Loading...
HomeMy WebLinkAbout04-5752 FEDERMAN PHELAN, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, P A 19103 (215) 563-7000 ATTORNEY FOR PLAINTWF WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEWBOULEVARD FORT MILL, SC 29715 COURT OF COMMON PLEAS CNIL DIVISION Plaintiff TERM NO.C;>t.l -S7~ Ct~~l<-r~ v. CUMBERLAND COUNTY CHRISTOPHER R. LUBNOW 200 EAST KELLER STREET MECHANICSBURG, P A 17055 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 FORm 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 ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 102312 File#: 102312 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THA T TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN A TTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, me. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: CHRISTOPHER R. LUBNOW 200 EAST KELLER STREET MECHANICSBURG, P A 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 03/14/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to EQUITY ONE, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1753, Page: 3482. By Assignment of Mortgage recorded 3/28/02 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 685, Page 4507. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2004 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 #: 102312 6. The following amounts are due on the mortgage: Principal Balance Interest 07/01/2004 through 11/15/2004 (Per Diem $16.99) Attorney's Fees Cumulative Late Charges 03/14/2002 to 11/15/2004 Cost of Suit and Title Search Subtotal $83,053.21 2,344.62 1,250.00 87.57 $ 550.00 $ 87,285.40 Escrow Credit Deficit Subtotal 0.00 154.13 $ 154.13 TOTAL $ 87,439.53 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 87,439.53, together with interest from 11/15/2004 at the rate of $16.99 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. ANPHEL~LL~ By: /Francis S~inan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 102312 LEGAL DESCRIPTION ALL THAT CERTAIN Unit, being Unit No. 591-15 (the 'Unit'), of Sun guild III, A Condominium, located in Upper Allen Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Sunguild III, A Condominium (the 'Declaration of Condominium') and Declaration Plats and Plans as recorded in the Recorder's office of Cumberland County in Misc. Book 357, Page 20, and in Right of Way Plan Book 9, Page 24, as amended in Misc. Book 362, Page 1111, and Plan Book 57, Page 132 and as further amended in Misc. Book 365, Page 993 and Plan Book 58, Page 81. TOGETHER with an undivided 1.9061 percent interest in Common Elements as more particularly set forth in the aforesaid Declaration of Condominium and Declaration Plats and Plans, as amended aforesaid. TOGETHER with the right to use any limited common elements applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans, as amended. BEING NO. 591-15 GENEVA DRIVE File #: 102312 VERIFICATION Yolanda Wiliams hereby states that he/she is VP L oan Documentation of Wells Fargo Bank,Na mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his /her knowledge, information and belief The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. nda Williams e President Loan Documentation ~~ DATE: (::) ~ € 1t ~ ~ ~ n "'''' 0 c ::> "l c, \" '",) -fl W ..A:." ....... (). ~C' ( : ;r. --1 -,- ~ ~ .:i: C" -'- -n ~ 'h-: ~ 11 r--= "T/,Tl .;', ;:,;) ....) 0) ,1 (~) """- I: '1 -0 C> ::~~~~ -i .1 ) .. 1"1\ N r., .. -,' w SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-05752 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS LUBNOW CHRISTOPHER R R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT LUBNOW CHRISTOPHER R but was unable to locate Him In his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , LUBNOW CHRISTOPHER R 591-15 GENEVA DRIVE MECHANICSBURG, PA 17055 591-15 GENEVA DRIVE IS VACANT. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 5.00 10.00 .00 21.00 So answer~ :-;;;';;'/1 -""---/ .