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HomeMy WebLinkAbout12-1364 3 N a ?? sTl r- rn ? Z n c O 8 r.. 7--r -I --? c:) PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL. SC 29715 Plaintiff V. RACHAEL E. MARTE 6204 EDGEWARE ROAD MECHANICSBURG, PA 17050-5212 Defendant 289681 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. /ol - 134o4 OCUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 289681 G 4/03.15 PO A 27Y c`t li6aa y7 ,et -2'707Q NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 289681 1. Plaintiff is WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: RACHAEL E. MARTE 6204 EDGEWARE ROAD MECHANICSBURG, PA 17050-5212 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 01/31/2008 RACHAEL E. MARTE made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Instrument No. 200803973. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 289681 6. The following amounts are due on the mortgage as of 01/25/2012: Principal Balance $302,606.81 Interest $2,415.31 through 01/25/2012 Late Charges $359.76 Property Inspections $55.00 Escrow Deficit $3,299.79 TOTAL $308,736.67 7 8 9. Plaintiff is not seeking a judgment of personal liability (or an in ersonam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. File #: 289681 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $308,736.67, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: A Esquire Id., No. 80193 File #: 289681 LEGAL DESCRIPTION ALL of that certain lot or tract of land situate in Hampden Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: Beginning at a point on the Eastern right-of-way line of Edgeware Road in the dividing line of Lot #155 and Lot # 156 as shown on hereinafter mentioned Plan of Recording: THENCE by aforementioned dividing line South 88 degrees 30 minutes 00 seconds East, 125.12 feet to a point on the Western line of Lot #140 Hampden Court Phase 3, recorded in Planbook 54 page 74; thence by aforementioned line South 12 degrees 54 minutes 12 seconds East, 92.92 feet to a point on the dividing line of Lot #156 and Lot #157; thence by aforementioned dividing line North 88 degrees 30 minutes 00 seconds West, 148.24 feet to a point on the Eastern right-of-way North 01 degrees 30 minutes 00 seconds East, 90.00 feet to a point being the place of BEGINNING. BEING Lot # 156 as on Plan of Recording of Hampden Court Phase 5, recorded in Plan Book 70, Page 20. CONTAINING 12,301.21 square feet ALSO BEING 6204 Edgeware Road. Also having a part of a 30 foot sanitary sewer and storm easement along the Northern line (dividing line of Lot #155 and Lot #156). BEING KNOWN as Parcel # 10-19-1606-171. PROPERTY ADDRESS: 6204 EDGEWARE ROAD, MECHANICSBURG, PA 17050-5212 PARCEL # 10-19-1606-171 File #: 289681 VERIFICATION Geeta Sheth, hereby states that l e/she is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff or mortgage servicing agent for plaintiff in this matter, that ?e/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of'1"s/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. CTCAirrx s I,--C Name: Geeta Sheth DATE: f c, bra T-?? i Title: Vice President Loan Documentation 032-PA-V3 PHS: 289681 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson _ Sheriff - Jody S Smith Chief Deputy 2012 MAR _8 AM 8:54 Richard W Stewart "'UMBERLA D of Solicitor PENNSYLVANIA fl ? Wells Fargo Bank, N.A. Case Number vs. Rachael E. Marte 2012-1364 SHERIFF'S RETURN OF SERVICE 03/02/2012 05:52 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 2, 2012 at 1752 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Rachael E. Marte, by making known unto Jalorma Richards, Daughter of Defendant at 6204 Edgeware Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. u ROBE T BITNER, DEPUTY SHERIFF COST: $38.00 March 06, 2012 SO ANSWERS, RbNI`V R ANDERSON, SHERIFF PHELAN HALLINAN & SCHMIEG, LLP - Attorney for Plaintiff Matthew Brushwood, Esq., Id. No.310592 i;r i ,, 11?? J 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ! ; t?, E R L D C 0 U 14I Philadelphia, PA 19103 t.6e'S't 'a`"??1? 215-563-7000 WELLS FARGO BANK, N.A. : CUMBERLAND COUNTY VS. : COURT OF COMMON PLEAS RACHAE'L E. MARTE : CIVIL DIVISION : No. 12-1364 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 RACHAEL E. MARTE, 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 $308,736.67 $308,736.67 I hereby certify that (1) the Defendant's last known address is 6204 EDGEWARE ROAD, MECHANICSBURG, PA 17050-5212, and (2) that notice has been given in accordance with Rule P .R.C. 237.1. Date at e shwood, Esquire M kk-xktn, Su Atto or Plaintiff l 1 Q -? DAMAGES ARE HEREBY ASSESSED AS INDICATE ?x??`a,,,l ec DATE: S 1,9 -l 11), )-2 PHS # 289681 PROTHONOTARY 289681 PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Attorney for Plaintiff Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. VS. RACHAEL E. MARTE : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION : No. 12-1364 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 RACHAEL E. MARTE is over 18 years of age and resides at 6204 EDGEWARE ROAD, MECHANICSBURG, PA 17050-5212. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date atthe r wood, Esquire Attorn r Plaintiff 289681 (Rule of Civil Procedure No. 236) - Revised WELLS FARGO BANK, N.A. : CUMBERLAND COUNTY VS. : COURT OF COMMON PLEAS RACHAEL E. MARTE : CIVIL DIVISION : No. 12-1364 Notice is given that a Judgment in the above captioned matter has been entered against you on S Opt I?;) . By: Oil lr--)., 12)c3t"o 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 IRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INF RMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PR VIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD 80T BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONLYEN)'ORCEMENT OFA LIENAGAINST PROPERTY** 289681 WELLS FARGO BANK, N.A. V. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 12-1364 RACHAEL E. MARTE Defendant(s) CUMBERLAND COUNTY TO: RACHAEL E. MARTE 6204 EDGEWARE ROAD MECHANICSBURG, PA 17050-5212 DATE OF NOTICE: yls-& 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 APPEAlkANCE 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 WI'T'HIN 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: CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 . 1,/,?,,. j'717) 249-3166 ;2& Michael Kolesnik, Esquire orney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 289681 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-1364 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 RACHAEL E. MARTE (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: $308,736.67 L.L.: $.50 Interest FROM 5/30/2012 TO DATE OF SALE ($50.75 PER DIEM) - $9,642.50 Atty's Comm: % Due Prothy: $2.25 Atty Paid: 189.25 Other Costs: Plaintiff Paid: Date: 8/6/2012 1 David D. Bu 11, Prothonot (Seal) Deputy REQUESTING PARTY: Name: MATTHEW BRUSHWOOD, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 310592 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK, N.A. Plaintiff V. RACIIAEL E. MARTE Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 05/30/2012 to Date of Sale ($50.75 per diem) TOTAL Note: Please attach description of property. PHS # 289681 a) a a ? 103 `? a ?? N a, 50 u r? leg- 95 ? a : COURT OF CIVIL DIVISION NO.: 12-1364 CUMBERLAND $308,736.67 9 6$ , 42.50 <'J, c C . <> Cn $318,379.17 'J:?' ? -C ffiela a & Schmieg, LLP atthew Brushwood, Esq., Id. No.310592 Attorney for Plaintiff ?.sou- ??? ?ar3?vy a'7 89?3 W(J PLEAS sir- ? CD ca-? t*Z ?) 3??'dl w ?> O Q ? H a a u o a ?' Q z o 0 ° w w V W w O a o fW "o cz w s 42 Q W a V" W V Q ?V 3 a ' a .D >N L N ti .D c? a? c. b N_ N O C) O Q Q WQa F' a C7 AC W V ¢W A xwx W N O? 0 M az W u ? a? M c° 3 ? y Io Ad < LEGAL DESCRIPTION ALL of that certain lot or tract of land situate in Hampden Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: Beginning at a point on the Eastern right-of-way line of Edgeware Road in the dividing line of Lot #1 and Lot #156 as shown on hereinafter mentioned Plan of Recording: THENCE by aforementioned dividing line South 88 degrees 30 minutes 00 seconds East, 125.12 feet t a point on the Western line of Lot # 140 Hampden Court Phase 3, recorded in Planbook 54 page 74; then e by aforementioned line South 12 degrees 54 minutes 12 seconds East, 92.92 feet to a point on the dividing line of Lot #156 and Lot #157; thence by aforementioned dividing line North 88 degrees 30 minutes 00 seconds West, 148.24 feet to a point on the Eastern right-of-way North 01 degrees 30 min tes 00 seconds East, 90.00 feet to a point being the place of BEGINNING. BEING Lot # 156 as on Plan of Recording of Hampden Court Phase 5, recorded in Plan Book 70, 20. CONTAINING 12,301.21 square feet ALSO BEING 6204 Edgeware Road. Also having a part of a 30 foot sanitary sewer and storm along the Northern line (dividing line of Lot #155 and Lot #156). TITLE TO SAID PREMISES VESTED IN Rachael E. Marte, a single person, by Deed from E. Speelman, a single person and Jalorma Yanich, a single person, dated 01/31/2008, recorded 02/08/2008 in Instrument Number 200803972. PREMISES BEING: 6204 EDGEWARE ROAD, MECHANICSBURG, PA 17050-5212 PARCEL NO. 10-19-1606-171 PHELAN HALLINAN & SCHMIEG, LLPF Attorneys for Plaintiff Matthew Brushwood, Esq., Id. No.310592 Pf??OTt?ONO CA' 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ImI NUG -6 Philadelphia, PA 19103 C4tjY 215-563-7000 ?? ????, ALV WELLS FARGO BANK, N.A. COURT OF COMM Plaintiff CIVIL DIVISION V. NO.: 12-1364 RACHAEL E. MARTE Defendant(s) CUMBERLAND C CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above 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. 3 9143 PLEAS This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. _ By: V lan H ma & Schmieg, LLP I P tthew wood, Esq., Id. No.310592 Attornev for Plaintiff ,--WELLS FARGO BANK, N.A. COURT OF COMM( Plaintiff FILED-U FICL -rCIE PROrtNONOTAt? ? ,. CIVIL DIVISION '?? • V. 2012 AUG '6? ??' Z? NO.: 12-1364 RACHAEL E. MARTE Defendant(s) CUMBERLAND CO A ?Y CUMBERLAND CO PHS # 289681 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 for the Writ of Execution was filed, the following information concerning the real property located at 6204 EDGEWARE P MECHANICSBURG, PA 17050-5212. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) RACHAEL E. MARTE 6204 EDGEWARE ROAD MECHANICSBURG, PA 17050-5212 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 Name Address (if address cannot be reasonably ascertained, please indicate) HSBC Bank Nevada, NA. 1111 Town Center Drive Las Vegas, NV 89193 HSBC Bank Nevada, NA. C/O James Warmbrodt, ESQ. WELTMAN WEINBERG ET AL 436 SEVENTH AVE STE 1400 PITTSBURGH, PA 15219-1827 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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) PLEAS Praecipe sold: by the .A* 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 Domestic Relations of Cumberland County 6204 EDGEWARE ROAD MECHANICSBURG, PA 17050-5212 13 North Hanover Street Carlisle, PA 17013 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 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 persc knowledge or information and belief. I understand that false statements herein are made subject to of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authoriti Date: ? W? ?- By: h lan Hallinan\&Scl mieg, LLP Matthew Brushwood, Esq., Id. No.310592 Attorney for Plaintiff penalties WELLS FARGO BANKJt42!9O f ?N't' ? t 2Q42 BUG ?? AM ?Y ??3MBE? S VaN A RACHAEL E. MARTE : COURT OF COMMON Plaintiff CIVIL DIVISION : NO.:12-1364 Defendant(s) CUMBERLAND CO NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RACHAEL E. MARTE 6204 EDGEWARE ROAD MECHANICSBURG, PA 17050-5212 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION I WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANIS THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ENFORCEMENT OF A LIEN AGAINST PROPERTY." AINED Y Your house (real estate) at 6204 EDGEWARE ROAD, MECHANICSBURG, PA 17050-5212 is scheduled to be sold at the Sheriffs Sale on 12/05/2012 at 10:00 AM in the Cumberland County Cou house, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $308,736.67 obtained by ELLS FARGO BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, cost and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the j dgm if the judgment was improperly entered. You may also ask the Court to postpone the sale for good ca se. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE 'I'U NAVE Y V U K rKVrEK 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 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 properly 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) d ys after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection i his office. This schedule will state who will be receiving that money. The money will be paid out in acco dance 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 of that certain lot or tract of land situate in Hampden Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: Beginning at a point on the Eastern right-of-way line of Edgeware Road in the dividing line of Lot #1 and Lot #156 as shown on hereinafter mentioned Plan of Recording: THENCE by aforementioned dividing line South 88 degrees 30 minutes 00 seconds East, 125.12 feet t a point on the Western line of Lot #140 Hampden Court Phase 3, recorded in Planbook 54 page 74; then 92.92 feet to a point on the by aforementioned line South 12 degrees 54 minutes 12 seconds East, dividing line of Lot #156 and Lot #157; thence by aforementioned dividing line North 88 degrees 30 minutes 00 seconds West, 148.24 feet to a point on the Eastern right-of-way North 01 degrees 30 minu es 00 seconds East, 90.00 feet to a point being the place of BEGINNING. BEING Lot # 156 as on Plan of Recording of Hampden Court Phase 5, recorded in Plan Book 70, Pa 20. CONTAINING 12,301.21 square feet ALSO BEING 6204 Edgeware Road. Also having a part of a 30 foot sanitary sewer and storm ea along the Northern line (dividing line of Lot #155 and Lot #156). TITLE TO SAID PREMISES VESTED IN Rachael E. Marte, a single person, by Deed from E. Speelman, a single person and Jalorma Yanich, a single person, dated 01/31/2008, recorded 02/08/2008 in Instrument Number 200803972. PREMISES BEING: 6204 EDGEWARE ROAD, MECHANICSBURG, PA 17050-5212 PARCEL NO. 10-19-1606-171 ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS fAKGO BANK. N.A. Plaintiff Court of Common }'leas Civil Division ~. RACHAIL E. MARTS Defendant CUMBERLAND County No.: 12-1364 RULE ANU 1~~OW. this~~~~ day of Mfr' ~~~~ X2012, a Rule is entered upon the Defendant to sho~~~ cause ~~~hv an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant 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 ,. J. ~_ .. . .... ,:: , ~. ~, C'~p;es ~ ,~~~ i%~~,a '~ 2s96s1 ~ _ _ __ Allison F. Wells. Esq., Id. No.309519 Phelan Hallman & Schmieg, LLP 1617 JFK E3oulevard, Suite 1400 Philadelphia, PA 19103 ~TGL: (215) 563-7000 FAX: (215) 563-3459 RACHAEL E. MARTS RACHAEL E. MAR~CE 6204 EDGEWARE ROAD 12 NOTTINGHAM DR MECHANICSBURG. PA 17050-5212 MECHANICSBURG_ PA 17050-2644 RACHAEL E. MARTS 6204 EDGEWEAR ROAD MECHAMCSBURG. PA 17050 289681 289681 i ~.._ !., _ ti ~ j ~ , ~ ~ ~ .