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Home My WebLink About11-9373SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ?, !? I I t"f sF r:r_ THE ?'r0 hr'19TAFk'f Sheriff Jody S Smith 2012 J k3 17 A 9. G Chief Deputy . ?_ Richard W Stewart i Cf1MBERLANU COUNTY Solicitor PENNSYLVANIA Branch Banking & Trust Co. Case Number vs. Lisa Carol Wells 2011-9373 SHERIFF'S RETURN OF SERVICE 01/06/2012 08:53 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on January 6, 2012 at 2053 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Lisa Carol Wells, by making known unto herself personally, at The Cumberland County Prison, 1101 Claremont Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. 569? A G SHALL, DEPUTY SHERIFF COST: $40.00 January 11, 2012 SO ANSWERS, RONINTY Y R ANDERSON, SHERIFF ici GountySuite Sherff. Teeosof^;. Inc. PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BRANCH BANKING AND TRUST CUMBERLAND COUNTY COMPANY COURT OF COMMON PLE AS VS. CIVIL DIVISION ' " r?rn` LISA C. WELLS ern No. 11-9373-CIVIL n 3 ^ z: CJ D C- .. - 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 LISA C. WELLS, 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 $131,542.71 $131,542.71 I hereby certify that (1) the Defendant's last known addresses are 372 KERRSVILLE ROAD A/K/A, 371 KERRSVILLE ROAD, CARLISLE, PA 17015-9438 and 1101 CLAREMONT RD, CUMBERLAND COUNTY PRISON, CARLISLE, PA 17015-8561, and (2) that notice has t n given in accordance with Rule Pa.R. 2 Date V), , Attorneyfor Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: / / x • Pa AlTq pHs 275079 PROTHONOTARY 11-4055 0,194 000 N04,, +„ ,, 44 275079 PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BRANCH BANKING AND TRUST COMPANY VS. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION LISA C. WELLS : No. 11-9373-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) 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 LISA C. WELLS is over 18 years of age and resides at 372 KERRSVILLE ROAD A/K/A, 371 KERRSVILLE ROAD, CARLISLE, PA 17015-9438 and 1101 CLAREMONT RD, CUMBERLAND COUNTY PRISON, CARLISLE, PA 17015-8561. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Y) att ushwood, Esquire Attorn or Plaintiff 275079 BRANCH BANKING AND TRUST COMPAN Plaintiff' LISA C. WELLS Defendant TO: LISA C. WELLS 1 101 CLAREMONT RD CUMBERLAND COUNTY PRISON CARLISLE, PA l70 5-11561 DATE OF NOTICE: t:) t -2 -- COURTOF COMMON PLEAS CIVIL, DNISON NO. 1 1-9373-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 ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE" A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE. PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By. Gana st y, Esquire Attorney 't)r laintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 PHS # 275 079 BRANCH BANKING AND TRUST COMPAN Plaintiff V. LISA C. WELLS Defendant TO: LISA C. WELLS 372 KERRSVILLE ROAD AIKJA 371 KERRSVILLE ROAD CARLISLE, PA 17015-9438 DATE OF NOTICE: w - COURT OF COMMON PLEA; CIVIL DIV.ISON NO. 11-9373-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 IIEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse t Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ??'j? By: --- M Dana O; el`y, Esquire Attorn for laintiff Phelan nan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 275079 (Rule of Civil Procedure No. 236) - Revised BRANCH BANKING AND TRUST CUMBERLAND COUNTY COMPANY COURT OF COMMON PLEAS VS. LISA C. WELLS : CIVIL DIVISION No. 11-9373-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on 4 Iqa By: 32. If you have any questions concerning this matter please contact: Phelan Hallinan & Schmieg, LLP Matthew Brushwood, 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 HA VE PREVIOUSL Y RECEIVED A DISCHARGE IN BANKR UPTCY, THIS IS NOT AND SHOULD NOT BE CONSTR UED TO BE ANATTEMPT TO COLLECT A DEBT, B UT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY** 275079 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 BRANCH BANKING AND TRUST COMPANY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 11-9373-CIVIL LISA C. WELLS Defendant(s) : CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: -.., Amount Due $131,542.71r ?