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Home My WebLink About05-2126 .. MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 PO BOX 307 SECANE, PA 19018 (610) 328-2887 Attorney ID # 52634 Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc. 3476 Stateview Boulevard Fort Mill, SC 29715 Plaintiff vs. Daniel Lugaro and Doris Lugaro 38 Central Boulevard Camp Hill, PA 17011 Defendants ... #16574-T Attorney for Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY Case No: ()~ - ;L1).fc, (!(~,' 'DZ.{ CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAI D WILL BE USED FOR THAT PURPOSE 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 T AKIl THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEll. ADVISO Le han demandado a usted en la corte. Si usted quier defenderse de estas demandas expuestas en las paginas siguientes, sted hene veinte (20) djas de plazo aI partir de la fecha de la demand y la notificacion. Hace falta a sentar una comparencia escrita 0 en per na 0 con un abogado y entregar a la corte en fonna escrita sus de ensas 0 sus objeciones alas demandas en contra de su persona. ea a visada que si usted no se defiende, la corte toma ra medidas y pue e cantinuar la demanda en contra suya sin previa avisa a notificaci n. Ademas, la corte puede decidir a favor del demandante y requie que usted cumpla con todas Ias provisiones de esta demanda. Usted pede perder dinero 0 sus propiedadcs 0 atros de rechas impartantes para sted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SINOTIENEABOGA VAYAEN PERSONA 0 TELEFONA A LA OFICINA ESC ITA ABAJO. ESTA OFICINA LE PUEDE PROVEER INFO ACION SOBRE COMO CONTRATAR A UN ABOGADO. SI U TED NO TIENE EL DINERO SUFlCIENTE PARA CONTRAT A UN ABOGADO, LE PODEMOS DAR IN FORMAC N SOBRE AGENCIAS QUE PROVEEN SERVICIO LEG L A PERSONAS ELEGIBLE PARA SERVICIOS A COSTO RE UCIDO 0 GRA TUlTO. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 -. 800-990.9108 THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IS. U.S.C. t1692, et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF TH ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY(30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LA 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 0 OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTE 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, THI IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 PO BOX 307 SECANE, PA 19018 (610) 328-2887 Attorney ID # 52634 Attorney for Plaintiff Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc. 3476 Stateview Boulevard Fort Mill, SC 29715 COURT OF COMMON PLEAS Cumberland COUNTY Case No: Plaintiff vs. Daniel Lugaro and Doris Lugaro 38 Central Boulevard Camp Hill, PA 17011 Defendants CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAIN D WILL BE USED FOR THAT PURPOSE 1. Plaintiff is Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc., formerly known as Norwest Mortgage, Inc., a bank organized and existing under state law, with offices for the conduct of business at 3476 Stateview Boulevard, Fort Mill, SC 29715. 2. Defendants, Daniel Lugaro and Doris Lugaro are the mortgagors and real owners of premises 38 Central Boulevard, Camp Hill, PA 17011, hereinafter described, whose last known address is listed in the caption. 3. Plaintiff brings this action in mortgage foreclosure against defendants, mortgagors and real owners, to foreclose certain indenture of mortgage made, executed and delivered by the above named defendants, mortgagors and real owners to Har Mortgage Co., A Division of Main Line Bank on July 12, 1996, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1331, Page 759, secured on premises 38 Central Boulevard, Camp Hill, PA 17011 a true and correct description of which is attached hereto as Exhibit I. 4. The mortgage has since been assigned in writing to t plaintiff herein. 5. The said mortgage was modified on December 13, 2002. A copy of the Modification Agreement is attached hereto as Exhi it II. 6. Plaintiff alleges each and every term, condition an covenant in the aforesaid mortgage, and hereby incorporates t em herein by reference thereto. 7. The aforesaid mortgage is in default in that monthl installments of principal and interest have not been made conformity with the terms of the mortgage, from September 1, 2004 and each month thereafter, up to and including the pres nt time. 8. Under the terms of the aforesaid mortgage, upon def ult of payments set forth in the mortgage documents, the entire principal balance and all interest due thereon are collectib e forthwith. 9. The following is an itemized statement of the amount due plaintiff under the terms of the aforesaid mortgage: Principal Balance Interest from 8/01/04 to 4/19/05 At $18.20 per diem Accrued late charges Accrued Escrow deficit Corporate Advances Attorney's fee (5% of unpaid Principal Balance) Title Information Certificate Photostats and Postage Notarizations $102,226. 6 $ 4,768. 0 $ 37. 3 $ 101. 5 $ 1,083. 8 $ 5,111.4 $ 475. 0 $ 50. 0 $ 10. 0 TOTAL $113,863. 6 10. The attorney's fees set forth above are in conform'ty with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff' sale. If the mortgage is reinstated prior to the Sheriff's sale, reasonable attorney's fees will be charged based on wo actually performed. 11. The original principal balance of the mortgaged involved in this action was $105,900.00; therefore this acti 12. The mortgage involved in this action was insured b does not come within the purview of Act 6 of 1974. the Federal Housing Administration; therefore, the mortgagor lS not eligible for the assistance made available through the Homeowner's Mortgage Emergency Assistance Act of 1983. WHEREFORE, plaintiff demands judgment for foreclosure an sale of the mortgaged premises in the amount of $113,863.06, plus per diem interest at $18.20 from April 20, 2005 to the d of judgment plus costs thereon. N ;Martha E. Von Rosenstiel / Attorney for Plaintiff j VERIFICA nON I verify that the statements made in the foregoing documents are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa C.S. Section 4904 relating t unsworn falsification to authorities. E^(: Title: Foreclosure Supervisor LEGAL DESCRIPTION ALL THAT CERTAIN tract ofland situate in the Township of Hampden, County of Cumberland a d State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the Western line of Central Boulevard said point being 200 feet Nort of the Northwest corner ofthe intersection to Church Street and Central Boulevard; thence in a Westerly 'rection along land now or late of Charles E. Nailor 150 feet to a point; thence in a Southerly direction al ng line parallel with Central Boulevard 80 feet to a point; thence in an Easterly direction along land now or nnerly of Fred E. Knackatodt and wife 150 feet to a point on the Westerly line of Central Boulevard; th ce in a Northerly direction along the Westerly line of Central Boulevard 80 feet to a point, the place of be inning. BEING Lot No. 12 and the Northern 30 feet of Lot No. 11, Block "M" Plan of Oakwood Park, as re rded in the Office of the Recorder of Deeds for Cumberland in Plan Book No.2, Page 59. HAVING thereon erected a two story brick and frame dwelling house known as No. 38 Central B Camp Hill, Pennsylvania. Tax Parcel #10-21-0277-292 TITLE TO SAID PREMISES IS VESTED IN Daniel Lugaro and Doris Lugaro, his wife, by De d from Adalm R. Lugaro and Luz Maria Lugaro, his wife, dated 7/1/1996 and recorded 7/17/1996 in De d Book 142, Page 915. .