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HomeMy WebLinkAbout05-1054 PHELAN HALLINAN & SCHMIEG, LLP LA WRFNCT T PIIFLAN, rso.. Jd, No, 32227 FRANCIS S. llALLlNAN, LS()" Id. No, 62695 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., FIK/A NORWEST MORTGAGE. INC. 3476 STArLVll,W llouaVARD FORT MILL. SC 297J5 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION ITRM PlaintiiT NO. 05' - 165'{ CUMBERLAND COUN I Y e,u~Lc,~ v. JASON M, IlONNFR Sf OfD WilLOW \IJJL RO;\J) tvILClIANICSIlUIHi. PA 17()55 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON 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 Filc#: 80198 File #: 80] 98 IF TillS IS TilE FIRST NOTICE THAT YOL IIA n: 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 I!'I WRITING WITIIIN THIRTY (30) DA YS OF RECEIPT OF TIllS 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) DA YS 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 TIHRTY (30) DA Y 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-^., S/BiM TO WELLS FARGO HOME MORTGAGE, INC., F/KJA NORWEST MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: JASON M. 130NNFR S 1 OLD WILLOW MII.I ROAD MECIIANICSBURG. PA 17055 who is,,'arc the mortgagor(s) [lnd rc(}! nwncr(s) o!'lhc property hereinancrdcscrihecL 3. On 02,,25. 11)99 mortgagor(s) made. exccutn.l and ddi\en:u a mong;-'ge upon the premises hereinafter descrihed to (;ATEWA Y FUNDING DIVERSIFIED MORTGAGE SERVICES.L.P. which mortgage is recorded in the Ol1lce of the Recorder of CUMBERLAND County, in Mortgage Book No. 1522, Page: ] l04, By Assignment of Mortgage recorded 3/1/99 the mortgage was Assigned To Pl.AINTlFF which Assignment is recorded in Assignment or t\1ortgnge 130nk No. 605. P<lgc 071. 4. The premises suhject \0 said l11ortg<lgc is described as n1tachccL 5. The mortgage is in defauh because monthly pnymcnts of principal and interest upon said mortgage due 08/01 /2004 and each month thcreatier 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. FiJe#: 80198 6. The following amounts are due on the mortgage: Principal Balance Interest 07/01/2004 through 03/01/2005 (Per Diem $10.50) Attorney's Fees Cumulative Late Charges 02/25/1999 to 03/0 l/2005 Cn:-;' of Suil and Tille Search Subtotal $49,906.12 2,562.00 1,250.00 140.33 5550J)0 S 54.40~ 45 Escrow Credit Dcticit Subtol;d 000 16942 S 16942 TOTAL S 54.577.~7 7. The attorney's fees set forth above arc in conformlty with the mortgage documents and Pennsylvania law, and will be collected in the cvent of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale. reasonable attorney's fees will be chargcu. 8. Notice of Intention In Foreclose <l~ set forth in Act 6 of 1974. Nolie!..: of IIomco\\'llcr's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Noticc of Delimit 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) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have 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 $ 54,577.87, together with interest from 03/01/2005 at the rate 01'$10.50 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. PHELAN HALLINAN & SCHMIEG, UP " 'I~ By: ~::n' - LAWRENCE T, PHELAN, ESQUIRE FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 80198 TRACr NO. 1 ~~ CEKt'AIN_o('llllld.. 1ft $I...... Bpdq'l'~l'. C_ln:dai,d CO\m~ . -I .. -.. ~ lIoU1Ule4 on<l ""'-llk<I as r.u--., to wi!: ' llCODmlNG 1.1: a )MIIlt fa. .... .... of ~ ........ N;a IIHd . _ta- 0( Old W'.u...... NlIl Raid Boutll. S2 ~30 mbarzta fit lia.o of Lot,... 1; ~ 111 the point.t wm.... 'l'lII'tWa Drfwc ~ClIJ; ~ .,. lIorDt c..t,... .."......... 0113'1.90 r.e /a. ~est... '""_t4l'!I2.31 IC4t IUJIO!at; th<<t.:e';:'. 8av.:54~r ~l:ItMt:.1S&IICIJDd. 4i_ac of 60.30 foot to .. point ..t lead aow Or tonlwlY at Charta s:::::. 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WII1ow)IUI RaU, the fOIlDwfnc _ C2} _1114 cll.buu:M It) Nerlh2$ d..... 43 mlnutllll wGllt, .~ vi.'" lD .....:lIlOtIl!Ill'llll1b S2 dqrceaaO -'-- wear.,.. dIa- __ tIE!U.3feet lD .. qilR illdu1 _ *' die pGiDtot lamrr. " ,...... ellIItdDe 'WiIfI." __.... ..rasm-1'CIll41l111lWa ..WutWlll_T__..... attIM ~ __ of tot N". 14 ClIllbe h~ lIIC'lana4 PWI vi lAM: tII<mcc Ill-.lllo .tMdiuc lIoa bat.nen Lot No-. 13 1114 14"'1 _ PI.n 01 ~ ad *'*' a.. aonbW 1lll<l of..m ""11nllow~, !be Ii:rlLiWliiC tiiljji'f.1I~IiliI-"""-iIlm 1l_(1) ifertIlS'''I.__ ao...... "..at... 4loIaD..."ClH.4 IC4t to..tIoIa:; _d l2) 1JauIh lIX ..- 30 llIimItao Welt, a ~ alClO.3 Cc4t ta.. otaIm; Ultaco """'!he clivl4i:al1ino bc:twMitlM Ir<Ie. 12 11III14 _.OhI ~ ofI.ats, If<<lh 39 daaR.. WteI, .. clioItImot alI34.!! (ootID .lIbiJar ., lbo _tI.tm """ llI'Lot No. 11 OIl HId I'!*ft at' ~ta; tIl._ Ill..... the 4MdlD11iIl.e 1>.1\._ Lot lCcIa. 11111l11111. South 49""""'. 13l111n11.tu Woot, _mAr 11.:0- of 165.5 ~t. ~oofnc W_WlII,", 'l'~. tu aJlolnt.t the low ~ mclc at' dI.e Ccmodoclllinet Creek; thelu>e down e1q the loW .-.ttr lID. of h tae,e4aqulnct Crwak by U. ~ alUr.... N>d dm.u._ .... .. louth_IT clirwtiOll, .. 4_ce or ~M.15 r..t, ........ or I.... to .. point in tho cont.. or th~ brldaa M'dmeat 11m mlllltloned ..bove, th. pl_ ot 8l1:QlHNIl'tO, SAID p_ aeIMt..."...ed l.ond belnc """,p_d arwhati..~... t.ot II.... 12 md 1$ on an unraaonl<>Ci PI..... .fLab aiM.. by W. G. II~ R~d ~r. on Ioolan:b :1, 1959 IlK C. R. St4yoc, Jr- PROPERTY BEING: 81 OLD WILLOW MILL ROAD VERIFICATION Juliann Smith hereby states that he/she is VP Loan 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. ~i ~- b1l~~ Juliann Smith V ice President Loan Documentation DATE: ~~ / -'9- lrt. ~ frt - ): C> ~~~ ""l t:- ~- 0' :D -1=- X>~ ~ \L ...~ c;.'~' ~ :;:It. -L:J() ~ n.'\.\\_' ~ --'i"'";' \ ~~~itc'i) ~ ,2'.:. C) 'Y'C;. ~,,1" ~1 --'. (j '1::, ""'~:.. ~ ~ \'ne :<6\7 e,(") -:;....j.~f. -r: -0 <2<.-' k~(1""I S:\ ..,..,.. :Jr ?2 .p 8 ",. :.tt - <? SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-01054 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS BONNER JASON M R. Thomas Kline ,Sheriff or Deputy Sheriff, who bing duly sworn according to law, says, that he made a diligent sear hand inquiry for the within named DEFENDANT BONNER JASON M ut was unable to locate Him in his bailiwick. He therefore returns he COMPLAINT - MORT FORE , NOT FOUND as to the within named DEFENDANT , BONNER JASON M 81 OLD WILLOW MILL ROAD MECHANICSBURG, PA 17055 MAIL IS DELIVERED BUT IS NOT PICKED UP AT GIVEN ADDRESS. NEIGHBOR STATED THAT NO ONE IS LIVING THERE. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 7.40 5.00 10.00 .00 40.40 So answers: .--,-'>)'. .....'<.< :iiJ;~ .~' e.:~"" , R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 03/24/2005 Sworn and subscribed to efore me this IJ-fk day of Phelan Hallinan & Schmieg, L.1.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Wells Fargo Bank, N.A., SIB/M to Wells Fargo Home Mortgage, Inc., FIK/A Norwest Mortgage, Inc. COURT OF COMMON PLEAS CIVIL DIVISION vs. CUMBERLAND COUNTY Jason Bonner NO. 05-1054 Civil Term MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, L.L.P., moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant, Jason Bonner, by first class mail and certified mail to the last known address and mortgaged premises, located at 81 Old Willow Mill Road, Mechanicsburg, P A 17055, and in support thereof avers the following: 1. Attempts to serve Defendant, Jason Bonner, with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 81 Old Willow Mill Road, Mechanicsburg, PA 17055. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A" mail is delivered, but is not picked up at the mortgaged premises of 81 Old Willow Mill Road, Mechanicsburg, P A 17055. The Sheriffs Return of Service also indicates that a Neighbor advised the Sheriff that no one is living at the mortgaged premises. 2. Pursuant to Pa.R.c.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 3. Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of April 19, 2005 to bring loan current. 4. Plaintiff submits that it has made a good faith effort to locate the defendant, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service ofthe Complaint by first class mail and certified mail. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. By: Danie G. Schmieg, Es Attorney for Plaintiff Date: April 19, 2005 Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 Johr F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Wells Fargo Bank, N.A., SIB/M to Wells Fargo Home Mortgage, Inc., FIK/A Norwest Mortgage, Inc. vs. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 05-1054 Civil Term Jason Bonner MEMORANDUM OF LAW Pa. R.C.P. 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation, which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adontion of Walker, 468 Pa. 165,360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (I) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 c.F.R. Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Sheriff's Return of Service, attached hereto and marked as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.c.P. 430 directing service of the Complaint by first class mail and certified mail. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. Date: April 19,2005 SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-01054 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS BONNER JASON M 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 BONNER JASON M but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , BONNER JASON M 81 OLD WILLOW MILL ROAD MECHANICSBURG, PA 17055 MAIL IS DELIVERED BUT IS NOT PICKED UP AT GIVEN ADDRESS. NEIGHBOR STATED THAT NO ONE IS LIVING THERE. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 7.40 5.00 10.00 .00 40.40 So answers: ".." ' ,0 /C?'~ " ,..'// ~","" ," ...,.,/ <~;:::~, '~::c'~,: ,/,-, /' /'YZ .__" ~. / R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 03/24/2005 Sworn and subscribed to before me this day of A.D. Prothonotary ~/)l\\J B ~ I FORECLOSURE REVIEW SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 80198 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Jason M. Bonner Current Address: 81 Old Willow Mill Road, Mechanicsburg, PA 17055 Property Address: 81 Old Willow Mill Road, Mechanicsburg, PA 17055 Mailing Address: 81 Old Willow Mill Road, Mechanicsburg, PA 17055 I, Brendan Booth, being duly sworn according to law, do hereby depose and state 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 Jason M. Bonner -181-58-6903 B. EMPLOYMENT SEARCH Jason M. Bonner - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Jason M. Bonner residers) at: 81 Old Willow Mill Road, Mechanicsburg, PA 17055. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which indicated that Jason M. Bonner residers) at: 81 Old Willow Mill Road, Mechanicsburg, PA 17055. On 2/14/05 our office made a telephone call to the subject's phone number, (717) 791-6204 and received the following information: phone disconnected. III. INQUIRY OF NEIGHBORS Using our White Pages data base our office could not locate any neighbors within ten houses of 81 Old Willow Mill Road, Mechanicsburg, P A 17055. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 2/14/05 we reviewed the National Address database and found the following information: Jason M. Bonner- 81 Old Willow Mill Road, Mechanicsburg, PA 17055. B. ADDITIONAL ACTNE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. L I , ~ . V. DRNERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the P A Department of Motor Vehicles, we were unable to obtain address information on Jason M. Bonner. VI. OTHER INQUIRIES A. DEATH RECORDS As of 2/14/05 Vital Records and all public databases have no death record on file for Jason M. Bonner. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Jason M. Bonner residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Jason M. Bonner -1974 * All accessible public databases have been checked and cross-referenced for the above named individual(s). * Please be advised all database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I herby 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 made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unsworn falsification to authorities. ~~ AFFIANT - Brendan Booth Foreclosure Review Services, Inc. ?r~ =r. i[dv'M COM MON~!f.~~:-J):l,f?.=.~~!,,1 NSYL VANIA .- ~ ,:cr;,~,i),l;\' '"T./,l. R" MIl r: L,-.:.,t',L<j ;'j \()tdfy' PubliC Cii',,- 1;1 F;:-,i:,:1,j,;T/-U, Phil<J, County My COi/mi~S!Or1 Exp'ires December 21,2008 Sworn to and subscribed before me this 14th day of February 2005. The above information is obtained from available public records and we are only liable for the cost of the affidavit. VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. By: Vd (~1 Oanie . Schmieg, Esqttlfe J Attorney for Plaintiff ( Date: Apri119, 2005 . Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 JohnF. Kennedy Boulevard 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., FIKIA Norwest Mortgage, Inc. COURT OF COMMON PLEAS CIVIL DIVISION Vs. CUMBERLAND COUNTY Jason Bonner NO. 05-1054 Civil Term CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the foregoing Motion for Service Pursuant to Special Order of Court, Memorandum of Law, Proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. Jason Bonner at: 81 Old Willow Mill Road Mechanicsburg, P A 17055 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. By: Danie G. Schmieg, Attorney for Plaintiff Date: April 19, 2005 PHELAN HALLINAN & SCHMIEG. LLP LAWRENCE T. PHELAN, ESQ.. JD. NO. 32227 FRANCIS S. HALLINAN, ESQ" JD, NO, 62695 DANIEL G. SCHMIEG, ESQ.. JD, NO. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (2 I 5) 563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., F/KJA NORWEST MORTGAGE, INC. Plaintiff COURT OF COMMON PLEAS CNIL DNISION CUMBERLAND County vs. JASON M. BONNER No. 05-1054 CIVIL TE Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. HMIEG, LLP . HALLINA , SQUIRE LAW E T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plainti ff Date: Ami119, 2005 Ij,h. Svc Dept. File# 80198 Cl ....., r"'.:'; \-:-. C' -.------------ WELLS FARGO BANK, NA, s/b/m to WELLS FARGO HOME: MORTGAGE, INC., f/k/a NORWEST MORTGAGE, INC., : Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW iJASON BONNER, Defendant NO. 05-1054 CIVIL TERM ORDER OF COURT AND NOW, this 2nd day of May, 2005, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is ordered that said motion is granted. IT IS FURTHER ordered that Plaintiff may obtain service of the Complaint and all future pleadings on the above-captioned Defendant, Jason Bonner, by: 1. First-class mail to Jason Bonner at the last known address and the mortgaged premises located at 81 Old Willow Mill Road, Mechanicsburg, P A 17055; 2. Certified mail to Jason Bonner at the last known address and the mortgaged premises located at 81 Old Willow Mill Road, Mechanicsburg, PA 17055; and 3. By publication once in the Cumberland Law Journal and a newspaper of general circulation in Cumberland County, and by posting the property. BY THE COURT, J. ~D0 ~,D o " A!. LS:2 lid Z";\1JlISOaz Daniel G. Schmieg, Esq. Phelan, Hallinan & Schmieg, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff :rc PHELAN HALLINAN & SCHMIEG, LLP LA WRENCE 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 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INe. P1ainti ff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County vs. JASON M. BONNER No. 05.1054 CIVIL TE Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN & SCHMIEG, LLP By:f"~<:~,2 .