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HomeMy WebLinkAbout05-3521 PHELAN HALLINAN & SCHMIEG. LLP LA WRENCT T PHELAN, ESQ.. Id. No. 32227 FRANCIS S. HALLINAN. ESQ., ld. No. 62695 ONE PENN CENTER PLAZA. SUITE 1400 PHILADELPHIA. PA 19103 W2l 563-7000 WELLS I.ARGO BANK MINNESOTA. NA, AS INDENTURE TRUSTEE FOR THE COUNTRYWIDE 110MI' LOAN TRUST 2001 2001-HLVI. SERIES 2001-HLVI 4828 LOOP CENTRAL DRIVE HOUSTON. TX 77081-2226 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. D~ - 3.5'01..1 clu,f-'-~ CUMBERLAND COUNTY v. LEROY B. SALISBURY 127 SOUTH PENN STREET SHIPPENSBURG, PA 17257 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 l.A WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BEl.OW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABl.E TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER l.EGAl. SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A ] 70] 3 (800)990-9108 Fi1e#: 57147 File #: 57147 IF TIllS IS THE FIRST NOTICE THAT YOI! IIA VE RECEIVED FROM TIllS 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 THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is WELLS FARGO BANK MINNESOTA. N.A.. AS INDENTURE TRUSTEE FOR THE COUNTRYWIDE HOME LOAN TRUST 2001 2001-HL VI. SERIES 2001-HLVl 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 2. The name(s) and last known address(es) of the Defendant(s) arc: LEROY B SALISBURY 127 SOUTH PENN STREET SHIPPENSBURG. PA 17257 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 06/20/1998 mortgagor(s) made. executed and delivered a mortgage upon the premises hereinafter described to CITY LENDING SERVICES/ CITY NATIONAL BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1468, Page: 1029, By Assignment of Mortgage recorded 07/30/01 the mortgage was Assib'l1ed To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 679, Page 4086, 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 03/08/2003 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 #: 57147 6. The following amounts are due on the mortgage: Principal Balance Interest 02/08/2003 through 07/08/2005 (Per Diem $8.87) Attorney's Fees Cumulative Late Charges 06/20/1 998 to 07/08/2005 Cost of Suit and Title Search Subtotal $27.179.03 7.823.34 1.250.00 511.65 $ 550.00 $ 37.314.02 Escrow Credit Deficit Subtotal 0.00 0.00 $ 0.00 TOTAL $ 37,314.02 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) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 91 of 1983 because the mortgage is more than twenty-four (24) months in arrears. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 37,314.02, together with interest from 07/08/2005 at the rate of $8.87 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. ~;;& :rM~~a~~ By: Is/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN. ESQUIRE Attorneys for Plaintiff Fi\c#: 57147 LEGAL DESCRIPTION All that certain lot or piece of ground with the building and improvements thereon erected, being known as (127 SOUTH PENN STREET, SHIPPENSBURG, P A 17257), being further described on that certain Deed dated 06/07/95 and recorded 07/05/95 in the office of the Recorder of Deeds in CUMBERLAND County in Deed Book No. 124, Page 692. BEING known as 127 SOUTH PENN STREET File #: 57147 VF.RTFICA nON Lisa Raggs-Harris hereby states that he/she is FORECLOSURE SPECIALIST of LITTON LOAN SERVICING LP mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. e.s. Sec. 4904 relating to unsworn falsification to authorities. c/;~G 11 tt"-Ji~AJP~~- 1\ ~ ( ~ DATE: ~ lfl ~ A:J0 t 'Q ~ t f0 f" ~ v C:; ~ ;:U ~ ~ p: f? --.:t- ~) ~ c:~; en c._ ,- r='-:' 8 .";._-e" o -n :r-" rn .u r-- N =-38 ~_~-'~ (l} w,-.!.:-,-;o .~;,- _.'.-' '..\ ,:"i ~:~C) <:5 (5 (rl ~~.