Loading...
HomeMy WebLinkAbout06-0155PHELAN 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, N.A., S/B1M TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. STANLEY M. DEIMLER JR. 308 WERTZ AVENUE MONROE, PA 17055 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 0(o - /Z el v i L'--apn CUMBERLAND COUNTY 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 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 File #'. 128379 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER. TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN ]EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #'. 129379 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: STANLEY M. DEIMLER JR. 308 WERTZ AVENUE MONROE, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 12/02/2003 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. 1847, Page: 4838. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2005 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 k: 128379 6. The following amounts are due on the mortgage: Principal Balance $125,657.41 Interest 4,266.00 08/01/2005 through 01/05/2006 (Per Diem $27.00) Attorney's Fees 1,250.00 Cumulative Late Charges 143.28 12/02/2003 to 01/05/2006 Cost of Suit and Title Search 550.00 Subtotal $ 131,866.69 Escrow Credit 0.00 Deficit 0.00 Subtotal 0.00 TOTAL $ 131,866.69 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. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 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 $ 131,866.69, together with interest from 01/05/2006 at the rate of $27.00 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 HAL -WAN & SCHMIEG, LLP By: /s/Francis S. Hallman LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #'. 129379 LEGAL DESCRIPTION ALL THAT CERTAIN tract or land situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the western line of Wertz Avenue, said point being at the dividing line between Lots Nos. 64 and 65 on the hereinafter mentioned Plan of Lots; thence along said dividing line., South 86 degrees 26 minutes 40 seconds West, one hundred and six and sixty-five hundredths (106.65) feet to a point; thence North 38 degrees 53 minutes West, ninety-nine and forty-three hundredths (99.43) feet to a point at the dividing line between Lots Nos. 65 and 66 on said Plan; thence along said dividing line, North 77 degrees 45 minutes East, one hundred fifty (150) feet to a point on the western line of Wertz Avenue; thence continuing along the line of Wertz Avenue, South 12 degrees 15 minutes East, one hundred five (105) feet to a point, the place of BEGINNING. HAVING thereon erected a one-story brick ranch-type dwelling house with attached garage, known as No. 308 Wertz Avenue, Mechanicsburg, Pennsylvania. BEING Lot No. 65 on the Amended Plan No. 1 of Trindle Spring Garden, recorded in Plan Book 10 at Page 53. BEING the same premises which Richard A. Kauffman and Elaine A. Kauffman, husband and wife by Deed dated May 24, 1996, and recorded May 28, 1996, in Book 139, Page 1095, granted and conveyed unto Charles L. Miller, Jr., in fee. File #: 128379 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel . The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attomey for Plaintiff i DATE: I ?tCL ri ( ft /? O ty1 v _ r? r [ltd 'Z ' l l l SHERIFF'S RETURN - REGULAR CASE NO: 2006-00155 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS DEIMLER STANLEY M JR DOUGLAS RUZANSKI , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DEIMLER STANLEY M the DEFENDANT , at 2122:00 HOURS, on the 17th day of January , 2006 at 308 WERTZ AVENUE MECHANICSBURG, PA 17055 by handing to STANLEY M DEIMLER JR 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 18.00 Service 8.80 Affidavit .00 Surcharge 10.00 .00 36.80 Sworn and Subscribed to before me this d day of fez) A. D. n i So Answers: R. Thomas Kline 01/18/2006 PHELAN HALL NAN By: Deputy LEG SWe#iff L? rothonotary 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., SB/M TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 V. Plaintiff, STANLEY M. DEIMLER, JR Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-155 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 STANLEY M. DEIMLER. JR, 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 1/6/06 to 2/23/06 TOTAL $131,866.69 $1,323.00 $133,189.69 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: l ?DO<o -? _ 16PROTHY PHwLAN 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, PA 19103 WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff Vs. STANLEY M. DEIMLER JR. Defendants TO: STANLEY M. DEIMLER JR. 308 WERTZ AVENUE MONROE, PA 17055 DATE OF NOTICE: FERRIIARY 7 2006 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 06-155 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN 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 Copy FILE F NCIS S. HALLINAN, SQUIRE 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 ATTORNEY FOR PLAINTIFF (215) 563-7000 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. STANLEY M. DEIMLER, JR Defendant(s). CIVIL DIVISION NO. 06-155 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 STANLEY M. DEIMLER, JR is over 18 years of age and resides at ,308 WERTZ AVENUE, MONROE, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. ?) (J -ca ? O d ,_, ..., ? ? ? ., T -? P 1 T? _?.. 3 ? .., ,, ? _c a.r s cam,, ? ?.a ,- ?,, ?_: (? ..- ? ? :__ (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION v. Plaintiff, STANLEY M. DEIMLER, JR Defendant(s). NO. 06-155 Notice is given that a Judgment in the above-captioned matter has been entered against you on ?- 2 200 (o By: J DEPUTY If you have any questions concerning this matter, please contact: I DANIEL . CH , ESQUIRE Attorney-kr Plaintiff ONE-PENN CENTER AT SUBURBAN T ION 1617 JOHN F. KENNEDY BLVD., SUIT 400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, V. No. 06-155 STANLEY M. DEIMLER, JR Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 2/23/06 to JUNE 7, 2006 (per diem -$21.89) $133,189.69 $2,276.56 and Costs TOTAL $135,466.25 Ofie Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Su 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. d o? oz wa ?? O W ? ? 06, zo a? ?o 00 ox U A ?Ot, Cry HA ~ ?? U ti w w A w Z 0 U _ W y O? it t, w? pW, U P+ S `t y .S 1 x..11 U 1 S> W) 0 c- d P. i a Y a w 0 m d N U J ??l WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-155 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 Stanley M. Deimler, Jr. (1) You are directed to levy upon the property of the defendant (s)and to sell See legal description of property . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$133,189.69 L.L.$.50 Interest from 2/23/06 to June 7, 2006 (per diem - $21.89) $2,276.56 and Costs Atty's Comm % Due Prothy $1.00 Arty Paid $118.80 Other Costs Plaintiff Paid Date: February 23, 2006 CURTIS R. LONG Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name Daniel G. Schmieg, Esq. Address: One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 TRUE COPY FROM PFD 1, a Attorney for: Plaintiff In Testimony whereof, I here unto b ,-t :, a, , Telephone: 1-800-990-9108 and the seal of said Court a?toCarlis!e, r Supreme Court ID No. This J:.. -. day of... (.T. f. v Prothonotary ALL THAT CERTAIN tract or land situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the western line of Wertz Avenue, said point being at the dividing line between Lots Nos. 64 and 65 on the hereinafter mentioned Plan of Lots; thence along said dividing line, South 86 degrees 26 minutes 40 seconds West, one hundred and six and sixty-five hundredths (106.65) feet to a point; thence North 38 degrees 53 minutes West, ninety-nine and forty-three hundredths (99.43) feet to a point at the dividing line between Lots Nos. 65 and 66 on said Plan; thence along said dividing line, North 77 degrees 45 minutes East, one hundred fifty (150) feet to a point on the western line of Wertz Avenue; thence continuing along the line of Wertz Avenue, South 12 degrees 15 minutes East, one hundred five (105) feet to a point, the place of BEGINNING. HAVING thereon erected a one-story brick ranch-type dwelling house with attached garage, known as No. 308 Wertz Avenue, Mechanicsburg, Pennsylvania. BEING Lot No. 65 on the Amended Plan No. 1 of Trindle Spring Garden, recorded in Plan Book 10 at Page 53. BEING the same premises which Richard A. Kauffman and Elaine A. Kauffman, husband and wife by Deed dated May 24, 1996, and recorded May 28, 1996, in Book 139, Page 1095, granted and conveyed unto Charles L. Miller, Jr., in fee. Being Parcel # 22-24-0783-127 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Stanley Deimler, by Deed from Charles L. Miller, Jr., dated 12-2-03, recorded 12-10-03 in Deed Book 260, page 3764. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Charles L. Miller, Jr., by Deed from Richard A. Kauffman and Elaine A. Kauffman, husband and wife, dated 5-24-96, recorded 5-28-96 in Deed Book 139, page 1095. Premises: 308 Wertz Avenue, Monroe, PA 17055 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A., SBIM TO WELLS FARGO HOME MORTGAGE, INC. V. Plaintiff, STANLEY M. DEIMLER, JR Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-155 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: Q an FHA mortgage O non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. ?) 0(_? xw" DA HMIE , l QUIRE Att 6 y for Plaintiff ;= ; _ - ,'; ??' T WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, v. STANLEY M. DEIMLER, JR Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-155 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) 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,308 WERTZ AVENUE, MONROE, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name STANLEY M. DEIMLER, JR Last Known Address (if address cannot be reasonably ascertained, please indicate) 308 WERTZ AVENUE MONROE, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name WAYPOINT BANK Last Known Address (if address cannot be reasonably ascertained, please indicate) 235 NORTH 2"o STREET P.O. BOX 1711 HARRISBURG, PA 17105 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 308 WERTZ AVENUE MONROE, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. February 22, 2006 DATE r?,.. ?, t,.; WELLS FARGO BANK, N.A., SB/M TO WELLS CUMBERLAND COUNTY FARGO HOME MORTGAGE, INC. Plaintiff, No. 06-155 V. STANLEY M. DEIMLER, JR Defendant(s). February 22, 2006 TO: STANLEY M. DEIMLER, JR 308 WERTZ AVENUE MONROE, PA 17055 "THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED 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 ONLYENFORCEMENT OFA LIEN AGAINST PROPERTY. •" Your house (real estate) at, 308 WERTZ AVENUE, MONROE, PA 17055, is scheduled to be sold at the Sheriffs Sale on JUNE 7, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $133,189.69 obtained by WELLS FARGO BANK, N.A., SB/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 MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 ALL THAT CERTAIN tract or land situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the western line of Wertz Avenue, said point being at the dividing line between Lots Nos. 64 and 65 on the hereinafter mentioned Plan of Lots; thence along said dividing line, South 86 degrees 26 minutes 40 seconds West, one hundred and six and sixty-five hundredths (106.65) feet to a point; thence North 38 degrees 53 minutes West, ninety-nine and forty-three hundredths (99.43) feet to a point at the dividing line between Lots Nos. 65 and 66 on said Plan; thence along said dividing line, North 77 degrees 45 minutes East, one hundred fifty (150) feet to a point on the western line of Wertz Avenue; thence continuing along the line of Wertz Avenue, South 12 degrees 15 minutes East, one hundred five (105) feet to a point, the place of BEGINNING. HAVING thereon erected a one-story brick ranch-type dwelling house with attached garage, known as No. 308 Wertz Avenue, Mechanicsburg, Pennsylvania. BEING Lot No. 65 on the Amended Plan No. 1 of Trindle Spring Garden, recorded in Plan Book 10 at Page 53. BEING the same premises which Richard A. Kauffman and Elaine A. Kauffman, husband and wife by Deed dated May 24, 1996, and recorded May 28, 1996, in Book 139, Page 1095, granted and conveyed unto Charles L. Miller, Jr., in fee. Being Parcel # 22-24-0783-127 TITLE TO SAID PREMISES IS VESTED IN Stanley Deimler, by Deed from Charles L. Miller, Jr., dated 12-2-03, recorded 12-10-03 in Deed Book 260, page 3764. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Charles L. Miller, Jr., by Deed from Richard A. Kauffman and Elaine A. Kauffman, husband and wife, dated 5-24-96, recorded 5-28-96 in Deed Book 139, page 1095. Premises: 308 Wertz Avenue, Monroe, PA 17055 AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. DEFENDANT(S) STANLEY M. DEIMLER, JR SERVE STANLEY M. DEIMLER, JR AT 308 WERTZ AVENUE -iclONROC, PA 17055 CUMBERLAND COUNTY KIO No. 06-155 ACCT. #0111 36682 Type of Action - Notice of Sheriff's Sale Sale Date: JANE 7, 2006 SERVED /' Served and made known to Ss 70 yi e 1 4 r -, Defend1ant on the I b ? A? day of 11!1 ti r C 6 200 at 7,'07 o'clock Im, at J 1l J e r Z > V a' Iclin Connnonweahh 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 of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business, an officer of said Dcfendant(s)'s company. Other: Description: Age4S S; Height f Sys Weight 14 L Race A Sex al Other 1, ?cl ce. -L r l 1,. s a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. r,,- EASE d MPT SER E AT 3 TIMES. INDICATE DATES & TIDIES OF SERVICE ATTEMPTED. c State 0` yetis jersey NOT SERVED PATRICIA E. HARRIS (?pAp ccinn FYnireyt}turfc 16 2003 200_, at o'clock m, Defendant NOT FOUND because: Moved _ Unknown _ No Answer 0 Attempt: Time: Vacant 2nd Attempt: / / Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 200 Notary: By: Attorney for Plaindff Daniel G. Schmleg, Esquire - I.D. No. 62205 .a ??? ..,, ??? _ -;_.?, f ? , 3 J c ,,'? "t n7 `i? r,' ..? 4- PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, V. No. 06-155 STANLEY M. DEIMLER, JR. Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 2/23/06 to DECEMBER 6, 2006 (per diem -$21.89) $133,189.69 $6,260.54 and Costs TOTAL $139,450.23 DANIEL G. SCHMIEG, ESQUIRE 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. oz z r,n d O ?w . da w U . az ?? W. W? O G4 s1 d ? w O oa O oa on ?z c70 a a?, x? as c>, f .s ,. 4-j - 1 ? V V 1 a.C{ 1 1 .4 t ;; y '_7 ?- ?? ? 1 I I 1 w N 0 r d a w a >o d N a 3 0 M v p E w a H M rz) hU J I 2?1 J° o? ? J WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-155 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff (s) From STANLEY M. DEIMLER, JR. (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $133,189.69 L.L. Interest FROM 2/23/06 TO 12/6/06 (PER DIEM - $21.89) - $6,260.54 AND COSTS Atty's Comm % Due Prothy $1.00 Any Paid $228.07 Other Costs Plaintiff Paid Date: JUNE 26, 2006 CURTIS R. LONG Prothonotary (Seal) ?v: > A421 ° P p2/ku / 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 ALL THAT CERTAIN tract or land situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the western line of Wertz Avenue, said point being at the dividing line between Lots Nos. 64 and 65 on the hereinafter mentioned Plan of Lots; thence along said dividing line, South 86 degrees 26 minutes 40 seconds West, one hundred and six and sixty-five hundredths (106.65) feet to a point; thence North 38 degrees 53 minutes West, ninety-nine and forty-three hundredths (99.43) feet to a point at the dividing line between Lots Nos. 65 and 66 on said Plan; thence along said dividing line, North 77 degrees 45 minutes East, one hundred fifty (150) feet to a point on the western line of Wertz Avenue; thence continuing along the line of Wertz Avenue, South 12 degrees 15 minutes East, one hundred five (105) feet to a point, the place of BEGINNING. HAVING thereon erected a one-story brick ranch-type dwelling house with attached garage, known as No. 308 Wertz Avenue, Mechanicsburg, Pennsylvania. BEING Lot No. 65 on the Amended Plan No. 1 of Trindle Spring Garden, recorded in Plan Book 10 at Page 53. BEING the same premises which Richard A. Kauffinan and Elaine A. Kauffman, husband and wife by Deed dated May 24, 1996, and recorded May 28, 1996, in Book 139, Page 1095, granted and conveyed unto Charles L. Miller, Jr., in fee. Being Parcel # 22-24-0783-127 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Stanley Deimler, by Deed from Charles L. Miller, Jr., dated 12-2-03, recorded 12-10-03 in Deed Book 260, page 3764. