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Home My WebLink About05-4834 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, SIBIM TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM CiQ;( Y02--'! v. NO. O~ -4/31 CUMBERLAND COUNTY JOHN NATALE NKJ A JOHN A. NATALE, JR. 404 NORTH 2ND STREET WORMLEYSBURG, PA 17043 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages. you must take action within twenty (20) days after this complaint and notice are served, by cllkrillg a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 Fik #: 110429 File #: 110429 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. I. Plaintiff is WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: JotINNATALE NK/ A JOHN A NATALE, JR. 404 NORTH 2ND STREET WORMLEYSBURG, PA 17043 who is/are the mortgagor( s) and real owner( s) of the property hereinafter described. 3 On 09/20/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1779, Page: 4130. 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 02/01/2005 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. Fik #: t 10424 6. The following amounts are due on the mortgage: Principal Balance Interest 01/01/200S through 09/]S/2005 (Per Diem $13.35) Attorney's Fees Cumulative Late Charges 09/25/2002 to 09/15/2005 Cost of Suit and Title Search Subtotal $74,938.79 3,444.30 1,2S0.00 28.11 $ 550.00 $ 80,211.20 Escrow Credit Deficit Subtotal TOTAL - 483.74 0.00 $- 483.74 $ 79,727.46 7 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice oflntention to Foreclose as set forth in Act 6 of I 974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date( s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 79,727.46, together with interest from 09/1S/2005 at the rate of$13.35 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By il:n~ HLal ~ LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File "It' Il{)42'> LEGAL DESCRIPTION ALL 1'HA't CERDJ.N PIECE OR PARCEL 01' LAND SI'ftIA1'i: IN THE BORQ(IGH OF W01UU.E.YSBURG t ~RLANO COUNTY. PENNsYLVANIA, BOt1NDED AND DESCRIBED AS FOLLOWS; 7AA.CT NO. 1 BEGINNING AT A POINT ON THE WZ8nRN LINE OF SECOND S'fUE'l ON THE NORTHERN LINE OF LOT. NO. 131 ON THE HERE:INA!"r'ER. MBN',UONED P!.Nl OF LOTS; 'rHENCE IN A NORi"HERLY DlREC"!'ION Jl.LONG THE WESTERN LINE OF SECOND STREET 25 FEET. MORE OR LESS. TO A_POl1ft' ON THE LntE RUNNING THROUGH THE CEN"tER. OS' '1HZ PAR'nTION' WALL OF 2HE DOUBLE BRICI< DWELLING HOUSE Z'UCt'ED IN PAR!' UPON THE LOT- RElUl:lN COOVEYED. 'rHENC:Z IN A WlSftRLY Dlue'uON ALONG SAID LAST MEN"rlONED LINE, 150 BEET. K>RE OR 1.I:SS. TO 'l'HE EAST&9N LINE. OF MILL ALLEY. rHENCB. IN A SOUTHERLY DIREC'l'ION ALONG THE BAB'tERN LXNE OF HI:LL A.I...LEY, 25 FEET. MORE OR. LESS, ~ A POINT ON THE: NOR'nIERN LINE OF LO% NO. In ON SAID PLAN; 'f'HENCI: IN AN EAST&RLY DIR2CTION ALONG SAID LAST MEN'trONED "LINE, 150 nET '00 '.fKE PLIlCE OF BEGINNDfG. BEING A LOT OF LAND AS BRONt! QN 1?u.N JiOi. 3 OF "EOGEWA'l'BR" r SAn> PI.1\N BEING RECORDED IN ~ CuMBERLAND ..cotJNn' RECORDER' S OFFICB IN DEED BOOK I, PM&: 71. HAVING 'tHEREON BRE'CTEO !'HE SOUTHlmN lU\LF OF A DOUBLE TWO S'OORY BRICK DWELLING HOUSE KNOWN AND NUMBERED AS 404 N. SECOND STlU:Et', WORMLEYSBURG I PENNSYLV1\N.IA 17043. BEntG THE MME PROPERTY CONVEYED '1'0 ,JOHN NA'tALB BY DEED n.