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HomeMy WebLinkAbout05-3612PHELAN 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 (2151 563-7000 WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff v. GARRY L. TETER, JR. 68 G STREET CARLISLE, PA 17013 KIMBERLY A. TETER 13 MOUNTAINVIEW DRIVE CARLISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ~S -3~t'~ CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against [he 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 se[ forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment maybe entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, AA 17013 (800)990-9108 Filed: 83149 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 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. File N: S31A9 Plaintiff is WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2 The name(s) and last known address(es) of the Defendant(s) are: CARRY L. TETER, JR. 68 G STREET CARLISLE, PA 17013 KIMBERLY A. TETER 13 MOUNTAINVIEW DRIVE CARLISLE, PA 170]3 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 02/26/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to GATEWAY FUNDING DIVERSIFIED MORTGAGE SERVICES, L.P which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1523, Page: 4 ] 5. By Assignment of Mortgage recorded 03/01 /99 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 605, Page 282. 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 09/01/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments afrer a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File tl: R3149 6 The following amounts are due on the mort gage: Principal Balance Interest $133,4] 2.15 08/01/2004 through 07/14/2005 8,776.56 (Per Diem $25.22) Attorney's Fees Cumulative Late Charges 850.00 02/26/1999 to 07/14/2005 549.88 Cost of Suit and Title Search Subtotal $ 750.00 $ 144,338.59 Escrow Credit Deficit 0.00 Subtotal 600.10 $ 600.10 TOTAL $ 144,938.69 7 The attorney's fees set forth above are in conformity with the mortgage documents and l th Mortgage is reinstated pb or~o ~ffs Sale. If the Saletreaso able attorne 's f i s y e 8 es w ll be cha ged . The mortgage premises are vacant and abandoned. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 144,938.69, together with interest from 07/] 4/2005 at the rate of $25.22 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN~~/yH~~ALLINAN &(~SCHMIhEGe,~LL~P~I. ' rt'~if~Q c~ /gb4~i~(~T.~_ BY~ /s/Francis S. Hallman LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Filc N: 83149 LEGAL DESCRIPTION All that certain lot or piece of ground with the building and improvements thereon erected, being known as (50 CLEARVIEW DRIVE, CARLISLE, PA 17013), being further described on that certain Deed dated 02/26/99 and recorded 03/01 /99 in the office of the Recorder of Deeds in CUMBERLAND County in Deed Book No. 195, Page 51. BEING known as 50 CLEARVIEW DRIVE Filc q: 83149 FRANCIS S. HALLINAN, ESQUIIZE 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. DATE: ~~ ~NlGrc d /~~cX~-_--- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff ~ c~a C} I_ V ll Vl I I I ^ 'V ! ~W '` ~7 -1) ( ' ~ ~. J :-:. i ~~ (` SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-03612 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS TEETER CARRY L JR ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT TETER KIMBERLY A but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE the within named DEFENDANT TETER KIMBERLY A 68 G STREET CARLISLE, PA 17013 DEFENDANT DOES NOT RESIDE AT ABOVE ADDRESS. Sheriff's Costs: So answers: ~-'_ .% Docketing 6.00 ice'" _, Service .00 ~;~~~r~r~"<i- ~C Affidavit .00 ~ R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 16.00 PHELAN HALLINAN SCHMIEG 08/09/2005 Sworn and subscribed to before me this ,~~ij7~ day of O9 A.D.. Pro onot ` NOT FOUND as to SHERIFF'S RETURN - NOT FOUND CASE N0: 2005-03612 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS TEETER CARRY L JR ET R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT TETER CARRY L JR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOTICE the within named DEFENDANT TETER CARRY 13 MOUNTAINVIEW CARLISLE, PA 17013 NOT FOUND as to DEFENDANT DOES NOT RESIDE AT ABOVE ADDRESS. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 So answers_,. r~ _.~` G " ~ T R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN AND SCHMIEG 08/09/2005 Sworn and subscribed to before me this ~ day of ~~ ~hn 5~ A.D. 01 Pr~thonota SHERIFF'S RETURN - NOT FOUND CASE N0: 2005-03612 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS TEETER CARRY L JR ET AL Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT TETER CARRY L JR but was unable to locate Him in his bailiwick COMPLAINT - MORT FORE , NOTICE He therefore returns the the within named DEFENDANT TETER CARRY L JR 50 CLEARVIEW DRIVE CARLISLE, PA 1 NOT FOUND as to DEFENDANT DOES NOT RESIDE AT ABOVE ADDRESS. Sheriff's Costs: So answers~~ i Docketing 6.00 ~ j/ ,-;~~ ~' Service .00 - j Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 16.00 PHELAN HALLINAN SCHMIEG 08/09/2005 Sworn and subscribed to before me this ~ rn day of ~Uc~ A.D. Pro onotar SHERIFF'S RETURN - NOT FOUND CASE N0: 2005-03612 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS TEETER CARRY L JR ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT TETER KIMBERLY A but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOTICE the within named DEFENDANT SO CLEARVIEW DRIVE NOT FOUND as to TETER KIMBERLY A CARLISLE, PA 17013 DEFENDANT DOES NOT RESIDE AT ABOVE ADDRESS. Sheriff's Costs: So answers: Docketing 6.00 ;-~ iii ---" Service .00 ~~~°G~/ Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 16.00 PHELAN HALLINAN AND SCHMIEG 08/09/2005 Sworn and subscribed to before me this ~(p~- day of ~~_ b A.D. `~ Pr thonot U SHERIFF'S RETURN - REGULAR CASE N0: 2005-03612 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS TEETER GARRY L JR ET AL RON HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TETER KIMBERLY A the DEFENDANT at 1100:00 HOURS, on the 28th day of July 2005 at 13 MOUNTAINVIEW DRIVE CARLISLE, PA 17013 DENNIS OVERBAUGH, FATHER OF by handing to KIMBERLY TETER a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 4.00 Affidavit .00 Surcharge 10.00 .00 20.00 Sworn and Subscribed to before me this ~ day of A.D. roth ry So Answers: ~~ .~~ R. Thomas Kline 08/09/2005 PHELAN HALLINAN AND SCHMIEG By: Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE N0: 2005-03612 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N VS TEETER CARRY L JR ET AL BRYAN D. WARD Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE TETER CARRY DEFENDANT the at 1830:00 HOURS, on the 20th day of July 2005 at 68 G STREET CARLISLE, PA 17013 by handing to CARRY TETER a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.00 Affidavit .00 Surcharge 10.00 .00 32.00 Sworn and Subscribed to before me this /d~~^ay, of OCf~V A . D . otho ry So Answers: R. Thomas Kline 08/09/2005 PHELAN HALLINAN SCHMIEG 1 By ~ ~ J ~ Deputy Sheriff was served upon AFFB)AVIT OF SERVICE CUMBERLAND COUNTY PL.h i:JTIFF' WELLS FARGO BANK, N.A, S/B/M TO WELLS FARGO HOME MORTGAGE, No. OS-3612 CIVIL TERM INC., F/K/A NORWEST MORTGAGE, INC. ACCT. #5551634 DEFENDANT(S) GARRY L. TETER, JR KIMBERLY A. TETER Type of Action - Notice of Sheriff s Sale SERVE KIMBERLY A. TETER AT 13 MOUNTAINVIEW DRIVE Sale Date: MARCH 8, 2006 CARLISLE, PA 17013 SERVED CZJ Served and made known to ~cJU$~~~ I ~"r~ , Defend~nlt, on the ~ I day of ©(~'D~v j- 200, at 1~." ~b ,o'clock ~.m., at ~ 3 I^~1dlc.vt ~3invl'e~/ ~Jr~ ~~~ 15 ~L Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in chazge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age ~ Height.-0-4 Weight I hV Race W Sex ~ Other I, ~~~I/ L ~--- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. to and subsc i L~!~''4``-L ay rr ,200 /` _ AA .. BV: ~L~LE~~ A~'~1~~j1~IPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE //// State of~PYJew.lersey ATTEMPTED. PATRICIA E HARr'IS Commission Expires June 16, 2008 NOT SERVED On the day of , 200_, at o'clock _.m., Defendant NOT FOUND because: _ Moved Unknown _ No Answer Ist Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of , 200 _. Notary: By: Vacant 2°d Attempt: / / Time: Attorney for Plaintiff 1 ,. Daniel G. Schmieg, Esquire "`i I.D. No. 62205 ~~ .° r> G~ r"~ ~ ? -n - , - -~ -- - '-t ..: ~~':-s-: ...