~ en ~'D -< AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF WELLS FARGO BANK MINNESOTA, N.A., AS INDENTURE TRUSTEE FOR THE No. 05-3521 CIVIL TERM COUNTRYWIDE HOME LOANS TRUST 2001, 200l-HLVl, SERIES 2001-HLVl ACCT. #7750862 PMB DEFENDANT(S) LEROY B. SALISBURY Type of Action - Notice of Sheriff's Sale SERVE LEROY B. SALISBURY AT: 127 SOUTH PENN STREET SIDPPENSBURG, P A 17257 Sale Date: DECEMBER 7,2005 L, SERVED . rIL Served and made known to e~oi 6. S~\i5b~fendant'Onthe 8 dayob 5E',f.. ,200.2at 9:1r,0'clock-t-m.at /~'! $'00&1.... po ~ sf. J gLv fre~'S ..,~ , Commonwealth of Pennsylvania, in the manner described below: ----,t=-Defendant personally served. ~Adult family member with whom Defendant(s) reside(s). Name and Relationship is ~ Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. M. ~...u Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. s,.\.~>'pVJCJ _, II (,.. di tpOlt. J Description: Age ~ Height ~ Weight m Race ~ Sex ~ Other ::,l-a-S:5 e '5 I, d~~lJce... l, ~~) ~o;"'petentadult, being duly sworn according to law, depose and state that I personally handed a true and co e~t copy of the Notice of Shentrs Sale in the manner as set forth herein, issued in the Other: captioned case on the date and at the address indicated above, NOTARlALSEAL lUClllEH. CM1Y,~ MY. . Nov.1~ Sworn to and subscr~d be for . e t!;is J!!J..!!. a~ ~ of ~" 200"; Notary: - . By: PLEASE ATTE~ AT LE S 3 TI ES. I ATTEMPTED. NOT SERVED On the day of , 200_, at Moved Unknown No Answer 15t Attempt: / / Time: 3rd Attempt: / / Time: o'clock _.m., Defendant NOT FOUND because: Vacant 2nd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg. Esauire - LD. No. 62205 ~ Q, <<<! <) ~ ::? -;Q ~ ~ l'i"~ <(~,-, ~ -<\~\ ~ 1} ...-:It" _ O. h" ~ _"p, ,....::..,~;,' V' ; ""' fi",.'. ~ '.:'2.>::"...0 f"\ 2-'-' -:S -,... ...-\ ?:\,--' v' "7- :.t cc:. ." ~ y",,~ '" . :2 '" -, PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN ST AnON 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK MINNESOTA, N.A., AS INDENTURE TRUSTEE FOR THE COUNTRYWIDE HOME LOANS TRUST 2001, 2001-HLV1, SERIES 2001-HLV1 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 Plaintiff, v. LEROY B. SALISBURY CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-3521 CIVIL TERM 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 LEROY B. SALISBURY and, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 7/9/05 to 9/2/05 TOTAL $37,314.02 $496.72 $37,810.74 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. 1J~ fi J DANIEL G. SCHMIEG, ES Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. 'I DATE: 51 L~ bl d.-coS . ~ PRO PROTHY , PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK MINNESOTA, N.A., AS INDENTURE TRUSTEE FOR THE COUNTRYWIDE HOME LOANS TRUST 2001, 2001-HLV1, SERIES 2001-HLVl 4828 LOOP CENTRAL DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-3521 CIVIL TERM Plaintiff, v. LEROY B. SALISBURY 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 ofthe 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 LEROY B. SALISBURY is over 18 years of age and resides at , 127 SOUTH PENN STREET, SHIPPENSBURG, PA 17257. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. J7~ fl-x\~ DANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff 4 (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW WELLS FARGO BANK MINNESOTA, N.A., AS INDENTURE TRUSTEE FOR THE COUNTRYWIDE HOME LOANS TRUST 2001, 2001-HLVl, SERIES 2001-HLVl 4828 LOOP CENTRAL DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-3521 CIVIL TERM Plaintiff, v. LEROY B. SALISBURY Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ~ By: ~!ff!4<X)~~ If you have any questions concerning this matter, please contact: ff~J:1--!~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE 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 AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (? 