- -7z-t; 7 Interest from 04/20/2012 to Date of Sale $3,005.184 ($21.62 per diem) ___q CD . C7 TOTAL $134,547.89 ?h an Hallinan & Schmieg, LLP / Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff Note: Please attach description of property. PHS # 275079 C .*as.50 PQ Arry 4p. DD C? qa. oa ipso N ,419q.56 - PP ATTY 4.q-as bue(I • So LL' Lrrk [l9 a4041 -6 Q) z Q Q o z u O W o 3 ? 3 w? a ?M? - U U M ?¢ U W ? p z a? ? w Oa a W° ?H z o 0 U ;D o° z ? 3w F z a P4 Z o ? pa ?.? 3`? w o UW Va (? ?? a U U v U PA > a a w 00 00 00 0 M ? O az e a o ? a 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 BRANCH BANKING AND TRUST COMPANY Plaintiff V. LISA C. WELLS Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-9373-CIVIL CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: TY an Hallinan & Schmieg, LLP hn Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff 77.: ? -„ Ci) r Mim c ..m BRANCH BANDING AND TRUST COMPANY COURT OF COMMON PLEAS Plaintiff r V. CIVIL DIVISION LISA C. WELLS Defendant(s) NO.: 11-9373-CIVIL CUMBERLAND COUNTY PHS # 275079 AFFIDAVIT PURSUANT TO RULE 31291 BRANCH BANKING AND TRUST COMPANY, 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 372 KERRSVILLE ROAD A/K/A, 371 KERRSVILLE ROAD, CARLISLE, PA 17015-9438. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) LISA C. WELLS 1101 CLAREMONT RD, CUMBERLAP- r?- COUNTY PRISON == : '- CARLISLE, PA 17015-8561 cn9`. ;= 372 KERRSVILLE ROAD '> - A/K/A 371 KERRSVILLE ROAD CARLISLE, PA 17015-9438 : 2. Name and address of Defendant(s) in the judgment: cam,:, 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 th e real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) CUMBERLAND COUNTY ADULT 1 COURTHOUSE SQUARE PROBATION CARLISLE, PA 17013-3387 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) BRANCH BANKING & TRUST COMPANY 1300 LIBERTY ROAD SYKESVILLE, MD 21784 BANK ONE, N.A. 100 EAST BROAD STREET COLUMBUS, OH 43271 BANK ONE,'',NA C/O TRANSUNION 760 W. SPROUL ROAD SETTLEMENT SOLUTIONS SPRINGFIELD, PA 19064 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. 1W 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 COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION 372 KERRSVILLE ROAD A/K/A 371 KERRSVILLE ROAD CARLISLE, PA 17015-9438 6TH FLOOR, STRAWBERRY SQ. DEPT 280601 HARRISBURG, PA 17128 DEPARTMENT OF PUBLIC WELFARE, TPL P.O. BOX 8486 CASUALTY UNIT, ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM' HARRISBURG, PA 17105 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 F PA FEDERAL BUILDING 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 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: -W/ /! By: )' an Hallinan & Schmieg, LLP ohn Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff BRANCH BANKING AND TRUST COMPANY : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. LISA C. WELLS : NO.:11-9373-CIVIL Defendant(s) CUMBERLA 8 CG'UNTY.,_, NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: LISA C. WELLS LISA C. WELLS 1101 CLAREMONT RD, 372 KERRSVILLE ROAD CUMBERLAND COUNTY PRISON A/K/A, 371 KERRSVILLE ROAD c N CARLISLE, PA 17015-8561 CARLISLE, PA 17015-9438 "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 372 KERRSVILLE ROAD A/K/A, 371 KERRSVILLE ROAD, CARLISLE, PA 17015-9438 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 $131,542.71 obtained by BRANCH BANKING AND TRUST COMPANY (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 STI L BE ABLE TO SAVE YOUR PROPERTY AND YOU 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 TRACT of land situate, lying and being in West Pennsboro Township, Cumberland County, Pennsylvania, being more fully bounded and described as follows, to wit: BEGINNING at a point in or near the center of Kerrsville Road (T-326); thence continuing in and along said roadway the following courses and distances: 1) South 22 degrees 22 minutes 13 seconds East, a distance of 86.050 feet to a point; 2) thence by a curve to the right having a radius of 1262.640 feet, an arc length of 199.584 feet and a chord bearing of South 17 degrees 50 minutes 31 seconds East, a distance of 199.376 feet to a point; 3) thence