~" ----- ""- R. Thomas Kine Sheriff of Cumberland County FEDERMAN & PHELAN 12/07/2004 Sworn and subscribed to before me this &~ day Of~~<j 2t>vS' A.D. ~~ -() Prot 0 otary ~f;€L~" ~ I '.... SHERIFF1S RETURN - REGULAR ,,- CASE NO: 2004-05752 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS LUBNOW CHRISTOPHER R CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LUBNOW CHRISTOPHER R the DEFENDANT , at 1346:00 HOURS, on the 6th day of December, 2004 at 200 EAST KELLER STREET MECHANICSBURG, PA 17055 by handing to FRED LUBNOW, BROTHER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 7.40 .00 10.00 .00 35.40 ,~"..",....) ..// ~~~/,.. ",....;'-' r f,' .....- ,,1" r ~____ ..--:;:....,..... "-J'/'r~-:J. .,......,',.-,~:":'_"U:t ..., .-J:~ .1"'" ".~/-:;,::;....:.:.~J-" "...... '1- ../. .-- .,."./ ~."'-- R. Thomas Kline 12/07/2004 FEDERMAN & Sworn and Subscribed to before By: ...... me this f.s, ~ day of ~, ,I i / ~~ ~f70,~ A.D. ~,-Cl 'Th,jp,"~ ~ P othonotary , , PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SillTE 1400 PHILADELPHIA, PA 19103-1814 (215\ 563-7000 o WELLS FARGO BANK, N.A., SIB/M TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 04-5752 CIVIL CHRISTOPHER R. LUBNOW Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against CHRISTOPHER R. LUBNOW and, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 11/16/04 to 4/22/05 TOTAL $87,439.53 $2,684.42 $90,123.95 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. I, copy attached. '1 '-- Q' () - 1 " _/" ~VV-tQJ D IEL G. SCHMIEG, SQUIRE / Attorney for Plaintiff ( "-'=.:..-.- DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 6/.}./';>f I . '7 (/LAh;d PRO PROTHY ~~ r . . PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Sclunieg, Esq., Id. No. 62205 Philadelphia, PA 19103 e I '\) '\61-7000 ATTORNEY FOR PLAINTIFF FILE COpy WELLS FARGO BANK, N.A., S/BIM TO WELLS : COURT OF COMMON PLEAS FARGO HOME MORTGAGE, INC. Plaintiff : CIVIL orVISION Vs. : CUMBERLAND COUNTY CHRISTOPHER R. LUBNOW : NO. 04-5752 CIVIL TERM Defendants TO: CHRISTOPHER R. LUBNOW 200 EAST KELLER STREET MECHANICSBURG, P A 17055 DATE OF NOTlCE: APRIT ~ 200~ THIS FIRM IS A DEBT COLLECfOR AITEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECf 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 COLLECf A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRIITEN 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 MAYBE 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 MAYBE 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff o ~~;"; -r,:, ~ ~ ~ f',4\ f ~ ~ ~ ~ '" ""- t' ~ W ).. \ V c., \ 0 --.\ ~ ~ ~ ~C> ...."~ ~.,. ':J::_-r; [11 1'" r1~ -',,",'1' .-:] (-.--~ --;1 ----...',' -\"-<1. (-~. -~) '7_ (~\ ~~ .,p .' CJ - r--" c..) (""~ 0' - ~; -:: '5? :;2 ~ .-:1 ::l,:n f1C -0'" I :'St.(, N '::'":lSl, -" -'''' ;>'5-,"') 5: :)l;)~n ':~;\ ~",. ~.q --<,. '-P. o -J PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PffiLADELPffiA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 04-5752 CIVIL CHRISTOPHER R. LUBNOW Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit (a) that the defendant(s) is/are not in the Military or Naval Service ofthe United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of1940, as amended. (b) that defendant CHRISTOPHER R. LUBNOW is over 18 years of age and resides at, 200 EAST KELLER STREET, MECHANICSBURG, PA 17055 . This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. "~ ~ ~ ::t:: ~ \ N Q. -' -;:-n i'1'e::, ~.~\0 .~) \ }t~) :;~~~ r:,-fr\ i~i !:~: ~~ <? C! CP (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVlEW BOULEVARD CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 04-5752 CIVIL CHRISTOPHER R. LUBNOW Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ,<) / .:L 200. / B~ ftJiv' ~,4 If you have any questions concerning this matter, please contact: ,__~'>O_",".