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HomeMy WebLinkAbout05-4231 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEV ARD FORT MILL, SC 29715 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 05 -Lj;lJ/ c.;r..>i.C-r~ CUMBERLAND COUNTY v. ROBBIE D. LUZIER DEE A. LUZIER 1004 EAST COOVER STREET MECHANICSBURG, P A 17055 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 HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMA nON 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, P A 17013 (800)990,9108 File#: IIR418 Filc#: 118418 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 MA Y 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. I. Plaintiff is WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: ROBBIE D. LUZIER DEE A. LUZIER 1004 EAST COOVER STREET MECHANICSBURG, PAl 7055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 07/31/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to COLUMBIA NATIONAL INCORPORATED which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1829, Page: 4886. By Assignment of Mortgage recorded 06/1 0/04 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Mortgage Book No. 708, Page 4632. 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 03/0 I /2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File#: 118418 6. The following amounts are due on the mortgage: Principal Balance Interest 02/01/2005 through 08117/2005 (Per Diem $17.38) Attorney's Fees Cumulative Late Charges 07/31/2003 to 08117/2005 Cost of Suit and Title Search Subtotal $106,567.82 3,441.24 1,250.00 130.50 $ 550.00 $ 111,939.56 Escrow Credit Deficit Subtotal 79.87 0.00 $- 79.87 TOTAL $ 111,859.69 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 111,859.69, together with interest from 08117/2005 at the rate of$17.38 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. LLINAN & SCHMIEG, LLP -~ /iIj;;ta j(' By: Is/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 118418 LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in the Borough of Mechanicsburg, County of Cumberland and Conunonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of Coover Street as shown on the hereinafter mentioned Plan of Lots, at the northeastern corner of Lot No. 72 on said plan; thence by the southern line of Coover Street, North 66 degrees 43 minutes East, 80 feet to a point; thence by the dividing line between Lots Nos. 70 and 71 on said Plan, South 22 degrees 47 minutes East, 141.4 feet to a point; thence by the dividing line between Lots Nos. 71 and 75 on said Plan. South 66 degrees 43 minutes West, 80 feet to a point; thence by the dividing line between Lots Nos. 71 and 73 and by the dividing line between Lots 71 and 72, North 22 degrees 47 minutes West, 141.4 feet to a point, the place of BEGINNING. BEING Lot No. 71 on Plan of Lots known as 'Orchard-Crest', Remainder of Section 'B', which plan is of record in the Cumberland County Recorder's Office in Plan Book 11, page 32. HAVING THEREON ERECTED a dwelling known and numbered as 1004 E. Coover Street, Mechanicsburg, Pennsylvania. UNDER AND SUBJECT to all easements, restrictions, reservations, conditions and rights-of-way of record, BEING THE SAME PREMISES which Mark T. Walthour, a single man, by deed dated and recorded May 29, 1991 in Cumberland County Record Book D-35, page 226 granted and conveyed unto David W. Zinunennan, one of the Grantors herein. File#: ] ]8418 VERIFICATION Yolanda Williams hereby states that he/she is VP Loan Documentation of Wells Fargo Bank, NA 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. l1LaAw- DATE: BJ IS I ~ Yolanda Williams Vice President Loan Documentation , p :\f. ......... " ~ ~ ~ "'-{) () $Q. ~ ~ :t cs ~ ~ ~ ~ ~ ?2 ,..., 8 (.~~, 9n c:~, .--; c;-..r1 "'" -4 c: :r:,.., (j ) \11-'''' c'- en CO ~.~ ~-:'; '"'" .. :~-: :::::': -,~'-'j <....' ,-n .. ~, \"',') "';:?- :11 ~ .< SHERIFF'S RETURN - REGULAR CASE NO: 2005-04231 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS LUZIER ROBBIE D ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LUZIER DEE A the DEFENDANT , at 1845:00 HOURS, on the 31st day of August , 2005 at 1703 ENGLISH DRIVE MECHANICSBURG, PA 17055 by handing to DEE LUZIER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 8.00 .00 10.00 .00 36.00 So Answers: r-~~-,~/~ R. Thomas Kline me this dl day of 09/01/2005 PHELAN HALLINAN SCHMIEG By: A~lllL) Deputy Sheriff Sworn and Subscribed to before A.D. SHERIFF'S RETURN - NOT SERVED CASE NO: 2005-04231 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS LUZIER ROBBIE D ET AL R. Thomas Kline , Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: LUZIER ROBBIE D but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT SERVED , as to the within named DEFENDANT , LUZIER ROBBIE D 4052 LISBURN ROAD MECHANICSBURG, PA 17055 SERVICE WAS MADE AT 804 E SIMPSON STREET. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 sO~2?