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Charles L. Miller, Jr., by Deed from Richard A. Kauffman and Elaine A. Kauffman, husband and wife, dated 5-24-96, recorded 5-28-96 in Deed Book 139, page 1095. Premises: 308 Wertz Avenue, Monroe, PA 17055 Y WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, v. STANLEY M. DEIMLER, JR. Defendant(s). WELLS FARGO BANK. N.A., SB/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,308 WERTZ AVENUE. MONROE, PA 17055. AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) STANLEY M. DEIMLER, JR. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-155 308 WERTZ AVENUE MONROE, PA 17055 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) SOVEREIGN BANK 619 ALEXANDER ROAD PRINCETON, NJ 08540 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) WAYPOINT BANK 235 NORTH 2ND STREET PO BOX 1711 HARRISBURG, PA 17105 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 308 WERTZ AVENUE MONROE, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. June 22, 2006 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff C7 N =n .r. jr' ?? ? z,-' -.. r. ; PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, V. STANLEY M. DEIMLER, JR. Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-155 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: () 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 unworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ? r _r r-a rw; I WELLS FARGO BANK, N.A., S/B/M TO CUMBERLAND COUNTY WELLS FARGO HOME MORTGAGE, INC. Plaintiff, No. 06-155 V. STANLEY M. DEIMLER, JR. Defendant(s). June 22, 2006 TO: STANLEY M. DEIMLER, JR. 308 WERTZ AVENUE MONROE, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. " Your house (real estate) at, 308 WERTZ AVENUE, MONROE, PA 17055, is scheduled to be sold at the Sheriff s Sale on DECEMBER 6, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $133,189.69 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 MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract or land situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the western line of Wertz Avenue, said point being at the dividing line between Lots Nos. 64 and 65 on the hereinafter mentioned Plan of Lots; thence along said dividing line, South 86 degrees 26 minutes 40 seconds West, one hundred and six and sixty-five hundredths (106.65) feet to a point; thence North 38 degrees 53 minutes West, ninety-nine and forty-three hundredths (99.43) feet to a point at the dividing line between Lots Nos. 65 and 66 on said Plan; thence along said dividing line, North 77 degrees 45 minutes East, one hundred fifty (150) feet to a point on the western line of Wertz Avenue; thence continuing along the line of Wertz Avenue, South 12 degrees 15 minutes East, one hundred five (105) feet to a point, the place of BEGINNING. HAVING thereon erected a one-story brick ranch-type dwelling house with attached garage, known as No. 308 Wertz Avenue, Mechanicsburg, Pennsylvania. BEING Lot No. 65 on the Amended Plan No. 1 of Trindle Spring Garden, recorded in Plan Book 10 at Page 53. BEING the same premises which Richard A. Kauffinan and Elaine A. Kauffman, husband and wife by Deed dated May 24, 1996, and recorded May 28, 1996, in Book 139, Page 1095, granted and conveyed unto Charles L. Miller, Jr., in fee. Being Parcel # 22-24-0783-127 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Stanley Deimler, by Deed from Charles L. Miller, Jr., dated 12-2-03, recorded 12-10-03 in Deed Book 260, page 3764. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Charles L. Miller, Jr., by Deed from Richard A. Kauffinan and Elaine A. Kauffman, husband and wife, dated 5-24-96, recorded 5-28-96 in Deed Book 139, page 1095. Premises: 308 Wertz Avenue, Monroe, PA 17055 ?- ?; w -„ Y _1? ?'tl rY= _? ?1 ?i?? 1. ? .•- l7 f?) J f.,l -? ('-.. i AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF WELLS FARGO BANK, N.A., S/B/M TO. WELLS FARGO HOME MORTGAGE, INC. CQS No. 06-155 DEFENDANT(S) STANLEY M. DEIMLER, JR. PNS? ta83`l`? ACCT. #0133936682' SERVE: STANLEY M. DEIMLER, JR. 308 WERTZ AVENUE Type of Action MONROE, PA 17055 - Notice of Sheriffs Sale Sale Date: DECEMBER 6, 2006 SERVED V. Served and made known to ,S'?4n t y A4. t j eNalt r /Defendant, on the Z ?6 a day of 200(q at ?-, o'clockg.m., at '305, uy er-? 7- Au t° , Commonwealth of Penns/ylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerkof place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: y745 Description: \\Age 3S k$r Height .S )Ct l l Weight _4p Race 1..J Sex / Other 1, Cw L 'A RO b Crf.S - , a competent adult, being duly sworn according to law, depose and state that I personally handed a trued 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. and fT ` __Vv 7 vt/? AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. {Notary PuNic State of New Jersey NOT SERVED PATRICIA E. hIARRIS O dhf? , 200, at o'clock _.m., Defendant NOT FOUND because: _ Moved Unknown _ No Answer Vacant 1" Attempt: Time: tad Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of ,200 Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 C. lv-? H r-? p ca .. G ° ry m Y J Ts ' r C.- Wells Fargo Bank NA s/b/m to Wells Fargo In the Court of Common Pleas of Home Mortgage, Inc. Cumberland County, Pennsylvania VS Writ No. 2006-155 Civil Term Stanley M. Deimler, Jr. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on September 20, 2006 at 9:00 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Stanley M. Deimler, Jr., by making known unto Stanley M. Deimler, Jr. personally, at 308 Wertz Ave., Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 11, 2006 at 0838 hours., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Stanley M. Deimler, Jr. located at 308 Wertz Ave., Mechanicsburg, Cumberland County, 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: Stanley M. Deimler, Jr., by regular mail to his last known address of 308 Wertz Ave., Mechanicsburg, PA 17055. This letter was mailed under the date of October 05, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instruction from Attorney Daniel Schmeig. Sheriff's Costs: Docketing 30.00 Poundage 17.67 Posting Bills 15.00 Advertising 15.00 Prothonotary 1.00 Mileage 19.36 Certified Mail 2.60 Levy 15.00 Surcharge 20.00 Law Journal 413.00 Patriot News 336.98 Share of Bills 15.94 Total 901.55 f ()?,, ?21tP16(, So Answers: R. Thomas Kline, Sheriff BY Real Estate geant WELIS FARGO BANK, N.A., S/BIM TO WELLS FARGO HOME MORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION STANLEY M. DEIMLER, JR. NO. 06-155 Defendant(s). . AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) 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,308 WERTZ AVENUE, MONROE, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) STANLEY M. DEIMLER, JR. 308 WERTZ AVENUE MONROE, PA 17055 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) SOVEREIGN BANK 619 ALEXANDER ROAD PRINCETON, NJ 08540 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) WAYPOINT BANK 235 NORTH 2ND STREET PO BOX 1711 HARRISBURG, PA 17105 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 308 WERTZ AVENUE MONROE, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. June 22, 2006 DATE 1 QJY1 Ad J. ?41 DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff V WELLS FARGO BANK, N.A., S/B/M TO CUMBERLAND COUNTY WELLS FARGO HOME MORTGAGE, INC. Plaintiff, No. 06-155 V. STANLEY M. DEIMLER, JR. Defendant(s). June 22, 2006 TO: STANLEY M. DEIMLER, JR. 308 WERTZ AVENUE MONROE, PA 17055 * *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 IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 308 WERTZ AVENUE, MONROE, PA 17055, is scheduled to be sold at the Sheriffs Sale on DECEMBER 6, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $133,189.69 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 MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 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. 1 Y You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 I ALL THAT CERTAIN tract or land situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the western line of Wertz Avenue, said point being at the dividing line between Lots Nos. 64 and 65 on the hereinafter mentioned Plan of Lots; thence along said dividing line, South 86 degrees 26 minutes 40 seconds West, one hundred and six and sixty-five hundredths (106.65) feet to a point; thence North 38 degrees 53 minutes West, ninety-nine and forty-three hundredths (99.43) feet to a point at the dividing line between Lots Nos. 65 and 66 on said Plan; thence along said dividing line, North 77 degrees 45 minutes East, one hundred fifty (150) feet to a point on the western line of Wertz Avenue; thence continuing along the line of Wertz Avenue, South 12 degrees 15 minutes East, one hundred five (105) feet to a point, the place of BEGINNING. HAVING thereon erected a one-story brick ranch-type dwelling house with attached garage, known as No. 308 Wertz Avenue, Mechanicsburg, Pennsylvania. BEING Lot No. 65 on the Amended Plan No. I of Trindle Spring Garden, recorded in Plan Book 10 at Page 53. BEING the same premises which Richard A. Kauffman and Elaine A. Kauffman, husband and wife by Deed dated May 24, 1996, and recorded May 28, 1996, in Book 139, Page 1095, granted and conveyed unto Charles L. Miller, Jr., in fee. Being Parcel # 22-24-0783-127 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Stanley Deimler, by Deed from Charles L. Miller, Jr., dated 12-2-03, recorded 12-10-03 in Deed Book 260, page 3764. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Charles L. Miller, Jr., by Deed from Richard A. Kauffman and Elaine A. Kauffman, husband and wife, dated 5-24-96, recorded 5-28-96 in Deed Book 139, page 1095. Premises: 308 Wertz Avenue, Monroe, PA 17055 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-155 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 STANLEY M. DEIMLER, JR. (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $133,189.69 L.L. Interest FROM 2/23/06 TO 12/6/06 (PER DIEM - $21.89) - $6,260.54 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $228.07 Other Costs Plaintiff Paid Date: JUNE 26, 2006 CURTIS R. LONG Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 0 aug Real Estate Sale # 02 On August 17, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA Known and numbered as 308 Wertz Avenue, Monroe, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 17, 2006 By: ! j a S' A Real Estate Sergeant MS :0 d L- Inn 9001 Vd `AIKI00 0W4 . d-]8HQJ 3318314S IHI A 30IJ40 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 25th day(s) of October and the 1st and 8th day(s) of November 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 NOTAR ..................... mfr ...... ... ................................. Sworn to and sub ri ed ore me this 15cOiv1M(JNWE?? O?x 20Q1 DAI Notar'aiSeal ?Y Terry L. Russell, Notary Public FC i ty Of HarnsburgDauphin Courriy Y Commiwon Expirq June 6, 2010 of Notaries CUMBERLAND COUNTY SHERIFF'S 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 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 20, October 27 and November 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 aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. - OA Li Marie Coyne, Edi r SWORN TO AND SUBSCRIBED before me this 3 day of November, 2006 Las E. SNYDER, Notary Public carlisle eoro, cumberla 4 county My Commission Expires March 5, 2009 REAL ESTATE SALE NO. 2 Writ No. 2006-155 Civil Wells Fargo Bank NA s/b/m to Wells Fargo Home Mortgage, Inc. VS. Stanley M. Deimler, Jr. Atty.: Daniel Schmieg ALL THAT CERTAIN tract or land situate in Monroe Township, Cum- berland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the western line of Wertz Avenue, said point being at the dividing line be- tween Lots Nos. 64 and 65 on the hereinafter mentioned Plan of Lots;, thence along said dividing line, South 86 degrees 26 minutes 40 seconds West, one hundred and six and sixty-five hundredths (106.65) feet to a point; thence North 38 de- grees 53 minutes West, ninety-nine and forty-three hundredths (99.43) feet to a point at the dividing line between Lots Nos. 65 and 66 on said Plan; thence along said divid- ing line, North 77 degrees 45 min- utes East, one hundred fifty (150) feet to a point on the western line of Wertz Avenue; thence continuing along the line of Wertz Avenue, South 12 degrees 15 minutes East, one hundred five (105) feet to a point, the place of BEGINNING. HAVING thereon erected a one- story brick ranch-type dwelling house with attached garage, known as No. 308 Wertz Avenue, Mechan- icsburg, Pennsylvania. BEING Lot No. 65 on the Amended Plan No. 1 of Trindle Spring Garden, recorded in Plan Book 10 at Page 53. BEING the same premises which Richard A. Kauffman and Elaine A. Kauffman, husband and wife by Deed dated May 24, 1996, and re- corded May 28, 1996, in Book 139, Page 1095, granted and conveyed unto Charles L. Miller, Jr., in fee. Being Parcel # 22-24-0783-127 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Stanley Deimler, by Deed from Charles L. Miller, Jr., dated 12-2-03, recorded 12-10-03 in Deed Book 260, page 3764. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Charles L. Miller, Jr., by Deed from Richard A. Kauffman and Elaine A. Kauffman, husband and wife, dated 5-24-96, recorded 5-28-96 in Deed Book 139, page 1095. Premises: 308 Wertz Avenue, Monroe, PA 17055. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, V. No. 06-155 STANLEY M. DEIMLER, JR. Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 2/23/06 to JUNE 13, 2007 (per diem -$21.89) $133,189.69 $10,397.75 and Costs TOTAL $149,864.44 isamaT y'. A CIAM- DANIEL G. SCHMIEG, ESQUIRE 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. 128379 O? 0? V O ? wo O H ? coy o w w 54 ? v i . w . U 14 in ?n O t?- d' a O H ? C-A V 0 G N n r? t ?n 4 Q I -* c? C-Y- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-155 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., Plaintiff (s) From STANLEY M. DEIMLER, JR. (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $133,189.69 L.L. Interest FROM 2/23/06 TO 6/13/07 (PER DIEM - $21.89) -- $10,397.75 AND COSTS Atty's Comm % Atty Paid $1,144.62 Plaintiff Paid Due Prothy $1.00 Other Costs Date: MARCH 13, 2007 (Seal) REQUESTING PARTY: Name DAVID 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 1ieputy Supreme Court ID No. 62205 PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, . V. STANLEY M. DEIMLER, JR. . Defendant(s). . ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-155 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: () 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. I/CaMA21 H" Aim * DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff C7. _-1 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, V. STANLEY M. DEIMLER, JR. Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-155 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO BANK, N.A., SB/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,308 WERTZ AVENUE, MONROE, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name STANLEY M. DEIMLER, JR. Last Known Address (if address cannot be reasonably ascertained, please indicate) 308 WERTZ AVENUE MONROE, PA 17055 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 SOVEREIGN BANK SERVICE MOTOR PARTS, INC. PA DEPT. OF REVENUE BUREAU OF COMPLIANCE CLEARANCE SUPPORT SECTION CHARLES K. HARMON Last Known Address (if address cannot be reasonably ascertained, please indicate) 619 ALEXANDER ROAD PRINCETON, NJ 08540 2248 DERBY STREET HARRISBURG, PA 17104 ATTN: SHERIFF SALES DEPT. 281230 HARRISBURG, PA 17128-1230 C/O PO BOX 2013 MECHANICSBURG, PA 17055 r 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) WAYPOINT BANK 235 NORTH 2ND STREET PO BOX 1711 HARRISBURG, PA 17105 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) MONROE TOWNSHIP 1200 BOILING SPRINGS ROAD MUNICIPAL AUTHORITY MECHANICSBURG, PA 17055 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 308 WERTZ AVENUE MONROE, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 12, 2007 kam? DATE DANIEL G. SCI-iMIEG, ESQUIRE Attorney for Plaintiff ?' ? ii ' ° rte.., , i , ? ' __ ..