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HomeMy WebLinkAbout05-0007 PHELAN HALLINAN & SCHMIEG, LLP 'LAWRENCE T. PHELAN, ESQ" Id, No, 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff v. NO. of; - 7 C!l'UlL~8R.h1 CUMBERLAND COUNTY JAMES DALE MADER NKJ A JAMES MADER 109 ALLEN COURT CAMP HILL, P A 17011 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 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 File#: 101430 File #: 101430 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 V ALIDITY 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 OBT AIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE V ALID. 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 THAT 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 ATTEMPT 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, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: JAMES DALE MADER AJK/ A JAMES MADER 109 ALLEN COURT CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/24/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to QUICKEN LOANS, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1845, Page: 4781. By Assignment of Mortgage recorded 2/17/04 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 706, Page 1017. 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 04/01/2004 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 #: 101430 6. The following amounts are due on the mortgage: Principal Balance Interest 03/0112004 through 12/3012004 (Per Diem $9.98) Attorney's Fees Cumulative Late Charges 10/24/2003 to 12/30/2004 Cost of Suit and Title Search Subtotal $56,015.69 3,043.90 1,250.00 0.00 $ 550.00 $ 60,859,59 Escrow Credit Deficit Subtotal 0.00 0.00 $ 0.00 TOTAL $ 60,859.59 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. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, 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, and the temporary stay as provided by said notice has terminated because Defendant(s) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 60,859.59, together with interest from 12/30/2004 at the rate of$9.98 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. PHELA~LINAN. & SCHMIE~,.LL~LP / / ~~/~. By: IslFrancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 101430 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel ofland situate in the Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey of Garrit Botz, dated July 27, 1972, as follows, to wit: BEGINNING at a point on the Northerly line of Allen Court said point located 154.37 feet measured eastwardly along said line from the northeast corner of Allen Court and Limestone drive; thence North 30 degrees West along the easterly line of Lot No. 13 on the hereinafter mentioned Plan, 120.71 feet to a point; thence North 32 degrees 23 minutes East along Lot No. 12 on said line, 25 feet to a point; thence South 68 degrees East along lands formerly of A. M. Hess, 152 feet to a point; thence South 33 degrees 7 minutes 48 seconds West 81.67 feet to Allen Court; thence along Allen Court by an arc curving to the left having a radius of 45 feet, an arc distance of 52.88 feet to the point of BEGINNING. Being No. 109 Allen Court File#: 101430 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsifications to authorities. ~~~ Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: \ 2~ YJ -DC( 1 (:J *=> i ~ r--.:l 0 B 0 = (..-;) -1 <;; c.M :t! .~:..-.... <..- -, "'T} -:J i ~ rip- ~ ~~.. : ~ ' -,. -o1"'I"l ""'- tv . I -tJ6 --- 2~ ~ .' ~ W C~ ~ ...,{) , :r.::n -{) \)' ~ r..:., i~, !-:: 0-." "'~...- ~O ~ ~ "'~. { . -- ,:em {:..::.; S? !....) ,~ ~ -~ S S:1 ~ -< -< Ol ~ SHERIFF'S RETURN - REGULAR CASE NO: 2005-00007 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS MADER JAMES DALE AKA JAMES MAD RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MADER JAMES DALE AKA JAMES MADER the DEFENDANT at 1440:00 HOURS, on the 24th day of January 2005 at 109 ALLEN COURT CAMP HILL, PA 17011 by handing to JAMES MADER 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 22.20 .00 10.00 .00 50.20 r~~.~.~ R. Thomas Kline 01/25/2005 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before By: <; h ----,.' / ~~-i:../k-/ Deputy Sheriff me this j.u<. day of j~ .L .. A. ,;2 tJj) II A . D . /" ] ~ Q. ~A PI,. j /iifii .. rothonotary PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG, ESQUIRE IDENTIFICATION NO. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO BANK, NA, SIB/M TO WELLS FARGO HOME MORTGAGE, INC. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 05-7 CIVILTERM vs. JAMES DALE MADER, AlK!A JAMES MADER MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Frank Federman, Esquire, moves this Honor~ble Court for an I Order directing service of the Notice of Sale upon the above captioned Defepdant by certified mail and regular mail to Defendant's last known address. ! 1. Attempts to serve Defendant with Notice of Sale have been unsuc~essful, as indicated by the Affidavit of Service attached hereto as Exhibit" A." 