__~> R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 09/09/2005 Sworn and subscribed to before me this ;J! day of ~1~1~ :Uv5' AD/l~ Prothonotary A SHERIFF'S RETURN - NOT SERVED CASE NO: 2005-04231 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS LUZIER ROBBIE D ET AL R. Thomas Kline , Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: LUZIER DEE A but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT SERVED , as to the within named DEFENDANT , LUZIER DEE A 4052 LISBURN ROAD MECHANICSBURG, PA 17055 SERVICE WAS MADE AT 1703 ENGLISH DRIVE. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10,00 .00 16.00 So answers_.:... .,,_.,. ~,.c.--,- ~8~/:-.</---- .. --f<~;;-~C:< ... R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 09/09/2005 Sworn and subscribed to before me this )/ day of ~11e.-wl lvA"' ;).{sfJ'S' A . D . prothonota~y SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-04231 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS LUZIER ROBBIE D 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 LUZIER DEE A but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , LUZIER DEE A 1004 EAST COOVER STREET MECHANICSBURG, PA 17055 1004 EAST COOVER STREET IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 So a.nswer._::,- ..//....~/~~/....... .~.. - .~~._/"'~--~///.-..-.._..,/ -- ~~ ~--. .' "..- ~. ,/ ---- R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 09/09/2005 Sworn and subscribed to before me this Jl day of ~ -f,4b.vt~ d--tJ(j,') A.D. {!~~ prothonotarY_~ SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-04231 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS LUZIER ROBBIE D 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 LUZIER ROBBIE D but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , LUZIER ROBBIE D 1004 EAST COOVER STREET MECHANICSBURG, PA 17055 1004 EAST COOVER STREET IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 8.00 5.00 10.00 .00 41.00 So answers: ,;..7 ~<_ ____ ,/.......z':'~ ":_-:;'~.5:;"" -;?<"',;?" ~ -- R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 09/09/2005 Sworn and subscribed to before me this ~ day of ~/J. e...,.. fur M.<\ A.D. (Jc'L(.~~ Prothonotat""y ~~ SHERIFF'S RETURN - REGULAR CASE NO: 2005-04231 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS LUZIER ROBBIE D ET AL SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LUZIER ROBBIE D the DEFENDANT at 1800:00 HOURS, on the 8th day of September, 2005 at 804 EAST SIMPSON STREET MECHANICSBURG, PA 17055 by handing to ROBBIE LUZIER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 8.80 .00 10.00 .00 24.80 rfJ;5-:::~~~ R. Thomas Kline me this JI day of 09/09/2005 PHC",:yHALL~~ Deputy Sheriff Sworn and Subscribed to before A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2005-04231 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS LUZIER ROBBIE D ET AL SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LUZIER DEE A the DEFENDANT , at 1837:00 HOURS, on the 8th day of September, 2005 at 1703 ENGLISH DRIVE MECHANICSBURG, PA 17055 by handing to DEE LUZIER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 8.00 .00 10.00 .00 24.00 ;-:<,-~"2.."P" ,,,...~ 'f_""~~ R. Thomas Kline me this J{ day of 09/09/2005 "HELAN HALLLNAN "HMLEG ~ By: ~ . Deputy Sheriff Sworn and Subscribed to before A.D. ... 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. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-4231 CIVIL TERM ROBBIE D. LUZIER DEE A. LUZIER 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 ROBBIE D. LUZIER and DEE A. LUZIER, 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 8/18/05 to 10/24/05 TOTAL $111,859.69 $1,181.84 $113,041.53 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. 'J!~J DANIEL G. SCHMIEG, ES Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICA TED~ ' . ~ DATE: C2.ci:-21, dDOS 1Nr""4~ PROIPROTHY _ ~ PHELAN, HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 I? 1,) ,1\1-7000 WELLS FARGO BANK, N.A. Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY ROBBIE D. LUZIER DEE A. LUZIER : NO. 05-4231 Defendants TO: DEE A. LUZIER 1703 ENGLISH DRIVE MECHANICSBURG , PAl 7055 DATE OF NOTICE: SFPTFMRFR 29 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.lF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE 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 AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PAl 9 I 03 (71)) )01-7000 WELLS FARGO BANK, N.A. Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY ROBBIE D. LUZIER DEE A. LUZIER : NO. 05-4231 Defendants TO: ROBBIE D. LUZIER 804 EAST SIMPSON STREET MECHANICSBURG, P A 17055 DATE OF NOTICE: SRPTFMRFR 29 2no~ THIS FIRM IS A DEBT COLLEcrOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLEcr THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORT ANT 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. IF YOU DO NOT HAVE A LA WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE 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 'cP ~~ '?1- \t I::\. C> _ .l:: \) ~ t % ~ ~ ~ 171 :B ~, - ~ ---t- "..., , . ,--~ ., .