(~JL FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: Mav 12, 2005 /mmt. Svc Dept. File# 80198 " ;-~.;: ._-~ rio, 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 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (21 S) S():)- 7000 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK, N.A., SIBIM TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Court Of Common Pleas Civil Division CUMBERLAND County vs. : No. 05-1054 CIVIL TE JASON M. BONNER AFFIDA VTT OF SERVTrE RY PTmT IrATTON TN ArrORDANrE WTTH rOTTRT ORDER I hereby certify that service ofthe Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated MAY 2, 2005 as indicated below: By publication as provided by Pa. R.c.P. Rule 430(b)(1) in THE SENTTNRTion MAY 1 R, 100S and rTTMRERT .AND T,A W TOTTRNAT. on MA Y )7, )OOS. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties ofl8 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. r~J, d~ Francis S. Hallinan, Esquire Date: June 8, 2005 Mal1in Tray Service Dept. PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Talluny Shoemaker, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): Mav 18, 2005. COpy OF NOTICE OF PUBLICATION ~ - NOTICE OF ACTION IN MORTGAGE FORECLOSURE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PEN,NSYLV ANIA CIVIL ACTION - LAW NELLS FARGO BANK, N.A., S/B/M TO NELLS FARGO HOME MORTGAGE, NC., F/K/A NORWEST MORTGAGE, INC. Vs. IASON M. BONNER COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 05-1054 NOTICE ro JASON M. BONNER: (ou are hereby notlfled that on ~2.~, Plaintiff, WELLS FARGO, N.A., S/BlM TO WELLS FARGO HOME MORTGAGE, INC., FIK/A NORWEST MORTGAGE, INC., filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of CUMBERLAND County, Pennsylvania, docketed to No. 05-1054. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 81 OLD WILLOW MILL ROAD, MECHANICSBURG, PA 17055 whereupon your property would be sold by the Sheriff of CUMBERLAND County. 'ou are hereby notified,to plead to the above referenced Complaint on or before 20 days f,om the date of this publication or a Judgement will be entered against you. NOTICE , you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgement may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. OU SHOULD T AKETHIS NOTICE 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. : YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800) 990-9108 ..- Affiant further deposes that he/ she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of 3;;::7J~'(j;Qt~ Sworn to and subscribed before me this 18th day of May, 2005. C.-ku.W.A~ Ii W~ L Notary lic My commission expires: q /, /tJf COMMONWEAL TH Of PENNSYLVANIA I Notarial Seal : Chnstina L, Wolfe, No\ary Public I Car1isle 80r0, Cumber1and County , My Commission Expires Sepl1, 2008 Member. Pennsylvania Association Of Notaries . , I PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA 5S. 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 MAY 27,2005 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. ditor RN TO AND SUBSCRIBED before me this 27 day of May, 2005 NOTARIAl SEAL LOIS E. SNYDER, Notary Public Carlisle 8oro, Cumberland County My Commission Expires March 5. 2009 o ., . # J CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law No. 05-1054 WELLS FARGO BANK, N.A, S/B/M TO WELLS FARGO HOME MORTGAGE. INC., F/K/A NORWEST MORTGAGE, INC. vs. JASON M. BONNER NOTICE TO JASON M. BONNER: You are hereby notified that on March 2, 2005. Plaintiff, WELLS FARGO BANK. N.A., S/B/M TO WELLS FARGO HOME MORT- GAGE, INC., F/K/A NORWEST MORTGAGE, INC., filed a Mortgage Foreclosure Complaint endorsed With a Notice to Defend, against you in the Court of Common Pleas of CUMBERLAND County, Pennsylva- nia, docketed to No. 05-1054. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 81 OLD WIL- LOW MILL ROAD, MECHANICS- BURG. PA 17055 whereupon your property would be sold by the Sher- iff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment Will be entered against you. NOTICE If you Wish to defend, you must enter a written appearance person- ally or by attomey and file your de- fenses or objections in writing With the court. You are warned that if you fail to do so the case may pro- ceed Without you and a judgment may be entered against you Without further notice for the relief request- ed by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OF- FICE 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 SERV- ICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTI LAWYER REFERRAL SERVICE CUMBERLAND COUNTI BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 May 27 11 ------------ ------ r-:; c~,~ '.:P <...-.. (~.i - v' q, -'--1"\ :C-, f': t1 ~ #0'0 ...";"'1 ~ 'q/;?, ::.-(~ -1"'\ -j') -;") "";:'ft, t;?; ~ ..-0 :;(.. 0' .' c.;. --------- 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., SIBIM TO WELLS FARGO HOME MORTGAGE, INC., FIKlA NORWEST MORTGAGE, INe. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County vs. JASON M. BONNER No. 05-1054 CIVIL TE Defendants PRAECIPE TO REINSTATE CIVIL ACTIONIMORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN & SCHMIEG, LLP By: f'~~2.jJL FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: June 21, 2005 Immt, Svc Dept. FiJe# 80198 0 .-.' 0 .-::-;::l C~, C:'.:l -n <:J" c_ .-, -r I'::-~ '"._ -ri rnp ,,",, __jfJ' :::;CJ v:> ~'-,~ (\) ~(i - -r". '.'.J C') -> " (,..J ~:jrn ~.._l (~...., ~S ~< WELLS FARGO BANK, NA, : slb/m to WELLS FARGO HOME: MORTGAGE, INe., f/k/a NORWEST MORTGAGE, INC., : Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JASON BONNER, Defendant NO. 05-1054 CIVIL TERM ORDER OF COURT AND NOW, this 2nd day of May, 2005, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is ordered that said motion is granted. IT IS FURTHER ordered that Plaintiff may obtain service of the Complaint and all future pleadings on the above-captioned Defendant, Jason Bonner, by: L First-class mail to Jason Bonner at the last known address and the mortgaged premises located at 8 I Old Willow Mill Road, Mechanicsburg, PA 17055; 2. Certified mail to Jason Bonner at the last known address and the mortgaged premises located at 81 Old Willow Mill Road, Mechanicsburg, PA 17055; and 3. By publication once in the Cumberland Law Journal and a newspaper of general circulation in Cumberland County, and by posting the property. BY THE COURT, J. SHERIFF'S RETURN - REGULAR CASE NO: 2005-01054 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS BONNER JASON M BRYAN WARD Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BONNER JASON M the DEFENDANT , at 1737:00 HOURS, on the 27th day of June , 2005 at 81 OLD WILLOW MILL ROAD MECHANICSBURG, PA 17055 by handing to POSTED PROPERTY AT 81 OLD WILLOW MILL RD MECHANICSBURG 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 posting Surcharge 18.00 6.66 6.00 10.00 .00 40.66 So Answers: r~~.K~ R. Thomas Kline me this 513? day of 06/28/2005 PHELAN HALLINAN SCHMIEG ~fl:'iff By: Sworn and Subscribed to before 0-1'1__ dtJO ( A.D. C 1~11' a ~v Jfit I rothonotary' 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., SIDTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., FIK/A NORWEST MORTGAGE, INC, 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 05-1054 CIVIL TERM v. JASON M. BONNER 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 JASON M. BONNER, 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 3/2/05 to 8/4105 TOTAL $54,577.87 $1,638.00 $56,215.87 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. '--- DAMAGES ARE HEREBY ASSESSED AS 1ND1CAZZ:. ~ DATE: {:)UCj II, 'd.{)tjS ~ ,~ . PRO PROTHY 4 -J PHELAN, HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No, 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq" Id. No. 62695 Daniel G. Schmieg, Esq" Id, No, 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 171 ';) ';1\1-7000 WELLS FARGO BANK, NA, S/BIM TO WELLS : COURT OF COMMON PLEAS FARGO HOME MORTGAGE, INC., FIK/A NORWEST MORTGAGE, INC. : CIVIL DIVISION Plaintiff : CUMBERLAND COUNTY Vs. : NO, 05-1054 CIVIL TERM JASON M, BONNER Defendants FlL r ""I~..y" '" VV, TO: JASON M. BONNER 81 OLD WILLOW MILL ROAD MECHANICSBURG, PA 17055 DATE OF NOTICE: .July 19 2f\O'; THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HERH', \ND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.lI,",lU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPOND!, L IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, B' i ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORT ANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APr' PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFE' OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN T!:' FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITI HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT IE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN p" "DE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO I "'[DE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO pI [, ilBLE PERSONS AT A REDUCED FEE OR NO FEE, 'RANCE :;OR .\YS ,rA CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PAl 70 I3 (800)990-9108 FRANCIS S. HALLIN,,\ Attorneys for Plaintiff 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., F/K/A NORWEST MORTGAGE, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-1054 CIVIL TERM JASON M. BONNER 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: 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. r--' ~"_._---.,.. (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., F/K/A NORWEST MORTGAGE, INC. 3476 STATEVIEW BOULEVARD CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 05-1054 CIVIL TERM v. JASON M. BONNER Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ~u 1/1 20oS. ~y: ~o/>J P7?z~ DEPUTY If you have any questions concerning this matter, please contact: ..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 CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.. 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., SUITE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A., SIB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A CUMBERLAND COUNTY NORWEST MORTGAGE, INC. COURT OF COMMON PLEAS 3476 STATEVIEW BOULEVARD CIVIL DIVISION Plaintiff, NO. 05-1054 CIVIL TERM v. JASON M. BONNER 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 JASON M. BONNER is over 18 years of age and resides at , 81 OLD WILLOW MILL ROAD, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ( G~ ~ r ~ '3 ~ \l.f \J - . B: '25 q. ~ '3\ ~:n f" E;. <,1 h G'"J -Cf ):, -0 ::. (=-~ L -'-~'. ....\ ~"1) ..", S,>i"~ .r" ::';C 12\1 t.::? }i) (,.J :< u::> \-) 1; 'It .\) - 0' 1~ 0~ +- -C.. C:. -z" ::.2, ...........--- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1054 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., F/K1A NORWEST MORTGAGE, INC., Plaintiff (s) From JASON M. BONNER (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 attaclunent 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $56,215.87 L.L. $.50 Interest FROM 8/4/05 TO 1217105 (PER DIEM - $9.24) -- $1,155.00 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $163.06 Other Costs Plaintiff Paid Date: AUGUST 11, 2005 Prothonot (Seal) By: 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 CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK, N.A., SIB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff, No. 05-1054 CIVIL TERM v. JASON M. BONNER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $56,215.87 Interest from 8/4/05 to DECEMBER 7, 2005 (per diem -$9.24) $1,155.00 and Costs TOTAL $57,370.87 Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. tTl tTl a ...... ..... <( ~ ~ ~ '6 ..... ~ 'Q ~ ~ <( . ~ ~ ~~ OV ~ ~ -d ....~V t- O) ~? ~~~ tJ ~~ i:Cl~~ ~'E if> ~ 0 0) ~(fl (fl. '" ~ ~-a .D 7.7. >-<$:. ~ ~ O~ ~~r.:i 7. O~ e ~ .... t~. 'i0~ ~&. ~ if> ~'$ 0 i:Cl 5 Ii) o~ ~'$ .;, 'i ~~ go '7 P< .. 0 V;:;> ~ ~~ 0) i:Cl0~ ..... ~ ~o o~~ a'O <;/:J V ~ ~p %O~ ...'b ;j, .., '6~ %0 ~ '&l >-< 7. V ~ ~ ~~ (fl>-<<( 1 ? ~(fl~ I'-< ~% ...~- ~ ... >-< ~;:;> ~ V ------- DESCRIPTION TRACT 1 ALL TIlA T CERT AlN l1'aet of land, situabl in Silver Spring Township, Cumberland County, Pennsylvania. tI1Ol'C particularly bounded and described lIS follows. \Q wh: BEGINNING at a point in the center of Old Willow Mill Road at line ofLoI NO. 1; thence by lhe centcr of Old Willow Mill Road, South 32 degrees 30 minutes E...1, a wSWlce of 137.90 fret to . poinlat Willow Terracc Drive (privale}; thence by same, North 85 degrees 11 minutes 15 seconds West. a distance of92.31 f",,11O a point; thence by SlIlIlC, South 61 degrees 30 minutes West,. distanee of (;0.30 feel 10 a poinl at land now orfonnerly ofCbarles Slover, Jr.; thenccby same. North 39 degrecs OQ minutes Wesl, a distancc of78.33 fcet to a point at line ofLol NO. I; thencc hy same, North 51 degrees 30 minutes East, a dislaYlC<: of 142.42 fect to the place of BEGINNING. BEING Lot No.2, Final Subdivision Plan of Everlyn M. Bowers, said plan being recorded in the Office of lhe Recordet of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 42_ page 56 BEING improved with a permanently grounded mob,le home with extensive Improvement and renovations added thereto. BElKO known and numbered as 81 Old Willow Mill Road, Mechaniesburg, PcnnsyIV1lflia UNDER AND SUBJECf to a eOVlmllJlt of "",intenance ofa wall and availability ofwaler whieh is daled August 18, 1983 and recorded in Miscellaneous Book 288. page 841. ALSO SUBJECT to a dedicated righl-<>f-way of 25 feet as shown on said Plan, restrlctlons, building sel-back lines and CQvenanlS of prior ,ecord as pertains to said p<<:miscs. TRACf 2 AU THAT CERTAIN pIece or patcel 00,00 situate in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania. more particularly bOUtldcd and described as follows. to wit BEGINNING at a point in tho fonnor center of Old Willow Mill Rood al the center of the abutment of a former bridge over and a, the low wator mark of the Conodoquinot Creek; thence along the center of said Old Willow Mill Rood, the following Iwo (2} courses and distances: (I) North 25 degrees 43 minutes West, a distance of253 fcello a nail; and (2) North 32 degrees 30 minutes West. . distance ofl L3 feet to a spike In the same al the point of intersection of said cenlerline with the northern line ofa private road known as West WillowTCIT1ICe and at the southeasl corner of LoI No. 14 on the hereinafter mentioned Plan of Lots; thence along the dividing line between Lot Nos. 13 and 14 on said Plan of Lots and along the I'lQrtbern line of said West Willow Terrace, lhe following two (2) courses and distances (I) North 87 degrees 30 minutes West,. disumce of 94.4 feet 10 a slake; and (2) South 61 degrees 30 minutes West, a dislance of (;0.3 feet to a stake; thence along the dividing line between Lots Nos. 12 and 14 on said Plan of Lots. North 39 degrees West, a dislllIlee of 134.6 feel to a slake at the southern line of Lot NO.1 J on said Plan ofUllS; thence akmgtbe dividinlllinc between Lol No. 12 and II. Sol1lh 49 degrees 13 minutes West, a distance of 165.5 feel. crossing West Willow Terrace. to a point al the low water mart of the Cooodoquinet Creek; tbcnce down along the low water line of the Conodoquinot Creek by ilS se,'enol COW-SfS an disllrnccS in a southeaswly direction, a distance of 556.15 feet. more or tess, 10 a point in the c<:nter of tho brtdge abutment fnl mentioned above, the place ofBEGIJ>,"NJNG. TITLE TO SAID PREMSIES IS VESTED IN Jason M. Bonner, single man by Deed f,om Veronica K. Volgelsong, single woman. dated 2-25-99 and =orded 3-1-99 in Deed Book 194, page 1090. Premises: 81 Old Willow Mill Road, Mechanicsburg, P A 17055 p r-- ~ ~, -- (l ~ "4 W ~ -- .:t:- V) C> () \ f' -t: () CY I ~ -t: )-v ~ - - e. :t- - - ~ CI\ l Q ,.., Q. ~ c-" c- = 0l -t:- ..!::: "'" \G -- < ~:t1 ~ V'! C) () ~ -<,..\H~ ~ \";~1 \"\ " \) -",/' "., .",\:;j ~ CI1 r 1:. \) ;~ - -'J~ \) \) \) \l "!} - ~~~ 0 \:;) \;~.c_.' \ ...", r:s:!} \ :~~~ ~ _.~O ~ -0 'i? t:;P"' :::0-\ r ~3 ~ ~ ~ ::: v:> :<:- ~ Lj,. -. ..0 - . - - .~-F - - - - - ~ WELLS FARGO BANK, N.A., S/B/M TO WELLS - FARGO HOME MORTGAGE, INC., FIKIA NORWEST MORTGAGE, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION JASON M. BONNER NO. 05-1054 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) WELLS FARGO BANK, N.A.. S/B/M TO WELLS FARGO HOME MORTGAGE. INC.. F/KfA NORWEST MORTGAGE, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,81 OLD WILLOW MILL ROAD, MECHANICSBURG, PA 17055. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JASON M. BONNER 81 OLD WILLOW MILL ROAD MECHANICSBURG, P A 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) SFJV2004-1, LLC 390 GREENWICH STREET 6TH FL NEW YORK, NY 10013 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 reasonab Iy ascertained, please indicate) Tenant/Occupant 81 OLD WILLOW MILL ROAD 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, P A 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 relatin t sworn falsification to authorities. August 4. 2005 DATE ,.---" . (') ~, c~,;(~\, .....> '8 d' ~ ,,-, Q, ~~~ - (JJ~i - ~.""\, (~<i ;6'" ~ :?; ~ -0 ::i1::' ~~.r. ~r;.:',< ; '-'J- " 'r;:~, <-:? '-" "" ...----- WELLS FARGO BANK, N.A., SfBlM TO WELLS FARGO HOME MORTGAGE, INC., F/KIA NORWEST MORTGAGE, INC. Plaintiff, CUMBERLAND COUNTY No. 05-1054 CIVIL TERM v. JASON M. BONNER Defendant(s). August 4, 2005 TO: JASON M. BONNER 81 OLD WILLOW MILL ROAD MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORM A TION 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, 81 OLD WILLOW MILL ROAD. MECHANICSBURG. PA 17055, is scheduled to be sold at the Sheriffs Sale on DECEMBER 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$56.215.87 obtained by WELLS FARGO BANK. N.A.. S/B/M TO WELLS FARGO HOME MORTGAGE. INC.. F/KJA NORWEST 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: 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 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 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 ofthe 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 ofthe 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 Sheriffs 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 DESCRIPTION TRACT I AIL TIlAT CERTAIN tract ofl,OO, situate in Si!."" Spring Townsbip. Comberland COlU1ty. l'ennsylYani", more particularly bounded and de.scribed .. follows, to wil: llEOINNlNG ala point in the cenlecofOld Willow Mill Road al lineofLnI NO. I; lheneeby lhe ccnlerofOld Willow Mill Road, Sou!b 32 dcgr= 30 minutes East, 3 distmceof 137.90 fcelloa poinl at Willow TCIf1lec Dr"'" (pr"",le); thence by same, North 85 degrees II minules 15 seconds West, a distance of92.31 ltellO' point; Ibence by same, Soulb 61 degrees 30 minutes Wesl,a distance of 60.30 fcello 3 poinl alllllld now or formerly ofChatles Slover, Jr.; thence by same, North 39 degrees 00 minutes West,. dislarn:e of78.33 feel 10 a point alline ofLoI NO. I; thence by same, North 57 degrees 30 minuIes Eaal,' distanee of 142.42 feel 10 the place of BEGINNING. BEING LOI No.2, Final Subdivision PIau of Ever\yn t<L I3owe.... S1lid plan being recorded in Ihe Office of the Recorder of Deeds in and for Cumberland County, PennsylYania, in Plan Book 42. page 56 BEING ImproVed with a permanenlly grounded mobile home with extensive improvement and renovations ndded Ihereto. BEING known and numbered as 81 Old WiUow Mill Road, Mcchanicsburg, Pennsyh...nia UNDER AND SUBJECT 10 a covenant of maintenance of a wal\ and availability of water which is dated Augusl18, 1983 and reconled in Mise<:llaneous Book 288, page 841. ALSO SUBJECT to a dedieated right-of-way of 25 feet as shown on said Man, re.<trictions, building sel-back lines and covenants of prior record.. pertains to said premises. TRACT 2 ALL TIlA T CERTAIN piece or parcel of land situate in tbe Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, more particularly hounded and described as folJowsl to wit: BEGINNING at a poinl in the fllrnlct cenler of Old Willow Mill Road at the center of the ahulment of a former bridge "vet and at Ihe low waletmark of the Conodoqui.nel Crcck; thence along the center of said Old Willow Mill Road, the following lwo (2) CQ\lttle5 and distarn:es; (I) North 25 degrees 43 minu\l:$ We;;t, a di_ of253 feet to a nail; and (2) North 32 degrees 30 minules West, a distance of21.3 feet 10 a spike in the same at the pointofilmtseellon of said centerline with the nocthem line of a ptivateroad known as West WillmvTertace and at the southeast comet of Lol No. 14 on the hereinafter mentioned Plan of lMs; thene. along the dividing Ime between Lot Nos. 13 and 14 on said Plan of Lots and along the northern line of said West Willow Terrace, the follov,'ing two (2) coones anddistanees (I) North 87 degrees 30 minutes West, a distance of94.4 feet 10 a stake; and (2) South 61 degrees 30 minutes West, a distan<< of60.3 feet 10 a stake; thence.loog the dividing line between Lois Nos. 12 and 14 on said Plan of Lots. North 39 degrees West, a distance of 134.6 feel 10 a stake al the southern line of Lot NO. 11 on said Plan of Lots; thenee along the dividing line between Lot No. 12 and I I, South 49 degrees 13 minutes West, a distance of 165.5 feel, crossing west Willow Terrace. to a poinl al Ihe low wa\Ct mati< of the COOOdoquinet Cn:ek; thence down aloog the low water line of the Cooodoquine\ C.rcck bY its several courses an distances in a southeasterly dir""tion, a distance of 556.15 feet, mOTe or less, 10 a point in the center oflbe bridge abu.tment first mentioned above, the place of BEGINNING. TITLE TO SAID PREMSlES IS VESTED IN Jason M. Bonner, single man by Deed from Veronica K. Volgelsong, single w"man. dated 2-25-99 and recorded 3-1-99 in Deed Book 194, page 1090. Premises: 81 Old Willow Mill Road, Mechanicsburg. P A 17055 \J';- \T':f 'f' G~/ -'< f~:: S; ~~~ (') c: --:,. < :? '"'" = = "-" ::r>- c: G~) o -n .... ff,~ -am -nO 06 .-..\ ..-f. ."C ., ():L -.~.a -~-m b );! ~ -0 :::s: <-? (,.) '-" PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL SCHMIEG, ESQUIRE IDENTIFICATION NO, 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILAJ)ELPlfU\,PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A., SIBIM TO CUMBERLAND COUNTY WELLS FARGO HOME MORTGAGE, INe., FIKJA NORWEST MORTGAGE, INe. No.: 05-1054 CNIL TERM ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION vs. JASON M. BONNER AFFIDAVIT I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to JASON M. BONNER on 8/22/05 at 81 OLD WILLOW MILL ROAD, MECHANICSBURG, PA 17055, in accordance with the Order of Court dated 5/02/05 I further certify that the mortgaged premises was posted by sheriff with the Notice of Sheriffs Sale on 8/17/05, and through publication in the Cumberland Law Journal on 8/26/05 and The Sentinel on 8/25/05 in accordance with the Court's Order. The undersigned understands that this statement is made subj ecl to the penalties of 18 P A C.S. s 4904 relating to unsworn falsification to authorities. ~~,QQ ~~'VVW~ DANIEL G. SC MIEG, ESQU~ Date: September 7.2005 AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO BANK, N,A" SIBIM TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. CUMBERLAND COUNTY KIOI SMC No. 05-1054 CIVIL TERM ACCT, #1114006001 DEFENDANT(S) SERVE AT 81 OLD WILLOW MILL ROAD MECHANICSBURG, P A 17055 JASON M. BONNER Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 7, 2005 *****Please Post Premises***** SERVED jl Served and made known to --:r- 0::;0 Q-.J M, ~o iJIAJ e I{.... ,Defendant on the /7 day of ,JUJU"- f ,200,g- C;; f;J;l. . i . /J I at~ ,O'clock-t=:-.m.,at81 ()/!\ff,(oL0M',(( y(ci'J 1t-"wd.1g~tC.Sk?U~ ,Commonwealth <?..-<Q. of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. -.y-- .an officer of said De1,endant(s)'s company. ~Othet: 6 --e 0 0~ <100 Description: Age_ Height_ Weight_ Race Sex Other I, cjOltqJC"- h, C~~,'j:J. ,a competent adult, being duly sworn according to law, depose and state that I personally banded a true and correct copy of the Nolice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. NOTARIAL SEAL SW,orn to and subscribed ~~~:c:. betor~~~/ ~ -t1J d9 My ; I , 10. 2lI07 of , 200'::-. ,-, /1 " Notary;~,--1JJI<.~ By: 1ff:' '. PLEASE ATTEMPT SERVICE AT LEA~ INDICATE D & TIMES OF SERVICE A1"J'EMPTED, NOT SERVED On the day of ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: / / Time: 2nd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Altornev for Plaintiff Daniel G, Schmieg, Esquire - I,D, No, 62205 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss, COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz August 26, 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. S ORN TO AND SUBSCRIBED before me this 26 day of August, 2005 I'J IAL SEAL LOIS E. SNYDER, Notary Public Cafhsle Boro, Cumberland County My Commission Expifes March 5. 2009 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania No. 05-1054 CM! Term WELLS FARGO BANK. N.A.. S/B/M TO WELLS FARGO HOME MORTGAGE, INC., F(K/A NORWEST MORTGAGE, INC. YS. JASON M. BONNER NOTICE TO: JASON M. BONNER NOTICE OF SHERlFF'S SALE OF REAL PROPER1Y ALL THAT following described lot of ground situate. lytng and being in TOWNSHtP OF SILVER SPRtNG TOWNSHIP. County of CUMBER- LAND. Commonwealth of Pennsyl- vania, bounded and limited as fol- lows, to wit: TRACT 1 ALL THAT CERTAIN tract ofland, situate in Silver Spring Township, Cumberland County. Pennsylvania, more particularly bounded and de- scribed as follows, to wit: BEGINNING at a point in the cen- ter of Old Willow M1ll Road at line of Lot No.1; thence by the center of Old Willow Mill Road, South 32 de- grees 30 minutes East. a distance of 137.90 feet to a point at Willow Terrace Drive (private); thence by same, North 85 degrees 11 minutes 15 seconds West, a distance of 92.31 feet to a point; thence by same, South 61 degrees 30 minutes West, a distance of 60.30 feet to a point at land now or formerly of Charles Stover. Jr.; thence by same. North 39 degrees 00 minutes West, a distance of 78.33 feet to a point at line of Lot No.1; thence by same, North 57 degrees 30 minutes East, a distance of 142.42 feet to the place of BEGINN1NG. BEtNG 1.01 No.2, FtnaJ Subdivi- sion Plan of Everlyn M. Bowers. said plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. in Plan Book 42, page 56. BEING improved with a perma- nently grounded mobile home with extensive improvement and renova- tions added thereto. BEING known and numbered as 81 Old Willow Mill Road. Mechanics~ burg. Pennsylvania. UNDER AND SUBJECT to a coy- enant of maintenance of a wall and availability of water which is dated August 18, 1983 and recorded in Miscellaneous Book 288. page 841. ALSO SUBJECT to a dedicated right-of-way of 25 feet as shown on said Plan. restrictions. building set- back lines and covenants of prior record as pertains to said premises. TRACT 2 ALL THAT CERTAIN piece or parcel of land situate in the Town- ship of Silver Spring. County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the former center of Old Willow Mill Road at the center of the abutment of a fanner bridge over and at the low water mark of the Conodoquinet Creek; thence along the center of said Old Willow Mill Road, the fol+ lowing two (2) courses and dis- tances: (1) North 25 degrees 43 minutes West, a distance of 253 feet to a nail; and (2) North 32 degrees 30 minutes West, a distance of 21.3 4 CUMBERLAND LAW JOURNAL feet to a spike in the same at the point of intersection of said centerline with the northern line of a private road known as West Wil- low Terrace and at the southeast comer of Lot No. 14 on the herein- after mentioned Plan of Lots: thence along the dividing line between Lot Nos. 13 and 14 on said Plan of Lots and along the northern line of said West Willow Terrace, the following two (2) courses and distances (1) North 87 degrees 30 minutes West. a distance of 94.4 feet to a stake; and (2} South 61 degrees 30 min- utes West. a distance of 60.3 feet to a stake; thence along the - divid- ing line between Lots Nos. 12 and 14 on said Plan of Lots. North 39 degrees West, a distance of 134.6 feet to a stake at the southern line of Lot No. lIon said Plan of Lots; thence along the dividing line be- tween Lot No. 12 and 11. South 49 degrees 13 minutes West, a distance of 165.5 feet, crossing West Willow Terrace, to a point at the low water mark of the Conodoquinet Creek: thence down along the low water line of the Conodoquinet Creek by its several courses an distances in a southeasterly direction, a distance of 556.15 feet, more or less, to a point in the center of the bridge abutment first mentioned above, the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Jason M. Bonner, single man by Deed from Veronica K. Volgelsong, single woman, dated 2- 25-99 and recorded 3~1-99 in Deed Book 194. page 1090. Is scheduled to be sold at the Sheriffs Sale on DECEMBER 7, 2005 at 10:00 a.m., at the CUMBER- LAND County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the Court Judgment of 8/4/05, obtained by WELLS FAR- GO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE. INC.. F/K/A NORWEST MORTGAGE. INC.. (the mortgagee). agalnst you. Prop. sit. in the City of TOWN- SHIP OF SILVER SPRING, County of CUMBERLAND, and State of Pennsylvania. Being Premises: 81 OLD WILLOW MILL ROAD, MECHANICSBURG, PA 17055. Improvements consist of residen- tial property. Sold as the property of JASON M. BONNER. TERMS OF SALE: THE HIGHEST AND BEST BID- DER SHALL BE THE BUYER. The purchaser at the sale must take ten (10%) percent down pay- ment of the bid price or of the Sheriffs cost, whichever is hIgher, at the time of the sale in the form of cash, money order or bank check. The balance must be paid within ten {IO} days of the sale or the pur~ chaser will lose the down money. DANIEL SCHMIEG, ESQUIRE Attorney for Plaintiff One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 PhJladelphia. PA 19103 (215) 563-7000 Aug. 26 5 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland 'I'anuny Shoemaker, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) . August 25, 2005 COPY OF NOTICE OF PUBLICATION NOTICE OF ACTION IN MORTGAGE FORECLOSURE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. llS-10114 CIVIL TERM WELLS FARGO BANK, N.A., SJBIM TO WELLS FARGO HOME MORTGAGE, tNC., FIKIA NORWEST MORTGAGE, INC. vs. JASON M. BONNER NOllCE TO: JASON M. BONNER, NOllCE OF SHERIFF'S BALE OF REAL PROPERTY: ALL THAT following described lot of ground situate, lying and being in TOWNSHIP OF SILVER SPRING TOWNSHIP, County of CUMBt:RLAND, Commonwealth of Pennsyivanla. bounded and limited as foltowB, to wit: . I',' ~~t~~lT CEAT AIN tract of land. situate in Silver Spring Township, Cumberland County, Pennsylvania. more particularly bounded and described 88 follows, to wit: Affiant further deposes that he/ she is not interested in the subject matter of the aforesaid notice or advertisement, and that , all allegations in the foregoing statement as to time, place and character of publication are true. BEGINNING at a point In the centerefOId WINow Mill Road at line of LatHO:1; thence by the cent.rot Old WIRow MIN Road, SOuth 32 degrees 30 minute. East, 8 dlstanctl" o 137.90 feet to a pamt at Wlltow Terraee Drtve (prtvate); thence by same, North 85 degf88811 minutes 1518COI1ds Wilt, a d.nce of 92.31 feet to a point; thence by lame, South 61 degrees 30 minutes West, a distance of 80.