1 'i) 'i61-7000 WELLS FARGO BANK MINNESOTA, N.A., AS : COURT OF COMMON PLEAS INDENTURE TRUSTEE FOR THE COUNTRYWIDE HOME LOAN TRUST 2001 2001-HLVI, SERIES 2001- : CIVIL DIVISION HLVl Plaintiff : CUMBERLAND COUNTY Vs. : NO. 05-3521 LEROY B. SALISBURY Defendants TO: LEROY B. SALISBURY 127 SOUTH PENN STREET SHIPPENSBURG, P A 17257 DATE OF NOTICE: ATJGTJST 17, 2005 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 DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WIn INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff (J ~ ~~ /). -a r--..) \) n = ~ ~: '..;;.::.) C c.:]'1 D C/) :t:. ~ 1-;, f', -t} -- -. I f ~ ~ 0--' _. ""V> J ,--, 1.- -:;'1 ~ ~ -_. ~ [;) N .. QJ" ()' 0 ..., N ~ ~ -, WELLS FARGO BANK MINNESOTA, N.A., AS INDENTURE TRUSTEE FOR THE COUNTRYWIDE HOME LOANS TRUST 2001, 2001-HLV1, SERIES 2001-HLVl Plaintiff, No. 05-3521 CIVIL TERM v. LEROY B. SALISBURY Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $37,810.74 ./ Interest from 9/2/05 to DECEMBER 7, 2005 (per diem -$6.22) $597.12 and Costs TOTAL $38,407.86 ff~Jf~ DANIEL G. SCHMIEG, ES One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. < ~~ o~ ~'i' ~~ ~~ ~z ~~ ~~ o~ uZ ~5 Ou ~~ 5~ u~ ~~ ~~ ~G ;.7J ':--- ~~"i:- 0: tJ;:J \ ;~~~ cl) v'"" c::;:> C:::>, <;-' f ~ ~~\'Jl"" Z~~ ~ ~ ~~~~ OO{/)G \'Jl~~O ~~O~ Z~~~ i~~~ ~i:'o~ ~r-~~ ~~~~ o~~~ ~z~o '<~~O ~~r-~'" \'Jl~ZG ~~5~ ~ u ~ -J- ci .;, ... ~ ~ \'Jl ~ ~ \'Jl ~ ~ ; ~\ 0~ r{ Z o ~ ~ G ~~ ~a ~-% o ~ ~~ ~~ ~~ ~ Q ~6 e: u ~ ~ '-- ~ '" ............ --d (l- ;:) ~?h .J <J e. '>. 'c-i. ~~ ..J o >:J'S'\) ~ } ,; \0 :::r- -'-'I \<j iir -d ~ ;;:::. ~ r- It"l M r- .... < ~ ~ ';J ~ Z ~ ~ e: ~ ... ~ ~ ~ Z ~ ~ ~ ~ ';J o \'Jl r- M .... ~--------------- .....----_. -d ~ t (/) ~ .D ~ 8 Ui <f> ~ I-< :g -< (/) E) g. p.. ~ ~ 1 VJ Ji ~ 3 ~ ~ ~ .:rj ~ a r6 V) c.. '"J: ~ - .r lLt \ ( '-.J .. -. DESCRIPTION ALL the following described real estate, together with improvements thereon erected, lying and being situate in the Borough of Shippensburg, Cumberland County, Pennsylvania, bounded and limited as follows: BEGINNING at a point on South Penn Street at corner of lands now or formerly of John Baer; thence by South Penn Street, South about 20 feet to a point at corner of lands now or formerly of Daniel A. Orris and Marion A. Orris, husband and wife; thence by said lands now or formerly of Daniel A. Orris and Marion A. Orris, husband and wife, East through the center wall of a two and one-half story frame shingled dwelling, 118 feet more or less, to a point on line of lands now or formerly of Edna West; thence by said lands now or formerly of Edna West, North about 20 feet to a point at lands now or formerly of John Baer; thence by said lands now or formerly of John Baer, West 118 feet, more or less, to a point on South Penn Street, the place of BEGINNING. The center wall or division wall for premises Nos. 127-129 South Penn Street, Shippensburg, PA shall be regarded as a party wall with all the rights and incidents thereto for the respective owners of each of said premises 127 and 129 South Penn Street, Shippensburg, P A RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Leroy Bruce Salisbury by Deed from American Housing Trust, dated 6-7-95 and recorded 7-5-95, in Deed Book 124, Page 692. PREMISES BEING: 127 SOUTH PENN STREET, SHIPPENSBURG, PA 17257 PARCEL #33-34-2415-135 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3521 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, MINNESOTA, N.A., AS INDENTURE TRUESTEE FOR THE COUNTRYWIDE HOME LOANS TRUST 2001 Plaintiff(s) From LEROY B. SALISBURY, 127 S. PENN ST., SHIPPENSBURG P A 17257 (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 127 S. PENN ST., SHIPPENSBURG PA 17257 (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 $37,810.74 L.L. $.50 