-' . . ,." - ." , 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 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-4231 CIVIL TERM ROBBIE D. LUZIER DEE A. LUZIER 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 ROBBIE D. LUZIER is over 18 years of age and resides at, 804 EAST SIMPSON STREET, MECHANICSBURG, PA 17055. (c) that defendant DEE A. LUZIER is over 18 years of age, and resides at , 1703 ENGLISH DRIVE, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. tr~1-t~ DANIEL G. SCHMIEG, E UIRE Attorney for Plaintiff Ii', .....; I (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-4231 CIVIL TERM ROBBIE D. LUZIER DEE A. LUZIER Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on Cid < :If 200 -..s BYC~ If you have any questions concerning this matter, please contact: ""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."" " PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK, N.A. Plaintiff, v. No. 05-4231 CIVIL TERM ROBBIE D. LUZIER DEE A. LUZIER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $113,041.53 Interest from 10/24/05 to MARCH 8, 2006 (per diem -$18.58) $2,508.30 and Costs TOTAL $115,549.83 ;fJ~Axf~ DANIEL G. SCHMIEG, E UIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It 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. lrl lrl c:> t- .... <lrl ~lTl .c:> ~~ j;;)< ~~ 00 . ~~ ~~ ~oo u~ ~~ >;.o;:S z .~ ~u o~ 0 ~~ ~? ~ ;j~ c ,... . t ~ 00'" ~oo ~~ z~ ~ zZ z ~ ...... ",a .~ ~~ '" ~~ 'il e;~ ~ ., ~ N'" >;.0;0 'co ~~ .D j;;);S o~ - ~ ~ . ... ~~ ~~ o~ ~ "Jj;;) ~~ e 0 .;, ""J ~ ,...0 '" UZ ~ > ~" ~~ ~", ~Z ~ ~S ",< . ., go ~~ os . e "'~ u ~~ J~ p. ~~ >;.0; ~~ ""'c:> I >;.o;~ c:>t- 00 00.... S~ ~ QI. ~'-' 1 ;,; us 0 '" ~ 0) ~'" ~ ~ ~ ,...~ :;:: ~ " ~ ~ ~j;;) u ',..-) -f- -2 -J:- - 3 - .. ." .-..- d~ ~ l.. ~ ~ ~ - - ~ - -f -- - ~ - , - ::. VJ ~ -6~ ~ ~ - - J (.... - ~ , ~ , ~ - --j " :; - , - () :::: - .J a 8 G (l10 (3~ ~ \ \ \ ~ c- O I I () ~ ~ <J J ~ (J CJ 'J 0 (J (J (j <J () <J C\ 0>- (J i () C>o C\ C\ 0J (j tn V1 1J lI.l-9 \I) . Q ~ ~ -- - :r- ::r ~ -!l "t:ry-~ ( -S} C'J ::r~ ~ ~ 'v) 0- cJ (Q\'() - --- (, ~ - . -. DESCRIPTION ALL THAT CERTAIN lot or parcel ofland situate in the Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of Coover Street as shown on the hereinafter mentioned Plan of Lots, at the northeastern comer of Lot No. 72 on said plan; thence by the southern line of Coover Street, North 66 degrees 43 minutes East, 80 feet to a point; thence by the dividing line between Lots Nos. 70 and 71 on said Plan, South 22 degrees 47 minutes East, 141.4 feet to a point; thence by the dividing line between Lots Nos. 71 and 75 on said Plan. South 66 degrees 43 minutes West, 80 feet to a point; thence by the dividing line between Lots Nos. 71 and 73 and by the dividing line between Lots 71 and 72, North 22 degrees 47 minutes West, 141.4 feet to a point, the place of BEGINNING. BEING Lot No. 71 on Plan of Lots known as "Orchard-Crest", Remainder of Section "B", which plan is of record in the Cumberland County Recorder's Office in Plan Book 11, page 32. HAVING THEREON ERECTED a dwelling known and numbered as 1004 E. Coover Street, Mechanicsburg, Pennsylvania. UNDER AND SUBJECT to all easements, restrictions, reservations, conditions and rights-of-way of record. BEING THE SAME PREMISES which Mark T. Walthour, a single man, by deed dated and recorded May 29, 1991 in Cumberland County Record Book D-35, page 226 granted and conveyed unto David W. Zimmerman, one of the Grantors herein. Being Parcel # 17-23-0561-066 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Robbie D. Luzier and Dee A. Luzier, husband and wife, by Deed from David W. Zimmerman and Cheryl A. Zimmerman, husband and wife, dated 10-11-96, recorded 10-14-96, in Deed Book 147, page 506. PREMISES BEING: 1004 EAST COOVER STREET, MECHANICSBURG, PA 17055 WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4231 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., Plaintiff (s) From ROBBIE D. LUZIER AND DEE A. LUZIER (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) 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 he/she has been added as a garnishee and is enjoined as above stated. Amount Due $113,041.53 L.L. $.50 Interest FROM 10/24105 TO 318/06 (PER DIEM - $18.58) - $2,508.30 AND COSTS Atty's Corum % Due Prothy $1.00 Atty Paid $260.80 Plaintiff Paid Other Costs Date: OCTOBER 31,2005 By: (Seal) 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 WELLS FARGO BANK, N.A. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS ROBBIE D. LUZIER DEE A. LUZIER CIVIL DIVISION NO. 05-4231 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) WELLS FARGO BANK. N.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,1004 EAST COOVER STREET, MECHANICSBURG, PA 17055. L Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ROBBIE D. LUZIER 804 EAST SIMPSON STREET MECHANICSBURG, PA 17055 DEE A. LUZIER 1703 ENGLISH DRIVE MECHANICSBURG, P A 17055 2. Name and address ofDefendant(s) in thejudgmenl: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PNC BANK, NATIONAL ASSOCIATION 2730 LIBERTY AVENUE PITTSBURGH, PA 15222 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 EAST COOVER STREET MECHANICSBURG, PA 17055 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. October 24, 2005 DATE Y'~)j~~ DANIEL G. SCHMIEG, ES IRE Attorney 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 WELLS FARGO BANK, N.A. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION ROBBIE D. LUZIER DEE A. LUZIER NO. 05-4231 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: (X) an FHA mortgage () non-owner occupied () vacant o 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. 'JY~ Jj J~ DANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff "..1 --' WELLS FARGO BANK, N.A. Plaintiff, CUMBERLAND COUNTY v. No. 05-4231 CIVIL TERM ROBBIE D. LUZIER DEE A. LUZIER Defendant(s). October 24, 2005 TO: ROBBIE D. LUZIER 804 EAST SIMPSON STREET MECHANICSBURG, PA 17055 DEE A. LUZIER 1703 ENGLISH DRIVE MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY" Your house (real estate) at. 1004 EAST COOVER STREET. MECHANICS BURG. PA 17055. 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, P A 17013, to enforce the court judgment of $113.041.53 obtained by WELLS FARGO BANK. N.A. (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 SHERlFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out ifthis has happened, you may call (717) 240-6390. 4. Ifthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution ofthe money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home hack, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ~ DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in the Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of Coover Street as shown on the hereinafter mentioned Plan of Lots, at the northeastern comer of Lot No. 72 on said plan; thence by the southern line of Coover Street, North 66 degrees 43 minutes East, 80 feet to a point; thence by the dividing line between Lots Nos. 70 and 71 on said Plan, South 22 degrees 47 minutes East, 141.4 feet to a point; thence by the dividing line between Lots Nos. 71 and 75 on said Plan. South 66 degrees 43 minutes West, 80 feet to a point; thence by the dividing line between Lots Nos. 71 and 73 and by the dividing line between Lots 71 and 72, North 22 degrees 47 minutes West, 141.4 feet to a point, the place of BEGINNING. BEING Lot No. 71 on Plan of Lots known as "Orchard-Crest", Remainder of Section "B", which plan is ofrecord in the Cumberland County Recorder's Office in Plan Book 11, page 32. HAVING THEREON ERECTED a dwelling known and numbered as 1004 E. Coover Street, Mechanicsburg, Pennsylvania. UNDER AND SUBJECT to all easements, restrictions, reservations, conditions and rights-of-way of record. BEING THE SAME PREMISES which Mark T. Walthour, a single man, by deed dated and recorded May 29, 1991 in Cumberland County Record Book D-35, page 226 granted and conveyed unto David W. Zimmerman, one of the Grantors herein. Being Parcel # 17-23-0561-066 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Robbie D. Luzier and Dee A Luzier, husband and wife, by Deed from David W. Zimmerman and Cheryl A. Zimmerman, husband and wife, dated 10-11-96, recorded 10-14-96, in Deed Book 147, page 506. PREMISES BEING: 1004 EAST COOVER STREET, MECHANICS BURG, P A 17055 . ..... AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO BANK, N.A. CUMBERLAND COUNTY PMB No. 05-4231 CIVIL TERM DEFENDANT(S) ROBBIE D. LUZIER DEE A. LUZIER ACCT. #0188575823 SERVE ROBBIE D. LUZIER AT 804 EAST SIMPSON STREET MECHANICSBURG, PA 17055 Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 8, 2006 SERVED 1:-" Q + '..;/ZC+A , Defendant, on the (' day of 1 ,200.6 (tlR,C hon' ,sbj a,_~.. 5+/ Served and made known to .f2{)h b,' e O. at 2; 25, o'clockE.rn., at W)J E L LA 'ZI (<>( 5, t'hfSO(\ ofPenn}1l'vania, in the manner described below: / 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. ManagerlClerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other, Description: Age 40 Height~' Weight22...0 Race~sexiYl Other !, ,-) 1M Yc: Z'~ , a competent adult, being duly sworn according to law, depose and state that I personally handed a ttue 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. 9~ \';(."!a~y Public Et~.'::Ci ~'~ewJcrsey On thl',i ;,;CinE: d' ;f8fiS (;oinm:"siJIl Exp;;es j6ne lv, LUUts Moved Unknown NOT SERVED ,200_, at o'clock _.m., Defendant NOT FOUND because: No Answer Vacant 1 sl Attempt: / / Time: 2nd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 )~ I~ II. o (": ,-, c.? c;;:::) ,,-,' ~ C:. ~. ...( \ .....l o -rl ~-c; f11\:::.',:-, \:') (--) C;, ~ - - .~?~ ~~>, ._~A ~ N (.n ---------- -------- . \ - AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF WELLS FARGO BANK, N.A. PMB No. 05-4231 CIVIL TERM DEFENDANT(S) ROBBIE D. LUZIER DEE A. LUZIER ACCT. #0188575823 SERVE DEE A. LUZIER AT 1703 ENGLISH DRIVE MECHANICSBURG, PA 17055 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 8, 2006, SERVED 2 IJ TT~ (Vl p T5~ servedandmadeknownto_()ef> ~21e f ,Defendant,:n:he 29 day of UcT ,20<Q,at 3: 30. o'clockP.lfL, at 5 N. 5~ 5+ (P-sers) rlar(Lsbwrq I PA I 7/02 P,d.E, J , 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 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 ~ ,eight n .. Weight lID Race ~ Sex j--- Other I, '- \ \ 'fV' \( (' z. I 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 the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. On the By' Rlic ~. " P E I~MY>T SERVICE AT LEAST 3 TIMES. INDICATE / PATR',CIAE, ARRTS ATTEMPTED. Commission Expires June 16, 2008 NOT SERVED ,20b,at 1'3d,'clOCkf'lfL'DefendantN~FOU?tfDb cause'! J _ 1_ Ph Mid I <x CJevrf C CW J:12 Moved _ Unknown~ No Answer - Vacant fJVl.)Y1d fo. 