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HomeMy WebLinkAbout05-4105 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ.. Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 BANK OF AMERICA, N.A., S/B/M TO BANK OF AMERICA, FSB 475 CROSSPOINT PARKWAY P.O. BOX 9000 GETZVILLE, NY 14068-9000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff NO. DS' --'lIDS C;ui L '--r8L~ CUMBERLAND COUNTY v. JOHN 1. WELLS, JR. LINDA LEE WELLS 1004 NORTHFIELD DRIVE CARLISLE, PA 17013 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served. by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HlRE ALA WYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MA Y OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle. PA 17013 (800)990-9108 File-#: 120703 File #: 120703 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 EST A TE. 1. Plaintiff is BANK OF AMERICA, N.A., S/B/M TO BANK OF AMERICA, FSB 475 CROSSPOINT PARKWAY P.O. BOX 9000 GETZVILLE, NY 14068-9000 2. The name(s) and last known address(es) of the Defendant(s) are: JOHN J. WELLS, JR. LINDA LEE WELLS 1004 NORTHFIELD DRNE CARLISLE, PAl 7013 who is/are the mortgagor( s) and real owner( s) of the property hereinafter described. 3. On 11/3011992 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to BANK UNITED OF TEXAS, FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1105, Page: 540. By Assigmnent of Mortgage recorded 08/18/95 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Mortgage Book No. 502, Page 314. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage. upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. Fill: #: 120703 6. The following amounts are due on the mortgage: Principal Balance Interest 02/01/2005 through 08/09/2005 (Per Diem $15.50) Attorney's Fees Cumulative Late Charges I 1130/1992 to 08/09/2005 Cost of Suit and Title Search Subtotal $69,747.99 2,945.00 1,250.00 164.60 $ 550.00 $ 74.657.59 Escrow Credit Deficit Subtotal - 263.05 0.00 $- 263.05 TOTAL $ 74,394.54 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in ] 998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant( s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE. PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 74,394.54, together with interest from 08/09/2005 at the rate of$15.50 per diem to the date ofJudgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG. LLP ;::z - S. ?/-# By: Is/Francis S. Hallinan LAWRENCE T PHELAN. ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 120703 LEGAL DESCRIPTION ALL that certain tract or parcel ofland and premises, situate, lying and being in the Borough of Carlisle, in the County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the northern right-of,way line of North field Drive at the dividing line between Lots Nos. 28 and 29 on the hereinafter mentioned subdivision plan: thence along said dividing line North 02 degrees, 43 minutes, 32 seconds East 110.65 feet to an iron pin; thence along other lands of Grantor and along the centerline ofa certain 20 foot wide stonn sewer easement as shown on the hereinafter mentioned subdivision plan South 37 degrees, 40 minutes, 43 seconds East 37.98 feet to an iron pin: thence continuing along same North 89 degrees, 28 minutes, 37 seconds East 18.50 feet to an iron pin: thence along the dividing line between Lots Nos. 29 and 30 and through the center of a partition wall dividing the house situate on Lot No. 29 on said plan known and numbered as 1002 Northfield Drive and the house situate on Lot No. 29 on said plan known and numbered as 1004 Northfield Drive, and beyond, South 07 degrees, 52 minutes, 36 seconds West 85.49 feet to an iron pin on the Northern right,of,way line of Northfield Drive; thence along said right,of-way line by a curve to the left with a radius of 761.86 feet 35.49 feet to a point, the place of BEGINNING. BEING Lot No. 29 of the Final Subdivision Plan Number I for Northfield prepared by Stephen G. Fisher, R.S. dated July IS, ] 983. and recorded in Cumberland County Plan Book 45, Page 