<:M JACK R. BOHMMf AND JACQU&LDS ~, HtS WIFE RECOlmEn 09/29/1999 IN DEED BOOK 20e PAGE. 623, IN THE OFFICE OF THE RECORDER OF DEEDS OF CUHB&RLAND COUNTY, PIlNNSYLVANXA. ~ ID' 41-19-1588-064 PROPERTY BEING: 404 NORTH 2ND STREET VERIFICATION FRANCIS S. HALLINAN, ESQUlRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsifications to authorities. ~ $:' l~fL rands S. Hallman, Esqw.re . Attorney for Plaintiff DATE:~\ \S \CJS . _ /-. c,,, ':-;_"';' -:':~-f-: .:---,.-_,_:.~_:"..,_:.", :,"-~ ~.: -.~ ~ ;.; ~.;.~.: ~_::; :;' : : ~ ~,' .._; ; C' x . _ _. '-""'.-.".'-'.., (0 -l4 r;- ~ ~ lJ(, ~ ~ " ..t:: U1 a ~ q. CYJ G.:" ""C c::. .." '~fl d -::) U'\ -:~.... ~f) -':J1':~ l::6 ..t: ~ r'I"lC\ -<:lIS ?=- :{'-'/:' -- ~T~ --.() .z. -- C1' t")C) - t: <:2~\' "r' r ~\. -'0 ,.' --'.' ,:,?r~~ :E;.C' ,.. (5'" r .r,,"() 'P c: '1? "" ....~ "'7 :;:- ~ ~ -4 -- - ---- -- . PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-4834 CIVIL TERM JOHN NATALE A/KiA JOHN A. NATALE, JR 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 NATALE AlKJ A JOHN A. NATALE. JR , 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 9/16/06 to 2/1/06 TOTAL $79,727.46 $1,855.65 $81,583.11 I hereby certifY that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ,--, DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE:}S:'L.~ J ;;l.OOb I 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., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (? 11) 11\1-7000 WELLS FARGO BANK, N.A., S/BIM TO WELLS : COURT OF COMMON PLEAS FARGO HOME MORTGAGE INC. Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY JOHN NATALE AIKIA JOHN A. NATALE, JR. Defendants : NO. 05-4834 CIVIL TERM TO: JOHN NATALE A/KJA JOHN A. NATALE,JR. 404 NORTH 2ND STREET ^ nv WORMLEYSBURG, PA 17043 f\lE ~Ur 1 DATE OF NOTICE: .JANlIARY 12 2006 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 DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT 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 LA WYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THA T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOClA nON 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 WELLS FARGO BANK, N.A., S/BIM TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-4834 CIVIL TERM JOHN NATALE AIK/A JOHN A. NATALE, JR 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 JOHN NATALE A/K! A JOHN A. NATALE, JR is over 18 years of age and resides at, 404 NORTH 2ND STREET, WORMLEYSBURG, PA 17043. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~-- c p (J -{,c,. (') ...., (''" c-.. 0 ~ -0 '..::;'l ~ c...... -n ~ ,:1 -., -1 \) c-el -r V-1 f'i'ipJ r -- .1:: () I -,1rn ~ -i"] 0 tv ~ ~ ':~~2~ ::r.>" ;,~;? ~~~J ~ b :x:: ~ (::;> ;"-c;rn llS - ~~j ~ {) ~ C'> ~ :~l.7 U1 -( r ---~- . (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-4834 CIVIL TERM JOHN NATALE AlK/A JOHN A. NATALE, JR Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on )'~ b , 200,,"- By: / 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. ,. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLV ANIA) COU"<TY or CUMBERLAND) NO 05-4834 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff (s) From .JOHN NATALE AlK/A JOHN A. NATALE, JR. ( I) Y 00 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 GAR"<ISIIEE(S) as follows: and to nolify the garnishee(s) that: (a) an attachment has been issned; (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 npon an subject to attachment is fonnd in the possession nf anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee nnd is enjoined as above stated. Amount DlleS81 ,583.11 L. L. $.50 Interest FROM 2/1/06 TO 6/7/06 (PER DIEM - $13.41) - $1,689.66 AND COSTS Atty's Comm % Due Prothy $1.00 Other Costs Atty Palel $122.80 Plaintiff Paid Date: FEBRUARY 1, 2006 (Seal) Prothonotary .~ By: Deputy REQUEST[NG PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PH[LADELPHIA, I'A 19103-1814 Attorney lelr: PLAINTIFF Telephone: 2 [5-563-7000 Supreme Court TD No. 62205 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) p.R.e.p.3180-3183 WELLS FARGO BANK, N.A., S/BIM TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, v. No. 05-4834 CIVIL TERM JOHN NATALE AlK/A JOHN A. NATALE, JR Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $81,583.11 Interest from 2/1106 to JUNE 7, 2006 (per diem -$13.41 ) $1,689.66 and Costs TOTAL $83,272.77 ~-- ~ -- 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. '" ~ <:> r- - -< ~ 15 ~ ~ ~ '" >- 10;1 ...l ~ ~ ...~ 0 u ... z ~ o~ oz r-S 0 :;1 .... "'~ "","" "'" / . -<...l EIo;1 ~ ~ ."j 10;1>- ~~ u OJ ...l", z ~'E t j:l..Z "''' Zz < 10;1 ::s '" 010;1 .,f~ '" OJ z .....Sl .D ~j:l.. '0 = o ... ~ ~ . Z~ .. = 0 "'" .. S o~ ~10;1 en ... ~~ ~ '" UZ ~~ > -< ~ ~ !J ...~ ::2 0 ~ 00 ~o ~~ z 0= '< p. "",U Ot: ~ OJ ~8 <:> .... ~~ 10;1 ... 0 ~ '" ...l 10;16 .<:: ;;J~ ~ ...~ -< ~ 8~ ~ .... en U en "'''' '" 10;110;1 ...l'" Z ~ -d ~ =~ ...l...l '" Z - .~ ""'~ 1o;1...l = j:l.. ~ ~;;J ~10;1 0 U ~ ... 1 .;1 + 'J 3 w 4 ~ ~. . - --.9 >- '-.0 Qf-!l - - - 0:: (0 - ~ ~.; S2 ~ 'i;; ~ u.~~~ .c - .. " ~ ~ .....{ <:) ?i :i: - -.I. l.J_ .., .c: ~ ~ 1...;_._:.... , I (Y-. ~ , \..^ , a .-,"l I <J 0 () () () () we:.:: ~ -.J c::l () a '-? G:~~,J w ~ 0 14 c., F=: u.. ~ ~ 1 tL ~ V) C 0- f) Ii ...... ~ 0 r::> ~ ~ ~ :::L .--:;;J ~ '" -... d ~. -.J Jj ()L ALL THAT CER%AXN PIECE OR PARCEL OF LAND SITtIAn: IN THE. BOROUGH OF 1ft'JRMLEYSBtmG, CQMBERLANo COON'rY, PENNSYL~, BOONDED AND DESCRIBED AS roLLON'S; TRAC'I' NO. 1 BEGINNING AT A POIN'l' ON '1'IDi: WES'lERN LINE OF SECOND STREE'l' ON THE NQR.'1'HERN LINK or LOT 'NO. 131 ON THE HEREINAFTER HEN'rIONED PLAN OF uns; TIIENCE IN A NQR'.rKERLY DIRECTION ALONG THE WESBRN LINE OF SECOND STREET 25 FEET, M:>RE OR LESS. TO A POINT ON 'rIlE LINE RUNNING THROUGH THE CEN'!'ER or '1'81: PAR'lIT'ION WALL OF 'rUB: DOUBLE BRICK DWELLING HOUSE ERECTED IN PART UPON rHE LOT HEREIN CONVEYED. 