Interest FROM 9/2/05 TO 12/7/05 @ $6.22 PER DIEM = $597.12 Atty's Comm % Due Prothy $1.00 Atty Paid $126.00 Plaintiff Paid Other Costs Date: SEPTEMBER 6, 2005 Prothonotary ( Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQ. Address: ONE PENN CENTER @ SUBURBAN STATION 1617 JFK BLVD., STE 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 . . -.. WELLS FARGO BANK MINNESOTA, N.A., AS INDENTURE TRUSTEE FOR THE COUNTRYWIDE HOME LOANS TRUST 2001, 2001-HLV1, SERIES 2001-HLVl Plaintiff, v. LEROY B. SALISBURY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-3521 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) WELLS FARGO BANK MINNESOTA. N.A.. AS INDENTURE TRUSTEE FOR THE COUNTRYWIDE HOME LOANS TRUST 2001. 2001-HLV1. SERIES 2001-HLV1, Plaintiff in th~ 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 .127 SOUTH PENN STREET. SHIPPENSBURG. PA 17257. 1. Name and address ofOwner(s) or reputed Owner(s): Name LEROY B. SALISBURY Last Known Address (if address cannot be reasonably ascertained, please indicate) 127 SOUTH PENN STREET SHIPPENSBURG, P A 17257 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) of :. -~... 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) DAUPHIN DEPOSIT BANK AND TRUST COMPANY P.O. BOX 4800 HARRISBURG, P A 17111 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 127 SOUTH PENN STREET SHIPPENSBURG, P A 17257 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. September 2, 2005 DATE JY~Jl-1 DANIEL G. SCHMIEG, E Attorney for Plaintiff r 1"-:> 0 = c..:.? -n C-J'"l , V" -,""] N c:~ tv ---~_.-.._---~ PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK MINNESOTA, N.A., AS INDENTURE TRUSTEE FOR THE COUNTRYWIDE HOME LOANS TRUST 2001, 2001-HLV1, SERIES 2001-HLVl CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-3521 CIVIL TERM LEROY B. SALISBURY 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. :v~~~ DANIEL G. SCHMIEG, ES E Attorney for Plaintiff rc; c:> = -n C_f'1 - , CT' N ("..:.~ 1"';' ~ ----- WELLS FARGO BANK MINNESOTA, N.A., AS INDENTURE TRUSTEE FOR THE COUNTRYWIDE HOME LOANS TRUST 2001, 2001-HLVl, SERIES 2001-HLVl Plaintiff, CUMBERLAND COUNTY No. 05-3521 CIVIL TERM v. LEROY B. SALISBURY Defendant(s). September 2, 2005 TO: LEROY B. SALISBURY 127 SOUTH PENN STREET SHIPPENSBURG, P A 17257 **THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at . 127 SOUTH PENN STREET. SHIPPENSBURG. P A 17257. 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 $37.810.74 obtained by WELLS FARGO BANK MINNESOTA. N.A.. AS INDENTURE TRUSTEE FOR THE COUNTRYWIDE HOME LOANS TRUST 2001. 2001-HLVl. SERIES 2001-HLVl (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: L The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, ifthe 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 ofthe money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 DESCRIPTION ALL the following described real estate, together with improvements thereon erected, lying and being situate in the Borough of Shipp ens burg, Cumberland County, Pennsylvania, bounded and limited as follows: BEGINNING at a point on South Penn Street at corner of lands now or formerly of John Baer; thence by South Penn Street, South about 20 feet to a point at corner of lands now or formerly of Daniel A. Orris and Marion A. Orris, husband and wife; thence by said lands now or formerly of Daniel A. Orris and Marion A. Orris, husband and wife, East through the center wall of a two and one-half story frame shingled dwelling, 118 feet more or less, to a point on line of lands now or formerly of Edna West; thence by said lands now or formerly of Edna West, North about 20 feet to a point at lands now or formerly of John Baer; thence by said lands now or formerly of John Baer, West 118 feet, more or less, to a point on South