16. BEING the same premises Albert E. Slusser and Joanne I. Slusser, Husband and Wife, by Deed dated December 18, 1987 and recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Deed Book 'C', Volume 33, Page SOl, granted and conveyed unto KayN. Vucic, now Kay N. Hock, who joined by Neil Hock, her husband. are Grantors herein. PREMISES: 1004 NORTHFIELD DRIVE Ie #, 12070} VF,RTFlC:ATION Rhonda Weston, hereby states that he/she is Asst. Vice President of Bank of America, N.A. mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his /her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ? (\ hJJ/vJ tuI.iJ 4~lfL-/ Rhonda Weston, Asst Vice President DATE: 6/ S I <) ;:..;0 -{q. lr( ~\ <J\ V\ - t \) r ~ ~ w ~ ""0 ~ ~ -L.. 8 -",.,- f:;;-~ \ ..,., ->-:c:. ?, ~; .,. ~ f"~ c;"',. ---o\'!' ~ ~6~_ r.04' ...*=~~, ..-0 1~~ ("1 :::s:- 6,0 t" -., .~ .~ .r::- .~ OJ (;.-, ,. . - PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 BANK OF AMERICA, N.A., SIBIM TO BANK OF COURT OF COMMON PLEAS AMERICA, FSB Plaintiff CNIL DNISION vs. CUMBERLAND County JOHN J. WELLS, JR. No. 05-4105 CNIL TE LINDA LEE WELLS Defendants PRAECIPE TO REINSTATE CML ACTIONIMORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN & SCHMIEG, LLP By: ~MC-:~ j . lfc.~ FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: Seotember 8. 2005 Immt, Svc Dept. File# 120703 0 c-> 0 (::;;::J f- c:.~ -11 en U) r"f1 I \...D -;:) :--. (.~ f'.,.) 0-\ SHERIFF'S RETURN - REGULAR CASE NO: 2005-04105 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMERICA BANK N A OF VS WELLS JOHN J JR ET AL BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WELLS LINDA LEE the DEFENDANT , at 1535:00 HOURS, on the 26th day of August 2005 at 1004 NORTHFIELD DRIVE CARLISLE, PA 17013 by handing to TIMOTHY CURTIS, SON a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ~~~-<..~-:~ R. Thomas Kline me this .2/ day of 08/30/2005 PHELAN HALLINAN ff~IEG IJ By: tj?J;/tt)I!/L /~ Deputy Sheriff Sworn and Subscribed to before A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-04105 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND AMERICA BANK N A OF VS WELLS JOHN J 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 WELLS JOHN J JR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , WELLS JOHN J JR 1004 NORTHFIELD DRIVE CARLISLE, PA 17013 PER SON, DEFENDANT HAS LIVED IN NEW YORK CITY FOR MANY YEARS. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 4.00 5.00 10.00 .00 37.00 So answ~. . ..-/ .../. ;;; ,///' ______ /~~~~~ R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 08/30/2005 Sworn and subscribed to before me this c2/ day of Sf,1\t~ ;Lf)O~ /J ~. . ~ prO'h#'ta~ J ( -'- '-".J~' ,r;." (/ , , AFFIDAVIT OF SERVICE - CUMBERLAND COUNTY(MMT) PLAINTIFF BANK OF AMERICA, N.A., S/B/M TO BANK OF AMERICA, FSB NO. 05-4105 DEFENDANT JOHN J. WELLS, JR. LINDA LEE WELLS TYPE OF ACTION xx.. Mortgage Foreclosure xx.. Civil Action File Number 120701 SERVE AT: 9809 65TH ROAD, APT. 1D REGO PARK, NY 11374 SFRVFn Served and made known to JOHN T WFT T S rn Defendant on the L day of Oc:toB ElL /I'.3v o'clock, /1-. M., at ql\O'l (PS'''''' /2..) I4"l I D , City in the manner described below: _Defendant personally served. -X--Adult family member with whom Defendant(s) reside(s). ''-.~''''~ (>" Relationship is G; ill.tQ;v..l)S S..., .cC"'V<; f.I<.b%. J _Adult in charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s) _Agent or person in charge of Defendant's office or usual place of business. and officer of said defendant company. 206') at , ~, Other: ifll-A"I:>..JH H~!lI\..(, a competent adult, being duly sworn according to law, depose and state that I personally handed to C ,*Jl.~ !IV t>~ll.i ~atrueandcorrectcopyofthe IM-"ll~ ".,....lu'~ "~)1. {.:l-~o-' :::e: :: ~:dc~:::::ase on the date and at the address ind~e ~ 13' . me is ffday Served RL/~/-- t'./"." :J 20~ ./ ~ Notary Public NOT SFRVED On$\JJle of New Jerseday of , 20~, at o'clock fl<<f.