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiffha~ made a good faith effort to locate the Defendant. An Affidavit of Good Faith Investigation setdng forth the specific inquiries made and the result there from is attached hereto as Exhibit "B." WHEREFORE, Plaintiff respectfully requests this Honorable Court ,enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service ofth~ Notice of Sale by certified mail and regular mail to Defendant's last known address. PHELAN HALLINAN & SCHMIEG By DANIEL G. SCHMIEG, ESQUIRE IDENTIFICATION NO. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION CUMBERLAND COUNTY No.: 05-7 CNILTERM vs. JAMES DALE MADER, AIKIA JAMES MADER MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintifdnay move the Court for a special order directing the method of service. The Motion shall be acc~mpanied by an Affidavit stating the nature and extent of the investigation which has been nlade to determine the whereabouts of the Defendant and the reasons why service cannot be made. Note: A Sheriff's return of "Not Found" or the fact that a Defendant as moved without leaving a new forwarding address is insufficient evidence of concealment. onzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mail d to last known address requires a good faith effort to discover the correct address." Ado tio of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal I authorities including inquiries pursuant to the Freedom ofInformation Act, ~9 C.F.R. Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant ~d (3) examinations of local telephone directories, voter registration records, local tax records, ~d motor vehicle records. i , , , As indicated by the attached Affidavit of Service, marked hereto as Efhibit "A", the Sheriff has been unable to serve the Notice of Sale. A good faith effort to di$cover the , whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Good Faith Investigation, marked Exhibit "E." WHEREFORE, Plaintiff respectfully requests service of the Notice of Sale by certified mail and regular mail to Defendant's last known address. Respectfully submitted; D IELG. S ATTORNEY FOR PL AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO BANK, N.A., SIB/M TO WELLS FARGO HOME MORTGAGE, INC. CUMBERLAND COUNTY P.lT No. 05-7 CIVILTERM ACCT. #1190002892 DEFENDANT(S) JAMES DALE MADER, AfKJA JAMES MADER Type of Action - Notice of Sheri(f's Sale SERVE JAMES DALE MADER, AfKJA JAMES MADER Sale Date: JUNEIS, 2005 AT 109 ALLEN COURT CAMP HILL, PA 17011 EXHI8rr A SERVED Served and made known to , Defendant, on the ~ay of ,200~ at , 0' clock _,m., at , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member witb whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age_ Height_ Weight_ Race Sex Other I, . a competent adult, being duly sworn according to law, depose and state 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 capt~oned case on the date and at the address indicated above. Sworn to and subscribed before me this _ day of ,200_. ~~ ~ ' PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SE~VICE A TIEMPTED. Jl" NOT SERVED I On the ~_ day of #J,@f-[ \" . 2oo:2:t C;;: 'fOo'clock f.rn., Defendant NOT FOurD because: Moved Unknown No Answer 4 Vacant I" Attempt: I I Time: zad Attempt: / / iTime: 3rd Attempt: / / Time: Sworn to and subscribed before me tbis 4 i1aay of iM!HI. rIA , 200 -? Notary: 'I' .' "'/,J ,.--UV-;:A..):.cL- ~-~,./LX,,;' Attornev for Plaintiff J Daniel G. Sehmieg, Esquire - I,D. No. 62205 By: (Jk211(i;t-- ./ NOTARIAl.. SEAL LUCILlE H, CARTY, Nottry Pub/Ic ~ T'::'Jint':;p, FllIllldin Countv My CommlSsic!l Exp:'ea Holt 10,lJ'JJ1 . SKN Data Research 1nc, AFFIDAVIT OF GOOD F AITH INVESTIGATION File Number: 4-14206PA Attorney Firm: Federman & Phelan Subject: James Mader E>>tBTB Current Address: 109 Allen Ct. Camp Hill, P A 17011 Property Address: 109 Allen Ct. Camp Hill, PA 17011 Mailing Address: 109 Allen Ct. Camp Hill, PA 17011 , I Scott Nulty, being duly sworn according to law, do hereby depose and s~ate as follows, I have conducted an investigation into the whereabouts of the above-noted!individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct James Mader - 202-60-3897 B. EMPLOYMENT SEARCH James Mader - A review of the credit reporting agencies providedino employment information. C. INQUIRY OF CREDITORS Onr inqniry of creditors indicated that James Mader reside(s) at: ~09 Allen Ct. Camp Hill, PA 17011 II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH On 10/27/04 our office contacted directory assistance which indic~ted that James Mader reside(s) at: 109 Allen Ct. Camp Hill, PA 17011. Our offic made a telephone call to the mortgagors phone number and received the llowing information: 717-975-3857 10/20 5:05p 10/25 9:01a, 7:06p answering machine, III. INQUIRY OF NEIGHBORS . Our office attempted to contact J. Paul 115 Allen Ct. 10/25 spoke ~o neighbor, they were not able to verify that James Mader reside(s) at: 109 Allen C~. Camp Hill, P A 17011 IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 10/27/04 we reviewed the National Address database and fou~ the following information, James Mader - 109 Allen Ct. Camp Hill, PA 17011 B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the P A Department of Motor Vehicles, we were unable to obta~n address information on James Mader. . VI. OTHER INQUIRIES A. DEATH RECORDS As of 10/27/04 Vital Records and all public databases have uo