'l'HENCE IN A WES!l'ERLY DIRECTION ALONG SAID LAST MENTIONED LINE, 150 FEET, NJRE OR LESS ~ TO THE EASTERN LINE OF HILL ALLEY, THENCB XN A ~HERLY DIRECTION ALONG '1'BB EAS'l'ERN LINE OF MILL ALLEY, 25 FEET, NJRE OR LESS, '1'0 A POINT' ON '!rIlE NOR'f'HERN LINE OF LO'1' NO. 131 ON SAID PUtN'; THENCB IN AN EAST.ERLY DIRBC'l'ION ALONG SAID LAST HEN'J:'IONED LDlE, 150 FEE'r 'l'O THE PLN2 OF BEGINNING. BEING A LOT OF LAND AS 8HOWN~~~ 3 OF "EDGEWATER" I SAID PLAN BEING RECORDED m THE.d:JMBElU.J\ND RECORDER' S OFFICE IN DEED BOOK 1, PAGE 71. HAVING THEREON EREC'l'ED filE SOUTHERN HALF OF A DOUBLE TWO STORY BRICK DWELLING HOOSE lCNOWN AND NUMBERED AS 404 N. SECOND STREE'l, WOflHL&YSBURG, PBNNSYLVANXA 17043. BEING THE SAME PROPERTY CONVEYED TO JOHN NA'l"ALE BY DEED FRCtof JACK R. BOWMMI AND JACQUELINE BOHMAN, HIS WIFE RECORDED 09/29/1999 IN DEED BOOK 208 PAGE 623, IN THE OFFICE OF 'lIfE RECORDER OF DEEDS OF CUMBERL10ND COUNTY, PENNSYLVANIA. ~ lOt 41-19-1588-064 Premises: 404 North 2nd Street, Wormleysburg, PA 17043 , WELLS FARGO BANK, N.A., SIB/M TO WELLS ., FARGO HOME MORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION JOHN NATALE AfK/A JOHN A. NATALE, JR NO. 05-4834 CIVIL TERM Defendant(s). APFlDA VII PURSUANT TO RULE 3129 (Affidavit No. I) WELLS FARGO BANK. N.A.. S/B/M TO WELLS FARGO HOME MORTGAGE, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .404 NORTH 2ND STREET, WORMLEYSBURG, PA 17043. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOHN NATALE A/K/A JOHN A. NATALE, JR 404 NORTH 2ND STREET WORMLEYSBURG, P A 17043 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None L 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occnpant 404 NORTH 2ND STREET WORMLEYSBURG, P A 17043 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. January 30.2006 DATE !7m/~ , ESQUIR) C) ~::. .." .~~~ ...,-., rn 0:> I - / ;P' :;:i.: 9 ~ ..-\ J:-n in?, fi'" :9,'Z..J '~!:~\ '~:~~ f~ i:-:!\ df; ~ (..' (J'\ 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., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION JOHN NATALE AlK/A JOHN A. NATALE, JR NO. 05-4834 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. ---- ~, ,~.) ':~ ....,., ('"n: CD ~~ o -n ::-;l f;-;:n -C)l-D ,-,C(' ';?J~'~:" _ ..~'n ..:(o;j ,_~ri1 ^^'./ ;.:A R-'; ::,< s (...' CP r ~ WELLS FARGO BANK, N.A., S/BIM TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, CUMBERLAND COUNTY No. 05-4834 CIVIL TERM v. JOHN NATALE AIKIA JOHN A. NATALE, JR Defendant(s). January 30, 2006 TO: JOHN NATALE A/KJA JOHN A. NATALE, JR 404 NORTH 2ND STREET WORMLEYSBURG, PA 17043 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING 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, 404 NORTH 2ND STREET, WORMLEYSBURG, PA 17043, 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, PAl 7013, to enforce the court judgment of $81,583.11 obtained by WELLS FARGO BANK, N.A.. S/B/M TO WELLS FARGO HOME MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.c.p., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 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. " f 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 ifthe bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out 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 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 mav 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 A VENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17GB (717) 249-3166 4- f ALL THAT CBRDt..IN PIECE OR PARCEL or LAND SU'tJA%E Df '!H& BOROUGH OF 1IORHLEYSBURG, ~ COONTr, PENMSYLVlUnA, BOUNDED AND DESCRIBED AS FOLLOWS; mACT NO. 1 BEGINNING A2 A POlN'r 9N TB& WESTERN LINE OF SECOND STREET ON THE ~ LINE OF un-NO. 131 ON THE IIEREINAE"':rE MENTIONED PLAN OF LM'S: THENcE IN A NOR'rKERLY DIREC'I'I.ON ALONG THE WES"lEItN LDQ: OF SECOND S'l'REE'l 25 FEET, l<<)IUl: OR LESS, 'fO A roDr.r ()H 'ftIE LDU: RUNNING 'l1lROUGR THE CENTER 01' 'IRK PAR7ITI(Irf WALL OF file DOtIBLE BRICK DNELLING HOUSE EREaED IN PART tJlQf 'lHB LOT HEREIN CQNEYED. 