Penn Street, the place of BEGINNING. The center wall or division wall for premises Nos. 127-129 South Penn Street, Shippensburg, P A shall be regarded as a party wall with all the rights and incidents thereto for the respective owners of each of said premises 127 and 129 South Penn Street, Shippensburg, P A RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Leroy Bruce Salisbury by Deed from American Housing Trust, dated 6-7-95 and recorded 7-5-95, in Deed Book 124, Page 692. PREMISES BEING: 127 SOUTH PENN STREET, SHIPPENSBURG, PA 17257 PARCEL #33-34-2415-135 - ---------.-..-.. ~ C) '5; -n --I .... \ C'-', ~~ r::? o r0 ._~ -----... .~-,---------- SHERIFF'S RETURN - REGULAR CASE NO: 2005-03521 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK MINNESOTA NA VS SALISBURY LEROY B BRYAN WARD Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon SALISBURY LEROY B the DEFENDANT , at 0014:17 HOURS, on the 27th day of July 2005 at 127 SOUTH PENN STREET SHIPPENSBURG, PA 17257 by handing to MATT SALISBURY (ADULT SON) a true and attested copy of NOTICE together with COMPLAINT IN MORTGAGE FORECLOSURE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 16.00 .00 10.00 .00 44.00 So Answers: ~~~'" R. Thomas Kline 07/29/2005 PHELAN, HALLINAN & SCHMIEG Sworn and Subscribed to before By: ~ ~ W-J Deputy ~heriff me this /~-rll day of IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA WELLS FARGO BANK MINNESOTA, ) N.A., AS INDENTURE TRUSTEE FOR ) THE COUNTRYWIDE HOME LOANS TRUST 2001, 2001-HL VI, SERIES 2001- HLVl CIVIL ACTION ~. ) ) CIVIL DIVISION NO. 05-3521 CIVIL TERM LEROY B. SALISBURY AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney for WELLS FARGO BANK MINNESOTA, N.A., AS INDENTURE TRUSTEE FOR THE COUNTRYWIDE HOME LOANS TRUST 2001, 2001-HLV1, SERIES 2001-HLVl hereby verify that on 9/2/05 true and correct copies of the Notice of Sheriffs sale were served by certificate ofmai]ing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: November 3, 2005 WELLS FARGO BANK MINNESOTA, N.A., AS INDENTURE TRUSTEE FOR THE COUNTRYWIDE HOME LOANS TRUST 2001, 2001-HLVI, SERIES 200I-HLVI CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-3521 CIVIL TERM LEROY B. SALISBURY Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) WELLS FARGO BANK MINNESOTA, N.A., AS INDENTURE TRUSTEE FOR THE COUNTRYWIDE HOME LOANS TRUST 2001. 2001-HLV1, SERIES 2001-HLV1, 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 ,127 SOUTH PENN STREET, SHIPPENSBURG, PA 17257. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LEROY B. SALISBURY 127 SOUTH PENN STREET SHIPPENSBURG, PA 17257 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DAUPHIN DEPOSIT BANK AND TRUST COMPANY P.O. BOX 4800 HARRISBURG, PA 17111 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 127 SOUTH PENN STREET SHIPPENSBURG, PA 17257 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. September 2, 2005 DATE ~~.Jl-1~ DANIEL G. SCHMIEG, E DIRE Attorney for Plaintiff .... .,,-< ;::;" 0 ~ g. - .- <J>. z. U\ J:>. is ~i ~~ ~ l\' - '-" ?:';} C g ~ ~L' U~ g.s, l;P ~~. ~ & a t: '" ~ '< '" ",." "" .g g 0:;... d (') 1& ~" ." ~ z ~ " i s', , ~ (2~~~;1 8 ~~. an "'d~ot $~ s g ~ v> ~ III l! 0 I>' to -.7; i:t e; ~. !. g' ~. le ~ ...,0 ~ _ ."'_ 0 e'~" ~ ~R' 8~ ~ ~~""jf ~'Q''i5''l3 _. g...,,'"& ~; 01>'''' *.a a~g ~5 o -- ~ R t. g~~Sg :i~g~o> ily>roiij::= '\1 ~'i1\~ ~~,ll'g ~. ~ a Ii at 5" i[ig ';:l '" (ll ~ ~.g ~~, :;,~?; C g'O.~ ...<<fin ~.fj-S~' S-l'ij';;I6 .gg2g, [w\t -1 ":0 ~ '" g 'ii ~ ~.R' ~ 0-. ro ~ ~ . Wag~ .. ~;;,.' 6' i~'~~ lrd J:~ 8" ~g~~ ~~.'" 9: I>' '" 'S. n ~ "'6' ~ ~... - N - - - o '" fA -' 0. '" .. v.> N - r" g' a ~ .. :z: <= 3 ". .. ~ ~.; Cl..-l(')Cl~ ~~~~% ~~~::l~. Clg~(')' ~~~~~ ~>9~~ z 0 s. ~ ..