death record on file for James Mader. '. B. COUNTY VOTER REGISTRATION The Cumberland County Voter registration was unable to confirm a registration for James Mader residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH James Mader -YOB 1969 B. A.KA none * All accessible public databases have been checked and cross-re*erenced for the above named individual(s). * Please be advised all database information indicates the subject! resides at the current address. The undersigned understands that this statement herein is made subje~t to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. I hereby verify that the statements made herein are true and correct to] the best of my knowledge, information and belief and that this affidavit of investigation is m~de subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorit1es. AFFIANT cO K. Nulty SKN Data R arch Inc. President Sworn to and subscribed before me this .-;; 7~ dayof O~i 2004 Notarial Seal I Margaret E. Nulty, Notary Pudllc East Go~h~n T wp., Chester CoLnty My CommissIon Expires Dec, 19, 'a)(J5 Member. Pennsylvania Asscx;jation Of Notarief ~4u-12~ N AR UBLIC The above infonnation is obtained from available public records and we are only liable for the cost of the affidavit VERIFICATION FRANK FEDERMAN, ESQUIRE, hereby states that he is the Att<ilrney for the Plaintiff in this action, that he is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE OF THE NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his kno~ledge, information and belief. The undersigned understands that this statement herein is made subjqct to the penalties of 18 Pa, C,S. Sec. 4904 relating to unsworn falsification to authorities, PHELAN HALLINAN & SCHMIEG By: DANIEL G. SCHMIEG, ESQUIRE IDENTIFICATION NO, 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 COURT OF COMMON PLEAS (215) 563-7000 CNIL DNISION WELLS FARGO BANK, N.A., S/B/M TO CUMBERLAND COUNty WELLS FARGO HOME MORTGAGE, INC. No.: 05-7 CIVILTERM vs. JAMES DALE MADER, AIKIA JAMES MADER CERTIFICATION OF SERVICE I, DANIEL G. SCHMIEG, ESQUIRE, hereby certify that a copy of the Motion for , Service Pursuant to Special Order of Court has been sent to the individuals i~dicated below on April 7. 2005. JAMES DALE MADER, AIKIA JAMES MADER 109 ALLEN COURT CAMP HILL, P A 17011 Date: April 7, 2005 -, r--, r.:::::::l f..::;' C.rl ):.... -':J ::;-:.J o -n ..... " l-1i;Q -01-.1 .., ~--1 I~~ ~r .:~,C) ';::;'.:"1 J:(~ ;'i!:.r1 -. :.'> JJ .< I co :;; -.-.... r....) Ul W ('HE LAN 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" SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A" S/B/M TO WELLS FARGO HOME MORTGAGE, INC, 3476 ST A TEVIEW BOULEVARD FORT MILL, PA 29715 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-7 CIVILTERM JAMES DALE MADER, A/KJA JAMES MADER 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 JAMES DALE MADER. A!KJA JAMES MADER, 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 Interest from 12/31/04 to 3/7/05 TOTAL $60,859.59 $ 668.66 $61,528.25 I hereby certify that (I) the addresses of the Plaintiff and Defendant( s) are as shown above, and (2) that notice has been given in accordance with Rule 237,1, copy attached. DANIEL G. SCHMIEG, ES Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: (Yh}/2rL ~ ;).D6J I . - PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (21)) )61-7000 ATTORNEY FOR PLAINTIFF FILE COpy WELLS FARGO BANK, N.A., SIBIM TO WELLS : COURT OF COMMON PLEAS FARGO HOME MORTGAGE, INe. Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY JAMES DALE MADER NKJA JAMES MADER Defendants : NO. 05-7 CIVIL TERM TO: JAMES DALE MADER AlKfA JAMES MADER 109 ALLEN COURT CAMP HILL, PA 17011 DATE OF NOTICE: FFRRITARY IS. 200S THIS FIRM [S A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECl' THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE [F VOl! ![,Y\lE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDb'. , , > 'I" I /\"11) SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLy AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN I'A YJ) HH 1M lilE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEAR!NG AND YUU MA Y LOSE YOUR PROPERTY OR OTHER IMPORT ANT 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 PROVrDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE VOU WITH INFORMATION ABOUT AGENCIES THAT MA Y OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE CUMBERLANDCOUNfY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 <g~~,~/4~ FRANCIS S. HALLINAN, ESQUlRE Attorneys for PlaintilT p ~ cPrtg ~ t -c- -0 ~-~?--- \'\ ~ --i) ~bC>~ ~ --c: .--I:- ~ \ W - r:? C,,:"J oJ) - 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 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 JAMES DALE MADER, A/K/A JAMES MADER NO. 05-7 CIVILTERM Defendant(s). CERTIFICA nON 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: o an FHA mortgage () non-owner occupied () vacant (X) 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, L~ ANIEL G. SCHMIEG, E Attorney for Plaintiff 7 ., IRE \ ,9 ",.c~,\ - -- 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 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK, N,A., S/BIM TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-7 CIVILTERM JAMES DALE MADER, AlK/A JAMES MADER Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in 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 of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JAMES DALE MADER, AlKJAJAMES MADER is over 18 years of age and resides at, 109 ALLEN COURT, CAMP HILL, PA 17011. This statement is made subject to the penalties of 18 Pa, C.S. Section 4904 relating to unsworn falsification to authorities. D NIEL G. SCHMIEG, ES Attorney for Plaintiff C) "11 \.D f'.