--,-' EXHIBIT :=L ," . .: II HOMJJl MOR'~GAGE ......,. 4680 Hallmark park.way San Bernardino. CA 92407 909-473-6401 Fax LOAN MODIFICATION AGREEMENT LOAN NUMBER: 47~511966 THIS LOAN MODIFICATION AGREEMENT made on December 13, 2002, by an between DANIEL LUGARO and DORIS LUGARO (the "Borrower(s) ") and Wells Fargo Home Mortgage, Inc. (the "Le er") WIT N E SSE T H WHEREAS, Borrower has requested, and Lender has agreed, subject to the following terms and conditions, to a modification in the payment as follows: NOW THEREFORE, in consideration of the covenants hereinafter set forth and of other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, it is agreed as follows (notwithstanding anything to the contrary contained in the Note and Mortgage dated 7/12/1996) : 1. BALANCE. As of December 13, 2002, the amount payable under he Note' and Mortgage (the "Unpaid Principal Balance") is U.S. $ 99,8 6.89. 2. EXTENSION. This agreement hereby modifies the following te s of the Security Instrument described herein above as follows A. The current contractual due date has been extended from 9-01-02. The first modified contractual due date is due on 03/01/ 003. B. The maturity date has been,extended from 08-26 (month/ye r) to 08/01/2026. C. The amount of interest to be capitalized will be U.S. $ 4,234.18. The modified urpaid principal balance is U.S. $ 105,223.61. ;, ',,: D. The borrower promises to'\,ay the unpaid principal balanc pIus interest, to the order of the Lender. Interest wil be charged on the unpaid principal balance of U.S. $ 105,22 .61. The borrower promises to.,ma~e monthly payments of princi al and interest of U.S. $ 728.83, at a yearly rate of 6.500%, not including any escrow deposit, if applicable. If on the maturity date the borrower stilI owes amount under the Note and Security Instrument, as amended by th's Agreement, borrower will pay'these amounts in full on th maturity date. * (If applicable, all scheduled step rate changes accord'ng to your Note and Mortgage will remain unchanged.) LRI7S/BRH/Page 1 ~, ( ., ,- 'EXHI81t :II II - ---... . . 4680 Hallmark Parkway San Bernardino,CA 92407 909-473-6401 Fax Loan Modification Agreement Page 2 of 2 Loan 4723511966 HOM:;:: MOR'~GAGE 3. NOTE AND MORTGAGE. Nothing in this Agreement shall be under tood or construed to be a satisfaction or release, in whole or in part of the Borrower's obligations under the Note or Mortgage. Fu ther, except as otherwise specifically provided in this Agreement, the Note and Mortgage will remain unchanged, and Borrower and Le der wil1 be bound by, and shall comply with, all of the terms an provisions thereof, as amended by this Agreement. TNESS WHEREOF, the parties hereto have executed this Agreem nt date firs above written. \ < }; l Inc., Offi er/ ate LRI75/BRH/2 7J0~ It ~ .~ - ~ 8 ~-v P-- o *=- r ~ [; ~ ~ 1"-,)- (j ~-':,~ C ,,'J1 ..,...,'" :.(., :::'0 rq '" B -'J -...., J.-~ ~;~: Cl "'D . :-< SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-02126 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARAGO BANK NA VS LUGARO DANIEL ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: LUGARO DORIS but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On May 3rd , 2005 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 05/03/2005 MARTHA VON So an~~: . )< ;,~A?~ -~ R. Thomas Kline - Sheriff of Cumberland County .;- "..-.-- ROSENSTIEL Sworn and subscribed to before me this q~ '] ,/ ."",Ot?<, day of ~ A.D. I \ , Q 1M ~ i.l..J ..I; '" j -' 11/... ~ ' ; Y Prothonotary' SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-02126 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARAGO BANK NA VS LUGARO DANIEL ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT . to wit: LUGARO DANIEL but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On May 3rd , 2005 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin County Postage So answers: 7 6.00 9.00 10.00 37.25 .37 62.62 05/03/2005 MARTHA VON ;:;-;;--4C'_ ~:~"~"? R.' Thomas Kline Sheriff of Cumberland County ROSENSTIEL Sworn and subscribed to before me this ~ q~ day of J~ lov <; "' ( L," 7 J A.D. o 'n.,;;P" ~ Prothonotary SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-02126 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARAGO BANK NA VS LUGARO DANIEL ET AL 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 LUGARO DORIS but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , LUGARO DORIS 38 CENTRAL BLVD CAMP HILL, PA 17011 DEFENDANT DOES NOT LIVE AT 38 CENTRAL BLVD CAMP HILL Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 So answe:t:s,'--~ . ..' . .) .' ) . p~/-//~~--/ R. Thoma~e Sheriff of Cumberland County MARTHA VON ROSENSTIEL 05/03/2005 Sworn and subscribed to before me .., (1- this day o~ :1 (}o~A.D. ( . ,-(2 fM.:PI",~ Froth notary SHERIFF'S RETURN - REGULAR CASE NO: 2005-02126 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARAGO BANK NA VS LUGARO DANIEL ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LUGARO DANIEL the DEFENDANT , at 2110:00 HOURS, on the 29th day of April 2005 at 38 CENTRAL BLVD CAMP HILL, PA 17011 by handing to DANIEL LUGARO a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 10.36 .00 10.00 .00 38.36 So Answers: r~};JC::?<~~ p::;,"? R. Thomas Kline day of 05/03/2005 MARTHA VON ROSENSTIEL ~C-=~b,^+ \~ If Deputy Sheriff Sworn and Subscribed to before '-? me this '1- lhiuf/ ,:k'O r _ A.D. L~ a thdlt", ~ Fr thonotary . In The Court of Common Pleas of Cumberland County, Pennsylvania Wells Fargo Bank NA VS. Daniel Lugaro et al Daniel Lugaro No. 05-2126 civil SERVE : Now, April 25. 2005 , I, SHERlFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. r~~ Sheriff of Cumberland County, PA Affidavit of Service Now, ,20 , at 0' clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ In The Court of Common Pleas of Cumberland County, Pennsylvania Wells Fargo Bank NA VS. Daniel Lugaro et al SERVE: NO. 05-2126 civil Coris Lugaro Now, April 25, 2005 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~~~ Sheriff of Cum berland County, P A Affidavit of Service Now, , 20_, at o'clock M. served the within upon at by handing to a copy of the original and made mown to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ @ttice of tlrp ~4priff William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 tille (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania WELLS FARGO BANK NA vs County of Dauphin LUGARO DANIEL Sheriff's Return No. 0747-T - -2005 OTHER COUNTY NO. 05-2126 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for LUGARO DANIEL the DEFENDANT named in the within COMPLAINT IN MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, April 29, 2005 DEFENDANTS HAVE FILED BANKRUPTCY BK1-04-06021 Sworn and subscribed to So Answers, JK~ before me this 29TH day of APRIL, 2005 Sheriff of Dauphin County, Pa. ~cdJ By NOTARIAL SEAL MARY JANE SNYDER. Notary Public Highspire, Dauphin County My Commission Expires Sept 1,2006 Deputy Sheriff Sheriff's Costs:$37.25 PD 04/26/2005 RCPT NO 206253 @ffice of tlrp ~4priff William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania WELLS FARGO BANK NA vs County of Dauphin LUGARO DANIEL Sheriff's Return No. 0747-T - -2005 OTHER COUNTY NO. 05-2126 I, Jack Lotwick. Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry forLUGARO DORIS the DEFENDANT named in the within COMPLAINT IN MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, April 28, 2005 DEFENDANTS HAVE FILED BANKRUPTCY BK1-04-06021 Sworn and subscribed to ji:p before me this 29TH day of APRIL, 2005 Sheriff of Dauphin County, Pa. ~A/ By NOTARIAL SEAL MARY JANE SNYDER. Notary Public Highspire, Dauphin County My Commission Expires Sept I, 2006 Deputy Sheriff Sheriff's Costs:$37.25 PD 04/26/2005 RCPT NO 206253 #16574-TM v\ Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney LD. #52634 Attorney for Plaintiff RECEIVED OCT 1 0 200~ Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc. 3476 Stateview Boulevard Fort Mill SC 29715 PLAINTIFF : COURT OF COMMON PLEAS : Cumberland COUNTY : NO: 05-02126 Civil Term VS. Daniel Lugaro and Doris Lugaro 38 Central Boulevard Camp Hill, PA 17011 DEFENDANTS ORDER AND NOW, this rz,. day of t1..h..,. ,2005, upon consideration ofPlaintitrs Motion and the Affidavit of Reasonable Investigation attached thereto, it is hereby ORDERED that plaintiff may obtain service of the Complaint and all subsequent notices on DORIS LUGARO by mailing a true and correct copy of the Complaint and all subsequent notices by certified mail and regular, first class mail at the last known address of 38 Central Boulevard, Camp Hill, P A 17011 as well as by posting the property address of38 Central Boulevard, Camp Hill, PA 17011. BY THE COURT: I) , G-5 10'1 t- AiL J. /() v .~ ~j: ..:> '-/ /''''r ";"'y., "7:'-;> '"'!? #16574 TM Martha E. Von Rosenstiel, P.C. Attorney for Plaintiff Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 610328-2887 Attorney I.D.# 52634 Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc. COURT OF COMMON PLEAS Cumberland COUNTY Plaintiff vs. Case No: 05-02126 Civil Term Daniel Lugaro and Doris Lugaro 38 Central Boulevard Camp Hill, PA 17011 Defendant( s) PRAECIPE TO REINST ATE COMPLAINT IN MORTGAGE FORECLOSURE To the Prothonotary: Kindly reinstate the Complaint in Mortgage Foreclosure in the above matter. /' Martha E. Von Rosenstiel Attorney for Plaintiff DATED: October 21,2005 ( ) ~--~l . ~~.~ \ :1 r~.. SHERIFF'S RETURN - REGULAR CASE NO: 2005-02126 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARAGO BANK NA VS LUGARO DANIEL ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LUGARO DORIS the DEFENDANT , at 1825:00 HOURS, on the 3rd day of November, 2005 at 38 CENTRAL BLVD CAMP HILL, PA 17011 by handinq to POSTED PROPERTY AT 38 CENTRAL BLVD, CAMP HILL a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Posting So Answers: 18.00 13.44 .00 .00 6.00 37.44 "J"~ ~;-- (.~_.~ ?1(,~ .-),5f:;:j.,;"~//' . (, . ~ "~:" ,', , R. Thomas Kline 11/04/2005 MARTHA VON ROSENSTIEL Sworn and Subscribed to before By: . -;y1j; . t?puty Sherl ~ me this Ii"'" day of ~ "~>~.D t},S rot ary #16574-TM .. ., Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 610 328-2887 Attorney 1.0.# 52634 Attorney for Plaintiff Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc. 3476 Stateview Boulevard Fort Mi11,SC 29715 Plaintiff vs. Daniel Lugaro and Doris Lugaro 38 Central Boulevard Camp Hill, PA 17011 Defendant COURT OF COMMON PLEAS Cumberland COUNTY Case No: 05-02126 Civil Term CERTIFICATION OF SERVICE MARTHA E. VON ROSENSTIEL, Esquire, hereby certifies that she is the attorney for the plaintiff here, and that service of the Civil Action in Mortgage Foreclosure in the above matter was made on the defendant, Doris Lugaro, pursuant to the Court Order by certified mail and by regular mail on November 16.2005. This verification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to ",'w,'" [,',ifi"tioo <0 ",",,,,,"" I'-- J I I ~artha E. Von Rosenstiel ,f..ttorney for Plaintiff I DATED: December 19,2005 0.....00 ,.. Affix fee hen: li/ sllnnps Or meter postag""d .. Post marl<. In,guOfN/7to Postmaster f~ cenft d'~ fees. ~ ~ fl i~') ) ~ 01'" .en z." III ~ 0 OJ ~ ~ ~ ~I~ 00 VI VI .- ., U.S. Postal Service", CERTIFIED MAIL" RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) IT" o ;;t" o Ul .-=i IT" rn ICtA-'L USE Postage $ ,\b " ('\,~ r"t .,' pos~ ' \ 0. ~'" I I ~ ),; \/J..' , /.<, .,t"~0"'f , ~., ':;}/ ~'-..- .~.~ ;;t" o D Retum Aeclept Fee o (Endorsement Required) o Restricted Delivery Fee LI1 (Endorsement Required) f'- o Certified Fee ;;t" o o f'- Tolal Postage & Fees US,POSTALSERVICE CERTIFICATE OF MAILING MA Y BE USED FOR DOMESTIC AND INTERNA TIONAL MAt~. DOES NOT PROVIDE FOR INSVRANCE-POSTMASTER t Received From )j MARTHA VON ROSENSTlEL, P.C, 649 SOUTH A VENUE UNIT 7 SECANE, PA 19018 One piece of ordinary mail addressed 10: 'to\{\ s / '. ~<i IF ., PSForm3817,MarI9Y\D'Sl-4 - -rN\(~9 - . CJ ....j 0 c;:::.1 C C~~~ -n t;.n rJ .-1 ~- r"'l rl"1F " -T.1G I'" .Oi" ,1..._" C:.> .. , , ~-;~ ~l r.') --c~ f:'? -> I n . I tV ~---.., -' .- - . #16574-TM Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney I.D.# 52634 Attorney for Plaintiff Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc. 3476 Stateview Boulevard Fort Mill SC 29715 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 05-02126 Civil Term vs. Daniel Lugaro and Doris Lugaro 38 Central Boulevard Camp Hill, PA 17011 Defendants PRAECIPE TO THE PROTHONOTARY: Enter judgment in the sum of$118,849.86 in favor of the above named plaintiff and against the above named defendants for failure to file an answer in the above action in Mortgage Foreclosure within twenty (20) days from date of service of the Civil Action, and assess damages. I hereby certify that the correct addresses of plaintiff and defendants are as follows: Plaintiff: 3476 Stateview Boulevard Fort Mill, SC 29715 Defendants: 38 Central Boulevard Camp Hill, PA 17011 *artha E. Von Rosenstiel Attorney for Plaintiff I . Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney LD.# 52634 Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc. 3476 Stateview Boulevard Fort Mill, SC 29715 Plaintiff vs. Daniel Lugaro and Doris Lugaro 38 Central Boulevard Camp Hill, PA 17011 Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 05-02126 Civil Term ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess damages against the above named defendants as per Civil Action in Mortgage Foreclosure, as follows: Total per complaint Additional interest on unpaid balances from 4/20/05 to 1118/06 at $18.20 per diem Total assessment AND NOW, to wit, this ':<3fL~~y of.J~ $113,863.06 $ 4,9 .80 $118,8 9.86 Martha E. Von Rosenstiel Attorney for Plaintiff , 2006, damages are assessed as above. (!~ /Pro Proth . Martha E. Von Rosenstiel, P .C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney LD.# 52634 Attorney for Plaintiff Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc. 3476 Stateview Boulevard Fort Mill SC 29715 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 05-02126 Civil Term vs. Daniel Lugaro and Doris Lugaro 38 Central Boulevard Camp Hill, P A 17011 Defendants CERTIFICATION OF SERVICE MARTHA E. VON ROSENSTIEL, ESQUIRE, hereby certifies that she is the attorney for the plaintiff herein, and that service of the Notice under Rule 237.5 in the above matter was made on the defendants on December 20, 2005, as evidenced by the attached postal receipts. This verification is made subject to the penalties f 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Martha E. Von Rosenstiel, Esquire Attorney for Plaintiff DATED: January 18,2006 ~ Mdrthd E. Von Rosenstiel, P.C. Mdrthd ~. Von Rosenstiel G4Y ~outh Avenue, Unit 7 I'.D. !lox 307 ::"c,,'ne, PA 19018 G] 0328-2887 Attorney I.D.