South 13 degrees 18 minutes 49 seconds East, a distance of 39.929 feet to a point in said roadway; 4) thence leaving said roadway and extending along Lot No. 5 of the hereinafter referred to subdivision Plan, South 69 degrees 29 minutes 43 seconds West, a distance of 547.640 feet to a point at Lot No. 3 of the hereinafter referred to subdivision plan; 5) thence along the last mentioned lands North 67 degrees 27 minutes 32 seconds West, a distance of 307.144 feet to a point at other lands N/F of Edgar C. Myers; 6) thence along the last mentioned lands North 61 degrees 08 minutes 12 seconds East, a distance of 791.975 feet to the point and Place of BEGINNING. CONTAINING a gross area of 4.265 acres and a net area of 4.080 acres and being designated as Lot No. 4 on a final subdivision plan of Mandy Meadow, prepared by Shelly & Witter, Professional Land Surveyors, said Plan is recorded in the Cumberland county Recorder's Office in Plan Book 79 at page 44. UNDER AND SUBJECT, NEVERTHELESS, to all restrictions, easements, rights-of-way, conditions and/or set-back lines of record and to the deed restrictions more fully set forth in Cumberland County Deed Book 247 pages 1722 to 1723 TITLE TO; SAID PREMISES VESTED IN Kevin W. Wells and Lisa C. Wells, his wife, by Deed from R. Len Weller, Jr. and Virginia A. Weller, his wife, dated 06/29/2001, recorded 07/10/2001 in Book 247, Page 1720. KEVIN W. WELLS was a co-record owner of the mortgaged premises as a tenant by the entirety. By virtue of KEVIN W. WELLS's death on or about 02/28/2009, his ownership interest was automatically vested in the surviving tenant by the entirety, Lisa C. Wells. PREMISES BEING: 372 KERRSVILLE ROAD A/K/A, 371 KERRSVILLE ROAD, CARLISLE, PA 17015-9438 PARCEL NO. 46-09-0521-088 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-9373-CIVIL BRANCH BANKING AND TRUST COMPANY VS. LISA C. WELLS owner(s) of property situate in the TOWNSHIP OF WEST PENNSBORO, Cumberland County, Pennsylvania, being (Municipality) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $131,542.71 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-70010 (Acreage or street address) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 11-9373 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BRANCH BANKING AND TRUST COMPANY, Plaintiff (s) From LISA C. WELLS (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. L.L.: $.50 Amount Due: $131,542.71 Interest from 4/20/12 to Date of Sale ($21.62 per diem) -- $3,005.18 Due Prothy: $2.25 % Atty's Comm: Atty Paid: $179.50 Other Costs: Plaintiff Paid: Date: 6/1/2012 L David D. B ell, Prothonotary By: ' (Seal) Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, 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. 308877 i PLAINTIFF AFFIDAVIT OF SERVICE (FHLMC) CUMBERLAND ?C-d BRANCH BANKING AND TRUST COMPANY F ; 4 P 3??A?f PHS # 2759 DEFENDANT SERVICE A"G _ 8 4M to ? ? LISA C. WELLS COURT NO.: I1-9 7 - TY D SERVE LISA C. WELLS AT: 1;?1??? TYPE OF ACTlqOf AN?A 372 KERRSVILLE ROAD A/K/A XX Notice of Sheriffs Sale 371 KERRSVILLE ROAD SALE DATE: September 5, 2012 CARLISLE, PA 17015-9438 SERVED VD5ndant d made known to LISA C. WELLS,1?gfend o the ( day of ?- , 20a at clock. at `? Z l1e in the manner described below: 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: I, gip ,: Abe ® fight Weight Race Sex Other Cam. Il ?n?l? , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification o authorities. DATE: _ (yo (OG ?`Z E cm NAME: PRINTED NAME: lr ?T® : ??c? crVer TITLE - NOT SERVED On the day of , 20_, at _ o'clock _. M., Defendant NOT FOUND because: _ Vacant - Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 (? I Tom. T 1 . rri C_-- GO ® v 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 ATTORNEY FOR PLAINTIFF BRANCH BANKING AND TRUST COMPANY Plaintiff V. LISA C. WELLS Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 11-9373-CIVIL PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on December 2011. 2. Judgment was entered on April 19, 2012 in the amount of $131,542.71. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item 2750'X9 which can be calculated from the complaint, i.e. bringing the interest current. However, new i cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on September 5, 2012. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $113,231.93 Interest Through September 5, 2012 $17,770.06 Per Diem $19.39 Late Charges $90.00 Legal fees $1,875.00 Cost of Suit and Title $692.00 Escrow Deficit $18,046.48 Suspense/Misc. Credits ($148.59) TOTAL $151,556.88 6. The judgment formerly, entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy its proposed Motion to Reassess Damages and Order to the Defendant on August 1, 2012 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defend A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. 275 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: Phelan Hallinan & Schmieg, LLP By: Melissa J. Cantwell, ire ATTORNEY FOR PLAINTIFF 27 Phelan Hallman & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BRANCH BANKING AND TRUST COMPANY Plaintiff V. LISA C. WELLS Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-9373-CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE KEVIN W. WELLS and LISA C. WELLS executed a Promissory Note agreeing to principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 372 KERRSVILLE ROAD A/K/A, 371 KERRSVILLE ROAD, CARLISLE, PA 17015-9438. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. 275019 In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous promised monthly mortgage payments. Accordingly, after it was clear that the default would not cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclose action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed , outdated and need to be adjusted to include current interest, real estate taxes, insurance premiur costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortga in order to protect its interests. It is also appropriate to give Defendant credit for monthly paymei tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Cion oli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank. 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protec 27 its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Realit Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule tt a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does nc adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. T Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principa and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. 275079 III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsyly? Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on t mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the 275 outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not b able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff i? simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent include 275 in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred i the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintif paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C. . 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice c sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129. and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, a: their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. 275 The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment fry the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs suit and title in their entirety, which will not cause harm to the Defendants. VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant tot e terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically ha e a vendor visit the premises to determine if any windows need to be boarded up, if the property s vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals an problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code 275 violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: C D? Phelan Hallinan & Schmieg, LLP By: -( 'j? I/ Melissa J. Cantwell, Esquire Attorney for Plaintiff 275 Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.314592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19143 215-563-7000 BRANCH BANKING AND TRUST COMPANY VS. LISA C. WELLS Attorney for Plaintiff 