$0 feet to a point at land now or formerty' of Charles Stover, Jr.; thence by lame, North 39 degrees 00:;:' minutes West, a distance of 78.33 teslto s point at line of Lot NO.1; thence by Sworn to and subscribed before me this same. North 57 degr..s 30 minutes Esst, a distance of t42.42 reet to the pia.. of 01 t d fAt 2()05 BEGtNNtNG. . ~ ay 0 ugus '_' BEING Lot No.2, Final Subdivision Plan of Evelyn M.Bowers, said plan being recorded In the Offtce of the Recorder of Deeds In and for Cumberlantf COunty, Pennaylvanla, In Plan Book 42, page 56 ' ' BEING Improved with a permanently grounded mobile home with extSAalve Improvement and ren9vatlons added thereto. BEING known and numbered as 81 Old Willow Mill Road, Mechantcsburg, Pennsylvania. UND.EftANt).JnlBJECI.1o a covenant of:lll.atntenance of a W'~II find avanablllty Of water wtUch ltilfatid ALigLlstl8, 101lS and "r8eoroe6-rn MliceTraneous Bdak 288, 1'; psge841. ALSO SUBJECT to a dedicated rlght..of~way of 25 feet as shown on said P'l8n, restrictions, bulknng sel.back lines and covenants of prior record as pertain. to said\' - ~/O~ IBAl<I2 My commission expires: 7{'(1 0 ALL THAI CERTAIN piece or parcel of land stluate In the Township of SiNer Spring, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and descrfbed 88 follows, to wft: BEGINNING at a point In the former center of Old Willow Mill Road at the benter of the abutment of a former bridge over and at the low water mark of the Conodogulnet' Creek; thence along the center of eald Old Willow Mill Road, the following two (2) courses and distances: (1) North 25 degrees 43 minutes West, a distance of 253 feet to a naU; and (2) North 32 degrees 30 minutes West, a distance of 21.3 feet to a spike In the same at the point of Intersection of said centerline with the northern line of a private road known as West WHlow Terrace and at the southeast comer of Lot No. 14 on the hereinafter mentioned Plan of Lots; thence along the dividing line between Lot Nos. 13 and 14 on Mid Plan of Lots and along the northern line of said Weat Willow Terrace, the foilowtng two (2) couraes and distance (1) NQrth. 87 degrees 30 minutes West, a distance of 94.4 feet to a It&ke; and (2) South 61 degrees 30 minutes West, a distance of 60.3 feet to a stake; thence along the I dividing line between Lot Nos. 12 and 14cm said Pian of Lots. ",orth 39 degrees : West, a distance of 134.6 feet to a stake at the lOuthem line of t:Gl'No....' 100 said I Plan of Lots: thence alongth. dividing line between Lot Nos. 12 and 11~SOuth 49 I degrees 13 minutes West, a distance of 165.5 feet, crossing West Wtllow Terrace, : to a point at the low water mark oHhe Conodogulnet Creek; ~nme d&wn along.. the I low water line of the Conodogulnet Creek by Its several courses an distances In a I southeasterly direction, a distance of 556.15 feet, more or less, to a point in the I center of the bridge abutment first mentioned above, the place of BEGINNING. DILE.m.SAU2PREMISER1S~.lttJason M. Bonner, slngleman,by Deed from Veronica K. Vogelsong, single woman, dated 2125/99 and recorded 3/1199 In Deed Book 194, page 1090. " J <I C'-A )Jf1'iJAa" X. () lXM. Notary Pubnt COMMONWEALTH OF PENNSYLVANIA Notarial Seal Christina L Wolfe. Notary Public Ca~isIe Born. CUmbeltand County My Commission Expires Sepl1, 2008 Member. Pennsylvania Association Of Notaries o ,-' '" t.::.l C:::J {:..n (- ",) I'V Z'"',.. C} )-:"" f',o SALE DATE: DECEMBER 7, 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LA W WELLS FARGO BANK, N,A., SIB/M TO WELLS FARGO HOME MORTGAGE, INC., FIKlA NORWEST MORTGAGE, INC. No,: 05-1054 CIVIL TERM VS, JASON M, BONNER 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: 81 OLD WILLOW MILL ROAD, MECHANICSBURG, PA 17055. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the 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. Qt~ DANIEL SCHMIEJi,--ESQUI Attorney for Plaiiitrr- November 3, 2005 CUMBERLAND COUNTY WELLS FARGO BANK, N,A., SIB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K1A NORWEST MORTGAGE, INC. No.: 05-1054 CIVIL TERM VS. JASON M. BONNER 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 81 OLD WILLOW MILL ROAD, MECHANICSBURG, P A 17055: 3. Name and last known address of every judgment creditor whose judgmenl is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) GREAT SENECA FINANCIAL CORP CIO PNC BANK 6560 CARLISLE PIKE MECHANICSBURG, P A 17055 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) 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. ()., DANI SCHMIEG, E UIRE Attorney fo~' .... November 3, 2005 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., FIK/A NORWEST MORTGAGE, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v, CIVIL DIVISION JASON M, BONNER NO, 05-1054 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) WELLS FARGO BANK. N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., FfKJA NORWEST 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 ,81 OLD WILLOW MILL ROAD. MECHANICSBURG, PA 17055. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JASON M. BONNER 81 OLD WILLOW MILL ROAD 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) SFJV2004-1, LLC 390 GREENWICH STREET 6TH FL NEW YORK, NY 10013 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 indicale) 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 indicale) 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 81 OLD WILLOW MILL ROAD MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 Nortb Hanover Street Carlisle, P A 17013 Commonwealtb 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 penallies of18 Pa. C.S. Sec. 4904 relatin t sworn falsification to authorities. August 4, 2005 DATE ~ ",.... ~'~ - lJ,~ lJ\ \;"%- s.. ~s, 'fI R . ","" ~ 0 oE. '<'7. o 0 ;g. 'g; ~i fia ",,,, n '1i~ ~.:' 'i1 'Z ~ 9- ~ :5'. ~ .... ... .... '--" .... 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';':h .---< .?i1 (J ~q n C) :'. l , ,'\~-, _..,,> _.'OJ,- ,"-i~~ " -'::: ";:) ~4 r:--? '.......' i'.) ---~-- , Wells Fargo Bank, slb/m to Wells Fargo Home Mortgage, Inc. f/kIa Norwest Mortgage, Inc, VS Jason M. Bonner The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-1054 Civil Term David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on Sept. 27, 2005 at 9:20 o'clock AM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Jason M, Bonner, by posting the premises located at 81 Old Willow Mill Road, Mechanicsburg, Cumberland County, Pennsylvania, pursuant to the order of court, by law. R. Thomas Kline, Sheriff, who being dilly sworn according to law, states that he served the above Real Estate Writ, Notice of Sheriffs Sale and Description in the following manner: The Sheriff mailed by certified mail, return receipt requested, restricted delivery, deliver to addressee only, a true and correct copy of the within action to the within named defendant, to wit: Jason M. Bonner, at his last known address of 81 Old Willow Mill Road, Mechanicsburg, PA 17055. This letter was mailed on September 8,2005, The letter was received by Jason Bonner on September 14, 2005. The return receipt card was signed by Linda (last name illegible), and returned to the Sheriffs Office. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 10,2005 at 3:20 o'clock P.M" he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jason M, Bonner located at 81 Old Willow Mill Rd" Mechanicsburg, Pennsylvania, according to law, R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice ofthe pendency of the action to the within named defendant, to wit: Jason M. Bonner, by regular mail to his last known address of 81 Old Willow Mill Rd., Mechanicsburg, P A 17055, This letter was mailed under the date of October 06, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being dilly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriffs Costs: Docketing 30,00 Poundage 31.44 Posting Handbills 30.00 Advertising 30.00 Law Library ,50 Prothonotary 1.00 Mileage 18.40 Certified Mail 7.91 Levy 30,00 Surcharge Postage Postpone Sale Law Journal Patriot News Share of Bills 30.00 .74 20,00 773,00 573.59 20.89 $1,603.47 Sworn and subscribed to before me So AnSW~ ~ ;'J ~~"" R. Thomas Kline, Sheriff BY~~t& Real Estate ergeant Th;,}L day of ~ 2006, A.D.~ Prothono l.~ Uvr> 3 a~ ~ 17.5'11J \ '" ' WELLS FARGO BANK, N.A., S/BIM TO WELLS FARGO HOME MORTGAGE, INC., FOOA NORWEST MORTGAGE, INC, CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v, CIVIL DIVISION JASON M, BONNER NO. 05-1054 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) WELLS FARGO BANK. N.A., SIBIM TO WELLS FARGO HOME MORTGAGE, INC., FOOA NORWEST 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 ,81 OLD WILLOW MILL ROAD, MECHANICSBURG, PA 17055. . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JASON M. BONNER 81 OLD WILLOW MILL ROAD 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 oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SFJV2004-1, LLC 390 GREENWICH STREET 6TH FL NEW YORK, NY 10013 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 81 OLD WILLOW MILL ROAD MECHANICSBURG, 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, 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/8 Pa. C.S, Sec. 4904 relatin t sworn falsification to authorities. J August 4. 2005 DATE , t WELLS FARGO BANK, N.A" SIB/M TO WELLS FARGO HOME MORTGAGE, INC., FfKJA NORWEST MORTGAGE, INC, Plaintiff, CUMBERLAND COUNTY No. 05-1054 CIVIL TERM v, JASON M. BONNER Defendant(s). August 4, 2005 TO: JASON M. BONNER 81 OLD WILLOW MILL ROAD MECHANICSBURG, P A 17055 "THIS FIRM IS A DEBT COLLECTOR AITEMPTlNG TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT 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 AITEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at. 81 OLD WILLOW MILL ROAD. MECHANICSBURG. PA 17055. is scheduled to be sold at the Sheriffs Sale on DECEMBER 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$56.215.87 obtained by WELLS FARGO BANK. N.A.. S/B/M TO WELLS FARGO HOME MORTGAGE. INC.. F/K/A NORWEST 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: L 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 ifthis 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 ofthe 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 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 feoresentative of the olaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale, CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE ,. ~ TRACT 1 DESCRI1'11ON AIL TIlA T CERTAIN trael of land, situalll in Sil"e.. Spring Township, Comberland COlUlIy, Pennsylvania, more particularly bounded and described .. follows. to wit: BOOINNING ala point in the center of Old Willow Mill Road a\ line of Lot NO. I; thence by tbe cenler of Old Willow Mill Road, Soutb 32 degr= 30 minulcs Eas4, a dislance of 137.90 feet 10 a poinlal Willow Terrace Drive (priwte); thence by S8II1e, Nonll85 degrees II minutes 15 seconds West, a distance of92.3Ittel to a point;!hence by same, South 61 degrees 30 minutes West, a distance of 60.30 feel to a poinl at la.nd now or formerly of Charles Slover, Jr.; thenee by same, North 39 degrees 00 minutes West, a distance of78.33 feet 10 a point stlinc of Lot NO, I; thence by same, Nonll 57 degrees 30 minutcll East, a distance of 142.42 feet 10 the place of BEGINNING. BEING Lot No.2, Final Subdivision Plan of Everlyn M. Bowers, said plan being recorded in the Office of the Recorder of Deeds in and for Cumberland COWlty, Pennsylvania, in Plan Book 42, p~56 BEING improved with a pcnnrmontly grounded mobile home with ex!ensi\'e improvement and renovalions added tbcteto. BEING known and numbered as 81 Old Willow Mill Road, Mcehanic:sbut-& PcnosyIvania UNDER AND SUBmCT 10 a roverumt of maintenance of a wall and availability of water which is dated August 18, 1983 and reconled in Miscellaneous Book 288, page 841. ALSO SUBJECT to a dedicated rlgbl.of-way of 25 feet as shown 011 said I'lan, reslrictioos, building set-back lines and covenants of prior record as pertaill$to said premi.... TRACT 2 ALL TIlAT CERTAlNpiece orplltCCi of land silullle in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, 10 wit: BEGINNING at a point in the IiJnna- cent... of Old Willow Mill Road at the ae:nter of the abutment of a furmer bridge over and at the low ...alet matk of the Conodoquincl Creek:; thence along the center of said Old Willow Mill Rond, the following two (2) eourseo and di_, (I) North 25 degrees 43 minutes West, a diataDcc 0(253 feet to a mn.; and (2) North 32 degrees 30 minutes West, a ~ce of 21.3 feet to a spilre in the same at the point of inlasecoro of said eenlerlinc with the nortbern line ofa private road Icnownas West WllIowTemu:e and at the southeast comet o(Lot No. 1400 the bereiDafter mentioned Plan of Lots; tbenee al""tlthe dividing line between Lot Nos. 13 and 14 on said Plan of Lots and along the I>Orthem line of Aid West Willow Terrace, the fullowing two (2) courses and distances (I) North 87 cIegrecs 30 minutes West, a distance 0(94.4 feet to a slake; and (2) South 61 degrees 30 minutes West, a distance of60.3 feet 10 a slake; lhenceal""tlthe dividing line hel..-een Lots Nos. 12 and 1400 said Plan of Lots, Nordt 39 ~_ West, a distance of 134.6 feet to a slake at the southem line of LOI NO. I I on said Plan of Lots; Ihcnce along the dividing line bc:\ween Lot No, 12 and II, South 49 ~ees 13 minutes West, .. distance ofl65.S feet, crossing West Willow Ten-aae, lo a point at the low water mark of the COlIOdoquinel Creek; lbenoe doWtl along the low water line of the C"nodoquinet Creek by its se'o'CtO-l eourses an distances in a sOUlh<<lsterly dimrtion, a distan<:e of 556.15 teet. more or less, 10 a poinl in the center of the bridge abutment fust mentioned above, the plaee of BEGINNING, TInE TO SAID pRBMSms IS VESTIID IN Jason M. Bonner, single man by Deed from Veroniea IC.. V olgelsong, single woman, dated 2-25-99 and recorded 3-1-99 in Deed Book 194, page 1090. Premises: 81 Old Willow Mill Road, Mechanicsburg, PA 17055 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTIl OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1054 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., F/KJA NORWEST MORTGAGE, INC" Plaintiff (s) From JASON M, BONNER (I) You are directed lo 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 hirn/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $56,215,87 L.L. $,50 Interest FROM 8/4/05 TO 12/7/05 (PER DIEM - $9.24) - $1,155,00 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $163.06 Other Costs Plaintiff Paid Date: AUGUST 11, 2005 (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name DANIEL G, SCHMIEG, ESQillRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F, KENNEDY BOULEVARD, SUITE 1400 PffiLADELPffiA, PA 19103-1814 Attorney fot: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 ZOOS AUG 11 P 3: 2 b . 3; (fi) IMl OFFICE Or Tf!i: SHERIFF ()!,'<pr:.""l{\f' ~ j" :,'n,II',JTV Dr. "" ',!.; I~ Real Estate Sale #03 On August 31,2005 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, P A Known and numbered as 81 Old Willow Mill Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein, Date: August 31, 2005 ByJo" ..2.-;:.J..j.J Real Est~~ ;, '" 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 ofthe 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 smce; 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 in the 2S'h day(s) of October and the 1" and 8'h day(s) of November 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 the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY Sworn to and sub e this 23rd da of November 2005 A,D, NOTARIAL SEAL Terry L. Russell, Notary Public ory of Harrisburg, Dauphin County My Commission Expires June 6, 2006 M.mber, p.nnlYIV A...clallon of Nolarl" 'l~PUB~ My commission expires June 6, 2006 . CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTIlOUSE CARLISLE, PA. 17013 - PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No, 587, approved May 16,1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ; October 14,21,28,2005 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. S TO AND SUBSCRIBED before me this 28 day of October. 2005 NOTARiAl EAL LOIS E. SNYDER, Notary Public C J' lisle Boro, Cumberland County Mv Commission Expires March 5. 2009 IlUL BIlTATE IIAI.