# 52634 Wells fargo Bank, N.A., successor by merger to Wells fargo Home Mortgage, Inc. 3476 Stateview Boulevard fort Mill, SC 29715 Plaintiff vs. Daniel Lugaro and Doris Lugaro 38 Central Boulevard Camp Hill, PA 17011 Defendant(s) #16574-TMCl;:D Attorney for Plaintiff ::DNS ~~=.:) \<:~) [pJ'i1 COURT OF COMMON PLEAS CUMBERLAND COUNTY Case No: 05-02126 Civil Term SCANNED DEe 3 0 2005 TO: Daniel Lugaro and Doris Lugaro 38 Central Boulevard Camp Hill, PA 17011 Date of Notice: December 20, 2005 IMPORTANT NOTICE .....a-~... ~(l\(lo Affix ~~re Tn s&mps CERTlFICA TE OF MAILING Or meThr .l!ostage lIld us POSTAL SERVICE ANDINTERNATlONAL MAIL. DOES NOT Post mark~nquire of MAYBE USED lNFO:~~~~OSTMASTER __ v-ri_ . postmilstdi:lW current PROVIDE FOR /'" ~- :--" fees. 5 0 J ' I //--- '- '. _ ~. ~ Received From: 1..."/ "~ \() \ -" One piece of ordi1.ary mail addressed to: ~o' ~ 20 '!l' , TO' D~niAII "9<1rn <Inri nnri~ I 'Igaro 'I 38 Central Boulevard ~ ;;: ~ vamp rilll, PA 110 II , \\& PS Form 3817. Mar, 1989 r'vv-- C)o? ~T ONCE. IF YOU DO NOT SET FORTH BELOW. THIS [RING A LAWYER. ',S OFFICE MAY BE ABLE TO THAT MAY OFFER LEGAL ~ NO FEE. ION ~ I NON-MILITARY AFFIDAVIT STATE OF South Carolina SS COUNTY OF York RE: Steven Patrick , deposes and says: 1. That I am employed by the Plaintiff herein as servicer of the mortgage. 2. That the captioned individual(s} are the owners of the premises described in the mortgage or deed of trust. 3. That the collection procedures of the Plaintiff are designed to discover facts concerning the titleholder's occupations and military status. 4. That said procedures were followed in connection with the current delinquency. 5. That, on information and belief, captioned titleholders are not incompetent or in any branch of the military service. 6. This verification is made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. K.~k Steven Patrick, Vice President Loan Documentation -p ~ -lI::l... G \. ...0 ~,,'" '3- ~ \> :-::\ \J c.- - - ~ 1.1, ~ ...? ."..-- ...a ~ " .- c-,,> W ...t;) ('\ ~ - \J-> \ \) --t n c" ~ 1- ~ -X: ~ r ; OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS ONE COURTHOUSE SQUARE CARLISLE, PA 17013 To: Daniel Lugaro and Doris Lugaro 38 Central Boulevard Camp Hill, PA 17011 Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc. v. Docket# 05-02126 Civil Term Daniel Lugaro and Doris Lugaro Notice Pursuant to Rule 236 of the Supreme Court of Pennsylvania. you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. fl~ xxx Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings If you have any questions concerning this notice, please call: Attorney: Martha E. Von Rosenstiel, Esquire at this telephone number: 610-328-2887 PRAECIPE FOR WRIT OF EXECUTION COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc. v. NO. 05-02126 Civil Term Daniel Lugaro and Doris Lugaro Praecipe for Writ of Execution TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: AMOUNT DUE INTEREST from 1/19/06 to SALE DATE At $18.20 per diem (Costs to be added) , I , $118,849.86 $ 2,548,00 $ Martha E, Von Rosenstiel rttorney for Plaintiff ;::::J ~ \ ~ ~ ~<Q.. ~~ --.. "1 C> ~ -- ....:z ~ C> (tI ~ -(:j (JJ ~ l'~ ~ - &J "t'> r --t. e. +- hf l:1 ~ p.... 9-J ..tl.l.. <rt \.) V\ Io\J ..... 6"- ~~..... ~ ~ 111 ~ '" N :-. ~ ."'-.' ", i...' -l:: 111 \} lrt .c. 0 f' 0 W ., ~(1 C\ . >" ~ C> ~ \) ~ D ]v () r- \) \ I I \ ~"._' \ I I ~-~ r....:: c:- , ~ " . ~P-- : , "- . ::: . , -:: . . - ~ ~ :~ C~i . ~ ... ... - . WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-2126 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N,A., SUCCESSOR BY MERGER TO WELLS FARGO HOME MORTGAGE, INC., Plaintiff (s) From DANIEL LUGARO AND DORIS LUGARO (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee. you are directed to notify him/her that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $118,849,86 L.L. $.50 Interest FROM 1/19/06 TO SALE DATE AT $18.20 PER DIEM - $2,548.00 Atty's Comm % Due Prothy $1.00 Atty Paid $257,42 Plaintiff Paid Date: JANUARY 23, 2006 Other Costs (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name MARTHA E. VON ROSENSTIEL, ESQUIRE Address: 649 SOUTH AVENUE, UNIT 7 P.O.BOX 307 SECANE, PA 19018 Attorney for: PLAINTIFF Telephone: 610-328-2887 Supreme Court ID No. 52634 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the Western line of Central Boulevard said point being 200 feet North of the Northwest corner of the intersection to Church Street and Central Boulevard; thence in a Westerly direction along land now or late of Charles E. Nailor 150 feet to a point; thence in a Southerly direction along line parallel with Central Boulevard 80 feet to a point; thence in an Easterly direction along land now or formerly of Fred E. Knackatodt and wife 150 feet to a point on the Westerly line of Central Boulevard; thence in a Northerly direction along the Westerly line of Central Boulevard 80 feet to a point, the place of beginning. BEING Lot No. 12 and the Northern 30 feet of Lot No. 11, Block "M" Plan of Oakwood Park, as recorded in the Office of the Recorder of Deeds for Cwnberland in Plan Book No.2, Page 59. HAVING thereon erected a two story brick and frame dwelling house known as No. 38 Central Boulevard, Canlp Hill, Pennsylvania. Tax Parcel #10-21-0277-292 TITLE TO SAID PREMISES IS VESTED IN Daniel Lugaro and Doris Lugaro, his wife, by Deed from Adalin R. Lugaro and Luz Maria Lugaro, his wife, dated 7/1/1996 and recorded 7/17/1996 in Deed Book 142, Page 915. - Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney 1.D.# 52634 Attorney for Plaintiff Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc. 3476 Stateview Boulevard Fort Mill SC 29715 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 05-02126 Civil Term vs. Daniel Lugaro and Doris Lugaro 38 Central Boulevard Camp Hill, PA 17011 Defendants AFFIDAVIT OF NOTICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA: ss COUNTY OF DELA WARE MARTHA E. VON ROSENSTIEL, attorney for the 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 38 Central Boulevard, Camp Hill, P A 170 II. I. Name and address of owners( s) or reputed owner( s) Daniel Lugaro 38 Central Boulevard Camp Hill, PAl 7011 Doris Lugaro 38 Central Boulevard Camp Hill, P A 17011 2. Name and address of defendant(s) in the judgment: Daniel Lugaro 38 Central Boulevard Camp Hill, PA 17011 Doris Lugaro 38 Central Boulevard Camp Hill, PA 17011 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Shipley Energy Company 550 East King Street P.O. Box 946 York,PA 17405 Equity One, Inc. C/o Milstead & Associates, LLC 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 4. Name and address of the last recorded holder of every mortgage of record: Equity One, Inc. 400 Lippincott Drive Marlton, NJ 08052 5. Name and address of every other person who has any record lien on the property: Township of Hampden 230 South Sporting Hill Road Mechanicsburg, P A 17055 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: NONE 7. Name and address of every other person of whom plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 Cumberland County Register of Wills County Courthouse Carlisle, PA 17013 Attorney General of the United States c/o Assistant Attorney General, Tax Division U.S. Department of Justice Post Office Box 227 Washington, DC 20044 P A Department of Revenue Inheritance Tax Bureau Strawberry Square, 11 th Floor Harrisburg, PA 17128-1100 - Family CourtlDomestic Relations Office One Courthouse Square Carlisle, P A 17013 Bureau of Compliance Clearance Support Section/ATTN: Sheriffs Sale Dept. 281230 Harrisburg, PA 17129-1230 Dept. of Public Welfare Box 2675 Harrisburg, PA 17105 OCCUPANTS/TENANTS 38 Central Boulevard Camp Hill, P A 17011 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. Section 4904 relating to unsworn falsification to authorities. M~rtha E. Von Rosenstiel A~orney for Plaintiff l ~ , -' C_ f.'1 ~. .. C/:: ~ Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney I.D.