-l ~ Z "" ~ ~_ "t:I If) ~ 7\~~~~ ~~~oi ~~~~i ~ ~ ~ ~ (') ~ 0 ~ ~ '" Cl C3 'il ~ ~ 8 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ gs ~ ~ ~ ~ \";; ~ ~ ~ ~ 0 '" ~ ~ ~ ~ -' ~ ~ ~ ~ "" ;,. ~ \~ ~ r" ~ ~ 9 ;,. "d ;,. - -' - o '" o;,.Z ...,..... Ul~S '" '" '" 1:2 '" '" "''''1:2 ~ ... .,,_0'" g:~~~ ",-'."" g--~o> :g:g.gZ ~~i~ _t:>"''''' ....O~_:z.. o~~~ "'....<:r ;.."'E;1'l' ""ocr ...-E...t>lf/J. -l'>~d(') <Ile;",,;I; i".g-a .. 0 [ll '" ""::> CJ -" - ~; -. r' g (b . "'d __ -r ;.~ :-0 :;;0 ~ 1lI - -' o - '-" \ r::;"':.'" ~!..;""""" 4}t-~I'O.sI-~ / It' .~(U; ~_If .1:11/; I : ~ ~ - m<<"'''''''''' \~\ . ~ [{? . OZ 1A $ 01.200 h'V; . .f:?' 0004300317 SEP OZ 2005 I ';'~ I MAILED FROM ZIP CODE 1 91 03 "\ \ \ \ \ I I I I ' , " 0 ....., c:,~.") () ( <::::.:1 (Jl -n ;r: --\ C:) -r -< f:l~2 r:-'I 0 C-" l' (~) -:J ",', -1l." ;.o??~ !'-, '~~) I fl ",..:- ..-! -j ('.) ~;'; -'-. N ..< COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Pledged Property IX LLC is the grantee the same having been sold to said grantee on the 7th day of December AD., 2005, under and by virtue of a writ Execution issued on the 6th day of September, AD., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 3521, at the suit of Wells Fargo Bk Minnesota N A Trustee for Countrywide Hm Lns Trust 2011 against Leroy B Salisbury is duly recorded in Deed Book No. 2.72, Page 4129. IN TESTIMONY WHEREOF, I have hereunto set my hand /9-ti: , AD. .;? tJ~ seal of said office this day of , , Wells Fargo Bank Minnesota, N.A. As Indenture Trustee for the Countrywide Home Loans Trust 2001, 2001-HLVI, Series 2001-HLVI VS Leroy B. Salisbury The Court of Common Pleas of Ctunberland County, Pennsylvania Writ No. 2005-3521 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Leroy B. Salisbury, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sheriffs Sale and Description as NOT FOUND, as to the defendant, Leroy B. Salisbury. Numerous attempts at service were made at 127 South Penn Street, Shippensburg, P A 17257, but Sheriffs Deputies were not able to make contact with any individuals. Neighbors advised the Deputies that defendant stops by the house every three to four weeks for approximately ten minutes, then leaves again. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 19,2005 at 6:55 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 Leroy B. Salisbury located at 127 South Penn Street, Shippensburg, 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: Leroy B. Salisbury, by regular mail to his last known address of 127 South Penn Street, Shippensburg, P A 17257. This letter was mailed under the date of November 01. 2005 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 December 7, 2005 at 10:00 o'clock A.M. He sold the same for the sum of$1.00 to Attorney Daniel Schmieg for Wells Fargo Bank Minnesota, N.A. assigned to Pledged Property IX LLC. It being the highest bid and best price received for the same, Pledged Property IX LLC of 4828 Loop Central Drive, Houston, TX 77081- 2226, being the buyer in this execution, paid to Sheriff R. Thomas Kline the stun of $1,008.3 1. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer $30.00 19.77 15.00 15.00 30.00 10.00 Law Library Prothonotary Mileage Certified Mail Levy Surcharge Postage Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed .50 1.00 32.00 17.68 15.00 20.00 .74 389.00 327.23 20.89 25.00 39.50 $1,008.31 Sworn and subscribed to before me This .l<ll!:. day of Q.... 'J 2006, A.D. Prothonotary ?:?2:.~~~~~ R. Thomas Kline, Sheriff ,)<-~ . ~ ,.....J 'Ow ? tP \ ck/ ..,-;{ 5;(J ~, 1/.1:1.</7 WELLS FARGO BANK MINNESOTA, N.A., AS INDENTURE TRUSTEE FOR THE COUNTRYWIDE HOME LOANS TRUST 2001, 2001-HLVI, SERIES 2001-HLVI CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-3521 CIVIL TERM LEROY B. SALISBURY Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) WELLS FARGO BANK MINNESOTA, N.A., AS INDENTURE TRUSTEE FOR THE COUNTRYWIDE HOME LOANS TRUST 2001. 