9 MRNEY FILE COPY PLEASE RETURN CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 11-9373-CIVIL gTOR10 FILE C01 KM REM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES rwr TO THE PROTHONOTARY; Kindly enter judgment in favor of the Plaintiff and against LISA C. WE o Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days thereof and for foreclosure and sale of the mortgaged premises, and assess Plain ' as follows: 114 As set forth in Complaint $131,542.71 TOTAL $131,542.71 I hereby certify that (1) the Defendant's last known addresses are 372 KERRS VILLE ROAD A/K/A, 371 KERRSVILLE ROAD, CARLISLE, PA 17015-9438 and 1101 CLAREMONT RD, CUMBERLAND COUNTY PRISON, CARLISLE, PA 17015-8561, and (2) that noticegiven in accordance with Rule Pa.R. 2 . Date V/1 a ; ? > Attomerfor Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: _ '7 - - `- PHS N 275079 PROTHONOTARY !ATTORNEY FLE COPY . ?? PLEASE PvnJRN 275079 Exhibit "B" 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 August 1, 2012 LISA C. WELLS 1101 CLAREMONT RD CUMBERLAND COUNTY PRISON CARLISLE, PA 17015-8561 LISA C. WELLS 372 KERRSVILLE ROAD A/K/A 371 KERRSVILLE ROAD CARLISLE, PA 17015-9438 RE: BRANCH BANKING AND TRUST COMPANY v. LISA C. WELLS Premises Address: 372 KERRSVILLE ROAD A/K/A371 KERRSVILLE ROAD CARLISLE, PA 17015 CUMBERLAND County CCP, No. 11-9373-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by August 6, 2012. Should you have further questions or concerns, please do not hesitate to contact me.. Otherwise, please be guided accordingly. Very my yours, elissa J. Cantwe ire Attorney for Plaintiff Enclosure 275079 ne and Phelan Hallinan & Schmieg, LLP Am ? 1617 JFK Boulevard, Suite 1400 Sender One Penn Center Plaza DMI.A.Inki. DA 101031 AMn Am ) e Article Number Name of Addressve? Stree sad Post Office Address Posta e •••• LISA C. WELLS $0.45 1101 CLAREMONT RD CUMBERLAND COUNTY PRISON CARLISLE? PA 17015.8561 •••• LISA C. WELLS $0.45 372 KERRSVILLE ROAD A/K/A 371 KERRSVILLE ROAD CARLISLE, PA 170159438 RE: LISA C. WELLS CUMBERLAND PHSN 275079 Page 1 of 1 $0.90 e H In ' b ? ?? n a a^? 0 x Limed by grader I Received at %a Olfi" lt-i mg Employee) I for the rawastrnetim of nomepotiabk dowmada under Expreaa Mail daument r &adion ins piece subject m a limit ofS500,000 per ooourrerce. The maximum indemnity payabk m Express b ILe maximum indamiy payable is 525,000 fbr nXistered mail, sem with optional mseranee. Sec C 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 BRANCH BANKING AND TRUST COMPANY Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division LISA C. WELLS V. Defendant CUMBERLAND County No.: 11-9373-CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. LISA C. WELLS 1101 CLAREMONT RD CUMBERLAND COUNTY PRISON CARLISLE, PA 17015-8561 LISA C. WELLS 372 KERRSVILLE ROAD A/K/A 371 KERRSVILLE ROAD CARLISLE, PA 17015-9438 Phelan Hallinan & Schmieg, LLP 0/f/ DATE: By: Melissa J. , ire ATTORNEY FOR PLAINTIFF 275 c.r PRO I -11N tt PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff 0NUTA John Michael Kolesnik, Esq., Id. No.308877 lu1z AU 13 )?; 4 3 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza n'??-ANA COUNTY Philadelphia, PA 19103 PEtI NSYLVANIA 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRANCH BANKING AND TRUST COMPANY CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION LISA C. WELLS Defendant(s) No.: 11-9373-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Jo ichael Kolesnik, Esquire orney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 275079 ?o ~ r v m r „ ? ?O 00 J O? Vl A W N r.. ',? z eD r y x• X• %• % %- %• %- %- % X. CD X- X• M- % k- M- %• % % X• C CD O O O W b a rt °-' 00 V] Cn "" O C? O O O ,? = C? C p- O ?, C d O O O W >. N Ci7 co x D C"? c o o p7 y` y ro o o C" z?X Q? rxy eo ?" I e ar c .. p' 3 . ,e o 0 m c x z -°, H°, 0 ..° -• C' eo ? " ?! ?? '??? , 00m ] 1 •, to v? m ooh "?y a ?N g bAcn'`e B a d eo aa? btn- a ,..a y^ <-? 00 ?aG, a eo o o w `C ., a s o G° [z mo a y n ; o A eo eo =r u p . (Z ?rfb F,- ?ro ? c ? ° ? d b r.a . A? ? C y v ?, 00 a f' cn oOte y 00 ? ? Nay p A ^r- A a e, ?o °ep Q+ to tx'iw .b dm O Z °° ? ? W ? ? v O ? A O ? q C to '•t ,fl 5 B ? ? ? a a ? ?' o w °' a ,,,j a• N °i m C X ao r o ot) ° O ?? 