# 52634 Attorney for Plaintiff Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc. 3476 Stateview Boulevard Fort Mill, SC 29715 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 05-02126 Civil Term vs. Daniel Lugaro and Doris Lugaro 38 Central Boulevard Camp Hill, PA 17011 Defendants THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Daniel Lugaro and Doris Lugaro 38 Central Boulevard Camp HilI, P A 17011 Your house and/or real estate at 38 Central Boulevard, Camp Hill, PA 17011 is scheduled to be sold at Sheriffs Sale on June 7, 2006 at 10:00 a.m. to enforce the court judgment of $118,849.86 obtained by Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc. against you. NOTICE OF OWNERS 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 Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc. the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call (610) 328-2887. 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 contact 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 bid price by calling (610) 328-2887. 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 the 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 (610) 328-2887. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a 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 on a date to be announced by the Sheriff. 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 Schedule of Distribution is posted. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 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. CUMBERLAND COUNTY BAR ASSOCATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (800) 990-9108 (717) 249-3166 , CLAIM FOR EXEMPTION To the Sheriff: I, the above named defendant, claim exemption of property from levy or attachment: (I) From my real property in my possession which has been levied upon, (a) I desire that my $300.00 statutory exemption be set-aside in kind (specify real property to be set-aside in kind): I request a prompt court hearing to determine the exemption. Notice of the hearing should be given to me at (Address) (Telephone Number) I verify that the statements made in this Claim for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: Signature THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 717240-6391 I ( LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the Western line of Central Boulevard said point being 200 feet North of the Northwest comer of the intersection to Church Street and Central Boulevard; thence in a Westerly direction along land now or late of Charles E. Nailor ISO feet to a point; thence in a Southerly direction along line parallel with Central Boulevard 80 feet to a point; thence in an Easterly direction along land now or formerly of Fred E. Knackatodt and wife ISO feet to a point on the Westerly line of Central Boulevard; thence in a Northerly direction along the Westerly line of Central Boulevard 80 feet to a point, the place of beginning. BEING Lot No. 12 and the Northern 30 feet of Lot No. 11, Block "M" Plan of Oakwood Park, as recorded in the Office of the Recorder of Deeds for Cumberland in Plan Book No.2, Page 59. HAVING thereon erected a two story brick and frame dwelling house known as No. 38 Central Boulevard, Camp Hill, Pennsylvania. Tax Parcel #10-21-0277-292 TITLE TO SAID PREMISES IS VESTED IN Daniel Lugaro and Doris Lugaro, his wife, by Deed from Adalin R. Lugaro and Luz Maria Lugaro, his wife, dated 7/1/1996 and recorded 7/17/1996 in Deed Book 142, Page 915. ..... t.) -,-) c- r-.::- (,,'. #16574-TM Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney LD.# 52634 Attorney for Plaintiff Ie Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc. 3476 Stateview Boulevard Fort Mill SC 29715 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 05-02126 Civil Term vs. Daniel Lugaro and Doris Lugaro 38 Central Boulevard Camp Hill, PA 17011 Defendants AFFIDAVIT OF SERVICE OF NOTICES PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF DELA WARE MARTHA E. VON ROSENSTIEL, attorney for the plaintiff in the above action, hereby certifies that service of the Notice under Rule 3129.1, in the above matter was made on the defendant, Doris Lugaro Pursuant to Court order dated October 12, 2005 and on all interested parties, set forth below, by regular first class mail, postage prepaid, as evidenced by the attached certificates of mailing: 1. Name and address of owners( s) or reputed owner( s) Doris Lugaro COURT ORDERED POSTING 11/3/05. 38 Central Boulevard Camp Hill, PAl 70 II 2. Name and address of defendant(s) in the judgment: Doris Lugaro COURT ORDERED POSTING 11/3/05. 38 Central Boulevard Camp Hill, PAl 70 II 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Shipley Energy Company V 550 East King Street P.O. Box 946 York, PA 17405 Equity One, Inc. j C/o Milstead & Associates, LLC 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 4. Name and address of the last recorded holder of every mortgage of record: Equity One, Inc. 400 Lippincott Drive Marlton, NJ 08052 J 5. Name and address of every other person who has any record lien on the property: Township of Hampden j 230 South Sporting Hill Road Mechanicsburg, P A 17055 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: Cumberland County Tax Claim Bureau I 1 Courthouse Square Carlisle, PAl 70 13 Cwnberland County Register of Wills I County Courthouse Carlisle,PA 17013 Attorney General of the United States j c/o Assistant Attorney General, Tax Division U.S. Department of Justice Post Office Box 227 Washington, DC 20044 .; P A Department of Revenue Inheritance Tax Bureau Strawberry Square, II th Floor Harrisburg, P A 17128-1100 I Family Court/Domestic Relations Office One Courthouse Square Carlisle, PA 17013 Bureau of Compliance J Clearance Support Section/ATTN: Sheriffs Sale Dept. 281230 Harrisburg, PA 17129-1230 Dept. of Public Welfare J Box 2675 Harrisburg, PA 17105 OCCUPANTS/TENANTS J 38 Central Boulevard Camp Hill, PA 17011 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. Section 4904 relatinr to unsworn falsification to authorities. "',,-,--- J 1 '~--~.__.. , ___.n__ ~---- - Martha E. Von Rosenstiel fttorney for Plaintiff "'" CI CJ Aatum Rece\p\ Fee c:J (EfldoTsemero\ Required) c::J Restricted oeliVerv.Fee ,...:! (Endorsement ReqUired) ______ --- ~ iotal Pos,ageb~rt~ ~tl9arO l.O en ra ou evar g ed CampHi\I;~PA~.17l}14 S,oil( ~ ,. ~:~~j;+4 ~"'d""'W""'~~'~'d'U'U"'d'UU"'U"'dP;'d postage $ Celt\f1oo F69 ,;./ '. \ pM\ma1'lt \ 1.~ere ' i :o.l " U.S POSTAL SERVICE CERTIFICATE OF MAILING MAYBE USED FOR DOMESTIC AND lNTERNA TIQNAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Rece~ed From: I MARTHA VON ROSENSTIEL, P:C:-. 649 SOUTH A VENUl1-' ./- -<' UNIT 7 I .~", . SECANE, PA 19018; /j' One piece of ordinary mail addressed to: \. \ \.,' /,1 /, ,I .' Doris Lugaro 38 CeRtral BoYhl'lard Camp Hill, PA.17011 . ..-------..... PS Form 3817, Mar.1989 ~5 ~, ()O <l U;('~,'ll. 