~ '~~t h) ~~ `iv . _ t,{2 . PHELAN HALLINAN &SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney far Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (2151 563-7000 WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. GARRY L. TETER, JR. KIMBERLY A. TETER NO. OS-3612 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 GARRY L. TETER, JR. and KIMBERLY A. TETER, 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 7/15/05 to 9/22/05 TOTAL $144,938.69 $1,765.40 $146,704.09 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. G4, i G ' ~-/' ~ DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: '..i~~~ ~ 01 bL~S" PRO ROTH (Rule of Civil Procedure No. 236) -Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A CUMBERLAND COUNTY NORWEST MORTGAGE, INC. COURT OF COMMON PLEAS 3476 STATEVIEW BOULEVARD CIVIL DIVISION Plaintiff, NO. OS-3612 CIVIL TERM v. GARRY L. TETER, JR. KIMBERLY A. TETER Defendant(s). (Notice is given that a Judgment in the above-captioned matter has been entered against you on J (. 200 S. By: If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUI>~ Attorney for Plaintiff ~~// ONE PENN CENTER AT SUBURBAN STATION 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 AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 ~ ls~ sfi~-7non WELLS FARGO BANK, N.A., S/B/M TO WELLS :COURT OF COMMON PLEAS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintifl CNIL DIVISION Vs. GARRY L. TETER, JR KIMBERLY A. TETER Defendants TO: GARRY L. TETER, JR. 68 G STREET CARLISLE , PA 17013 DATE OF NOTICE: AiiGIiST 29 2005 CUMBERLAND COUNTY NO. OS-3612 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 RECENED 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 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. [F YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN, HALLINAN AND SCHMIEG By. Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (715) Sfi3-7000 WELLS FARGO BANK, N.A., SB/M TO WELLS :COURT OF COMMON PLEAS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. : CML DNISION Plaintiff Vs. GARRY L. TETER, JR. KIMBERLY A. TETER Defendants CUMBERLAND COUNTY NO. OS-3612 TO: IMBERLY A. TETER 13 MOUNTAINVIEW DRNE CARLISLE, PA 17013 DATE OF NOTICE: ArralrsT 29, zoos 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 [S 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 W RITTEN 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 MAY BE ENTERED AGAINST YOU W ITHOUT 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 MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUN"FY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff _ PHELAN HALLINAN &SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A CUMBERLAND COUNTY NORWEST MORTGAGE, INC. COURT OF COMMON PLEAS 3476 STATEVIEW BOULEVARD CIVIL DIVISION Plaintiff, NO. OS-3612 CIVIL TERM v. GARRY L. TETER, JR. KIMBERLY A. TETER 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 GARRY L. TETER, JR. is over 18 years of age and resides at , 68 G STREET, CARLISLE, PA 17013 . (c) that defendant KIMBERLY A. TETER is over 18 years of age, and resides at , 13 MOUNTAINVIEW DRIVE, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~ C ~~~; DANIEL G. CHMIEG, ESQUI Attorney for Plaintiff ~ ~ ~ _ ~ P ~ ~ -4 W ~ ~ C rv ~_ -~. 1,~;-~ w r~ C~ U T N c~ G~ 0 -n ~~,= _~,,,, -~, ~ "> ~;- r;, ~~ %~G UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLV~ IN- RE: Garry L. Teter, Jr. and Kimberly A. Teter, husband and wife BCY # 1-03-06140 ORDER DISMISSING CASE NOW, this 2~ day of ~~-,.~. , 2005, ~-r~ Hnnr-.isi ~-~~LD Pn APR 2 2 2005 L-- --- Upon consideration of Petition for Voluntary Dismissal by Debtors (and hearing ff appropriate), and it having been determined that this case should be dismissed, it is ORDERED that the case of the above-named debtors be and it is hereby dismissed and it is further ORDERED that the Trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. BY THE CO T: 0 .l~Q•n~CJ2„ MA F NCE, BANKRUPTCY JUDGE ~Dk HARRISBURG, PENNSYLVANIA 32? WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff, No. OS-3612 CIVIL TERM v. GARRY L. TETER, JR. KIMBERLY A. TETER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 9/22/05 to MARCH 8, 2006 (per diem -$24.12) $146,704.09 $4,028.04 and Costs TOTAL $150,732.13 ~ ~~ DANIEL G. CHMIEG, ESQUIRE One Penn Center at Suburban Statio 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. M O r a a ~~ 0 ~'+ U ~, ~ W W O ~ Q~+~ tom,? ~ ~~ Cr"~ 9 (~sl. ~ ~ ~ W ~ W W m ~ ~ F{~ p"~,y ~ ~~,,d' ~W O d o ~E~ ~ O~~W ~ pN H ~ F w ~ mO ¢, ~ ~ ~~'' d~~ > .a~ F4~ `~ ter" ~ O ~ ~ d ~ 7 ~. ~W ° ~ 'v, 3 ~ O CQ7 O~ ~~ a~ ~ Vi W .C, ~~ ~~~ °~ ~ ~v ~3 q p q i y ~ ~ U7 y Y i > ~ ~~ ~ Q d' t ~1 w ~?- y, .hx-- ~ 1 ~ ~ ; ~ ~ W °- ~ i~f ~-, y 3 ~ f ~~ t..'~ Q© fl 4 Q O Jl O ~ ~~.~~- ~r WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3612 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., SBIM TO WELLS FARGO HOME MORTGAGE, INC., F(K!A NORWEST MORTGAGE, INC., Plaintiff (s) From GARRY L. TETER, JR. AND KIMBERLY A. TETER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that. (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are duected to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $146,704.09 L.L. $.50 Interest FROM 9/22105 TO 318/06 (PER DIEM - $24.12) - $4,028.04 AND COSTS Atty's Comm Atty Paid $198.00 Plaintiff Paid Date: SEPTEMBER 26, 2005 (Seal) Due Prothy $1.00 Other Costs rothono By ,. Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 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 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff, v. GARRY L. TETER, JR. KIMBERLY A. TETER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. OS-3612 CIVIL TERM 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: Q an FHA mortgage O 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. - ~ ~ . DANIEL G. CHMIEG, ESQU Attorney for Plaintiff ' r~ ~ t: , C._ r ..n ~ 1 '~ [~ ~' ~ YJt 'C7`~~ ,? S'~:J ii J Cf` c. ~~~ ~~ - 4~ ~~~ l ~ M1 Y ~ ~ ~:7 . ~ ~' __ ___ ALL that certain tract of land situate in North Middleton Township, Cumberland County. Pennsylvania, and more particularly bounded and described in acco ance wrt Final-Minor Subdivision Plan for Paul L. and Marjorie M. Cline, prepared by Fisher, Mowery, Rosendale and Associates, Inc., which said subdivision plan is recorded in the (Jffice of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 6S, Page 134, as Colfows BEGINNING at a point on the southern line of Marion Avenue in line of land now or formerly oC Jeffrey S. and Mary B. Austin; thence along the southern line of said Marion Avenue at its intersection with Clearview Drive, North 04 degrees 00 minutes 00 seconds East t I.27 feet to an iron pin; thence by the southern end of said Clearview Drive, North 63 degrees 31 minutes 20 seconds Bast 46.41 feet to an iron pin; thence along the eastern line of said Clearview Drive, North 04 degrees 00 minutes 00 seconds East 44.40 feet to an iron pin; thence along the southern line of Lot No. 6 on the hereinabove mentioned subdivision plan, South 86 degrees 00 minutes 00 seconds East 132.94 feet to an iron pin; thence along Lot No. I (residua( area), Souttr 04 degrees 00 minutes 00 seconds West 92.57 feet to an iron pin; thence along the noRhem line of land now or formerly of said Austin, North 8l degrees 34 nunutes 50 seconds West (73.46 feet to a point, the. place of BEG[NNING_ BEING Lot No. 7 on the hereinabove mentioned subdivision plan; and containing 12,606.75 square feet. CINDER AND SUBJECT, NEVERTHELESS, to the conditions, restrictions and 10 feet drainage casement as noted on the hereinabove mentioned subdivision plan; AND UNDER AND SUBJEC~C, FURTHER, to the following building and use conditions and restrictions, with which building and use conditions and restrictions the within Grantees, their heirs and assigns, by the acceptance of this Deed, agree to comply 1. No trailer, mobile home or similar structure shall 6e located oc maintained on any lot, _ either temporarily or permanently, for any use whatsoever. 2. No basemen[, tent, shack, garage, barn or structure of any temporary character shall be erected or maintained or any lot or used as a residence, either temporarily or permanently. 