0 p" 2 O to n O f7 G ,° a o Z w .. O r ry n a „?, A ? `? ,G to -°, t':f ?-] I w C ° r w e e a ? C a • CJ a R . ?' ^ C ? ? H C e~D d H r+j a ro k r a w c " < S O n. 3 8 L w C/] ' . 7 15, -a szo c Z ?'e o f° ^ m o" m v d ?- o o ..,. • o v9° °. _. ?r O < ° 0 5 ~ ? o rn *'? o a y 3 ry ? 01 qg. E3 % . 3 x n ? 3 y M v o 3 ? y c s 9 0 0 2 G o'arv? Q, ? R ? - c 3 O G 7 m E HA h H 7 ? ? 3 n 3 n ? a w 9 o a 97 ,? , ?lt oaz a? 3 ri f9 b ? E w ?• r ?r o .Ly a Vt a N O N a ~. ~ S .., .. i- 9 ~i t~~ ~~~ ~ ~ ~ ~3~ ~llh~~Ei~LA~€ C~li~~`~' PE t~NS'Y~.VA h41 ~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BRANCH BANKING AND TRUST COMPANY Court of Common Pleas Plaintiff Civil Division v. CUMBERLAND County LISA C. WELLS No.:ll-9373-CIVIL Defendant RULE AND NOW, this /~~v day of 2012, a Rule is entered upon the to show cause why an Order should not be entered granting Plaintiff's Motion to Damages. Defendant shall have twenty (20) days from the date of this Order to file a response Plaintiff s Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may Motion to Make Rule Absolute and no hearing will be scheduled on this matter. B THE COURT ~ ~ Z /"-~ J. a 2750 Melissa J. Cantwell, Esq., Id. No.308912 V Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 LISA C. WELLS 1101 CLAREMONT RD CUMBERLAND COUNTY PRISON CARLISLE, PA 17015-8561 ~p,cs ~a.le~l ~~~~jz ~~ / LISA C. WELLS 372 KERRSVILLE ROAD A/K/A 371 KERRSVILLE ROAD CARLISLE, PA 17015-9438 2 2750'9 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRANCH BANKING AND TRUST COMPANY Court of Common Pleas Plaintiff Civil Division v. CUMBERLAND County LISA C. WELLS No.:ll-9373-CIVIL Defendant ORDER AND NOW, this day of , 2012 the Prothonotary is ORDERED amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in case as follows: Principal Balance Interest Through September s, 2012 Per Diem $19.39 Late Charges Legal fees Cost of Suit and Title Escrow Deficit Suspense/Misc. Credits $113,231.93 $17,770.06 $90.00 $1,87s.00 $692.00 $18,046.48 ($148.59) TOTAL $1s1,s56.88 Plus interest from September s, 2012 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the figure. BY THE COURT J. 27s Melissa J. Cantwell, Esq., Id. No.308912 Phelan Hallman & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 LISA C. WELLS 1101 CLAREMONT RD CUMBERLAND COUNTY PRISON CARLISLE, PA 17015-8561 LISA C. WELLS 372 KERRSVILLE ROAD A/K/A 371 KERRSVILLE ROAD CARLISLE, PA 17015-9438 275 a-f L-ED-OF ICE FHE ROTHONOTAri', 2012 AUG 22 AM 10: 17 ?' JMBERLAND COUNTY Phelan H411inan & Schmieg, LLP PENNSYLVANIA Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Pena Center Plaza Philadelphia, PA 19103 215-563-7000 BRANCH BANKING AND TRUST COMPANY Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. LISA C. WELLS Defendant CUMBERLAND County No.: 11-9373-CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's August 15, 2012 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. LISA C.''WELLS 1101 CLAREMONT RD CUMBERLAND COUNTY PRISON CARLISLE, PA 17015-8561 LISA C. WELLS 372 KERRSVILLE ROAD A/K/A 371 KERRSVILLE ROAD CARLISLE, PA 17015-9438 Phelan H llinan & S ieg, LLP DATE: 0/w//,-` By: Melissa J. Cantwell, Esquire Attorney for Plaintiff 275079 A SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~a~,tv of ~C'uu~bc~1$~~ tt~ ``~f saes ~~ f~r~.s~sR)~F 0~ TN~~P ~TNONOTA~`~ zo-a ocz z9 an io= ss CUMBERLAND CQUNTY PEIYNSYLwANIA Branch Banking & Trust Co. vs. Lisa Carol Wells Case Number 2011-9373 SHERIFF'S RETURN OF SERVICE 06/22/2012 11:14 AM -Deputy Tim Black, 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 372 Kerrsville Road, West Pennsboro Township, Carlisle, PA 17013, Cumberland County. 06/25/2012 07:25 PM -Deputy Shawn Harrison, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the De#endant, to wit: Lisa Carol Wells at 372 Kerrsville Road, West Pennsboro Township, Carlisle, PA 17013, 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 September 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: $740.83 October 29, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF Li~.