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DOES N01' PROVIDE FOR INSURANCE-POSTMASTER Received From: MARTHA VON ROSENSTIEL, f.e. 649 SOUTH AVENUE UNIT 7 SECANE, PA 19018 One piece of ordinary mail addressed to: "~f',/. / Equity One Inc. c/o Milstead & Assu"iales, LLC. 220 Lake Drive East, Ste. 301 Cherry Hill, NJ. 08002 PS Form 3817, Mar. 1989 :Nlq ~~ iJj ..)v, ~ffit tit h6re in stamps ror"-me~r _~stage and PO!l"m~ Inquire of I P~Jor current 'fe'lO ~u~ ~t " ), ,.rOII) ) ".- tn. Il~ \' ~ ':>. . ': ""ill I _~ n1 C1~e 'll :'/1 .-Jt. _I 0"- ~J,~I .-Jt.CIN ';>;i;t"y... "'>;-J 10 -, ,\ " c #16574-TM Martha E. Yon Rosenstie1, P.C. Martha E. Von Rosenstie1 649 South Avenue, Unit 7 Secane,PA 19018 610328-2887 Attorney I.D.# 52634 Attorney for Plaintiff Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc. 3476 Stateview Boulevard Fort Mill, SC 29715, COURT OF COMMON PLEAS Cumberland County Plaintiff Case No: 05-02126 Civil Term vs. Daniel Lugaro and Doris Lugaro 38 Central Boulevard Camp Hill, PA 17011 Defendants PETITION FOR COURT PERMISSION TO REASSESS DAMAGES TO THE HONORABLE JUDGES OF THE SAID COURT: The petition of Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc. respectfully represents: 1. Foreclosure proceedings were started by filing a Complaint in Mortgage Foreclosure on 4/22/2005 under the above captioned term and number. At the time of the filing of the Complaint, the defendants were delinquent for the 9/1/2004 payment and subsequent payments. 2. No answer having been filed to the Complaint, a default judgment was obtained on 1/23/2006, damages were assessed, (Exhibit I), and the property was scheduled for Sheriffs. 3. In the months between the filing of the mortgage foreclosure complaint and the present, mortgagors have not made payments. 5. During the months between the filing of the mortgage foreclosure Complaint and the present, additional mortgage payments have become due, and the amount of interest, late charges, reimbursement for escrow advances and attorney's fees and costs has increased. 6. The present state of the delinquency is as follows: Principal balance $102,226.76 Interest from 08/01/04 to 08/29/06 at $18.20 per diem Corporate advances $ 13,813.80 $ 37.03 $ 7,692.48 $ 6,698.57 $ 300.00 $130,768.64 Accrued late charges Escrow deficit Attorney's fees Total WHEREFORE, plaintiff respectfully prays that the Court issue an Order permitting reassessment of damages in accordance with the above statement, plus itemized per diem interest from 08/01/04 at $18.20 per diem to the date of reassessment and current costs of the suit. artha E. Von Rosenstiel Attorney for Petitioner Martha E. Yon Rosenstiel, P.c. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 Secane, PA 19018 610 328-2887 Attorney LD.# 52634 Attorney for Plaintiff Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc. 3476 Stateview Boulevard Fort Mill, SC 29715, COURT OF COMMON PLEAS Cumberland County Plaintiff Case No: 05-02126 Civil Term vs. Daniel Lugaro and Doris Lugaro 38 Central Boulevard Camp Hill, P A 17011 Defendants MEMORANDUM OF LAW Under Rule 1037 (b) the Prothonotary is authorized to enter a default judgment when the Complaint sets forth exact amounts, which defendants owe, if they fail to answer the Complaint within the prescribed time. In the instant case, damages were assessed by the Prothonotary. However, the assessment has been outdated by the lapse of time. In the intervening months since the original assessment of damages, the defendants have made no payments but additional interest and late charges have accrued, and plaintiff has expended funds for taxes, insurance and attorney's fees and costs. The defendants have used the mortgage premises since their default of 9/1/2004 without reinstating their account. Petitioner in order to protect its investment was required to pay any tax and insurance premIums. In paragraph 7 of the attached petition, plaintiff has itemized the amounts, which it seeks to recover by the reassessment of damages in this proceeding, and thereby has submitted them to the scrutiny of this court. Rule 1027 (c) sanctions this procedure. See also 2 Goodrich Amram, Standard Pennsylvania Practice, Rule 1037 (c):1 (page 485). Respectfully submitted, artha E. Von Rosenstiel ttomey for Plaintiff VERIFICATION MARTHA E. VON ROSENSTIEL, ESQUIRE, of full age, verifies that she is the attorney for the plaintiff in the foregoing action; that she is authorized to make this verification on behalf of the plaintiff; and that she is fully familiar with the facts in this matter; that she has prepared the foregoing Petition for Court Permission to Reassess Damages in Mortgage Foreclosure Action from the facts which are her own personal knowledge, and that the facts are true and correct to the best of her knowledge, information and belief. This verification is being executed by the attorney for plaintiff in accordance with Pa R.C.P. (1024) as plaintiff could not obtain a signed verification within the time allowed for filing this petition. I understand that false statements herein are mad subject to penalties of 18 Pa C.S. Section 4904 to unsworn falsification to authorities. l \0 (St4 C~:J ON(:.) .- \ W\ .. #16574-TM Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney I.D.# 52634 Attorney for Plaintiff Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc. 3476 Stateview Boulevard Fort Mill SC 29715 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 05-02126 Civil Term vs. Daniel Lugaro and Doris Lugaro 38 Central Boulevard Camp Hill, P A 17011 Defendants ~2 ,......., '~,:':":') ...:- ~::) ~.. .... C- :-;.:"" ...,l....- ~ .-1 ;:~~.!~ PRAECIPE \'.) W TO THE PROTHONOTARY: D' '-"( ~:;'- ~-'~ Enter judgment in the sum of$118,849.86 in favor of the above named plaintitI~d .2c against the above named defendants for failure to file an answer in the above action in Mortgage Foreclosure within twenty (20) days from date of service of the Civil Action, and assess damages. I here by certify that the correct addresses of plaintiff and defendants are as follows: .J Plaintiff: 3476 Stateview Boulevard Fort Mill, SC 29715 Defendants: 38 Central Boulevard Camp Hill, PA 17011 Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South A venue, Unit 7 P.O. Box 307 Secane, P A 19018 (610) 328-2887 Attorney I.D.# 52634 Attorney for Plaintiff Wells Fargo Bank, N.A., successor by merger: to Wells Fargo Home Mortgage, Inc. 3476 Stateview Boulevard Fort Mill, SC 29715 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 05-02126 Civil Term vs. Daniel Lugaro and Doris Lugaro 38 Central Boulevard Camp Hill, PA 17011 Defendants ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess damages against the above named defendants as per Civil Action in Mortgage Foreclosure, as follows: Total per complaint Additional interest on unpaid balances from 4/20/05 to 1/18/06 at $18.20 per diem $113,863.06 T ota! assessment Martha E. Von Rosenstiel Attorney for Plaintiff .., ') (1..d J AND NOW, to wit, this..,(j day of Jv , 2006, damages are assessed as above. ~I~~~ . Pro Proth. . . ' #16574-TM Martha E. Von Rosenstiel, P.e. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 Secane, PA 19018 610328-2887 Attorney I.D.