3. No dwelling house erected on any lot shell contained less than 1,000 square feet of living area, excluding the basement and garage area, and shalt have a roof pitch less than 4112_ 4. No building or cement blocks shall be used in the exterior walls or chimneys of any building erected on any lot above the finished grade of the ground unless faced or covered with brick, stucco, natural stone, wood, aluminum or vinyl siding. BEING the same premises which Pau( L. Cline and Marjorie M. Cline, by Deed dated April 18, 1996 and recorded in the OlFice of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 137, Page 955, granted and conveyed unto Jason L_ Baker and Angela L_ Foltz, now known as Angela L. Baker, Grantors herein. Being Parcel ft 29-16-L092-022 TITLE TO SACD PREMISES [S VESTED IhI Garry L. Teter, Jr., and Kimberly A. Terer by Dced from Jason L_ Baker and Angela L. Baker, for nown as, ngel .. ro z ated 2-26-99, recorded 3-1-99 in Deed Book L95, page 51. BEING: 50 CLEARVIEfi DRIOE, CARLISLE, PA 17013 WELLS FARGO BANK, N.A., S1B/M TO WELLS FARGO HOME MORTGAGE, INC., F/I{/A NORWEST MORTGAGE, INC. v. Plaintiff, GARRY L. TETER, JR. KIMBERLY A. TETER Defendant(s). NO.OS-3612 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3124 (Affidavit No. 1) NORWEST MORTGAGE. INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 50 CLEARVIEW DRIVE. CARLISLE. PA 17013 . 1. Name and address of Owner(s) or reputed Owner(s): Name GARRY L. TETER, JR. KIMBERLY A. TETER COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION Last Known Address (if address cannot be reasonably ascertained, please indicate) 68 G STREET CARLISLE, PA 17013 13 MOUNTAINVIEW DRIVE CARLISLE, PA 17013 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) 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 maybe 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 50 CLEARVIEW DRIVE CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 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 23, 2005 ~/Gt~ " ~ ~"~s~-«/l1 DATE DANIEL G. 5CHMIEG, ESQUIRE/ 1 Attorney for Plaintiff I~~JJJ ~-~ c, ~ -;, c ~r ~ ~, u ;U ~ ' ~ ,~ ~,~ f" -~.-_; =~-} : ` _ r ;1 .-_ ~. r a N,.. WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff, v. GARRY L. TETER, JR. KIMBERLY A. TETER Defendant{s}. CUMBERLAND COUNTY No. OS-3612 CIVIL TERM September 23, 2005 TO: GARRY L. TETER, JR. 68 G STREET CARLISLE, PA 17013 KIMBERLY A. TETER 13 MOUNTAINVIEW DRIVE CARLISLE, PA 17013 » 'THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYlNFORMATION OBTAINED WILL BE USED FOR THAT P URPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. *» Your house (real estate) at 50 CLEARVIEW DRIVE, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on MARCH 8, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $146,704.09 obtained by NORWEST MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 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. 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. 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. L 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 olaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 ALL that certain tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, and more particularly bounded and described in acco ante wrt Final-Minor Subdivision Plan for Paul L. and Marjorie M. Cline, prepared by Eicher, Mowery, Rosendale and Associates, Inc., which said subdivision plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, iu Plan Book 65, Page 1 J4, as follows- BEGINNING at a point on the southern line of Marion Avenue in Gne of land now or formerly of Jeffrey S. and Mary B. Austin; thence along the southern line of said Marion Avenue at its intersection with Clearview Drive, North 04 degrees 00 minutes 00 seconds East t 127 feet to an iron pin; thence by the southern end of said Clearview Drive, North 63 degrees ~ { minutes 20 seconds East 46.41 feet to an iron pin; [hence along the eastern I ine of said Clearview Drive, North 04 degrees 00 minutes 00 seconds East 44.40 feet to an iron pin; thence along the southern line of Lot No_ 6 on the hereinabove mentioned subdivision plan, South 86 degrees 00 minutes OO seconds East ! 32.94 feet to an iron pin; thence along Lot No. 1 (residual area), South 04 degrees 00 minutes 00 seconds West 92.57 feet to an iron pin; thence along the northern line of land now or formerly of said Austin, North 81 degrees 34 minutes 50 seconds West 173.46 feet to a point, the place of $EGINNING. BEING Lot No_ 7 on the hereinabove mentioned subdivision plan; and containing 12,606.7 square feet. UNDER AND SUBJECT, NEVERTHELESS, to the conditions, restrictions and 10 feet drainage easenrenl as noted on the hereurabove mentioned subdivision plan; .ANIJ UNUER AND SUl3JP:C I~, FURTHER, to the following building and use conditions and restrictions, with which building and use conditions and restrictions the within Grantees, their heirs and assigns, by the acceptance of this Deed, agree to comply l . No tcader, mobile home or similar structure shall be located or maintained on any lot, _ either temporarily or permanently, for any use whatsoever. 2. No basement, tent, shack, garage, barn or structure of any temporary character shall be erected or maintained or any lot or used as a residence, either temporarily or permanently. 3. No dwelling house erected on any lot shell contained less than 1,000 square feet of living area, excluding the basement and garage area, and shall have a roof pitch less than 4/ t 2. 4. No building or cement blocks shall be used in the exterior walls or chimneys of any bwlding erected on any lot above khc finished grade of the growtd unless faced or covered with brick, stucco, natural stone, wood, aluminum or vinyl siding. BEING the same premises which Paul L. Cfinc and Marjorie M. Cline, by Deed dated April l8, 1996 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 137, Page 955, granted and conveyed unto Jason L. Baker and Angela L- Foltz, now known as Angela L. Baker, Grantors herein. Being Parcel N 29-16-1092-022 TITLE TO SA[D PREMISES [S VESTED IN Garry L. Teter, Jr., and Kimberly A. Teter by lleed from Iason L. Baker and Angela L. Baker, for own as, ngel .- o z ated 2-26-99, recorded 3-I-99 in Deed Book 195, page 51. BEING: SO CLEARVIEW DRIVE, CARLISLE, PA 17013 c~ ~? -n ~' ' ~r n ~ ~ ~. r- ~-~ -~~ -~ ~.-. •• ~_~ ~: _~ .. RightFax Sandra Cooper Legal Assistant, Est. 1258 October 20, 2005 Office of the Sheriff Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 ATTENTION: JODY 10/20/2005 11:05 PAGE 001/001 Fax Server PHELAN HALLLYAN & SCHMIEG, L.L.P. One Penn Center at Suburban Station 1617 John F. Kennedy Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Main Faa 215-563-5534 Itepreserting Lenders in Pennsylvania and New Jersey FAX; 717-240-6397 Re: WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/ANORWEST MORTGAGE, INC. v. GARRY L. TETER, JR. KIMBERLY A. TETER No. OS-3612 CIVII, TERM J Premises: 50 CLEARVIEW DRIVE, CARLISLE, PA 17013 Dear Jody: Please STAYthe Sheriffs Sale of the above referenced property, which is scheduled for MARCH S, 2006, The Defendarns filed a Chapter 7 Banlauptcy on 101 iros at OS-07683. Please return the original writ of execution to the Prothonotary as soon as possible. Very truly yours, Sandra Cooper Nov. 10, 2005 - Original writ returned to the Prothonotary's Ofc. Nov. 10, 2005 - Copy of writ and $1,500.00 check (#453571) returned to Attorney Schmieg. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.RC.P. 3180-3183 WELLS FARGO BANK, N.A., S/M/B TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff, v. GARRY L. TETER, JR. KIMBERLY A. TETER Defendant(s). No. OS-:3612 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 9/22/05 to JiJNE 7, 2006 (per diem -$24.12) $'.146,704.09 $6,222.96 and Costs TOTAL ATTORNEY FEES AND COSTS $1152,927.05 $6.138.00 ~a'a/wtE.Y . ~-~CJC DANIEL G. SCHMIEG, ES One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 1910:3-1814 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. ~ v o~ o ~~ x w ~7 ~ ~, w ~~ ~~~ z~ dam °~"~ ~' ~ o ~r '~w~, 00 0~~ v c~ o o~ ~~~ ~m Waw ~~ 3~ ~W WF ~ ~, ~ r~ a ~~m ~~ ~ - ~~~ ~~ ~_ ~ ~ ,~ ;_ ~ ~ ~{-~ ,~•3 4.