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HomeMy WebLinkAbout06-0581 PHELAN HALLlNAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLlNAN, ESQ., Id. No. 62695 < ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, lNe. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 ATTORNEY FOR PLAlNTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM C!/Ui LY8tZ-r1. v. NO. OL -, .s-PI CUMBERLAND COUNTY STEPHANIE L. HElNZMAN DWIGHT A. HElNZMAN 195 CHESTNUT GROVE ROAD SOUTHAMPTON TOWNSHIP, P A 17257 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 File #: 129681 File#: ]29681 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. - 1. 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: STEPHANIE L. HEINZMAN DWIGHT A. HEINZMAN 195 CHESTNUT GROVE ROAD SOUTHAMPTON TOWNSHIP, P A 17257 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 02/16/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to EQUITY ONE INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1675, Page: 830. By Assignment of Mortgage recorded 03/01101 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 668, Page 84. 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 10/01/2005 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 #: 129681 6. The following amounts are due on the mortgage: Principal Balance Interest 09/01/2005 through 01/25/2006 (Per Diem $24.40) Attorney's Fees Cumulative Late Charges 02/16/200 I to 01/25/2006 Cost of Suit and Title Search Subtotal $116,795.91 3,586.80 1,250.00 93.38 $ 550.00 $ 122,276.09 Escrow Credit Deficit Subtotal - 297.18 0.00 ~ 297.18 TOTAL $ 121,978.91 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 $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 121,978.91, together with interest from 01/25/2006 at the rate of $24.40 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP 7~~ <d' )dIi~ By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 129681 LEGAL DESCRIPTION ALL that certain tract ofland situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Wilbur H. Clifton, R.S., dated May 5., 1985 and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 48, Page 7. BEGINNING at a P.K. nail in the centerline ofT-323, Chestnut Grove Road at comer of Lot No.3 on said Plan; thence along Lots 3 and 4, South 53 degrees 55 minutes 26 seconds East 371.06 feet to an iron pin at comer of Lot No. I; thence along Lot No. Ion said Plan, South 36 degrees 04 minutes 34 seconds West 195.00 feet to a monument; thence along lands of Paul L. Hosfelt, North 54 degrees 13 minutes West 302.11 feet to a P.K. nail in the centerline ofT-323, Chestnut Grove Road; thence along the centerline ofT-323, Chestnut Grove Road, North 16 degrees 44 minutes 36 seconds East 208.29 feet to a P.K. nail, the Place of BEGINNING. CONTAINING 1.513 acres and being Lot No.2 on the Plan of Deer Crossing Estates. PROPERTY BEING: 195 CHESTNUT GROVE ROAD File #, 12968 I VF,RIFTCA TION 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 th(~ Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa, R. C. P. 1024 ( c) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. .~ J ~ec-_ FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: /~s~ / ~~...::::. f '" ..Q.... ",.. " ;:J ~ '0. U"t ~ ~ Y\ U"t 4 1:: () w :1 ~ .l::. b - .. ~ ,~ o ~, -"t"'lij:' ,-r-1(\" ;,:: -, / S:! l~~ ~.~.: '~:l- i: , ):;,.~, -< ~ 'l -\ \t ~- t ~ ~~ ~..~ rl ~~ r-~ ~ <::.~:) (~"^"' 8 <- :r,~ :;;Z: o -n --t ::c fnfQ ::qiJJ ''-'1' di~;~ ;-"\ ::1 ..;.('"') t'j\O .:...