Rule of Civil Procedure No. 236) - Revised WELLS FARGO BANK, N.A. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS JAMES D. TADEWALD . LISA K. TADEWALD CIVIL DIVISION No. 11-9009 CIVIL Notice is given that a Judgment in the above captioned matter has been entered,. against you on YPU By: t,.. - 1t If you have any questions concerning this matter please contact: Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONL Y ENFORCEMENT OFA LIEN AGAINSTPROPERTY.** 261133 'WELLS FARGO BANK. N.A. Plaintiff JAMES D. TADEWALD LISA K. TADEWALD Defendant(s) TO: LISA K TADEWALD 1200 MCCLAREN DRIVE CARMICHAEL, C'. (,560$-6118 DATE OF NOTICE: COURT OFCOMMON PLEAS CIVIL DIVISON NO. 1 1-9009 CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCI; 15 NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE, COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE, SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HME 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 FF.E. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (7t7)?-119-3166 By: m P1 atthe shwood, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 261 133 V\ :LL S FARGO BANK, N.A. Plaintiff JAMES I). TADEWALD LISA K. TADEWALD Defendant(s) TO: LISA K. TADEWALD 1101 TUNBRIDGE LANE MECHANICSBURG, A L7050-7692 DATE OF NOTICE: L? COURT OF COMMON PI EAS CIVIL DIV ISON NO. 11-9009 CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR A"I'TEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL, BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN -PPF,ARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRTTLNG WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. fF 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. Office of the Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY 13AR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 f B y:: Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 261133 ZVELLS FARGO BANK, N.A. V. Plaintiff' COURT OF COMMON PLEAS CIVIL DIVISON NO. 11-9009 CIVIL JAMES D. TADEWALD LISA K. TADEWALD Defendant(s) TO: JAMES D. TADEWALD 1701 TUNBRIDGE LANE MECHANICSBI_JRr PA 17050-7692 DATE OF NOTICE: IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA'T'ION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HM-E 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. Office of the Prothonotary Cumberland County COUrIhoUSe I Courthouse Square Carlisle, PA 17013 (7 J.7) 240-6195 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN AT'T'EMPT 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, BUTONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: M tthe ishwood, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 261133 WELLS FARGO BANK, N.A. Plaintifl JAMES D. TADEWALD LISA K. TADEWALD Defendant(s) TOE JAMES D. TADF..WALD 1200 MCCLAREN DRIVE CARMICHAEL, CA 95608-6118 DATE OF NOTICE: L. COURT OF COMMON PI EAS CIVIL DIVISON NO. t 1-9009 CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL, BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENTOF 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 NVITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR. PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Officc of the Prothonotary Cumberland County CourlhOUSe I Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CIJMBF,RLAND COUNTY COURTHOUSE 2 L113ERTY AVENUE, CARLISLE, PA 17013 (717) 249-3166 By Iti ttlx;w rushwood, Esquire Attorney for Plaintiff Phelan Hatlinan & Sehmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 261133 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WELLS FARGO SANK, N.A. Plaintiff v JAMES D. TADEWALD LISA K. TADEWALD Defendant(s) To the Prothonotary: COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-9009 CIVIL CUMBERLAND COUNTY Issue writ of execution in the above matter: Amount Due $285,591.46 $6,197.40 :-_, Interest from 04/27/2012 to Date of Sale ($46.95 per diem) TOTAL mac, :a .- eletr-Ig_1(istAn & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff Note: Please attach description of property. PHS # 261133 O s 4a8.- Po n-n-y log{. 00 CBS' ga.00 x(..50 a•5o a15. as- ?o Any 4a. a.5 bw- Co So LA_ C# llga AD e'2704 PE 06+ 4UwLa b > o0 00 as W 00 O > o W 00 > o ? ¢ Q rn Q Q rn 3z? QZU In. Qua wo -' Ha¢ ¢.Qa¢ ''d o °o 'b Q N Q uo .