> i~. PHELAN HALLINAN & SCHMIEG, LL,P „ ` !~ "'''~ by: Allison F. Wells, Esquire, Atty. LD. No. 309519 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 15) 563-7000 WEI LS FARGO BANK, N.A. Court of Common Pleas Plaintiff Civil Division ~-. R.ICIIAI!:L 1:. ~IARTE Cumberland Count}' Defendant No.: 12-1364 PRAECIPE TO SUBSTITUTE EXHIBIT To the Prothonotary: Please attach the following Concurrence letter and Certificate of Mailing as Exhibit "B" to Plaintiff s Motion to Reassess Damages which was filed with the court on or about October 1.2. 201?. DATE: YI/ Phelan A~. Wells, Esquire Attorney for Plaintiff EXHIBIT "B" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215)563-7000 FAX#: (215) 563-3459 Phelan Hallman & Schmieg, LLP Representing Lenders in Pennsylvania and Ne~~~ Jersey October 2.:?012 RACHAF,L E. MARTS 6204 EDGEWARE ROAD MECHANICSF3t1RG, PA 17050-5212 lZ£~ WELLS FARCO BANK, N.A. v. RACHAEL E. MARTS Premises Address: 6204 EDGEWARE ROAD MECHANICSBURG, PA 170~Ca C(:"MRFRLAND County CCF', No. 12-1364 bear Defendant. Enclosed please find a true and correct copy of my proposed Motion to Reassess D~nages and Order. In accordance with Cumbe-nand County Local Rule 20&.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 10/09/2012. Should you have further questions or concerns, please do not hesitate to contact nle. Othe,-wise, please be guided accordingly. Verti~ truly yours, .-~~"""` :111is~~n~ .., _~.,}fl. 1~,>:3t1t1.~i 19 ,lttorney for 1'~'f Enclosure 89681 ,' ~t~43t7U~dIZW(?2i3(73"11t11'd' z~oz zo~/~I~`ao~iy gszctaeoc~a ~• ~~ r~~~ t > f. ~ d' ~ ~ ~._ ty R 6~ ' ® VI ~ ..» 6R ~ ~ x ~ W c „~ u E C u V ,4 w c E ~ e~ r ~ n ~- ~ 7~ R w~ U ~. 0 ~E y,a ~'c o E ~ _ _ ~~-a 3 ~'-c_ ~~ E a ~ ~ R C x E W F v ~~ ~ V ~ ~ A Ewti ~+ p u £~i t ` ~ `° ~ v c s~ ~ 4" ~ m ~ n c ~ O B ~ N~,~A ~ c ~ a N tC ,~ o _ ._° O F " a.4•E~ , ._~ R _ ~ " ~ C { y} " V ~ yyw~~ Q {R QQN ~ 00 ~'~Fc z ~ a Y I ~v Q A v }}~u_~ ~ ~ w E v G O r ~ ~ C C ~ O a E CL VNS N oo ~ r G ~ ~ 'a " ~ O ~ C ~ O V v 1 °' aa ° ~ ~~, M ~ ~ ~~ ~,Na ~Q~~ ~, ~~'~ ' Ha .aat~ w ~~¢ ~' ~~Q~a w ~~m ~w~m a v ~ ~ ~~ `i'~u ~3u c ~o ~~U~ ~ ~ W W~ ~ ~ W ~ ii~1 V` ~ ~ .T. V °o " V ~ Z ~ z v~ ~.= 0.~^OG~ E ~w Z ~~ U w ~~~ V$~ ~~~ ~ ~ , Cr 0. HR ' 4.. . D ~ a~ t z# ~~ ~ V ~ ~ ~ ~ ~ N ¢ ~ ~ ~ vs .a ~ ~ ~ d O :. ~a i v 00 N By: 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 ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division v. RACHAEL E. MAR'TE Cumberland County No.: 12-1364 Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Praecipe to Substitute Exhibit was sent to the following individuals on the date indicated below. RACHAEL E. MARTS 6204 EDGEWARE ROAD MECfIANICSBURG, PA 17050-5212. RACHAEL E. MARIE 12 NOTTINGHAM DR MECHANICSBtJRG, PA 17050-2.644 RACHAEL E. MARIE 6204 EDGEWEAR ROAD MECHANICSBURG. PA 17050 DATE: ~ Phelan Hallinan &~ g, LP /-'/" By: Allis s, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF Phelan Hallir.~an &Schmieg, LLP .ltistin ~F; . Koheski, Esq., Id. No.200392 1617 .IFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 2 I -5(i ~-7000 WELLS FAH:GO BANK, N.A. Plaintiff ,~I,, _.. ~,a -, A~['~RNEY FOR PLAINTIFF t ,~~U. ~' ~Ya, ~?~,_~ 1. Court of Common Pleas Civil Division vs. RACHAEI. l~. MARTS Defendant CUMBERLAND County No.: 12-1364 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 17, 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 L,elow, KACHAEL E. MARTE 6204 EDGEWARE ROAD MECHANICSBURG, PA 17050-5212 RACHAEL E. MARTS 6204 EDGI~,WEAR ROAD MECHANICSBURG, PA 17050 RACHAEL E. MARTE 12 NOTTINGHAM DR MECHANICSBURG, PA 17050-2644 Phelan Hallinan &Schmieg, LLP DATI~: _~~ By. - Jus ' F. ob ski, Esq., Id. No.200392. A rney for Plaintiff 28968] Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308~~~ ~:`O~' `9 ~ ~~~ ~TTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 ~_~~~,~~~~,~ ~~~~-~: One Penn Center Plaza ~'~~SYLYAt~IA Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County RACHAEL E. MARTE No.:12-1364 Defendant 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 October 12, 2012. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 2, 2012 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. 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 October 17, 2012 directing the Defendant to show cause by November 6, 2012 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "B". 4. The Rule to Show Cause was timely served upon all parties on November 1, 2012 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "C". 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of November 6, 2012. 