& JIKl. 8 Wt11 No. 2005-1054 Civtl Wells Fargo Bank, N.A., S/B/M 10 Wells Fargo Home Mortgage, Inc.. F IKI A Norwest Mortgage, Inc. vs. Jason M. Bonner Alty.: Daniel Schmieg DESCRIPTION TRACT I ALL THAT CERTAIN tract of/and, .sltuate in SUver Spring Township. Cumberland County, Pennsylvanta, more particularly bounded and de- scribed as follows, to wit: BEGINNING at a point In the cen- ter of Old Willow MIll Road at Ilne of ' Lot NO. I: thence by the center of Old Willow MUl Road, South 32 de- grees 30 minutes East, a distance of 137.90 feet lo . point at WUlow Terrace Drive (prtvate); thence by same, North 85 degrees II minutes 15 seconds West, a distance of 92.31 feel to a point; Ihence by same, South 61 degrees 30 minutes West. a distance of 60.30 feel to a point at land now or formerly of Charles Stover, Jr.; thence by same, North 39 degrees 00 minutes West, a distance of 78.33 feet to a point at line of LoI NO. I: thence by oame. _57""80_-' . ." ~of 142.42 feet to the p.oe of 8&Q1IfIIING. BEING Lot No.2, FInal SubdM- sIon Plan of Everlyn M. Bowers. said plan being recorded In the Oftlce of the Recorder of Deeds in and for Cumberland County. pennsylwnla, In Plan Book 42, page 56. BEING Improved wtth a perma- nently grounded mobile home with extensive improvement and renova- tions added thereto. BEING known and numbered as 81 Old WUlow Mill Road, Mechanlcs- burg, pennaylwnla. UNDER AND SUBJECT to a cov- enant of malntenance of a waIl and avaUabUlty of water whtch Is dated August 18, 1983 and recorded In MIscellaneous Book 288. page 841- ALSO SUBJECT 10 a dedicated right of way of 25 feel as shown on said Plan, restrictions, building set- back lines and covenants of prior I' record as pertains to said premises. TRACl' 2 ALL THAT CERTAIN piece or par- cel of land situate in the Tovmshlp of Sliver Sprtng, County of Cum- berland and Commonwealth of Pennsylvania. more particularly bounded and descrIbed as follows. lo wtt: BEGINNING at a polnl tn the former center of Old Willow M1ll Road at the center of the abutment of a fonner bridge over and at the low water mark of the Conodoqulnet Creek; thence along the center of said Old Willow Mill Road, the fol- lowing two (2) courses and dis- lances: (I) Norlh 25 degrees 43 minutes West. a distance of 253 feet to a na1l: and (2) North 32 degrees 30 minutes West. a distance of 21.3 feet to a spike in the same at the point of intersection of said center- line wtth the 1M 0.11 _ oC . pri- vate Toad known as "WeM WIDow Terrace and al !be -,thOMt eor- ner of Lot No, 14 on the hereinafter mentioned Plan of Lots: thence along the dtvidlng line between LoI Nos. 13 and 14 on said Plan of Lots and along the northern line of said West Willow Terrace. the followtng two (2) courses and distances {II North 87 degrees 30 minutes West, a distance of 94.4 feet to a stake: and (2) South 61 degrees 30 minutes West. a dis- tance of 60.3 feet to a stake: thence along the dtvidlng line between Lola Nos. 12 and 14 on said Plan of Lola, North 39 degrees West, a distance of 134.6 feet to a stake at the aouth- em line of Lot NO. 11 on said Plan of Lots: Ihence along the dlvtdlng Hne between Lot No. 12 and 11, South 49 degrees 13 minutes West. a distance of 165.5 feet. crossing West Willow Terrace, to a point at the low water. mark of the Con- odoqulnet Creek; thence down along the low water line of the Conodo- quinet Creek by its several courses an distances in a southeasterly di~ rection, a distance of 556.15 feet. more or less. to a point in the cen- ter of the bridge abutment nrst menUoned above. the place of BE- GINNING. TITLE TO SAID PREMISES IS VESTED IN Jason M. Bonner, single man by Deed from Veronica K. Volgelsong. single woman, dated 2- 25-99 and recorded 3- I -99 In Deed Book 194, page 1090. Premises: 81 Old Wtllow Mill Road. Mechanicsburg. PA 17055. (... PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.CP,3180-3183 WELLS FARGO BANK, N.A" S/B/M TO WELLS FARGO HOME MORTGAGE, INC., F/KfA NORWEST MORTGAGE, INC. Plaintiff, No, 05-1054 CIVIL TERM v, JASON M. BONNER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in lhe above matter: Amount Due $56,215.87 Interest from 8/4/05 to 9/3/06 (per diem -$9.24) Add'l fees TOTAL $3,677.52 and Costs $ 6243.43 $59,893.39 '-- NIEG. CHMIEG, E IRE One Pe enter 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~ ~> ~~ ~'" z~ ~~ ~ - o~ U;;J ~8 ~c:l s~ U;. ~~ ~e ~~,; _.J_.':,." ~ <- l-::; L0~;:; or,- ts~~~~ 0: '-re, r"jC,_ (w") tu w_ >- rE~ ~ .- '-"" B ~ - U O~U ... -z ~1Ol... e~~ "'~~ ~...~ . ~ ... z",,~ .;.~o ~~~ ~O\;;) ~;~ <~o ~'<z "'~< ~rn;:, ~~~ ~ < "':~~. '~j ,~:;~~ _.. of._ ~JLU -:c'Cl.- .s :5 <.:> ,;. ~ ~ ~ ~ i ~ ~ ,.., z S ... ';l U ~~ 1Ol= ~~ O~ ~a ~~ ,,~ ~~ 1Ol'; e: U i d~~~~~~ :d~~:::~:::: ~'V I I . \ \ I <J8~t'-0:Ja () ::r ..J ~ VJ <) .0. '<)O<'<)Vi~~ ~.::r-~j\t) ~ -- .:g :::: \J.< ~ o ..... ... < ~ ~ ~ rn ~ ~ i ~ ~ ~. ;;l~ ~t ~ '" o,g ...~ =e ~ \!l c:l ., ...Et oPo o ~J VA ., ~ ~ - , - - <"") <) I)- ~ ~ - J <) o . -- ~ ".. 1 ~ 1\ --r- .~ \), ~ ~ V) ~ ~ t'---, ::J:-" -- ~ ~ - ~"& ~ ;' ,.... TRACI 1 ALL 1lIA T CERTAIN tract of land, situate in Sil_ SpriDg Township, 0miJerIand County, PemsylYllllia. more particularly bounded and ~'bed OS follows, to wit; BIlOINNING at a point in the ~ofOkl Willow Mill Road aclineofLol NO. I; illencebyd1e <l<:IrtCI" of Old Willow Mill Road, Soulh 32 di::grl::ica 30 IIIinulIlo IluI; a di_ of 137.90 1M to a point at WiII_ Tmace nn",,~); theme by -. North" degrees II. minuIeIlS _ell Weal, a distance of92.31 !oct to a point; ibcooc by lllIIIIC, South 61 dcJlmls 30 miou1es W.... a cIisIance of 60.30 1M to a puiat at ImuI DOW or ~y ofCllarIcs Slovc%, Jr.; thence by lllIIIIC, North 39 desl'ees 00 minulCl Weal, a distanee of78.33 fHt to a point at line of Lot NO, I; iIIence by -. North 51 degn:cs 30 JDinuIaI But, a ~ ofl42,42 filet to the plsce of BEOlNNlNG. BEING Lot No. 2. Fioal Subdi'l'isionPllUl ofEmynM. Bowers, said p11U1 being recorded in tile OfIleeofthe~ofDccd4 in and farCumberlllndCounty, l'emJsyIwnia, in Plan Book 42, pa,Jle56 t ,~~",",-Ij~ I". 'A BElNO improved wilb a pe<manmtly p<lUIlded mobile bome with. extensive improvement and teDI)"'ltiotls addeddu:reto. BEING mown and t\Ilmbcrcd as 81 Old Willow Mill Road, M~ PcnnsyJvania UNDER AND SUBJBCr 10 a CO_I ofm.l___ ofa wall and availablUty of_ which i. dated August 18, 1983 and recorded in Mi....n.n.oua Book 28S, JlIl8C 841, ALSO SUBJECT to a dcdlcaiM riJht.of-way of 2S !oct as $boWl> Oft aid Plan, n:atrictioas, building set-baelc lines and co_ of prior record as pMlIins 10 said prelIIisc& TRACT 2 ALL 1lIAT CERTAIN piece or~1 ofland situate in d1e Township ofSiiver Spring. Co1mly of Cumberland and Common_lib of Pennsylvania, more particularly hounded and described as folloWll, to wi\: BEGINNlNG at a point in the funnar _ of Old Willow MiU Ro6d at the center ofd1e abutment of a furmer brIdae 0_ and at the low W81Ierl1lllCkof the Conodoquinot CRek; theme alMg the center of Hid Old Willow Mill Road, the followiD,g two (2) cout8CB and distances: (I) North 2S degr-ees -4] miIIuteI WetII, a di.atatlcc of253 !oct to a....1.; and (2) North 32 dqjneea 30 minnie, Weal, adialaDcc of21.3lilettoa spib in tlIe lIIme III tbepointofinunccdoll of aaid c:cnlIel'litIe with the IIllrthera line of a privatlCtoad knowlI.. Wl!IIt W'illowTcmu:e and atthe BI>IIlIE8at_ of Lot No. 1411t'1 the bcniaatlIlrmealioned Plan ofLol8; theme aIooa the dividing-line betweea Lot Not. 13 and 14 on aid PIIIl on..... and aIonl the ~ line of aaid West WilIowTerrace, thefou-mstwo (2) _allld di_ (I) North 87 dearecs30 minutes W..... diIlInce of94A r.t \0 a slake; IIIId (2) South 61 cIepees 30 mimIles West, a disl:8oce of60.3Iioettoa slake; theacealOll8!be clividinslinebe~ LoIs Nos. 12 and 14011 aaidPlan of Lots, North 39 ~ Weal, a diallmee of 134.6 feet to. alalra at the IIOUtbem line of Lot NO. II OI1aaid Plan of LoIs.; thcace a1mlg lhc dividillg line bc=lween Lot No. 12 and II. South 49 degn:es 13 miou1es Weal, . ";Illa~of IliS.5 feet, _saing Welt WilIowTcrrace, to a point at the low W8\er muk. oflbe CooodoquinoI Q-eeI(; 1heace cIo..-n aIoog the low walcr line of !be Conodoqviuet Cn:ek by Us sevenlCOl8:SC' an disl8nces in a soutl-'Y dinlctiOQ, a dia_ of 556.15 feet, more or -. to a point in the ....!lOr of \be bridjje ahu.tment fint """,tioned abcwe. the place ofBBGINNlNG, 1ITLE TO SAID PRIlMsms L~ VESTllD IN Juoa M. Boaner, aiDsIe man by Deed from Verouicatc. Volselsons. siu....-.dated2-25-99 and~ 3-1-99 in Deed Book 194, 1'"1" 1090. Premises: 81 Old Willow Mill Road, Mechanicsburg, P A 17055 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 05-1054 Civil CIVIL ACTION - LAW TO THE SHERJFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N,A" SIB/M TO WELLS FARGO HOME MORTGAGE, INe., FIK/A NORWEST MORTGAGE, INe., Plaintiff (s) From JASON M. BONNER (1) You ate directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You ate 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 gamishee(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 ate directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $56,215,87 L.L. Interest FROM 8/4/05 TO 9/3/06 (PER DIEM - $9,24) - $3,677.52 AND COSTS Arty's Comm % Due Prothy $1.00 Arty Paid $1779.03 Other Costs ADD'L FEES - $6243,43 Plaintiff Paid Date: MAY 31, 2006 (Seal) Prothonotary By: 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 ill No. 62205 PHELAN HALLINAN AND 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" F/K/A NORWEST MORTGAGE, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v, NO, 05-1054 CIVIL TERM JASON M. BONNER Defendant(s), CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for Ihe 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 falsificalion to authorities. ....-, ~ = c:::';) c;~.... - ::::l .". 7-'" fh~ -" -:!1,rn. c.,.) }? - '~ {~,! " -'0 :'~~ ;~~~ r-'-'. :> ,~.~ - /,;f"n ...'::"1 :~ (J'\ 'Z .--1., &:' ~ 1 ... WELLS FARGO BANK, N,A" S/B/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v, CIVIL DIVISION JASON M. BONNER NO, 05-1054 CIVIL TERM Defendant(s), AFFIDA VII PURSUANT TO RULE 3129 (Affidavit No. I) WELLS FARGO BANK. N.A.. S/B/M TO WELLS FARGO HOME MORTGAGE, INC.. F/K1A NORWEST 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 folJowing information concerning the real property located at ,81 OLD WILLOW MILL ROAD, MECHANICS BURG, PA 17055 , I. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JASON M. BONNER 81 OLD WILLOW MILL ROAD MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in Ihe 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 cannol be reasonably ascertained, please indicate) GREAT SENECA FINANCIAL CORP, C/O PNC BANK 6560 CARLISLE PIKE MECHANICSBURG, PA 17055 . ... 4. Name and address of last recorded holder of every mortgage of record: Name Lasl Known Address (if address cannot be reasonably ascertained, please indicate) SFJV2004-1, LLC 390 GREENWICH STREET, 6TH FL. NEW YORK, NY 10013 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 interesl may be affected by Ihe sale. Name Lasl 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 81 OLD WILLOW MILL ROAD MECHANICSBURG, 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, PA 17105 I verify Ihat lhe stalements made in lhis affidavit are true and correcl to the best of my personal knowledge or infonnalion and belief. I understand thai false slatements herein are made subjec~to Ihe penalties ofl8 Pa. e.s. Sec. 4904 relating to unsworn fal . lca ion authorities. / Mav 30. 2006 DATE o s: -ul;i-~ :J.c:'-- --'- ., .-" "'-' = c::) en o 'T1 -l ffi-n ,..... -jJ'11 ~~.JCJ ":.., , : -A~~:: ~c~~i i> .n -< -~ ::;; w -n ::z [J1 .s;-. ~ . ~ WELLS FARGO BANK, N,A" SIB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff, CUMBERLAND COUNTY No, 05-1054 CIVIL TERM v, JASON M, BONNER Defendant(s), May 30, 2006 TO: JASON M. BONNER 81 OLD WILLOW MILL ROAD MECHANICSBURG, PA 17055 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WfLL BE USED FOR THAT 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, 81 OLD WILLOW MILL ROAD, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriff's Sale on 9/3/06 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of$56,215.87 obtained by WELLS FARGO BANK. N.A.. S/B/M TO WELLS FARGO HOME MORTGAGE. INC.. F/K/A NORWEST 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 lhe 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 lhe sale by filing a petition asking the Court to strike or open lhe judgment, iflhe judgment was improperly entered. You may also ask the Court 10 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 Ihe Sheriffs Sale is not slopped, 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 ful1 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 lhe Sheriff. you wil1 remain Ihe owner oflhe property as if the sale never happened. 5. You have the right to remain in the property unlil the full amounl due is paid to the Sheriff and the Sheriff gives a deed 10 the buyer. At that time, the buyer may bring legal proceedings to evicI 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 mdney. The money will be paid out in accordance wilh this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with lhe Sheriffwilhin 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, IFYOU DO NOT HAVE ALA WYER 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 mav 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 tl. ~___IH t". '...~ TRACI I AU. 11fAT CBltTAlN tract oflaDd, ~ ill Sil_ Spring TI>WtIllhip, Oumerland County, Pemuyl\'llllia, _ porIl<:Ularly bounded and deieribed as fi>l1ows, to wit: BIlOINN\NG at a point in the ..... ofOkl Willow Mill Road at l-ine of Loc NO. I; thence by the ~ of Old Willow Millllold, Soullt 32 dcgrcca 30 minulel Ilut. a disfaoDe of U7.90 tiIet to a point at Will..... T........ nn"" (pri'vale); tbenoe by -. North 85 degrees II mimlIieIlS aecoada Welt, a distmee of!nJ 1 feet to a pojDt; thence by lllIlDll, South 61 doogofi 30 minuIea West, a diota"C" of 60.30 ftlOt 10 a point It land _ or formeriyofOwIca 8tov<<, Jr.; Ibcnec by-. North 39 ~ 00 milwlel Weot, a W- of7&.33 feet to. point at 1m.. of Lot NO, 1; thence by -. North S7 degzces 30 mimlteI Btsc, a distallce of 142.42 feet to tile pllce of BllGJNNlNG. BB1NG Lot No, 1, FiDaI Subdivisiolll'1III of lmrIyn M. aowcra, Slid {l1111 beins recorded ia lite Office oftbe Ra:onIeI' ofDei:ds ia and tar Cumberland County, Pemsyl\'l111ia, in PLm Book 42., pqe S6 BIllNO improved with a ~ly l!fOU'lIled mobile home with. exteasi... improvement and reoovadoDS added~, BEING lmoovn and ~ H 81 Old Willow Mill Road, M",,1wticBbutg. PemsyJwnia lJNDllRAND SUBmcr to a..._ of m.m.....""" of. wall and .VIII'WnThy ofwater wbioh i. dated August 18, 1983 and recorded in Miaoellallcout Book 288., pe&e 841. ALSO SUJllECT to . dedicatM ritht-of..way (If 1S feet .. $boWl> 011 Slid l'\m, l'C5lrictiolIs. building act-baclc lines and co_ of prior RCOCd as pMllins to said praniao& Tl!.ACf 2 ALL 11IA T CERTAIN piece orpercel oflaod 1Il_ in the Township ofSU- Spring, County of Cumberland and CommonweaJthofPeonsylVlDia, moreparticul.t1y bounclcd and d=ribed.. follows, to wit: BEGINNING at. point in the fumIIlr _of Old Willow MiD Roed at d:ie _ of the 8butment of.1iIrmer brk\pl over and at the low w_ marlc of cbc ConodoquiDet Creek; dII:m:e a1011g the ceoIcr of laid Old Willow MiD Road, lite followios two (2) ~ and diItancca: (I) NOlllt 2S w..- 43 minuIea Well, a dislaDcc of 253 feet III a _1; and (2) Nordln ~ 30 ~ Wet(, . ~ of213 feel: to. spibo in the _Ill the point ofintetscctioa of said ~ 'WiIh the nartbllm line of. priwtt: road known as Weot Wtllow TemIlle and at the --. comer of Lot No. 14 on the heIUattI:r~ Plan of Lola; thence alooa the dividing line ~ Lot Not.. 13 and 14 OQ said Plm of Lob! ..... ~I the 1>01tllern line of laid Welt WiIIIlwTerrace, \he foII.....m,two(2) _. anddWances(t) North S7 de$rcc& 30 miImles Welt,. dilllanlle (1(94.4 feet to a staIal; IIld (2) SouIIt lit <Iearees 30 minutet West, a ~ of (1),) Ji!et to. slake; thence alooa the dividing line between Loll Nos, 12 and 14 OIl said Plan of LollI, NcIi'lb 39 deer- W-. a ~ of 134.6 feet 10. atake at !he IIOlIlbem line of Lot NO. I t OIl said PllllofLoll; liIml:ea/Qagthedividiniline bc:Iwcen LocNo. 