-i N Q ti r-. U ...a ,-- U d O ? az z H O Z A d q °° [? v 1 3 0 H A ' w q W cd d w d OUCH a y w ? A go AE'` °' t ?? W w ? ? x V ?v W 3 ?a a w aC) M °° z ?w I,? W c ?, a o xw; C C N C O yC„ y O w¢¢ PHELAN 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. Plaintiff V. JAMES D. TADEWALD LISA K. TADEWALD Defendant(s) Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-9009 CIVIL 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 rel authorities. Phelan HA16n_n& Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff ?.a '7>:._ ?? .. ification to I WELLS FARGO BANK, N.A. Plaintiff V. JAMES D. TADEWALD LISA K. TADEWALD Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-9009 CIVIL CUMBERLAND COUNTY PHS # 261133 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 1101 TUNBRIDGE LANE, MECHANICSBURG, PA 17050-7692. 1. Name and address of Owner(s) or reputed Owner(s): V Name Address (if address cannot be reasonably ?,. '. ascertained, please so indicate) ? w, -- `.- JAMES D. TADEWALD 1200 MCCLAREN DRIVE ? - 'J - CARMICHAEL, CA 95608-6118 LISA K. TADEWALD 1200 MCCLAREN DRIVE Tw CARMICHAEL, CA 95608-6118 m? 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) PNC BANK, N. A. 2730 LIBERTY AVENUE PITTSBURGH, PA 15222 PNC BANK, N. A. C/O PNC BANK - MAILSTOP P5-PCLC-0I-I CONSUMER LOAN CENTER MORTGAGE 2730 LIBERTY AVE SERVICING PITTSBURGH, PA 15222 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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) THE HIGHLANDS OF HAMPDEN CIVIC 1100 TIVERTON ROAD ASSOCIATION MECHANICSBURG, PA 17050 Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name TENANT/OCCUPANT DOMESTIC RELATIONS OF CUMBERLAND COUNTY Address (if address cannot be reasonably ascertained, please indicate) 1101 TUNBRIDGE LANE MECHANICSBURG, PA 17050-7692 13 NORTH HANOVER STREET CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 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: By ele U!U0&tkSchmieg, LLP Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. : NO.: 11-9009 CIVIL JAMES D. TADEWALD LISA K. TADEWALD CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERT ?. -u TO: JAMES D. TADEWALD -?_'- LISA K. TADEWALD 1200 MCCLAREN DRIVE' :7- 4 CARMICHAEL, CA 95608-6118 - "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 1101 TUNBRIDGE LANE, MECHANICSBURG, PA 17050-7692 is scheduled to be sold at the Sheriffs Sale on 09/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $285,591.46 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 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 ALL THAT CERTAIN lot or tract of ground situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern right of way line of Weymouth Drive at its intersection with the western right of way line of Tunbridge Lane; thence along said northern right of way line of Weymouth Drive by a curve to the right, said curve having a radius of 20.00 feet and an arc distance of 31.42 feet to a point; thence along the same South 76 degrees 00 minutes 00 seconds West, 90.00 feet to a point being the southeast corner of Lot #479; thence along Lot #479 North 14 degrees 00 minutes 00 seconds West, 115.00 feet to a point at lands of South Central Service Corp., Hampden Square and Chet Acker; thence along said lands North 76 degrees 00 minutes 00 seconds East, 110.00 feet to a point on the western right of way line of Tunbridge Lane; thence along said right of way line South 14 degrees 00 minutes 00 seconds East, 95.00 feet to a point, being the place of BEGINNING. CONTAINING 12,564 square feet. BEING Lot #4480 on final plan no. 6 of The Highlands of Hampden Square Phase I Recorded in Plan Book 53, Page 112, Cumberland County records. TITLE TO SAID PREMISES VESTED IN James D. Tadewald and Lisa K. Tadewald, by Deed from Richard E. Johnson and Nancy R. Johnson, dated 02/14/2005, recorded 02/15/2005 in Book 267, Page 2723. PREMISES BEING: 1101 TUNBRIDGE LANE, MECHANICSBURG, PA 17050-7692 PARCEL NO. 10-16-1056-122 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-9009 CIVIL WELLS FARGO BANK, N.A. vs. JAMES D. TADEWALD LISA K. TADEWALD owner(s) of property situate in the TOWNSHIP OF HAMPDEN, Cumberland County, Pennsylvania, being (Municipality) 1101 TUNBRIDGE LANE, MECHANICSBURG, PA 17050-7692 Parcel No. 10-16-1056-122 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $285,591.46 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 11-9009 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 JAMES D. TADEWALD and LISA K. TADEWALD (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: $285,591.46 L.L.: $.50 Interest from 4/27/12 to Date of Sale ($46.95 per diem) -- $6,197.40 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $215.25 Other Costs: Plaintiff Paid: Date: 6/1/2012 !??