Loading...
HomeMy WebLinkAbout05-3467 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 WELLS FARGO BANK, N.A., SIBIM TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 ATTORNEY FOR PLAINTIFF v. Plaintiff COURT OF COMMON PLEAS CNIL DNISION TERM NO. 0 '), 34&1 JEANNE O. ANDERSON 926 MAPLEWOOD LANE ENOLA, P A 17025 CUMBERLAND COUNTy 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 INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 119298 File #: ] 19298 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL TIlE EXPIRATION OF THIRTY (30) DAYS AFfER YOU H~VE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF You HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. 3476 ST A TEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known addressees) of the Defendant(s) are: JEANNE O. ANDERSON 926 MAPLEWOOD LANE ENOLA, P A 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 09/30/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1776, Page: 3773. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. ' File #: 119298 6. The following amounts are due on the mortgage: Principal Balance Interest 12/0112004 through 07/07/2005 (Per Diem $34.11) Attorney's Fees Cumulative Late Charges 9/30/2002 to 07/07/2005 Cost of Suit and Title Search Subtotal $187,912.81 7,470.09 1,250.00 61.79 $ 550.00 $ 197,244.69 Escrow Credit Deficit Subtotal TOTAL 0.00 496.73 $ 496.73 $ 197,741.42 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not corne under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in!:ffi! Judgment against the Defendant(s) in the sum of$ 197,741.42, together with interest from 07/07/2005 at the rate of$34.11 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. ALLINAN & sc;ryrI~LLP ~ 2; I:ilt&ZM( By: /slFrancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 119298 JUN-30'2005 17:08 FRoM:MJ JAMES 814-735-4239 TO: 18568135519 P.46 54-,~ 1rJJ'J2 '5 . ROBfRT P. ZleGlt.~ RECORDER OF DEED" . :;M9ERLAND COU/lTY ::\ '02 OCT 9 fll'l11 11 PLEASE REr" ", ..:) RETURN TO FIrat Allllrlcp" . ,i...urane. Company 47l! -";&II/ornla ROld QUlkerlown, PA 1BSS1 J'( ~ JjJ( Prepared By: MILLS pUGO BOIGI HOR'1'GA<lll, INC. Retum~o: lIBLLS ., BOHl HORTGAaB, INC. 3601 XI SOTA DR. StJIU 200 BLoo 'rON, JIll 55435 25 COIOIIlRCB DRIW. 3llD FLOOR. CRANFORD, NJ 070153605 Parcel Number:01-I'3'~~'f_153 (Spaco Abov. Tbb LIue ,"or Rec..dJq Data] MORTGAGE DEFINITIONS Words used ill multiple sections of this document are defined below and other words are defmed In Sections 3, 11; 13, 18, 20 and 21. Certain roles regarding lIle usage of words used in this document are also provided in Section 16. , (A) "Security ~ent" DIe8lIS this docwnent, which is dated SBPTlIXBBR 30. 2002 togelher with all Riders to this document. (8) "Borrower" Is JIIANNl! O. ANDBRSON. A SINGL!: PIlRSON Borrower i. the mortgagor under this Security Instrument. (C) "Lender" is WBLLS !'ARGO IIOIGI HORTGAGIl. INC. Lender i. a CORPORATION 0010228369 PENNSYLVANIA. Single Femiry - Fa""I. "'../Freddle Mu UNIFORM INSTRUMENT Form 3039 1/01 :::.::~ - BK I 77 6 PG 3 7 73 JUN-30-2005 17:09 FROM:MJ JAMES 814-735-4239 TO: 18568135519 P.47 <'.7 ':;- " organized and existing under the laws of 'l'IIB STATB 01 CALllOlUlIA Lender's addrca. i. P.O. BOX 1030', %lEB KO%NIfS,:fA 50306030' Lender is the mortgagee under lbls Security Instrument. (D) "Note" means the promissory note signed by Borrower and datedUPTBNIlIlR 30. 2002 The Note Slates that Borrower OWes Lender ONlf IlllNDRllD NINIf'rr '1'JI1UlB TII00'8AND AmI 00/100 Dollars (U.S. $ "..193.000.00 ) plus interest. Borrower has Promised to pay lbls deblin regular Periodic Payments and to pay the debt in lUll nOt later than lrO'IBNIlBR 01, 2032 (E) "Property" means the property that i. described below under the heading "Transfer of Rights in the Propeny. . (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, pius interest. (G) "Rid...." means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box "" applicable]: B Adjustabl~ Rate Rider B COndominium Rider ~ Second Home Rider Balloon Rider Planned Unit Development Rider 1-4 Family Rider V A Rider Biweekly Payment Rider Other(s) [specify] _~e(PA) 10008/ (HJ "AppHeabJe Law" means aU conttolllng applicable federal, state and local Slalules, regulations, ordinances and administrative roles and orders (that have the effect of law) as well"" all applicable final, non-appealable judicial opinions. (l) "Community Association