12 end II, South 49 clegrccs 13 JlJinuks West, . disW1oeof t6S.5 feet, erosaina WClItWU1.owTenacc. to a point at lhe low wtler msrlo: of the CooodoquinDt QeeI<; tbeoce do\W aloDg the low water line ofd:ie 0m0cLlquinct Cn:dc by Us se'leAl_s an cIialaucea in a lOIIlbeastedy diRlction, a dis_ of S56.1 S Iilef. more or leas, 14. poiM in the _~ of the bridse abu.tment first mentioned aoo.c. the place ofBBGINNING. TlTUl TO SAID PR.IlMSms IS VllSTJID IN 1_ M. BoMer, aiDgle man. by Deed fr_ Veronicatc. Volaeloobs. sin8Ie_daled2-2S-99 and=ooled 3-1-99 in Deed Book 194, pap1()9(\. Premises: 81 Old Willow Mill Road, Mechanicsburg, P A 17055 o ~~ c. ,. r-> C~..l c.;~ 0- ::!: ~ '-" - <;?, -' ~-r::r:l fT'r-:: ..,tf'I\ ~;j',;-" ~4S;~ ~2 ("') ':... rD U __I ?" ~ -a :;>:: - c.f\ .1;' (---' - I <.7ttQ " '. .... . ~ AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO BANK, N.A., SIB/M TO WELLS FARGO HOME MORTGAGE, INC., FfKlA NORWEST MORTGAGE, INC. CUMBERLAND COUNTY CQS No, 05-1054 CIVIL TERM ACCT, #1174006001 DEFENDANT(S) JASON M, BONNER SERVE JASON M. BONNER AT 81 OLD WILLOW MILL ROAD MECHANICSBURG, PA 17055 Type of Action - Notice of Sheriff's Sale Sale Date: 9/3/06 SERVED Served and made known 10 -:JC( 1<"'- at f:/7 ,o'clock I.m., at 8' I .-"I. ~oo1" er , Defendant, on the /0 dayof J<.JA.... ,2~, old "-"('(/0"'-" .Nt..'f{ Rd, . Conunonwealth of Pennsylvania, in the manner described below: /' Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk 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. Otber: Description: Age ~ Height s-'" 1\ Weight ~ Race....Lo.L Sex ~ Other I, tall: ~ (2abU'+S , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice ofSherifrs Sale in tbe manner as set forth herein, issued in the captioned case on the date and at the address indicated above. - @ '/1., By~ f)~ Aec... - A~~" PT ~ST 3 TIMES, INDICATE DATES & TIMES OF SERVICE ATTEMPTED, State of New Jersey / PATRiCIA E. HARRIS NOT SERVED Commission Expires June 16, 2008 On the day of ,200~ at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1'1 Attempt: / / Time: 2nd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 ~. Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 v '. ~; "-, C~t ~ () i'~ --~ ~ ;:-1 {,',' c> ""Tl ., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N,A., S/B/MTO WELLS FARGO HOME MORTGAGE, INC., FfK/A NORWEST MORTGAGE, INC. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION v. NO. 05-1054 JASON M. BONNER Defendant(s). AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL G. SCHMIEG, ESQUIRE, attorney for WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., FfK/A NORWEST MORTGAGE, INC. hereby verifies that on JUNE 1,2006 AND JULY 26, 2006 true and correct copies of the Notice of Sheriff's Sale were served by certificate of mailing to the recorded lIenholder(s) and any known interested party, . Date: AUGUST 7, 2006 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff, It maV not be sold In the absence of a renresentative of the nJaintlff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of tbe plaintiff is not present at the sale. ... u ... :0: t;; ... ... ... i- if if Uo '" - <:> '" .. .... '" Uo .... W '" ... .. ~:a. ~ SU I I~; f "ll""i f~ft :a. "'~i =-.1 f 11.0 ~~8 ....If '~i I o ~ 2=-.1 J ~~ =t"t'l .... ~~~ "'i~ "" '" R- ert ~ ~ ~ . .. U ~ ! ~ [! ~ fa f It go ~ l' if '" e, i !l' ... :a. 8 "' l I , . ?~, _(lI..~ ..... SelS . ., _ PfTMV &OWES ~IA ~_~ I . .02 1M $ 00.950 0004218010 JUL 28 2008 MAILED FROM ZPCOOE 191 OS ! ::fi( -T". ):11 \'!.) "r!; .-<:~ l> >~{~6\- ~ 2,~2 . ~ 1 l u v; if r ~ ~ ~ ~ ~ ~ . ~ ~ n ~ -i i i I I _I _ :: :;;: CM N 1 1 ~ '" o I ..I... g-, . t' ~tl II :z .. 1'1= .. ... ... .... ., '^ ~ l au D~C'l :t ~2:~i5 ~~ESf I Jii~~Ol ~8Mj~ F:'l~ !:ic:5I~ ~~h! a:.; [ .~;~; ii~ I e~; ~i~\ ~>o!~ ~ i~ l~ :z 8 f ~ ~~ III ~ ~ 'lj f if i ,-, . II~~~ ' I" I I I, .-1. ;'-='~j';f-,'-: I ~ 1"'. 9.\1 N - i \~ \ \ \ 'i: (/I Gl _ ~,a \" \~ii \ \\,~ \\~,\ l\t~ ;: U\\ III ~~\\ ~ ~.~ l; :a ~ \ ~~<e~ q ';, ';. ~ \ t ~t\~ ~. ~ B % t ~ \> \ \. i.\ \ g ~ ~ ~ i \ w% ~~~%~t<1\ f; ~Q;1!~ 'i r fi\ 0 ~ t, d ~'25 i'" ~ll'Jl~~B ~ :0 'o>~ ~ ~ ~ \ \ ; ?l~" ~ ~\~";:; ~::1. z 'l!. r~ 'if. 'to ~\ ~15 ~~ ~~. -4Cl e,'ii ' nh ~\ L ~ III "" " "" s ,.,3. :2, ., 1" 0 ~ ~~~~~~ (,,:l ~ VI ":i ")( ti\ V> S ~ \ V> ~ ~ Q ~ t ~\ ~ C\ ~ "" """ P '? ,.. 1'0 ~ ';:j > <,3. S - ... \ V> \ \ ~ \ \ 1~ _ _ _ _ ~ ~ ~ ~ ~ V> > ... \\ ~ ... '" ... - r \\ ~ ~ \ z. h~ n~ \ \ \n\t~\ ~ ~iI s t '''' '" i~t. .\ ~ ~l\9.~, ~~ r\,l% .~ \' 1 \ ~\\ \ '%i\\ ~~ i \h\ l-\t\\ \'i - ~\ \ ,~\\ \\~ \\~\ t\\~ t"\l l t \ . . 1/'~PC>>r",,+ "" .. :f~~~.../(~\92"'~ 02 v. $01 .; ~~ I. . o004~oa82S J\)tfO. 8,.: .... '. ~I . l>\I'o\\.EOfl\O,,^ 'ZII'cooE .~. \"" ~ ! \ \ \ \ \ \ \ \ \ \ \~~',. ~ . (') ..... c:: = ~ = s:: "" ~('n :>>0 ~:n r' c -,. z~' (;'> ~~ Cf) '. I ;s."" \.0 .,,:1: J;c; .." 25-" j;2 :x i5Hl N ~ N ~ ..:- -< PHELAN HALLINAN & SCHMIEG, LLP by: Michele M, Bradford, Esquire Atty. J.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A., slb/m to Wells Fargo Home Mortgage, Inc., f/k/a Norwest Mortgage, Inc. ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Jason M. Bonner No. 05-1054 Civil Term Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on March 2, 2005, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on August 11,2005 in the amount of$56,215.87, A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B", 3. The Property is listed for Sheriffs Sale on November 8, 2006, However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 4. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through 11/8/06 Per Diem $10.52 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/BPO MIP/PMI NSF Suspense/Misc. Credits Escrow Deficit $49,558.30 7,111.52 140.33 2,065.00 3,313.43 1,413.81 0.00 0,00 0.00 20.00 0,00 4,096.24 TOTAL $67,718.63 5, The judgment fonnerly entered is insufficient to satisfy the amounts due on the Mortgage. 6, Under the tenns of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP Date: By: Michele M. Bradford, Es uire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M, Bradford, Esquire Atty. LD, No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A., slblm to Wells Fargo Home Mortgage, Inc., f/k/a Norwest Mortgage, Inc. ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Jason M, Bonner No. 05-1054 Civil Term Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Defendant executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 81 Old Willow Mill Road, Mechanicsburg, P A 17055. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action, Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests, It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. n. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. m. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateml. If the Property were sold at a tax sale, Plaintiff's interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan, If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. IV. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974), The provision of the Mortgage which allows the Plaintiff to recover attorney's fees in the instant action is highlighted for the court's reference. In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee often percent of the original mortgage amount is not unconscionable, 410 A.2d 344 (Pa. Super. 1979), Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v, Morrisville Hampton Realty. 662 A.2d 1120 {Pa. Super, 1995), Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. V. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P ,L.E., Judgments 9 191. Stephenson v. Butts, 187 Pa.Super. 55,59, 142 A.2d 319,321 (1958), Chase Home Mortgage Corporation of the Southwest v, Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Supreme Court of Pennsylvania recognized in Landau v, Western Pa. Nat. Bank. 445 Pa. 117,282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co" 332 Pa, 545,2 A.2d 826 (1939). Because ajudgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability . In Rey. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct ajudgmentto conform to the facts ofa case. 257 Pa. Super. 157,390 A.2d 276 (1978), In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full, The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. L The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. VI. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages, Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE:~ Phelan Hallinan & Schmieg, LLP By: Michele M. Bradford, Esqu. Attorney for Plaintiff Exhibit "A" . .~ PHELAN HALLINAN & SCHMIEG, LLP LA WRFNCE T. PHFLAN. ESO. Id No ~n27 FR..\NCIS S. JM.LLlN.\N, ES()" Ill. No. 626')5 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHlA,PA 19103 ill2l 563-7000 WElLSF ARGOB.t\ffl(~ NA.SIBIM TO WELLS FARag HOME MORTGAGE, INC.. F/KJA NORWEST MORTGAGE. fNC- ).:t76 STAI EYIEW BOULEVARD FOR T j\ll L L. SC- 29715 ATTORNEY FOR PLAINTIFF <;QlJRT Qfc;Q~MQ~,P,LEAS CIVIL DIVISION Plainlilf TERt'-I NO. os- -IDgy (!; D;t~~ CUfvtBERLAND COliN'!) '. e i ~ "'~~I:,itl';' .~. '.'~.'.-.... ""....'.'.. .. ....... ..... I....,~. .... .~. ..<p...... ',,;:;.t~.., ". . .~.~. . . \D \'. JASON ~L nONNFH \1 UI,I) \\111 ()\\ \11I1. I~().:\n \IEC1L\:\ICSBL;){(i.P:\1 -;-055 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE 'A:mRN&Y~~7: Y ouhave been sued in court. If you wish to defend agajn~_fi in the following pages, you must take action within twenty (20) days after this complamtand notice'are served, by entering a written appearance personally or by attorney and filing in writing with the court yourdefensesoro~ections to the.c1aims set forthagainstyOQ, Youar-ewame(lthat.ifyQu fail to do so the casemaypfQCeed without you and ajUdginenttDaybe~Cred against yoU; by the: court without .further nouce fo~any money claimed ~~# C9~ia~ 9J:fQr~YOther,:cl~.<>r, ....... " re~ief requested by the plaintiff. Y oumaylosemone)ior propeny'~'otJj~iight$~:t~"'" . you. YOUSHQUUj TAKE THIS PAPERl'OYOURLAWY:ERiAt;ONCE.lFYOO'OO~N<rr ' ~~'.,,:r:.";~,' " . .~'. . :\:~;~;.:;\~;~:?:~E.:~~.:>-~~<l}i~~:~~~;;':~{-'~r.~~;*.t< ,...... -'t.... h ..~_..... '...'.:'., ".' '._ .:..- ': " '.._.: 'f' .. '.' .:':'._}:.~ :..:~.;: . "....-.;.:.....~'.'_::::..:.<.L~~ :.;,_:." ... ~...~;._.; "(. . . .:'-.;.... : ~-.'. ';";". ." ',' ,'.''';':'fy#t';:;';~1{.~:~:;:'~'~~'::!:t~'''' ';~~~:~,,~':;L'~~:<:~'::<~'~;' .. ., it' . l #e. );il;t" ,&;..~ - x.'" ," . ,.. ,', ...,,' . : . ~'>WJJo:' .......:' o;~~ ~ :.. '" ~~. :--~-~ :~~_-:-,.. ~ .-~-:-:;... _'~'.:'~- ~~~: ,. -- 'C' -~ :r:-".:-,\ , ...a ,U.ug,:antl ,: :' ," .'." : ". of'feet'Gbpy'otdh" .,~ i'., _' ':: . - ". oil~tOal:~tiJ.e;"'::~;~~ ;~.:'; ;:"~.~':<J~:. ;:...:: ,.~. . '.' .' \~~..' '[..~Fy'" #~v..r;f:~..: ~~~'$.t".J~1:.J}~~fU-:-""1"",<,!,","J~" ~'?\: .t"-'.. ,~~ ~~' 0,~," . -':.' ~,;, L~;:.~:: :~~-:Py2 :L:~1i5Ji~:~::;"f;:::':;ij~,:;~:',:;:.,.:.ii~J~j?i;K:,.di~ ...;.... T File #: &0191 PHELAN HALLINAN & SCHMIEG, LLP LA WRFl\JeT T PHrL\l\J FS() lei N0 ~22:?7 JRJ\NUS S. IL-\LLlN.-\N. LSV., It!. No. 62()l)) ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (2] 5) 563-7000 WELLS FARGO BANK, N.A., S/BIM TO WELLS FARGO HOME MORTGAGE, INC., F/KJA NORWEST MORTGAGE. TNe ,rhSI\JI\'IF\\ H()l'II\.\RD FORI :\111 I . SC 21r'1:; ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION II RI\I Plaintiff NO. \'. 1l1\IHLRL\~]) CUl r\ 1 Y J\S()~ 1\1 IH)NNFR \1 (II () \\111 ()\\ \1111 R()\I) \1)(11 \'\,HSBl R(l. 1'\ J ~(l:,5 Defendant CIVIL ACTION - LA W 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. lFYOUDONOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTII BELOW. TIllS OFFICE CAN PROVIDE YOU WITII INFORMATION ABOlIT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE ALA WYER,TIlIS OFFICEMA Y BE ABLE TO PROVIDE YOU WITIlINFORMATION ABOUT AGENCIES TIlAT 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, PA 17013 (800)990-9108 File#: 80198 File#: 80198 IF TillS JSIIIE I. IRS'. :\011C1. IILH \Ol BAn: 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 OfFEND.\NT(S) DO SO IN \VRITING WITHIN TBII~T\ (Jfl) DA \S OF RECEIPT OF THIS PLEADING. COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH \\I~I rTE~ \1':RIFIC.-\TIO~ TIIEREOF~ OTIIEI~WISE. TilE DEBT WILL BE ASSlll\lED TO BE \\1.11>. '-II,E\\ ISE. IF REQl'ESTED WITJlI:\ TIIIRr\ (Jfl) DA \S OF RECEIPT OF TillS PLEADING. COUNSEL FOR PLAINTIFF WILL SENf) DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDlTOR, IF DlFFERENT FROJ\) ABOVE. THE LA W DOES NOT REQUlRE US TO WAlT {INTIL THE END OF THE THIRTY (30) DA Y PERIOD FOLLO\VlNG FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THA T 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 ORTHE NAMl!: 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. I. Plaintiff is \\ELLS I. ARl,U InNK. N,\., S Bj\IJ 0 WELLS FAH.GO JlOME MORTGAGE, INC., FfKJA NORWEST MORTGAGE, INC. 3476 ST ATEVIEW BOULEVARD FORT MILL, SC 29715 2; Thename(s) and last known address(es) of the Defendant(s) are: JASON M RO~TNFR i'\J OLD WII ]()\\ f\IILI R()\D 1\II:CI !.\l\lI('SHlR( J. 1'..\ I'll:':' \\'ho is ;lrt' till' 1l11)rl~;I~(lrhl ;lIld 1'1.'<11 pwnn(Sj oflhe prpper1\ hercillalin descrihed 3. On U2. 25 ) <)')1) lllUrl)!d)!tlIIS) m;lde. executcd and deli\ercd a murtgage upon the premises herein<lfter descrihed to GATE\\'A Y FUNDING DIVERSIFIED MORTGAGE SERVICTS.I..P. whleh mnrtg;Jge is recorded in the Onice of the Recorder of CUMBERLAND County. in I"Jor1gage Book No. ] 522, Page: I] 04. By Assignment of MOr1f!age recorded ::1/) /99 the mor1gagc was Assigned To PLAINTIFF which ASSIgnment is reconkd in :\sslgnment Of Mortgage Book No. 605. Page U71. 4. The pl-cmJSessuhlL'ct In said mortgage is descrihed <IS attached. S. The mortg<lge is in default because monthly payments of principal and interest upon said mortgage due 08/0] /2004 and each month thereafter are due and unpaid, and by the tenns 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 aH interest due thereon are coHectible forthwith. File #: 80198 6. The following amounts are due on the mortgage: PnllClpJIl3;dancc Interest 07/0112004 through 03/01/2005 (Per Diem $10.50) Attorney's Fees Cumulative Late Charges 02/25/1999 to 03/01/2005 Cn~t nfSuit and Title St'arch SUhl<'l:l! $-1~>,~U6. I 2 2,562.00 1,250,00 140.33 s ~~O.OO S :,-1-10;.U" Escrow Credit Defiut SlIhttll:i! non ] 69.-12 S 1 {>()-12 TOTAL $ 5-1,577.87 7. The a1torney's fees set f('J1h ;lho\t, arc in conforlllit y with the mort gage dOCllllleJl1S and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. 1flhe ]\,1ortgage is rcinqatcd rrinr to the' Sale. reasonahle attorney's fees will be charged. R. Notice oflnlention t(l Foreclose :IS Sl't for1h in Act 0 of 1974. Notice of HOllleowner's Emergency Assislance Program pursuant 10 ACI 91 of 1983, as amended in 1998, and/or NOlice of Default as required by the mortgage document. as applicable. have been 5enllo the Defendanl(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have 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, 1bis 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 $ 54,577,87, together with interest from 03/01/2005 at the rate of $10.50 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property, PHELAN HALLINAN &SCHMlEG; liP ~.J: #.