\---- David D. Bu 1, Prothonotary (Seal) Deputy REQUESTING PARTY: Name: ALLISON F. WELLS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD, SUITE 1400 PHILADELPHIA. PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 309519 5 ED-0FF 10 E 2€12 JUL 12 A3'I 9: 21+ CUMBERLAND C0TITY PENNSYLVANIA 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 JAMES D. TADEWALD LISA K. TADEWALD No.: 11-9009 CIVIL Defendants RULE AND NOW, this day of 2012, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's 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 THE COURT -,;e" k"(0< J. 261133 d I Allison F. Wells, Esq., Id. No.309519 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, P.A 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 JAMES D. TADEWALD LISA K. TADEWALD 1200 MCCLAREN DRIVE CARMICHAEL, CA 95608-6118 JAMES D. TADEWALD LISA K. TADEWALD 1101 TUNBRIDGE LANE MECHANICSBURG, PA 17050-7692 261133 Phelan 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. Plaintiff vs. JAMES D. TADEWALD LISA K. TADEWALD Defendants 2012 JUL 20 AN (1 ? C? CUMBERLAND COUN a PENNSYLVANIA ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-9009 CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's July 12, 2012 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. JAMES D. TADEWALD LISA K. TADEWALD 1200 MCCLAREN DRIVE CARMICHAEL, CA 95608-6118 DATE: -:?, JAMES D. TADEWALD LISA K. TADEWALD 1101 TUNBRIDGE LANE MECHANICSBURG, PA 17050-7692 Phelan H n chmieg, LLP Allison F. Wells, Esquire Attorney for Plaintiff 26113' FILED-OFFICE OF THE PROTHONOTARY ?.112 AUG - 3 AM I0; a 4 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff VS. JAMES D. TADEWALD LISA K. TADEWALD Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-9009 CIVIL 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 July 10, 2012. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a of its proposed Motion to Reassess Damages and Order to the Defendants on June 29, 2012 requested the Defendants' Concurrence. Plaintiff did not receive any response from the 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 by the Honorable Christylee L. Peck on or about July 12, 20 directing the Defendants to show cause by July 31, 2012 why the Motion to Reassess ?2 261133 should not be granted. A true and correct copy of the Rule is attached hereto, made part and marked Exhibit "B." 4. The Rule to Show Cause was timely served upon all parties on July 19, 2012 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 July 31, 2012. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. By: rlan H an & Schmieg, LLP ?j DATE: Me issa J. Cantwell, 're Attorney for Plaintiff 261133 Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey June 29, 2012 JAMES D. TADEWALD LISA K. TADEWAL,D 1200 MCCLAREN DRIVE CARMICHAEL, CA 95608-6118 JAMES D. TADEWALD LISA K. TADEWALD 1101 TUNBRIDGE LANE MECHANICSBURG, PA 17050-7692 RE: WELLS FARGO BANK, N.A. v. JAMES D. TADEWALD and LISA K. TADEWALD Premises Address: 1101 TUNBRIDGE LANE MECHANICSBURG, PA 17050 CUMBERLAND County CCP, No. 11-9009 CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damage; 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 July 5, 2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly '~f Allison F. W 1, £` tsire Attorney for Plaintiff Enclosure 261L r '--,€4 ??YJ OCOZC" C Q ao -?7 °v bA Y o a?i r H 'd z<0 N ? y G N U E F u E,7. oa .? u x u N ? W F O '- O O O v?.F fi{S FA 59 A M = 3 a 0 ? E ? a ^ 'E o {w o E c ° v 3 F C ?. E u ? E x E c ro x n W E „ U U ? d .. v F N v ? u E E ? E e o m 7 ? U O 0 O O ? ? " 0 U Y V N O ? A o w t.5 ? ~ H O O U v O ? N Ai p ' m > w O T? O C W w ti O G N F Vl O G ? ? f ;? x rn ( j H _ AN H ? u E o N f-+'w c?a4 Qw cm L d ; w o V u 'E u 4. c 0 n in ? a: W O ? ? eo O ^' tf) .._ u 00 > ? W d " tn d v1 dAAd v dA, a? A y w3z 'w3v H d A Q d C A 0 ti 4 0? U ? V) 0 d c QFUV V" QFzz d u o0 ?x ?I N a 'X 'X b u w ? o a E M M N Exhibit "B" P ? NuN'N !'A U t?!lji RLAt o Cotj'?' , l ENE! 