Dues, Fees, and Asstsstneuts" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homcowne.. association or similar orgaulzation. (J) "Eleetronlc, Funds Transfer" means any transfer of lUnda, other than a traD8action originated by check, draft, or similar paper instrument, which is initiated through an electronic tenninaJ, telephonic instnunent, computer, or magnetic tape so as to order, instnlct, or authorize a flD8DciaJ institution to debit or credit an account. Such term includes. but is not limited to, pointo(lf-sale traD8fers, automated teller machine transaCtions, traD8fe.. initiated hy telephone, wire transfe... and automated clearinghouse transfers. . (K) "&crow Ite...." means those items that are described in Section 3. (L) "Mis<eJlane'ous Proeeeds" means any compensation, settlement, award of damages. or Proceeds paid by llIIY third party (other than iDSlll'allce Proceeds paid under the coverages described in Section 5) for: (i) damage to, or deStrUction of, the Property; (Ii) COndemnation or other ta1ting of all or any part of the Property; (Iii) cOnveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as 10, the value and/or condJtion of the Property. (M) "Mortgage InSllr1lnte" means insurance protecting Lender against the nonpayment of, Or default on, the Loan. (N) "Periodic Payment" me&IS the regularly scheduled amount due for (i) principal and inlerest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. 'N"~ P9Zoflll Form 3039 1/01 BK I 77 6 PG 3 7 7 4 JUN-30-2005 17:09 FRoM:MJ JAMES 814-735-4239 TO: 18568135519 1."\17 ,~ J (0) "RESPA" means !he Real Estale Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 35(0), as !hey might be amended from time 10 time, or any additional or sucx:essor legislation or regulation that governs the same subject matter. As used lJ1 this Security IDBtrumellt, 'RESPA' refers to all rcquircmelllS and restrictions that are imposed lJ1 regard to a "federally related mortgage loan" even if the Loan does nol qualify as a 'federaIly related mortgage loan" under RESPA. (P) "Successor in Interest 01 Borrower" IIle8IlS any party that has taken title to !he Property. wbether or nol that party has assumed Dormwer's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instnunt:nl secures to Lender: (i) !he repayment of the Loan. and all renewals, extensions and modifications of the Note; and (il) the perfonnance of Borrower's covenants and agreements under Ihis Security Instrument and the NOle. For Ibis purpose, Borrower does hereby mortgage, grant and couvey to Lender the fOllowing described property 10000lcd in the COllN'l'Y [Type of R<conlln. JurlJdlcliool ofCUM!lIlRLAHD [Name ofR<conlln1 Jurlsdk:tiooJ: SD LIIGAL I)IISCRIPTION ATTACHIIIl HIIRBTO AND IU.l)B A PART IDUtEOP. TAX STA'l'BMlIII'1'S 0= BIl SBliT TOr 1IIILLS PAllOO HaMIl ~GB, INC.. P.O. BOX 10304,. DBS MOIBBS. IA 5030S0304 which currently has the address of 92 6 MAPLI!WOOD LlUi'II BJIOLA ('Property Address'): IS-') [Zip Code] [City]. Pennsylvania 17025 TOGETHER WITHal! the ImprovemenlS DOW or hm:after erected on the property, and all casements, appurtenances, and fixtures now or hereafter a pan of the property. All replaccmcnts and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in thi. Security InstnJmeDt as !he 'Property.' _.a(PAI.,.,o., ,."...~ Form 3039 1/01 Pag.3011Cl BK I 7 7 6 PG 3 7 7 5 P.48 JUN-3072005 17:10 FROM:MJ JAMES 814-735-4239 TO: 1855813551:1 ~'! r ;:. P.49 BY SIGNING BELOW, Borrower accepts and agrees to the tenns and covenants contained in this Security Il1stnunc:nt and in any Rider executed by Borrower and recorded wlrlllt. Wilnesses: 11 .-0 --- ~L~ (Seal) -Bono_ (Seal) -Bonower (Seal) -Borrower (Seal) ..&nower (Seal) .Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower ~.eIPA) COOOII P0160flU Form 3039 1/01 BK I 7 7 6 PG 3 7 8 7 JUN-30c2005 17:10 FROM:MJ JAMES 814-735-4239 TO: 18568135519 P.50 . ;\tHi..:JJT ;, _,c ", ~"~..) ..