# 52634 Attorney for Plaintiff Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc. COURT OF COMMON PLEAS Cumberland County Plaintiff vs. Case No: 05-02126 Civil Term Daniel Lugaro and Doris Lugaro Defendant CERTIFICATION OF GOOD FAITH I, MARTHA E. VON ROSENSTIEL, ESQUIRE, attorney for the Plaintiff, hereby certify that I have made a good faith effort to give all parties affected by this Motion notice which was sent by ha E. Von Rosenstiel A orney for Petitioner Overnight mail, postage prepared on 8/29/2006 , upon the following p Daniel Lugaro and Doris Lugaro 38 Central Boulevard Camp Hill, P A 17011 Dated: August 29,2006 MARTHA E. YON ROSENSTIEL, P.C. ATTORNEY AT LAW 649 SOUTH AVENUE, SUITE 6 SECANE, PA 19018 Martha E. Von Rosenstiel, Esquire Leslie 1. Rase, Esquire Phone: (610)328-2887 Fax: (610) 328-2649 August 29, 2006 Daniel Lugaro and Doris Lugaro 38 Central Boulevard Camp Hill, P A 17011 RE: Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc. vs Daniel Lugaro and Doris Lugaro Docket #: 05-02126 Civil Term Our File: 16574-TM Dear Sir/Madam: Enclosed herewith please find a copy of the Motion to Reassess Damages on the above captioned matter which was sent to be filed by the Courts. Very truly yours, Leona Holland Leona Holland Ilh ~ ;r @ C n ~ ~ ...... ~ "-'I .j>. i 't~ ~ ~ o o '" -t ~ t:l:l E z o ~ 'tl ------- ---- ----- -------- ---- ---- ~ ~ "I ~ \C I ~ ~ CI) ::r: ~WtiO\ti:; oo~9~~ -w-O ~~~~.. ~~t'""Nt'"" :>CooC ::5 ~~~~ l:""400 0 l:""4 p; ~ ~ ~~8 8 jlll""~c: c: ~ tiCJ:l CJ:l "-l t'"" t'"" o C C C) 52 ~ :> ~ ~ ~ 0 t/.l0\~0\!;j ~~~OO it/.l:;j~~ /IlOs=ClO ~~F'l~5 :O~C3~~ er=z:",c 00 '" o t/.l ~ ~ J!l ." () ~ .... o 'T.I .... 1"-.' (::::> <.;.'~'.) ...-..:.;....... ::0;"" (~:-: ;~~.) ~ -i :r:..,., n1~ "l\~~ -(~: \.-' ..~~ ~~) C.,) C) ;~ -~.; \.0 C) C', ~2 (') :'~hl :..;:. :!t #16574- TM Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South A venue, Unit 7 Secane,PA 19018 610 328-2887 Attorney I.D.# 52634 Attorney for Plaintiff RE EIVED AUG 3 0 2006 BY: Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc. 3476 Stateview Boulevard Fort Mill, SC 29715, COURT OF COMMON PLEAS Cumberland County Plaintiff Case No: 05-02126 Civil Term vs. Daniel Lugaro and Doris Lugaro 38 Central Boulevard Camp Hill, PA 17011 Defendants ORDER And Now to wit this .s~ day of 4"~ , 2006 that upon consideration of the Petition to Reassess Damages in Mortgage Foreclosure in the above matter, it is ORDERED that plaintiff be permitted TO REASSESS DAMAGES in the above matter to reflect additional interest, late charges, escrow advances and fees and costs incurred since the original assessment of damages was filed on 1/23/2006. Said reassessment is to be in the amount of $130,768.64 as set forth in the Petition herein, plus itemized per diem interest at $18.20 from 08/30106 to date of sale. BY THE COURT: {~t f l' tj p~ ~ Vif\i\i/,,-!,',S!'\,\j=1-.I UNr'r"""~~" ,~.~' ,'<.,,1_ I 1 h,... (. ~"?V~na OS :8 !'ld S- d3S 9flOZ I ""'1' 0"'(\,',,' , , ': -j ::lHl .10 AOt Illv ".'-'~'\....I ;J 3~J!J~C:i- CFfllj COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Wells Fargo Bank NA is the grantee the same having been sold to said grantee on the 6th day of Sept A.D., 2006, under and by virtue of a writ Execution issued on the 23rd day ofJan, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 2126, at the suit of Wells Fargo Bank N A against Daniel Lugaro & Doris is duly recorded in Deed Book No. 276, Page 3751. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this d ;..d- , A.D. 02 ~ ? day of -~~ Wells Fargo Bank., N.A., successor by Merger to Wells Fargo Home Mortgage, Inc. VS Daniel Lugaro and Doris Lugaro The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-2126 Civil Term Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on March 23,2006 at 8:06 o'clock PM, 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: Daniel Lugaro, by making known unto Natasha Lugaro, adult daughter of Daniel Lugaro, at 38 Central Blvd., Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 09, 2006 at 11 :44 0' 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: Doris Lugaro, by posting the premises pursuant to court order, at 38 Central Blvd, Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time posting to the premises the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 05, 2006 at 12:02 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 Daniel Lugaro and Doris Lugaro located at 38 Central Blvd., Camp Hill, 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 of the pendency of the action to the within named defendants, to wit: Daniel Lugaro and Doris Lugaro by regular mail to their last known address of 38 Central Blvd., Camp Hill, P A 17011. These letters were mailed under the date of April 03, 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 September 06, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Martha Von Rosenstiel for Wells Fargo Bank. NA successor by merger to Wells Fargo Home Mortgage Ins., its successors and assigns. It being the highest bid and best price received for the same, Wells Fargo Bank. NA successor by merger to Wells Fargo Home Mortgage Ins., its successors and assigns, of 7495 New Horizon Way, Frederick, MD 21703, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $957.36. Sheriffs Costs: Docketing Poundage Posting Bills $30.00 19.43 15.00 Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Posting Postpone Sale Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 15.00 30.00 10.00 .50 1.00 22.88 1.08 15.00 30.00 6.00 20.00 329.00 328.40 19.57 25.00 39.50 $ 957.36 / J O/Ct'jD(, ~ So Answers: r~~. R. Thomas Kline, Sheriff BY ~. ! o~ JrvuiJ") Real Estate Sergeant ~~ jD'~ I.J CIe.. ~;5 c5"D I tf-e-<-.lf3713 Martha E. Von Rosenstiel, P. C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney I.D.# 52634 Attorney for Plaintiff Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc. 3476 Stateview Boulevard Fort Mill SC 29715 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 05-02126 Civil Term vs. Daniel Lugaro and Doris Lugaro 38 Central Boulevard Camp Hill, PA 17011 Defendants AFFIDAVIT OF NOTICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF DELAWARE MARTHA E. YON ROSENSTIEL, attorney for the 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 38 Central Boulevard, Camp Hill, P A 17011. 1. Name and address of owners( s) or reputed owner( s) Daniel Lugaro 38 Central Boulevard Camp Hill, PA 17011 Doris Lugaro 38 Central Boulevard Camp Hill, PA 17011 2. Name and address of defendant(s) in the judgment: Daniel Lugaro 38 Central Boulevard Camp Hill, PA 17011 Doris Lugaro 38 Central Boulevard Camp Hill, PA 17011 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Shipley Energy Company 550 East King Street P.O. Box 946 York, PA 17405 Equity One, Inc. C/o Milstead & Associates, LLC 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 4. Name and address of the last recorded holder of every mortgage of record: Equity One, Inc. 400 Lippincott Drive Marlton, NJ 08052 5. Name and address of every other person who has any record lien on the property: Township of Hampden 230 South Sporting Hill Road Mechanicsburg, P A 17055 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: NONE 7. Name and address of every other person of whom plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, P A 17013 Cumberland County Register of Wills County Courthouse Carlisle, P A 17013 Attorney General of the United States c/o Assistant Attorney General, Tax Division U.S. Department of Justice Post Office Box 227 Washington, DC 20044 P A Department of Revenue Inheritance Tax Bureau Strawberry Square, 11 th Floor Harrisburg, PA 17128-1100 .. Family Court/Domestic Relations Office One Courthouse Square Carlisle, P A 17013 Bureau of Compliance Clearance Support Section! A TTN: Sheriff s Sale Dept. 281230 Harrisburg, PA 17129-1230 Dept. of Public Welfare Box 2675 Harrisburg, P A 17105 OCCUPANTS/TENANTS 38 Central Boulevard Camp Hill, P A 17011 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. Section 4904 relating to unsworn falsification to authorities. Mlrtha E. Von Rosenstiel I A~orney for Plaintiff l t Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney I.D.