~ By: .' _ Is/Francis S. Hallinan .' . . LAWRENCE T. PHELAN,ESQUlRE FRANCIS S, HALliNAN, ESQUIRE Attorneys for Plaintiff File#: 80198 tRACT NO. 1 ALL THAT CKKrAIR 1R<!t o(ltUld ~ in Slhw 8pdq'T~p Cumbcdettd ~...._ p~..... IIIltR ~ bOUddecl M4 ~ UtoUaws:.. wit: --..v. BI!:OINlGMO. a)MfBt 1m b.... III OW 1riIIlN' _ .... . acat<< of Q1d WiIJow MtII.... lIoUth i2 - JiM of Lot.... 1: dIanat h.f dw: point .t wmow TctrIIa DriYc &,m,.tit); ~ 30 .uaa:'. tut. ... d'''~ Gll37.9O feet fa . ~est. .. dMtance or5n.31 feet fa. poh.t; thotee =., =:56~r :1;m.Uf/l!. lei 8eCoDd. di~ac of 60.30 fClOt b) .. point .t Jaad DOW Or tOf1Jler~ al Chart~ ~ J . :::t.c. WNt. .. NorQ) 39 <kg.." 00 miaqWl.'f1e~ ... di8blnClf 41'1&.33 tCHlt to a point At Unar~Lot:'~. Male. ame. Nor1h n degreee 30 tD1n'ltle$!a.t, . distance or 142.4~ fttt to tho t'Ja~ ofBltGCN-'=~ by BfUt(Q Lot No. 2. lI'Iaal8ub~ Man tor ."11D M Bowa--. MJd ~ b 0f!U:a ot the lIt<!cordcr of O..da in and for Cumb~ Counn.' ~..........~~ n:corclcd in thf! ~ 5(.. v, uJ'.......-, an Plan Eloclc.42, BImfO Unproved. wi~ .. pc:naanctrtl.1 pundcd mobil. h6uta with extc:n' . ov..dGf18 add~ tMnto. _ ~ .un~rM'emc:nt and tee. : TIlA~HO.2 AI.l. THM' CERTADI pIaoc w~ af lad .. In ihc'f...hI.p of IIi1Yer SpdDJ,. Olnmty vi ()Jm.1Ic:d.a4 AOd ~ of Poamylftftla, more JMI1ic:uIuiyll0u4~ ..4 dMcnDed .... faJlcnq, to wit: . NOUCNIt4O flt. plllat JD tbe_fonaer' ocota' elQld WUlow UIU Rclad '" ale. efd\ta' ot1be OuUftaltt o! .1brIiDm' bridp 0'IlII' ..... ac _Jew...JDIldc fl(tha ~ CRek: ..... .... tJt. oeoter f1l Md Old wmow NBI Rued. tIw r..... twit C2) CXIbtM.I au4 diatluu:cc II) Nerfh 2S d..... 43 miDutH 11.1-' "'~-- f112$31Mt ID . 1I:d: e;od C!I) JlIaI1b 32 ~30 1Il1. . ... Wac, .. df.. __ fIL~l.3".. apiD ill ilia __ M the pafntol ~ at.... -........ tlte .~ "o(.~rae.4 ~ _w_WUSOWTernOi.... _tile ~eonMlr IIftot Ifo. 1.4 GQ" h~~ PIma _lAM; tJaoac:c..........6Wiae 110. ~ Lot)eM. 13 .. 14 eQ...w Plan et LeIs......... the nort1aW" 0(.... ..uc WDI4nr~~.tI)e -~UIII 12) -._.... 41~~ (11 ~-1'1-~..,...-Wca1.-& 1W-aclO-0f.-D4.4 feet to 4Il ~.. C2) SaaIb 81..... 30 ~ ..-.~ ~ of_a r.t~..... tbeD.ce ....,_4M4iDI.._~1M...12 -'14_....ptmOCI.ot:I,.If4cth39.....W....1I. . cJWiUiOt." l34i.S teet...... . lite ~ ... _lAtNt. 11 Gel Rid '*' ~ I.atiI: tI&eiJCe _ .... ......Iia.e h:t...~ 1M If,oL 12 ad. 11. eaath 49 d.qreM 13 .......w.... ~ 0( 165.5lMt. u ......___ TeI'I"fICDt taaj)Olac at Ole low ~-- at fbe ~. Creek; ~ dowD.......row....,1IIa Ofb O'Y'taquJad CNek br u. ~ C:aUr.c. Md ~ ~ lea . Hu~ dirfttioo.. 4fabl.nce or ~S6.15 f'cct. .... at' Ic.e. to. point in the aeDtvofth,e.1Irlcf&e ~ &cst mentiondl..bne. ihtl pt~ GI S'&olHNlNG. &\II) p~ oC~Io1p,.....d.t.nd belncCllllllpOAN oCwbatd *""' uL.tNOL 12tU1d IS em an u~~ PlOQ\GfLOb ~1ryW. G. R~~~. on M.ch 2,19S~ r. Co R. Starac. Jr. PROPERTY BEING: 81 OLD WILLOW MILL ROAD VERIFICATION ~ Juliann Smith hereby states that he/she is VPLoan 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 ofhislher 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, ~.~~itk Juliaml Smith Vice President Loan Documentation DATE: ~* Exhibit "B" / 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" SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A" SIB/M TO WELLS FARGO HOME MORTGAGE, INC., F/KJA NORWEST MORTGAGE, INC. 3476 ST A TEVIEW BOULEVARD FORT MD.JL, SC 29715 CUMBERLAND COUNTY COURT OF COMMON PLEAS o ~ 0 ~~ ~ -n NO. 05-1054 CIVIL T~ ~ ~~ ~.~ t~.= :09' ~c5 8~ %_~ -0 :J: .,.1 Zl_...:' :x ~C5 ~ ~ ~~~ ~~~~ Defendant(~~ ~: =< <y~"-<' ~~-: ~~ PRAE~tiR IN REM JUDGMENT FOR FAILURE T~~ ~ ~WER AND ASSESSMENT OF DAMAGES ~ ~ TO THE PROTHO~~ .,f'q,.$ CIVIL DIVISION Plaintiff, v. JASON M. BONNER Kindly enter an in rem judgment in favor of the Plaintiff and against JASON M. BONNER, 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 Plaintiirs damages as follows: As set forth in Complaint Interest from 3/2/05 to 8/4/05 TOTAL $54,577,87 $1,638,00 $56,215.87 I hereby certify that (1) the ~dresses of the Plaintiff and Defendant(s) are as shown abov~ (2) that notice has been given in ~rdance with Rule 237.1, copy attached,v "~ &~ <~~ ~~ / ~~~' ~~. ~ . ~'" ~~ ~~ AC::S ~ ~'~v DAMAGES ARE HEREBY ASSESSED AS 1ND1CA'Z!" . ~ DATE: {)4 fl( ~ . A~ k- PROPROTHY VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities, Phelan Hallinan & Schm' DATE:. By: Michele M. Bradford, E Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A., slblm to Wells Fargo Home Mortgage, Inc., f/k/a Norwest Mortgage, Inc. ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Jason M. Bonner No. 05-1054 Civil Term Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages and Brief in Support thereof were sent to the following individual on the date indicated below, Jason M. Bonner 81 Old Willow Mill Road Mechanicsburg, P A 17055 DATE: '1 J I' I Jf{o ,f-tp By: Phelan Hallinan & Schmieg, LLP :s- Michele M. Bradford, Esquire Attorney for Plaintiff :1ir (-) ~' :.~:! i1 f'.J :< r -r--..--:-- I"' '. ._ ". . _ ,.:"::-~' ,,",.-'/ .~" \j ,) ty I 3Ep 1 3 Z006 ; IN THE COURT OF COM~~~~i~~~iACUMBERLAND CO~0f~=~=,~~.:"J Wells Fargo Bank, N.A., s/b/m to Wells Fargo Home Mortgage, Inc., f/kla Norwest Mortgage, Inc. Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Jason M. Bonner No. 05-1054 Civil Term Defendant RULE ANDNOW,this~dayof ~rr 2006, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff s Motion to Reassess Damages. . ..u.. , t lJ r c. \' tL.. J2..+-~ J tL I ~( ~ Lu (...U cl\A I ') \ 07,..... A? ' Rule Returnable ().IJ tp" aa) of 2006, at in the ~ CUI1Jherhmrl COlllR)' Cst:tr'..haase, C<hli;:)k., Pent'l.;:))'lvCll1~a. BY THE COURT, aU c{) ," 0... o :. ) C"t) -r<' j <I - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA PHELAN HALLINAN & SCHMIEG by: MICHELE M. BRADFORD, Esquire Atty, J.D. No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Wells Fargo Bank, N.A., slb/m to Wells Fargb~Home Mortgage, Inc., f/k/a Norwest Mortgage, Inc. Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Jason M. Bonner No, 05-1054 Civil Term Defendant CERTIFICATION OF SERVICE I, MICHELE M. BRADFORD, Esquire, hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of Within 14 days of the date of the order has been served upon the following persons: Jason M. Bonner 81 Old Willow Mill Road Mechanicsburg, PA 17055 Date: ~ Zf }w PHELAN HALLINAN & SCHMIEG, LLP -_._---~ ------ /.j By:~ ; Michele M. Br~dfo~" ~ Esquire Attorney for Plai,- . f I / o c: -~..... d) f- .--:;' ; {~ ~i~ , ~"~. ~ = = CT' if) f"""!',o; .' . -'0 N CP ~.'~: Z ~j ~ C2 (f\ ~ ~::n n' r::: -orn ~.~~Y, ::::\y ~~-: .-1-1 (.')-~ ~,_.....- t... J ~Z- I'll g ~ PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center at Suburban Station 1617 John F, Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A., slb/m to Wells Fargo Home Mortgage, Inc., f/k/a Norwest Mortgage, Inc. Attorney for Plaintiff Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Jason M. Bonner No. 05-1054 Civil Term Defendant MOTION TO MAKE RULE ABSOLUTE Plaintiff, Mortgage Electronic Registration Systems, Inc., by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to maktl Rule to Show Case absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is The Plaintiff in this action. 2, A Rule was entered by the Court on September 15, 2006 directing the Respondents to show cause why the Motion to Reassess should not be granted. A true and correct copy of the Rule is attached hereto, made apart hereof, and marked Exhibit "A". 3. The Rule to Show Cause was timely served upon all parties on September 27,2006,2006 by the Prothonotary in accordance with the applicable rules of civil procedure. 4. Respondents failed to respond or otherwise plead by the Rule Returnable date of fourteen (14) days after the date of the order. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff Mortgage Electronic Registration Systems, ~.n~.~~}~.1otion to Reassess Damages. Michele M. Bradfi Attorney for Plai . . , , ,.,. }. ~. .. . -,co- . i Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO PENNSYLVANIA .KEC': .f~ J \1 J~~~l) i I'y SEP 1 3 200..6. J' t3y: __--"_ . ----.:.. Wells Fargo Bank, N.A., s/b/m to Wells Fargo Home Mortgage, Inc., flk/a Norwest Mortgage, Inc. Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Jason M. Bonner No. 05-1054 Civil Term Defendant RULE AND NOW, this~ day of ~ r-t 2006, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff s Motion to Reassess Damages. ~ It I'; Ii J 7,5 J tk lz.'t..:. J tt ~ t4J i.ru , Rul~ R~able ~nrt\}w da, of 2gg8, at In the 1 .. ~ .'':> ~.. ~ \ CwuPerhmrl C gy:A~T C 81:1ftBJ)HSe, Ccu l~;sk, P Gn1.~ y I v OJ l~a. BY THE COURT, ~- '-,:;O,,,!~'T ~'-:'''''''~ RECORD m i~~'>" . ~ " .... set my 1M . "';" -:Ie, P8. o '" 8~ )ctS Exhibit "B" ~E COURT OF COMMON PLEAS OF ~trMBERLANb'~()tJN I Y,' PENNSYL VANIA ATTORNEY RLE' COpy f~~~rURN PHELAN HALLINAN & SCHMIEG by: MICHELE M, BRADFORD, Esquire Atty. I.D, No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19102-1799 (215) 563-7000 WeHs Fargo Bank, N.A" slb/m to Wells Fargb~Home Mortgage, Inc., f/k/a Norwest Mortgage, Inc, tlt:;'.i..~~~W:."-1""___:"',,1'."'''''' ~...;' ......... A ITORNEY FOR PLAINTIFF Plaintiff Court of Common ~as g ~ 0'" -0 IT (/) C. '1 D' . . QlfT fT1 IVI IVIslon z .:-; -0 0)-: ~ Cumberland Cou~::. ;:boo z {< :Jt No, 05-1054 Civir~m 9 -3 c..n -... - vs, Jason M. Bonner Defendant 1OOIl!:.._--,__. . CERTIFICATION OF SER~"~'~ .-..., l_ ~,--,r --~-' ATTORNEY FllE toP~" I, MICHELE M. BRADFORD, Esquire, hereby certify that a tnf~!!~l~nH.r Motion to Reassess Damages noting a Rule Return date of Within f4' days of the date of the order has been served upon the following persons: .....;."'.'.lii;':.-, l.~___\i..,,,,,,, ..--.....-.-...-,.,'.-..:.- Jason M, Bonner 81 Old Willow Mill Road Mechanicsburg, PA 17055 , .( '\ PHELAN HALLINAN & SCHMIEG, LLP / By: Date: CJ Michele M. Bradfor , Esquire Attorney for Plai / o " ~ n'~ -om :00 06 -l,. ~-ri ~o L-m ~ 55 -< VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff, in this action, that she is authorized to take this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. 94904 relating to the unsworn falsification of authorities. .---- ~ . ~ -.:: ., ;.'~ , Michele M. Bradfor Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A., slb/m to Wells Fargo Home Mortgage, Inc., f/kJa Norwest Mortgage, Inc. Attorney for Plaintiff Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Jason M. Bonner No. 05-1054 Civil Term Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Motion to Make Rule Absolute and Brief in Support thereof was served upon the following interested parties via first class mail on the date indicated below: Jason M. Bonner 81 Old Willow Mill Road Mechanicsburg, P A 17055 Michele M. Bradford, Esqui Attorney for Plaintiff l .~;_:.Ul::-. _ ("') ~~; '" r-' c-::> C:;::l Cf" 9, ':-:i \ \.,0 5~) ':::0 ....4 :J.: -T"'\ rne ~~~~, ~..,.-' ., ~J J ,...._, .(~~~ (r . ,.::~ ..-~--? "'h :...:::: r:-? o WELLS FARGO BANK, N.A., : slb/m to WELLS FARGO HOME: MORTGAGE, INC" f!k1a NORWEST MORTGAGE, INC" : Plaintiff v. JASON BONNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-1054 CIVIL TERM ORDER OF COURT AND NOW, this 6th day of December, 2006, upon consideration of Plaintiffs Motion To Make Rule A.bsolute, the Rule is made absolute and the motion to reassess damages is granted. BY THE COURT, 1. Michele M. Bradford, Esq. Phelan, Hallinan & Schmieg, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, P A 19103-1 g 14 Attorney for Plaintiff Sheriff s Office _ /JtL-1t J c;l.t/l ; v-ere-~. ( J- - ~ - ~ :rc > IJ---(P-of.. C~ ~ () ~; 'S~-'" ~~;: ~~r 0/ ~ L: ;~ j...::: ~~~ "7-- :;2 ......, = = C1"' o rrl n J O"l -0 3: o ." ~"'T1 rnp -olT1 ~oy ~~~ (~"'}.C) (:"')rr1 "~\ ? :0 -< - .. .r:- 0'\ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which William Skilton & Nancy & Samantha is the grantee the same having been sold to said grantee on the 8th day of No v A.D., 2006, under and by virtue of a writ Execution issued on the 31st day of May, A.D., 2006, out ofthe Court of Common Pleas of said County as of Civil Term, 2005 Number 1054, at the suit of Wells Fargo Bank N A against Jason M Bonner is duly recorded in Deed Book No. 278, Page 220. IN TFSTlMONY WHEREOF, I have ~eunto set my hand and seal of said office this 19 day of J)-1Z~uv!/~' , A.D. ;; (J'r!) (: /J ~ \ )1r/2~ ,\ DfD-. "'AIt~~ PI. "",VjkdKJ~. -flY ComIrnsslon Expires \he filii MclftdIy ata 1010 Wells Fargo Bank, N.A. VS Jason M, Bonner In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No, 2005-1054 Civil Term Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on July 12,2006 at 12:47 o'clock PM, he served a true copy ofthe within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Jason M. Bonner, by making known unto Jason M. Bonner personally, at 16510 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on July 3, 2006 at 1 :10 o'clock P,M" he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jason M. Bonner located at 81 Old Willow Mill Road, Mechanicsburg, Pennsylvania 17055 according -to law, R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Jason M. Bonner, by regular mail to his last known address of81 Old Willow Mill Road, Mechanicsburg, Pennsylvania 17055. This letter was mailed under the date of July 14, 2006 and never returned to the Sheriffs Office, R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on November 08, 2006 at 10:00 o'clock A.M. He sold the same for the sum of$71,700.00 to William Skilton, Nancy Skilton and Samantha Skilton. It being the highest bid and best price received for the same, William Skilton, Nancy Skilton and Samantha Skilton of 103 4th Street, Boiling Springs, P A 17007, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $76,024.22, Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Prothonotary Postpone Sale $30,00 1,434,00 15.00 15.00 30,00 10,00 1.00 20.00 Mileage Levy Surcharge Law J ouma1 Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 19.60 15.00 30.00 749.00 512,00 19.31 25,00 / 39,50/, $2,964.41 (~ So Answers: r~~ R,Thomas Kline, shliff- BY cJ~~ Real Estat ergeant J~/~'Io" ~ {)? jD'V J, tf> Q<st.8/7 ~ IN, g,')'1 WELLS FARGO BANK, N.A., S/B/M TO WELJ.,S FARGO HOME MORTGAGE, INC., F/KJA NORWEST MORTGAGE, INC. CUMBERLAND COUNTY . COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION JASON M. BONNER NO. 05-1054 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., FIKlA NORWEST 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 ,81 OLD WILLOW MILL ROAD, MECHANICS BURG, P A 17055 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JASON M. BONNER 81 OLD WILLOW MILL ROAD MECHANICS BURG, P A 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) GREAT SENECA FINANCIAL CORP. c/o PNC BANK 6560 CARLISLE PIKE MECHANICSBuRG, P A 17055 . . ' 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) SFJV2004-1, LLC 390 GREENWICH STREET, 6TH FL. NEW YORK, NY 10013 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 81 OLD WILLOW MILL ROAD MECHANICSBURG, P A 17055 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 subjecqothe penalties of 18 Pa, C.S, Sec. 4904 relating to unsworn fal . lca ion authorities, ./--- May 30, 2006 DATE l -. ... .. WELLS FARGO BANK, N.A., S/BIM TO WELLS FARGO HOME MORTGAGE, INC., FIKIA NORWEST MORTGAGE, INC. Plaintiff, CUMBERLAND COUNTY No. 05-1054 CIVIL TERM v. JASON M. BONNER Defendant(s). May 30, 2006 TO: JASON M. BONNER 81 OLD WILLOW MILL ROAD MECHANICSBURG, P A 17055 * * THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION OBTAINED WILL BE USED FOR THAT 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. 81 OLD WILLOW MILL ROAD, MECHANICS BURG. PA 17055, is scheduled to be sold at the Sheriffs Sale on 9/3/06 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of$56,215.87 obtained by WELLS FARGO BANK. N.A.. S/B/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST 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: L 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 rigbts. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1, If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000, 2, You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property, 3. The sale will go through only 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 ofthe 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 Sheriffs 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 SCHEDULE OF DISTRIBUTION SALE NO. 72 . Date Filed: December 08, 2006 Writ No. 2005-1054 Civil Term Wells Fargo Bank, N.A. s/b/m to Wells Fargo Home Mortgage, Inc., f/kJa Norwest Mortgage, Inc. VS Jason M. Bonner 81 Old Willow Mill Road Mechanicsburg, P A 17055 Sale Date: Buyer: Bid Price: November 08, 2006 William, Nancy and Samantha Skilton $71,700.00 Real Debt: Interest: Attorney Costs: $67,718.63 Total: $67,718.63 DISTRIBUTION: Receipts: Cash on account (06/02/2006): Cash on account (11/08/2006): Cash on account (11/27/2006): $ 1,500.00 7,170.00 68,854.22 Total Receipts: $77,524.22 .. Disbursements: Sheriffs Costs Legal Search Transfer Tax, Local Transfer Tax, State Attorney Daniel Schmieg Wells Fargo Bank, N.A. West Coast Capital Group, Inc. (pending payoff) $2,964.41 400.00 1,245,11 1,245,11 1,500.00 67,718,63 2,450.96 Total Disbursements: ($77,524.22) Balance for distribution: 0.00 So Answers: r~~ R. Thomas Kline Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECf TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SA TISFACfORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 72 Held: Date: November 13, 2006 T AXES: Receipts for all taxes for the years 2003 to 2005 inclusive. Taxes for the current year 2006. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer, Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below, JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2006, and recorded , 2006, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Veronica K. Vogelsong, by deed dated February 25, 1999 and recorded March 1, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, in Carlisle, Pennsylvania, in Deed Book 194, Page 1090, granted and conveyed to Jason M. Bonner, single man. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company, 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose, 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of the Township Road known as Old Willow Mill Road, 6. Building conditions, easements and restrictions shown on or set forth with the Final Subdivision Plan of Evelyn M. Bowers recorded in Plan Book 42, Page 56. 7. Mortgage in the amount of $52,950,00 given by Jason M. Bonner to Gateway Funding dated February 25, 1999 and recorded March 1, 1999 in Mortgage Book 1522, Page 1104. Said mortgage was assigned to Norwest Mortgage, Inc., by instrument recorded March 1, 1999, in Miscellaneous Record Book 605, Page 71. Said mortgage was further assigned to S. F. J. V. 2004-1 DC, by instrument recorded January 19,2005 in Miscellaneous Record Book 714, Page 3354. Complaint in mortgage foreclosure filed by Wells Fargo Bank, N.A. s/b/m to Wells Fargo Home Mortgage, Inc" s/k/a Norwest Mortgage, Inc. as Plaintiff against Jason M. Bonner as Defendant, in the Office of the Prothonotary of Cumberland County, on March 2, 2005 to File No. 2005-1054, Judgment in the amount of $56,215.87 entered August 11,2005. Order reassessing damages entered in the amount of $67,718.63. 8, Mortgage in the amount of $38,200,00 given by Jason M. Bonner to GMAC Mortgage Corporation dated August 6, 1999 and recorded August 26, 1999 in Mortgage Book 1566, Page 477. Said mortgage was assigned to West Coast Capital Group, Inc., by instrument recorded May 26, 2006 in Miscellaneous Record Book 727, Page 2201. 9. District Justice judgment in the amount of $2,536.32 entered by Great Seneca Financial Corporation as Plaintiff against Jason M. Bonner, as Defendant on January 10,2004 in the Office of the Prothonotary of Cumberland County to File No. 2004-5664. 10 Under and subject to building and use restrictions recorded in Miscellaneous Record Book 288, Page 844. 11. Under and subject to rights in the use of the road known as West Willow Terrace as recorded in Deed Book 176, Page 772. 12. Under and subject to Maintenance Agreement recorded in Miscellaneous Record Book 288, Page 844. 13. Conditions, easements and restrictions shown on or set forth in the Plan recorded in Plan Book 42, Page 56, 14. Rights granted to the Bell Telephone Company of Pennsylvania by instrument recorded April 18, 1939 in Miscellaneous Record Book 72, Page 346. , . 15, Rights granted to Pennsylvania Power & Light Company by instrument recorded in Miscellaneous Record Book 107, Page 351. 16. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale, 17. Real estate taxes accruing on and after January 1, 2007 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. ~-d. . Robert G, Frey, Agent Note: This Title Report shall not be v ld or inding until countersigned by an authorized si ato REAL ESTATE SALE NO. 72 Writ No, 2005-1054 ClvU Wells Fargo Bank. N.A.. s/b/m to Wells Fargo Home Mortgage, Inc,. f/k/ a Notwest Mortgage, Inc. vs. Jason M. Bonner Atty.: Daniel G. Schmieg DESCRIPTION TRACT 1 ALL THAT CERTAIN tract ofland, situate In Silver Spring TownshIp. Cumberland County, Pennsylvania, more particularly bounded and de- scribed as follows, to wtt: BEGINNING at a poInt In the cen- ter of Old Willow Mill Road at line of Lot NO.1; thence by the center of Old Willow Mill Road, South 32 de- grees 30 minutes East, a distance of 137.90 feet to a point at Willow Terrace Drive {private); thence by same, North 65 degrees 11 minutes 15 seconds West, a distance of 92.31 feet to a point; thence by same, South 61 degrees 30 minutes West. a distance of 60.30 feet to a point at land now or formerly of Charles Stover, Jr.: thence by same, North 39 degrees 00 minutes West. a distance of 78.33 feet to a point at line of Lot NO, 1; thence by same, North 57 degrees 30 minutes East. a distance of 142,42 feel to the place of BEGINNING, BEING Lot No.2. Final Subdivi- sion Plan of Everlyn M, Bowers. said plan being recorded In the Office of the Recorder of Deeds In and for Cumberland County. Pennsylvania, In Plan Book 42, page 56. BEING Improved wtth a perma- nently grounded mobUe home with extensive Improvement and renova- tions added thereto. BEING known and numbered as 61 Old WllIow MllI Road, Mechanlcs- burg. Pennsylvania, UNDER AND SUBJECT to a cov- enant of maintenance of a wall and avallablllty of water which Is dated August 18, 1983 and recorded In Miscellaneous Book 288. page 841. ALSO SUBJECT to a dedicated right-of-way of 25 feet as shown on sald Plan, restr1ctlons. building set- back lines and covenants of prIor record as pertains to sald premises, TRACT 2 ALL THAT CERTAIN piece or parcel of land situate In the Town- ship of Silver Spring. County of Cumberland and Commonwealth of Pennsylvania. more particularly bounded and described as follows, to wit: BEGINNING at a point In the former center of Old Willow Mill Road at the center of the abutment of a former bridge over and at the low water mark of the Conodoqulnet Creek: thence along the center of said Old WlIIow MlII Road, the fol- lowing two (21 courses and dis- tances: (lJ North 25 degrees 43 min- utes West. a distance of 253 feet to a nall: and {21 North 32 degrees 30 minutes West. a distance of 21.3 feet to a spike In the same at the point of Intersection of said centerline with the northern line of a prlvale road known as West Wil- low Terrace and at the southeast comer of Lot No, 14 on the herein- alter mentioned Plan of Lots: thence along the dividing line between Lot Nos. 13 and 14 on said Plan of Lots and along the northern line of said West Willow Terrace, the followtng two (21 courses and distances (1) North 87 degrees 30 minutes West. a distance of 94.4 feet to a stake: and (2) South 61 degrees 30 min- utes West. a distance of 60.3 feet, . to a stake: thence along the dMd- Ing line between Lots Nos. 12 and 14 on sald Plan of Lots. North 39 degrees West, a distance of 134.6 reet to a stake at the southern Une of Lot NO. 11 on said Plan of Lots; thence along the dividing Une be- tween Lot No, 12 and 11. South 49 degrees 13 mlnutes West. a distance of 165.5 feet. crossing West Willow Terrace, to a point at the low water . mark of the Conodoqulnet Creek: . thence down along the low waler ;. line of the Conodoqulnet Creek by Its several courses an distances In a southeasterly direction. a distance of 556.15 feet. more or less, to a . polnl In the center of the bridge abutment first mentioned above. the place of BEGINNING, TITLE TO SAID PREMISES IS VESTED IN Jason M, Bonner, single man by Deed rrom Veronica K, Volge1song, single woman, dated 2- 25-99 and recorded 3-1-99 In Deed Book 194, page 1090. Premises: 81 Old Willow Mlll Road, Mechanlcsburg, PA 17055. I . ~. . .. DESCRIPTION TRACT 1 AIL lllA T CBRTAlN 1raCt of land. situatb in 8ih... Spring Township, Cumberland County, Pennsylvania. more particularly bounded &UJ described asfoUows.. to wit BEGINNING aU point in the ~ QfOkl Willow Mll1 ltoodat line of Lot NO. 1; thence by the ~ of Old Willow Mill Road, South 321kgrccs 30 minufcsEast, a distmce of 137.90 feet to a point at Willow Tm:aca Dri~ (~ter. thence by same. Nonh 85 degrees 11 minutes 15 seconds West, .. distance of92.31 feet to a point; tbcncc by same. South 61 degrees 30 minutes West, a distance of 60.30 feet to a point at land now or formerly ofQ.arles Stover, Jr.; 1bencc by same,. North 3? degrees 00 minu1es West, a distam:G of78.33 feet to ;t. point at line of Lot NO. I; thence by same, North 57 degrees 30 minutes Bast, a distance of 142.42 feet to the place of BEGINNING. BRING Lot No.2, Final SubdiviMnPlaa Qf RverlynM. Bowers, said plan being recorded in the Offlce of the Recorder ofDccd4 in and for- Cumberland County, PennsYlvania. in Plan Book 42, page S6 BEINO improved with a pcrnmncntly grounded mobile borne with. exten$ive improvement and renovations added thereto. . BEING mown and nwnbered 8$ 81 Old WiUow Mill Road, M~hanicsburg. Pcrmsylvanill UNDER AND SUBJBCf to a covenant of maintenance of a wall and availability of wat(lf whioh lS dated August 18, 1983 and recorded in MjsceDaneous Book 288" page 841. ALSO SUBJECT to a dedicated right-of-\\'3}' of 25 feet as shown 00 said Plan. restriclions, bw1ding; set-back lines and CO\<enants of prior record as pertains to said preurises. TRACT 2 ALL lHA T CERTAIN piece or pareet of land situate in the Township of Silver Spring. County of Cumberland and Comtnonweahh of Pennsylvania, more particularly bounded and described as follows, tQ wit BEGINNING at a point in the fonnor center of Old Willow MiD Rood at the center of the abutment of a fonner bridge over and at the low water mark of the Conodoquinet Creek< tbence along the center of said Old Willow Mill ~ the following two (2) cours:c:s and distances: (I) North 2S degrees 43 minutes West, a di8tancc of 253 (eet to a nail; and (2) North 32 degrees 30 minutes W~ a distailCC 0121.3 feet to a spike in the same at the}]Oint ofintmection of said centerline wjlh tIlIl JlClI't:berq Une of a private road known as West WIllow Temu;e and at the soutbeastoomer olLot No. 14 on the hereinafter meotioned Plan of Lots; thence along the dividing line between Lot No6. 13 and 14 on said Plan of Lob and along the llOJtlIem line of laid West Willow Terrace. 1hc following two (2) course. and distances (1) NOOh 87 dc&rocs 30 minutes West,. distance 0(94.4 fetrt to 8. stake; IInd (2) Soutb. 61 degrees 30 minutes West. a ~ of 60.3 feet to a stake; thence along the dividing line between Lots Nos. 12 and 14 on said Plao of Lots. North 39 degrees West, a distance of 134.6 feet to a stake at the southern line of Lot NO. 11 on ~d lnan of Lots; thence along the dividing ~ between Lot No. 12 and 11. South 49 degrees 13 minuk:s West, a di~ of 165.5 feet. crossing West Willow Terrace. to a point at the low water mark of the Cooodoquioet Creek; tbetroe down al00g the low water line of the C-OnOdoqui.ncl: Cn:ck by Us seYml1 QOUrSe5 an distances in a southeasterly direction. 11 distance of 556. t SCed. more or less, to a point in the center of the hridge abutment tirstmentioned above, the plac.e of BEGINNING. TITLE TO SAIQ PREMSmSIS VESTHD IN Jason M. Bonner" single man by Deed from Veronica K. Volgelsong, single WOIIlalI; dated 2-25-99 and recorded 3-1-99 m Deed Book 194, Me 1 09(). Premises: 81 Old Willow Mill Road, Mechanicsburg, P A 17055 - WRIT OF EXECUTION andjor ATTACHMENT . . COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) .. NO 05-1054 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., S/BIM TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC., Plaintiff (s) From JASON M. BONNER (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 gamishee(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 (5) 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 $56,215.87 L.L. Interest FROM 8/4/05 TO 9/3/06 (PER DIEM - $9.24) - $3,677.52 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $1779.03 Other Costs ADD'L FEES - $6243.43 Plaintiff Paid Date: MAY 31, 2006 (Seal) Prothonotary By: 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 ~ ~ ~ OFFICE OF THE SHERIFF CUi"IRq), II If!) r~nl1ilTY. P/1 ZOOb JUN -2 A '1: 22 llregiJjgS gl13lSg: I13g~ ~tJpO~ :AH 900Z 'zo gunf :gl13Q 'U!gjgq pgl13jOd.IO~U! g~UgjgJgj S!ql Aq PU13 l!.IM. S!ql ql!M pgIY "v" l!q!qxg: uo pgqp~Sgp AIIllJ gjOW 'iJjnqs~!U13q~gw "p~ mw MOmA\. PIa 18 S13 pgjgqwnu PU13 UMOU)l V d 'Aluno:) plrepgqwn:) 'd!qSUMO.l iJupdS jgAl!S U! pgl13nl!S ApgdOjd I13gj gql U! lSgjglU! S,lU13PUgJgp gql uodn pg!AgI JJ!jgqs gIll 900Z 'zo gunf uO ZL # gI13S gl13lSg: I13g~ " .AItI ., .. 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 of the 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 smce; 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 in the 19th and 26th day(s) of July and the 2nd day(s) of August 2006. 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 the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY S ALE #72 ""fl uv u..... u....... :~o esTATE SALE NO. 72 Wells FarSo ~1054 ClvllTenn Wells Fargo Hor: :O.A.., SIBJM to FIKJA NOI'West Mort rtgage, Inc., Va gage, Inc. Jason M. Bonner Any: Daniel G. Schmieg 11P110N mAcr 1 - AlL silUale in Silver . ~A.IN Inlet of land, County, Pennsylvania, ~ ~p, Cumberland and described as follows t ~cuIarly bounded BEGINNING at " 0 ~t. Willow Mill Road : J:~ m !be center of Old the center of Old Willow ~ ~o. 1; thence by degrees 30 minutes East,. oad, South 32 to a point at Willow T~ ~ ~ 137.90 feet by same. North 85 degrees 11 . (private); thence West, as distance of 9231 feet ~m:t;l~~ndsb ~,~uth 61 ru.~ 30' """"'" Y -.~~ . ..lIIInutes West, a CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 '- , " PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEAL TH 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 21, July 28, and August 4,2006 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. REAL ESTATE SALE NO. 72 Writ No. 2005-1054 Civil Wells Fargo Bank. N.A.. s/b/m to Wells Fargo Home Mortgage, Inc., f/k/a Norwest Mortgage, Inc. vs. Jason M. Bonner Atty.: Daniel G. Schmieg SWORN TO AND SUBSCRIBED before me this 4 day of August. 2006 DESCRIPTION ~~-~}~~6~~~ j : NU r AH1AL SEAL ! f ~ ; LUjS t. :::.~r\!VDrH, t\jGt8ry Pub:!(. ~ Carli;!c (>ynberiand Coun\v j {.:n;'i:!ni~;~-,iUi! t.l~,:').r\";.r.~. lv10~ch [>, 200Q ~ '_.','V,. ,,.,,- ....,.~........;'"'~"'...._....i>o-1"'_.><f;'f._..,-_.,:u' ,....''-....1''" '.' TRACT 1 ALL TIfAT CERTAIN tract of land situate in Silver Spring TownShiP: Cumberland County, Pennsylvania, more particularly bounded and de- scribed as follows, to wit: BEGINNING at a point in the cen- ter of Old Willow Mill Road at line of Lot NO.1; thence by the center of Old Willow Mill Road, South 32 de- grees 30 minutes East, a distance of 137.90 feet to a point at Willow Terrace Drive (private): thence by same, North 85 degrees 11 minutes 15 seconds West, a distance of 92.31 feet to a point; thence by same, South 61 degrees 30 minutes West, a distance of 60.30 feet to a point at land now or formerly of ~hax:le~ ~t?ver, Jr'~!hence by same,