'S Yl V? ; IN THE COURT OF COMMON PLEAS OF t",UMBERLAND COUNTY PENNSYLVANIA W)=I..I..,S FARGO BANK, N.A. Court ref Cornmon Pleas Plaintiff Civil Division V. CLMBERI.AND County JAMES D. TADEWAL,.D 1,ISA K. TA.DEWALD No.: 11-4009 CIVIL Defendants RULE AND NOW. day of ?u - .2012, a Rule is entered upon the De: to show cause why an Order should not be entered granting Plai.nt:ifPs Motion to Reass s Damages. Defer_dants shall have twenty (20) days from the date of this Order In file: a response tc Plaintiff'., Motion to Reassess Damages. If no response is `lied with the Court, Plaintiff may fit a Tti:lot.ion to Make Rule Absolute and no hearing will be scheduled on this hatter. BY TTTF COIJlt1. 2611 Exhibit "C" r;LELD-l11" Phelan 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. Plaintiff vs. JAMES D. TADEWALD LISA K. TADEWALD Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-9009 CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's July 12, 2012 Rule directing the Defendants t show cause as 1 Why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. JAMES D. TADEWALD LISA K. TADEWALD 1200 MCCLAREN DRIVE CARMICHAEL, CA 95608-6118 DATE: 202 JUL 20 AM I k r15 0t1MOERLAN0 1',o tri' PENNSYLVAfflt? JAMES D. TADEWALD LISA K. TADEWALD 1101 TUNBRIDGE LANE MECHANICSBURG, PA 17050-7692 Phelan 1'I 11n??rriie, LLP e Allison F. Wells, Esquire Attorney for Plaintiff 261133 Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. JAMES D. TADEWALD LISA K. TADEWALD CUMBERLAND County No.: 11-9009 CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absol was served upon the following individuals on the date indicated below. JAMES D. TADEWALD LISA K. TADEWALD 1200 MCCLAREN DRIVE CARMICHAEL, CA 95608-6118 JAMES D. TADEWALD LISA K. TADEWALD 1101 TUNBRIDGE LANE MECHANICSBURG, PA 17050-7692 Phelan H linan & Schmieg, LLP DATE: /9L, By: Melissa J. Cantwell, Esquire Attorney for Plaintiff 2611$3 AFFIDAVIT OF SERVICE (FHLMQ -: PLAINTIFF CUMBERLAND COUNTY c .. f WELLS FARGO BANK, N.A. ?-- PHS # 261133 r1l G t DEFENDANT SERVICE 1EAMI1xh x t ? JAMES D. TADEWALD COURT NO.: 11-OW CIVIL 'v co "? -{ LISA K. TADEWALD 'T. SERVE JAMES D. TADEWALD AT: TYPE OF ACTION Z d'. 1 1200 MCCLAREN DRIVE XX Notice of Sherifrs Sale C:> --? - ; CARMICHAEL, CA 95608-6118 SALE DATE: September 5, 20 W 12 p? -i -C ? SERVED Served and made known to JAMES D. T WALD, Defendant on the L%day of JkAB , 20 !2 at d clock _P M., at 12AO C 46M D7ifk! , in the manner described below: Defendant personally served. - AL' . 176W8 75 Adult family member with whom Defendant(s) reside(s). Relationship is 10-06 C!/??I1t 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: ? --f Description: Age Height r0 ,D Weight /&D Race Aj Sex P Other ftablv A741;-, I, /'?/ C lI'UG? , a competent adult, being duly sworn according to law, depos d state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth h , issued in the captioned case on the date and at the address indicated above. Sworn to and subqcnbed k before me this da ` ° TIFFANY JENSEN /?' `, Commission # 1937583 6740-64'A ofZwr0. 2011- Notary Public - California z / Z D_ z San Mateo County Notary.. B \ My Comm. Expires k! v " ?^l5 On the day of 20 D , 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: Sworn to and subscribed before me this day of , 20_. By: Notary: 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. Welts, Esq., Id. No. 309519 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id_ No. 308877 Matthew G. Brushwood, Esq., Id. No. 310592 Dana B. Ostrovsky, Esq., Id. No. 83921 Zachary J. Jones, Esq., Id. No. 310721 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 eyes 10 AFFIDAVIT OF SERVICE (FHLMC) PLAINTWF CUMBERLAND COUNTY WELLS FARGO BANK, N.A. PHS #261133 DEFENDANT SERVICE TEAM/Ixh L. JAMES D. TADEWALD COURT NO.: 11-9009 CIVIL -- LISA K. TADEWALD SERVE LISA K. TADEWALD AT: TYPE OF ACTION 1200 MCCLAREN DRIVE CARMICHAE XX Notice of Sheriffs Sale I-, CA 9560&6118 SALE DATE: September 5, 2012 ?D cc) SERVED C3 3:_ 8 T I?> ca ? --? Served and made known to K TADEWALD Defendant on the day of fLfirl C , 20 rt2 i C C) o'clock. M, at ! /YQ in the manner described below: cr " GIMO ME t 3E?Defendant personally served. 'I'/77I QG r ,#• QV g _ 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 4K Height &'0V Weight 40 Race OJ Sex _ Other Brr, ,-j h r!