~. ALL 'lHM' CElmUN lot or piece of land situate in East Pennsboro Ta.lnship, ClniJerland Co.mty, Pennsylvania, bcA.mded and described accordi.ng to a certain Final Plan Of Penn Valley, Phase III, prepared by Hartrten & Associates, Inc., Er:9ineers and Surveyors, amp Hill, Pennsylvania, dated JUne 23, 1993 and last revised SepteYber 9, 1993, 11Dre partiallarly described as follows, to wit. BEX3INNIm at a point on the Sall:hem right of way line of Maple..ood lane (50 feet wide) at the dividing line between Iots Nos. 170 and 171 as sl1cMn en the hereinafter mentioned plan; thence along the Salt:hem right of way line of Maple..ood lane, North 80 degJ.Ce8, 14 minutes, 45 sea:ods East a distance of 80.00 feet to a point at the dividing line between Lots N:ls. 171 and 172; thence alone the divid:iIJg line between Lots N:ls. 171 and 172, Salth 09 degrees 45 minutes 15 seconds East a distance of liO. 00 feet to a point at the dividing line between Lots Nos. 171, 172, 176 and 177; thence along the dividing line between Lots Nos. 171 and 112, Salth 80 degrees 14 minutes 45 seconds west a distance of 80.00 feet to a point at the dividing line between I.ots Nos. 170, 171, 177 and 188; thence along the divic:ili1g line between Lots 1bI. 170 and 171, North 09 de,;L_~S, 45 minutes, 15 seconds West a distance of 110.00 feet to a point on the Scul:hem right Of way line Of Maple..ood Lane, said point bein3 the place of BI!l3mmm. BEOO Lot No. 171 01 the Final SUbdivision Plan of Penn Valley, Phase III, recorded in Plan Bock 78, Pag:! 114, and cont~ ap!JL.......lrrately 8,800 Square feet, 11Dre or less. BEOO Parcel No. 09-13-0999-153. BEm3 the aarre prenises which Logan's Run Associates, a Pennsylvania General Paitnership carprised of Fogarty HarEs, Inc., a Pennsylvania Co..1-'VL"tion, and Haubert Hares, Inc., a Pennsylvania O:n'poration, by Indenture dated Decei.'L.::.r. 22, 2000, and recorded January 10, 2001, in the Office Of the Recorder Of Deeds in and for the Camty of a.mDerland in Record Book 237, page 547,granted and conveyed unto Jeanne Q. Mdersm. BK I 7 7 6 PG 3 7 8 9 I: _ ..". :..J In.~ -;'....l~:;IL'..~ ... .....J..d~) ,_J,\ . ~l /. a::':'~:"O:O:J: ALL '!HAT CEIrnUN lot or piece of land situate in East Permsboro 'IbNnship, O.Ilberland Chmty, Pennsylvania, ba.mded and described acrorr:lin;J to a certain Final Plan of Penn Valley, Phase In, prepared by Hart:Iren & Associates, Inc., ED::J:ineers and Surveyors, Canp Hill, Pennsylvania, dated.JUne 23, 1993 and last revised Septenber 9, 1993. nore partia.1l.arly described as follows, to wit. BOOINNIm at a point on the Saltbem right of way line of Maplewood lane (50 feet wide) at the dividing line between Lots Nos. 110 and 171 as shcMn en the hereinafter ~i.aned plan; thence aloog the Salt:.hen1 right of way line of Maplewood lane, North 80 ~~, 14 minutes, 45 secoods East a distance of 80.00 feet to a point at the dividing line bet..een lJ:lts N:ls. 171 and 172; thence along the dividing line between lats Nos. 171 and 172, Salth 09 degrees 4S minutes 15 se<xx1ds East a distance of 110.00 feet to a point at the dividing line between lots Nos. 171, 172, 176 and 177; thence along the dividinJ line between lots Nos. 171 and 172, Sooth 80 degrees 14 mimtes 45 seoonds west a distance of 80.00 feet to a point at the dividinJ line between Lots Nos. 170, 171, 177 and 188; thence alorg the divi~ line between lats Nos. 170 and 171, North 09 degrees, 45 mimtes, 15 seconds West a distance of 110.00 feet to a point on the Salthem right of way line of Maple.ood lane, said point beir.g the place of BmINNIN3. BEIN3 lat No. 171 00 the Final SUbdivision Plan of Penn Valley, Phase III, recorded in Plan Book 78, Page 114, and coo~ approxi.nBtely 8,800 Square feet, ITOre or less. BEIN3 Parcel No. 09-13-0999-153. BEIN3 the earre premises which logan's Run Associates, a Pennsylvania General Partnership OOlprised of Fogarty Hams, 100 _, a Pennsylvania Cmporatioo, and Haubert Hares, Inc., a Pennsylvania Cbrporation, by Indenture dated Deceri:Jer 22, 2000, and recorded JaInJary 10, 2001, in the Office of the Rea:>rder of Deeds in and for the County of amtJerland in Record Book 237, page 547, granted and conveyed unto Jeanne O. Anderson. PROPERTY BEING: 926 MAPLEWOOD LANE VFRIFJCATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 (c) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. 1/~ FRANCIS S. HALLINAN, ESQUIRE Attorney for Plainti ff DATE: 7'1/:5 ~ - ~ ~ ~ ~ ~ V-1 '!) ....r- ~ v:l -.." _' ~ ~ i-l -0 =2' ~ ~ ~ :i ~.. () --.}~ ( 'I ". -- r" c.; G ...., "-", = c..-, c.... r-. r-'":: I co o ,.., 5!:r, C11_ r~-. I:){,-, :u r-, or ::.,~o ;:tIS~ ~-I .> :-:J:} .