'I Pjers, 5 NcJ~ 1" Attempt: I I Time: 2nd Attempt:U I I Time: 5if.. '5, dJ((l5~ PA 17/02 9~ /" '-. ( .19 day of (jcf 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 9D o S r-~,;) c:~:') C::';':} ,;'-'.... :;?: CJ ...,;:: I -J o --1'1 --::I :3.... -r1 (11=,' -'1 Ie' <JC,; '_:J~:~\ :;!;; 5~; ::<. ~: - - p..) (j) I , '... DEFENDANT(S) AFFIDAVIT OF Sl!:kVICE WELLS FARGO BANK, N.A. ROBBIE D. LUZIER DEE A. LUZIER SERVE ROBBIE D. LUZIER AT 804 EAST SIMPSON STREET MECHANICSBURG, fA 17055 CUMBERLAND COUNTY PMB PLAINTIFF No. 05-4131 CIVIL 1'E:RM ACCT. #0188575823 Type of Action - Notice of SheriR's Sale Sala Date: MARCH 8, 1006 8ERV1:D Se...edandmadeknGwnlo i!OtrJIJle O. LUZIer .DefeDdaut,ontbc 2) day or l\Joy.zooS at t./.5d.o'c!OCkf!.m.,lt BOt.! €. '611nf~ Sr, ~CrZ1r'5iniJ ,CollllIlllnwealth ofPellll5ylvama. in \he 11lallDtir desaibed below: ~Defeudan1 penonaIly served. Adult ~mily member wilb wbomDelendall1(s) rcside(s). Name and Relationship is Adult ill cbug. of Defeuclanl(s)'. residence who refused to give......, 01' .elalionship, Manage./Clerk of place of lodging in whicbDerendant(s) .eside(s). Agent 0. person in charge ofDefendanl(s)'s ofiice or usual pl_ of business. an officet of said DefendaDl(s)'s company. Other: Des;~t1ln: Age313 Heigbt5:l1 /'WeightW RAce~SexJ11 Other I, 'I.aftl ~ ab..rhxn , a competent adult, bems duly sworn according to law, depose and state tlIat I personally handed a true and con-ect copy ollbe Notice ofSberiff's Sale in the DlaIIIIer as set forth herein, issued in \he captioned case ODthe dalo and.t the address indicated above. ~, '" . 2oo~.t o'clock ___m.., Dd'eudallt NOT FOUN]) because: _ Vacanl _ Moved _ UnIcnown _ No Answer l,t Attempt: 3rd Attempt: ( ( Time: 1"4 Attempt: ( I Time: I I Time: Swom to and sub,oribed befo.e me this _ day of . 200 _' Notaly: By. Attornev lor PlalntJlJ )>aoiel G. Sthmleg, Esquire -I.D. No. 6n05 ~ ,'.1~ B91LE 3!)\1d S30IMJ3S ~IW\1;1 B9l8LPL6B9 99:1B 9B0l/90/lB -~ T (J C-- I"'.,) ("~ C.::) ~n ,,,", ~Tl =--::-J ::~Jl :'.:' "" -n Lv --l ~' 1 --~-- .. . . AFJi1D.A VIT OF SERVICl;; CUMBERLAND COUNTY PLAINTIFF - WELLS FARGO BANK, N.A. ROBBIE D, LUZIER DEE A. LUZIER PMB No. 05-4231 CIVIL TERM DEFENDANT(S) ACCT. #0188575823 SERVE DEE A. LUZIER AT 1703 ENGUSB DRIVE MECHANICSBURG, PA 17055 Type of Action -NotlceorSherHrsSare Sale Date: MARCH 8, 2006 SERVED SorvcdilDdlllldelaloWDIoOee A. LlJZi<~( .Defeudanl.onthe B day of NeAl ,Z05.01 ?):25.0'cloct-Pm,a, /703 cnJ 115h Or; fYLeehdm CS~' , CommonweaIlh of PellJlSylVllDia, in the DIlDIlCt described below: / Del'endanl personally se<ved. Adull family membet with whom Defcndant(s) residc(.). Name and ReloliollShip is Adull in charge ofDefeudam(s)'s residence who refused 10 give name or relatiouBhip. ManagerlClerk of place ofloclgiJli in wbich Defeadanl(s) rcside(s}. Agenl or pClSOll in cbarge of Defelldanl(s)'s otl'ice or USWll place of business. an ollic,", of saiel Defendanl(s)'s company. Otbor: . 35 iL'/lit /s:::l./'I - DC'iIlctj~Or: Age _ Height ..:J....:J Weighl.1J.LY Race JtJL Sex L Other I, ~J/J.f/l ~ohP IkrYla cODlp01CIl1 aduI~ being duly sworn accordiDg 10 law, depose and slate that r personally handed a lnle andc:orreet<lOpY of the Noliee ofShf:riff's Sale in lbo maIlIIllI" S$ set forth hereill, issued in the captiOllcd case on the date and at the address indicated above. - 00.5;; ~ BY:~ -RoIoJA-b&J PLEASE ATTEMPT SEllVICE AT LEAST 3 TlMllS. INDICATE DATES It TIM};S OF SERVICE Notaf)' Public ATTEMPTJ;:D, Slate 01 New Jersey PATRICIAE HARRI;6 2008 NOTSER~D Comm"lsSlon tX?\fes June , On the day of , 200~ al o'clock _.lD., Defeodallt NOT FOUND becallSe: _ Moved _ Unknown _ No ADs_ _ Vacant I" Attempt: / / Time: 2nd Attempt: f f Time: 3rd Attempt: f / Time: Sworn to and subsoribed before Il1b this _ &y of .200_" NQlary: By: tl........~ for Plall.UlI Daniel G. Bclllnieg, Esquire 1.D. No. li12t1S \~ l7 BS/EE 39\1d S3~I^~3S ~~lIW~d BSl8LPLGB9 9s:rB 9BBl/9B/lB r-~ ,-':-:--' ~ ,~ -~~ ." ('-.) -,,1 (~ 0;;) _._..-._--.'-'--~-" -. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Central Penn Property Serv Inc is the grantee the same having been sold to said grantee on the 8th day of March A.D., 2006, under and by virtue of a writ Execution issued on the 31st day of Oct, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 4231, at the suit of Wells Fargo Bank N A against Robbie D Luzier & Dee A is duly recorded in Deed Book No. 274, Page 261. IN TESTIMONY WHEREOF, I have hereunto set my hand 7i: and seal of said office this J f day of A)d dMC Wells Fargo Bank, N.A VS Robbie D. Luzier and Dee A. Luzier The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-4231 Civil Term Douglas Ruzanski, Deputy Sheriff, who being duly sworn according to law, states that on January 17,2006 at 8:59 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Robbie D. Luzier, by making known unto Robbie D. Luzier, personally, at 804 East Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Douglas Ruzanski, Deputy Sheriff, who being duly sworn according to law, states