~i:I.tMijifij.T FOUND because: Commission ~plresNIlffi,)Il, 2008Unknown _No Answer Vacant Other: Sworn to and subscribed Before me the Of Notary: Not SprvpcI Ry: day ,20~. Phelan Hallinan & Schmieg, LLP Attorneys For Plaintiff Francis S. Hallinan, Esquire - I.D.#62695 Suite 1400- One Penn Center Plaza at Suburban Station Philadelphia, PA 19103,1799 (215)563-7000 )~ ,...;' (' /------ (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW BANK OF AMERICA, N.A., S/B/M TO BANK OF AMERICA, FSB 475 CROSSPOINT P ARKW A Y, P.O. BOX 9000 CUMBERI"AND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-4105 CIVIL TERM JOHN J. WELLS, JR LINDA LEE WELLS Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on II, d.d 200~. By: If you have any questions concerning this matter, please contact: ~, ~C (~~hOlJl(J" " L QSCHMIE ,ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA i9103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED. THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 BANK OF AMERICA, N.A., S/B/M TO BANK OF AMERICA, FSB 475 CROSSPOINT PARKWAY, P.O. BOX 9000 GETZVILLE, NY 14068-9000 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-4105 CIVIL TERM JOHN J. WELLS, JR LINDA LEE WELLS 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 JOHN J. WELLS. JR and LINDA LEE WELLS, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 8/10/05 to 11111105 TOTAL $74,394.54 $1,457.00 $75,851.54 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~ ~ (] 0rnfYWir ' L G. Scm,1~<1, ESQUIRE Attorney for Plaintiff . DAMAGES ARE HEREBY ASSESSED AS INDICATED. . .~ DATE, II '" Or C~ 1 PR<YPROTH . PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq.. Id. No. 62695 Daniel G. Schmieg, Esq., ld. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (715) 5fil-7000 BANK OF AMERICA, N.A., SIB/M TO BANK OF : COURT OF COMMON PLEAS AMERICA, FSB Plaintiff : CNIL DIVISION Vs. : CUMBERLAND COUNTY JOHN 1. WELLS, JR. LINDA LEE WELLS Defendants : NO. 05-4105 CIVIL TE TO: JOHN J. WELLS, JR. 9809 65TH ROAD, APT. 1D REGO PARK, NY 11374 f\LE COpy DATE OF NOTICE: November 1, 2005 THIS FIRM IS A DEBT COLLECTOR ATIEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATIEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.lF YOU HAVE PREVIOUSLY RECENED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TIEMPT 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 mDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU 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 & SCHMIEG, LLp By: La\\Tence l' 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 (71') ,/i,-7000 BANK OF AMERICA, N.A., SIBIM TO BANK OF : COURT OF COMMON PLEAS AMERICA, FSB : CNIL DIVISION Plaintiff : CUMBERLAND COUNTY Vs. : NO. 05-4105 CIVIL TE JOHN J. WELLS, JR. LINDA LEE WELLS Defendants TO: LINDA LEE WELLS 1004 NORTHFIELD DRIVE CARLISLEI' A17013 f\lE COP'{ DATE OF NOTICE: November 1,2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECENED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECf 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 MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE 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 & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF BANK OF AMERICA, N.A., S/B/M TO BANK OF AMERICA, FSB CUMBERI"AND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION JOHN J. WELLS, JR LINDA LEE WELLS NO. 05-4105 CIVIL TERM Defendant(s ). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 BANK OF AMERICA, N.A., S/B/M TO BANK OF AMERICA, FSB CUMBERLAND COUNTY 475 CROSSPOINT PARKWAY, P.O. BOX 9000 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-4105 CIVIL TERM JOHN J. WELLS, JR LINDA LEE WELLS 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 ofthe 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 JOHN J. WELLS, JR is over 18 years of age and resides at , 9809 65TH ROAD, APT. lD, REGO PARK, NY 11374. (c) that defendant LINDA LEE WELLS is over 18 years of age, and resides at, 1004 NORTHFIELD 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. RJ NIEL G. SCHMIE Attorney for Plaintiff C"; ,..) , '.fi, e: -+-1 ~ r::J - ,- .