-< "'" -~ - - - SHERIFF'S RETURN - REGULAR CASE NO: 2005-03467 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS ANDERSON JEANNE 0 MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ANDERSON JEANNE 0 the DEFENDANT , at 1730:00 HOURS, on the 13th day of July at 926 MAPLEWOOD LANE , 2005 ENOLA, PA 17025 by handing to JEANNE ANDERSON 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 So Answers: ~~~~ 18.00 12.80 .00 10.00 .00 40.80 R. Thomas Kline /6 !:: me this 7 day of 07/14/2005 PHELAN HALLINAN SCHMIE~ BY:~ Deputy eriff Sworn and Subscribed to before ()./) dCJt}<{' A.D. \... Lr 0 /n"PP,-,-, . d~..,-- , rothonotary , "'{"f 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., SmTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. S/B/M TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEY ARD FORT MILL, SC 29715 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-3467 JEANNE O. ANDERSON 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 JEANNE O. ANDERSON and, 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 7/8/05 to 8123/05 TOTAL $197,741.42 $1,603.17 $199,344.59 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. LJ~ G.J'/~J DANIEL G. CHMIEG, ESQUIRE U Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. ~ _ DATE, P"l.h ~ (!/,., / PR01'ROTH. !J PHELAN, HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 A TTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Sclnnieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (? 1 'i1 'ih1-7000 WELLS FARGO BANK, N.A., SIBIM TO WELLS : COURT OF COMMON PLEAS FARGO HOME MORTGAGE, INe. Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY JEANNE O. ANDERSON : NO. 05-3467 Defendants ~l/.: JEANNE O. ANDERSON r J (926MAPLEWOOD LANE t'J;1;. P A 17025 DATE 0": V:/fr; Arrc:rrST 1 200~ THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALL Y OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOu. UNLESS YOU ACT WITHIN TEN DA YS FROM THE DATE OF THIS NOnCE. A JUDGMENT MA Y BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MA Y LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HA VE A LA WYER. 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 MA Y 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 ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff (Rule of Civil Procedure No. 236) _ Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW WELLS FARGO BANK, N.A. S/B/M TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATE VIEW BOULEVARD CUMBERLAND COUNTY COURT OF COMMON PLEAS v. Plaintiff, CIVIL DIVISION NO. 05-3467 JEANNE O. ANDERSON Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on {).u~ -.;> 0 20o-.s If you have any questions concerning this matter, please contact: By ~~~ n~ 0-/1 ~~ii:{JU? . DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN ST A nON 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ""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 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BL YD., 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, 3476 ST A TEVIEW BOULEVARD CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-3467 JEANNE O. ANDERSON 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 JEANNE O. ANDERSON is over 18 years of age and resides at , 926 MAPLEWOOD LANE, ENOLA, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. I - tJ jL (f-<J(!id~' DANIEL G. SCHMIEG, ESQUIR~! Attorney for Plaintiff J ex) \f-~ F ~ ~ u...- ~ y R o -w. \~ D ~ -0 03 F ()!: --l:- o ~~ C' ~':A r ., o 'I '- ('-.1 '. '~I_:, '_J n1 )-- I:=: C) (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK, N.A. S/B/M TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, v. JEANNE O. ANDERSON No. 05-3467 Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 8/23/05 to DECEMBER 7, 2005 (per diem -$32.77) $199,344.59 $3,473.62 and Costs TOTAL $202,818.21 {' 10- d ~~vL(.(t- DANIEL G. SCHMIEG, ESQ One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It ma not be sold in the absence of a re resentative 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. N ffi 1 c:> ~ J1 qr-Q , - , (=:J , ~~ , , , ~:i J a ... , , ----r , (T;' , ......Jl '3 t.!J CD :] '"") :-.c. =.:.) I ~ I- -:: 0 ~ li_ e'" <J () () Cl () ~ 0 C) '-';:.:;~j ;.~) Gel" l..., -..9 ,:::;-? 0 c-"'! U ~ ~ ~ -- Vi j Vl . '" -- 11 J --::t- V)C)- III t.,- III "& ~ "b9- r6 ~ M -- C ct1 ,.... () '*- ..... -< ~ ....;S -i. ~ U ... ~ o~ z 'f 0 oz S z ~~ r- ...... "" (Y.. E"" r- ~ ~ ...", ee~ z U ~ ~z ~t -d Zz ",,", 0 ~~ ... <J) 0,," ~~ ~ "" = ~ ~ ~~ .... ~ .~ - 0 OIl zo "" . .~ ~ . ~ 0'C:l 0 <J) 0.... ~~ ~ ... \3 - ~ .n U~ r- ... p.., ~ ~~ ,;, ~~ '" "" ....~ .. 0 <B ... S 00 ~o ~~ ~ ~ OIl '" r-U 0= "" ~~ -< <J) ~o z ~ g.. ~~ ~ ot: 0 p. ~~ .... <:> - \CO -<~ -~-< <J) ""5 M '" 8; "" ~ "" <J) ....