that on January 23, 2006 at 8:00 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Dee A. Luzier, by making known unto Dee A. Luzier, personally, at 1703 English Drive, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on January 09,2006 at 1 :42 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 Robbie D. Luzier and Dee A. Luzier, located at 1004 East Coover Street, Mechanicsburg, 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: Robbie D. Luzier, by regular mail to his last known address of 804 East Simpson Street, Mechanicsburg, P A 17055. This letter was mailed under the date of January 24, 2006 and never retumed to the Sheriffs 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: Dee A. Luzier, by regular mail to her last known address of 1703 English Drive, Mechanicsburg, PA 17055. This letter was mailed under the date of January 24, 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 March 08, 2006 at 10:00 o'clock A.M. He sold the same for the sum of$117,300.00 to Ann Gatchell for Central Penn Property Services Inc. It being the highest bid and best price received for the same, Central Penn Property Services Inc. of 100 S. 7th Street, Akron, PA 17501, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $122,203.20. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Postage Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed $30.00 2,346.00 15.00 15.00 30.00 10.00 .50 1.00 27.28 1.95 15.00 30.00 1.17 461.00 348.80 21.05 25.00 39.50 $3,418.25 Sworn and subscribed to before me This ~ day of~ 2006,A.D, k/J'~7 rothon So Answers: ?'"~~tP'~ R. Thomas Kline, Sheriff BYVO~J~ Real Estate ergeant ~J.p.-I- 3D .UO pf) Ck.-S37/;J..J ~ /711!J-{, .' WELLS FARGO BANK, N.A. CUMBERLAND COUNTY Plaintiff. COURT OF COMMON PLEAS v. ROBBlE D. LUZIER DEE A. LUZIER CIVIL DIVISION NO. 05-4231 CIVlL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) WELLS FARGO BANK. N.A., Plaintiff in the above action, by its attorney. DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,1004 EAST COOVER STREET, MECHANICSBURG. PA 17055. 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ROBBIE D. LUZIER 804 EAST SIMPSON STREET MECHANICSBURG. PA 17055 DEE A. LUZIER 1703 ENGLISH DRIVE MECHANICSBURG. PA 17055 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) PNC BANK, NATIONAL ASSOCIATION 2730 LIBERTY AVENUE PITTSBURGH, PA 15222 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 EAST COOVER STREET MECHANlCSBURG, PA 17055 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 ofI8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. October 24. 2005 DATE Y-wvu:J Jj ~~ DANIEL G. SCHMffiG, ES Attorney for Plaintiff .. . 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 Michael Morrow, being duly sworn according to law, deposes and says: That he is the 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 Sundayl Metro editions which appeared in the 24th and 31st day(s) of January and the 7th day(s) of February 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#2 . CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 . . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L,1784 ST ATE 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: January 20,27, February 3, 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 aforcsai cI notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWO AND SUBSCRIBED before me this 3 day of February, 2006 ~~,-___~,:.f~~~~~./ , ;~t4l ,\i f)'N:i~ ,,~; FI:~;': ~ II&AL DTATII IIAL& 110. :I WrJt Number 2005.4231 Ctvil Wells Fargo Bank. N.A. vs. Robbie D. Luzier and Dee A Luzier Ally.: DanJel Schmieg DESCRlPTION ALL THAT CERTAIN lot or par- cel of land sItuate In the Borough of MecbanIc8burg. County of Cumber- land and Commonwealth of Penn- ayMonIa. more parUcuIarly bounded and descrJbed as follows. to wit: BEGINNING at a point on the southern line of Coover Street as shown on the heretnafter mentioned Plan of Lots, at the northeastern comer of Lot No. 72 on said plan; thence by the southern line of Coover Street. North 66 degrees 43 minutes East. 80 feet to a point; thence by the dtvldlng lIne between Lots Nos. 70 and 71 on said Plan. South 22 degrees 47 mInutes East. 141.4 feet to a poInt; thence by the dtvldIng lIne between Lots Nos. 71 and 75 on said Plan. South 66 de- grees 43 minutes West. 80 feet to a point; thence by the dividIng line between Lots Nos. 71 and 73 and by the dtvldIng line between Lots 71 and 72. North 22 degrees 47 mInutes West. 141.4 feet to a point. the place of BEGINNING. BEING Lot No. 71 on Plan of Lots known as "Orchard-Crest", Remain- der of Section "B", which plan is of record In the Cumberland County Recorder's Office in Plan Book II, page 32. HAVING THEREON ERECI'ED a dwelling known and numbered as 1004 E. Coover Street, Mechanics- burg, Pennsylvania. UNDER AND SUBJECT to all easements. restrictions. reserva- tions. conditions and rights-of-way of record. BEING THE SAME PREMISES which Mark T. Walthour, a sJngle man. by deed dated and recorded May 29, 1991 in Cumberland Counly Record Book D-35. page 226 granted and conveyed unto David W. Z1mmennan. one of the Grant- ors herein. BeIng Parcel _ 17 -23-0561-0e6. RECORD OWNER TITLE TO SAID PREMISES IS VES'l1!:D IN RDbbJe D. Luzier and Dee A. LuzJer. husband and wife. by Deed from David W. Zimmerman and Cheryl A. Zimmerman, husband and wife. dated 10-11-96. recorded 10-14-96, in Deed Book 147, page 506. PREMISES BEING: 1004 EAST COOVER STREET. MECHANICS- BURG. PA 17055. -- -,'-~-'---"----~-"-"----'-"-'---" ..