-D - f;-i~'-' 0 \t:.. '7\:. [',..) :)-- <:> p...;; ~. 0 " (". --.:::::. ):l.. <01 ~ '" ..c;: ,,-' '" V) f'\) ~ -{' (' C.:) '" \,::, \J-J :T- - '" ::::-.. I() VJ " CX;J ~ '. (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 BANK OF AMERICA, N.A., S18/M TO BANK OF AMERICA, FSB Plaintiff, v. No. 05-4105 CIVIL TERM JOHN J. WELLS, JR LINDA LEE WELLS Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $75,851.54 Interest from 11/11/05 to JUNE 7, 2006 (per diem -$12.47) $2,593.76and Costs TOTAL $77,310.53 \ V,rVl - G. CHM 0, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1 Philadelphia, P A 19103-1814 Attorney for Plaintiff ---- ''-'' Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. ~ ...,.... tr) t!;~ e,";') i? u..~ >< ~"'~ (-" :,:~~)t--; .T.L.,(; " \,-,--"\W_ '2w ~ et_ a cO ('-j <--' cd o cP <;.~? ~ o:-.J -af;!;, c c ~ , ~ ~ ~ ~ ~ ~ ~ '\J (l ;J <J<:lS801..-1 <JO. .~~ 0.~~~ "\:1l- ::..-) D < ~% ~';>- 'j~ p.~ ~~ ~~ 8!i ~ ~O (,) ~~ 5~ (,)~ ~~ ...~ ~C ':; ~ ~ ~ o ... ~~ rJJ. ..... f< ig 6~ ~.... ~O < ~ ~ ~ ~ ,;, ... r;t..rJJ. .....~ ~; ~~ ~... ...;< ~~ O~ .... ~ - ~~ () B, () ~ .... e ~~ ~a o ....'OJ o " ... ~~ ~~ ~~ ~~ e; (,) i - ~ ~ Sl ~,., 'j ~ ~S ~:r ~ ......... - ~~ ~1411& ~~ u p.~ < (,) .rA ~~ ...~ ~~ ~~ O~ ~... ~~ iri ~Z ",'<l' ~~ (S)~ "'.... 'i / .\ ;,:::. ) -'~ \1.<. ~ ~ '" OJ .0 ~ S '" \;} go P- OJ ~ ;;, '" OJ ~ ~ 1 U .~ 'J \\l 1 i (Y.. WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4105 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA, N.A., SIBIM TO BANK OF AMERICA, FSB, Plaintiff (s) From JOHN J. WELLS, JR AND LINDA LEE WELLS (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account ofthe defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify hirnlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $75,851.54 L.L. $.50 Interest FROM 11111105 TO 617106 (PER DIEM - $12.47) - $2,593.76 AND COSTS Atty's Cornrn % Due Prothy $1.00 Atty Paid $135.00 Plaintiff Paid Other Costs Date: DECEMBER 28, 2005 (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 DESCRIPTION ALL that certain tract or parcel of land and premises, situate, lying and being in the Borough of Carlisle, in the County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the northern right-of-way line of North field Drive at the dividing line between Lots Nos. 28 and 29 on the hereinafter mentioned subdivision plan; thence along said dividing line North 02 degrees, 43 minutes, 32 seconds East 110.65 feet to an iron pin; thence along other lands of Grantor and along the centerline of a certain 20 foot wide storm sewer easement as shown on the hereinafter mentioned subdivision plan South 37 degrees, 40 minutes, 43 seconds East 37.98 feet to an iron pin; thence continuing along same North 89 degrees, 28 minutes, 37 seconds East 18.50 feet to an iron pin; thence along the dividing line between Lots Nos. 29 and 30 and through the center of a partition wall dividing the house situate on Lot No. 29 on said plan known and numbered as 1002 Northfield Drive and the house situate on Lot No. 29 on said plan known and numbered as 1004 Northfield Drive, and beyond, South 07 degrees, 52 minutes, 36 seconds West 85.49 feet to an iron pin on the Northern right-of-way line of Northfield Drive; thence along said right-of-way line by a curve to the left with a radius of761.86 feet 35.49 feet to a point, the place ofBEG[NNING. BEING Lot No. 29 of the Final Subdivision Plan Number I for Northfield prepared by Stephen G. Fisher, R.S. dated July 15,1983, and recorded in Cumberland County Plan Book 45, Page 16. BEING the same premises Albert E. Slusser and Joanne r. Slusser, Husband and Wife, by Deed dated December 18, 1987 and recorded in the Recorder of Deeds Office in and for Cumberland County, PelUlsylvania, in Deed Book "C", Volume 33, Page 501, granted and conveyed unto Kay N. Vucic, now Kay N. Hock, who joined by Neil Hock, her husband, are Grantors herein. Being Parcell! 