~- O ~ M ~1' O ~. ~~ wo w. od ~w a~ ao a~ M O C' a M +~ Q x+65 ~ v a ~~ `' 3 ~ ~~ ._ ~ ~ ~, N '~ ~. ~, o ~, ~~ v ~~ ~, :~ a .w Vpp V :. ~ ~ ~ ti t ~ ~ ~ wJ ~ ~ ~• C° 4 ~I u -~ ~' rd ? ~ ~E'1 V ALL that certain tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, and more particularly bounded and desedbed in acco ance wd Yinal-Minor Subdivision Plan for Paul L. and Marjorie M. Cline, prepared by Eicher, Mowery, Rosendale and Associates, Inc., which said subdivision plan is recorded in the Office o1 the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 65, Page 134, as follows BF.GiNNING at a point on the southern line of Marion Avenue in Tine of land now or formerly oC Jeffrey S. and Mary B. Austin; thence along the southern line of said Marion Avenue at its intersection with Clearview Drive, North 04 degrees 00 minutes 00 second; East l 127 feet [o an +ron pin; thence by the southern end of said Clearview Drive, North 63 degrees 31 minutes 20 'seconds East 46.41 feet to an iron pin; thence along the eastern line of said Clearview Drive, North 04 degrees 00 minutes 00 seconds East 44.40 feet to an iron pin; thence along the southern Tine of Lot No. 6 on the hereinabove mentioned subdivision plan, South 86 degrees 00 minutes ADO seconds East 132.94 feet to an iron pin; thence along Lot No. L (residual area), South 04 degrees 00 minutes 00 seconds West 92.57 feet to an iron pin; thence along the northern line of land now ar formerly of said Austin, North 81 de~ees 34 minutes 50 seconds Wes[ 173.46 feet to a point, the place of BEGINNING. BEING Lot No. 7 on the hereinabove mentioned subdivision plan; and containing I?,606.7~ square feet. CINDER AND SUBJECT, NEVBRTLiF,LESS, to the conditions, restrictions and 10 fee( drainage easement as noted on the hereinabove mentioned subdivision plan, AND UNDER AND SUBJECT. FURTHER, to the following building and use conditions and restrictions, with which bwlding and use conditions and restrictions the within Grantees, their heirs and assigns, by the acceptance of this Deed, agree to comply L No trailer, mobile home or similar structure shall be located or maintained on any lot, , either temporarily or permanently, for any use whatsoever. 2. No basement, tent, shack, garage, barn or structure of any temporary character shall be erected or maintained or any lot or used as a residence, either temporarily or permanently. 3_ No dwelling house erected on any lot shell contained less than 1,000 square feet of living area, excluding the basement and garage area, and shall have a roof pitch less than 4!12_ 4. No building or cement blocks shalt be used in the exterior walls or chimneys of any building erected on any lot above the finished grade of the ground unless faced or covered with brick, stucco, natural stone, wood, aluminum or vinyl siding. BEING the same premises which Paul L. Cline and Marjorie M_ Chne, by Deed dated April I8, 1996 and recorded in the Office of the Recorder of Deeds in and Cor Cumberland County, Pennsylvania, in Deed Book I37, Pagc 955, granted and conveyed unto Jasoa L. Baker artd Angela L. Foltz, now known as Angela L. Baker, Grantors hereut. Being Parccl# 29-LG-L092-022 TITLE TO SALD PREMISES [S VESTED IN Garry L. Teter, Jr., and Kimberly A_ Teter by Decd from Jason C.- Baker and Angela L- Baker, for - _ nown as, . ngel~Y'o z. ated 2-26-99, recorded 3-I-99 in Deed Book (95, page 5 I. BEING: 50 CLEARVIEp DRIVE, CARLISLE, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO OS-3612 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., S/M/B TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC., Plaintiff' (s) From CARRY L. TETER, JR. AND KIMBERLY A. TETER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in [he possession of anyone other than a named garnishee, you are directed to notify him/her [ha[ he/she has been added as a garnishee and is enjoined as above stated. Amount Due $146,704.09 L.L. Interest FROM 9/22/05 TO 6/7/06 (PER DIEM - $14.12) - $6,222.96 AND COSTS Atty's Comm % $6,138.00 Atty Paid $210.50 Plaintiff Paid Date: JANUARY 6, 2006 (Seal) Due Prothy $1.00 Other Costs ` ~ ~ P othonotary By: :Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Te I ephone: 215-563-7000 Supreme Court ID No. 62205 1 ' 7 IN THE UNITED STATES BANKRUPTCY COURT j ~~ ~Z "' FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ////// ~ IN RE: rj S J ~ ~ Kimberly Ann Teter Bk. No. 1 05-bk-07683 MDF a/k/a Kim's Kreations a/k/a Kimberly A. Teter Chapter No. 7 Garry Lee Teter, Jr. a/k/a Garry L. Teter, Jr. Debtors 11 U.S.C. §362 Wells Fargo Bank, N.A., s/b/m to Wells Fargo Home Mortgage, Inc. Movant v. Kimberly Ann Teter a/k/a Kim's Kreations a/k/a Kimberly A. Teter Garry Lee Teter, Jr. a/k/a Garry L. Teter, Jr. and Leon P. Haller, Esquire (Trustee) Respondents ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of Wells Fargo ]Bank, N.A., s/b/m to Wells Fargo Home Mortgage, Inc. (MOVant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. X362 is modified with respect to premises 50 Clearview Drive, Carlisle, PA 17013, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED that Rule 9001(a)(3) is not applicable and Wells Fargo Bank, N.A., s/b/m to Wells Fargo Home Mortgage, Inc. may immediately enforce and implement this Order granting relief from the automatic stay. By the Cbiurt, BaB up wage (JK) Dated: November 22, 2005 Thds edectronac order as signed and faded on the same date. ~~ v WELLS FARGO BANK, N.A., S/M/B TO WELLS FARGO HOME MORTGAGE, INC., F/K/A CUMBERLAND COUNTY NORWEST MORTGAGE, INC. COURT OF COMMON PLEAS Defendant(s). CIVII, DIVISION NO.O!i-3612 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO BANK. N.A., S/M/B TO WELLS FARGO HOME MORTGAGE, INC., F!K/A NORWEST MORTGAGE, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,50 (~LEARVIEW DRIVE, CARLISLE PA 17013 . 1. Name and address of Owner(s) or reputed Owner(s): v. Plaintiff, GARRY L. TETER JR. KIMBERLY A. TETER Name GARRY L. TETER, JR. KIMBERLY A. TETER Last Known Address (if address cannot be reasonably ascertained, please indicate) 68 G STREET CARLISLE, PA 17013 13 MOUNTAINVIEW DRIVE CARLISLE, PA 17013 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) 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 maybe 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 maybe affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 50 CLEARVIE'W DRIVE CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17(113 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. January 5, 2006 DATE ~~~ .Q c DANIEL G. SCHDnIEG, E UIRE Attorney for Plaintiff ~,> ~, C, -n c~. _n ~~ ~?~' r~ f _ ;('' ~, c? i .. r-uu ~< PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215)563-7000 WELLS FARGO BANK, N.A., S/M/B TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff, v. GARRY L. TETER, JR. KIMBERLY A. TETER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVII. DIVISION NO. OS-3612 CIVIL TERM 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: Q an FHA mortgage O 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. d-~C7r .:C/ a , DANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff WELLS FARGO BANK, N.A., S/M/B TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff, v. GARRY L. TETER, JR. KIMBERLY A. TETER Defendant(s). CUMIIERLAND COUNTY No. OS-3612 CIVIL TERM January 5, 2006 TO: GARRY L. TETER, JR. 68 G STREET CARLISLE, PA 17013 HIMBERLY A. TETER 13 MOUNTAINVIEW DRIVE CARLISLE, PA 17013 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPT/NC TO COLLECT A DEBT AND ANY /NFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND 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 , 50 CLEARVIEW DRIVE, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on JUNE 7, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $146,704.09 obtained by WELLS FARGO BANK, N.A., S/M/B TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late chazges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You maybe 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. You may also be able to stop the sale through other legal proceedings. You may need an attomey 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 attomey.) 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 (2151563-7000. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compazed 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 maybe entitled to a shaze 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 oaf getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALI. that certain tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, and more particularly bounded and described in accordance wrt Final-Minor Subdivision Plan for Paul L. and Marjorie M. Cline, prepared by Fisher, Mowery, Rosendale and Associates, lnc_, which said subdivision plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 65, Page 134, as follows' BEGINNING at a point on [he southem line of Manon Avenue in line of land now or formerly of Jeffrey S. and Mary B. Austin; thence along the southern line of said Marion Avenue at its intersection with Clearview Drive, North 04 degrees 00 minutes 00 seconds East 1127 feet to an iron pin; thence by the southern end of said Clearview Drive, North 63 degrees 31 minutes 20 seconds East 46.41 feet to an iron pin; thence along the eastern line of said Clearview Drive, North 04 degrees 00 minutes 00 seconds Last 44.40 feet to an iron pin; thence along the southem line oC l,ot No. 6 on the hereinabove mentioned subdivision plan, South 86 degrees 00 minutes 00 seconds I-:ast 132.94 feet to an iron pin; thence along Lot No. I (residual area), South 04 degrees 00 minutes 00 seconds West 92_S7 feet to an iron pin; thence along the northern line of land now or formerly of said Austin, North 81 degrees 34 minutes 50 seconds West 173.46 feel to a point, the place of BEGINNING. BEING Lot No- 7 on the hereinabove mentioned subdivision plan; and containing 12,606.7 square feet. UNDER AND SUBJECT, NEVERTHELESS, to the conditions, restrictions and IO feet drainage easement as noted on the hereinabove mentioned subdivision plan; AND UNDER AND SUBJECT, FURTHER, to the following building and use conditions and restnctions, with which building and use conditions and restrictions the within Grantees, their heirs and assigns, by the acceptance of this Deed, agree [o comply I. No trailer, mobile home or similar structure shall be located or maintained on any lot, either temporarily or permanently, for any use whatsoever. 