-w ? ? ? Y ? ?} E::J1 . ?-t ...:- ? r?? .+M ?.R?, ALL THAT CERTAIN tract or land situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the western line of Wertz Avenue, said point being at the dividing line between Lots Nos. 64 and 65 on the hereinafter mentioned Plan of Lots; thence along said dividing line, South 86 degrees 26 minutes 40 seconds West, one hundred and six and sixty-five hundredths (106.65) feet to a point; thence North 38 degrees 53 minutes West, ninety-nine and forty-three hundredths (99.43) feet to a point at the dividing line between Lots Nos. 65 and 66 on said Plan; thence along said dividing line, North 77 degrees 45 minutes East, one hundred fifty (150) feet to a point on the western line of Wertz Avenue; thence continuing along the line of Wertz Avenue, South 12 degrees 15 minutes East, one hundred five (105) feet to a point, the place of BEGINNING. HAVING thereon erected a one-story brick ranch-type dwelling house with attached garage, known as No. 308 Wertz Avenue, Mechanicsburg, Pennsylvania. BEING Lot No. 65 on the Amended Plan No. 1 of Trindle Spring Garden, recorded in Plan Book 10 at Page 53. BEING the same premises which Richard A. Kauffman and Elaine A. Kauffinan, husband and wife by Deed dated May 24, 1996, and recorded May 28, 1996, in Book 139, Page 1095, granted and conveyed unto Charles L. Miller, Jr., in fee. Being Parcel # 22-24-0783-127 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Stanley Deimler, by Deed from Charles L. Miller, Jr., dated 12-2-03, recorded 12-10-03 in Deed Book 260, page 3764. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Charles L. Miller, Jr., by Deed from Richard A. Kauffman and Elaine A. Kauffman, husband and wife, dated 5-24-96, recorded 5-28-96 in Deed Book 139, page 1095. Premises: 308 Wertz Avenue, Monroe, PA 17055 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, V. STANLEY M. DEIMLER, JR. . CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-155 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) 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 308 WERTZ AVENUE, MONROE, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) STANLEY M. DEIMLER, JR. 308 WERTZ AVENUE MONROE, PA 17055 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) SOVEREIGN BANK SERVICE MOTOR PARTS, INC. PA DEPT. OF REVENUE BUREAU OF COMPLIANCE CLEARANCE SUPPORT SECTION CHARLES K. HARMON 619 ALEXANDER ROAD PRINCETON, NJ 08540 2248 DERBY STREET HARRISBURG, PA 17104 ATTN: SHERIFF SALES DEPT. 281230 HARRISBURG, PA 17128-1230 C/O PO BOX 2013 MECHANICSBURG, PA 17055 i 4. Name and address of last recorded holder of every mortgage of record: Name WAYPOINT BAND Last Known Address (if address cannot be reasonably ascertained, please indicate) 235 NORTH 2ND STREET PO BOX 1711 HARRISBURG, PA 17105 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) MONROE TOWNSHIP 1200 BOILING SPRINGS ROAD MUNICIPAL AUTHORITY MECHANICSBURG, PA 17055 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 308 WERTZ AVENUE MONROE, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 12, 2007 X''-?4ym DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff 0 -r? ?r -rt CD , r w WELLS FARGO BANK, N.A., S/B/M TO CUMBERLAND COUNTY WELLS FARGO HOME MORTGAGE, INC. Plaintiff, No. 06-155 V. : STANLEY M. DEIMLER, JR. Defendant(s). March 12, 2007 TO: STANLEY M. DEIMLER, JR. 308 WERTZ AVENUE MONROE, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 308 WERTZ AVENUE, MONROE, PA 17055, is scheduled to be sold at the Sheriff s Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $133,189.69 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 MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. ML You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 A ALL THAT CERTAIN tract or land situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the western line of Wertz Avenue, said point being at the dividing line between Lots Nos. 64 and 65 on the hereinafter mentioned Plan of Lots; thence along said dividing line, South 86 degrees 26 minutes 40 seconds West, one hundred and six and sixty-five hundredths (106.65) feet to a point; thence North 38 degrees 53 minutes West, ninety-nine and forty-three hundredths (99.43) feet to a point at the dividing line between Lots Nos. 65 and 66 on said Plan; thence along said dividing line, North 77 degrees 45 minutes East, one hundred fifty (150) feet to a point on the western line of Wertz Avenue; thence continuing along the line of Wertz Avenue, South 12 degrees 15 minutes East, one hundred five (105) feet to a point, the place of BEGINNING. HAVING thereon erected a one-story brick ranch-type dwelling house with attached garage, known as No. 308 Wertz Avenue, Mechanicsburg, Pennsylvania. BEING Lot No. 65 on the Amended Plan No. 1 of Trindle Spring Garden, recorded in Plan Book 10 at Page 53. BEING the same premises which Richard A. Kauffman and Elaine A. Kauffman, husband and wife by Deed dated May 24, 1996, and recorded May 28, 1996, in Book 139, Page 1095, granted and conveyed unto Charles L. Miller, Jr., in fee. Being Parcel # 22-24-0783-127 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Stanley Deimler, by Deed from Charles L. Miller, Jr., dated 12-2-03, recorded 12-10-03 in Deed Book 260, page 3764. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Charles L. Miller, Jr., by Deed from Richard A. Kauffman and Elaine A. Kauffinan, husband and wife, dated 5-24-96, recorded 5-28-96 in Deed Book 139, page 1095. Premises: 308 Wertz Avenue, Monroe, PA 17055 r-.? ?, ,7 i`::,'l ,^? i r- v "1" 1 " - ---3 , _ _.7? - ,? , ??:1 - ? C.AS ,1 s. 3 i- 1 _ - ? ? .t y _ ?.: .. ,? SALE DATE: JUNE 13, 2007 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, No.: 06-155 INC. VS. STANLEY M. DEIMLER, 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: 308 WERTZ AVENUE, MONROE, PA 17055. As required by Pa. R.C.P. 3129.2(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. - ii /v DANIEL SCHMIEG, ESQ Attorney for Plaintiff May 23, 2007 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, V. STANLEY M. DEIMLER, JR. Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-155 AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) 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,308 WERTZ AVENUE, MONROE, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name STANLEY M. DEIMLER, JR. Last Known Address (if address cannot be reasonably ascertained, please indicate) 308 WERTZ AVENUE MONROE, PA 17055 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 SOVEREIGN BANK SERVICE MOTOR PARTS, INC. PA DEPT. OF REVENUE BUREAU OF COMPLIANCE CLEARANCE SUPPORT SECTION CHARLES K. HARMON Commonwealth of Pennsylvania Department of Revenue Clearance Support Section Bureau of Compliance FISHER AUTO PART, INC. Last Known Address (if address cannot be reasonably ascertained, please indicate) 619 ALEXANDER ROAD PRINCETON, NJ 08540 2248 DERBY STREET HARRISBURG, PA 17104 ATTN: SHERIFF SALES DEPT. 281230 HARRISBURG, PA 17128-1230 C/O PO BOX 2013 MECHANICSBURG, PA 17055 Department 280946 Harrisburg, PA 17128-0946, PA 17128 1005 HUMMEL AVE. LEMOYNE, PA 17043 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) WAYPOINT BANK 235 NORTH 2ND STREET PO BOX 1711 HARRISBURG, PA 17105 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) MONROE TOWNSHIP 1200 BOILING SPRINGS ROAD MUNICIPAL AUTHORITY MECHANICSBURG, PA 17055 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 308 WERTZ AVENUE MONROE, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. May 23, 2007 DATE DANIEL G. SCHMIEG, ESQUI? Attorney for Plaintiff "'j r ? r r N r? D. A o. n ro? o b '? o S d 0 k c- ? ? Q A N ? N S ?i ?n?ooo' n o? ? 9.$o y. g ?. o ?? App.A O ?? C 7 "' H a ??an .x n . ,2 gg p a ? 3 a Npp N [n? o cB ? N. 8 e o^ A N $ `z G n? 1110 r ? a? w N A J CL G a D ? •I <D ? d O q ?' ?j m r yy v try ono *? m -+ -C OM, ? x c? 1 w O -4 w ? Ca x+ ? y' r N ? +-3 N W C N ? ? N 9 7C °° a G w w? vo ? N A N ? ? ? ? m ? E Y n C?4 Jn 9 o rZ-? b O LA b ? p ? A Cn '=1 00 0 0 LA A M o n a ? Y O o t, 8 x cn w .rl O O m C? rn ?; n Cd ? A v r W 15, - t? s3. ? C1 rtiV A ?. i ? r C> C• ?o Q' P087, L ? gTNfY BONES 7 -060 ` 02 1M $ 433 2007 000421801 ODE 19103 Zt HAWED FRO _ ? I 111 ?? vl A w N r O w? 70 -a C/] ?o p V R O 7d S. a o g ? ° n H R. M R ? R"- pM O N l(7? P N 19 p ?. w o?? o ? t» n' ?n G?i R R X wR yyy? T ? ^ H .P I W N r G U c oil _ 1 ? { ? n p? I r ? till 0 b r? J O I Iw r v ?. 0 -18 30 '3 00 7 N0C0? c v3 'a ? 40-0 ro I a R a s? r e 6 C tag AC1 ? A a ? 2 0 1-d ,? O ro ?r yy 1 yd 00 ? QCQ7? o r O r b rl n x r r? c? O V n C V W C/1 !?7 o??P Po% d `d"® can¢r gowEs 02 1M $ 01.90° 0004218010 MAY11 2007 MAILED FROM ZIP CODE 19103 rv?, ?: ? __ '? ,•.-. _. ?. .. AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. DEFENDANT(S) STANLEY M. DEIMLER, JR. SERVE STANLEY M. DEIMLER, JR. 308 WERTZ AVENUE MONROE, PA 17055 SERVED CUMBERLAND COUNTY CQS No. 06-155 HSIIQMR ACCT. #0133936682 Type of Action - Notice of Sheriffs Sale Sale Date: JUNE 13, 2007 Served and made known to ;51SM M • Del Mle'( ,1Y , Defendant, on the U day of L( K? , 200 at r `- (U , o'clock t.m., at 36- 2 AVQ •? Me?l?a k "csbu , Commonwealth of Pennsylvania, in the manner described below: V/ Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 4o' Height 95" Weight 0100 Race W Sex M Other 1, f lga o I' &L , a competent adult, being duty 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. Sworn and subscr' be a this 'd - Of 1200 - By: PLEASE ATTE1WhPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. S: Jersey PAT::;--i,% E. HARRIS NOT SERVED Commission Expires June 16, 2008 On the day of , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved -_ Unknown _ No Answer 1" Attempt: Time: Vacant 2°d Attempt: / / Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of , 200-. Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 r 3c /y?- } o ?i 4? ?' ?i? ??; N ? ? .?- ?. { ti?.: --, a ? C ? y.-i .T% y- .-?- ..C ..?` COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Wells Fargo Bank N A is the grantee the same having been sold to said grantee on the 5th day of Sept A.D., 2007, under and by virtue of a writ Execution issued on the 13th day of March, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 155, at the suit of Wells Fargo Bank N A against Stanley M Deimler Jr is duly recorded as Instrument Number 200736404. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this / day of A. D.-?, oo -I A r of DeG4 Cumberland County, , pA Recorder of Deeds My CDearnaMm E)Vme ft FW Monday of Jw 2010 Wells Fargo Bank, N.A., s/b/m to Wells Fargo In the Court of Common Pleas of Home Mortgage, Inc. Cumberland County, Pennsylvania VS Writ No. 2006-155 Civil Term Stanley M. Deimler, Jr. Jessica Hermansen, Deputy Sheriff, who being duly sworn according to law, states that on March 22, 2007 at 1441 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Stanley M. Deimler, Jr., by making known unto Lauren Deimler, wife of Stanley M. Deimler, Jr., at 308 Wertz Ave., Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 13, 2007 at 1432 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Stanley M. Deimler, Jr., located at 308 Wertz Ave., Mechanicsburg, Cumberland County, 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: Stanley m. Deimler, Jr., by regular mail to his last known address of 308 Wertz Ave., Mechanicsburg, PA 17055. This letter was mailed under the date of April 5, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 05, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Wells Fargo Bank, N.A. s/b/m to Wells Fargo Home Mortgage, Inc. It being the highest bid and best price received for the same, Wells Fargo Bank, N.A. s/b/m to Wells Fargo Home Mortgage, Inc. of 3476 Stateview Blvd., Fort Mill, SC 29715, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,088.78. Sheriffs Costs: Docketing $30.00 Poundage 20.96 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Prothonotary 1.00 Mileage 18.20 Levy 15.00 Surcharge 20.00 Law Journal 413.00 Patriot News 381.95 Postpone Sale 20.00 Share of Bills 16.17 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $1,088.78 So Answers: R. Thomas Kline, Sheriff BYs, ??A Real Estat ergeant .", / Iv/G7-0.7 Nq?0 Co ?? ?aa13 r' 'Z WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, v. STANLEY M. DEIMLER, JR. Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-155 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WELLS FARGO BANK, N.A., SB/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,308 WERTZ AVENUE, MONROE, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) STANLEY M. DEIMLER, JR. 308 WERTZ AVENUE MONROE, PA 17055 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) SOVEREIGN BANK SERVICE MOTOR PARTS, INC. PA DEPT. OF REVENUE BUREAU OF COMPLIANCE CLEARANCE SUPPORT SECTION CHARLES K. HARMON 619 ALEXANDER ROAD PRINCETON, NJ 08540 2248 DERBY STREET HARRISBURG, PA 17104 ATTN: SHERIFF SALES DEPT. 281230 HARRISBURG, PA 17128-1230 C/O PO BOX 2013 MECHANICSBURG, PA 17055 ? ti .. 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) WAYPOINT BANK 235 NORTH 2ND STREET PO BOX 1711 HARRISBURG, PA 17105 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) MONROE TOWNSHIP 1200 BOILING SPRINGS ROAD MUNICIPAL AUTHORITY MECHANICSBURG, PA 17055 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 308 WERTZ AVENUE MONROE, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. March 12, 2007 A4vyv,, DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff 06 WELLS FARGO BANK, N.A., S/B/M TO CUMBERLAND COUNTY WELLS FARGO HOME MORTGAGE, INC. Plaintiff, No. 06-155 V. STANLEY M. DEIMLER, JR. Defendant(s). March 12, 2007 TO: STANLEY M. DEIMLER, JR. 308 WERTZ AVENUE MONROE, PA 17055 "THIS FIRMIS 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 BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 308 WERTZ AVENUE, MONROE, PA 17055, is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 5133,189.69 obtained by WELLS FARGO_BANK, N.A., SB/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 MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract or land situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the western line of Wertz Avenue, said point being at the dividing line between Lots Nos. 64 and 65 on the hereinafter mentioned Plan of Lots; thence along said dividing line, South 86 degrees 26 minutes 40 seconds West, one hundred and six and sixty-five hundredths (106.65) feet to a point; thence North 38 degrees 53 minutes West, ninety-nine and forty-three hundredths (99.43) feet to a point at the dividing line between Lots Nos. 65 and 66 on said Plan; thence along said dividing line, North 77 degrees 45 minutes East, one hundred fifty (150) feet to a point on the western line of Wertz Avenue; thence continuing along the line of Wertz Avenue, South 12 degrees 15 minutes East, one hundred five (105) feet to a point, the place of BEGINNING. HAVING thereon erected a one-story brick ranch-type dwelling house with attached garage, known as No. 308 Wertz Avenue, Mechanicsburg, Pennsylvania. BEING Lot No. 65 on the Amended Plan No. 1 of Trindle Spring Garden, recorded in Plan Book 10 at Page 53. BEING the same premises which Richard A. Kauffrnan and Elaine A. Kauffman, husband and wife by Deed dated May 24, 1996, and recorded May 28, 1996, in Book 139, Page 1095, granted and conveyed unto Charles L. Miller, Jr., in fee. Being Parcel # 22-24-0783-127 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Stanley Deimler, by Deed from Charles L. Miller, Jr., dated 12-2-03, recorded 12-10-03 in Deed Book 260, page 3764. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Charles L. Miller, Jr., by Deed from Richard A. Kauf -man and Elaine A. Kauffman, husband and wife, dated 5-24-96, recorded 5-28-96 in Deed Book 139, page 1095. Premises: 308 Wertz Avenue, Monroe, PA 17055 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-155 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., Plaintiff (s) From STANLEY M. DEIMLER, JR. (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $133,189.69 L.L. Interest FROM 2/23/06 TO 6/13/07 (PER DIEM - $21.89) -- $10,397.75 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $1,144.62 Other Costs Plaintiff Paid Date: MARCH 13, 2007 (Seal) Deputy REQUESTING PARTY: Name DAVID 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 i Real Estate Sale # 99 On March 19, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA Known and numbered as 308 Wertz Avenue, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 19, 2007 B Real Esta e Sergeant . 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 Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 18th and 25th day(s) of April and the 2nd day(s) of May 2007. 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#99 ?`1 Sworn to and subscribed before me tb cl, a? y 2007 A.D. COMMONWEALTH UKJA?'v??') Nutarial Seal Terry L Russell, Notary Public City Of Harrisburg, t)auphin County Co mission Expires June 6, 2010 [M(e)m:b9, ennsvl Association of Notaries ARY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 MAiE PAW lr.?*4 1Nr4 l? , N.A., tiRfft to tllhais Fad iiot>n?=#It, VS Schna DMC*nM ALL THAT CERTAIN tract or land situate m Monroe 1brvft4,:* Cold County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the win line of Wertz Avenue, said poM'being of dte diving line betww Lots Nos. 64 and 65 on 6e bminaher "Oom lu of Lots: thence along snd fim 5aplb 86deVm 26 minutes 40 aeaauda onFlisp hd and sand sixty- fin baMkeNm (I%M) fee to a pow tbcnce Nat m d goes 53 atoucttes West; aineey-ntne .43 net to apo?t -.J L-ftLA- 100 ti?j 4rsf tutee: thence nog along the hue aL veace, Soush 12 degmes 15 five (105) feet to a pa abcted a one-story %kit rancb4M dwelling bmw wdb MwJwd gamy, known as No. 308 Wertz Avenue, meclimickurg, Paurgh=U BEING Lot No. 65 on the Amended Plan NO of Trundle SM Gauls, recorded m Mw Book 10 atll*p 53. BEING the same premises wbwb Richard A. Kaaffmam sod Eiaiee A. Km&m bWand and wife by Deed dated May 24,1996, sod recorded May 28, M, in Book 139, Page 1095, panted and conveyed =I,, k:, in fee. B ft i,batis R1ICORD OWNER PIE TO SAID ' SE3 IS'VEM IN Stanley Denuler by Deed from CMrles L. Miller, k, dated I2-3'lf'3, recorded 12-1403 in Deed Book 260, pW 3764. PRK1R DEEb "TME`'CO S " ONIS VESTED IN Charles L Wiley, Jr, by Deed from Richard A. Uu> o"Nio A. K-ndmin htumaad and wife, dNed ?2 rocordrd 5-28-96 in Deed Bod 130, page iU4S. Promises: , Maumee, PA 17055 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND , Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 20, 27, May 4, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. is arie Coyne, itor SWORN TO AND SUBSCRIBED before me this 4 day of May, 2007 y ??-.ire n'- 4?.,? r,•.f.I;C $. r REAL ESTATE SALE NO. 99 Writ No. 2006-155 Civil Wells Fargo Bank, N.A., s/b/m to Wells Fargo Home Mortgage, Inc. VS. Stanley M. Deimler, Jr. Atty.: Daniel Schmieg ALL THAT CERTAIN tract or land situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the western line of Wertz Avenue, said point being at the dividing line be- tween Lots Nos. 64 and 65 on the hereinafter mentioned Plan of Lots; thence along said dividing line, South 86 degrees 26 minutes 40 seconds West, one hundred and six and sixty-five hundredths (106.65) feet to a point; thence North 38 de- grees 53 minutes West, ninety-nine and forty-three hundredths (99.43) feet to a point at the dividing line between Lots Nos. 65 and 66 on said Plan: thence along said divid- ing line, North 77 degrees 45 min- utes East, one hundred fifty (150) feet to a point on the western line of Wertz Avenue; thence continuing along the line of Wertz Avenue, South 12 degrees 15 minutes East, one hundred five (105) feet to a point, the place of BEGINNING. HAVING thereon erected a one- story brick ranch-type dwelling house with attached garage, known as No. 308 Wertz Avenue, Me- chanicsburg, Pennsylvania. BEING Lot No. 65 on the Amended Plan No. 1 of Trindle Spring Garden, recorded in Plan Book 10 at Page 53. BEING the same premises which Richard A. Kauf man and Elaine A. Kauffman, husband and wife by Deed dated May 24, 1996, and re- corded May 28. 1996, in Book 139, Page 1095, granted and conveyed unto Charles L. Miller, Jr., in fee. Being Parcel # 22-24-0783-127. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Stanley Deimler, by Deed from Charles L. Miller, Jr., dated 12-2-03, recorded 12-10-03 in Deed Book 260, page 3764. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Charles L. Miller, Jr., by Deed from Richard A. Kauffman and Elaine A. Kauffman, husband and wife, dated 5-24-96, recorded 5-28-96 in Deed Book 139, page 1095. Premises: 308 Wertz Avenue, Monroe, PA 17055. ©It IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL TERM WELLS FARGO BANK N.A..,SIBIM TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff NO. 06-155 CIVIL TERM CUMBERLAND COUNTY V. STANLEYM.DEIMLER, JR., Defendant PETITION TO S TRIKEIPE TITION TO VACATE JUDGMENT FOR LACK OF JURISDICTION AND NOW, this 2ND day of November, 2007, comes Lauren Deimler, aggrieved Petitioner, who files their Petition to Strike/Petition to Vacate Judgment for Lack of Jurisdiction and in support thereof avers as follows: 1. Plaintiff filed a Complaint in Mortgage Foreclosure against Stanley M. Deimler, Jr., 2. The action referenced in paragraph 1 herein, addresses real estate to the defendant on or about December 10, 2003. 3. The defendant, Stanley M. Deimler, Jr., and Petitioner, Lauren Deimler were married on June 23, 1989 in Shiresmanstown, Cumberland County, Pennsylvania. Both Petitioner and Defendant continue to be married to this day, which includes the time of acquisition of the real estate in question. 4. Pennsylvania Rule of Civil Procedure 2227,Compulsory Joinder, provides as 1 e O. - w follows: (a) Persons having only a joint interest in the subject matter of an action must be joined on the same side as plaintiffs or defendants. 5. The Plaintiffs Complaint and subsequent service are deficient in that it fails to provide sufficient specificity in a pleading and/or join an indispensable as required. 6. Pennsylvania Rule of Civil Procedure Rule 1032, titled "Waiver of Defenses. Exceptions. Suggestion of Lack of Subject Matter Jurisdiction or Failure to Join Indispensable Party," sets forth as follows: (a) A party waives all defenses and objections which are not presented either by preliminary objection, answer or reply, except a defense which is not required to be pleaded under Rule 1030(b), the defense of failure to state a claim upon which relief can be granted, the defense of failure to join an indispensable party, the objection of failure to state a legal defense to a claim, the defenses of failure to exercise or exhaust a statutory remedy and an adequate remedy at law and any other nonwaivable defense or objection. (b) Whenever it appears by suggestion of the parties or otherwise that the court lacks jurisdiction of the subject matter or that there has been a failure to join an indispensable party, the court shall order that the action be transferred to a court of the Commonwealth which has jurisdiction or that the indispensable party be joined, but if 2 i to that is not possible, then it shall dismiss the action. 7. The Defendant in the above-captioned matter is Stanley M. Deimler, Jr., who, according to the allegations contained in the Plaintiff s Complaint purchased real estate located at 308 Wertz Avenue, Mechanicsburg, Pennsylvania on or about December 2, 2003. 8. The defendant is married to the Petitioner. 9. The defendant's date of marriage to Petitioner was the 23rd day of June, 2003. 10. The defendant was married on the second day of December, 2003 when according to Plaintiffs Complaint; the Defendant purchased the subject real estate in question. 11. The Defendant remains married to this Petitioner to this day. 12. Title 23 Pa. C.S.A. § 3501(a), states that " 'marital property' means all property acquired by either party during the marriage and the increase in value of any nonmarital property acquired pursuant to paragraphs (1) and (3) as measured and determined under subsection (a.1)." 13. Title 23 Pa. C.S.A. § 3501(b), sets forth that "[a]ll real or personal property acquired by either party during the marriage is presumed to be marital property regardless of whether title is held individually or by the parties in some form of co- ownership such as joint tenancy, tenancy in common or tenancy by the entirety." 14. It is well settled law in the Commonwealth of Pennsylvania "that a party is indispensable 'when his or her rights are so connected with the claims of the litigants 3 Ir that no decree can be made without impairing those rights'." City of Philadelphia v. Commonwealth, 575 Pa. 542, 567 (Pa. 2003), citing Sprague v. Casey, 520 Pa. 38, 48, 550 A.2d 1845 189 (1988). 15. Petitioner is an indispensable party to this action and has not been joined with this action. 16. This Honorable Court lacks jurisdiction over the subject matter. WHEREFORE, Lauren Deimler, Petitioner in the above-captioned matter respectfully requests that this Honorable Court dismiss the Plaintiff s Complaint, and Strike Judgment for lack of jurisdiction and failure to join an indispensable party, or in the alternative, Order the Plaintiffs to file a more specific complaint. i Lauren Deimler Petitioner/Pro se 308 Wertz Avenue Mechanicsburg, PA 17055. I verify that the statements made in this Petition to Strike/Petition to Vacate the Judgment for Lack of Jurisdiction are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to Unsworn falsification to authorities. Date Lauren Deimler, Petitioner/Pro se 4 . - , ' #b IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION WELLS FARGO BANK N.A. SIBIM TO WELLS FARGO HOME MORTGAGE,INC. Plaintiff NO.06-1 SS CIVIL TERM CUMBERLAND COUNTY V. STANLEY M.DEIMLER, JR., Defendant CERTIFICATE OF SERVICE OF PETITION TO STRIKE/PETITION TO VACATE JUDGMENT FOR LACK OF JURISDICTION I, Lauren Deimler, Petitioner, do hereby certify that a true and correct copy of the Petition to Strike/Petition to Vacate Judgment for Lack of Jurisdiction was served by first class mail on the Plaintiff s attorney on November 2, 2007, as follows: Daniel G. Schmieg One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, Pa. 19103-1814 94JJ'41111f44eo?4 Lauren Deimler, etitioner/Pro se 308 Wertz Avenue Mechanicsburg, Pa. 17055 5 ,' *.: t?-; ? ..y :. - .-- r ; ?' _, ;-°? # ?-_ ?-. rV ' -_1 _, i -, ,?1; w _ r7 .:? ' ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION WELLS FARGO BANK,N.A.,SIBIM TO WELLS FARGO HOME MORTGAGE ,INC. Plaintiff NO. 06-155 CIVIL TERM CUMBERLAND COUNTY V. STANLEY M.DEIMLER, JR., Defendant PETITION FOR EMERGENCY RELIEF IN THE NATURE OF A STAY OF EXECUTION OF JUDGMENT AND NOW COMES, Lauren Deimler, aggrieved Petitioner who files this Petition for Emergency Relief in the Nature of a Stay of Execution of Judgment, and in support thereof, avers as follows: Petitioner filed a Petition to Strike/Petition to Vacate Judgment for Lack of Jurisdiction concurrently herewith, which is incorporated herein by reference in its entirety. Petitioner and her eleven year old daughter will be homeless if judgment is executed upon, and Petitioner had no prior notice of this proceeding, so as to effect a defense for action, and/or otherwise prepare herself for this imminent threat. Petitioner's harm will be without a remedy, and this Court should exercise its equitable powers to stay further execution of this matter until the merits of Petitioners Petition to Strike/Petition to vacate judgment can be justly and properly resolved. WHEREFORE, Petitioner respectfully requests that this Court enter an order staying further execution of Judgment in this matter. au en Deimler, Petitioner/Pro se 308 Wertz Avenue Mechanicsburg, Pa. 17055 6 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION WELLS FARGO BANK N.A.,SIBIM TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff NO. 06-155 CIVIL TERM CUMBERLAND COUNTY V. STANLEYM.DEIMLER, JR., Defendant . CERTIFICATE OF SERVICE OF PETITION FOR EMERGENCY RELIEF IN THE NATURE OF A STAY OF EXECUTION OF JUDGMENT I, Lauren Deimler, Petitioner, do hereby certify that a true and correct copy of the Petition for Emergency Relief in the Nature of a Stay of Execution of Judgment was served by first class mail on the Plaintiff s attorney on November 2, 2007, as follows: Daniel G. Schmieg One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, Pa. 19103-1814 4aureneimler, etitioner/Pro 6se 308 Wertz Avenue Mechanicsburg, Pa. 17055 7 "? ?,.? t ? Win-, ?; ? t.._ ?. °? --ri ?_? ;.; a.,_ ?-r ? ?t? ,.. 4 ? j `- -..r-f t„... F?'i?l .,.,.r "? WELLS FARGO BANK, N.A., : IN THE COURT OF COMMON PLEAS OF s/b/m to WELLS FARGO HOME : CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE, INC. Plaintiff V. STANLEY M. DEIMLER, JR. Defendant CIVIL ACTION - LAW NO. 06-155 CIVIL TERM ORDER OF COURT AND NOW, this 21St day of November, 2007, upon consideration of (1) the Petition for Emergency Relief in the Nature of a Stay of Execution of Judgment filed by Lauren Deimler, and (2) the Petition To Strike/Petition To Vacate Judgment for Lack of Jurisdiction filed by Lauren Deimler, a Rule is hereby issued upon all interested parties to show cause why the relief requested should not be granted. RULE RETURNABLE within 7 days of service. BY THE COURT, ,daniel G. Schmieg, Esq. Phelan, Hallinan & Schmieg, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff .1 r ? A PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK , ESQUIRE Identification No. 91656 107 N. Front Street Suite 115 Harrisburg, PA 17101 (215) 563-7000 Wells Fargo Bank, N.A., S/B/M to Wells Fargo Home Mortgage, Inc. V. Stanley M. Deimler, Jr. Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 06-155 PLAINTIFF'S RESPONSE TO LAUREN DEIMLER'S PETITION TO STRIKE/ PETITION TO VACATE JUDGMENT FOR LACK OF JURISDICTION AND COMES NOW, Plaintiff, Wells Fargo Bank, N.A., S/B/M to Wells Fargo Home Mortgage, Inc., by and through its attorneys, Phelan Hallinan & Schmieg, LLP, and files this Response to Petition to Strike/ Petition to Vacate Judgment for Lack of Jurisdiction and in support thereof avers as follows: 1. Admitted. By way of further response, Plaintiff filed its Complaint in Mortgage Foreclosure against Stanley M. Deimler, Jr. on January 9, 2006 in the Court of Common Pleas of Cumberland County. Further, Plaintiff named Stanley M. Deimler, Jr. as the Defendant pursuant to Pa.R.C.P. 1144(a) since he was the sole mortgagor and real owner of the property at issue. Strict proof to the contrary is demanded. A copy of the Mortgage is attached hereto, incorporated herein and marked as Exhibit "A". A copy of the Deed transferring ownership to Stanley M. Deimler, is attached hereto, incorporated herein and marked as Exhibit "B". 2. It is admitted only that the Complaint in Mortgage Foreclosure was filed against Stanley M. Deimler for property which he acquired by deed on December 2, 2003. See Exhibit «B» 3. Denied. Petitioner has failed to produce any documentation in support of her allegation. Plaintiff is without sufficient information as to the truth of the averments of paragraph three (3). Strict proof is demanded thereof. 4. Denied. The averment of paragraph four (4) contains conclusion of law to which no response is necessary. To the extent that a response is required, Petitioner's paragraph four (4) simply recites Pa.R.C.P. 2227(a). Lauren Deimler is not a "real owner" of the property as required by Pa.R.C.P. 1144(a). 5. Denied. It is specifically denied that Plaintiff's Complaint and subsequent service thereof are deficient since it failed to include or join the Petitioner as a party to the foreclosure action. By way of further response, Pa.R.C.P. 1144 specifically states what parties the Plaintiff must name as defendants in a foreclosure action. The Petitioner, Lauren Deimler, is neither a mortgagor nor a real owner of the property, and therefore, is not required to be named as a defendant in the foreclosure action filed by Plaintiff. Strict proof to the contrary is demanded. 