__ ,,___ ('x Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN TAlON 1617 JOHN F. KENNEDY BLVD., SUIT 0 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." ~ c..-" = .;;:J1 o -n -< -r fllp -om "qQ ) , ~~~B .:,..() ::--;(-{-j ::::~, ~~ ~<: -,'" i; -< I N ~ ~i.. \D c:> CO PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION CHRISTOPHER R. LUBNOW NO. 04-5752 CIVIL Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage () non-owner occupied () vacant o Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. '--- . '1 , \ -l'hvvQJ ' ESQUIRE \ C? ,..., j~ <= <J' -:.ih. J;.." -< I N ~~ ~ ~ ~:D -0....8 '1) .L :~,~~~ i~)n 0;fr1 ....g 'P :~ o a:> ./'-. , (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK, N.A., S/BIM TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, v. No. 04-5752 CIVIL CHRISTOPHER R. LUBNOW Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $90,123.95 Interest from 4/22/05 to SEPTEMBER 7, 2005 (per diem -$14.81) $2,043.78 and Costs TOTAL $92,167.73 < ( L ANIEL G. SCH 'I , ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale, The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale, lrl lrl <:> t'- .... < ~ rS ~ ~ u .... ~ f;Io;$ = u O~ O~ Z ~ ~~ ....... 0 ~ ,..~ ~~ 5 ~ ioo Ee< B zZ 00,", i ~~ ~ .,j o~ ~~ " ~~ 5 ,.. \a ~ ~ '0 ~~ ~;; z~ "' ~ 0"2 ,g 0... ~,.. c uz ~~ ~ ~ ~~ ~ a5 ;. ~ s ~o ~&, S '" ...u 0= ~ ~.. t ~~ ~8 o~ g. 6~ ... ,.. 00 ~C> <:> p. ~~ ~ "'6 <:> I u~ e= N oo~ ~,.. ;:300 u U <h ...~ ~ '" ,..... ~ " ~;;l ~... ~ ~ ~ .- ~ u p... , DESCRIPTION ALL TIlAT CERTAIN Unit, being Unit No. 591-15 (the 'Unit"), or Suoguild III, A Condominium, 100000ed in Upper Allen Township, Cumberland Cowuy, Pennsylvania. which Unit is designalC<l ill the Declaration of Sunguild Ill, A Condominium (the "Declaration of Condominium"j and Declatation PiaU and PIa1ls as recorded in the Recorder's Offl<:e of CumberlJmd County ill Mille_ Boole 357. Page 20. and in Right of Way Plan Boole 9, PlIgC 24, .slIIlIended in Mise. Boole 362, Page HIt. and Plan Book 57, Page 132 and as further amended in Misc. Book 365. Page 993 and Plan Book 58, Page 81, TOOETHER with an undivided 1.9061 % interest in Cl>I1llIWn Elements as moN: particularly set forth in the aforesaid Declaration of Condominium and Declaration Plats and PllUlli, as amended aforc""id. TOGETHER with the right to us. any limill:d colllll1On elelllell/s applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans, as amended. Ta~ Parcel #42-24-079H63-U591-15 TITLE TO SAIP PREMISes IS VESTED IN Christopher R. LulJoow, Single Man by ~ from JllIle E. Wood-Rojohn and Jeffrey S. Rojohn. wife and husband dated 3fl2l2002 and r",..orded 3/2812002, in Deed Book 250, Page 4983, Premises: 591-51 Geneva Drive, Mechanicsburg, PA 17055 ~ ~ ;, ~ -- ~ lr, ~ ?' L -., '- '\-- ~ --- ~ ('\ (:):) 'i1 ~ ....... ~<..), ::tl\" W 'I-.. -I::. ~\ ~ W <X\' " ",-- 0- , , ~ {} (J , o t,\ \ "" \ 6 't ~\\ --;"\-...\ w" ~' r 'i::: '). ,.. "\ ~ ,~ ~ , ~ ~ ~ ~ r-> 0 C'~., -=-::::1 -n cJ' :!.r:. AA:D :;;':P --< ,- I ...,Jl...... -<>0 N ~-)lI) ;:~I~:::E , >~(") ;:_-_-;jCY1 S " ...CJ ;~.;: ::~~ 0 :.'.1 -<. 0) ......:.. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-5752 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO N A Plaintiff (s) From CHRISTOPHER R. LUBNOW, 200 EAST KELLER STREET, MECHANICSBURG, P A 17055 (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 $90,123.95 Iuterest FROM 4/22/05 TO SEPTEMBER 7,2005 (PER DIEM - $14.81) AND COSTS $2,043.78 L. L..50 Atty's Conuu % Due Prothy $1.00 Atty Paid $138.40 Plaintiff Paid Other Costs Date: MAY 2, 2005 CURTIS R. LONG (Seal) By: REQUESTING PARTY: Name DANIEL SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215)563-7000 Supreme Court ID No. 62205 o " WELLS FARGO BANK, N.A., SI8/M TO WELLS FARGO HOME MORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION CHRISTOPHER R. LUBNOW NO. 04-5752 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No, I) WELLS FARGO BANK. N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .591-15 GENEVA DRIVE. MECHANICSBURG. PA 17055. 