2. No basement, tent, shack, garage, barn or structure of any temporary character shall be erected or maintained or any lot or used as a residence, either temporarily or permanently_ 3. No dwelling house erected on any lot shell contained less than 1,000 square feet of living area, excluding the basement and garage area, and shall have a roof pitch less than 4/ 12. 4. No building or cement blocks shall be used in the exterior wa I Is or chimneys of any building erected on any lot above the finished grade of the ground unless faced or covered with brick, stucco, natural stone, wood, aluminum or vinyl siding_ BEING the same premises which Paul L. Cline and Marjorie M. Cline, by Deed dated April I8, 1996 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsyh~ania, in Deed Book 137, Page 955, granted and conveyed unto Jason L._ Baker and Angela I_ Foltz, now known as Angela L. Baker, Grantors herein_ Being Parcelil29-16-1092-022 TITLE'CO SAm PRFM[SES IS VESTED IN Garry L. Teter, Jr_, and Kimberly A_ Teter by Dced from Jason L. Baker and Angela L. Baker, Cor owri as, ngela`l=- o z ated 2-26-99, recorded 3-t-99 in Deed Book 195, page SI- BEING. 50 CLEARVIE4I DRIVE, CARLISLE, PA 17013 PHELAN HALLINAN &SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney I.D. No.: 62205 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215)563-7000 WELLS FARGO BANK, N.A., S/M/B TO WELLS FARGO HOME MORTGAGE INC., F/K/A NORWEST MORTGAGE, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff v. GARRY L. TETER, JR. KIMBERLY A. TETER Defendants CIVIL DIVISION NO.OS-3612 MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above-captioned Defendant, KIMBERLY A. TETER , by certified mail and regular mail to 50 CLEARVIEW DRIVE, CARLISLE, PA 17013 and 13 MOUNTAINVIEW DRNE, CARLISLE, PA 17013, and in support thereof avers the following: A Sheriff s Sale of the mortgaged property involved herein has been scheduled for JUNE 7, 2006. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendants be served with a notification of Sheriff s Sale at least thirty (30) days prior to the scheduled sale date. Attempts to serve Defendant with the Notice of Sale have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". 4. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to 50 CLEARVIEW DRNE, CARLISLE, PA 17013and 13 MOUNTAINVIEW DRNE, CARLISLE, PA 17013. PHELAN HALLINAN &SCHMIEG, LLP By: ~c7i DANIEL G. SCHMIEG, E5 UIRE Attarney for Plaintiff AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF WELLS FARGO BANK, N.A., S/M!B TO WELLS FARGO HOME MORTGAGE, No. OS-3612 CIVIL TERM INC., F/KJA NORWEST MORTGAGE, INC. ACCT. #5551634 DEFENDANT(S) GARRY L. TETER, JR. KIMBERLY A. TETER Type of Action - Notice o[ Sheriffs Sale SERVE KIMBERLY A. TETER AT 50 CLEARVIEW DRIVE Sale Date; .II7NE 7, 2006 CARLISLE, PA 17013 SERVED ServeB and made known to .Defendant, on the day of 200_, at _ _ . ,o'clock _.m., at Commonwealth of Peruvsylvania, in the ntamter described below: ,, Defendant personally served. Adult fancily rrtetnber with whom Defendant(s) reside(s). Name and Relatiotuhip is _ ^. _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. _.. ~ Manager/Clerk otplace of lodging in which Defendant(s) reside(s). _ _ Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said llefendant(s)'s cornpany. _ Other: - - - - - - - Description: Age Height ~ Weight _ Race ~ Sex _ Other 1, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff s Sale in tht manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of_ 200_. Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED S~ On the ~ day of ~G~ h , 200 ~ at ~~ : t'{ S o'clock ~.m, Defendant NOT FOUND because: Moved Unlmown No Answer ~Vacan[ 1" Attempt: 0,,,~/ 2 (/ 0 ~ Time:~.~2wt 2°d Attempt: / ( Time: 3rd Attempt: / / Time: Sworn to and subscribed' before me this d of _ oo _ TEVEN V FRANKS ^ _ - Notary: Y COMMi3S10N ~(,ptR~3 ~~ ~~~ 0311 2009 ttome a t: - Daniel G. Schmieg, Esquire - LD. No. 62205 ~ ~+ PMB AFFIDAVIT OF SERVICE CUMBERLAND COIJN'i'Y PLAINTIFF WELLS FARGO BANK, N.A., SfM/B TO PMB WELLS FARGO HOME MORTGAGE, No. 05-3612 CIVIL TERM INC., FIKlA NORWEST MORTGAGE, INC. ACCT. #5551634 DEFENDANT(S) GARRY L. TETER, JR. KIMBERLY A. TETER Type of Action - Notice of Sheriff s Sale SERVE KIMBERLY A. TETER AT 13 MOUNTAINVIEW DRIVE Sale Date:.1UNE 7, 2006 CARLISLE, PA 17013 SERVED Served and made known to ,Defendant, on [he 200_, at _ _, o'clock _ .m., at Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendanl(s)'s office or usual place ofbusiness. _ __ an officer of said Defendant(s)'s company. ~Olher: Description: Age Height _ Weight _ Race _ Sex _ Other day of I, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth hecein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of ,200_ Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the 1 'h d, of , 200, at 4~ a•~i o'clock /' .m, Defendant NOT FOUND because: clF{<; Sc.•rl /f+i. Nc A~5 c/ (i:a-l-1,'.t l.i.~~4L., Moved Unknown, No Answer J Vacant s .35 ls' Attempt_ ~ ! ~ / ~~ Time:~_ ~_~ god Attempt: ~ l `~ ! ~~Time: ~" 3rd Attempt: ~ l ~~ / O( Time: D ~~~"^ ~~`~/ "~ l ~ 3 ~'"~ S m to and sub '~ (,1 b e me this` ~ 0 dayC~'`~v~ ,~K7(.t'c' tary. ~jj ~ \J _ ~ ~ G. I.D. No. 62205 PATRICIA E HARRIS Commission Expires Jun;:.r,, 2008 ~1~ FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 83149 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Garry L. Teter, Jr. & Kimberly A. Teter Current Address:l7 Garber Street, Chambersburg, PA 17201 -Garry L. Teter, Jr. Property Address: 50 Clearview Drive, Carlisle, PA 170]3 Mailing Address: 17 Garber Street, Chambersburg, PA 17201 -Garry L. Teter, Jr. I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of khe above-noted individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Garry L. Teter, Jr. - 209-46-2123 Kimberly A. Teter -193-46-4769 B. EMPLOYMENT SEARCH Garry L. Teter, Jr. & Kimberly A. Teter - A review of the credit reporting agencies provided no emplo}'ment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Garry L. Teter, Jr. reside(s) at: 17 Garber Street, Chambersburg, PA 17207 & Kimberly A. Teter reside(s) at: 50 Clearview Drive, Carlisle, PA 17013. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted dimctory assistance, which indicated that Garry L. Teter, Jr. & Kimberly A. Teter reside(s) at 50 Clearview Drive, Carlisle, PA 17013. On 2/3/06 our office made several telephone calls to the subjects' phone number, (717) 249-9610 and received the following information: phone disconnected. B. On 2f 3/06 our office attempted to contact Danielle J. Nye, at 17 Garber Street, Chambersburg, PA 17201, (717) 267-2441 and received the following information: spoke with an unidentified female who confirmed Garry L. Teter, Jr. resides at 17 Garber Street, Chambersburg, PA ]7201. 11I. INQUIRY OF NEIGHBORS Using both our White Pages data base and our National Address data base our office was unable to locate any neighbors within ten houses of 50 Clearview Drive, Carlisle, PA 17013. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE Qtr 2/3/06 we reviewed the National Address database and found the following information: Garry L. Teter, Jr. -17 Garber Street, Chambersburg, PA 17201 & Kimberly A. Teter- 50 Clearview Drive, Carlisle, PA 17013. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: 17 Garber Street, Chambersburg, PA 17201 -Garry L. Teter, Jr. V. DRNERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Garry L. Teter, Jr. & Kimberly A. Teter. VL OTHER INQUIRIES A. DEATH RECORDS As of 2/3/06 Vital Records and all public databases have no death record on file for Garry L. Teter, Jr. & Kimberly A. Teter. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Garry L. Teter, Jr. & Kimberly A. Teter residing at: last registered address. VIl. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Garry L. Teter, Jr. -Not Available Kimberly A. Teter - 5/ 18/ 1969 B. A.K.A. Kimberly A. Overbaugh * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. tam aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I herby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating//to~~unsworn falsif~i-c{a~tion to authorities. r_S _ - [~ NOTMAI~IfI APFIAN"P-Brendan Booth R+Y#ti1P C9ALVIII,I~IMyfViliC Pull Spectrum Legal Services, Inc. ~dP11i11yM~,1NiLOo~lr CiomMMion Op~llf.~I,S1~ Sworn to and subscribed before me this 3^t day of February 2006. The above inhxmetion is obtained from avalable public ntionts kla and we arc only liable for the cost of the affidavit. PHELAN HALLINAN &SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A., S/M/B TO WELLS FARGO HOME MORTGAGE INC., FIK/A NORWEST MORTGAGE, INC. Plaintiff v. CARRY L. TETER, JR. KIMBERLY A. TETER Defendants Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CNIL DIVISION NO. OS-3612 PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure, Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P., Rule 3129.2 (c) provides in applicable part as follows: The written notice shall be prepazed by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the Notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402 (a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy of the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in the subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice maybe served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendant, KIMBERLY A. TETER ,are unknown, a reasonable investigation of their last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure, Rule 430 (a) provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A Sheriff s Return or Affidavit of Service of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs.Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1476). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the defendant and (3) examinations of local telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the attached Affidavit of Return of Service, marked hereto as Exhibit "A", the Process Server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to SO CLEARVIEW DRIVE, CARLISLE, PA 17013 and 13 MOUNTAINVIEW DRNE, CARLISLE, PA 17013. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP By: ~ ' ,~ DANIEL G. SCHMIEG, ES UIRE Attorney for Plaintiff VERIFICATION DANIEL G. SCHMIEG, ESQUIItE, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to take the verification and that the statements made in the foregoing Motion for Service of Notice of Sale pursuant to Special Order of Court are true and correct to the best of his knowledge, information and belief. The undersigned also understands that this statement herein is made subject to the penalties of 18 Pa. Sec. 4904 relating to unsworn falsification to authorities. Date: April 12, 2006 Gfwuvf ~ ~_c~rt DANIEL G. SCHMIEG, ES IRE PHELAN HALLINAN &SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney I.D. No.: 62205 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215)563-7000 WELLS FARGO BANK, N.A., S/M/B TO WELLS FARGO HOME MORTGAGE INC., F/K/A NORWEST MORTGAGE, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff v. CARRY L. TETER, JR. KIMBERLY A. TETER Defendants CIVIL DIVISION NO. OS-3612 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Verification in the above captioned matter was sent by first class mail, postage prepaid to the following interested parties on the date indicated below. CARRY L. TETER, JR. IIMBERLY A. TETER 50 CLEARVIEW DRIVE CARLISLE, PA 17013 and 13 MOUNTAINVIEW DRIVE CARLISLE, PA 17013 ~~~ Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: April 12, 2006 ,, _, ~, .. „} `~ t WELLS FARGO BANK, N.A., S!M(B TO WELLS GARGO HOME MORTGAGE INC., FlWA NORWEST MORTGAGE, INC. PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA GARRY L. TETER, JR. KIMBERLY A. TETER DEFENDANTS 05.3612 CIVIL ORDER OF COURT AND NOW, this 24th of April, 2006, upon consideration of the Plaintiff's Motion for Service Pursuant to Special Order of Court under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiff's good faith efforts to ascertain the present whereabouts of Defendant, Kimberly A. Teter, have been unsuccessful, Plaintiff's Motion is GRANTED. IT IS ORDERED AND DIRECTED: 1. That the Sheriff and(or Plaintiff is directed to serve the Notice of Sheriff's Sale on defendant Kimberly A. Teter by posting a copy of the Notice upon the premises at the last know addresses of Kimberly A. Teter which are 50 Clearview Drive, Carlisle, PA 17013 and 13 Mountainview Drive, Carlisle, PA 17013; 2. That the Plaintiff serve the Notice of Sheriff's Sale by certified and regular mail to the Defendant Kimberly A. Teter's last known addresses at 50 Clearview Drive, Carlisle, PA 17013 and 13 Mountainview Drive, Carlisle, PA 17013; 3. That the Plaintiff effect service by publication to include the notice prescribed in Pa.R.C.P. 430, in a legal journal and newspaper of general circulation in Cumberland County, Pennsylvania; l 4. All further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendant's last known addresses and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendant Kimberly A. Teter by sending copies of same to Defendants' last known addresses by certified and regular mail, by posting the premises and by publication to include the notice as prescribed in Pa. R. C.P. 430, in a legal journal and newspaper of general circulation in Cumberland County, Pennsylvania. By the Court, ~~ ~ ~ ~ M. L. Ebert, Jr., J. /Daniel G. Schmieg, Esquire Attorney for Plaintiff Cumberland County Sheriff bas a .~ ~~ C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A., S/M!B TO WELLS FARGO HOME MORTGAGE, INC., F/K/A CUMBERLAND COUNTY NORWEST MORTGAGE, INC COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. GARRY L. TETER, JR. KIMBERLY A. TETER Defendant(s). NO.OS-3612-CIVIL AFFH)AVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, DANIEL G. SCHMIEG, ESQUIRE, attorney for WELLS FARGO BANK, N.A., SIM/B TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC hereby verifies that on JANUARY 6, 2006 AND 3UNE 8, 2006 true and correct copies of the Notice of Sheriff s Sale were served by certificate of mailing to the recorded lienholder(s) and any known interested party. , Date: IiJLY 27, 2006 S DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a reoresentaNye 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. yyH L' 6 r ~' d~ ~ U ? n a, ~ $~ r ~~ ~p R ~' M ~~~~ ~~~. N^~, a gQQ ~ s Kg qv~g 6' S Xrg X55 SNg~$ Fi u $$ ~' ~~~ Y. 8 $~ ~:.~ .$~ S 8'~ ~ ~' W ~ N r ~a~ W N R A A A o ~O ~ ~ ~ ~ v ~ °i C ., a U / h W W A Z C 3 ro•-g"a z ~ ~' ~ ~o~~L > ~ ~ ~ z ~ ~~~~ ~. ~ ~~~~ g ~~,~~ A ~ ink? ~ ~ ~ ¢ fy, ~. ~ m vi °~ G) ~ g~ r AO b Q r J J r ro z J y ~ ~~ P ~ ~~ ~ y.~ ~~ a w.nper/e~ovues ~ 021A SQ095~ 0004308825 JUN OB 2006 MAttEO FROM ZW CODE 19703 l 9H '~ S ~ '~ ~O W ~] O~ to A W N ~ $ to A W N i-' O ~. my ~. ~~. e r ~~ ~ ~ ~U~ sA~~ V~Y X OO^P ~~0~~ •8~ s~g ~~~8 S ~' g ~~. ~6 ~~~ ~~~ ~~~ ~~ ~. ~.~ ~~~~~ ~~ ~ .~; ~$ . 8$ ~~~~ ~ ° g ~~~ ~~~ ~~~~ °~$ ~°~ ~~~ ~~~ ~ o r W ~ ~ o a ~_ W 11..r~~O.1 W a H ~~ ~; .. >~ W ~ag A d ~ ~j .fD, a ~~~~ ~. b~~~ w~~ ~~~~ w. w~d~ ~~~ ~~~ ~~~~ ~- ~g r 'r r° b v ~ .+- D2 ,A a oo. . OD04309825 JAN 08 2068 ML41lEDFROMZIPCO~ 19103 ~~ ~ ~ f __ ` ' -I- u ( , ~.._ ti C ) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Conrad L Jackson is the grantee the same having been sold to said grantee on the 6th day of Sept A.D., 2006, under and by virtue of a writ Execution issued on the 6th day of Jan, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 3612, at the suit of Wells Faro Bank N A against Gary L Teter Jr & Kimberly A is duly recorded in Deed Book No. 277, Page 854. IN TESTIMONY WHEREOF, I have~eunto set my hand and seal of said office this ~~ day of A.D. of Deeds Mo~a.yai,an. 2010 Wells Fazgo Bank, N.A. s/m/b to Wells Fazgo The Court of Common Pleas of Home Mortgage, Inc. f/k/a Norwest Mortgage, Cumberland County, Pennsylvania Inc. Writ No. 2005-3612 Civil VS Gazry L. Teter, Jr. and Kimberly A. Teter Kenneth E. Gossert, Deputy Sheriff, who being duly sworn according to law, states that on March 09, 2006 at 09:13 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriff s Sale and Description, in the above entitled action, upon the within named defendant, to wit: Kimberly A. Teter, by making known unto Dennis Overbaugh, father of Kimberly Teter, at 13 Mountainview Drive, Cazlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him the said true and correct copy of the same. 