-I L, ' C-292 "t a competent adult, being duly sworn according to law, dep and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth h ein, issued in the captioned case on the date and at the address indicated above. Sworn to and subaqibed TIFFANY JENSEN )C ? .,..i.r`\ Commission # 1937583 __-- before me this (o" \ da)? Notary Public - California z I LL''..? 6'a re4, of •? 20"- z / San Mateo County D My Comm. Expires May 21, 2015 Notary: NOT SERVED On the day , 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: Sworn to and subscribed before me this day of , 20L. By. Notary: ATTORNEY R PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schtnieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. Na 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. SPivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 Melissa J. Cantwell. Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 Matthew G. Brushwood, Esq., Id. No. 310592 Dana B. Ostrovsky, Esq., Id. No. 83921 Zachary J. Jones, Esq., Id. No. 310721 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff Court of Common Pleas Civil Division Mcc CUMBERLAND Coin • r% No.: 11-9009 CIVIL N C.r Cal YM _r, n`?y ovs. JAMES D. TADEWALD LISA K. TADEWALD Defendants OD XW ORDER AND NOW, this ?? day of J12, 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 Interest Through September 5, 2012 Per Diem $39.16 Legal fees Cost of Suit and Title Property Inspections Property Preservation Escrow Deficit Suspense/Misc. Credits $265,910.52 $29,978.93 $1,750.00 $1,423.75 $300.00 $1,590.00 $20,143.63 ($128.20) TOTAL $320,968.63 Plus interest from September 5, 2012 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. `? ?m?s n ? LiSc} T::dt?ld BY THE COURT: J. 261133 PHELAN HALLINAN & SCHMIEG, LLP Andrew J. Marley, Esq., Id. No.312314 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. JAMES D. TADEWALD LISA K. TADEWALD Defendant(s) '~11 AUK 16 AM t0~ 4 Attorney for Plaintiff (~ ~U °EN YCV BOUNTY ANfA CUMBERLAND COURT OF PLEAS CIVIL DIVISION No.: 11-9009 CIVIL I, AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.11 COMMONWEALTH OF PENNSYLVANIA ) ', PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notace of Sale has been given to ienholders and any known interested party in the manner required by Pa. R.C.P. 3129 (c) on each of the persons or parties named, at that address, set forth on the Affidavit an as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certifi Mail Return Receipt stamped by the U.S. Postal Service is attached herete-l~ xhibit "A". ~w J. Marley, Esgmn ~ Attorney for Plaintiff Date: l IMPORTANT NOTICE: This property is sold at the direction of the must be postponed or stayed in the event that a representative of the at the sale. iff. It may not tle. The sale f is not present PHS # 261133 ~+ 1 WELLS FARGO BANK, N.A. COURT' pF COMMON Plaintiff CIVIL I~ ~VISION v. NO.: 11- '009 CIVIL JAMES D. TADEWALD ~ LISA K. TADEWALD ' Defendant(s) CUMBE AND COUN PHS # 2 1 1133 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, N.A., Plaintiff in the above action, by the undersigned attorney, sets f as of the date the for the Writ of Execution was filed, the following inforniation concerning the real property located at 1101 NBRIDGE LAr MECHANICSBURG, PA 17050-7692. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ', ascertained, please so indicate) JAMES D. TADEWALD 1200 MCCLAREN DRIVE CARMICHAEL, CA 95608-6118 LISA K. TADEWALD 1200 MCCLAREN DRIVE CARMICHAEL, CA 95608-6118 2. Name and address of Defendant(s), in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) IC SAME AS ABOVE I l 3. Name and last known address of every judgment creditor whose judgment is a record lien on tt~ real property to b~ Name Address (if address cannot be reasonably ascertained, please indicate) ', Steven W. Scheinkman 300 Corporate Center Drive Suite 602 Camp Hill, PA 17011 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be I reasonably ascertained, please indicate) 'i l PNC Bank, N. A. 2730 Liberty Avenue j Pittsburgh, PA ]5222 '~ PNC Bank, N. A. MAILSTOP PS-PCLC-OI-I C/O PNC BANK -CONSUMER LOAN 2730 LIBERTY AVE CENTER MORTGAGE SERVICING PITTSBURGH, PA 15222 ~~, 5. Name and address of every other person who has any record lien on the property: I' Name Address (if address cannot be reasonably ascertained, please indicate) I~ Hampden