6. Denied. The averment of paragraph six (6) contains conclusion of law to which no response is necessary. To the extent that a response is required, Petitioner's paragraph six (6) merely recites Pa.R.C.P. 1032 in its entirety. 4 7. Admitted. By way of further response, a copy of the Deed transferring ownership of the property located at 308 Wertz Avenue, Mechanicsburg, PA 17055 from Charles L. Miller, Jr. to Stanley Deimler is attached hereto as Exhibit "B". 8. Denied. Plaintiff is without sufficient information as to the truth of the averments of paragraph eight (8). Strict proof is demanded thereof. Petitioner has failed to produce documentation in support of her averment. 9. Denied. After reasonable investigation, Plaintiff is without sufficient information as to the truth of the averments of paragraph nine (9). Strict proof is demanded thereof. By way of further response, Petitioner indicates in paragraph three (3) of her Petition that the Defendant and Petitioner were married on June 23, 1989, and now indicates that they were married on June 23, 2003. Petitioner's Petition to StrikeNacate Judgment for Lack of Jurisdiction contains conflicting information which Plaintiff cannot verify. Strict proof to the contrary is demanded. 10. Denied. Plaintiff is without sufficient information as to the truth of the averments of paragraph ten (10). Strict proof is demanded thereof. 11. Denied. Plaintiff is without sufficient information as to the truth of the averments of paragraph eleven (11). Strict proof is demanded thereof. 12. Denied. The averment of paragraph twelve (12) contains conclusion of law to which no response is necessary. To the extent that a response is required, Petitioner's paragraph twelve (12) simply recites 23 Pa.C.S.A. § 3501(a) in its entirety. With respect to the matter at hand, Pa.R.C.P. 1144 specifically states what parties the Plaintiff must name as defendants in a foreclosure action. Petitioner is neither a mortgagor nor real owner of the property at issue, and therefore, Plaintiff is not required to name her as a defendant. It is irrelevant whether the property was "marital property" under the divorce code. The instant proceeding was a mortgage foreclosure r action, not a divorce. Section 3501 states, "As used in this chapter, `marital property' means...." (emphasis added). 13. Denied. The averment of paragraph thirteen (13) contains conclusion of law to which no response is necessary. To the extent that a response is required, Petitioner's paragraph thirteen simply recites 23 Pa. C.S.A. § 3501(b). With respect with to the instant matter, Petitioner is neither a real owner nor mortgagor of the property at issue, and therefore, is not a necessary party to be named in Plaintiff s Complaint in Mortgage Foreclosure. Strict proof to the contrary is demanded. Further, if Lauren Deimler lives in the subject property then she was aware of the foreclosure proceedings, the property having been posted with notice of the September 5, 2007 Sheriff s Sale. Any defenses to foreclosure which she might have had (although no valid defense has been raised in her petition) are now barred by laches due to her failure to raise them prior to the Sheriff s Sale. 14. Denied. The averment of paragraph fourteen (14) contains conclusion of law to which no response is necessary. To the extent that a response is required, it is specifically denied that the Petitioner is an indispensable party to the Plaintiffs Complaint in Mortgage Foreclosure as Petitioner is neither a mortgagor nor a real owner of the property. Strict proof to the contrary is demanded. 15. Denied. The averment of paragraph fifteen (15) contains conclusion of law to which no response is necessary. To the extent that a response is required, it is specifically denied that Petitioner is an indispensable party to Plaintiff s Complaint in Mortgage Foreclosure as she is neither a real owner nor a mortgagor of the property at issue. Strict proof to the contrary is demanded. Further, the Petition filed in this instant matter is moot as the property at issue was sold at the Sheriff Sale completed on September 5, 2007. A copy of the Sheriff s Deed transferring ownership to the Plaintiff is attached hereto, incorporated herein and marked as Exhibit "C". 16. Denied. The averment of paragraph sixteen (16) contains conclusion of law to which no response is necessary. To the extent that a response is required, it is specifically denied that this Honorable Court lacks jurisdiction over the subject matter. Further, the Petition filed in the instant case is moot as the property at issue was sold at the Sheriff Sale on September 5, 2007. Neither Petitioner nor Defendant has taken any action to set aside the Sheriff Sale. Strict proof to the contrary is demanded. WHEREFORE, Plaintiff respectfully requests that this Honorable Court deny and dismiss the Petition to Strike/ Petition to Vacate Judgment for Lack of Jurisdiction with prejudice. Respectfully submitted: PHELAN HALLINAN & SCHMIEG, LLP 11, h J -m,-oAli P. BY: Jos h P. chalk, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK , ESQUIRE Identification No. 91656 107 N. Front Street Suite 115 Harrisburg, PA 17101 (215) 563-7000 Wells Fargo Bank, N.A., S/B/M to Wells Fargo Home Mortgage, Inc. V. Stanley M. Deimler, Jr. Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 06-155 PLAINTIFF'S BRIEF IN SUPPORT OF ITS RESPONSE TO PETITION TO STRIKE/ PETITION TO VACATE JUDGMENT FOR LACK OF JURISDICTION I. PROCEDURAL HISTORY On December 2, 2003, Defendant Stanley Deimler, Jr. (hereinafter "Defendant") made, delivered and executed a mortgage on the property, which was recorded on December 10, 2003 in the Recorder of Deed of Cumberland County at Book No. 1847, Page No. 4838. Defendant failed to make the mortgage payments beginning September 1, 2005 and each month thereafter, and Plaintiff mailed an Act 91 Notice of its intent to foreclose to the Defendant at the property on November 7, 2005. Defendant failed to respond to the Act 91 Notice or otherwise reinstate or payoff the mortgage and Plaintiff filed its Complaint in Mortgage Foreclosure on January 9, 2006. The Defendant was served with the Complaint personally at the mortgage premises on January 17, 2006 by Cumberland County Sheriff's office. Defendant failed to file an Answer or otherwise respond to the Complaint and Plaintiff filed its Praecipe for Default Judgment on February 23, 2006. A Writ of Execution was issued and the property was listed for June 7, 2006 Sheriff Sale. Defendant filed Chapter 13 Bankruptcy on March 21, 2006 in the Middle District of Pennsylvania, at Docket No. 06-00456. As the result of the bankruptcy filing, Plaintiff stayed the June 7, 2006 Sheriff Sale. Defendant's Chapter 13 Bankruptcy was dismissed on May 24, 2006, and Plaintiff promptly reissued a Writ of Execution and scheduled the mortgaged premises for Sheriff Sale on December 6, 2006. Defendant filed a Chapter 13 Bankruptcy July 21, 2006 in the Middle District of Pennsylvania, at Docket No. 06- 01509. As a result of the Bankruptcy filing, Plaintiff was unable to proceed with the December 6, 2006 Sheriff Sale and therefore the sale was stayed. Subsequently, Plaintiff obtained relief from the automatic stay in Defendant's Chapter 13 Bankruptcy case on November 1, 2006, and therefore was able to proceed with its foreclosure action once again. After obtaining relief from the automatic stay in the Defendant's Chapter 13 Bankruptcy case, No. 06-01509, Plaintiff s counsel was notified that the Defendant had applied for PHFA assistance on or about December 4, 2006. Therefore, Plaintiff refrained from proceeding with its foreclosure action until PHFA issued a decision on Defendant's application for assistance. Defendant's application for PHFA assistance was denied on January 3, 2007, however, Plaintiff was not notified of the denial until February 14, 2007. Thereafter, Plaintiff reissued the Writ of Execution and scheduled the mortgaged premises for June 13, 2007. Subsequently, Defendant filed a Chapter 13 Bankruptcy on March 26, 2007, in the Middle District of Pennsylvania at Docket No. 07-00865. As a result of the bankruptcy filing, Plaintiff postponed the June 13, 2007 Sheriff Sale to September 5, 2007. Said postponement was effectuated by the Sheriff of Cumberland County, who made a public announcement of the postponement, including the new date, to the bidders assembled at the June 13, 2007 Sheriff Sale. Bankruptcy No. 07-00865 was dismissed on May 14, 2007 for failure file required documents under the United States Bankruptcy Code. On June 12, 2007, the Defendant filed his third Chapter 13 Bankruptcy within the last twelve (12) months in the Middle District of Pennsylvania at Docket No. 07-01799. Pursuant to recent changes in the Bankruptcy Code, Defendant's third filing within one year, after two prior cases were dismissed did not effectuate a stay of all proceedings. 11 U.S.C. § 362(c)(4)(A)(i). However, Plaintiff concerned with the fact that the Defendant continually filed Bankruptcies in attempt to stay the scheduled Sheriff Sale proceeded to file a Motion for in rem relief pursuant to 11 U.S.C. § 362(c)(4). On July 17, 2007, the Bankruptcy Court in the Middle District of Pennsylvania held a hearing on Plaintiff s In Rem Motion for Relief and granted Plaintiff s motion. The Order entered by the Bankruptcy Court pursuant to 11 U.S.C. § 362(d)(4) provided for a two (2) year bar which will entitle Plaintiff to take the property to Sheriff Sale regardless of any Bankruptcies filed by either Defendant or any other interested party. The property was exposed at the September 5, 2007 Sheriff Sale and was purchased by the Plaintiff for the outstanding taxes and costs. A Sheriffs Deed transferring title of the property to the Plaintiff was recorded on September 19, 2007 with the Recorder of Deeds of Cumberland County at Instrument No. 200736404. Petitioner filed the instant Petition to Strike or to Vacate Judgment for Lack of Jurisdiction on November 2, 2007. Plaintiff filed a Response to Petitioner's Petition to Strike/Petition to Vacate Jugdment for Lack of Jurisdiction simultaneously with this Brief. II. DEFENDANT HAS FAILED TO RAISE ANY LEGALLY SUFFICIENT BASES FOR OPENING THE JUDGMENT BY DEFAULT It is well settled that a default judgment may be opened if the moving party demonstrates a meritorious defense, the default is excusable or explainable, and the Petition to Open Judgment has been promptly filed. Balk v. Ford Motor Co., 446 Pa. 137, 285 A.2d 128 (1971). Graziani v. Randolph, 2004 Pa. Super. 319, 856 A.2d 1212 (2004). Dumoff v. Spencer, 754 A.2d 1280 (Pa. Super. 2000). Wolfskill v. Egan, 350 Pa. Super. 223, 504 A.2d 236 (1986). A default judgment may only be opened if all three requirements are met. Balk v. Ford Motor Co., 446 Pa. 137, 285 A.2d 128 (1971). The burden of proof rests upon the proponent of the petition to show by clear and convincing evidence that the circumstances warrant relief. Jefferson Bank v. Newton Associates, 454 Pa. Super. 654, 686 A.2d 834 (1996). Bornman v. Gordon, 363 Pa. Super. 607 (1987). In the instant case, Stanley Deimler, Jr., was personally served with the Complaint in Mortgage Foreclosure on January 17, 2006. He failed to file a responsive pleading or take any action prior to the entry of the default judgment on February 23, 2006, despite Plaintiff's February 7, 2006 ten day Notice of its intention to enter a default judgment. Petitioner, Lauren Deimler, who is neither a mortgagor nor a real owner of the mortgaged premises, offers no excuse as to why the Defendant failed to file a responsive pleading to the Complaint. Therefore, she failed to meet the legal requirement of showing that the Defendant's failure to appear could be excused. Secondly, the Petition filed by Lauren Deimler was not promptly filed. The default judgment was entered on February 23, 2006. The Defendant, Stanley Deimler, Jr., was repeatedly served with the Notices of Sale and the house was repeatedly posted with Notices during the course of the two year period during which, Mr. Deimler sought to stay Sheriff Sale by filing multiple bankruptcy cases. Notice of the sale was also repeatedly published in local newspapers. Rather then filing a Petition Open/Strike Judgment by Default, Mr. Deimler opted to file numerous Chapter 13 bankruptcy cases in an effort to frustrate the Plaintiff. During this two and a half year period of foreclosure and four bankruptcies, Lauren Deimler was certainly aware of the foreclosure proceedings, but simply opted to take no action. In fact, Petitioner, Lauren Deimler, waited to file her Petition to Strike/Petition toVacate Judgment for Lack of Jurisdiction until twenty-one (21) months after entry of judgment and two (2) months after the September 5, 2007 Sheriff Sale. The Pennsylvania Superior Court has held that a twenty-one (21) day delay in filing a Petition to Open Judgment is not timely. BCY, Inc. Equipment Leasing Associates v. Bukovich, 257 Pa. Super. 121, 398 A.2d 278 (1978). The Pennsylvania Supreme Court has held that a two and a half week delay was not prompt. McCoy v. Public Assistance Corp., 451 Pa. 495, 305 A.2d 698 (1973). Petitioner offers no explanation why she waited to file her Petition to Open and/or Vacate Judgment for Lack of Jurisdiction. Therefore, she failed to meet the legal requirements for promptly filing her Petition. Third, Petitioner has failed to raise any meritorious defense to this Mortgage Foreclosure Action. She has not asserted that the mortgage was not in default, nor has she addressed the mortgage default in any way. Petitioner simply states she should have been a named party in the foreclosure action. Pursuant to Pa.R.C.P. 1144, Plaintiff is required to name as a Defendant in a foreclosure action the mortgagor and any and all real owners of the property. Petitioner is neither a mortgagor nor a real owner of the subject premises. A copy of the Mortgage is attached hereto, incorporated herein and marked as Exhibit "A". A copy of the December 2, 2003 Deed transferring ownership to Stanley Deimler, Jr. is attached hereto, incorporated herein and marked as Exhibit "B". Petitioner has failed to provided any evidence to support her claim that she is required to be named as a Defendant in the foreclosure action. It is irrelevant whether the property was "marital property" under the divorce code. The instant proceeding was a mortgage foreclosure action, not a divorce. Section 3501 states, "As used in this chapter, `marital property' means...." (emphasis added). Therefore, Defendant has failed to raise any meritorious defense to the foreclosure action. III. PETITIONER DID NOT MEET THE LEGAL STANDARD FOR STRIKING THE JUDGMENT BY DEFAULT A petition to strike a default judgment operates as a demurrer to the record. A petition to strike a default judgment may be granted only for a fatal defect or irregularity appearing on the face of the record. Resolution Trust Corporation v. Copley Qu-Wayne Associates, 683 A.2d 269 (Pa. 1996). Graziani v. Randolph, 2004 Pa. Super. 319, 856 A.2d 1212 (2004). Generally, a defendant seeking to strike a default judgment must show that the Plaintiff failed to comply with Pa.R.C.P. 237.1 and that therefore the record is defective and will not support the entry of a default judgment. Fierst v. Commonwealth Land Title Ins. Co., 369 Pa. Super. 