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CHRISTOPHER R. LUBNOW 200 EAST KELLER STREET MECHANICSBURG, PA 17055 2. Name and address ofDefendant(s) in the judgment: 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None ~ 4. Name and address of last recorded holder of every mortgage of record: Name Last Known 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 Last Known 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 Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occnpant 591-15 GENEVA DRIVE MECHANICS BURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 171 05 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 of18 Pa. C.S. Sec. 4904 relating to unsworn falsification to au1;\1orities. ---- April 21. 2005 DATE ~ <:'~ <-f' -- 7 .-<: \ ("0 (..". ;~ ~< 7~ o -n 9.;!l rnr:: -ell:\' :r;cr; (-:J{"'''j ..~(,--h :(.-1'1 ()("') .'::>r(\ ":::~ --C';>'" t",! :z '-? o co , WELLS FARGO BANK, N.A., SIB/M TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, CUMBERLAND COUNTY No. 04-5752 CIVIL v. CHRISTOPHER R. LUBNOW Defendant(s). April 21, 2005 TO: CHRISTOPHER R. LUBNOW 200 EAST KELLER STREET MECHANICSBURG, PA 17055 . 'THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THA T PURPOSE IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, 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. 591-15 GENEVA DRIVE. MECHANICSBURG, PA 17055. is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 7. 2005 at 10:00 a.m_ in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $90,123.95 obtained by WELLS FARGO BANK. N.A.. SIBIM TO WELLS FARGO HOME MORTGAGE. INC. (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 cancelled 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. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open t 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. ]. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (2] 5) 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 ifthis has happened, you may call (7] 7) 240-6390. 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 schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. 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 distribution is filed. 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. 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 DESCRlYI'ION ALL TIlAT CERTAIN Unit, being Unit No. S91-1S (the . Unit') , of Suoguild m, A Condominium, located in Upper ADen Township, Cumberland County, Pennsylvania. which Unit Js designated iulhe Declaration of SUnguild Ill, A Condominium (the 'Declaration of Cond<>minium ') and Declaration Plat' and Plans as recorded in the Recorder's Office of Cumbetland CooDly in Misc. Book 357, ""gc 20, and in Right of Way Plan Book 9, Page 24, ..llIIICnded in Misc. Book 362, Page 1111, and Plan Bool:: 57, Page 132 and as further amended in Misc. Book 365, Page 993 and Plan Book 58, Page 81. TOGETHER with an nndlvided 1.9061 % interest in COIllI1lOn EletneIlts as more panicularly set forth In the aforesaid Declaration of Condominium and Declaration Plats and PllIIlS, as amended aforesaid. TOGEfHER with the right to use any limiled common elements applicabte to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plam, as amended. Tax ""reel #42-24-079l-l63-U59HS TITLE TO SAID PRE.MI'SBS IS VESTED IN Chri5topher R Luboow, Single Man by De<:<! from Julie E. Wood-Rojohn and Jeffrey S. Rojohn, wife and husband dated 311212002 and re<:otded 3/2812002, in Deed Book 150, Page 4983. Premises: 591-51 Geneva Drive, Mechanicsburg, P A 17055 " "', 0 ,,~ c: = -n <-" :ii'" :;:I :-;r,: :-<>> fil ::n -< ,)hi I -"'9 N <~ ~~~ ;': ~-~~ l;~t -~.~ , ;-;~,n'l, ~i; '-.0 ~:'~ :;4 c:> ::b -( '-D .