2001-HLV1, SERIES 2001-HLV1, 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 .127 SOUTH PENN STREET, SHIPPENSBURG, PA 17257. L Namc and address ofOwner(s) or rcputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LEROY B. SALISBURY 127 SOUTH PENN STREET SHIPPENSBURG, PA 17257 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) DAUPHIN DEPOSIT BANK AND TRUST COMPANY P.O. BOX 4800 HARRISBURG, PA 17111 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 (i f address cannot be reasonably ascertained, please indicate) Tenant/Occupant 127 SOUTH PENN STREET SHIPPENSBURG, PA 17257 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. September 2, 2005 DATE <jj~Jr-1 DANIEL G. SCHMIEG, E UIRE Attorney for Plaintiff WELLS FARGO BANK MINNESOTA, N.A., AS INDENTURE TRUSTEE FOR THE COUNTRYWIDE HOME LOANS TRUST 2001, 2001-InNl, SERIES 2001-lILYl Plaintiff, CUMBERLAND COUNTY No. 05-3521 CIVIL TERM v. LEROY B. SALISBURY Defendant(s). September 2, 2005 TO: LEROY B. SALISBURY 127 SOUTH PENN STREET SHIPPENSBURG, PA 17257 ""THIS FIRM IS A DEBT COLLECTOR ATTEMPTING 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 PROPER1Y. ** Your house (real estate) at, 127 SOUTH PENN STREET, SHIPPENSBURG, PA 17257, 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 $37,810.74 obtained by WELLS FARGO BANK MINNESOTA, N.A., AS INDENTURE TRUSTEE FOR THE COUNTRYWIDE HOME LOANS TRUST 2001, 2001-HL VI, SERIES 2001-HLVl (the mortgagee) against you. In the event the sale is continued, an alll10uncement will be made at said sale in compliance with Pa.Rep., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: L The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, ifthe 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. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3521 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, MINNESOTA, N.A., AS INDENTURE TRUESTEE FOR THE COUNTRYWIDE HOME LOANS TRUST 2001 Plainliff(s) From LEROYB. SALISBURY, 127 S. PENN ST., SHIPPENSBURG PA 17257 (1) You are directed to levy upon the property ofthe defendant (s)and to sell REAL ESTATE LOCATED AT 127 S. PENN ST., SHIPPENSBURG PA 17257 (SEE LEGAL DESCRIPTION) . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (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 $37,810.74 LL $.50 Interest FROM 9/2/05 TO 12/7/05 @ $6.22 PER DIEM = $597.12 Atty's Corum % Due Prothy $1.00 Atty Paid $126.00 Plaintiff Paid Date: SEPTEMBER 6, 2005 Other Costs c~~,- CURTIS R. LON~P '1 Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQ. Address: ONE PENN CENTER@ SUBURBAN STATION 1617 JFKBLVD., STE 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 Real Estate Sale #56 On September 12,2005 the Sheriff]evied upon the defendant's interest in the real property situated in Shippensburg Borough, Cumberland County, PA Known and numbered as 127 South Penn Street, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. ..~ Date: September 12,2005 By: J~dJJ,/~ Real Estatl1 Sergeant .-' ......CJ c:;..' '....J'. ~ c::u:v ~ ~ o;iV u J) . . 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 III the 25th day(s) of October and the 1st and 8th day(s) of Novemher 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 hue; 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 una11l11lously passt:d 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 Bnok "M", Volume 14, Page 317. PUBLICATION COPY ~ ---) S~~;~';~'~~d';&~r;;.i~:;:~~~'~;;;b~;'2005'A.'D. NOTARIAl SEAL Terry L. Russell, Notary Public City of Harrisburg,' phin County My.Commission Ex res June q"" 06 7. ember, Pe:lnsyJ\j,~n AssocJaHonof tarie'l /1; t/V;/ ''--;/fl;I~~ NOTARY PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 REAL ESTATE SALE No. 511 Writ No. 2UH 3521 CIvlfTerm _Is Fsrgo Bank Mln_, M.A., al.