355, 535 A.2d 196 (1987). In the instant case, there is no defect appearing on the face of the record, which would support striking the default judgment. On the contrary, Defendant was personally served with the Complaint on January 17, 2006. Petitioner, Lauren Deimler, was not entitled to service of the Complaint as she was not a named defendant. Pursuant to Pa.R.C.P. 1144, Plaintiff is required to name as a defendant in its mortgage foreclosure action any and all mortgagors and real owners. Petitioner, Lauren Deimler, is neither a real owner nor a mortgagor. Further, Plaintiff s ten day notice of intention to file a default judgment in accordance with Pa.R.C.P. 237.1 was filed with the Court along with Plaintiff s default judgment. If Petitioner wanted the opportunity to litigate the foreclosure action or allege that she was an appropriate party to be named in the foreclosure action, she or her husband could have filed an Answer to the Foreclosure Complaint. However, the record is clear that neither the Defendant nor the Petitioner has met the burden of proving a fatal defect on the face of the record in support of the Petition to Open and/or Vacate Judgment for Lack of Jurisdiction. Therefore, Peitioner's Petition to Open and/or Vacate Judgment for Lack of Jurisdiction should be denied. IV. CONCLUSION In order for the Court to open a default judgment, the moving party must demonstrate a meritorious defense to the Complaint, that the default judgment is excusable or explainable and that the Petition to Open Judgment has been promptly filed. In the instant case, Petitioner, Lauren Deilmer, has failed to meet the burden of proof with the respect to the above legal requirements, and therefore, the request to open the default judgment should be dismissed with prejudice. In order for a default judgment to be stricken, the moving party must identify a fatal defect or irregularities appearing on the face of the record. In the instant case, the Petitioner has failed to identify a single defect on the face of the record. Defendant was served with all pleadings accordance with the Pennsylvania Rules of Civil Procedures. Petitioner was not entitled to service of any of the pleadings in Plaintiff s Foreclosure Action due to the fact the she was neither a mortgagor nor a real owner, and therefore was not required to be a Defendant pursuant to Pa.R.C.P. 1144. Therefore, Petitioner's request that this Court strike or vacate the default judgment should be dismissed with prejudiced. WHEREFORE, Plaintiff respectfully requests that this Honorable Court deny and dismiss the Petition to Strike/ Petition to Vacate Judgment for Lack of Jurisdiction with prejudice. Respectfully submitted: PHELAN HALLINAN & SCHMIEG, LLP ,UIJA 0 "a.". BY: 4WAVIff % 1 4 Jos P. chalk, Esquire Att rney for Plaintiff EXHIBIT A : tPGBEpT F. ZIEGLFR ?ECC?,?DER Cr DEEH ti??.,ZLlta?? COUIITI r ,., ' ?3 ;)r 10 RN 10 11 pO°r Qvalit . Y Re?ordjn? Inf i o. RECORD AND RETURN TO: JRS Settlement Services Inc. 1502 Plymouth Blvd Plymouth Meeting, PA 19462 Prepared by: Return To: SHERRY L. KELLEY WELLS FARGO HOME MORTGAGE, INC, WELLS FARGO HOME MORTGAGE, INC. FINAL DOCUMENTS X4701-022 4041 ESSEN LANE ##300 3601 MINNESOTA DRIVE BATON ROUGE, LA 70809- BLOOMINGTON, MN 55435-5284 Parcel Number: da-- 9753 -1a7 (Space Above This Line For Recording Data] MORTGAGE DEFINITIONS 0133936682 Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated DECEMBER 2, 2003 , together with all Riders to this document. (B) "Borrower" is STANLEY DEIMLER, AN UNMARRIED PERSON. Borrower is the mortgagor under this Security Instrument. (C) "Lender" is WELLS FARGO HOME MORTGAGE, INC. Lender is a Corporation organized and existing under the laws of THE STATE OF CALIFORNIA PENNSYLVANIA- Single Family y--,Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Page 1 of 19 Initials: I) SK] 8 4 7 PG,4 8-18, FORM 3099 1101 SPA01 Rev 08/13/01 Lender's address is P. 0. BOX 5137, DES MOINES, IA 503011.5137 Lender is the mortgagee under this Security Instrument. (D) "Note " means the promissory note signed by Borrower and dated DECEMBER 2, 2004 The Note states that Borrower owes Lender ONE HUNDRED THIRTY-ONE THOUSAND SEVEN HUNDRED FIFTY AND NO1100 Dollars (U.S. 5 .....1.31,1; ............) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than JANUARY 1, 2034 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]; Adjustable Rate Rider ? Condominium Rider ?Second Home Rider ? Balloon Rider ? Planned Unit Development Rider ? 1-4 Family Rider ? VA Rider ? Biweekly Payment Rider ® Other(s) [specify] Prepayment Rider (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (1) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Properly by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. SPA02 Rev 12118/00 Pape 2 of 19 Initials -1 FORM) 3039 11M 8K 1.8.4.7 PG 48390 . 1 (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C,F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note, and (ii) the performance of Borrower's convenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the County of CUMBERLAND [Type of Recording Jurisdiction] (Name of Recording Jurisdiction) LEGAL DESCRIPTION IS ATTACHED HERETO AS SCHEDULE "A" AND MADE A PART HEREOF. which currently has the address of 308 WERTZ AVENUE Street) MONROE (City), Pennsylvania 17055 (Zip Code) ("Property Address'): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." SPA03 Rev 11103/DD Page 3 of 1B Initials'ro"-`?- FORM 3099 1101 8K 1847PG4840 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non- uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal 5PA01 Rev 11l03/W Pope 4 of 18 In?Uals:? FORM 3939 1101 111% 1847PG484 V 1 balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the 'Funds') to provide for payment of amounts due for; (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called 'Escrow Items.' At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase 'covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any lime by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the SPAOS Rev 11/03/00 Pape 5 of 18 Ind1315, W- FORM 3039 1101 8KI847PG4842 maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument. Lender shall promptly refund to Borrower any Funds held by Lender. 4, Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. SPA06 Rev 16105/00 Page 6 Of JK 18 4.7M . 3., FORM 30.19 1101 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage,' and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an abjection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower. Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name tender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of toss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period. Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration sPA07 Rev 10ro5i00 Page 7 of 18 Initials FORM 3039 1901 BKI847PG4844 in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds, Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; tnspec6ons. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition, Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the SPADE Rev 10/0900 Page a of Ia Indisls:\'I \ FORM 3039 1101 II847PG4.845, Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are Rol limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 14. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost SPA09 Rev 11/13/W Papa 9 of 18 tn?tiats: FORM 3039 1101 BK 1841PG4846, substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact the the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designed payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designed payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender for any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce tosses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance! Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners protection Act of 1998 or any other law, These rights may include the right to receive certain disclo res, to request and obtain SPAIO Rev 11/13/00 Page 10 of IB Initials. FORM 3= 1101 6K 1847PG4847 cancellation of the Mortgage Insurance, to have the Mortgage insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Properly to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds. Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Properly in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Properly immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the dale the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, SPAII Rev 11/000 rage 11 of Is IniLals'? FORM 3039 1101 on 184 7PG4848, whether or not then due. "Opposing Party" means the third parry that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's inlerest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a 'co-signer°): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provision of Section 113, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges, Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the SPA12 Rev 11/03/00 Page 12 of 18 Initials' FORA 30M 1101 8"184.7PG.4849- Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of a fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. SPA13 Rev 11/03/00 Page 13 of 18 Initials I FORM 3039 1101 6K 1847PG4850 As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, 'Interest in the Property' means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred, However, this right to reinstate aball not apply in the case of SPA14 Rev 12/.7/00 Page 11 of 18 Initials ,)(?\ FORM 3039 1101 B" 18 4,7 PG-4 8 51 acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer or servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or tender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances' are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) 'Environmental Law' means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environment Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The SPAIS Rev 10/05100 Pape 1S o1 18 Indials lu J 1/ FORM 3039 1101 BK1847PG4852 preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to mantenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of lime, exemption from attachment, levy and sale, and homestead exemption. SPA16 Rev 10105= Page 16 of 18 Initials" FORM 3079 1101 BI 18 47PG4853. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment, Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note, BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: (Seal) JS NLEY DEIMLER Borrower SPA17 Rev 12/27/00 Page 17 of 16 10 11/ FORM 3039 1101 BI{I847PG4854 Certificate of Residence 1, , do hereby certify that the correct address of the within-named Mortgagee is P. O. BOX 5137, DES MOINES, IA 50306-5137 Witness my hand this 2ND day of DECEMBER, 2003 Agent of Mortgagee COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND On this, the 2ND day of DECEMBER, 2003 officer, personally appeared STANLEY DEIMLER, AN UNMARRIED PERSON. County ss: before me, the undersigned known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: Li don Arm ,;t Apr. f? Member.PenntylvanisAOeoOftlbndNOtgfbB n+IAJ A/ SPA18 Rev 12127/OD Page 18 of 78 SK1847PG4.85:5. Exhibit A ALL THAT CERTAIN tract or land situate in Monroe Township, Cumbcrland County, Pennsylvania, bounded and described as follows. BEGINNING at a point on the western line of Wertz Avenue, said point being at the dividing line between Lots Nos. 64 and 65 on the hereinafter mentioned Plan of Lots; thence along said dividing line, South 86 degrees 26 minutes 40 seconds West, one hundred and six and sixty-five hundredths (106.65) feet to a point; thence North 38 degrees 53 minutes West, ninety-nine and forty- _ • the dividing line between. Lots Nos. 65 and 66 on said Plan; thence along said dividing line, North 77 degrees 45 minutes East, one hundred fifty (150) feet to a point on the western line of Wert. Avenue; thence continuing along the line of Wertz Avenue, South 12 degrees 15 minutes East, one hundred five (105) feet to a point. the place of BEGINNING. HAVING thereon erected a one-story brick ranch-type dwelling house with attached garage, known as No. 308 Wertz Avenue, Mechanicsburg, Pennsylvania. BEING Lot No. 65 on the Amended Plan No. 1 of Trindle Spring Garden, recorded in Plan Book 10 at Page 53. BEING the same premises which Richard A. Kauffinan and Elaine A. Kauffman, husband and wife by Deed dated May 24, 1996, and recorded May 28, 1996, in Book 139, Page 1095, granted and conveyed unto Charles L. Miller, Jr., in fee. OZ/TO 3Ddd BKf.847PG4856 t83S 1N3WTU13S Sdf PrE6ELL9TZ 8b:TT E06Z/Z©/ZT ADJUSTABLE RATE RIDER 0133936682 TWO YEAR 1 SIX MONTH ARM 1 LIBOR Index - Rate Caps) THIS ADJUSTABLE RATE RIDER is made this Znd.dar o! g9MBEtt,. QP ................ and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Deed to Secure Debt (the "Security Instrument'j of the same date given by the undersigned (the "Borrower' to secure Borrower's Note to ....................................................................................................................... WELLS FARGO HOME MORTGAGE, INC :................................................................................ .. the °Lenderl of the same date and covering the property described in the Security Instrument and located at: ......30B WERT.Z AVENUE, MONROE,.P14..17055....... .......... . ....... ................................................................... .... (Property Address) THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIANTS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of .... 7-M......... %. The Note provides for changes in the interest rate and The monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate 1 will pay may change on the first day of JANV Y,M06,,,,,,,, , and on that day every sixth month thereafter. Each date on which my interest rate could change is called a 'Change Date.' (B) The Index Beginning with the first Change Date, my interest rate will be based on an index. The "Index" is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR', as published in The Wall Street Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index! MULTISTATE ADJUSTABLE RATE RIDER • LIBOR INDEX • Single Family Form 3182 1101 EC108L Rev 1111SM Freddie Mac Uniform Instrument BKI847PG4857 0133936682 If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate m new interest rate by adding six .and.one-eighth ............... ....................percentage points (....6:1 5........ %) to the Current Index. .... ..... The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments, The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than „10;875.......% or less than .......%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than .one ................................................................ percentage points (......... PP .......%) from the rate of interest I have been paying for the preceding six months. My interest rate will never be greater than .... 3.875.........%. My interest rate will never be less than ....7.87.5........ %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. 1 will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the title and telephone number of a person who M11 answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER. Uniform Covenant 18 of the Security Instrument is amended to read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if a Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, bender may require immediate payment in full of all sums MULTISTATE ADJUSTABLE RATE RIDER - LIBOR INDEX • Single Family Form 319: 1101 MOBIL Rev 11/14/00 Freddie Mat Instrument BK.1841'PG4858 0133936682 secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lenders security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lenders consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument Althout further notice or demand on Borrower. BY SIGNING BELOW, Borrower accepts and es to a and covenants contained in this Adjustable Rate Rider. (Seal) -Borrower MULTISTATE ADJUSTABLE RATE RIDER • LIBOR INDEX. Single Family Form 3192 1/01 EC108L Rev 11115/00 Freddie Mac Insirumenl BKI847PG4859 PREPAYMENT RIDER 0133936682 THIS PREPAYMENT RIDER is made this ...N....... day of ...UJUMAER.... ....M.... , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to ................................................ WELLS FARGO HOME MORTGAGE INC. of the same date and covering the Property described in the Security Instrument and located at: 308 WERTZ„AVENUE,,MONROE,,PA„17055,,,,,,. ............................................ (Property Address) PREPAYMENT COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: I have the right to make payments of principal at any time before they are due. A prepayment of all of the unpaid principal is known as a "full prepayment." A prepayment of only part of the unpaid principal is known as a "partial prepayment." Except as provided below, I may make a full prepayment or a partial prepayment at any time without paying any penalty. However, if within the first .two ...... (.1.) year(s) after the execution of the Security Instrument I make full prepayment, I will pay a prepayment charge in an amount equal to the payment of six (6) months' advance interest, at the interest rate provided for under the Note, on the amount prepaid which is In excess of twenty percent (20%) of the original principal amount. Prepayment Rider (AK, AL, CA, CO, CT, DE, DC, FL, GA, HI, ID, IN, IA, KS, KY, LA, MD, MS, MO, MT, NE, NV, NH, NJ, NM, NY, ND, OK, PA, RI, So. TN, TX, UT, VT, WA, WY) (Page 1 of 2) EC200L Rev. 09105/03 BR'! 841PG48.6.0- .a 0133936682 BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this Prepayment Rider. fi- - ___ (Seal) STANL EIMLER -Borrower Prepayment Rider (AK, AL, CA, CO, CT, DE, DC, FL, CA, HI, ID, IN, IA, KS, KY, LA, MD, MS, MO, MT, NE, NV, NH, NJ, NM, NY, ND, OK, PA, RI, SD, TN, TX, UT, VT, WA, WY) (Page 2 of 2) EC200L Rev. 09/05/03 i Certify tl?is to be recorded h) C miberland County PA Recorder of Leeds I847PG4861 B :t:. - -,{_ _ _ - ! -.7: •_!:.•_ -?}. - L'F.- .I-?- Vii. - - _ .:jYp r? _ _ .5 ?..- _?- _ - ? _ _ - r' -r. -: f' _ _ ``i' _ - -..? : - - :?.` ? - _ _ _ - _ ?+Y - +,? ; - tits - - - :.y+i r:?::;, =?'? .T- _ •? _ - - - - +z' - :c 't. .z -. _ ^F v'W' - - '• rte" ..i. . ?'. x'1- r - -w' r.-:- 'f i? - '- - - ? t.. _: j? - ?i: - - - - ?y'.x - n0. ? .aG. ::!'!tt '?: ""pit='r'.-``? _ '--.r_ r?•- ? - - - ?i?-- _ _ _ - - ?, ? - ;....: _ K: -. 1: - __ 'j_-- h. _ ?' Y.? _ ,? ' .. - ?._ fs a `_? _ Yi F'.. ` ,ay' _ _ ' ? ' .#?• ?... • .:-.,a• - - .: •. moss- ? _ ...:.?; _ - .? r.• - - - .. - . . 12/20,12005 17:14 TEL 7175997794 J CONRAD. 2064 2/02/2$$3 12:50 21577393 4 JRS SE7TLETENT >M1 PAGE 01/83 RD pz- KT 1'. f. I ECM AND RETURN TO: ` M n E C O F1 D wit 0 t R E E S Settlement Services Inc. , F, LA N 0 COUNTY r :1502 Plymouth Blvd Plymouth Meeting PA 18462 13 DEC 10 Aid 10 11 Me No. JRS-1789 F& rd M No. 22-244783 :I+.27 z'il?t[x, ado 2nd any oFDecmbear, zoos, Th' oetween CRpf tI ss L. MMLLE.B, JB. (hmv?mgftw trued the Ciraum), Of the one part lmd STANUY v Nranaft calw & s G"Mo), ofthe othar E+att, lVitn cttb, that tc mid Q= w for and is =sidention of dw sum of iOro Ebm&W and T" 11W F"r Thwamd Aud 001300 Dolwss (S14,o"A) UwN moW of the Ua ;tad Swas of Anwica, ardo himw011andtrulypzAbytheiaidQmatmatorbef etlw samUMand(19&uYbeM4tfisro:,dpt whereof is haraby mlaaowladgad, has met4 bupined and sold, Mused iad confim od. and by i We pres0nts duos Sra#, bargain and sell, Mew and eonfim unto the acid Cam:, so $do oamar ALL THAT CMLTAIN freer or lead dbmo ' M,onoae Townslnp, C lndsad County, Pennsylvania, bounded and described as follows: BEOR44ING at npciAt an the wostom 1118 of We= AVGM'% Sdd point being at the div=digl: . line ba>rwccdLots Nos. 64 sad 65 oa the haasus?m+antiwedlhtm?? 1,09r, d six and ! ll?e &v44 bee, south 86 degm a 26 mmutas 40 swm4 west, hmd?reddu (106.6 fact to a point; tbaaaa North. 38 deamm 53 "'muter:] Wept, DiAOV-3 m in .k jay. roe huadredtbs (99.43) fmt to a point at tba dividing lane betwet o Lou-Nos. 65 and 6 5 cm said Plain} d mce dose said dividing line, Noah 77 depws 45 minutes Bast, one h=dmd fit :I? (150) feat to s poW on dw western Tina of Waft Ave=,. gm= cocrthming along the line o1' Wertz Mmue, Sow 12 deg 15 w inutes East, OUG h=Atd Evs (1 C 5) feet to I poizit, the plate of BEGMN NG. HAVING thereon erected a onastory brick rude-0W dw&" boast 'with armed garage, known as No. SOS Wertz Av=ue, MeclnawicsbM1U , Pennsylvania. BMWG Lot No. 65 on the Amended Plan No. I of tiadle Spring Oaxdm, mcodded in Plan 14mk 10 at Page 53. WK 26) M?73764 12/20:2005 17:15 TEL 7175997794 J CONRAD 12/02/2003 12:50 2157739344 JR5 SETTLEMEM X21 411 065 1','4E 02/93 BM N0 the s= prmsas which Richard A. Kafiram and Elaine A. Kmiffaaan, husband tied =1 wife by Deed dated May 24,1996, and rocatded MaY 29,19960 in Book 139, Pap 1093, gram and conveyed mato C roles L. Mdltr, Jr., in fie. %0g4tr ?pf ail and si r ft bmUM amd imPrav=ots, wlys, *Zctss &13*yti #I4 soatiwe??, , arau*00? r i es, ??^ ua°°'an, sod i Pirort MW tb . astt?` or in >mywim Vp & end the mv?"r send *0' ? . oim o ??d remaia?ders. a? ? ptgtlta th?pCeo 4s ,watt at L a$ in equity. ? ? sx?d to 60 smiW. dm mand whabo?r of tom, &a aid gramar, 2;0 bat Mb to DaRy & 3ga ja or of Found 4,1,*b*d abcn a, wft the bVE&SP I rd erectod. Amags and Praises ba*y • or j anmd k t aa4W :10 ?o .Into fist Ud Grantee, kw hahs aad saes, to Enid fariba oaly ptWW Ilm to be, w0h ths and bcboof of ft said Qmmat, bur%mirs and mismii , 6orem- %[nb thv said GrmzAor, f& barself wad bet bm% eocecatas and Wminutirators. does, by these PM* also to and with tbo said Gr anue. b w h*8 and , that ? &e odd Grm xw, anndherrbudts, t eiiatua?d' ? bum dcsarm d aad Vsai4 or monde m-A ad he e? snd poses i and. inteaded so to be, ,with the aPpvsca?acca, mWV the swd Gra o lm her hdc, aad of*134 agglM b ro, the 364 G =Uc and bw tam god spill SD and rAW other PaM aad F=S w msoGNW Umd Illy g or 14 CIAM *C MM or any part tbom4 by, from or Uodff him, , it, or any 0f dXm. MW urid wi11 1parrattt dub f orebeti Admib. 3n 39f Z" 30bereat tbo of the 5* ra bAs n +o sac harbtnd and seal. natodtbo tIaY aad year fast above wrbum otda nb,meubtta nv T#M stxCE aF US: {sou ,a ,.Oogp A asri t L. Matter, 7r. w. 4 2 8 i W) PACF3765 ate..-^ 12/20/2005 17:15 TEL 7175997794 • _ _ ' 12/02/2003 12:50 _ 215779344 J CONRAD 0 066 ORS SET1I?J?ENT SERI :'AGE 03/03 ?aaaweald? of pvm"tvmia I as County of C=bwlaad on tt tha tad day Qj Decamber? 2003, bIRM MO& the ? Not?y ??' Jr, kw" m rno (or ?? o fa po An suI rib -' to ? Wbfin hOUIMIM4 and aclmaw> tLat she exaqued VIJUM OF, I bcvunW set MY and official Beal. -.? Public 1V?y commi"W Wis. . ?- no-named Crntx lr: 308 Wertz AV=v4 Me&*Wab M PA 37035 On behalf of *$ Crarctoa File No. JPS-17" Racoed and ram to: yes vrse ?14A =0 $iUW" Road UatbeM PA 19M Aar Ah- TA!.W ??V ? _o o ? 'WO I Certify this :o be recorded In, Cumberland Cou my'PIA Recorder of Deeds Ole ?- ,- awn ?. ¦1 1 a ?- to ?R V Q 260 PAGF3766 'CA M_ 14 ?.= Tax Parcel No. 22-24-0783-127 Know all Men by these Presents That I, R. Thomas Kline, Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of $1.00, (One Dollar), to me in hand paid, do hereby grant and convey to Wells Fargo Bank, N.A., s/b/m to Wells Fargo Home Mortgage, Inc. REAL ESTATE SALE NO. 99 Writ No. 2006-155 Civil Term Wells Fargo Bank, N.A., s/b/m to Wells Fargo Home Mortgage, Inc. VS Stanley M. Deimler, Jr. Atty. Daniel Schmieg DESCRIPTION ALL THAT CERTAIN tract or land situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the western line of Wertz Avenue, said point being at the dividing line between Lots Nos. 64 and 65 on the hereinafter mentioned Plan of Lots; thence along said dividing line, South 86 degrees 26 minutes 40 seconds West, one hundred and six and sixty-five hundredths (106.65) feet to a point; thence North 38 degrees 53 minutes West, ninety-nine and forty-three hundredths (99.43) feet to a point at the dividing line between Lots Nos. 65 and 66 on said Plan; thence along said dividing line, North 77 degrees 45 minutes East, one hundred fifty (150) feet to a point on the western line of Wertz Avenue; thence continuing along the line of Wertz Avenue, South 12 degrees 15 minutes East, one hundred five (105) feet to e pd", the place of BEGINNING. HAVING thereon erected a one-story brick ranch-type dwelling house with attached garage, known as No. 308 Wertz Avenue, Mechanicsburg, Pennsylvania BEING Lot No. 65 on the Amended Plan No.1 of Trindle Spring Garden, recorded in Plan Book 10 at Page 53. BEING the same premises which Richard A. Kauffman and Elaine A. Kauffman, husband and wife by Deed dated May 24, 1996, and recorded May 28, 1996, in Book 139, Page 1095, granted and conveyed unto. Charles L. Miller, Jr., in fee. Being Parcel # 22-24-0783-127 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Stanley Deimler, by Deed from Charles L. Miller, Jr., dated 12-2- 03, recorded 12-10-03 in Deed Book 260, page 3764. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Charles L. Miller, Jr., by Deed from Richard A. Kauffman and Elaine A. Kauffman, husband and wife, dated 5-24-96, recorded 5-28-96 in Deed Book 139, page 1095. Premises: 308 Wertz Avenue, Monroe, PA 17055 t. 1 The same having been sold by me to the said grantee on the 5th day of September Anno Domini Two Thousand and Seven (2007) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 13th day of March Anno Domini 2007 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Six (2006) Number 155 at the suit of Wells Fargo Bank, N.A. s/b/m to Wells Fargo Home Mortgage, Inc. against Stanley M. Deimler, Jr. In Witness Wereof, I have hereunto affixed my signature thisl7th day of SePt"ber Anno Domini Two Thousand and Seven (2007) . Thomas Kline, Sheriff Commonwealth of Pennsylvania, ss. County of Cumberland Before the undersigned, Curtis Long, Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, personally appeared R. Thomas Kline, Sheriff of Cumberland County aforesaid, and in due form of law declared that the facts Set forth in the foregoing Deed are true, and that he acknowledged the same in order that Said deed might be recorded. Witness my hand and seal of said Court, thisl7th day of SePt• Anno Domini Pro onotary I hereby certify that the residence And Post Office address of the Within Grantee is 3476 Stateview Blvd. Fort Mill, SC 29715 Solicitor ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200736404 Recorded On 9/19/2007 At 9:27:28 AM * Instrument Type - DEED-SHERIFF'S Invoice Number - 4816 User ID - RAK * Grantor - DEIMLER, STANLEY M * Grantee - WELLS FARGO BK N A * Customer - CUMB CO SHERIFF * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $12.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $39.50 * Total Pages - 5 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA cv , I RECORDER O D DS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 0004ZO IIIIIN111111111111111111 VERIFICATION Joseph P. Schalk , Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Response to Petition to Strike/ Petition to Vacate Jud ent for Lack of Jurisdiction are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. PHELAN HALLINAN & SCHMIEG, LLP BY: 46 r I" J eph P. Schalk, Esquire Attorney for Plaintiff Date: 3 10'?- PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 107 N. Front Street Suite 115 Harrisburg, PA 17101 (215) 563-7000 Wells Fargo Bank, N.A., S/B/M to Wells Fargo Home Mortgage, Inc. Attorney for Plaintiff Court of Common Pleas Civil Division V. Stanley M. Deimler, Jr. Cumberland County No. 06-155 CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Response to Petition to Strike/ Petition to Vacate Judgment for Lack of Jurisdiction, Brief in Support thereof, Proposed Order, and attached exhibits were served by regular mail on the date listed below on the following: Lauren Deimler, Pro Se 308 Wertz Avenue Mechanicsburg, PA 17055 Stanley M. Deimler, Jr. 308 Wertz Avenue Mechanicsburg, PA 17055 DATE: 1 O B T• Y: Jo bh , Esquire Attorney for Plaintiff ,. r .., -? + '?'1 -? ?_ 4. . `...: j r 1 .. __ !1 ?+._ .:. ?, ? ?.J a PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 107 N. Front Street Suite 115 Harrisburg, PA 17101 (215) 563-7000 Wells Fargo Bank, N.A., S/B/M to Wells Fargo Home Mortgage, Inc. V. Stanley M. Deimler, Jr. Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 06-155 PLAINTIFF'S RESPONSE TO LAUREN DEIMLER'S PETITION FOR EMERGENCY RELIEF IN THE NATURE OF A STAY OF EXECUTION OF JUDGMENT AND COMES NOW, Plaintiff, Wells Fargo Bank, N.A., S/B/M to Wells Fargo Home Mortgage, Inc., by and through its attorneys, Phelan Hallinan & Schmieg, LLP, and files this Response to Petition for Emergency Relief in the Nature of a Stay of Execution of Judgment and in support thereof avers as follows: 1. Admitted. It is admitted that the Petitioner, Lauren Deimler, filed a Petition to Strike/Petition to Vacate Judgment for Lack Jurisdiction concurrently with the instant motion. Plaintiff filed a Response to said Petition on or about December 4, 2007. The Petition to StrikeNacate Judgment must be denied as meritless. Therefore, Lauren Deimler has failed to state any valid basis for a stay. 2. Denied. With respect with to the foreclosure action, Petitioner is neither a real owner nor mortgagor of the property at issue, and therefore, is not a necessary party to be named in Plaintiff s Complaint in Mortgage Foreclosure. Strict proof to the contrary is demanded. Further, if Lauren Deimler lives in the subject property then she was aware of the foreclosure proceedings, the property having been posted with notice of the September 5, 2007 Sheriff s Sale. Any defenses to foreclosure which she might have had (although no valid defense has been raised in her petition) are now barred by laches due to her failure to raise them prior to the Sheriff s Sale. This foreclosure action has been pending almost two years. Stanley Deimler filed six (6) bankruptcies petitions to delay foreclosure proceedings, docket numbers 98-02816, 99- 03741, 06-22456, 06-01509, 07-00865, and 07-01799 all in the Middle District of Pennsylvania. The Deimlers have had more than enough time to find alternate housing. The Deimlers are also familiar with foreclosure proceedings, and clearly know it was necessary to find alternate housing, as they were Defendants in a foreclosure action filed in the Cumberland County Court of Common Pleas at docket number 98-672 regarding their prior home. Denied. The averment of paragraph three (3) contains conclusions of law to which no response is necessary. To the extent that a response is required, the Petition for Emergency Relief in the Nature of a Stay filed is moot as the property at issue was sold at the Sheriff Sale completed on September 5, 2007. A copy of the Sheriff s Deed transferring ownership to the Plaintiff is attached hereto, incorporated herein and marked as Exhibit "A". The Sheriff Sale having been completed and no Motion to Set Aside Sale having been filed, Plaintiffs execution upon its judgment is finished. 4. Plaintiff's response to this petition is timely, as it is being filed within seven days of service of Court's November 21, 2007 Rule Returnable Order, which Plaintiff received on November 30, 2007, as is reflected in the order and envelope attached hereto, made part hereof and marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that this Honorable Court deny and dismiss the Petition for Emergency Relief in the Nature of a Stay of Execution of Judgment with prejudice. Respectfully submitted: PHELAN H/A, LLINAN & SCHMIEG, LLP 9 1., A , - BY: 4 v L 4 V.& P• K A J eph . chalk, Esquire At orney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 107 N. Front Street Suite 115 Harrisburg, PA 17101 (215) 563-7000 Wells Fargo Bank, N.A., S/B/M to Wells Fargo Home Mortgage, Inc. V. Stanley M. Deimler, Jr. Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 06-155 PLAINTIFF'S BRIEF IN OPPOSITION TO PETITION FOR EMERGENCY RELIEF IN THE NATURE OF A STAY OF EXECUTION OF JUDGMENT 1. PROCEDURAL HISTORY On December 2, 2003, Defendant Stanley Deimler, Jr. (hereinafter "Defendant") made, delivered and executed a mortgage on the property, which was recorded on December 10, 2003 in the Recorder of Deed of Cumberland County at Book No. 1847, Page No. 4838. Defendant failed to make the mortgage payments beginning September 1, 2005 and each month thereafter, and Plaintiff mailed an Act 91 Notice of its intent to foreclose to the Defendant at the property on November 7, 2005. Defendant failed to respond to the Act 91 Notice or otherwise reinstate or payoff the mortgage and Plaintiff filed its Complaint in Mortgage Foreclosure on January 9, 2006. The Defendant was served with the Complaint personally at the mortgage premises on January 17, 2006 by Cumberland County Sheriff's office. Defendant failed to file an Answer or otherwise respond to the Complaint and Plaintiff filed its Praecipe for Default Judgment on February 23, 2006. A Writ of Execution was issued and the property was listed for June 7, 2006 Sheriff Sale. Defendant filed Chapter 13 Bankruptcy on March 21, 2006 in the Middle District of Pennsylvania, at Docket No. 06-00456. As the result of the bankruptcy filing, Plaintiff stayed the June 7, 2006 Sheriff Sale. Defendant's Chapter 13 Bankruptcy was dismissed on May 24, 2006, and Plaintiff promptly reissued a Writ of Execution and scheduled the mortgaged premises for Sheriff Sale on December 6, 2006. Defendant filed a Chapter 13 Bankruptcy July 21, 2006 in the Middle District of Pennsylvania, at Docket No. 06- 01509. As a result of the Bankruptcy filing, Plaintiff was unable to proceed with the December 6, 2006 Sheriff Sale and therefore the sale was stayed. Subsequently, Plaintiff obtained relief from the automatic stay in Defendant's Chapter 13 Bankruptcy case on November 1, 2006, and therefore was able to proceed with its foreclosure action once again. After obtaining relief from the automatic stay in the Defendant's Chapter 13 Bankruptcy case, No. 06-01509, Plaintiff's counsel was notified that the Defendant had applied for PHFA assistance on or about December 4, 2006. Therefore, Plaintiff refrained from proceeding with its foreclosure action until PHFA issued a decision on Defendant's application for assistance. Defendant's application for PHFA assistance was denied on January 3, 2007, however, Plaintiff was not notified of the denial until February 14, 2007. Thereafter, Plaintiff reissued the Writ of Execution and scheduled the mortgaged premises for June 13, 2007. Subsequently, Defendant filed a Chapter 13 Bankruptcy on March 26, 2007, in the Middle District of Pennsylvania at Docket No. 07-00865. As a result of the bankruptcy filing, Plaintiff postponed the June 13, 2007 Sheriff Sale to September 5, 2007. Said postponement was effectuated by the Sheriff of Cumberland County, who made a public announcement of the postponement, including the new date, to the bidders assembled at the June 13, 2007 Sheriff Sale. Bankruptcy No. 07-00865 was dismissed on May 14, 2007 for failure file required documents under the United States Bankruptcy Code. On June 12, 2007, the Defendant filed his third Chapter 13 Bankruptcy within the last twelve (12) months in the Middle District of Pennsylvania at Docket No. 07-01799. Pursuant to recent changes in the Bankruptcy Code, Defendant's third filing within one year, after two prior cases were dismissed did not effectuate a stay of all proceedings. 11 U.S.C. § 362(c)(4)(A)(i). However, Plaintiff concerned with the fact that the Defendant continually filed Bankruptcies in attempt to stay the scheduled Sheriff Sale proceeded to file a Motion for in rem relief pursuant to 11 U.S.C. § 362(c)(4). On July 17, 2007, the Bankruptcy Court in the Middle District of Pennsylvania held a hearing on Plaintiff's In Rem Motion for Relief and granted Plaintiff's motion. The Order entered by the Bankruptcy Court pursuant to 11 U.S.C. § 362(d)(4) provided for a two (2) year bar which will entitle Plaintiff to take the property to Sheriff Sale regardless of any Bankruptcies filed by either Defendant or any other interested party. The property was exposed at the September 5, 2007 Sheriff Sale and was purchased by the Plaintiff for the outstanding taxes and costs. A Sheriff s Deed transferring title of the property to the Plaintiff was recorded on September 19, 2007 with the Recorder of Deeds of Cumberland County at Instrument No. 200736404. Petitioner filed the instant Petition to Strike or to Vacate Judgment for Lack of Jurisdiction on November 2, 2007, along with the instant Petition for Emergency Relief in the Nature of a Stay of Execution of Judgment. On November 21, 2007, this Honorable Court entered a Rule to Show Cause upon the Plaintiff to show cause why the Petitioner's requests should not be granted. The Rule was received by the Plaintiff by first class mail on November 30, 2007. Pursuant to the Rule, any and all responses are to be filed within seven (7) days of service of the Rule. Plaintiff has filed its Response to the Petition for Emergency Relief in the Nature of a Stay of Execution of Judgment, as well as its Response to Petition to Strike or to Vacate Judgment for Lack of Jurisdiction within seven days of receipt of the Rule. II. PETITIONER IS NOT ENTITLED TO EMERGENCY RELIEF IN THE NATURE OF A STAY OF EXECUTION UPON JUDGMENT In the instant case, Petitioner, Lauren Deimler, has filed both a Petition for Emergency Relief in the Nature of a Stay of Execution of Judgment and a Petition to Strike/Petition to Vacate Judgment for Lack of Jurisdiction. Petitioner seeks a stay of execution upon judgment entered in the foreclosure action until the Court can rule upon her Petition to Strike/Petition to Vacate Judgment. Emergency relief in the nature of a stay upon execution is inappropriate as Plaintiff has already completed execution upon its foreclosure judgment by virtue of the Sheriff Sale completed on September 5, 2007. Plaintiff obtained title to the mortgaged property by Sheriff Deed recorded on September 19, 2007 with the Recorder of Deeds of Cumberland County at Instrument No. 200736404. The foreclosure action is complete, no action to set aside the sale has been taken, and execution upon Plaintiff's judgment is final. Further, with respect to the pending Petition to Strike/Petition to Vacate Judgment, Petitioner, Lauren Deimler, has failed to raise any meritorious defense to this Mortgage Foreclosure Action. She has not asserted that the mortgage was not in default, nor has she addressed the mortgage default in any way. Petitioner simply states she should have been a named party in the foreclosure action. Pursuant to Pa.R.C.P. 1144, Plaintiff is required to name as a Defendant in a foreclosure action the mortgagor and any and all real owners of the property. Petitioner is neither a mortgagor nor a real owner of the subject premises. Additionally, Petitioner has failed to provide any evidence to support her claim that she is required to be named as a Defendant in the foreclosure action. It is irrelevant whether the property was "marital property" under the divorce code. The instant proceeding was a mortgage foreclosure action, not a divorce. Section 3501 states, "As used in this chapter, `marital property' means...." (emphasis added). Therefore, Defendant has failed to raise any meritorious defense to the foreclosure action. This foreclosure action has been pending for almost two years. Lauren Deimler was clearly aware of the foreclosure proceedings, as notice of the sale was posted on the house, and Stanley Deimler filed repeated bankruptcy petitions to delay the foreclosure proceedings. Although the Sheriff s Sale took place on September 5, 2007, the petitioner has failed to vacate the premises three months later. Plaintiff was forced to bring an eviction action docketed in the Cumberland County Court of Common Pleas at 07-5644. It would be inequitable to delay Plaintiff any further from recovering its unjust financial losses. III. CONCLUSION This Court should not hesitate to deny Petitioner's request because the Court has not been presented with any competent evidence that would support the grant of the extraordinary relief requested by the Petitioner in this case. As Petitioner has not presented any law or evidence in support of her Petition and as Petitioner's contentions are meritless, the Petition should be dismissed and denied with prejudice. WHEREFORE, Plaintiff respectfully requests that this Honorable Court deny and dismiss the Petition for Emergency Relief in the Nature of a Stay of Execution of Judgment with prejudice. Respectfully submitted: PHELAN HALLINAN & SCHMIEG, LLP AAA BY: Jo P. chalk, Esquire Att rney for Plaintiff EXHIBIT A . 1 1 ?hs Tax Parcel No. 22-24-0783-127 Know all Men by these Presents That I, R. Thomas Kline, Sheriff of the County of Cumberland, in the State of Pennsylvania, for and in consideration of the sum of $1.00, (One Dollar), to me in hand paid, do hereby grant and convey to Wells Fargo Bank, N.A., s/b/m to Wells Fargo Home Mortgage, Inc. REAL ESTATE SALE NO. 99 Writ No. 2006-155 Civil Term Wells Fargo Bank, N.A., sibim to Wells Fargo Home Mortgage, Inc. VS Stanley M. Daimler, Jr. Atty. Daniel Schmieg DESCRIPTION ALL THAT CERTAIN tract or land situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the western line of Wertz Avenue, said point being at the dividing line between Lots Nos. 64 and 65 on the hereinafter mentioned Plan of Lots; thence along said dividing line, South 86 degrees 26 minutes 40 seconds West, one hundred and six and sixty-five hundredths (106.65) feet to a point; thence North 38 degrees 53 minutes West, ninety-nine and forty-three hundredths (99.43) feet to a point at the dividing line between Lots Nos. 65 and 66 on said Plan; thence along said dividing line, North 77 degrees 45 minutes East, one hundred fifty (150) feet to a point on the western line of Wertz Avenue; thence continuing along the line of Wertz Avenue, South 12 degrees 15 minutes East, one hundred five (105) feet to b poltit, the place of BEGINNING. HAVING thereon erected a one-story brick ranch-type dwelling house with attached garage, known as No. 308 Wertz Avenue, Mechanicsburg, Pennsylvania BEING Lot No. 65 on the Amended Plan No.1 of Trindle Spring Garden, recorded in Plan Book 10 at Page 53. BEING the same premises which Richard A. Kauffman and Elaine A. Kauffman, husband and wife by Deed dated May 24, 1996, and recorded May 28, 1996, in Book 139, Page 1095, granted and conveyed unto Charles L. Miller, Jr., in fee. Being Parcel # 22-24-0783-127 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Stanley Deimler, by Deed from Charles L. Miller, Jr., dated 12-2- 03, recorded 12-10-03 in Deed Book 260, page 3764. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Charles L. Miller, Jr., by Deed from Richard A. Kauffman and Elaine A. Kauffman, husband and wife, dated 5-24-96, recorded 5-28-96 in Deed Book 139, page 1095. Premises: 308 Wertz Avenue, Monroe, PA 17055 The same having been sold by me to the said grantee on the 5th day of September Anno Domini Two Thousand and Seven (2007) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 13th day of March Anno Domini 2007 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Six (2006) Number 155 at the suit of Wells Fargo Bank, N.A. s/b/m to Wells Fargo Home Mortgage, Inc. against Stanley M. Deimler, Jr. In Witness Wereof, I have hereunto affixed my signature thisl 7th day of septed r Anno Domini Two Thousand and Seven (2007) . Thomas Klme, Sheriff Commonwealth of Pennsylvania, ss. County of Cumberland Before the undersigned, Curtis Long, Prot honotarY of the Court of Common Pleas of Cumberland County, Pennsylvania, personally appeared R. Thomas Kline, Sheriff of Cumberland County aforesaid, and in due form of law declared that the facts Set forth in the foregoing Deed are true, and that he acknowledged the same in order that Said deed might be recorded. Witness my hand and seal of said Court, thisl7th day of SePt• Anno Domini Proth notary I hereby certify that the residence And Post Office address of the Within Grantee is 3476 Stateview Blvd. Fort Mill, SC 29715 04- Solicitor d ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200736404 Recorded On 9/19/2007 At 9:27:28 AM * Instrument Type - DEED-SHERIFF'S Invoice Number - 4816 User ID - RAK * Grantor - DEIMLER, STANLEY M * Grantee - WELLS FARGO BK N A * Customer - CUMB CO SHERIFF * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $12.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $39.50 * Total Pages - 5 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA PAIL OF D t?ao * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. fT. J _ S T. fSa__ .. .__ _ _ !. .._ .. - l z .r . - - _ .. _...._ __ ... -.'s n.._ . t .. . y w -: -r 'r' ti- z --ts s t ; , * i I - ,,? 'f ' -, -, --' '. :? -? - , - -- ? . . .i ? ? , , -.-., - - - .: 1 :¢r- r.. .. .,ry: zs_ .. ., ' ' a Y . : _ . . :.-.. _ ... . -.: E t. } , , I , ? "*, - *? - - - : , , . , ? ?. :-, - - .- - I ? " M. '! , `- 7 - ?? i 7 .1 I , ? ,.---- - . - , } - - . ? - :,- , - - ??- -9?- ,., , " - - , - I - ? - I . r ._ . - - - - - - - -- - ; . F F :.a J, , ;• ? 1?. ,.?t ?-,.r Z?... e - -;, :: ? i w , -- . ,-,- ; ,-, . . -- I . : 1. , 4 1 - :, : ?-" -' *. ' ' -.-. -t - j . . } t. - . . . , - . . ? . - . , . . . ., w. . . . . - ? :. - ? • .. .. •- .. . . _ _ - 0. - y .. - - - - .. .. .. .. I, . - s - . • . .. i . +. .' .. .. . .- _ - .. .. . [-- ? , ? * . I 1. I . y. E - - M- - , -t - , -- T- . ? , . _ . . __. - .. . . . _ t. ...: . .. .- . . -_ -. ..- .. -:. .. -.. .- _- _ . . - WELLS FARGO BANK, N.A., : IN THE COURT OF COMMON PLEAS OF s/b/m to WELLS FARGO HOME : CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE, INC. Plaintiff V. CIVIL ACTION - LAW STANLEY M. DEIMLER, JR. Defendant NO. 06-155 CIVIL TERM ORDER OF COURT AND NOW, this 21" day of November, 2007, upon consideration of (1) the Petition for Emergency Relief in the Nature of a Stay of Execution of Judgment filed by Lauren Deimler, and (2) the Petition To Strike/Petition To Vacate Judgment for Lack of Jurisdiction filed by Lauren Deimler, a Rule is hereby issued upon all interested parties to show cause why the relief requested should not be granted. RULE RETURNABLE within 7 days of service. BY THE COURT, a ' G. Schmieg, Esq. P Hallinan & Schmieg, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Stanley M. Deimer, Jr. 308 Wertz Avenue Mechanicsburg, PA 17055 Defendant, pro Se Lauren Deimler 308 Wertz Avenue Mechanicsburg, PA 17055 Petitioner, pro Se :rc a tD 4. ta• ',s w? co 00 ?. CD p A S. ?(0 .a a j '00 ?. C3) CD O? C- O?c? ? tD t:r CD CD O CD rf n O "G O Jo (j) tp is G , G -+ (D OD C)- tD y O .P p O O C?. t' i ' ? ?a VERIFICATION Joseph P. Schalk , Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Response to Petition for Emergency Relief in the Nature of a Stay of Execution of Judgment are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. PHELAN HALLINAN & SCHMIEG, LLP BY: 41 J eph P. Schalk, Esquire Attorney for Plaintiff Date: lal?w PHELAN IIALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 107 N. Front Street Suite 115 Harrisburg, PA 17101 (215) 563-7000 Wells Fargo Bank, N.A., SB/M to Wells Fargo Home Mortgage, Inc. V. Stanley M. Deimler, Jr. Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 06-155 CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Response to Petition for Emergency Relief in the Nature of a Stay of Execution of Judgment, Brief in Support thereof, Proposed Order, and attached exhibits were served by regular mail on the date listed below on the following: Lauren Deimler, Pro Se 308 Wertz Avenue Mechanicsburg, PA 17055 DATE:lMD Stanley M. Deimler, Jr. 308 Wertz Avenue Mechanicsburg, PA 17055 By: Jo ph P. chalk , Esquire Attmey for Plaintiff '"' c? c:. ` J .Ti ?:? ? °? : -,? ??r 1 ?,.1 ,'" } -j { .? ??-'k .. ? ;.? ?r .. { .:+ e s WELLS FARGO BANK, N.A., : IN THE COURT OF COMMON PLEAS OF s/b/m to WELLS FARGO HOME : CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE, INC. Plaintiff V. : CIVIL ACTION - LAW STANLEY M. DEIMLER, JR. : Defendant : NO. 06-155 CIVIL TERM IN RE: PETITION TO STRIKE/PETITION TO VACATE JUDGMENT FOR LACK OF JURISDICTION BEFORE OLE, J. ORDER OF COURT AND NOW, this 10th day of December, 2007, upon consideration of Lauren Deimler's Petition to Strike/Petition To Vacate Judgment for Lack of Jurisdiction, and of Plaintiffs Response to Lauren Deimler's Petition To Strike/Petition To Vacate Judgment for Lack of Jurisdiction, the petition to strike/petition to vacate judgment for lack of jurisdiction is dismissed. BY THE COURT, f ? J. Wesley Oler, ., J. Joseph P. Schalk, Esq. ,^elan, Hallinan & Schmieg, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff n .i,,.? ;? "^? ?'?;??, ,, _? r.=??l. ?,. ,1..3