06-18-1373-060 TITLE TO SAID PREM[SES [S VESTED IN John J. Wclls, Jr., and Linda Lee Wells, husband and wife, as tenants by the entireties, by Deed from Kay N. Vucic and Neil Hock, her husband, dated 11-13-92, recorded 12-2-92 in Deed Book 36A, page 266 Premises: 1004 Northfield Drive, Carlisle, PA 17013 , "" BANK OF AMERICA, N.A., S/BIM TO BANK OF AMERICA, FSB CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION JOHN J. WELLS, JR LINDA LEE WELLS NO. 05-4105 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) BANK OF AMERICA. N.A.. S/B/M TO BANK OF AMERICA, FSB, 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 ,1004 NORTHFIELD DRIVE. CARLISLE. P A 17013 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOHN J. WELLS, JR 9809 65TH ROAD, APT. lD REGO PARK, NY 11374 LINDA LEE WELLS 1004 NORTHFIELD DRIVE CARLISLE, PA 17013 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None - . 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PA HOUSING FINANCE AGENCY 2101 N. FRONT STREET HARRISBURG, PA 17110 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 1004 NORTHFIELD DRIVE CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~. C December 22, 2005 DATE C) (- ,..., t.::'~ C,.) c....n C' ,'-;"\ c"" ",> cD o -,1 .-\ ~~n 1-n;::: -i:~::" .-c () ~1\';'.n ':2.; .:<. G' en ..;.-" i BANK OF AMERICA, N.A., S/B/M TO BANK OF AMERICA, FSB CUMBERLAND COUNTY Plaintiff, No. 05-4105 CIVIL TERM v. JOHN J. WELLS, JR LINDA LEE WELLS Defendant(s). December 22, 2005 TO: JOHN J. WELLS, JR 9809 65TH ROAD, APT. 1D REGO PARK, NY 11374 LINDA LEE WELLS 1004 NORTHFIELD 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 YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at, 1004 NORTHFIELD 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, P A 17013, to enforce the court judgment of$75,851.54 obtained by BANK OF AMERICA. N.A" S/B/M TO BANK OF AMERICA, FSB (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: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. , . You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out ifthis has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the fuU amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share ofthe money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who 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 mav 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, P A 17013 , DESCRIPTION ALL that certain tract or parcel of land and premises, situate, lying and being in the Borough of Carlisle, in the County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the northern right-of-way line of North field Drive at the dividing line between Lots Nos. 28 and 29 on the hereinafter mentioned subdivision plan; thence along said dividing line North 02 degrees, 43 minutes, 32 seconds East 110.65 feet to an iron pin; thence along other lands of Grdntor and along the centerline of a certain 20 foot wide storm sewer easement as shown on the hereinafter mentioned subdivision plan South 37 degrees, 40 minutes, 43 seconds East 37.98 feet to an iron pin; thence continuing along same North 89 degrees, 28 minutes, 37 seconds East 18.50 feet to an iron pin; thence along the dividing line between Lots Nos. 29 and 30 and through the center of a partition wall dividing the house situate on Lot No. 29 on said plan known and numbered as 1002 Northfield Drive and the house situate on Lot No. 29 on said plan known and numbered as 1004 Northfield Drive, and beyond, South 07 degrees, 52 minutes, 36 seconds West 85.49 feet to an iron pin on the Northern right-of-way line of Northfield Drive; thence along said right-of-way line by a curve to the left with a radius of761.86 feet 35.49 feet to a point, the place ofBEGlNNING. BEING Lot No. 29 of the Final Subdivision Plan Number I for Northfield prepared by Stephen G. Fisher, R.S. dated July 15, 1983, and recorded in Cumberland County Plan Book 45, Page 16. BEING the same premises Albert E. Slusser and Joanne I. Slusser, Husband and Wife, by Deed dated December 18, 1987 and recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Deed Book "C", Volume 33, Page 501, granted and conveyed unto Kay N. Vucic, now Kay N. Hock, who joined by Neil Hock, her husband, are Grantors herein. Being Parcel # 06-18-1373-060 TITLE TO SAID PREMISES [S VESTED IN John J. Wells, Jr., and Linda Lee Wells, husband and wife, as tenants by the entireties, by Deed from Kay N. Vucic and Neil Hock, her husband, dated 11-13-92, recorded 12-2-92 in Deed Book 36A, page 266 Premises: 1004 Northfield Drive, Carlisle, PA l70l3 ", I ~;;.:::l 5:;; r.::J r'lj CJ ", co (t? rn .'