~; c:~ \.(,..;; ,. ~ 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. 05-7 CIVIL TERM JAMES DALE MADER, AlK1A JAMES MADER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $61,528.25 Interest from 3/7/05 to JUNE 8, 2005 (per diem -$10.11) $940.23 and Costs TOTAL $62,468.48 /')7 -: '1 '&~iEL G~~~, ~IRE 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. < ~.... o~ g~ '""~ ~z ~z ~~ ~ ~ o~ uz ~s Ou ~~ ~~ 8; ~~ ""'~ ~~ u cf\ , u o~ ""' ~ ~~ ~~ rn,", ..f~ '0 z~ ~~ ~~ ~o 0== '"'0 ~'"' ,..~ rn~ ~rn ~~ ~ .;, ... ~ ~ ~ rn ~ < ... < ~ ~ ~ ~ ~ rn ~ ... ~~ -d ~ - (l-I:::..J (} () <J ~ V) .G _v, i:1- z o E= ~ u ~~ ~~ ~~ ... ""'''" ~~ ~~ ~~ ot: ~ <:> ~~ ~ U ~ ~ - ~ \ (JOG IJJ () V, UjO-: Li) "6 () rl c-,/ f"l) -- ""':}- 'i .- i:J:: ~-j D (J a G:l - ~~ .... .... <= r-- .... < ~ ~ == ~ ~ u ~ ~ s u ~ '"" ~ a- <= .... .,; '" t </l ;,; </l '" :g < ,g ~ e </l \) [if P- i -.. 1 11 -+ '2 J ~-1i () ..j~ ~c:() - <:J t- Ct-> <:) - ::r -:jj. J 't (Y n c) - \- / . LEAGAL DESCRIPTION ALL THA T CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey of Gerrit Betz, dated July 27, 1972, as follows, to wit: BEGINNING at a point on the Nortberly Hne of Allen Court said point being located one hundred fifty- four and lhirty-scven one-hundredths (154,37) feet measured eastwardly along said line from the northeast corner of Allen Court and Limestone Drive; Ibence North thirty (30) degrees West along Ihe easterly line of Lot No. 13 on the bereinafter mentioned Plan, one hundred twenty and seventy-one one- hundredths (120.71) feel 10 a point; thence North thirty-two (32) degrees twenty-three (23) minutes East along lot No. 12 on said line, twenty-five (25) feet to a point: thence South sixty-l:ight (68) degrees East along lands funner!)' of A. M. Hess, one htuldred fifty.two (152) feet to a point; thence 5oUlb. thirty-three (33) degrees seven (7) minutes forty-eiglu (48) seconds West eighty-one and sixty-seven one- hundredths (81.67) feet to Allen Court; thence along Allen Court by an arc curving to the left baving a radius of forty-five (45) feet, an arc distance of fifty-two and eighty-eight one-hundredths (52.8S) feet to the point of beginning, BEING Lot No, 14 and part of Lot No. 15 on the Plan of Limestone Pan, duly recorded in the Cumberland COUnlY Recorder's OffICe, in Plan Book 8, Page 32. TITLE TO SAID PREMlSES IS VESTED IN James Dale Mader, a Single Man by Deed from Secretary of Housing and Urban Development dated 8/3011999 and recorded 1118/2000 in Record Book 215, Page I. TAX PARCEL # 13-24-799-132 PREMISES BEING: 109 ALLEN COURT, CAMP HILL, PA 17011 , . . WELLS FARGO BANK, N,A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC, CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v, CIVIL DIVISION JAMES DALE MADER, A1K1A JAMES MADER NO. 05-7 CIVILTERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) WELLS FARGO BANK, N.A., SIBIM 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 ,109 ALLEN COURT, CAMP HILL, PA 17011. 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAMES DALE MADER, AlK/A JAMES MADER 109 ALLEN COURT CAMP HILL, PA 17011 2. Name and address of Defendant(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) CENDANT MORTGAGE CORPORATION 3000 LEADENHALL ROAD P.O. BOX 5449 MOUNT LAUREL. NJ 08054 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 109 ALLEN COURT CAMP HILL, PA 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 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 of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 8, 2005 DATE DANIEL G, CHMIEG, ES Attorney for Plaintiff -- .....'"~. \ ",-0 () ~'n \':'~) C) ".0 - WELLS FARGO BANK, N,A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, CUMBERLAND COUNTY No, 05-7 CIVILTERM v. JAMES DALE MADER, A/KJA JAMES MADER Defendant(s). March 8, 2005 TO: JAMES DALE MADER, AlKJA JAMES MADER 109 ALLEN COURT CAMP HILL, PA 17011 "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 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 .109 ALLEN COURT. CAMP HILL, PA 17011. is scheduled to be sold at the Sheriffs Sale on JUNE 8.2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $61.528.25 obtained by WELLS FARGO BANK. N.A.. SfBlM 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 MAYBE 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 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. I. 