~ ~f>~G / ,p~- ~~~, y9~ c) CountySuite Sheriff, Teleosoft, Inc. BRANCH BA,~VKINCY AND TRUST COMPANY y Plaintiff v. LISA C. WELLS Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 COURT OF COMMON PLEAS CIVIL DIVISION NO.:11-9373-CIVIL CUMBERLAND COUNTY PHS # 275079 BRANCH BANKING AND TRUST COMPANY, 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 372 KERRSVILLE ROAD A/K/A, 371 KERRSVILLE ROAD, CARLISLE, PA 17015-9438. 1 2. Name and address of Owner(s) or reputed Owner(s): Name LISA C. WELLS Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) 3. 4. SAME AS ABOVE 1101 CLAREMONT RD, CUMBERLAND COUNTY PRISON CARLISLE, PA 17015-8561 372 KERRSVILLE ROAD A/K/A 371 KERRSVILLE ROAD CARLISLE, PA 17015-9438 Address (if address cannot be reasonably ascertained, please so indicate) Name and last lrnown 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) CUMBERLAND COUNTY ADULT 1 COURTHOUSE SQUARE PROBATION CARLISLE, PA 17013-3387 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) BRANCH BANKING & TRUST COMPANY 1300 LIBERTY ROAD SYKESVILLE, MD 21784 BANK ONE, N.A. 100 EAST BROAD STREET COLUMBUS, OH 43271 BANK ONE, NA C/O TRANSUNION 760 W. SPROUL ROAD SETTLEMENT SOLUTIONS SPRINGFIELD, PA 19064 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 372 KERRSVILLE ROAD A/K/A 371 KERRSVILLE ROAD CARLISLE, PA 17015-9438 COMIIIONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION 6TH FLOOR, STRAWBERRY SQ. DEPT 2806E11 HARRISBURG, PA 17128 DEPARTMENT OF PUBLIC WELFARE, TPL P.O. BOX 8486 CASUALTY UNIT, ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG, PA 17105 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE, PA 17013 COMIwiONWEALTH OF PENNSYLVANIA P.O. BOX 2675 DEPARTMENT OF WELFARE HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE 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 aze made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: ~~ By: an Halliuan & Schmieg, LLP ohn Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff ~ 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 TRACT of land situate, lying and being in West Pennsboro Township, Cumberland County, Pennsylvania, being more fully bounded and described as follows, to wit: BEGINNING at a point in or near the center of Kerrsville Road (T-326); thence continuing in and along said roadway the following courses and distances: 1) South 22 degrees 22 minutes 13 seconds East, a distance of 86.050 feet to a point; 2) thence by a curve to the right having a radius of 1262.640 feet, an arc length of 199.584 feet and a chord bearing of South 17 degrees 50 minutes 31 seconds East, a distance of 199.376 feet to a point; 3) thence South 13 degrees 18 minutes 49 seconds East, a distance of 39.929 feet to a point in said roadway; 4) thence leaving said roadway and extending along Lot No. 5 of the hereinafter referred to subdivision Plan, South 69 degrees 29 minutes 43 seconds West, a distance of 547.640 feet to a point at Lot No. 3 of the hereinafter referred to subdivision plan; 5) thence along the last mentioned lands North 67 degrees 27 minutes 32 seconds West, a distance of 307. I44 feet to a point at other lands N/F of Edgar C. Myers; 6) thence along the last mentioned lands North 61 degrees 08 minutes 12 seconds East, a distance of 791.975 feet to the point and Place of BEGINNING. CONTAINING a gross area of 4.265 acres and a net area of 4.080 acres and being designated as Lot No. 4 on a final subdivision plan of Mandy Meadow, prepared by Shelly & Witter, Professional Land Surveyors, said Plan is recorded in the Cumberland county Recorder`s Office in Plan Book 79 at page 44. UNDER AND SUBJECT, NEVERTHELESS, to all restrictions, easements, rights-of--way, conditions and/or set-back lines of record and to the deed restrictions more fully set forth in Cumberland County Deed Book 247 pages 1722 to 1723 TITLE TO SAID PREMISES VESTED IN Kevin W. Wells and Lisa C. Wells, his wife, by Deed from R. Len Weller, Jr. and Virginia A. Weller, his wife, dated 06/29/2001, recorded 07/10/2001 in Book 247, Page 1720. KEVIN W. WELLS was a co-record owner of the mortgaged premises as a tenant by the entirety. By virtue of KEVIN W. WELLS's death on or