-m...Tru_1or the Coun1ryWkle Home Losns Trust 2OO1,2001-HLV1, _ 2OO1-HLV-l Vs Lsroy B. Salisbury Ally: Dsl91sl Schmieg DESCRIPllON AU. the fumwing described real estate, "'getberwilhimpn"'_.......~,lying and being si_ in !be Borough of Sbippeosbwg, Combedand Coooly, Peoosylvaoia, booodcd and limited as follows: IJEGINNING at a point on South Penn Street at comer of lands now or formerly of John Baer; tbeoce by South l'eoo Street, Sooth aboot 2Jl fed to a point at comer of lands now or formerly of Daniel A. Orris and MarionA. Orris,hWlband and wife; tbence by said lands now or formerly of Daoiel A. Orris and _OD A. Orris, husband and wife,Eastthrough the center wall ofa two and one half story liame shingled dwllling.1I8 feet more oc less, to a point on line of lands now or formerly of Edna West; thence by said lands now or formerly of Edna West, North about 20 feet to a point at lands now or formerly of John Baer; tbeoce.by said lands now or funnerly of John Baer, West 118 feet, more or less, to '3. point on Sooth l'eoo Street;lbe place ofBBGINNING. The center wal}'{I' division wall for premises Nos. 127-129 Sooth Peoo Street. Sbippeosbwg, PA shall be regarded)l" a party wall with aU the rights and__forlhe respective owners of each of said premises 127 and 129 Southl'eooStreet,Shippenshmg.PA. TITLE TO SAID FtU!MlSFS is vested in Leroy Bruce Salisbwy by Do:d from Americao Housing Trust.datedfw7I9S and""'lfded 7ISI9S,inDo:d Boot 124,1'age692. PREMISES BEING, 127 Sooth l'eoo Street, Sbippensbwg,PA 17257. PARCEL#ll-34-24IS-13S. . . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. Ll784 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, V1Z: 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. TO AND SUBSCRIBED before me this 28 day of October, 2005 d:A~.L. ~~ ... ..... .~l-;i:;:~.._~"..! ;>:'n,H:n ':\~(l\;:"l ,'-~',;l"" ~ ,'";1.;':; F"i. "j~:'I>~rI:.'~'d >.,1;: ~, "";';':_ _:'1.'" ).. ,; :, )i\l), ~ REAL ESTATE SALE NO. 56 Writ No. 2005-3521 Civil Wells Fargo Bank Minnesota. N .A., as Indenture Trustee for the Countrywide Home Loans Trust 2001, 2001-HLVl, Series 2001-HLVI VS. Leroy R Salisbury Atty.: Daniel Schmieg DESCRrPTION ALL the following descrtbed real estate, together with improvements thereon erected, lying and being situate in the Borough of Shippens- burg, Cumberland County, Pennsyl- vania. bounded and limited as fol- lows: BEGINNING at a point on South Penn Street at corner of lands now or formerly of John BaeT; thence by South Penn Street, South about 20 feet to a point at comer of lands now or formerly of Daniel A. Orris and Marton A. Orris. husband and wife: thence by said lands now or formerly of Daniel A. Orris and Marion A. Orris, husband and wife, East through the center wall of a two and one-half story frame shingled dwelling, 118 feet more or less, to a point on line of lands now or formerly of Edna West; thence by sald lands now or formerly of Edna West. North about 20 feet to a point at lands now or formerly of John BaeT; thence by said lands now or formerly of John Bacr, West 118 feet, more or less, to a point on South Penn Street, the place of BEGINNING. The center wall OT division wall for premises Nos. 127-129 South Penn Street, Shippensburg, PA shalJ be regarded as a party wall with all the rights and incidents thereto [or the respective owners of each of said premises 127 and 129 South Penn Street, Shippensburg, PA. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Leroy Bruce Salisbury by Deed from American Housing Trust, dated 6-7-95 and recorded 7-5~95. in Deed Book 124. Page 692. PREMISES BEING: 127 SOUTIJ PENN STREET. SHIPPENSBURG. PA 17257. Parcel # 33-34-2415-135.