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 (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 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 (800) 990-9108 . LEAGAL DESCRIPTION ALL TRA T CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, more panicularly bounded and described in accordance with a survey of Gerrit BeEZ, dated July 27, 1972, as tOllows, to wit: BEGINNING al a poim on the Northerly line of Allen Court said point being localed one hundred fifty- four and thirty-seven one-hundredths (I54.37) feet measured eastwardly along said line from the oortheast comer of Allen Court and Limestone Drive; thence North thirty (30) degrees West along the easterly line of Lot No. 13 on the hereinafter mentioned Plan, one hundred twenty and seventy-ooe one- hundredths (120,71) fcellO a point; thence North thiny-two (32) degrees lwenty-three (23) minutes East along Lot No. 12 on said line, twenty-five (25) feet to a point; thence South sixty-eight (68) degrees East along lands formerly of A, M. Hess, oDe hundred fifty-tWo (1:52) feet to a point; thence South thirty-three (33) degrees seven (7) minUles forty-eight (48) se;;onds West eighty-ooe and sixty-seven one- hundredths (81.67) !'eet to Allen Coun; theoce along Allen Court hy an are curving to the left having a radillS of forty-five (4:5) feet, an arc distance of fifty-two and eighty-eight one-hundredths (:52,88) feet 10 the point of beginning. BEING Lot No. 14 and part Of Lot No. 1:5 on the Plan of Lill1estone Pan, duly recorded in the Cumberland Counly Recorder's Office, in Plan Book 8, Page 32, TITLE TO SAID PREMISES IS VESTED IN James Dale Mader, a Single Man by Deed from Secretary of Housing and Urban Development dated 8/30/1999 and recorded 1/1812000 in Record Book 215, Page 1. TAX PARCEL # 13-24-799-132 PREMISES BEING: 109 ALLEN COURT, CAMP HILL, PA 17011 \ l.:::'J ....,....) f'~~ C1 ----- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-7 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., SIB/M TO WELLS FARGO HOME MORTGAGE, INC., Plaintiff (s) From JAMES DALE MADER, AlKlA JAMES MADER (1) You are directed to levy upon lbe property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach lbe 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 $61,52S,25 L.L. $.50 Interest FROM 3/7/05 TO 6/8/05 (PER DIEM - $10.11) - $940.23 AND COSTS Ally's Cornm % Due Prothy $1.00 Atty Paid $132,20 Other Costs Plaintiff Paid Date: MARCH 9, 2005 (Seal) CURTIS R. LONG Prothonotary ~ ~. ~: ~~~P. Ol./2/f Deputy REQUESTING PARTY: Name DANIEL G, 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 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-7 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N,A" SIBIM TO WELLS FARGO HOME MORTGAGE, INC., Plaintiff (s) From JAMES DALE MADER, A/K1A JAMES MADER (I) 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) 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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $61,528.25 L.L. $,50 Interest FROM 3/7/05 TO 6/8/05 (PER DIEM - $10,11) - $940,23 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $132.20 Plaintiff Paid Date: MARCH 9, 2005 Other Costs CURTIS R. LONG (Seal) prothon:a ~ ~: j1 a.-...... P . f'J?./UL r---------.. Deputy REQUESTING PARTY: Name DANIEL G, 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 y RE C EI V ED APR 112005:1 PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G, SCHMIEG, ESQUIRE IDENTIFICATION NO, 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO BANK, N.A., S/BIM TO WELLS FARGO HOME MORTGAGE, INC. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION CUMBERLAND COUNTY No.: 05-7 CIVILTERM vs. JAMES DALE MADER, AIKIA JAMES MADER ORDER AND NOW, this ~day Of~, 2005, upon consideration of Plaintiff's Motion and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Notice of Sale on the above captioned Defendant, JAMES DALE MADER, AIKIA JAMES MADER, by mailing a true and correct copy of the Notice of Sale by certified mail and regular mail to Dyfendant's last kno')'ll aMress. znl L 1 f ~ j l? .>.' t1:tL. i",.otocJr') 2i I! :>s.~ (b d:>)So 'Prt~ t~ l-t<:. ~;>k.. u Servic'e oftM aforementioned mailings IS effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit of service. BY THE COURT: J. ~~~ UR\~ .\ 0.6 0'\-\"" ,''''\ :\_) 81 .r .;;J III ~'diJ saoz :~/.Jd ;~Hl ::10 :'~:)!?~O-(Enl~l PHELAN HALLINAN & SCHMIEG BY: DANIEL G. SCHMIEG IDENTIFICATION NO, 62205 SUITE 1400 - ONE PENN CENTER PHILADELPHIA, PA 19103 215) 563-7000 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. vs. COURT OF COMMON PLEAS CNIL DNISION JAMES DALE MADER, AIKIA JAMES MADER NO. 05-7 CIVILTERM VFRTFH-:A TION I hereby certify that a true and correct copy of the Notice of Sheriffs Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to the following person JAMES DALE MADER, A/KIA JAMES MADER on 4/1 ~/O~ 109 ALLEN COURT, CAMP HILL, PA 17011, in accordance with the Order of Court dated, 4/17/O~. The undersigned understands that this statement is made subject to the penalties of 18 P A. C.S. s4904 relating to unsworn falsificaton to authorities. DATE: April 19, 2005 ___ RECEIVED APR 1120051 PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G, SCHMIEG, ESQUIRE IDENTIFICATION NO, 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 COURT OF COMMON PLEAS (215) 563-7000 CIVIL DNISION WELLS FARGO BANK, N.A., S/BIM TO CUMBERLAND COUNTY WELLS FARGO HOME MORTGAGE, INC. No.: 05-7 CNILTERM vs. JAMES DALE MADER, AIKIA JAMES MADER ORDER AND NOW, this ~ay o~, 200~, upon consideration of Plaintiff's