'lHENCE IN A WESTERLY DIRECTION .AI.CNG SAm LAST MENTIONED LINE I 150 FEET, MORE OR LESS, 'lO 'tHE EASTERN LINE OF MILL ALLEY, THENCB IN A sotJ'J."RERLY DDmC'nON ALORG %lIB EASTERN I.na: OF HILL ALLEY, 25 FEET, MORE OR LESS, TO A [l()INT ON 'DIE NOR'I'HBlUf LINE. OF LOT NO. 131 ON SAID PLAN; THENCB IN AN EASTERLY DIREC%ION .AIafG SAID LAST HEN"nONED LnfE, ISO nET t'O 'mE PLACE OF BBGmNING. BE ING A LOT OF LAND AS 8HOHN~~ 3 OF "EDGEWATER", SAID PLAN BEING RECORDED IN THE..d:JMBERLAND RECORDER' S OFFICE IN DEED BOOK 1, PAGE 71. HAVYNG THEREON ERECTED 'rRE SOU'TRERN HALF OF A DOUBLE' TNO STORY BRICK DWEI.LING ROOSE JCNONN Mm lfU.IBERED AS 404 K. SECOND STREET, ~YSBURG, PENNSYLVANIA 17043. BEING THE SAME PROPER'rY CONVEYED TO JOHN NATALE BY DEED FR(llf JACK R. BOWM1oN AND JACQUELINE BClNM1\N, RIS WIFE JU:CORDED 09/29/1999 IN DEED BOOK 209 PAGE 623, IN TIlE OFFICE OF TUB RECORDER OF DEEDS OF ~ COUNTY, PENNSYLVANIA. ~ DO' 41-19-1588-064 Premises: 404 North 2nd Street, W orrnleysburg, P A 17043 C) c '" c::') c;~, en o .,... ---I 1:;J~:n r- -':JIT1 ;:<~:' '-:CI Jf~ -'~ -,', :.< -" "1 CJ _... -""." U'." o (...) C."I ,. ,. . AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFf' WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. KIO No. 05-4834 CIVIL TERM ACCT. #0221276736 DEFENDANT(S) NATALE, JR JOHN NATALE AlKJA JOHN A. Type of Action - Notice of Sheriff's Sale SERVE JOHN NATALE AJK/A JOHN A. NATALE, JR AT 404 NORTH 2ND STREET WORMLEYSBURG, PA 17043 Sale Date: JUNE 7, 2006 SERVED Served and made known to -.J, <1"", N. h~ i L at 7:}) .0'clock,E.m.,at 'lor N, [)UD S+. , Defendant, on the Wo r,-n J-<'Ci 5 blV-S I lif-J.. ?A /70'-13 day of _ hpt"v,,,yt( , 200g , , Commonwealth of Pennsylvania, in the manner described below: Y 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. _~Man.agerjClerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. ____ an officer of said Dcfendant(s)'s company. Other: Description: Age &1lffi Height ~ Weight L2<; Race 0 Sex.-!!L..- Other ;)k )',<"" I, ,\c;;.; <;:'C""'1 t-' I); ') , a competent adult, being duly sworn according to law, depose and state that 1 personaHy 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. / / -.-~-s . III to and S~.bS ribtd ." .,..,t~; befo e ,hrs / _.. .d. ilY ~ 1&'f2~~ ) J' )0 r . b6~11.u/ BY( I c.0CN'- L.XJ-- - -- PLEASE ATTEMPT SERVICE AT LEA~ 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. \~:;t2iV ;~)-...~._;iC State or (,ew Jers2v PATRICIA E HARRiS OMn1ission Expirell~H~ to, 2008 \. NOT SERVED , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vaeant 1st Attempt: I I Time: 2nd Attempt: I / Time: 3rd Attempt: I I Time: Sworn to and subscribed before me this ~_ day of , 200 _' Notary: By: AttQrncl' for Plaintiff Daniel G. Sehmieg, Esquire - J.D. No. 62205 \ " I SALE DATE: JUNE 7,2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. No.: 05-4834 CIVIL TERM vs. JOHN NATALE AlK/A JOHN A. NATALE,JR AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.c.