- WRIT OF EXECUTION am~/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4231 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., Plaintiff (s) From ROBBIE D. LUZIER AND DEE A. LUZIER (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify hirnlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $113,041.53 L.L. $.50 Interest FROM 10/24/05 TO 318/06 (PER DIEM - $18.58) - $2,508.30 AND COSTS Atty's Corum % Due Prothy $1.00 Atty Paid $260.80 Other Costs Plaintiff Paid (Seal) Date: OCTOBER 31,2005 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 ill No. 62205 (-) Real Estate Sale # 02 On November 7, 2005 the Sherifflevied upon the defendant's interest in the real property situated in Borough of Mechanicsburg, Cumberland County, PA Known and numbered as 1004 East Coover Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. . , . \ , " ~, .. .=,;....... - . . ~ll1 '" /.,,~:.,...'. Date: November 7, 200~ By: cJ(J~ (jmJ:1L Real Estate Sergeant ZS :Ii '\j (;- film SGDl ! I' ;:.'.::l ...." . (!!5 ~ <ii:J &ViI DESCRIPTION ALL THAT CERTAIN lot or parcel ofland situate in the Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of Coover Street as shown on the hereinafter mentioned Plan of Lots, at the northeastern comer of Lot No. 72 on said plan; thence by the southern line of Coover Street, North 66 degrees 43 minutes East, 80 feet to a point; thence by the dividing line between Lots Nos. 70 and 71 on said Plan, South 22 degrees 47 minutes East, 141.4 feet to a point; thence by the dividing line between Lots Nos. 71 and 75 on said Plan. South 66 degrees 43 minutes West, 80 feet to a point; thence by the dividing line between Lots Nos. 71 and 73 and by the dividing line between Lots 71 and 72, North 22 degrees 47 minutes West, 141.4 feet to a point, the place of BEGINNING. BEING Lot No. 71 on Plan of Lots known as "Orchard-Crest", Remainder of Section "B", which plan is of record in the Cumberland County Recorder's Office in Plan Book 11, page 32. HAVING THEREON ERECTED a dwelling known and numbered as 1004 E. Coover Street, Mechanicsburg, Pennsylvania. UNDER AND SUBJECT to all easements, restrictions, reservations, conditions and rights-of-way of record. BEING THE SAME PREMISES which Mark T. Walthour, a single man, by deed dated and recorded May 29,1991 in Cumberland County Record Book D-35, page 226 granted and conveyed unto David W. Zimmerman, one of the Grantors herein. Being Parcel # 17-23-0561-066 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Robbie D. Luzier and Dee A. Luzier, husband and wife, by Deed from David W. Zimmerman and Cheryl A. Zimmerman, husband and wife, dated 10-11-96, recorded 10-14-96, in Deed Book 147, page 506. PREMISES BEING: 1004 EAST COOVER STREET, MECHANICSBURG, P A 17055 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 fmd 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 reoresentative of the olaintiff 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, PA 17013 (717) 249-3166 (800) 990-9108 . WELLS FARGO BANK, N.A. Plaintiff, CUMBERLAND COUNTY v. No. 05-4231 CIVIL TERM ROBBIE D. LUZIER DEE A. LUZIER Defendant(s). October 24, 2005 TO: ROBBIE D. LUZIER 804 EAST SIMPSON STREET MECHANICSBURG, P A 17055 DEE A. LUZIER 1703 ENGLISH DRIVE MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR AITEMPTING 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 AITEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at . 1004 EAST COOVER STREET. MECHANICSBURG. P A 17055. 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, P A 17013, to enforce the court judgment of $113.041.53 obtained by WELLS FARGO BANK. N.A. (the mortgagee) against you. In the evellt 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: L The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, 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. , SCHEDULE OF DISTRIBUTION SALE NO. 02 Date Filed: April 07, 2006 Writ No. 2005-4231 Civil Term Wells Fargo Bank, N.A. VS Robbie D. Luzier and Dee A. Luzier 1004 East Coover Street Mechanicsburg, P A 17055 Sale Date: Buyer: Bid Price: March 08, 2006 Ann Gatchell for Central Penn Property Services, Inc. $117,300.00 Real Debt: Interest: Attorney Costs: $113,041.53 2,508.30 260.80 Total: $115,810.63 DISTRIBUTION: Receipts: Cash on account (11/07/2005): Cash on account (03/08/2006): Cash on account (03/23/2006): $ 1,500.00 11,730.00 110,473.20 Total Receipts: $123,703.20 Disbursements: Sheriffs Costs Legal Search State Transfer Tax Local Transfer Tax Barry Heckard, Tax Collector Mechanicsburg Borough Attorney Daniel Schmieg Wells Fargo Bank, N.A. $ 3,418.25 200.00 1,178.60 1,178.60 532.12 334.14 1,500.00 115,361.49 Balance for distribution: ($123,703.20) 0.00 Total Disbursements: So Answers: r~,.