Township Snelbaker & Brenneman, P.C. ~i, C/O Keith Orr Brenneman, ESQ. 44 W MAIN STREET MECHANICSBURG, PA 17055 ~I PLEAS ~ sold: Hampden Township 230 South Sporting Hill Road Mechanicsburg, PA 17055 6. Name and address of every other person who has any record interest in the property and whose interest may be sale. '' Name Address (if address cannot be ', reasonably ascertained, please indicate) '~, THE HIGHLANDS OF HAMPDEN CIVIC 1100 TIVERTON ROAD ASSOCIATION MECHANICSBURG, PA 17050 !, 7. Name and address of every other person of whom the plaintiff has knowledge who has any int. be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) ~, TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Federal Building 1101 TUNBRIDGE LANE MECHANICSBURG, PA 17050-76921, 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box l 1754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the be: knowledge or information and belief. I understand that false statements herein are m~ of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: /~... By. an Hallinan & Schmieg, LLP Andrew J. Marley, Esq., Id. No.312 Attorney for Plaintiff in the property 1 of my personal e subject to the by the may Name and Phahm Hallman k Schmieg, [.LP Address 1617 JFIC Boulevard, Suite 1400 Of Sender Gras Peon Center Plan Phihdel h' PA 19!03 [.ine Arti ek Number Naps et AJdnsrne, Street, and 1 •••• E4a~tpiks Taraahlp Clio Keith StdMhar! h~esae®nn. P.C. 4• W MAIiV STREET MSCHAl1KSlURG PA 17055 2 '•`" H~eea~ TowaahiP of 230 loath Sporthr~ Hi0 Road PA 17056 3 •••• Sbvea W. Scheloksaa 3M C6rporate Center Drive Seib 602 Gm' Hill, PA 17011 PiaoaalardMSader ~ RaedvetrlkatOaSx %. f i i 261133/1026 Paget oil 45 ay '[h.frl+drriadnirsu~giw/aoid~r~ic i~0irrisY ntri Sti ae ue eaoe.rrais deaegwiir tareeru ~ 6srr Mae r aea reaeoaaai pwoe rYjesreaed erlloe~aos paaaaea~oa '[M~wes3ras peite-a,rnr'~ '[3~eniriitrrfyp~WrftSAAeebrpe~lmd.wet~~i6 iue~s. 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A ~ ~ ~ .~ m ~ m G. to n 7C t-~., ~ 7C ''ef Z ~ ~e z C"j 7p ~j ~', ° ~ °c w C7ys'~ ~ o ~ YpC y"'~,=~°e o ^'• 0~o0~'x•-3<v ~ ': ~.~`"(") YR ` c ,-? a V; °° ~ o ~a `° a ~~w~ o ~ CZa"o~"ti' III C~b.ro ~-d?; ~' y -~ v~ ~ y 70 v,= Y ~ A n ~ 7o tri n ~ ~; a. .. be ~ ego c ,"',~ ~ o ~ ~ R`1 °'~OO~trlr`r1J Ieco nr,z~,,°w":n ~n t"A c~ ~~ ~c .. ~ c ~' ~ c ~ cr r", = ~ T~ X ,' o z ,~ ~ n c N o a y' ,y Y ~-3 .. Q: z! 3 0 H n a n i-_l ~ ~ :iy~, ~.. ~ ~~ '" ~ ~ ~~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 4. _ it , r .. t t~:~- I i it ~~.lti ` "^.. Jody S Smith Chief Deputy Richard W Stewart Solicitor 2C'!~ ~~0~ -b ~~9 ~'~ c{ C J'~B-E ~~ L/1~hY ~ ~Ey:';~ J+ ~ ~ ~' r`~tH~S 1 ~,711'~i~4i~~i Wells Fargo Bank. N ,~~. vs. James D Tadewald (et al.) Case Number 2011-9009 SHERIFF'S RETURN OF SERVICE 06/22/2012 05:58 PM -Deputy Ryan Burgett, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 1101 Tunbridge Lane, Hampden Township, Mechanicsburg, PA 17050, Cumberland County. 09/06/2012 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, Carlisle, PA on Septerrrber 5, 2012 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Federal Home Loan Mortgage Corporation , being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $768.35 SO ANSWERS, ,~~ ;-, November 05, 2012 RONf~ R ANDERSON. SHERIFF ~~ Dd p~• Qr.~ ~- aS'J~al- Co. S~ !~ p~(, ~~ ~ ~~~ WF,LLS FARCO BANK, N.A. Plaintiff v. .TAMES D. TADEWALD LISA K. TADEWALD Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-9009 CIVIL CUMBERLAND COUNTY PHS # 261133 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 1101 TUNBRIDGE LANE, MECHANICSBURG, PA 17050-7692. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) JAMES D. TADEWALD 1200 MCCLAREN DRIVE CARMICHAEL, CA 95608-6118 LISA K. TADEWALD 1200 MCCLAREN DRIVE CARMICHAEL, CA 95608-6118 2. Name and address of Defendant(s) in the jud~,nnent Name Address (i f address cannot be reasonable ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonabhi ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonabh~ ascertained, please indicate i PNC BANK, N. A. 2730 LIBERTY AVENUE PITTSBURGH, PA 15222 PNC BANK, N. A. C/O PNC BANK - MAILSTOP PS-PCLC-OI-I CONSUMER. LOAN CENTER MORTGAGE 2730 LIBERTY AVE SF,RV[ClN(: PIT"TSBLIRGH, PA 15222 5. Name and address of every other person who has an y record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. (i. Name