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 404 NORTH 2ND STREET, WORMLEYSBURG, PA 17043. As required by Pa. R.C.P. 3l29.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No.2 (previously filed) and Amended Affidavit No.2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. March 7, 2006 \. (j' .' '...., - ""'- \ ~ . )1 .' X21iJ jJs'~/ff - t5ANIEL SCHMIEG; ES E Attorney for Plaintiff _) "MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION TERRENCE LEE MCBRIDE DOUGLAS T. MCBRIDE NO. 2004-05937 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,212-216 CREEK ROAD, CAMPHILL, P A 17011 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TERRENCE LEE MCBRIDE 26 ORANGE STREET MT. HOLLY SPRINGS, PA 17065 DOUGLAS T. MCBRIDE 324 SOUTH ENOLA DRIVE ENOLA, PA 17025 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) W ACHOVIA BANK 7960 ARLINGTON EXPRESSWAY, 4TH FLOOR JACKSONVILLE, FL 32211 MEMBERBS FIRST FEDERAL CREDIT UNION 5000 LOUISE DRIVE, P.O. BOX 40 MECHANICSBURG, PA 17055 WASHINGTON MUTUAL BANK FA 11200 WEST PARKLAND AVENUE MILWAUKEE, WI 53224 ~ 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained" please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address carmot 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) TenanUOccupant 212-216 CREEK ROAD CAMPHILL, PA 17011 Domestic Relations of Cumberland County 13 Nortb Hanover Stn:et Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements he:rein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. November 29, 2005 DATE <iJ~J!~~ " DANIEL G. SCHMIEG, E~UlRE Attorney for Plaintiff ~ o~ ~ b _ 0- c5 ~g <<0 .- U ~ c.~ e<: ':S 0 ... D'~~l ifJrfJ~CI'1 ~t.q- ~~~~ ~o_ - p:l , :z,..g '" .~rj)qS '7'. - ,,,,, ~" g- ...l~t,'3": tj~p... " . - u~ ,~ ~%.g1 ~p..;I--}.-o ~ t-" ::J:8<U~~ p... ..,......p... .,; ..l ..l .., ... d.\I1~ .. '" " .. " " aJar.n ....,.... z..:o on '" - r- - '" - \2 -< - ~ ~ ~ Pi :::0 ,...l ~ ~~ t-= v) ~ ~ Ii; 5 ~ ~ ~ ~ 0:: ~ ~ ~ ~ ~ '" t-< - 7; t: ~ 5 ~ 8 f;l ~ ~ c2 ~ ~ e3 :S ~ ~ ~ E 0 ~ 'S <J1 ~ .. 7;0 1M "i 0 . 0:: oS 8 ~ ; ~ ~ ~ ~ '" ~ ~ ~o ~ ~ o ~ ~ e 0 0 ;. p u <or N N '" V> ,..... ~ ~ ~ ..: ~ '$ ~ Th ~ ~ ~ p.; t; ~ ~ o o N - - ,..... - N ~ N "., '" i2 ...l :;; ,.. p.. ~ ~ ~ ~ r.n ~ ~ D .;,: "' ~ ::!. ~ _ 3 - ,.. \2 '" _ ,....". -< p., ~ 0:: ~ u ~ ~ -,t, ;J...: p.'- . ot. U 'D - "i M ,..... M <:> ... 3 ell 6 p.. oi ;> ;2 p '" OJ) S o ....l o o o "., ~ ~ if] ~ ~ ~ :z, o f-< '-' ~ i o ~ Ie- ~ U ....l ~ ~ ~ ~ e; c:o ~ b $ ;.;:: o > OJ) ~ g ~ ~ ~ ~ t-< ~ ::!. o v::> ~ t- ... ., n E " :z ., u ~ g .::i M '" - -< ,.. ~ c:o ~ ~ ~ 5 \3 ~ ..: ~ ... Of' 'D r- OQ '" '" - \1 s~ ~ ~ ~.23i '.l~\ ;:r..P- ,-;:l ~8 ~ iss~ .g~H .~!oFt j:l Cl \\~ ~ ~ ~~t. ~~"' g .-~~ ~.g ~.s ~~ i~ .; ~~'f ~ <,;> 0 0 ~es:.s '6h~~'~ e~~~ <ii ~ ~~ g .g.~ ~~\ig S~"'a~ ~ ~.~ fi at s'5h <.> Uj"", ~ l\j~8 .g S~8 ~ ",tl ~ g~ ~ " \~ b o .- v ~ I.,l 0).... .~t g::g ~ t;1'-- ;>. 0 ?!$ \a'~ Hsi:g ~a8~'" '::'8>1">",$ 0..........';:> .- g 0'0 5~ 'c '8.