-< .... e: ..c "'.... ::: """" ...", U Ui =~ ~ OIl ...... .i:J <J) r-~ ""... <J) -i3 ~~ ~~ - ~ ~ .~ U f-t.< WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL V AN!A) COUNTY OF CUMBERLAND) NO 05-3467 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., Plaintiff(s) From JEANNE O. ANDERSON, (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 ofthe defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $199,344.59 L.L. $.50 Interest FROM 8/23/05 TO 12/7/05 (PER DIEM - $32.77) _ $3,473.62 AND COSTS Atty's Comrn % Due Prothy $1.00 Atty Paid $122.80 Plaintiff Paid Date: AUGUST 30, 2005 Other Costs (Seal) ~~ By: 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 Deputy PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STA TION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK, N.A. SIBIM TO WELLS FARGO HOME MORTGAGE, 1Ne. v. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS JEANNE O. ANDERSON CIVIL DIVISION NO. 05-3467 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. /' - I L~ (/ 6./,) ~Vl.<</' DANIEL G. SCHMIEG, ESQUTR1(l Attorney for Plaintiff , ~, c:;:~ C:.-.) CJI (,,) o i;:;) <::) 1') o -n --, :J:"T] rile: .~.~ WELLS FARGO BANK, N.A. S/B/M TO WELLS FARGO HOME MORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. JEANNE O. ANDERSON CIVIL DIVISION NO. 05-3467 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) WELLS FARGO BANK. N.A. S/B/M TO WELLS FARGO HOME MORTGAGE, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,926 MAPLEWOOD LANE, ENOLA. PA 17025. 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JEANNE O. ANDERSON 926 MAPLEWOOD LANE ENOLA, PA 17025 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 926 MAPLEWOOD LANE ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 23.2005 DATE n A.../ IA/ DANIEL G. SCHMIEG, ESQUrror Attorney for Plaintiff C) ~, 0 ";::;:) '- '.:~::} -rl ,:~... -r-:-,. :::-J (..:.:~: -'- ..,-, G fTl ~~ (",) l? C> ;,-) ,- ~-..." -'11 ( ., f'n C) <=> 1',) WELLS FARGO BANK, N.A. SlBfM TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, CUMBERLAND COUNTY No. 05-3467 v. JEANNE O. ANDERSON Defendant(s). August 23, 2005 TO: JEANNE O. ANDERSON 926 MAPLEWOOD LANE ENOLA, PA 17025 **THIS FIRM IS A DEBT COLLECTOR A1TEMPTING 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 ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY."* Your house (real estate) at, 926 MAPLE WOOD LANE. ENOLA. PA 17025. 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$199,344.59 obtained by WELLS FARGO BANK, N.A. SIBIM TO WELLS FARGO HOME MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 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 if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 V. ALL 'IHM' CE:RTAIN lot or piece of land situate in East Pennsboro 'IbNnship, o.mi:lerland Chmty, Pennsylvania, lnuJded and described accordin:J to a certain Final Plan Of Penn Valley, Phase tII, prepared by Ha.rt1ren & Associates, Inc., Er:gineers and SUrveyors, Canp Hill, Pennsylvania, dated JUne 23. 1993 and last' revised Septeri:>er 9, 1993, !lOre partia.1l.arly des=ibed as foUa.Js, to wit. BffiINNm:; at a point on the Swthem right of way line of Maple<..ood Lane (50 feet wide) at the dividing line between U:>ts Nos. 170 and 171 as sh:Jwn en the hereinafter tcenl:ioned plan; thence aloog the Southem right of way line of Mapl~ Lane, North ao degrees, 14 minutes, 45 seronds East a distance of 80.00 feet to a point at the dividing line between IDts Nos. 171 and 172; thence along the dividing line between U:>ts l>kls. 171 and 172, South 09 degrees 45 minutes 15 seronds East a distance of 110.00 feet to a point at the dividing line between Lots Nos. 171, 172, 176 and 177; thence along the dividing line between Lots Nos. 171 and 172, South ao degrees 14 minutes 45 seconds west a distance of 80.00 feet to a point at the dividing line between Lots Nos. 170, 171, 177 and 188; thence alorg the dividing line between Lots Nos. 170 and 171, ~rth 09 degrees, 45 minutes, 15 seconds West a distance of 110.00 feet to a point on the Southern right of way line of Maple<..ood Lane, said point beirB the place of BmINNlN3. BErn:; Lot No. 171 00 the Final SUbdivision Plan of Penn Valley, Phase III, recor:cEd in Plan Book 78, Page 114, and containing approximately a, aoo Square feet, nure or leas. --.. BEING Parcel ~. 