end address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (i1~ address cannot be reasonably ascertained, please indicate) THE HIGHLANDS OF HAMPllEN CIVIC 1100 TIVERTON ROAD ASSOC[ATION MECHANICSBURG, PA 17050 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/OCCiJPANT 1101 TUNBRIDGE LANE MECHANICSBURG, PA 17050-7692 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 l_LS. llEPAR'I'MENT OF JUSTICE 228 WALNUT STRF,ET, SUITE 22(1 t_J.S. ATTORNEY FOR THE M[DDLE PO BOX 11754 DISTRICT OF PA HARRISBURG, PA 17108-1754 FEDERAL BUILDING l 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~ct to the penalties of l 8 Pa. C.S.A. ~ 4904 relating to unswonl falsification to authorities. ~--a /~ B: Date __ ~~ y - Schmieg, LLP Allison F. Wells, Esq., Id. No.309~ 19 Attorney for Plaintiff ~ WELLS FARGO L-IANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. NO.: 11-9009 CIVIL JAMES D. TADEWALD LISA K. TADEWALD CUMBERLANll COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JAMES ll. TADEWALD LISA K. TADEWALD 1200 MCCLAREN DRIVE CARMICHAEL, C'A 95608-6118 * *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 1101 TUNBRIDGE LANF,, MECHANICSBURG, PA 17050-7692 is scheduled to be sold. at the Sheriff s Sale on 09/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $285,591.46 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 I3E AISLE "f0 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. ~. '1'ou 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 PLACF,. 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. ?. You may he 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 frill 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 W"HERE 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 DESCRLPTION ALL 7~HAT CERTAIN lot or tract of ground situate in Hampden Township, Cumberland County.. Pennsylvania. more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern right of way line of Weymouth Drive at its intersection with the western right of way line of Tunbridge Lane; thence along said northern right of way line of Weymouth Drive by a curve to the right, said curve having a radius of 20.00 feet and an arc distance of 3 l .42 feet to a point; thence along the same South 76 degrees 00 minutes 00 seconds West, 90.00 feet to a point being the southeast corder of Lot #479; thence along Lot #479 North 14 degrees 00 minutes 00 seconds West, 1 15.00 feet to a point. at lands of South Central Service Corp., Hampden Square and Chet Acker; thence along said lands North 76 degrees 00 minutes 00 seconds East, l l 0.00 feet to a point on the western right of way line of Tunbridge Lane, thence along said right of way line South 14 degrees 00 minutes 00 seconds East, 95.00 feet to a point, being the place of BEGINNING. CONTAINING 12,564 square feet. BEING Lot #4480 on final plan no. 6 of The Highlands of Hampden Square Phase 1 Recorded in Plan Book 53, Page 112, Cwnberland County records. TITLE TO SAID PREMISES VESTED 1N James D. Tadewald and Lisa K. Tadewald, b_y Deed from Richard E. Johnson and Nancy R. Johnson, dated 02/1 4/2 010 5, recorded 02/15/2005 in Book 267, Page 723 PREMISI-~,S F3EING: 1101 TiTNBRIDGE LANE, MECHANICSBURG, PA 17050-7692 PARCEL NO. 10-16-1056-122 SHORT DESCRIPTION By virtue of a Writ of Execution NO.11-9009 CIVIL WELLS FARGO BANK, N.A. vs JAMES D. TADEWALD LISA K. TADEWALD owner(s) of property situate in the TOWNSHIP OF HAMPDEN, Cumberland County, Pennsylvania, being (Municipality) 1101 TUNBRIDGE LANE, MECIIANICSBURG, PA 17050-7692 Parcel No. 10-16-1056-122 (Acreage or stxeet address) Improvements thereon: RESIDENTIAL DWELLING JUDUMENT AMOUNT: X285,591.46 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 2l 5-X63-700(1 WRIT OF E;KECUTION and/or ATTACHMENT CC!V[MO\WEALTH OF PENNSYLVANIA) COUN"i'l~ OF CUMBERLAND) NO. 11-9009 Civgl CIVIL AC"['t0~. - L.A W TO T~HL SHERIFF OF CUMBERLAND COUNT': To sat'sfi- the debt, interest and costs due WELLS FARGO BANK, N.A., Plaintiff (s) Frrnn Ja,MES D. TADEWALD and LISA K. TADEWALD (1 } You are directed to levy upon i.he property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2 ~ You ~.re also directed to attach the property of the defendant(s) not levied upon in the p~~ss~~sion of GARNISF3EE(S) as follows: and to notify the garnishee(s) that: (a) ac. attachment has been