# 52634 Attorney for Plaintiff Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc. 3476 Stateview Boulevard Fort Mill, SC 29715 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 05-02126 Civil Term vs. Daniel Lugaro and Doris Lugaro 38 Central Boulevard Camp Hill, PA 17011 Defendants THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Daniel Lugaro and Doris Lugaro 38 Central Boulevard Camp Hill, PA 17011 Your house and/or real estate at 38 Central Boulevard, Camp Hill, PA 17011 is scheduled to be sold at Sheriffs Sale on June 7, 2006 at 10:00 a.m. to enforce the court judgment of $118,849.86 obtained by Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc. against you. NOTICE OF OWNERS 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 Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc. the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call (610) 328-2887. 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 contact 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 bid price by calling (610) 328-2887. 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 the 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 (610) 328-2887. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5 . You have a 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 on a date to be announced by the Sheriff. 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 Schedule of Distribution is posted. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU 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. CUMBERLAND COUNTY BAR ASSOCA TION 2 LIBERTY A VENUE CARLISLE, PA 17013 (800) 990-9108 (717) 249-3166 , ' CLAIM FOR EXEMPTION To the Sheriff: I, the above named defendant, claim exemption of property from levy or attachment: (1) From my real property in my possession which has been levied upon, (a) I desire that my $300.00 statutory exemption be set-aside in kind (specify real property to be set-aside in kind): I request a prompt court hearing to determine the exemption. Notice of the hearing should be given to me at (Address) (Telephone Number) I verify that the statements made in this Claim for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: Signature THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 717240-6391 t LEGAL DESCRIPTION ALL THA T CERTAIN tract of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the Western line of Central Boulevard said point being 200 feet North of the Northwest comer of the intersection to Church Street and Central Boulevard; thence in a Westerly direction along land now or late of Charles E. Nailor 150 feet to a point; thence in a Southerly direction along line parallel with Central Boulevard 80 feet to a point; thence in an Easterly direction along land now or formerly of Fred E. Knackatodt and wife 150 feet to a point on the Westerly line of Central Boulevard; thence in a Northerly direction along the Westerly line of Central Boulevard 80 feet to a point, the place of beginning. BEING Lot No. 12 and the Northern 30 feet of Lot No. 11, Block "M" Plan of Oakwood Park, as recorded in the Office of the Recorder of Deeds for Cumberland in Plan Book No.2, Page 59. HAVING thereon erected a two story brick and frame dwelling house known as No. 38 Central Boulevard, Camp Hill, Pennsylvania. Tax Parcel #10-21-0277-292 TITLE TO SAID PREMISES IS VESTED IN Daniel Lugaro and Doris Lugaro, his wife, by Deed from Adalin R. Lugaro and Luz Maria Lugaro, his wife, dated 7/1/1996 and recorded 7/17/1996 in Deed Book 142, Page 915. WRIT OF EXECUP9N and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-2126 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., SUCCESSOR BY MERGER TO WELLS FARGO HOME MORTGAGE, INC., Plaintiff (s) From DANIEL LUGARO AND DORIS LUGARO (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 gamishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify mmJher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $118,849.86 L.L. $.50 Interest FROM 1/19/06 TO SALE DATE AT $18.20 PER DIEM - $2,548.00 Atty's Comm % Due Prothy $1.00 Atty Paid $257.42 Other Costs Plaintiff Paid (Seal) p~ By: Date: JANUARY 23, 2006 Deputy REQUESTING PARTY: Name MARTHA E. VON ROSENSTIEL, ESQUIRE Address: 649 SOUTH AVENUE, UNIT 7 P.O.BOX 307 SECANE, PA 19018 Attorney for: PLAINTIFF Telephone: 610-328-2887 Supreme Court ID No. 52634 Real Estate Sale # 14 On February 08, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, P A Known and numbered as 38 Central Blvd., Camp Hill, more fully described on Exhibit "A" e CViJ CVi) 1::::::2 ~ WiJ filed with this writ and by this reference incorporated herein. Date: February 08, 2006 By: \j OeD-I JwuJ/l Real Estate Sergeant 59:1 d QZ NVr qOOl Vd 'A1HOOJ ON" -IH38WnO .:f.:ft~3HS 3Hl jO 301.:'-:10 . . . II . 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 since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of April and the 3rd day(s) of May 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 #14 Sworn to and , CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A. 17013 .,--"....~..:."... . . ~";"'f..~~P ,<t. ' ,. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: April 7, 14,21,2006 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. SWO AND SUBSCRIBED before me this 21 day of April. 2006 I NOTA,.;!l\L SEAL LOIS E. SNYOEH. Notary Public " Carils!e Boro, Cumberland County . . ,"".. '. A r'( n j tvlv CommiSSion C)-'rAS L!t8rch 5, !.;h,;:l L\wJ~~G,.;.,,_~.,~,,~...Jidilll ,~ REAL ESTATE SALE NO. 14 Writ No. 2005-2126 Civil Wells Fargo Bank., N.A., successor by merger to Wells Fargo Home Mortgage, Inc. vs. Daniel Lugaro and Doris Lugaro Atty.: Martha Von Rosenstiel LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the Western line of Central Boulevard said point being 200 feet North of the Northwest corner of the inter- section to Church Street and Cen- tral Boulevard; thence in a West- erly direction along land now or late of Charles E. Nailor 150 feet to a point; thence in a Southerly direc- tion along line parallel with Central Boulevard 80 feet to a point; thence in an Easterly direction along land now or formerly of Fred E. Knackatodt and wife 150 feet to a point on the Westerly line of Cen- tral Boulevard; thence in a North- erly direction along the Westerly line of Central Boulevard 80 feet to a point, the place of beginning. BEING Lot No. 12 and the North- ern 30 feet of Lot No. II, Block "M" Plan of Oakwood Park, as recorded in the Office of the Recorder of Deeds for Cumberland In Plan Book No.2, Page 59. HAVING thereon erected a two story brick and frame dwelling house known as No. 38 Central Boulevard, Camp Hill, Pennsylvania. Tax Parcel #10-21-0277-292. TITLE TO SAID PREMISES IS VESTED IN Daniel Lugaro and Doris Lugaro. his wife, by Deed from Adalin R. Lugaro and Luz Maria Lugaro, his wife, dated 7/1/1996 and recorded 7/17/1996 in Deed Book 142, Page 915.