-. \ AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF BANK OF AMERICA, N.A., 8/BIM TO BANK OF AMERICA, F8B DEFENDANT(S) JOHN J. WELLS, JR LINDA LEE WELLS No. 05-4105 CIVIL TERM ACCT. #4801107212 SERVE LINDA LEE WELLS AT 1004 NORTHFIELD DRIVE CARLISLE, PA 11013 Type of Action - Notice of Sheriff's Sale Sale Date; JlJNE 7, 2006 SERVED .r U',o ,20~,at ( . ,0'c1ock~.m..at 100'1 /Vc~,b/N 0) /;>fI. C .lIP \..i;,}..e ~o pI!- dayof i)1'C0f^~ Served and made known to t,.1'/vDA Lft (.ufO':> , Defendant, on the , Commonwealth of Pennsylvania, in the manner described below: X. Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. _~Manager/Clerk of place 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 Defcndant(s)'s company. Other: Description: Age 3S~ I Height" 'f Weight llo Race ~ Sex ~ Other I, -nfcMt: "5 t~\i'Z , 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 Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. (/ ......-..~~ By ,~ ./ Sl1iJQMSEf~#EMP~~ERVICE AT LEAST 3 TIMES. INDICATE D elm mission Explfes June 16,-21 ATTEMPTED. ES & TIMES OF SERVICE NOT SERVED On the _.~._ day of_.____. 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknovlll No Answer Vacant 1" Attempt: / I Time; 2nd Attempt: / Time: 3rd Attempt: I / Time: Sworn to and subscribed before me Ihis ~ day of . 200 _' Notary: By: Attornev for PJ.aintjff Daniel G. Schmieg~ Esquire I.D. No. 62205 /': l~ J JJ -.-'" c_ L,:) I.:::: r-", AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF BANK OF AMERICA, N.A., SIBIM TO BANK OF AMERICA, FSB DEFENDANT(S) JOHN J. WELLS, JR LINDA LEE WELLS No. 05-4105 CIVIL TERM ACCT. #4801107212 SERVE JOHN J. WELLS, JR AT 9809 65TH ROAD, APT. 1D REGO PARK,NY 11374 Type of Action - Notice of Sheriff's Sale Sale Date: .IUNE 7, 2006 SERVED Served and ll1Jlde known to :'Solku lPt'IIS -:5d/ at3~~_.O'clock+m,at Cl'6rJ.[ bS"'I \2J> . Defendant, on the 7 day of J"'vt/ i2,'Z~r" 1M-e: ,200k Apt \~ N'( , Commonwealth of Pennsylvania, in the roaMer described below: X Defendant personally served. ____ __Adult family member with whom Defendant(s) reslde(s). Name and Relationship is _~____" ~_Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. ___Manager/Clerk of place oflodging in which Defendant(s) reside(s). _ _ _ __Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 92 r' /I Height 2J':> Weight I ZD Race Lu Sex V\.J\. Other r;-i1l-fulki :r l-Y.1l\~ ' a competent adult, being duly sworn according to law, depose and state that 1 personaJly handed a true and correct copy of the Notlee of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. (/-~~a~~ss,!~ .' ~. U ~ ~ ,~ utary lie - - B0 \ / ~ / '- v p ~ PT S!tRVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. C',' '.SiOo1 Expires June 16, 2008 NOT SERVED On the day of ,200_. at o'clock _.n1., Defendant NOT FOUND because: Moved Unk110\VI1 No Answer Vacant I" Attempt: I I Time: 2nd Attempt: I I Time: 3rd Attempt: I I Time:~_ Sworn to and subscribed before me this ~ day of _____., 200 _ . Notary: By: Attornev for Plaintiff Daniel G. Schmieg. Esquire - I.D. No. 62205 11\ D'\D \ \ \\ :::J ;-,1 ,-- ,> : C~):D c:) --< 'to Bank of America, N.A., slb/a to Bank of America, FSB VS John J. Wells, Jr Linda Lee Wells In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-4105 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriffs Costs: Docketing Surcharge Prothonotary Law Library Poundage Advertising Levy Posting Handbills Mileage Certified Mail Share of Bills Patriot News Law Journal 30.00 30.00 1.00 .50 1,664.80 15.00 15.00 15.00 8.80 6.27 19.57 430.40 503.00 $2,733.07 .; 'l . "-D(' q.,.. S~.An~ ~ - U'~ R. Thomas Kline, Sheriff I.:)D Ck... :s S 3 N ~ HJ(,}) I' .. f BANK OJl' AMERICA, N.A., SIB/M TO BA~K OF AMERICA, FSB CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION JOHN J. WELLS, JR LINDA LEE WELLS NO. 05-4105 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) BANK OF AMERICA. N.A.. SIB/M TO BANK OF AMERICA. FSB, 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 .1004 NORTHFIELD DRIVE. CARLISLE. P A 17013 . 