289681 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffls Motion to Reassess Damages. helan llinan & Sc ieg, LLP DATE: By: Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff 289681 Exhibit "A" 289681 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 October 2, 2012 RACHAEL E. MARTE 6204 EDGEWARE ROAD MECHANICSBURG, PA 17050-5212 Representing Lenders in Pennsylvania and New Jersey RE: WELLS FARGO BANK, N.A. v. RACHAEL E. MARTE Premises Address: 6204 EDGEWARE ROAD MECHANICSBURG, PA 17050 CUMBERLAND County CCP, No. 12-1364 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 10/09/2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, ~. Alliaon o. 19 Attorney for. P aintiff Enclosure 289681 ~~ ~~ ~~ ~ ~` "~'' ~ 8 ~°. ~ ~ .~ ~~~ ~ ~~ ~ ~~ ,., ~ ~ ~ ~ s o ~~ o .~; :~~ ~ a ~ ~ ~:~ 0 E_2 ~ .. v~~ 3 E~ ' wr ~ ~ .' e ,. ~ °e,,., ~, >, '~ ' ~ ~' o ~, .. ~' 4 ~~ L _, ~.~ ~k~~ ~,} { T ~ 'I ~~~ ~'~ ~ _~ 5 ~ 1 ~ i . f? a i =.. x :~>~ a _ ~' ~ ~~ ~h+ '' i ~~ ''3 a .~ rx '~ ~ ~, o~ ,y=,`L~ ~,~ ~ oNo ,~~ ~.' .~~ Exhibit "B" 289681 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 3 RACHAEL E. MARTE . No.: ]2-1364 a Defendant RULE AND NOW, this~,~. day of ~ ~¢ 2012, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant 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 j j/ ? } ~ f / ~ f '. J. ,... . r+,;t ~~ :r_ ,a9 ~J 2896'81 Exhibit "C" 289681 Phelan Hallinan & Schmieg, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. RACHAEL E. MARTS Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division . CUMBERLAND County . No.:12-1364 CERTIFICATION_UF :~I:KVICE I hereby certify that a true and correct copy of the Court's October 17, 2012 Rule directing the Defendant to show cause as to why Plaintiff s Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. RACHAEL E. MARTS 6204 EDGEWARE ROAD MECHANICSBURG, PA 17050-5212 RACHAEL E. MARTS 6204 EDGEWEAR ROAD MECHANICSBURG, PA 17050 DATE; ~ j ~~ [~ RACHAEL E. MARTS 12 NOTTINGHAM DR MECHANICSBURG, PA 17050-2644 Phelan Hallinan 8c Schmieg, LLP By; Ju T`. b ski, Esq., Id. No.200392 A rney for Plaintiff 289681 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. CUMBERLAND County RACHAEL E. MARTE No.:12-1364 Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Motion to Make Rule Absolute was served upon the following individual on the date indicated below. RACHAEL E. MARTE 6204 EDGEWARE ROAD MECHANICSBURG, PA 17050-5212 RACHAEL E. MARTE 6204 EDGEWEAR ROAD MECHANICSBURG, PA 17050 RACHAEL E. MARTE 12 NOTTINGHAM DR MECHANICSBURG, PA 17050-2644 DATE: helan allinan c ieg, LLP By: e issa J. Cantwell, s ., . No.308912 Attorney for Plaintiff 289681 J IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff vs. Court of Common Pleas ~ <-.~ Civil Division ,,,o rn CUMBERLAND Coi +~ -,;~ 3 _. a ~. a ~. _,~ RACHAEL E. MARTS Defendant . ,,,~.~ . ~- No.:12-1364 v~ 2 7~" ~. •--i ORDER AND NOW, this %'~~~. day of ~ ~~~~'~ 12, upon consideration of Plaintiff s ~ :~~. c_.,,a ~',}~ ; c~ ~ _ -_ motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant 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 $302,606.81 Interest Through December 5, 2012 $7,634.13 Per Diem $16.58 Late Charges $359.76 Legal fees $1,450.00 Cost of Suit and Title $578.75 Property Inspections $160.00 Mortgage Insurance Premium/ Private Mortgage Insurance $2,743.65 Non Sufficient Funds Charge $20.00 Escrow Deficit $6,470.15 TOTAL $322,023.25 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriff s commission is not included in the above figure. ~S~Cr~~ BY THE COURT: / man 1-~all~nan ~ ~S'rl~~ ~~ ~ r~~ ~ 12ac~,el ~. /1~I~r~-~r J. ~~;~s N+~'i • ~~p/ ~ ll j~~~ 289681 1~~ _ _ I i ! _. [ A ~ 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 ..f.,;rl.!P~SY! ~!r;,~l,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff, v. RACHAEL E. MARTE Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 12-1364 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(x) 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 atta~i d herej(n Exhi "A~ McTa J. Cantwell, Esqui 201, Attorney for Plaintiff Date: NOV 16 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff s Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 289681 ,; -., x -..t a ur s~ w cs ,,,,, r ~. ~ . - 4 * i t A ~ • s! ~F ~F 7! 7i ~ t'"'~~ H fC~~ ~ ~ ~ ~ ~ ~ «d a .., ~ ~ ~-~i n, ~ ar ~ ~` ~ oer t~ ~ ci. G Fp~G~GG. Q ~ y~~ *pwo.._ `+c ~.b v~ C~ ~ A'X ~~ . pOpp ~ es ~ N ~ ~ O YI rt C rr eH ~ .f` w a.~ CS ''' c< a '~~"30 ~ ~ ~ &` ~ ~ ~~ ~ ~~ Q 0 ~' ~ ~.r rw ~ N a ~ ~ "~4 ~ ~ ~, Q i d Y1. c . .t"' 'Z7 'Sg. '^ ~ Y ~~ ~ ~~S ~~ N ~, . ~ _. °, Rio R+~ ~'~~~~ g ~.~ = ~~, °,#~~~ 8 ~$ 8 n ~.~~. ~ ~' H ~~. ~ ~ ~ ~ ~. ~~ ~, M A H 1 (rte; CM Uy V (yam G~i ~ `~ Y! ~~~ Ts Y ~ ~ ro a ~ ~' ~ ~g ~ ° ~ £ o; a c ziaz aa z r... ~z wow c~~rt d~s ,~. ~ ~ u, u~ ~ ~ ~ '~ ~szcizbooo ~ w~ z a A Y Q ~ ~` - '~ Lp7 ~ ~CN~ ~ ~~ O ~ oa~Z A {0 C- to 1 ~ s~c` ~-'~~~ ~~~ ~ ~ r "O ~ ~ ~ a~~~. ~~o~,~ n a ~ '`~ C :; ~; ~ ~. ~~ 7C i ~7 A .~. a ~7 -~ AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, N.A. ' PHS # 289681 DEFENDANT SERVICE TEAM/ lxh RACHAEL E. MARTS COURT NO.: 12-1364 SERVE RACHAEL E. MARTS AT: TYPE OF ACTION 12 NOTTINGHAM DR XX Notice of Sheriff s Sal e z~. ` MECHANICSBURG, PA 17050-2644 SALE DATE: December 5, 2012 ~ ~ ''1 ` SERVED ~~'t : ~'~- ~ Served and made known to RACHAEL E. MARTS, Defendant on the ~~'°day of 6C.'T48 F.