Motion and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Notice of Sale on the above captioned Defendant, JAMES DALE MADER, AIKIA JAMES MADER, by mailing a true and correct copy of the Notice of Sale by certified maill\l1d regular mail to Defendant's last known address. CU..IcL 'o~ ~OSt'\N9r +h~ P\Oj:\eR.tY O-L \eo.st- 10 dO-Y5 \-wlor to t.he. ~\e. lJ I Sertice of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiff's attorney, who will file with the Prothonotary's Office an Affidavit of service, BY THE COURT: rd t:J((JQ,.), 1<1 71b0 3'Ull '1814"' 0"'5"' 1.240 TO: JAMES DALE MADER A1KJ A JAMES MADER 109 ALLEN COURT CAMP HILL, PA 17011 SENDER: TEAM2 SPL REFERENCE: MADER PS Form 3800 Janua 2005 RETURN Postage AECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service Receipt for Certified Mail No Insurance Coverage PrOVided 00 Not Use for International Mail ,----- (? c-' ,'~')) ---.)"', . , ...:-~" -.::) C,'i _.", -,- ---, ~, r:. -- .....::. C", - SALE DATE: JUNE 8, 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. No.: 05-7 CIVIL TERM vs. JAMES DALE MADER, A/K/A JAMES MADER AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.c.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 109 ALLEN COURT, CAMP HILL, PA 17011. As required by Pa. RC.P. 3l29.2(a) Notice of Sale has been given in the manner required by Pa. RC.P. 3l29.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No.2 (previously filed) and Amended Affidavit No, 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. April 25, 2005 CUMBERLAND COUNTY WELLS FARGO BANK, N.A., S/BIM TO WELLS FARGO HOME MORTGAGE, INC. No.: 05-7 CIVILTERM vs. JAMES DALE MADER, AlKl A JAMES MADER AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.2) Plaintiff in the above action, by its attorney, DANIEL 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 109 ALLEN COURT, CAMP HILL, PA 17011: 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) 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) PHH MORTGAGE CORPORA nON 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 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) None. 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. Sec. 4904 relating to unsworn falsification to authorities. April 25, 2005 WELLS FARGO BANK, N.A., SIBIM TO WELLS FARGO HOME MORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v, CIVIL DIVISION JAMES DALE MADER, AIKIA JAMES MADER NO. 05-7 CIVIL TERM Defendant(s). AFFIDA VIr PURSUANT TO RULE 3129 (Affidavit No. I) WELLS FARGO BANK. N.A., SIBIM 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 ,109 ALLEN COURT, CAMP HILL, P A non. I. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAMES DALE MADER, A!K/A JAMES MADER 109 ALLEN COURT CAMP HILL, PA 170Il 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 oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CENDANT MORTGAGE CORPORATION 3000 LEADENHALL ROAD P.O. BOX 5449 MOUNT LAUREL, NJ 08054 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 109 ALLEN COURT CAMP HILL, PA 17011 Domestic Relations of Cumbe..land County 13 No..th Hanove.. St..eet Ca..lisle, PA 17013 Commonwealth of Pennsylvania Department of Welfa..e PO Box 2675 Ha....isbu..g, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or infonnation and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 8. 2005 DATE DANIEL G, CHMIEG, ES Attorney for Plaintiff E _._~ ~\ ~) , .A.'~'/ ~A ;/ -- .".-; -. 0 g ~ . - . z H ~~ ~2, [ ~ - V< ~eJ '-~ .E ~':z tT1 ~~ '" g; ~ -~ t-' OJ', tT1 ~~ .. ~ ~ ",,, )> .ij 0 _ II ~ .., '" i ~ Q ~ '" ~ $: - " . ::J Ui:~it . it' g g !l: Vl ......0_ ;:; 8a.. wi\"g" H[oW u< '3 (;" g g. ~ ~...., <::> ::I _ ...........0 5'~8~'; :':abgi' ~.~.8ag tj;. s~.., g, g-"2 ~ ~,g ~l~ii - -~ ~ 0 o . ~ " <~ '!:;w ::Ie. ",VI' !il" ~'8it.t ..all> ... ~ t:tl g. ;:3 a'~.... ~. sag. g _. i:i 5" ~:I ::: g- ~jIO ::l ~ 1l ~~, r'Q'gO . ~ i1 . 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'0 a t>-\ g " '" t~ i "tl.".,.~ >",~r ~~ 0 'Ii _s ~Z .... % :a >-\ ~ ~ ..., '" eft ~ i c;~~ t-o?, ::I: - tftO~ o ~ '" ?l' :=ob :-l ~ -o'i\- "" eft <-os.. eft Ot!\ - ... 0 ~ ~~~ \ 60 ~ ~ ." ~ ~a.if> ....% ~ if> % i '" ~ ;;.. ,...' ~ ~ ... 0 00 \;; ..eft'" t<l~ Z . c ~ ~ "';'g r 0>-\ 0 ;- r ~- ~ .... ." \ ':(,:~ ~~ !D >-\ '0 ~ ... <::> "0 I'il 0 ~ ~ ~ ~ ~ ~ ~ ~ >-\ t"' t"' Z - v> i . >-\ Z ... S?t .... ~ - ~ .r' -l '-l 0 :x: z - ~ - ." ~ 0 ~ ~ v- ~ .. ... 0 \il t;l if> ~ ~ -l ;...j \ '0 ~ 'G G ~ .~ ... - -l .... 0 - - v> -l - 0 \ v- I \ I \ 4-~~I'Gs)-~ _f((r,::,.~ /I C' ': ':l ~ _____ PlTN(Y (l;OVlROS , - 02 1A $ 01.200 . . 0004300317 MAR 11 2005 MAILED FROM ZIP CODE 1 91 03 \\\\\ \\\\J\ --- (-\ ---- ~,-, 'c-"" ,'.' ,. -- - ~'~ ,.:'- c',.:.; (') ;" ,-~ -,- ':1 T-' '{ ) \i - Wells Fargo Bank, N,A. slb/m to Wells Fargo Home Mortgage, Inc. VS James Dale Mader a/kJa James Mader In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-07 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: James Dale Mader aIkIa James Mader, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description NOT FOUND as to the defendant, James Dale Mader. The house located at 109 Allen Court, Camp Hill, Pennsylvania is vacant. The Camp Hill Post Office does not have a forwarding address for the defendant, James Dale Mader. The defendant was served by the plaintiff's attorney pursuant to order of court, Affidavit of service is on file. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2005 at 10:23 o'clock A.M., he posted a true copy ofthe within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of James Dale Mader aIkIa James Mader located at 109 Allen Court, Camp Hill, Pennsylvania, according to law. 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 Law Library Prothonotary Levy Surcharge Mileage 30.00 15.36 15.00 15,00 ,50 1.00 15,00 20.00 10.36 Certified Mail Law Journal Patriot News Share of Bills 6.25 321.20 317,11 16.47 $ 783.25 Sworn and subscribed to before me ~~~ e Ii r ~<",/~ This H day of Lr' _ R. Thomas Kline, Sheriff 2005,A.D, Q<r,' a )pdf...--,,~-By,jQJAtJ(kJk Protlionotary Real ~e Deputy \.$0 <.:.h..,50J!{ ~ It, 6~.u 7 . WELLS FARGO BANK, N.A., SIBIM TO WELLS FARGO HOME MORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION JAMES DALE MADER, A/KJA JAMES MADER NO. 05-7 CIVILTERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) WELLS FARGO BANK, N.A., SIBIM 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 ,109 ALLEN COURT. CAMP HILL. PA 17011. 1. Name and address of Owner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAMES DALE MADER, AfK1A JAMES MADER 109 ALLEN COURT CAMP HILL, PA 170ll 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) CENDANT MORTGAGE CORPORATION 3000 LEADENHALL ROAD P.O. BOX 5449 MOUNT LAUREL. NJ 08054 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 109 ALLEN COURT CAMP HILL, P A 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 8. 2005 DATE DANIEL G. CHMIEG. ES Attorney for Plaintiff . WELLS FARGO BANK, N.A., S/BIM TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, CUMBERLAND COUNTY No. 05-7 CIVIL TERM v. JAMES DALE MADER, AlKlA JAMES MADER Defendant(s). March 8, 2005 TO: JAMES DALE MADER, AfKIA JAMES MADER 109 ALLEN COURT CAMP HILL, PA 17011 **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 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, 109 ALLEN COURT. CAMP HILL. PA 17011. is scheduled to be sold at the Sheriff's Sale on JUNE 8.2005 at 10:00 a,m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of$61.528.25 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 MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. 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. I. 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 if the 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 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 LA WYER 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 A VENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 LEAGAL DESCRIPTION AU. 1lIA T CERTAIN picc:e or parcel orland situate in Lower Allen Township, Cumberlwd County, Pennsylvania, more particularly bounded and described in accordance with a survey of Gerrie Bet:z. dated July 27, 1972, as follows. to wit; BEGINNING at a point on the Northerly line of Allen Court said point being located ODe hundred fifty- four and Ibitty-3eVeD oue-!umdn:d.tbs (154,37) feet measured eastwatdly along said line from the norlheast corner of Allen Court lIJId Limestone Drive; thence North thirty (30) degrees West along the easterly line of Lot No. 13 on the hen:iDafter memioned Plao. one hundred twenty and seventy-oDC one- htmdredths (120.71) feet to a point; lhence North thirty-two (32) degrees tweoty-tbree (23) II1iIluIes East alollg Lot No, 12 on said line, twenty-live (25) feet 10 a poinl; lbence South sixty.t (68) degrees East along lands fonnerJy of A. M, Hess, oDe hundred fifty-two (152) feet to a point; thence South tblrty-three (33) degrees seven (7) minutes forty-eighl (48) sewnds We$t eigbIy-one and sixty-seven one- hundredths (81.67) feet to Allen Coon; thence along Allen Court by an arc curving to the left baving a radius of forty-five (45) feet, an arc distance offifty-Iwo and eighty..eight one-hundredths (52,88) feet to the point of beginning, BEING Lot No. 14 and part of Lot No, IS 00 the Plan of Limestone Pan, duly recorded in the Cumberland County Recorder's Office, in Plan Book S, Page 32, TITLE TO SAID PREMISES IS VESTED IN Jame$ Dale Mader, a Single Man by Deed from Secretary of Housing and Urban Development dated 8/3011999 and recorded 1118f2000 in Record Book 215, Page I. TAX PARCEL # 13-24-799-132 PREMISES BEING: 109 ALLEN COURT, CAMP HILL, PA 17011 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., SIBIM TO WELLS FARGO HOME MORTGAGE, INC" Plaintiff (s) From JAMES DALE MADER, AlK/A JAMES MADER (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL NO 05-7 Civil CIVIL ACTION - LAW DESCRIPTION (2) You are also directed to attach tbe 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 otberwise disposing thereof; (3) If properly of the defendant(s) not levied upon an subject to attachment is found in tbe possession of anyone other tban a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $61,528.25 L.L. $.50 Interest FROM 3/7/05 TO 6/8/05 (pER DIEM - $10.11) - $940.23 AND COSTS Ally's Comm % Due Prothy $1.00 Ally Paid $132,20 Other Costs Plaintiff Paid Date: MARCH 9, 2005 CURTIS R. LONG (Seal) prothon~ tL-...J> ~: ~p Deputy ~a/IA.r~ REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SmTE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ill No. 62205 TRUE COpy FROM RECORD m T~limu"V WiiSf3<lf, I her!