1. Name and address ofOwner(s}or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOHN J. WELLS, JR 9809 65TH ROAD, APT. 1D REGO PARK, NY 11374 LINDA LEE WELLS 1004 NORTHFIELD DRIVE CARLISLE, PA 17013 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None .,. ~ .. )' 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PA HOUSING FINANCE AGENCY 2101 N. FRONT STREET HARRISBURG, PA 17110 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 1004 NORTHFIELD DRIVE CARLISLE, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December 22, 2005 DATE ~.// QUlRE U .. . '" BANK OF AMERICA, N.A., SIB/M TO BANK OF AMERICA, FSB CUMBERLAND COUNTY Plaintiff, No. 05-4105 CIVIL TERM v. JOHN J. WELLS, JR LINDA LEE WELLS Defendant( s). December 22, 2005 TO: JOHN J. WELLS, JR 9809 65TH ROAD, APT. ID REGO PARK, NY 11374 LINDA LEE WELLS 1004 NORTHFIELD DRIVE CARLISLE, P A 17013 **THIS FIRM ISA DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at .1004 NORTHFIELD 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, P A 17013, to enforce the court judgment of $75.851.54 obtained by BANK OF AMERICA. N.A.. S/BIM TO BANK OF AMERICA. FSB (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: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. - . . You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 - , ,. DESCRIPTION ALL that certain tract or parcel of land and premises, situate, lying and being in the Borough of Carlisle, in the County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the northern right-of-way line of North field Drive at the dividing line between Lots Nos_ 28 and 29 on the hereinafter mentioned subdivision plan; thence along said dividing line North 02 degrees, 43 minutes, 32 seconds East 110.65 feet to an iron pin; thence along other lands of Grantor and along the centerline of a certain 20 foot wide storm sewer easement as shown on the hereinafter mentioned subdivision plan South 37 degrees, 40 minutes, 43 seconds East 37.98 feet to an iron pin; thence continuing along same North 89 degrees, 28 minutes, 37 seconds East 18.50 feet to an iron pin; thence along the dividing line between Lots Nos. 29 and 30 and through the center of a partition wall dividing the house situate on Lot No. 29 on said plan known and numbered as 1002 Northfield Drive and the house situate on Lot No. 29 on said plan known and numbered as 1004 Northfield Drive, and beyond, South 07 degrees, 52 minutes, 36 seconds West 85.49 feet to an iron pin on the Northern right-of-way line of Northfield Drive; thence along said right-of-way line by a curve to the left with a radius of 761.86 feet 35.49 feet to a point, the place of BEGINNING. BEING Lot No. 29 of the Final Subdivision Plan Number I for Northfield prepared by Stephen G. Fisher, R.S. dated July 15, 1983, and recorded in Cumberland County Plan Book 45, Page 16. BEING the same premises Albert E. Slusser and Joanne I. Slusser, Husband and Wife, by Deed dated December 18, 1987 and recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Deed Book "C", Volume 33, Page 501, granted and conveyed unto Kay N. Vucic, now Kay N. Hock, who joined by Neil Hock, her husband, are Grantors herein_ Being Parcel # 06-18-1373-060 TITLE TO SAID PREMISES IS VESTED IN John J. Wells, Jr., and Linda Lee Wells, husband and wife, as tenants by the entireties, by Deed from Kay N. Vucic and Neil Hock, her husband, dated 11-13-92, recorded 12-2-92 in Deed Book 36A, page 266 Premises: 1004 Northfield Drive, Carlisle, P A 17013 WRIT OF EXECUTIONoend/or ATTACHMENT ., COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4105 