~ , 20 ~~~ rj -:~ 7 " t?~ = ~7 , o clock ~,. M., at , in the manner described below: ~ ~' ~ ~,~~ Defendant personally served. FCfFA'Nk-st3~ ~ (~1~~ <a ~ .t,..~,~, _ ~ Adult family member with whom Defendant(s) reside(s). ~ ~ ~ ~ "°" Relationship is _~" H'f>~ ~, ~ c~ t.W.+ ~.,:' ' _ 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). ..C C.J _ Agent or person in charge of Defendant's office or usual place of business, an officer of said Defendant's company. Other: Description: Age ~6 Height 5 , ~ Weight i« Race w Sex ~' Other ~~~nald P~Ioll I, , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~ ANC/CJ ~~~~~ DATE: f~ 17 I ~ NAME: PRINTED NAME: ROZIaId 1Vlolj TITLE: Process Scrver NOT SERVED On the day of , 20_; at o clock _. M., I, , a competent adult hereby state that Defendan-~OT FO cause: _ Vacant ~ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at at _ Service Refused Other: n I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn('jU~~ falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq.> Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 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 2~ Phelan Hallinan, LLP Attorney For Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Cf f y CO -! z- ?F I WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff . Civil Division vs CUMBERLAND County RACHAEL E. MARTE Defendant No. 12-1364 PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P., 2352 TO THE PROTHONOTARY: Kindly substitute US BANK NA AS LEGAL TITLE TRUSTEE FOR TRUMAN 2012 SC2 TITLE TRUST as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: US BANK NA AS LEGAL TITLE TRUSTEE FOR TRUMAN 2012 SC2 TITLE TRUST is the current holder of the mortgage by virtue of that certain Assignment of Mortgage, which Assignment was recorded on 12/28/2012 in Instrument No. 201240470 of the Recorder of Deeds Office in and for CUMBERLAND County. Kindly amend the information on the docket accor ' g Date: it By: Allison . Z PHS # 289681 yrfan, Esq., Id/No.309519 for Plaintiff ?? sso-18 Phelan Hallinan, LLP Attorney For Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff Civil Division vs CUMBERLAND County RACHAEL E. MARTE Defendant No. 12-1364 PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please mark the judgment in the above-captioned matter to the use of US BANK NA AS LEGAL TITLE TRUSTEE FOR TRUMAN 2012 SC2 TITLE TRUST, located 7515 IRVINE CENTER DRIVE IRVINE, CA 92618 Date: PHELAN LAN, By: Allison d. No.309519 for PHS # 289681 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of US BANK NA AS LEGAL TITLE TRUSTEE FOR TRUMAN 2012 SC2 TITLE TRUST. Date: L CL--1 PHELAN INAN, LLP By: Allis F. term i, Esq., Id. No.309519 ornev or Plaintiff PHS # 289681 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County RACHAEL E. MARTE No. 12-1364 Defendant PHS # 289681 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe to mark judgment to US BANK NA AS LEGAL TITLE TRUSTEE FOR TRUMAN 2012 SC2 TITLE TRUST and substitution of party plaintiff was served by regular mail to the person(s) on the date listed below: RACHAEL E. MARTE 6204 EDGEWARE ROAD MECHANICSBURG, PA 17050-5212 Date: ptvi9-- Z? PHELAN INAN, LLP By: Allison . Zuckerm , Esq., Id. No.309519 AUomey r Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY �,r-. Ronny R Anderson {- ` tl`ED_i✓F FI .� Sheriff (10y��ttr at�'uurbr i t THE PROTHO�l b :I}y Jody S Smith Chief Deputy 2013 MAR 20 AM Ifl: 49 ,� Richard W Stewart CUMBERLAND COUNTY Solicitor WiCE OF THE$4ERIFF PENNSYLVANIA Wells Fargo Bank, N.A. Case Number vs. Rachael E. Marte 2012-1364 SHERIFF'S RETURN OF SERVICE 09/21/2012 05:44 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 6204 Edgeware Road, Hampden Township, Mechanicsburg, PA 17050, Cumberland County. 10/12/2012 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant,to wit: Rachael E. Marte, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as"Not Found"at 6204 Edgeware Road, Mechanicsburg, PA 17050, address is vacant. 10/18/2012 04:35 PM-Deputy Michelle Gutshall, 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 JALORMA RICHARDS-DAUGHTER,who accepted as"Adult Person in Charge"for Rachael E. Marte at 12 Nottingham Drive, Mechanicsburg, PA 17050, Cumberland County. 12/05/2012 As directed by Francis S. Hallinan,Attorney for the Plaintiff, Sheriffs Sale Continued to 1/9/2013 01/09/2013 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA on January 9, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Francis Hallinan, on behalf of US Bank NA as Legal Title Trustee for Truman 2012 SC2 Title Trust, being the buyer in this execution, paid to the Sheriff the sum of SHERIFF COST: $1,094.26 SO ANSWERS, March 18, 2013 RbNtrY R ANDERSON, SHERIFF ±c)CountySude Sheriff,Teleosofl,Inc. t WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 12-1364 RACHAEL E. MARTE Defendant(s) - CUMBERLAND COUNTY PHS#289681 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 6204 EDGEWARE ROAD, MECHANICSBURG,PA 17050-5212. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained,please so indicate) RACHAEL E.MARTE 6204 EDGEWARE ROAD MECHANICSBURG,PA 17050-5212 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) HSBC Bank Nevada,NA. 1111 Town Center Drive Las Vegas,NV 89193 HSBC Bank Nevada,NA.C/O James WELTMAN WEINBERG ET AL Warmbrodt,ESQ. 436 SEVENTH AVE STE 1400 PITTSBURGH,PA 15219-1827 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) 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) l . 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) TENANVOCCUPANT 6204 EDGEWARE ROAD MECHANICSBURG,PA 17050-5212 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle,PA 17013 Commonwealth of Pennsylvania P.O.Box 2675 Department of Welfare Harrisburg,PA 17105 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh,PA 15222 U.S.Department of Justice 228 Walnut Street,Suite 220 U.S.Attorney for the Middle District of PA PO Box 11754 Federal Building 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 unworn falsification to authoriti Date: By: h lan Hallinan mieg,LLP Matthew Brushwood,Esq.,Id.No310592 Attorney for Plaintiff f WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO.: 12-1364 RACHAEL E. MARTE Defendant(s) CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RACHAEL E. MARTS 6204 EDGEWARE ROAD MECHANICSBURG,PA 17050-5212 "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 6204 EDGEWARE ROAD,MECHANICSBURG,PA 17050-5212 is scheduled to be sold at the Sheriff's Sale on 12/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street,Carlisle,PA 17013 to enforce the court judgment of$308,736.67 obtained by WELLS FARGO BANK,N.A.(the mortgagee)against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7M 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 YO IiJ 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 of that certain lot or tract of land situate in Hampden Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: Beginning at a point on the Eastern right-of-way line of Edgeware Road in the dividing line of Lot#155 and Lot#156 as shown on hereinafter mentioned Plan of Recording: THENCE by aforementioned dividing line South 88 degrees 30 minutes 00 seconds East, 125.12 feet to a point on the Western line of Lot#140 Hampden Court Phase 3,recorded in Planbook 54 page 74;thence by aforementioned line South 12 degrees 54 minutes 12 seconds East,92.92 feet to a point on the dividing line of Lot#156 and Lot#157;thence by aforementioned dividing line North 88 degrees 30 minutes 00 seconds West, 148.24 feet to a point on the Eastern right-of-way North 01 degrees 30 minutes 00 seconds East,90.00 feet to a point being the place of BEGINNING. BEING Lot# 156 as on Plan of Recording of Hampden Court Phase 5,recorded in Plan Book 70,Page 20. CONTAINING 12,301.21 square feet ALSO BEING 6204 Edgeware Road.Also having a part of a 30 foot sanitary sewer and storm easement along the Northern line(dividing line of Lot#155 and Lot#156). TITLE TO SAID PREMISES VESTED IN Rachael E.Marte,a single person,by Deed from Rachael E. Speelman,a single person and Jalorma Yanich,a single person,dated 01/31/2008,recorded 02/08/2008 in Instrument Number 200803972. PREMISES BEING: 6204 EDGEWARE ROAD,MECHANICSBURG,PA 17050-5212 PARCEL NO. 10-19-1606-171 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N0, 12-1364 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK,N.A.Plaintiff(s) From RACHAEL E. MARTE (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: $308,736.67 L.L.: $.50 Interest FROM 5/30/2012 TO DATE OF SALE($50.75 PER DIEM)-$9,642.50 Atty's Comm: % Due Prothy:$2.25 Arty Paid: 189.25 Other Costs: Plaintiff Paid: Date: 8/6/2012 I David D.Buell,Prothonotary— (Seal) Deputy REQUESTING PARTY: Name: MATTHEW BRUSHWOOD,ESQUIRE Address: PHELAN HALLINAN&SCHMIEG,LLP 1617 JFK BOULEVARD,SUITE 1400 PHILADELPHIA,PA 19103 'TRUE Wpy FROM RECORD In Testimony whereof,I hereunto set my hand Attorney for: PLAINTIFF end of said Cou t C disie,Pa. day of 2t Telephone: 215-563-7000 This rothenota-y Supreme Court ID No.310592 ✓ / 1 1 Cr W ' :. � A441 , 1j 201 'a", tA g CtatWa w, 1Z V L- SO 3AIIA NS 3141 �O 31 CUMBERLAND LAW JOURNAL Writ No. 2012-1364 Civil Term PREMISES BEING: 6204 EDGE- WARE ROAD,MECHANICSBURG,PA Wells Fargo Bank,N.A. 17050-5212. VS. PARCEL NO. 10-19-1606-171. Rachael E. Marte Atty.:Francis S.Hallinan ALL of that certain lot or tract of land situate in Hampden Township, Cumberland County,Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: Beginning at a point on the East- ern right-of-way line of Edgeware Road in the dividing line of Lot#155 and Lot#156 as shown an hereinafter mentioned Plan of Recording: THENCE by aforementioned di- viding line South 88 degrees 30 minutes 00 seconds East, 125.12 feet to a point on