09-13-0999-153. BEThG the sane premises which Ulgan's Run Asaociates, a Pennsylvania Genel:al Partnership a:nprised of Fogarty HalEs, Inc., a Pennsylvania Cbtporaticn, and Haubert Hares, Inc., a Pennsylvania Cbrporation by Indenture dated I:ecerber 22, 2000, and recorded January 10, 2001, in the Office of the Recorder of Leeds in and for the Cwnty of OJnherland in Record Book 237, page 547, granted and conveyed unto Jeanne O. Andersen. PROPERTY BEING: 926 MAPLEWOOD LANE, ENOLA.. PA 17025 TITLE TO SAID PREMISES IS VESTED IN Jeanne O. Anderso'!,..by Deed from Logans Run Associates, dated 12-22-00, recorded \-10-01 in Deed Book 237, page 547. .. C) '" c-- c~:.> () C;:::;l W. -n ~ ---1 c.:: T (j""J f11:C:: (.~) ,."- iT, 0 , ,--) :::r:~" , c:' r r~ C> f'o~ AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO BANK, N.A. SIB/M TO WELLS FARGO HOME MORTGAGE, INC. CUMBERLAND COUNTY SMC/CZJ No. 05-3467 ACCT. #0010228369 DEFENDANT(S) JEANNE O. ANDERSON SERVE JEANNE O. ANDERSON AT 926 MAPLEWOOD LANE ENOLA, PA 17025 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 7, 2005 SERVED Served and made known to J;;. l-'<J ~ 0, AiJ~'l's" '"' , Defendant, on the /$'rf atB::3'1 ,o'clockf.m.,at 9;;.(; .Iv19fkwood ltJ.} FNola dayof5"rt-. ,200~ , Commonwealth ofPeIUlsylvania, in the manner described below: 'f- Defendant personally served. ~ i Adult family member with whom Defendant(s) reside(s). Name and Relationship is ,,~L." (... Adult in charge of Defendant(s)'s residence who refused to give narne or relationship. Cl1 ; {;jV~ Manager/Clerk of place oflodging in which Defendant(s) reside(s). V .. Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. /A..i we I \ Other: _ _' " c: /""':1 Ja", Jc !.,,., >(, Description: Age :<~ Helght~ (; Weight~ Race Wt., Sex--L-- Other /Va ~l~,.S'e.r I, C 19v~""c"" t.., ('1trl.~:k :Jv" a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the otlce ofShenffs Sale m the manner as set forth herem, Issued m the captIOned case on the date and at the address indicated above. NOTARIAL SEAL Sworn to and subscribed LUCIU.E H "....", ="'...... . ""'" t. r_ hefore me this ~oJ' day 1i . CoIIllY of S rf If-; , 200S- '" />> L.!!. HeN 1lI_ Notary~~,-- Wt.~ BY:~ PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DA NOT SERVED On the day of ,200_. at Moved Unknown No Answer 1st / 1 Time: Attempt: 3rd Attempt: 1 1 Time: 0' clock _.m., Defendant NOT FOUND because: Vacant 2nd Attempt: 1 / Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 S) f""-,') r;-;~ ,....:) "::...n '-j ':-n , GJ .....,.., '" ., .,_,U c::> Wells Fargo Bank, N.A. s/b/m To Wells Fargo Home Mortgage Inc. VS Jeanne O. Anderson The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-3467 Civil Term David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on Sept. 27, 2005 at 1:48 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: Jeanne O. Anderson, by making known unto Christine Maxwell, adult daughter of Jeanne O. Anderson, at 926 Maplewood Lane, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn. according to law, states that on October 12,2005 at 5:14 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 Jeanne O. Anderson located at 926 Maplewood Lane, Enola, 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 defendant, to wit: Jeanne O. Anderson, by regular mail to her last known address of 926 Maplewood Lane, Enola, PA 17025. This letter was mailed under the date of October 06, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Schmieg. Sheriffs Costs: Docketing Poundage Advertising Posting Handbills Mileage Levy Surcharge Law Library Prothonotary Postage 30.00 20.92 15.00 15.00 28.80 15.00 20.00 .50 1.00 .74 Sworn and subscribed to before me This.l,-,w( day of U I 2005, A.D. Patriot News Law Journal Share of Bills 396.20 503.00 20.89 $1,067.05 S~~'J~ //~ ~~~~-" i . R. Thomas Kline, Sheriff (Will I.$D Lr...."-JO~'] i~, /?/o"l!{' . . WELLS FARGO BANK, N.A. SIBIM TO WELLS FARGO HOME MORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVII~ DIVISION JEANNE O. ANDERSON NO. 05-3467 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3 I 29 (Affidavit No. I) WELLS FARGO BANK. N.A. S/B/M TO WELLS FARGO HOME MORTGAGE, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,926 MAPLE WOOD LANE. ENOLA. PAt 7025. L Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JEANNE O. ANDERSON 926 MAPLEWOOD LANE ENOLA, PA 17025 2. Name and address of Dcfendant(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 asce11ained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably asce11ained, 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 asceltained, 