- eifJ e '-CJ 'S -;::1"'g "'""'.. v & 01 t: "" ~gB~C: _u"'''''Vl ~~~~g l-.;:i"''''~ ~ <J1 ~ 6 > " ~ '" '6 ~ b " .. " . ~~' ~~ ..'" '" ~ ~ '" ~. lj ge "tS e 0 s ~ n pa 7.~ ~ 3"E r-< ~;;. - - M - '" - "" ,..... Of' - .g ~ J\ ~ ~ 0", H 3.~ '2.-; 5~ o ,~ ,.... DATg: . MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. vs. TERRENCE LEE MCBRIDE DOUGLAS T. MCBRIDE TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): TERRENCE LEE MCBRIDE DOUGLAS T. MCBRIDE PROPERTY: 212-216 CREEK ROAD CAMPHILL, PA 17011 Improvements: Residential dwelling Judgment Amount: $90,648.76 CUMBERLAND COUNTY NO. 2004-05937 The above-captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on MARCH 8, 2006, at the Cumberland County Courthouse, South Hanover Street, Carlisle, P A at 10:00 a.m.. Our records indicate that you may hold a mortgage, judgment, or other interest on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. If you have any questions regarding the type oflien or the effect of the Sheriffs Sale upon your lien, we urge you to CONTACT YOUR OWN ATTORNEY, as we are not permitted to give you legal advice. The Sheriff will file a schedule of Distribution on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing ofthe schedule. ..------ Wells Fargo Bank, N.A., slblm to Wells Fargo Home Mortgage, Inc. VS John Natale aIkIa John A. Natale, Jr. In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-4834 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. Sheriff's Costs: Docketing Surcharge Prothonotary Law Library Poundage Levy Mileage 30.00 20.00 1.00 .50 1.61 15.00 14.08 $ 82.19 Sworn and subscribed to before me 2006, A.D. .,. ~?~~ R. Thomas Kline, Sheriff BY~)~t-t, Real Estat Sergeant \ .~"b (kti'3l." I ~ /77f3{ , \ .. WELLS FARGO BANK, N.A., S/BIM TO WELLS FARGO HOME MORTGAGE, INC. CUMBERLAND COUNTY . , Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION JOHN NATALE AIKIA JOHN A. NATALE, JR NO. 05-4834 CIVIL TERM Defendant(s). AFFIDA VIr PURSUANT TO RULE 3129 (Affidavit No. I) WELLS FARGO BANK. N.A.. S/B/M TO WELLS FARGO HOME MORTGAGE. INC.. Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .404 NORTH 2ND STREET. WORMLEYSBURG. PA 17043. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOHN NATALE AlKJA JOHN A. NATALE,JR 404 NORTH 2ND STREET WORMLEYSBURG, PA 17043 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 carmot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address carmot 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 carmot 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 carmot be reasonably ascertained, please indicate) Tenant/Occupant 404 NORTH 2ND STREET WORMLEYSBURG, PA 17043 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. ~Rf (J, iillllt, L G. SCHMrnG, ESQUIRE Attorney for Plaintiff . January 30. 2006 DATE 8S:1 d q- 933 QOOl \id 'AIHOUJ ON"1l:l3a~n:J .:I.:I1l:l3HS 3Hl .:10331.:1.:/0 WELLS FARGO BANK, N.A., SIB/M TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, CUMBERLAND COUNTY No. 05-4834 CIVIL TERM v. JOHN NATALE AfKIA JOHN A. NATALE, JR Defendant(s). January 30, 2006 TO: JOHN NATALE A/K!A JOHN A. NATALE, JR 404 NORTH 2ND STREET WORMLEYSBURG, PA 17043 "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 , 404 NORTH 2ND STREET, WORMLEYSBURG, PAl 7043, is scheduled to be sold at the Sheriff's 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 S81,583.II obtained by WELLS FARGO BANK. N.A" S/BIM TO WELLS FARGO HOME MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's 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. 