~t:f/~ R. Thomas Kline Sheriff , TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITI'ING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO.2 Held Wednesday, March 8, 2006 Date: March 8, 2006 TAXES: Receipts for all taxes for the years 2004 to 2005 inclusive. Taxes for the current year 2006. WATER RENT: sewer. SEWER RENT Company assumes no liability for private supply of water or 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 David W. Zimmerman and Cheryl A. Zimmerman, his wife, by deed dated October 11. 1996, and recorded October 14, 1996 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle Pennsylvania, in Deed Book 147, Page 506. granted and conveyed to Robbie D. Luzier and Dee A. Luzier, 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 roadbed of Coover Street. , 6. Building conditions, easements and use restrictions shown on or set forth on the Plan for Orchard Crest, Section "B" recorded in Plan Book 11, Page 32. 7. Mortgage in the amount of $108,850.00 given by Robbie D. Luzier and Dee A. Luzier to Columbia National, Inc., dated July 31, 2003 and recorded August 15,2003 in Mortgage Book 1829 Page 4886. Said mortgage was assigned to Wells Fargo Bank, N.A. by instrument recorded June 10,2004 in Miscellaneous Record Book 708, Page 4632. Said mortgage was further assigned to Wells Fargo Home Mortgage Inc., by instrument recorded December 22, 2003 in Miscellaneous Record Book 704, Page 4593. Complaint in mortgage foreclosure filed by Wells Fargo Bank, N.A., as Plaintiff against Robbie D. Luzier and Dee A. Luzier, as Defendants in the Office of the Prothonotary of Cumberland County on August 18,2005 to File No. 05-4231. Judgment in the amount of $113,041.53 entered October 31, 2005. 8. Mortgage in the amount of $42,164.00 given by Robbie D. Luzier and Dee A. Luzier to PNC Bank, N.A. dated January 9, 2004 and recorded January 22, 2004 in Mortgage Book 1851, Page 4363. 9. Building and use restrictions applying to the remainder of Section "B" of Orchard Crest as recorded with Plan Book I 1, Page 32. 10. Rights granted to Pennsylvania Power and Light Company by instrument recorded July 24, 1958 in Miscellaneous Record Book 136, Page 165. 11. Rights granted to Pennsylvania Power and Light Company by instrument recorded July 21, 1960 in Miscellaneous Record Book 152, Page 69. 12. Amendment of restrictions recorded March 8, 1%1 in Miscellaneous Record Book 153, Page 932. 13. Building and use restrictions contained in Deed dated December 27, 1955 and recorded in Deed Book "X," Volume 16, Page 106. As amended by Amendment recorded in Miscellaneous Record Book 153, Page 932. 14. Rights granted to Pennsylvania Power and Light Company by instrument recorded April 26, 1963 in Miscellaneous Record Book 162, Page 691. 15. Rights granted to Pennsylvania Power and Light Company by instrument recorded in Miscellaneous Record Book 63, Page 31. .. 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 July I, 2006, 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 BiIl1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. Robert G. Frey, Agent Note: This Title Report shall n be alid or binding until countersigned by an authoriz signatory. " r RE:AL ESTATESALENO.u~ ~ :1~mbe~~-~?:IAGl' vv I( FCU5U I. ..,. . VB. Robbie D. Luzier and Dee A. Luzier Atty.: Daniel Schmieg DESCRIPTION ALL 11iAT CERTAIN lot or par- cel of land sUuate In the Borough of Mechantcsburg. County of Cumber- land and Commonwealth of Penn- sylvania, more particularly bounded and described as follows. to wtt: BEGINNING at a point on the southern line of Coover Street as shown on the hereinafter mentioned Plan of Lots, at the northeastern comer of Lot No. 72 on said plan; thence by the southern line of Coover Street. North 66 degrees 43 minutes East, 80 feet to a point: thence by the dividing line between Lots Nos. 70 and 71 on said Plan. South 22 degrees 47 minutes East. 141.4 feet to a point; thence by the dividing line between Lots Nos. 71 and 75 on said Plan. South 66 de- grees 43 minutes West. 80 feet to a point; thence by the dividing line between Lots Nos. 71 and 73 and by the dividing line between Lots 71 and 72, North 22' degrees 47 minutes West, 141.4 feet to a point, the place of BEGINNING. BEING Lot No. 71 on Plan of Lots known as "Orchard-Crest", Remain- der of Section "B". which plan is of ' record in the Cumberiand County Recorder's Office In Plan Book 11, page 32. HAVING THEREON ERECTED a dwelUng known and numbered as 1004 E. Coover Street, Mechanlcs- burg, Pennsylvania. UNDER AND SUBJECT to all easements. restrictions. reserva- tions, conditions and rights-of-way of record. BEtNG THE SAME PREMISES which Mark T. Walthour, a single man, by deed dated and recorded May 29. 1991 in Cumberland Coun- ty Record Book D-35, page 226 granted and conveyed unto David W. Zimmerman, one of the Grant- ors herein. Being Parcet # 17-23.0561-066. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Robbie D. Luzier and Dee A. Luzier. husband and wife. by Deed from DavJd W. Zimmerman and Chery) A. Zimmerman, husband and wife, dated 10-11-96, recorded 10-14.96, In Deed Book 147, page 506. PREMISES BEING: 1004 EAST COOVER STREET, MECHANICS- BURG, PA 17055.