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: Garry L. Teter, Jr., but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Franklin County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale, and Description according to law. Franklin County Return: J. Roby Backensto, Deputy Sheriff of Franklin County, Pennsylvania, who being duly sworn according to law, says, the within Notice of Sheriff Sale was served upon Garry L. Teter, Jr. the defendant, at 1348:00 hour, on the 24th day of Mazch 2006 at 17 Gazber Street, Chambersburg, PA 17201 by handing to Garry L. Teter, Jr. a true and attested copy of Notice of Sheriff Sale and at the same time directing his attention to the contents thereof. So answers: J. Roby Backensto, Deputy Sheriff. Mazk Conklin, Deputy Sheriff, who being duly sworn according to law, states that on April 13, 2006 at 12:33 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 Garry L. Teter, Jr. and Kimberly A. Teter located at 50 Clearview Dr., Cazlisle, 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: Kimberly A. Teter by regulaz mail to her last known address of 13 Mountainview Drive, Carlisle, PA 17013. This letter was mailed under the date of April 06, 2006 and never returned to the Sheriff s Office. 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: Garry L. Teter Jr., by regular mail to his last known address of 17 Gazber Street, Chambersburg, PA 17201. This letter was mailed under the date of April 26, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been .given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 06, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $146,000.00 to Conrad L. Jackson. It being the highest bid and best price received for the same, Conrad L. Jackson of 218 Marion Ave., Carlisle, PA 17013, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $152,483.92. Sheriffs Costs: Docketing $30.00 Poundage 2,920.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 8.80 Certified Mail 13.92 Levy 15.00 Surchazge 30.00 Out of County 9.00 Franklin County 27.05 Postpone Sale 20.00 Law Journal 701.00 Patriot News 512.00 Share of Bills 19.57 Distribution of Proceeds 25.00 Sheriff s Deed 39.50 ' ~ ~bc. , $4,442.34 / fr~is So Ads%~~ , f'd/~ ~~ ~C R. Thomas Kline, Sheriff BY ~~~G Real Estat Sergeant c,t2~ 5~5~9 `l ~ ~5~~ 7 . .~ WELLS FARGO BANK, N.A., S/M/B TQ 'SELLS FARGO HOME MORTGAGE, INC., F/K/A CUMBERLAND COUNTY NORWEST MORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION CARRY L. TETER, JR. NO.OS-3612 CIVIL TERM KIMBERLY A. TETER Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO BANK. N.A.. S/M/B TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHIVIIEG, 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 ,50 CLEARVIEW DRIVE, CARLISLE PA 17013 . 1. Name and address of Owner(s) or reputed Owner(s): Name CARRY L. TETER, JR KIMBERLY A. TETER Last Known Address (if address cannot be reasonably ascertained, please indicate) 68 G STREET CARLISLE, PA 17013 13 MOUNTAINVIEW DRIVE CARLISLE, PA 17013 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) 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 maybe 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 maybe affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 50 CLEARVIEW DRIVE CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 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. January 5, 2006 DATE ~" DANIEL G. SCI-1MIEG, E DIRE Attorney for Plaintiff WELLS FARGO BANK, N.A., S/M/B TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff, v. GARRY L. TETER, JR. KIMBERLY A. TETER Defendant(s). CUMBERLAND COUNTY No. OS-3612 CIVIL TERM January 5, 2006 TO: GARRY L. TETER, JR. 68 G STREET CARLISLE, PA 17013 KIMBERLY A. TETER 13 MOUNTAINVIEW DRIVE CARLISLE, PA 17013 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED ADISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINSTPROPERTY. ** Your house (real estate) at , 50 CLEARVIEW DRIVE, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on Ji1NE 7, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $146,704.09 obtained by WELLS FARGO BANK, N.A., S/M/B TO WELLS FARGO HOME MORTGAGE. INC., F/K/A NORWEST MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (Z15) 563-7000. 2. You maybe 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 maybe 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 maybe entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 05-3612 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., S/MB TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC., Plaintiff (s) From GARRY L. TETER, JR. AND KIMBERLY A. TETER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $146,704.09 L.L. Interest FROM 9/22/05 TO 6/7/06 (PER DIEM - $14.12) - $6,222.96 AND COSTS Atty's Comm % $6,138.00 Due Prothy $1.00 Atty Paid $210.50 Other Costs Plaintiff Paid Date: JANUARY 6, 2006 rothonota (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 41 On February 17, 2006 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA Known and numbered as SO Clearview Drive, Carlisle, more fully described on Exhibit "A" ~ filed with this writ and by this reference incorporated herein. Date: February 17, 2006 By: ~_ L '~~ 6 VVt~ Real E tate Sergeant 80 =Z d b- Ndf 9001 dd `Ali~illi~ ~.+`~~ i~i:~~Wi~i:l .~~f~~~s ~~.~ ~0 3:~i~~a SCHEDULE OF DISTRIBUTION SALE x10.41 Date Filed: October 06, 2006 Writ No. 2005-3612 Civil Term Wells Fargo Bank, N.A. s/b/m to Wells Fazgo Home Mortgage, Inc. f/k/a Norwest Mortgage, Inc. VS Garry L. Teter, Jr. and Kimberly A. Teter 50 Clearview Drive Carlisle, PA 17013 Sale Date: September 06, 2006 Buyer: Conrad L. Jackson Bid Price: $146,000.00 Real Debt: $146,704.09 Interest: 6,222.96 Attorney Costs: 210.50 Attorney Commission: 6,138.00 Total: DISTRIBUTION: $159,275.55 Receipts: Cash on account (02/17/200b): $ 1,500.00 Cash on account (09/06/2006): 14,600.00 Cash on account (09/21/2006): 137,883.92 Total Receipts: $153,983.92 Disbursements: Sheriff s Costs Legal Search Local Transfer Tax State Transfer Tax North Middleton Authority Robin Sollenberger, Tax Collector Attorney Daniel Schmieg Wells Fargo Bank, N.A. Total Disbursements: Balance for distribution: So Answers: r, tom, $4,442.34 200.00 1,681.96 1,681.96 1,062.94 2,386.11 1,500.00 141,028.61 ($153,983.92) 0.00 R. Thomas Kline Sheriff ~1_ TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE N0.41 Held Wednesday, September 6, 2006 Date: September 6, 2006 TAXES: Receipts for all taxes for the years 2003 to 2005 inclusive. Taxes for the current year 2006. WATER RENT: Company assumes no liability for private supply of water or sewer. SEWER RENT Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2006, and recorded 2006, in Cumberland County Deed Book ,Page RECITAL: Being the same premises which Jason L. Baker and Angela L. Baker, formerly known as Angela L. Foltz, his wife, by deed dated February 26, 1999 and recorded March 1, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, in Carlisle, Pennsylvania, in Deed Book 195, Page 51, granted and conveyed to Gary L. Teter, Jr., and Kimberly A. Teter, his wife. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbeds of Marion Avenue and Clearview Drive. 6. Building conditions, easements and restrictions as shown on or set forth with the Final Minor Subdivision Plan for Paul L. and Marjorie M. Cline, recorded in Plan Book 65, Page 134. 7. Mortgage in the amount of $134,950.00 given by Gary L. Teter, Jr., and Kimberly A. Teter to Gateway Funding Diversified Mortgage Services dated February 26, 1999 and recorded March 1, 1999 in Mortgage Book 1523, Page 415. Said mortgage was assigned to Norwest Mortgage, Inc., by assignment recorded March 1, 1999 in Miscellaneous Record Book 605, Page 282. Complaint in mortgage foreclosure filed by Wells Fargo Bank, N.A., successor by mortgage to Wells Fargo Home Mortgage Inc., formerly known as Norwest Mortgage, Inc.,as Plaintiff against Gary L. Teter, Jr., and Kimberley A. Teter as Defendants, in the Office of the Prothonotary of Cumberland County on July 15, 2005 to file number 2005-3612. Judgment in the amount of $146,704.09 entered September 26, 2005. 8. Mortgage in the amount of $11,000.00 given by Gary L. Teter, Jr., and Kimberly A. Teter to Irwin Union Bank and Trust Company, dated June 8, 2000 and recorded July 13, 2000 in Mortgage Book 1625, Page 175. 9. Building and use restrictions imposed by deed recorded in Deed Book 195, Page 151. 10. Municipal lien in the amount of $707.76 filed by the North Middleton Authority as Plaintiff, against Gary L. Teter, Jr., and Kimberly A. Teter, as Defendants, in the Office of the Prothonotary on May 10, 2006 to File No. 2006-2676. 