< ;, AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO BANK, N.A., SlBfM TO WELLS FARGO HOME MORTGAGE, INC. CUMBERLAND COUNTY PJT No. 04-5752 CIVIL ACCT. #8993835 DEFENDANT(S) CHRISTOPHER R. LUBNOW SERVE CHRISTOPHER R. LUBNOW AT 200 EAST KELLER STREET MECHANICSBURG, PA 17055 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 7, 2005 SERVED Served and made known to ct';"~fL~ K. ~,jb~o:-I5efendant, on the 3d +\" daYOf~,200S- ,K~jJ~r( S'<t-. J .lvl~( k. f,.J; C5!,,N r<:., at '/ :/-8 ,o'clock f-'.m., at ;;l.OO {:. I of Penns~lvania, in the manner described below: ~\Defendant personally served. ~dult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. ~anagerlClerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant( s) 's company. Other: / j, J II I > Description: AgeSS- Height 5/0 Weight fr;o Race (A}[,sexl"l. Other IV", jbs-cs I, C\~~o.JC"'" L, Grt-\1/ ~~mpetent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the N6tice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the addre$s indicated above. , Commonwealth Sworn to ~nd SUb};nbed before e, this <f- day of 8' : 200S /;) Notary: ~ By: Ct!{:; PLEASE ATTEM~T SERV8 AT LEAST 3 TIMES. INDICATE OAT S OF SERVICE A fTEMPTElJ. NOT SERVED On the day of ,200_, at Moved Unknown No Answer 1 st Atte,*pt: / / Time: 3rd Atte/l1pt: / / Time: o'clock _.nt, Defendant NOT FOUND because: Vacant 2nd Attempt: / / Time: Sworn to abd subscribed before me ~is _ day of , 200 _" Notary: By: Attorne f r Plaintiff Daniel G. chmieg, Esquire - 1.0. No. 62205 ----- r:) 0='. '-\\ ',,_.-' c../~ \J':) :-j.,:. :::::.. f'" ,.,r\ - -- Wells Fargo Bank N.A. VS Christopher R. Lubnow In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-5752 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriffs Costs: Docketing Poundage Advertising Posting Handbills Levy Mileage Certified Mail Surcharge Law Journal Patriot News Share of Bills Prothonotary 30.00 1899.34 15.00 15.00 15.00 19.20 2.55 20.00 323.00 268.10 20.20 ..l.jQ $2628.89 Sworn and subscribed to before me 2005, A.D. Prothonotary So Answers: ~~J!t~~//~ , R. Thomas Kline, Sheriff Byjftj~~ Real E te Sergeant ,1) I. (k.';JJ'1~ Jc...... Jd7):J- WELLS FARGO BANK, N.A., S/BIM TO WELLS FARGO HOME MORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION CHRISTOPHER R. LUBNOW NO. 04-5752 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) Name WELLS FARGO BANK. N.A.. S/B/M TO WELLS FARGO HOME MORTGAGE. INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning thqealf.top~y located at ,591-15 GENEVA DRIVE. MECHANICSBURG. PA 17055. ~-. ~~ ::r..." .~. rn F -< -rn 1 -20 ... <ct I N ~-:-::~C) c.'-' J::."".::"_" .-n _" i_~i::) ..':,,'('n C.J -4 ?t5 -< 1. Name and address of Owner(s) or reputed Owner(s): I--=-~ ( -..:::-;, Last Known Address (if address cartnQt'be \..0 reasonably ascertained, please indicat~ ::; ~ CHRISTOPHER R. LUBNOW 200 EAST KELLER STREET MECHANICSBURG, PA 17055 2. Name and address ofDefendant(s) in the judgment: 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded hol&r of e'\rery mortgage of record: Name Last Known 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 Last Known 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 Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 591-15 GENEVA DRIVE MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to au orities. April2L 2005 DATE WELLS FARGO BANK, N.A., SIB/M TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, CUMBERLAND COUNTY No. 04-5752 CIVIL CHRISTOPHER R. LUBNOW ii' ...., = = W"> ::II: :..- -< , N v. n ~~~ 0' TO: CHRISTOPHER R LUBNOW 200 EAST KELLER STREET MECHANICSBURG, PA 17055 C;~ ~ U) o u::> o -n ~-n nl-.". ~Fri :o? ~~~ t") :t::n ~~ri ::'l:' -< Defendant(s). April 21, 2005 ~. --"'~ **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THA T PURPOSE IF YOU HA VE PREVIOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, 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. 