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) TenantlOccupant 926 MAPLEWOOD LANE ENOLA, P A 17025 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 23, 2005 DATE n - r- j(./1..1.o1A' 10 (n- ~ DANIEL G. SCHMIEG, ESQUIRIf Attorney for Plaintiff . WELLS FARGO BANK, N.A. S/B/M TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, CUMBERLAND COUNTY No. 05-3467 v. JEANNE O. ANDERSON Defendant(s). August 23, 2005 TO: JEANNE O. ANDERSON 926 MAPLEWOOD LANE ENOLA, PA 17025 * "THIS FIRM IS A DEBT COLLECTOR A TTEMPTlNG TO COLLECT A DEBT AND ANY INFORM A TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED. THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at , 926 MAPLE WOOD LANE, ENOLA, P A 17025, 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, PA 17013, to enforce the court judgment of $199,344.59 obtained by WELLS FARGO BANK, N.A. S/B/M TO WELLS FARGO HOME MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 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 ifthe bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share 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 of the sale. This schedule will state who wiJl 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 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 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 A VENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3467 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK., N.A. S/B/M TO WELLS FARGO HOME MORTGAGE, INC., Plaintiff(s) From JEANNE O. ANDERSON, (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $199,344.59 L.L. $.50 Interest FROM 8/23/05 TO 1217105 (PER DIEM - $32.77) - $3,473.62 AND COSTS Atty's Conun % Due Prothy $1.00 Atty Paid $122.80 Other Costs Plaintiff Paid (Seal) (!~~H Prothonotary ~ !" 7 By: Date: AUGUST 30, 2005 Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEY ARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale #35 On September 07,2005 the Sherifflevied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, P A Known and numbered as 926 Maplewood Lane, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 07, 2005 By: J 6Ckf SfVJ,.,lh Real Estate Sergeant .-,\:, " -, <!!> c::;;:;) c::;:n] L~ (yr.) !:Ml 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, v!z: 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. (~\ . L- ('Y i . is~arie ~;~pdit::- S~ TO AND SUBSCRIBED before me this 28 day of Oetober. 2005 d~~~i. ~ rJI .... .-'-'~' ;r".-'.~""""~'''''''~N \- -''''''','' .'. ,,\ c.....(" ',_ ; N51 f r~r-"" 0t..~t. , ! "c-", . >'~ .-- ~. ,.. . ('" ; ,', t , ,VL~ ~ ."y, '\-1-1 .,(). ..,. '.'\. ' ~ i. '~,'".:' c.. .." { . t'\._' . '" "'.' I .. 1, , j I '.:JI:::; c [l:lre: ,_.,"',; ':'~'X,'_:,;\<[l " ...','f.... REAL ESTATE SALE NO. 35 Writ No. 2005-3467 Civil Wells Fargo Bank, N.A. s/b/m to Wells Fargo Home Mortgage. Inc. VS. Jeanne O. Anderson Aity.: Daniel Schmieg ALL THAT CERTAIN lot or piece of land situate in East Pennsboro Township, Cumberland County, Pennsylvania. bounded and de- scribed according to a certain Final Plan of Penn Valley, Phase III, pre- pared by Hartmen & Associates. Inc.. Engineers and Surveyors. Camp Hill, Pennsylvania. dated June 23. 1993 and last revised Sep- tember 9. 1993, more particularly described as follows. to wit: BEGINNING at a point on the Southern right of way line of Maplewood Lane (50 feet wide) at the dividing line between Lots Nos. 170 and 171 as shown on the here- inafter mentioned plan: thence along the Southern right of way line of Maplewood Lane. North 80 degrees. 14 minutes. 45 seconds East a dis- tance of 80.00 feet to a point at the dividing line between Lots Nos. 171 and 172: thence along the dividing line between Lots Nos. 171 and 172. South 09 degrees 45 minutes 15 seconds East a distance of 110.00 feet to a point at the divid- inglinebetween Lots Nos. 171, 172, 176 and 177: thence along the di- viding line between Lots Nos. 171 and 172, South 80 degrees 14 min- utes 45 seconds West a distance of 80.00 feet to a point at the dividing line between Lots Nos. 170. 171. 177 and 188: thence along the di- viding line between Lots Nos. 170 and 171, North 09 degrees, 45 min- utes. 15 seconds West a distance of 110.00 feet to a point on the Southem right of way line of Maple- wood Lane, said point being the place of BEGINNING. BEING Lot No. 171 on the Final Subdivision Plan of Penn Valley, Phase III, recorded in Plan Book 78, Page 114, and containing approxi- mately 8.800 square feet, more or less. BEING Parcel No. 09-13-0999- 153. BEING the same premises which Logan's Run Associates. a Pennsyl- vania General Partnership com- prised of Fogarty Homes, Inc., a Pennsylvania Corporation. and Haubert Homes. Inc.. a Pennsylva- nia Corporation by Indenture dated December 22. 