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA, N.A., S/B/M TO BANK OF AMERICA, FSB, Plaintiff (s) From JOHN J. WELLS, JR AND LINDA LEE WELLS (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) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $75,851.54 L.L. $.50 Interest FROM 11/11/05 TO 6/7/06 (PER DIEM - $12.47) - $2,593.76 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $135.00 Other Costs Plaintiff Paid Date: DECEMBER 28, 2005 (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPIDA, PA 19103 -1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 28 On February 14,2006 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, P A Known and numbered as 1004 Northfield Drive, Carlisle, more fully described on Exhibit "A" Date: February 14, 2006 By: \JOrllJ.~~ RealE1tate Sergeant Ci8 c;:u c:vil c:==;1 ~ \,,:JD ~ filed with this writ and by this reference incorporated herein. Z S :01 '\j E - NVr qOOZ Vd 'AHHtGJ UN;; lc.jjtH~n:) .:l.:H~3I1S 3Hl .:10 381j.:lO ~-::-..- PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: April 7, 14,21,2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 21 day of April, 2006 IF'.... .- .~ r ~"I JV n .\j\!C <; ~.,;;}i '2." ~,.,!V <f ~: ~ ~\ REAL ESTATE SALE NO. 28 Writ No. 2005-4105 Civil Bank of America, N.A. s/b/m to Bank of America, FSB vs. John J. Wells, Jr. and Linda Lee Wells Atty.: Daniel Schmieg DESCRIPTION ALL that certain tract or parcel of land and premises, situate, lying and being in the Borough of Carlisle, in the County of Cumberland, and Commonwealth of Pennsylvania, rnore particularly described as fol- lows: BEGINNING at a point on the northern right-of-way line of Northfield Drive at the dividing line between Lots Nos. 28 and 29 on the hereinafter mentioned subdivi- sion plan; thence along said divid- ing line North 02 degrees, 43 min- utes, 32 seconds East 110.65 feet to an iron pin; thence along other lands of Grantor and along the centerline of a certain 20 foot wide storm sewer easement as shown on the hereinafter mentioned subdivi- sion plan South 37 degrees, 40 min- utes, 43 seconds East 37.98 feet to an iron pin; thence continuing along same North 89 degrees. 28 minutes, 37 seconds East 18.50 feet to an iron pin; thence along the dI- viding line between Lots Nos. 29 and 30 and through the center of a partition wall dividing the house situ- ate on Lot No. 29 on said plan known and nurnbered as 1002 Northfleld Drive and the house situ- ate on Lot No. 29 on said plan known and nurnbered as 1004 Northfleld Drive, and beyond, South 07 degrees, 52 minutes, 36 seconds West 85.49 feet to an Iron pin on the Northern right-of-way line of Northfleld Drive; thence along said right-of-way line by a curve to the left with a radius of 761.86 feet 35.49 feet to a point, the place of BEGINNING. BEING Lot No. 29 of the Final Subdivision Plan Nurnber 1 for Northfleld prepared by Stephen G. Fisher, R.S. dated July 15, 1983, and recorded in Cumberland County Plan Book 45, Page 16. BEING the same premises Albert E. Slusser and Joanne I. Slusser, Husband and Wife, by Deed dated December 18, 1987 and recorded in the Recorder of Deeds Office in and for Cumberland County, Penn- sylvania, in Deed Book "C", Volume 33, Page 501, granted and conveyed unto Kay N. Vuclc, now Kay N. Hock, who joined by Neil Hock. her husband, are Grantors herein. Being Parcel # 06-18-1373-060 TITLE TO SAID PREMISES IS VESTED IN John J. Wells, Jr., and Linda Lee Wells, husband and wife, as tenants by the entireties, by Deed from Kay N. Vucic and Neil Hock, her husband, dated 11-13- 92, recorded 12-2-92 in Deed Book 36A, page 266 PrPTnic;:.pc:o 1 (l()Ll l\Tnrt'hflplrt Driup " . .. . THE PATRIOT NEWS THESUNDAYPATIDOTNEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of April and the 3rd day(s) of May 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY S ALE #28 NOTAR PUBLIC My commission expires June 6, 2006 # CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 . .......... ~: .1004 ~ DrM, QdisIe, PA l'JOIJ .