591-15 GENEVA DRIVE. MECHANICSBURG. PA 17055. is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 7.2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $90.123.95 obtained by WELLS FARGO BANK. N.A., SIB/M TO WELLS FARGO HOME MORTGAGE, INC. (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 Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled 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. 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 Sheriffs 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 ifthe buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as ifthe 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 schedule of distribution ofthe money bid for your house will be filed by the Sheriff within 30 days of the sale. 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 distribution is filed. 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. 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 DESCRlPl'ION ALL TIlAT CERTAIN Unit, being Unit No. 591-15 (the 'Unil'), of Suogund m, A Condomillium, localed in Upper ADen Township, Cumberland County, PennsylYlUlia, which Unitls designated in tbe Declaration of Sungwld Ill, A Condominium (the "Declaration of Condominium') and Declaration VIm and P1a.ns as recorded in the Reeordet's Office of CllIlIImland County in Milic. Book 357, Page 20, and in Right of WIlY Plan Book 9, Pax<> 24, a. llmCt1ded in Misc. Book 362, Page Ill!, and Plan Book 57, Pagll132 and as fm1her amended in Misc. Book 365, Page 993 and Plan Book 58, Page 81. TOGETHER with an nndMded 1.9061 % intecesl in C\lIllDlOIl EIemeIlts as more panicularly set forth in lbe aforesaid Declaration of Condominiwn and DecJaration Plm and Plans, as amended aforesaid. TOOEfBER wilh Ihe right to nse any limited common elements applicable to Ihe Unit being OO1lveyed herein, pursuant to the Declanttion of Condominium and Declaration P1at.s and PIlIIl8, as amended. Tax Parcel #42-24-0791-163-U591-15 TITLE 1'0 SAID PREMISR<: IS VR<:TFD TN a.n1llOpher R. LubIlOW, Single Man by Deed from Jlllie E. Wood-Rojohn and Jeffrey S. Rojohn, wife and husband dated 3112/2002 and r",:orded 3n812OO2, in Deed Book 250, Page 4983. Premises: 591-51 Geneva Drive, Mechanicsburg, PA 17055 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEAL 111 OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N06'1-5752 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO N A Plaintiff (s) From CHRISTOPHER R. LUBNOW, 200 EAST KELLER STREET, MECHANICSBURG, PA 17655 (I) You are directed to levy upon the property oflhe defendant (s)and to seU 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 foUows: 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 Ihe account ofthe defendant (s) and from delivering any property of the defendant (s) or otherwise disposing Ihereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher Ihat he/she has been added as a garnishee and is enjoined as above stated. Amount Due $90,123.95 L.L..50 Interest FROM 4/22/05 TO SEPTEMBER 7,2005 (PER DIEM - $14.81) AND COSTS $2,643.78 Ally's Comm % Due Prothy $1.00 Ally Paid $138.40 Other Costs Plaintiff Paid Date: MAY 2, 2005 CURTIS R. LONG (Seal) Proth~ B, r""'ltl~/~- REQUESTING PARTY: Name DANIEL SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SillTE 1460 PHILADELPHIA, PA 19ta3-1814 Attorney for: PLAINTIFF Telephone: (215)563-7006 . , Supreme Court ID No. 62205 Real Estate Sale #07 On May 04, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA Known and numbered as 591-15 Geneva Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 04, 2005 By:~( ~ Real Estate Deputy ot. :l d z- ~~'y\ ~UUl lIP'" ',:"',' 'd:;~,b"ll.j \tel '}...li',i'\.i~, l":: '-;IUJO :l:lltl3\1S .::;\1 ;,0 3. ~ ~ ~ ~ ...~ ... THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonweallh of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws oflhe Commonweallh of Pennsylvania, with its principal office and place of business at812 to 818 Market Street, in Ihe City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at812to 818 Market Street, 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 Ihe printed notice or publication which is securely attached hereto is exactly as printed and published in Iheir regular daily and/or Sunday/ Metro editions which appeared on Ihe 19th and 26th day(s) of July and Ihe 2nd day(s) of August 2005. That neilher he nor said Company is interested in Ihe subject matter of said printed notice or advertising, and tliat all of the allegations of this statement as to Ihe time, place and character of publication are true; and That he has personal knowledge of Ihe facts aforesaid and is duly authorized and empowered to verity this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by Ihe stockholders and board of directors of Ihe said Company and subsequently duly recorded in Ihe office for Ihe Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE #7 NOT PUBLIC My connnission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing Ihe notice or publication allacbed hereto on the above stated dates 268.10 IIU&. 1!lITla'E...... ....117 _ k2lllM-l7l2- CIvIl~ w.u............. N.A. IIIbImtQ Wilkr.go Home ....~ il. .Inc. VII ~ R.1.ubIlcM Ally: !)enIeI $dlmleg DE$CRIP11ON AIL THAT CIlI!UIN Unit. being Unit No. 591.15 (!be "Unit"). of SooguiId m, a ~.locaiod iIIUpper,AIIeo TOWllSbip. Combedaad C<my, I'eoosyIvlllia, _ Unit ia deIigoalcd"lbe.~ofSuaguildm.A C<m4ominium.(lbe "Pec:1araIioo of C""""'"'"~") and lJe<luaIioo PIals and PIaII8 as lOCO<Iled in !be _', orm. of ComberIiIId ~ ill Mise. Book 357.Pagt 20. and;' Right ofWoyPlm Book 9, Pagt 24. as amot>IecIioMiae.lIed;362,Pagt 1I11.1IIdPlao wn......l32:lodas__in Mise: lied; ~. Pagt 993 and PIao lied; 58. Pagtgl. TOOEIIllla wife .. 1Illdi>ided 1.9061% _ia~""'''_pd:uIady ... forIIl in.!be .....,. lleoiloIIillII of c,....".~... _DOOIIatiOa I'Iila ""_. as _-..aid. TOOEI1IER wij(lbe rigIi to ... "'l'- :~~=~~....~ CoodotniDiom _ Docl8IaIioo PIals .... PIaoo " amot>IecI.' . TaxI'utdt42-2,I-6l91-1~59I-15: T(rLE TO SAIllI'lll!MlSJ!$ ia vested in CbristopIJer R.LoIJooo.. .....by Deed from JulieE. Wood-RojoIulaodJelfreyS.Rojolm.wife aod._..... 31111lfJY2 _'-W 1OO2.inDeed_l5O.....4983. Premises; S91~~)l' Geneva Drive. _~,PAl7ll55. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA 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: July IS, 22, 29, 2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SW TO AND SUBSCRIBED before me this 29 day of Julv. 2005 NOTARIA SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5. 2009 REAL ESTATE SALE NO. 7 Writ No. 2004-5752 Civil Wells Fargo Bank, N.A.. s/b/m to Wells Fargo Home Mortgage Inc. vs. Christopher R. Lubnow Atty.: Daniel Schmieg DESCRIPTION AlL THAT CERTAlN Unit. being Unit No. 591-15 (the .Unlt-j, of Sun- guild Ill, A Condominium, located in Upper Allen Township. Cumber- land County. Pennsylvania. which Unit is designated in the Dec1ara~ tion of Sunguild III, A Condominium (the "DeclaraUon of Condominium") and Declaration Plats and Plans as recorded in the Recorder's Office of Cumberland County in Misc. Book 357. Page 20, and in Right of Way Plan Book 9, Page 24, as amended in MIsc. Book 362. Page Illl, and Plan Book 57. Page 132 and as fur- ther amended in Misc. Book 365. Page 993 and. Plan Book 58, Page 8l. TOGETHER with an undivided 1.90610/l) interest in Common Ele~ ments as more particularly set forth in the aforesaid Declaration of Con~ dominium and Declaration Plats and Plans, as amended aforesaid. TOGETHER with the right to use any limited common elements ap+ plicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans, as amended. Tax Parel #42-24-0791-163-U591- 15. TITLE TO SAID PREMISES IS VESTED IN Christopher R. Lubnow. Single Man by Deed from Julie E. Wood+Rojohn and Jeffrey S. Rojohn, wife and husband dated 3/ 12/2002 and recorded 3/28/2002, in Deed Book 250. Page 4983. Premises 591 +51 Geneva Drive, Mechanicsburg, PA 17055.