issued; (b) the garnishee(s) is enjoined ft~om pay ink an.' debt to or for the account of the defendant (sj and from delivering any property of the. defendant (si or otherwise disposing thereof; i 3) If propei-tr 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 himlher that he/she has been added as a «arlishee ;end is enjoined as above stated. :~n~.ount Due: 5285,591.46 L.L.: 5.50 1nte~rest from 4/2 7/12 to Date of Sale (546.95 per diem) -- X6,197.40 ~trv's Comm: °~o Due Prothy: S2.25 ally Paid: S?15?5 O?.her Costs: Plaintiff Paid: Date: 6I1;~20]2 -~~- -- David D. Buell, Prothonotary ~- Seal) ~~ ~~ ~ ~~~ . -- Deputy REQUES-['ING PARTY: 'game: ALLISON F. WELLS, ESQUIRE Address: PHELAN HALLINAN & SCI-IM[EG, LLP (617 JFK BLVD, SUITE 1400 PHILADELPHIA. PA 19103 Attorney tor: YLAIivTIFF Telephone: 215-563-7000 , S~~iareme {'ot.irt ID No. 309519 In Testimorr;~ ~:dh?rEOf, I here ant,; c;et r r h~~r~ an, the sep~ ci s~~d Co rt ?t Car:sle, Pa,.7 This ~"`T day of ~.,,2~,e, 2C Protnor~otary On June 4, 2012 the Sheritt levied upon the defendant g interest in the real praperty situated in I-~arr~pder~~ Township, Cumberland ~our~t~, /~, i~nawr~ and numbered 1101 Tunbridge Laney IV`le~.hanfc.s~urg, , 17055 more fully described can exhibit "~A" filed witl~~ this writ and by this reference incorporated hereir~~: Date: June 4, 2012 ~_ Claudia Brewbaker, Real Estate ~.oordinatc~r~ ,~ r , CUMBERLAND LAW ,JOURNAL Writ No. 2011-9009 Civil Term Wells Fargo Bank, N.A. vs. James D. Tadewald Lisa K. Tadewald Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 11-9009 CIVIL, WELLS FARGO BANK; N.A. vs. JAMES D. TADE- WALD LISA K. TADEW.ALD owner(s) of property situate in the TOWN- SHIP OF HAMPDEN, Cumberland County, Pennsylvania, being 1101 TUNBRIDGE LANE, MECHANICS- BURG, P A 1.7050-7692 Parcel No. 10-16-1056-122. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $285,591- .46. 102 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 far 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: July 27, August 3, and August 10, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all. allegations in the foregoing statements as to time, place and character of publication are true. r. ~isa Marie Coyne, Ed' or SWORN TO AND SUBSCRIBED before me this day of August, 2012 ~~ Notary ,~ ~' ";J~A~i!Ai. SEAL rEBOf}f~H A CvLLINS f'~(.'tdi y Putal;c GAFUSLE f30R0UGH, GiJP~18ERLAPdD ~_ CL~N~r~~ Vly ~'4r~mission Expires Apr 29, 70 ~ N The Patriot-News Co. ' 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE c211¢ ~latriot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain.. being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, 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. PUBLICATION COPY This ad ran on the date(s) shown below; 07/27/12 ~~, 2Qt1.9009 ChrNTa~~°s " We11s Far o B ~'~ 08/03/12 g ank, N.,~ ; ~' 5 ` _-~ ~ ~ .lam~~p s o Tadmvaid `~ 08/10/12 ~ ~. x -- mleg ~v~e of a Writ of Execution N0 11- ~> .. •~--.~---~_.__. .- -' r .. _ _ - ~~.- ~- --- ~ . , ~ wELLSFARt~OBANKN.A. Sworn to and.sv scvibed befog m this 17,day ofgust, 2012 A D. ~s. JAIVIES D. TADEWALD LISA K TADEWALD , K ~ . r ~ ~ `° r() P operty situate in the TOWNSIIIPOPHAMPDEN, --'-~~" -- . °"- ~ Notary Public Cumberland Count;', Pennsylvania, being (Municipality) 1101 TUNBRIDGE LANE MECHANICSBURG, PA 27050-769? Parcel No. 10-16-1O5ti-122 ` ~;1`~''~C1~~"Y ~ ~"'_"t ~`,~ ~C 1 ,, __'~ }"-'~r4th~r -- --- (Acreage or street address) •:~ -_- ..:- . . -- ' o~, ~'~,~ - w Improvements thereon: RESIDENTIAL :` ~ ,u' " DWEI,LINC, a 3: JUDGMENT AMOUNT.$285,59i.46 . ~ . .. ;' ~~~ , ~=0 ~, _ _ COMMONWEALTH OF PENNSYLVANIA COITIvTY OF CUMBERLAND SS: I. Robert P. Ziegler, Recorder of Deeds in and for said County and State do heret~y certify that the Sheriff s Deed in which Federal Home Loan Mortgage CompanX is the grantee the same having been sold to said grantee on the 5th day of September A.U., 2012, under and by virtue of a writ Execution issued on the 1st day of June, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 20ll Number 9009, at the suit of Wells Far~:o Bank, N.A. against James D. Tadewald & Lisa K. Tadewald is duly recorded as Instrument Numl7er 201234340. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~ __ _ __ __ _ __day of ~i 1~.~•_-~~ , A.D. ra ~ 7 -~ ~~ ~ ,l ~ f ~' ~~°` Recorder of Deeds ~' ~gr2~Dt4