11. Subject to deed of easement and right-of-way creating Clearview Drive dated January 9, 1991 and recorded January 17, 1991 in Miscellaneous Record Book 392, Page 829. 12. Subject to agreement dedicating land for Clearview Drive dated November 19, 1990 and recorded Septembert 14, 1992 in Miscellaneous Record Book 426, Page 989. 13. Building and use restrictions as recorded in Miscellaneous Record Book 444, Page 1087. 14. Rights granted to Keystone Pipeline Company by instrument dated May 10, 1935 and recorded July 1, 1935 in Miscellaneous Record Book 67, Page 49. 15. Under and subject to a 10-foot wide drainage easement as shown on the Final Minor Subdivision Plan for Paul L and Marjorie M. Cline recorded in Plan Book 65, Page 134. 16. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 17. Real estate taxes accruing on and after January 1, 2007 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bi111412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. ~_ Ro ert G. Frey, Agent Note: This Title Report shall not be va ' or binding until countersigned by an authorized signatory. . ~ ~ ~ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of April and the 3rd day(s) of May 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#41 ....................... . .,w...... rcr~.~.rcty~............................. Sworn to and su c ed b e me th;c 1 Rth r~av of 1VIav ~nn~ a Tl Terry L. Russell, Notary Public Gty of Harrlsburg Dauphin County kv Commission f~pires .turux~b, 2006 PennsVlu91d18 AgcpclglG)t+/n~glnlnrino NOTAl~' PUBLIC ~r My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 REAL. 1111.E Mo, 41 MriltN~ EalrMll~wea ~ MMI~- N.A. ~R<ltn VS Garry LTi1ar, Jr. end IOtn6srly A. Ta1er Attonray WnUI Schmleg DESCRIP110N ALL THAT L~CI'e11AT hacx cd'. hwd sinrate in Nath 11100 Towmitip, Chmbvla~ Camty, penosylvania; and mae parlicirlariy ,boended and desct-bed m aocaadance with Final-nrinor Subdivision N~ae for lraai L. and Mary'aie M. time, prepraad by Fishes, Moweay, Roaendale and Associates, Inc., which said stdxfivi~ plan is reoaded in the Office of dro'ltecorder 'Deeds in and far Cad CarKy, Nenosylvania, in Pfau liockb3,l'age 13d,asfolio~wr; BBf)1~ ~ a pact m the Southern tine of MariauA m line of Lrad now ar fomwrly of Jeffrey 5, aced b~aty B. AWtin;~thmce ai~g the Southern line of said Marica Avena at its intasaria with t~caiview Drive, Naith 04 degeea U~ n>m~es 0U seconds Fast 1127 feet to an iron pia; ~em`by the Soalhe<n end of said Cicatview Drive; Nath 63 degea;s 31 mimnes 20 seconds East 4ti.41 fed fo an iron pin; thence alarig the. Eastern line of said Ckarview Drive, Nash 04;degras QOa 00 seconds East 4440 fret to ao iron pin; .thence alamg the Soudrern ~liffi of Lot No. 6 m the heieio above incuaaoed sabdiviricn phm Somh g6 deg!as 00 nimines (O seabode East P~194 faetto im iron pia;. thence aio~ La No.1 (residual area), Samh 04 degiede OO mi'00 seca3ods West 9257 feet to an ire pin; thtaa abng die Notdrem line of land now a Y a~ said A~a,Noith 81 degces 34 mugs 50 sa+attds West 173A6 facto a point, theplace~~. BEING LO1'No. 7 an the herioabove mantiaa~ subdvisign place; and coffiainiog 12bI16.75 square fed. UNDDFR ANA SUBIECf, neveraie kss, to aie conditions, iestrictiaas and 10 fed drainage easemem as rated Da the hen~abave memtianed subdivisimphm; AAID:UN~Ht A23D SUBJECT, ~1RRiH:R, to the following buiIdmg aced use conditions and testdctiaas, and which and use madiaons and reshicfinns the vvitlr$ ;their begs a>id assigm, by the acceptance of this Deed, ogee to triply. . 1. No trails, mobile.tin9ne a similar strticdire shall be locateai ~ maintained. an amy lot, either tempaarily a permanently, for any use whatsoever. 2. No basement, tent, shack; garage, barn or stnxxure of any. characxer shall be eretxed ar maintained a any lot of used as a ieaideace,eaaier ti;~otanly a permanently. 3.1~ dweiJing house erected m any ld shell noatainod kss than 1 J100 square feet of living stra, exctadmg the basement sad garage ama, and shall have a roof patchlessthan4/12. 4. No bviiding arct blocks stiall be used in the extdiar walls.ac chin0oegs of any building etMed tm any to above arc 5aehred grade ~ the gltsrd auloas farad m txyvmed wah baitt, stuuo, eltaai store, ttsoad er viYyl sidaig. _ BF1NG the same °~ 1'anl L. Mine ~~ (M~~lafi L. Faitz, norv Imoait u Angela L: (, herein. PAlif.6i, i 29-16.10921122 TPtiE 1C15AID l?RIIr~S is ve~ed.io Gaay L Tekt h; and JiY A. 7hter by Dad from Jasau L. Haider and Ada L. Bata, fameriy L ......... .... A~.lei..i C..Iw. .Iw~.i ~1hL/111t ____~_~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW 30URNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: Apri17, 14, 21, 2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. _..~ Lis arie Coyne, Edi r SWORN TO AND SUBSCRIBED before me this 21 day of April , 2006 L.0!~ ~, . ';~~~"`FR, !Votary Public C:_ _' ~ ~.-,r~, Cumberland County h'' ~ - "r:zires starch 5, ~~09 REAL. ESTATE SALE NO. 41 Writ No. 2005-3612 Civil Wells Fazgo Bank, N.A. s/m/b to Wells Fargo Home Mortgage, Inc. f/k/a Norwest Mortgage, Inc. vs. Garry L. Teter, Jr. and Kimberly A. Teter Atty.: Daniel Schmieg ALL that certain tract of land situ- ate in North Middleton Township, Cumberland County, Pennsylvania, and more particulazly bounded and described in accordance with Final- Minor Subdivision Plan for Paul L. and Marjorie M. Cline, prepared by Fisher, Mowery, Rosendale and As- sociates, Inc., which said subdivi- sion plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 65, Page 134, as fol- lows: BEGINNING at a point on the southern line of Marion Avenue in line of land now or formerly of Jef- frey S. and Mary B. Austin; thence along the southern line of said 1Vlarion Avenue' at its intersection with Clearview Drive. North 04 de- grew 00 minutes 00 seconds East 11.27 feet to an iron pin; thence by the southern end of said Clearvlew Drive, North 63 degrees 31 minutes 20 seconds East 46.41 feet to an iron pin; thence along the eastern line of said Clearview Drive, North 04 degrees 00 minutes 00 seconds East 44.40 feet to an iron pin; thence along the southern line of Lot No. 6 on the hereinabove men- tioned subdivision plan, South 86 degrees 00 minutes 00 seconds East 132.94 feet to an iron pin; thence along Lot No. i (residual area), South 04 degrees 00 minutes 00 seconds West 92.57 feet to an iron pin; thence along the northern line of land now or formerly of said Austin, North 81 degrees 34 min- utes 50 seconds West 173.46 feet to a point, the place of BEGINNING. BEING Lot No. 7 on the herein- above mentioned subdivision plan; and containing 12,606.75 square feet. ,..., .~..u..~..~..,.....~.~..~..~,a..~....._, UNDER AND SUBJECT. NEVER- THELESS, to the conditions, restric- tions and 10 feet drainage easement as noted on the hereinabove men- tioned subdivision plan; AND UN- DER AND SUBJECT, FURTHER, to the following building and use con- ditions and restrictions, with which building and use conditions and re- strictions the within Grantees, their heirs and assigns, by the acceptance of this Deed, agree to comply 1. No trailer, mobile home or similar structure shall be located or maintained on any lot, either tem- porarily or permanently, for any use whatsoever. 2. No basement, tent, shack, ga- rage, barn or structure of any tem- porary character shall be erected or maintained or any lot or used as a residence, either temporarily or permanently. 3. No dwelling house erected on any lot shell contained less than 1,000 square feet of living area, excluding the basement and garage area, and shall have a roof pitch less than 4/ 12. 4. No building or cement blocks shall be used in the exterior walls or chimneys of any building erected on any lot above the finished grade of the ground unless faced or cov- ered with brick, stucco, natural stone, wood, aluminum or vinyl sid- ing. BEING the same premises which Paul L: Cline and Marjorie M. Cline, by Deed dated April 18, 1996 and recorded in the Office of the Re- corder of Deeds in and for Cumber- land County, Pennsylvania, in Deed Book 137, Page 955, granted and conveyed unto Jason L. Baker and Angela L. Foltz, now known as An- gela L. Baker, Grantors herein. Being Parcel # 29-16-1092-022 TITLE TO SAID PREMISES IS VESTED IN Garry L. Teter, Jr., and Kimberly A. Teter by Deed from Jason L. Baker and Angela L. Baker, formerly known as, Angela L. Foltz dated 2-26-99. recorded 3-1-99, in Deed Book 195, page 51. BEING: 50 CLEARVIEW DRIVE, CARLISLE, PA 17013.