the Western line of Lot #140 Hampden Court Phase 3,recorded in Planbook 54 page 74; thence by aforementioned line South 12 degrees 54 minutes 12 seconds East,92.92 feet to a point on the di- viding line of Lot#156 and Lot#157; thence by aforementioned dividing line North 88 degrees 30 minutes 00 seconds West, 148.24 feet to a point on the Eastern right-of-way North 01 degrees 30 minutes 00 seconds East, 90.00 feet to a point being the place of BEGINNING. BEING Lot # 156 as on Plan of Recording of Hampden Court Phase 5,recorded in Plan Book 70,Page 20. CONTAINING 12,301.21 square feet. ALSO BEING 6204 Edgeware Road.Also having a part of a 30 foot sanitary sewer and storm easement along the Northern line(dividing line of Lot#155 and Lot#156). TITLE TO SAID PREMISES VEST- ED IN Rachael E. Marte, a single person, by Deed from Rachael E. Speelman, a single person and Ja- lorma Yanich,a single person,dated 01/31/2008,recorded 02/08/2008 in Instrument Number 200803972. 61 � 1 i PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587,approved May 16, 1929),P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND Lisa Marie Coyne,Esquire,Editor of the Cumberland Law Journal,of the County and State aforesaid,being duly sworn,according to law,deposes and says that the Cumberland Law Journal,a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952,and designated by the local courts as the official legal periodical for the publication of all legal notices,and has,since January 2, 1952,been regularly issued weekly in the said County,and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 26, November 2 and November 9,2012 i Affiant ftutber 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. I&Marie Coyne,qtor SWORN TO AND SUBSCRIBED before me this da of November, 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND;COUNTY My Commission Expires Apr 28,2014 r � tft2� PAdvidl.llo% Mir Awds IL 00 0 ALLofthut or,*0404tad County,Cona�raMr Ivania Mom particuladyboumdadsad dewribed as Eognt�,tApifK. Beg�iggad6spe�int; drn rte. d�►ycfa4ttbe dives l�aatLtk:�lSSaad Lot#aL56 as shown out hKabaAw maati oned Plaa of RecQWWF THwmbg OAfttino Souda88dWm3DwA%tKa00swoads Eat,125.12 bpd to a poiatarthe Wmm fine otwIl 14011 Cwa#Fiuw 3, P�tlbooit SR putt 74;titaace ` by liaa$cob 12 drtvm 54 MiUMIN 12#aMA Bawl,92.92loet to a point**dw*vilialg]4at lit#156 andLot#W ft=by dMdng iina Naga W degrees nakuus W socaads lliiaat,l"fw toa poiOtoa the F.sedmt Mllt egwW NO*01 dagtees 36ntimea 00 teop"Bart,WAfeatto a *000(mo mmo. BMG IA#i 3tlas;on Pbat of Rmr&g of Ham pdan Court Phase 5,r000rdod m, Plan Bonin 79,Page 20. CONI'AtNW12X.21 agaan foes ALSO BEA9t36M8dVwmRost Also having a part of a36fip nskmy sewer and stoma a tabtW&Axtl em line(dividing tiae'af Lau#155 sad Lot #156}. MU M SAD MOO S VESTED IN Radrsel F.Mnrta,a siagto paraen,by Deed fraw,jaschW E.SpeeWw a**pea m wd Jjom Yanich,a single pawn,dated 01/31iI^ recorded M=mbmmtmWN=ba 200803972.' PREM[SBS BOW 6M K*EWARE ROAD,MECHAN1(b'BURG,PA 17050- 5212 PARCEL NO.10.19.1606.171 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Now you know Inquiries -717-256-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE 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. 4 F$UBLICATION COPY r This ad ran on the date(s)shown below: 4 10/26112 11102/12 11/09112 . . . . . . . . . . . . . . . . . . Swom nd ubsc d fore t 19 of vember, 2012 A.D. Notary'Public M LT I OF PENNSYLVANIA N04081 so Sheft L.Chvenia,Notary public Lower Pliftn'rWp.,Dauphin county My top" PQ_ft_9_ft Nov.26,201S M TA110N OF NOTARIES Fax Server 12/5/2012 9: 28 : 08 AM PAGE 1/001 Fax Server Phelan Hallinan,LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Fax: (215) 563-7009 Representing Lenders in Foreclosure Manager Pennsylvania and New Jersey December 5,2012 Office of the Sheriff Cumberland County Courthouse One Courthouse Square Carlisle,PA 17013 Attn:Real Fstate Department Fax Number:717-240-6397 Re: WELI, 9JEAXLKLBANK,N.A.v. 6204 EDGWARE ROAD MECHANICSBURG, PA 17050-5212 Dear Sir/Madam: Please Postpone the Sheriff Sale of the above referenced property, which is scheduled for December 5,2012 due io the following: HAMP Certification 10-02. WN Thank you for your cooperation in this matter. Very Truly Yours, Kathryn McGurl for Phelan Hallinan,LLP ?HS#289681 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I,Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which US Bank NA as Legal Title Trustee for Truman 2012'SC2 Title Trust is the grantee the same having been sold to said grantee on the 9th day of Janes A.D.,2013,under and by virtue of a writ Execution issued on the 6th day of August,A.D.,2012,out of the Court of Common Pleas of said County as of Civil Term,2012 Number 1364, at the suit of Wells Faro Bank,N.A. against Rachael E. Marte is duly recorded as Instrument Number 201308891. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 1;70 day of A.D. a n 13 R rder of Deeds Caft?A NJ 9B*nftFkdVwdNdJvL=4