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 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 of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 , AU. '11IM c:::&IIIUM Puce .. ~ ()I" LMtD sUUMa 1M '11I& ~ OW ~/ ~.AW'Il ~,.\ PIRIHS'ILVAlID, ~ .uID Dl.SCRIBED AS 1'OLI.OIf'S; , - 'DAC'T NO. 1 BEQJJiIRDtG U A POtlft' ~ ma WlUIDItH' LDI8 01' SBCaID BTDrf OM TO ~ LDK or t.OT'MO. 131 (If 'lB& RDZT'D.I'DR tmt'f'IORED VLAH 01' LQl'S; 'lIIDlC& 1M A~Y DZIt&C'rIOH .ALCIIG 'nI& lIS8DItIiI LINE OF 8EOCH) SfttZft 25 ~, N:IR& OR t.&SS. 2'0 A JOt1ft' (M 'ftI& LIllI IIJ;JtIMDIQ maDOQ8 !'IlK CDIDIl OV ~_ l'ARfi'UQf WALL or ftB DOOBLE IiIlICIt lJIIU.LIHC IIOUS& ER8CftD DC PAR'!' Q1tCM DB un IIDKIH CCiII'IKDD. ~ lit A _ft'DLY.DxuetttaI'~ SAm LU'I' MER'rmMID LDCB, 150 nET. MORK .. 1.1:88, '10 ~ EAft&RlII LDB OF taLL ALUIY, 'HERC& DI A ~ DnKC'l'l:ac AJ.ClC !RK IASftRR LINK or MILL AIilZr, 25 I'BT, ... OR 1&S8, m A 1'011I2 011 ~ .-AalIDN LDIZ OJ' ~ lK). 131 OM SAID PLUf; !'BDlC& III All EASBRLJ' DDI8C'rICM A1aIG SAID J.Aft ICIftIOlUD LtMK, 150 ftft 'to DB ~ 01' BBGDIItDIQ. "" ING A LO'f OF LAND 'AS 8IIOMN~0I' "EDGEWA'l'BIl", SAID PLM' BEDC RECOltDED DI ~,' RXCOBDD I S OFFtCB IN DEED BOOK 1, PAGB 71. HAVING 'fJIZItBON IRBCDD ftIB, SOURZRN. BlJd' em A DOOBU: 'J'NO S'l'ORY EIItl:ClC. IIIIELLING ROU8Z JODIK 'AND ~ AS C04 if. 8BC(H) STREE'l', wcmtm&YSBURG. PBNKULVUu. 170(3. _ING 'rIlE sum: PROPEll%!' <XmV'BYZD 'fO JOAN NM"ALE sr DEED FRCM IN::l( ll. ~ AND ~ IDIMNI, RIS un ~V' 09/29/15>>99 :IN Dam DOOIt 208 PAG& 623, IN 2IIB On"ICB OF 'rIIR 1tI~ OF DEm8 or ~"'ND CCJ(JIIft'.. ....xLVAHU.. ~ !Of .7-19-1588-064 Premises: 404 North 2nd Street, W ormleysburg, P A 17043 as:1 d q- 933 QOOl \td ')'lNOOJ ONVU.J38~nJ .:I.:lIB3HS 3Hl .:lO 3::ll.:!.:I0 , . WRIT OF EXECUT.ION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) TO THE SHERlFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., SIB/M TO WELLS NO 05-4834 Civil CIVIL ACTION - LAW FARGO HOME MORTGAGE, INC. Plaintiff (s) From JOHN NATALE AlK/A JOHN A. NATALE, JR. (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 ofthe 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$81,583.II L.L. $.50 Interest FROM 2/1106 TO 617106 (PER DIEM - $13.41) - $1,689.66 AND COSTS Atty's Comrn % Due Prothy $1.00 Atty Paid $122.80 Other Costs Plaintiff Paid Date: FEBRUARY 1, 2006 (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 33 On February 14,2006 the Sherifflevied upon the defendant's interest in the real property situated in Wonnleysburg Borough, Cumberland County, PA Known and numbered as 404 North 2nd Street, Wonnleysburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 14,2006 -JDc}tj~ Real Estate Sergeant By: LS:I d q- 9ll 'lll8l \l1JN3HHI1S03:JHGli''i -1~38Hn;} " 1 3033/.:1.:10 ~ c:::;;n} c:;:ro c::=J G:e> dQI '.