> "lito set iTl'l MOO a>'<4i ~lii ;;c"" "t s..3\d Coort at Cirj:~. Pit, _ Y~~at>,~;~~~ ,p, td.!,,:!lllt~ Real Estate Sale #45 On March 10, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 109 Allen Court, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein, Date: March 10, 2005 By: Jo rLu J rniJ:i, Real Est~te'oeputy LS :Of\1 0 I IJVH )OOl 1j;1~~~~Ujl'Ul':i'l iiLif.Jb~'t) 1 ..:10 3:J 1..:1..:1 0 ~ ~ ~ ~ . '( ~ 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 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 oftbe Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the 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 at 812 to 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 the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 26th day(s) of April and the 3rd and lOth day(s) of May 2005. That neither he 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 he has personal knowledge of tbe facts aforesaid and is duly authorized and empowered to verify tbis 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,Page317. COpy S ALE #45 ed before m. ,~ 25th day of /;,' / PUBLICATION Sworn to and sub NOT Y PUBLIC My conunission 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 the notice or publication attached hereto on the above stated dates 317.1I Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... REAL"'SE...... _.........N.A. ....~..~........ .-1Wt ...... .. ............ ,.-=.... ...... 1il!lK1_:&.. AlL 11lATCBlOON pi<<e.. poo:cI ofJaod _ iIll.owcr ADoi.............. CIImbaIaIld Coooly,~.... pIIIiaIIady.bouoded IIlddeoclihalill_wilhaSlll"'l'of GmitIleU,,,,,,,,,MyX7,Im...foIIows.1l>wit 1l!lllINNING . apoiot 00 1be NCIIbody IiDe of AIIea CoarI sodd poiDl bei1lg loc:aled ooe _fiftyfourlOdllit1l'....._ (IS4.37). .. .=. .Jljd. _... ' '. lid , '. dqpIes f.illl3ool1le ", "'~.iwaIIy . .....101 ... '\iNaty . '110: 12..sodd i . ... SooIh BiII1_l&fllliltAliJiody It A. I/. ..... ooelomdro! fifty two (152) feel1l> a pciIi: .. SooIh dliIIy .. (33) dqpIes .....(7)_I<Ilyciallll48)_w..t eialrtYooelld 1iIIy.........._ (81.67) feel 1l> AIIea Olud; l!Ieoi:e aloog AIka CoarI by an an: cuniDg 1l>1be loft IlaviDg . ndius 'of forty fivc(45)fceI,anan:<!ftaD<eoffiftytwoand eialrtY ciaIIl ....-i:dIbs (52.88) feet 1l> 1lle poiDt ofllEGlNNlNG. BE1NGLoI No. 14 ami pOnofLol No.ll 00 l1Ie Plan It U- Part.'Wly recco1ed,in 1be CIImbaIaIld Coooly -'~9ffice. in Plan BookS,Pap12. ' 1TIU! TO SAJD pmoiBca is vested in ,_ Dak Mader. a SiJIIie MaD. by Deed from Seaclary of IIooiiDg and Urban Development daltdlll3lYl999'lIldrecco1edUI8l2OOllinRecool Book215,Pap 1. . 'W(~A&(RNo.IJ.24-799-132. PIUlI8S IIING: lCI'J AIka Court. Camp Itil1.PAlllll. 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 ofthe 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: PlpriI15,22,29,2005 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 al'd character of publication are true. s - SWORN TO AND SUBSCRIBED before me this 29 day of April /' SEAl LOIS E. SNYDER. Notary Public CarIiaIe BolO. Cumberland County My Commission Expires March 5, 2009 REAL ESTATE SALE 1'10, 45 Wrtt No. 2005-07 Civil Wells Fargo Bank, N.A., s/b/m to Wells Fargo Home Mortgage. Inc. vs. James Dale Mader, a/k/a James Mader Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN piece or par- cel of land situate in Lower Allen Township, Cumberland County, Pennsylvania. more particularly bounded and described In accor. dance with a survey of Genit Betz. dated Ju]y 27. 1972, as follows, to wit: BEGINNING at a point on the Northerly line of Allen Court said point being located one hundred fifty-four and thirty. seven one-hun- dredths f154.37) feet measured eastwardly along said line from the northeast comer of Allen Court and Limestone Drive; thence North thirty {3D) degrees West along the easter- ly line of Lot No. 13 on the herein- after mentioned Plan, one hundred twenty and seventy-one one-hun- dredths (]20.71) feet to a point: thence North thirty-two (32) degrees twenty-three (23) minutes East along Lot No. 12 on said Hne, twenty- five (25) feet to a point: thence South sixty-eIght (68) degrees East along lands formerly of A. M. Hess. one hundred fifty-two (J 52) feet to a point; thence South thirty-three (33) degrees seven (7) minutes forty~ eight (48) seconds West eighty-one and sixty-seven one~hundredths (81.67) feet to Allen Court: thence along Allen Court by an arc culVing to the left having a radius of forty~ five (45} feet. an arc distance of fifty~ two and eighty-eight one-hun- dredths (52.8B) feet to the point of beginning. BEING Lot No. 14 and part of Lot No. 15 on the Plan of Limestone Part. duly recorded in the Cumber- land County Recorder's Office. in Plan Book 8. Page 32. TITLE TO SAID PREMISES IS VESTED IN James Dale Mader, a Sin- gle Man by Deed from Secretaty of Housing and Urban Development dat- ed 8/30/1999 and recorded 1/]8/ 2000 in Record Book 215. Page 1. TAX PARCEL #13-24-799-]32. PREM]SES BEING: 109 ALLEN COURT. CAMP HILL. PA 17011.