about 02/28/2009, his ownership interest was automatically vested in the surviving tenant by the entirety, Lisa C. Wells. PREMISES BEING: 372 KERRSVILLE ROAD A/K/A, 371 KERRSVILLE ROAD, CARLISLE, PA 17015-9438 PARCEL NO.46-09-0521-088 G SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-9373-CIVIL BRANCH BANKING AND TRUST COMPANY vs. LISA C. WELLS owners} of property situate in the TOWNSHIP OF WEST PENNSBORO, Cumberland County, Pennsylvania, being (Municipality) 372 KERRSVILLE ROAD A/K/A, 371 KERRSVILLE ROAD, CARLISLE, PA 17015-9438 Parcel Nu. 4b-09-0521-088 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $131,542.71 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMbNWEALTH OF PENNSYLVANIA) NO. 11-9373 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BRANCH BANKING AND TRUST COMPANY, Plaintiff (s) From LISA C. WELLS (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: $131,542.71 L.L.: $.50 Interest from 4/20/12 to Date of Sale ($21.62 per diem) -- $3,005.18 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $179.50 Other Costs: Plaintiff Paid: Date: 6/1/2012 ~ ~ , David D. Bue 1, Prothonotary (Seal) Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, 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. 308877 TRUE COPY FRONT RECORD In Testimony whereof, l Rare ~~ ~ my hand ana thel ~ ~ This „~_,d « -~,'j Prodttsnotary . t C [ on June 4, 2012 th-e S~i~f i~d ~n tf~e t~~~nc~~~t's interest in fih real pr~p'~ ~i~~ed in 1~fe~t ~en~s~o~o Townsh~, G~~~r~ ~:, Per, ~ aid numiaered 37~ #rrs ' ~~ X71 fer~~~i^e .i~~d, Carlisle, i~"~ 17013 Q~e f~~ ~s~~' c ~t `~~,~ filed wit#~ this ~~i"t ~ t~s ~- i~r~~d f~erein. Date : J ~~~ 4, 2012 -. .. r.. y Claudia Brev~~a~er, ~ea1 ~s~~ S i ~C~; b h - ~v~'f' ll~l ,~._ .,.> .__ - .~ CUMBERLAND LAW JOURNAL Wrlt No. 9011-9373 Civil Term Branch Banking ~ Trust Co. vs. Lisa Carol Wells Atty.: Francis S. Hallman By virtue of a Writ of Execu- tion NO. 11-9373-CML, BRANCH BANKING AND TRUST COMPANY vs. LISA C. WELLS owner(s) of prop- erty situate in the TOWNSHIP OF WEST PENNSBORO, Cumberland County, Pennsylvania, being 372 KERRSVILLE ROAD a/k/a, 371 KERRSVILLE ROAD, CARLISLE, PA 17015-9438 Parcel No. 46-09-0521-088. Improvemarts thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $131,542- .71. 110 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regulazly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regulaz 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 chazacter of publication are true. ~_ isa Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this da of Aug su t• 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 } SS: 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 Home Loan Mortga a Corporation is the grantee the same having been sold to said grantee on the 5th day of Member A.D., 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, 2011 Number 9373, at the suit of Branch Banking & Trust Company against Lisa C. Wells is duly recorded as Instrument Number 201233358. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this c~j l "p,e", day of A.D. _L~~ .Recorder of Deeds of Cumberland County, Carlisle PA ~ ~ ~Pr'~~~blanr~tdJen.2014 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE c'rl~e~lahiot-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 2011-9373 Clvll'1i~rm Branch Banker $ iFust Co. 08/03/12 usa Gro1 WNIs ~_ if 08/10112 Atly: Franco S. HaNlnan By virtue of a Writ of Execution NO. ~ _ - , ~~ ' , 5/ ~~ ~ ~~'"'~--~ 11-9373-CIVII„ ~: ~, ..~~. .4>.. BRANCH BANKING AND TRUST COMPANY ~sAC WELIS Sworn to and subscribed fore e this 1~day of~gust,; 2012 A.D. owner(s) of property situate in the _ _, ;; `'c?~.._--.. _ ,_ TOWNSHIP OF WEST P ~~ Cumberland Coun pe ENNSBORO, - `. ~ \. , t~ f-~ .. '~, ~4~ f ~ , ty, nnsylvania, being ~' 3M'~ ) Notary P lie ---" MLLE ROAD A/K/A, 371 KERRSVII,LE ROAD, CARLISLE, PA 17015-9438 Parcel No.46-09-0521-088 C`Gi~?"~1,.~lV~'d~_~~t~ t, tEr~ ~ ePd1i5Y~w-~1NIA (Acreage or street address) ~ '--- - --- - -- ~; Improvements thereon: RESIDENTIAL , .,t a . a -~~--! DWELLING ~~ 5 u , .- v e , a~i a - _~-,. ,~,.~~-r~ P 'TUDGMETITAMOUNI`. $131,542.71 ~~,,, i F r rr~ '~I v 7F !1~ ~