2000. and recorded January 10, 2001, in the Office of the Recorder of Deeds in and for the County of Cumberland in Record Book 237, page 547, granted and conveyed unto Jeanne O. Andersen. PROPER1Y BEING: 926 MAPLE- WOOD LANE. ENOLA. PA 17025. TITLE TO SAID PREM1SES IS VESTED IN Jeanne O. Anderson, by Deed from Logans Run Associ- ::ltp~ rbtpn 1 ?-?:?:-OO_ rec.orded 1- . ' THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587. Approved May 16, 1929 Commonwealth ofPellnsylvania. 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 ofPellnsylvania, 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 he en 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 25th day(s) of October and the 1st and 8th 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 "MOO. Volume 14, Page 317. PUBLICATION COPY ;;;;~Ji!I:A1;" m, "",:~ ';:,:t:;;:~;'"; A.O. r--;:cy L. Russell, Notary Public Cily of Horrisbur . Dauphin Counly y Commission pires June 6. 2006 M \ber, r-ennsylv nlaAs, c' lonel Notaries V/};Z a/~L~ NOTA PUBLIC My conunission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 REAL ESTATE SALE No. 35 Writ No. 2OQ5.a44I7 ClYIlTerm _ F8rgo Bank, N.A. sIbIm 10 Wells F8rgo Home Mo~.I\IC. vs Jeanne O. Anole""'" AtIy: DBnIeI SChmieg DESCRlP'l10N ALL THAT CEkTAIN lot or piece of land _ in East Pennsboro Thwnship. Cumberland Coonty, Pennsylvania, boundtd and descn'bed =mIiDg" a certain Fmal Plan of Penn Valley. Pbasem. prepotedby Hanman&Associares.1nc.. Engineers . and Surveyors. Camp Hill, PelltlSylvania, dated lune 23.1993 and last nMsed Sepltmber 9. 1993, more particuIatIy de<cribed" follows, to wit BEGINNING at a point on the Sourbem rigbt- of-way line of Maplewood Lane (50 feet wide) at Ihe dividing line between Lots No.. !70 and 11l as mown on dw hereinafter mentioned. plan; thence along the Soudtem right-of-way line of Maplewood Lane. N<<1b 80 depees, 14 mino"'. 45 seconds. Eas\ a distance of 80.00 feet to a point at the dividing line betW&n Lots Nos. 171 and 172; thence along lite dividing line betWeen Lots No.. 171 and 172, SoolIt09degrees 45minotes 15 seconds East, a distanct of 110.00 feet loa point atlhedividiDglinebetweeaLolsN".l1l.172, 176 and 177; thence aI.., Ihe di,jding line between Lots No.. 171 and 172, Sooth 80 degrees 14 minotes 45!f'COOds W", a dis1ante of 80.00 1M .. j.... . .. dMlIioi line between LoIs Noo. I1tl, 171. 177 lOll III; ...... ...., die dividiIc IiIe _ Lols NOI. I'IU lOll 171, _1>>......45-.1SaeooIIlIi_a _ of 110.00.... apoiltl.....,.... n,II-uf-way line of MapIewood Laoe, said piot beilstbe place ofBEG1NNlNG. BEING Lot No. 171 011 Ihe Final Sobdiviaion Plan of_Valley. Pbase m.l"C<ll<IedmPlan Book 7~ l'a8e 114. and _g approximately 8,800 square feet. more or less. BEING l'aIte1 No. 09-13-0999-1SJ. BElNG the same premises which Logan's Run Associates.aPelltlSy1vania'Genera!1'al1nmhijl comprised of Fogarty lIome.1nc., a P<nnsy!""'. Corporation. and ~ Homes. Inc., a Peoosylwnia Coq>cnIion. by 1ndentule dated December 12. 2000, and Jl'COl'!ed lanUll)' 10. 2001 mlheOlllceoftbe_olDeedsin and for the County of Cuioberland in Record Book 237. page 547. gnuned.and "",,'oyed"" Jeanne O. Aodersoo. y PROt'EKfY BEING: 92li ~ood Lan.. Bno!a, PA 11\l2S. .., . T1TI..B TO" SAID PREMISES is Ve5lW- ill J.- O. Andeiieo, by Deed from Lop Run Associates. dated 12~n-oo, (eCQlded HG-Olln Deed Book 237.page 547. Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorney For Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A., S/B/M TO WELLS I : I Court of FARGO HOME MORTGAGE, INC. Plaintiff vs JEANNE 0. ANDERSON Defendant Civil Division CUMBERLAND Co> zv No. 05-3467 ---1 TO THE PROTHONOTARY: Please vacate the judgment(s) entered and mark the action discontinued and ended without preju ice. Date: 7 PHELA LI A SCHMIEG, LLP By: Lawrence T. Phelan, E s4., I o. 32227 Francis S. Hallinan, Esq., . o. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 J Oith T. Romano, Esq., Id. No. 58745 /Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 PHS# 119298 Attorneys for Plaintiff C C3 C) : , ai. --1 04* $ q't&?d a IV Cr*)D534) 5q ,// CLoop 5MV