\ :t-"'" -"-') ::<. N -' -0 :.:;;':': <.:: 0'" \ , SHERIFF'S RETURN - REGULAR CASE NO: 2006-00581 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A ET AL VS HEINZMAN STEPHANIE L ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HEINZMAN STEPHANIE L the DEFENDANT , at 1322:00 HOURS, on the 2nd day of February, 2006 at 195 CHESTNUT GROVE ROAD SHIPPENSBURG, PA 17257 by handing to STEPHANIE HEINZMAN a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 14.96 .00 10.00 .00 42.96 So Answers: ir'~.c:-/~ R. Thomas Kline 02/03/2006 PHELAN HALLINAN SCHMIEG A.D. Sworn and Subscribed to before me this 7!':: day of y I '- SHERIFF'S RETURN - REGULAR CASE NO: 2006-00581 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A ET AL VS HEINZMAN STEPHANIE L ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HEINZMAN DWIGHT A the DEFENDANT , at 1322:00 HOURS, on the 2nd day of February 2006 at 195 CHESTNUT GROVE ROAD SHIPPENSBURG, PA 17257 by handing to STEPHANIE HEINZMAN, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ,/')/-" r~.::J:?r,~:;"'..f;~"';~'\'::>~;":~ 'j '" '" l /~ ... -'...i:~~d R. Thomas Kline 02/03/2006 PHELAN HALLINAN SCHMIEG me this r!!:- day of Sworn and Subscribed to before By: J PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVlEW BOULEVARD FORT MILL, SC 29715 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 06-581 STEPHANIE L. HEINZMAN DWIGHT A. HEINZMAN 195 CHESTNUT GROVE ROAD, SOUTHAMPTON TOWNSIDP, PA 17257 Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against STEPHANIE L. HEINZMAN and DWIGHT A. HEINZMAN, 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 1/26/06 to 3/9/06 TOTAL $121,978.91 $1,049.20 $123,028.11 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. Ulf(\\~~:\[)\'ih0(WJ ^_ ,/ DANIEL G: SCHMIEG, ESQUIRE Attorney for Plaintiff DATE: fYl'dnJ 10 J.,()lJb I DAMAGES ARE HEREBY ASSESSED AS INDICATED. PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., [d. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (71 ,) '01-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK, N.A., S/BIM TO WELLS : COURT OF COMMON PLEAS FARGO HOME MORTGAGE, INe. Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY STEPHANIE L. HEINZMAN : NO. 06-581 DWIGHT A. HEINZMAN Defendants TO: DWIGHT A. HEINZMAN 195 CHESTNUT GROVE ROAD SOUTHAMPTON TOWNSIDP, PA 17257 DATE OF NOTICE: FFRRlJARV n 2000 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 WDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, P A 19103 (? 1 ,) '1i1-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK, N.A., SIBIM TO WELLS : COURT OF COMMON PLEAS FARGO HOME MORTGAGE, INe. Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY STEPHANIE 1. HEINZMAN : NO. 06-581 DWIGHT A. HEINZMAN Defendants TO: STEPHANIE L. HEINZMAN 195 CHESTNUT GROVE ROAD SOUTHAMPTON TOWNSHIP, PA 17257 DATE OF NOTICE: FFRRTTARV 21 2006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.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 MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BL YD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVlEW BOULEVARD CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 06-581 STEPHANIE L. HEINZMAN DWIGHT A. HEINZMAN Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Ames, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant STEPHANIE L. HEINZMAN is over 18 years of age and resides at , 195 CHESTNUT GROVE ROAD, SOUTHAMPTON TOWNSHIP, PA 17257. (c) that defendant DWIGHT A. HEINZMAN is over 18 years of age, and resides at , 195 CHESTNUT GROVE ROAD, SOUTHAMPTON TOWNSHIP, PA 17257. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. r' : '\ jlt~ \(;\'J Jill\/' DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ~^t - -- f ~ j ~ v--...o ~ D ..(G.. ...0 '- \) o -ot -~ ~r- ~ ~ -+-- ~ ,....., ....... ::;-1___ r> .----- (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW WELLS FARGO BANK, N.A., SIBIM TO WELLS FARGO HOME MORTGAGE, INC. 3476 STA TEVIEW BOULEVARD CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 06-581 STEPHANIE L. HEINZMAN DWIGHT A. HEINZMAN Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ~{1rlI6 200 10 BY~~ If you have any questions concerning this matter, please contact: ~, r \~ ~ ~(- . W'0J \~~1~ DANIEL G. SCHM EG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." PHELAN HALLINAN & SCHMIEG By: DANIEL G. SCHMIEG IDENTIFICATION NO. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (? 1 ~) ~1i,-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO BANL, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE,INC. : CUMBERLAND County : Court of Common Pleas Plaintiff : CIVIL DIVISION vs. : NO. 06-581 STEPHANIE L. HEINZMAN DWIGHT A. HEINZMAN Defendant(s) PRAECIPE TO VACATE .mOc.MF.NT WTTHOTTT PRIUTJDWE TO THE PROTHONOTARY: Kindly vacate the Judgment which was entered on 3/10/06 against STEPHANIE L. HEINZMAN and DWIGHT A. HEINZMAN, Defendants, in the amount of$123028.l 1 relative to the instant matter, without prejudice, upon payment of your costs only. Dated: MARCH 22, 2006 jJJ'}/L- IEL G. _G, ESQUIRE Attorney f/laintiff --- --" ,~ ':::i~ ~~ "'" ~ ~~ '0 ~ i$ ~ ~ , ~ ~-?I :c-l -~ r~-?~ -. U-T _ 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 ]400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff, CUMBER AND COUNTY COURT 0 COMMON PLEAS CIVIL DItISION NO. 06-5 I v. STEPHANIE L. HEINZMAN DWIGHT A. HEINZMAN Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR ANSWER AND ASSESSMENT OF DA TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and a ainst STEPHANIE L. HEINZMAN and DWIGHT A. HEINZMAN, Defendant(s) for fail e to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure an Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 1126/06 to 5/30/06 TOTAL $12 ,978.91 $3 050.00 $12 ,028.91 I hereby certify that (I) the addresses of the Plaintiff and Defen ant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy atta hed. DANIEL G. SCH lEG, ESQUIRE Attorney for Plain iff DAMAGES ARE HEREBY ASSESSED AS INDICA TED. DATE: (r'/':J.'i ~ [ I acob PRO ~ PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, P A 19103 (71') ,';1-7000 ATTORNEY FOR AINTIFF WELLS FARGO BANK, N.A., S/BIM TO WELLS :COURTOFCOMMO PLEAS FARGO HOME MORTGAGE, INC. Plaintiff : CML DMSION Vs. : CUMBERLAND CO STEPHANIE L. HEINZMAN : NO. 06-581 DWIGHT A. HEINZMAN Defendanls TO: DWIGHT A. HEINZMAN 195 CHESTNUT GROVE ROAD SOUTHAMPTON TOWNSffiP, PA 17257 DATE OF NOTICE: FFRRTl A RV n 2f\06 lHIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS INFORMATION OBTAINED FROM YOU WILL BE USED FO PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THI SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO C ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE DEBT. THIS NOTICE IS SENT TO FERRED TO HEREIN, AND ANY THAT PURPOSE.IF YOU HAVE CORRESPONDENCE IS NOT AND LLECT A DEBT, BUT ONLY AS YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE CO T YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF lHIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. F YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE AN PROVIDE YOU WITIf INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MA BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES 0 ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOC TION 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 (800)990-9108 F CIS S. HALLINAN, ESQUIRE A orneys for Plaintiff . PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATIORNEY FOR LAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Sclnnieg, Esq., Id. No. 62205 Philadelphia,PA 19103 (21';) ';61-7()()() WELLS FARGO BANK, N.A., S/B/M TO WELLS : COURT OF COMMO PLEAS FARGO HOME MORTGAGE, INe. Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND CO TY STEPHANIE L. HEINZMAN DWIGHT A. HEINZMAN Defendants : NO. 06-581 TO: STEPHANIE L. HEINZMAN 195 CHESTNUT GROVE ROAD SOUTHAMPTONTOWNSlllP,PA 17257 DATE OF NOTICE: FF.RRlJA.RV 21 2006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS INFORMATION OBTAINED FROM YOU WILL BE USED F PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, SHOULD NOT BE CONSTRUED TO BE AN ATIEMPT TO ENFORCEMENT OF LIEN AGAINST PROPERTY. DEBT. THIS NOTICE IS SENT TO FERRED TO HEREIN, AND ANY TIiAT PURPOSE.IF YOU HAVE S CORRESPONDENCE IS NOT AND OLLECT A DEBT, BUT ONLY AS IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY A TIORNEY AND FILE IN WRITING WITH THE CO T YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOu. UNLESS YO ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YO WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE AN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE Y BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THA T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOC nON 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 (800)990-9108 F CIS S. HALLINAN, ESQUIRE A orneys for Plaintiff . PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FbR PLAINTIFF ! Plaintiff, CUMBER I AND COUNTY COURT O~ COMMON PLEAS CIVIL DItlSION NO. 06-58 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. 3476 ST A TEVIEW BOULEVARD v. STEPHANIE L. HEINZMAN DWIGHT A. HEINZMAN Defendant(s). VERIFICATION OF NON-MILITARY S RVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies th he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has nowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Na al Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sai ors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant STEPHANIE L. HEINZMAN is 0 er 18 years of age and resides at, 195 CHESTNUT GROVE ROAD, SOUTHAMPTO TOWNSHIP, PA 17257. (c) that defendant DWIGHT A. HEINZMAN is over 8 years of age, and resides at, 195 CHESTNUT GROVE ROAD, SOUTHAMPTO TOWNSHIP, PA 17257. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCH IEG. ESQUIRE Attorney for Plain iff \) ~ ~ p ...() ~ 0 1t 0 I;.~.:;' -11 \L c: (..r' -' \) L:~' ......". ::c.-I'" "...:: (i ..._:c.. - :~ Cole \) r'Y.l," - , <'1"1\:0, ~ ,-,,' --'}'-" lr{ -/, ; . -~ - ..,,(:. - ..-_.-"1"' ~ '\) , ...." 'd-n ~ "<v "<;) r ~"" \~~ (), - ~ b ( .. ...,.;'" Q.f '-'1 ~2 - ~ ""- \: -L o~ ~ €' k . , (Rule of Civil Procedure No. 236) - Re+ised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA , CIVIL ACTION - LAW WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. 3476 ST A TEVIEW BOULEVARD CUMBER AND COUNTY COURT 0 COMMON PLEAS CIVIL DI ISION Plaintiff, v. NO. 06-S8r STEPHANIE L. HEINZMAN DWIGHT A. HEINZMAN Defendant(s). Notice is given that a Judgment in the above-captioned matter has bee entered against you on ('1';;1-1 .~ ( 200 ~ I By: If you have any questions concerning this matter, please contact: DANIEL G. SCH lEG, ESQUIRE ~ Attorney for Plain iff ONE PENN CENT RAT SUBURBAN ST A nON 16] 7 JOHN F. KE NEDY BL YD., SUITE 1400 PH]LADELPHIA. A ]9]03-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A EBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIO SLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TH]S DEBT WAS NOT REAFFIRMED, THIS CORRES ONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT NL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY-* PRAECIPE FOR WRIT OF EXECUTION - (MORTGA E FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, v. No. 06-581 STEPHANIE L. HEINZMAN DWIGHT A. HEINZMAN Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 5/30/06 to SEPTEMBER 6, 2006 (per diem -$20.55) $2, 34.45 and Costs TOTAL $127,063.36 DANIEL G. SCHMIEG, E QUIRE One Penn Center at Suburb n Station 1617 John F. Kennedy Boul vard, Suite 1400 Philadelphia, PA 19103-18 4 Attorney for Plaintiff Note: Please attach description of property. No. IMPORTANT NOTICE: This property is sold at the plaintiff. It ma not be sold in the absence of the plaintiff at the Sheriff's Sale. The sale m stayed in the event that a representative of the present at the sale. irection of the a re resentative of st be postponed or plaintiff is not >- 0:- .a: ~ 'UJ-:; f2~;: '; ~i.. (~)c'\ :~l\c;,'~ cuo_ =:! lU u-;E u_ o ........ ",,,, ........ r-r- ........ << ~~ . . ~~ ~~ 00 ...... ZZ 00 ...... ~~ ~... ..... 60 ",,,, ""~ u Z ~~ S ~~ o~ o~ ... .,; ~;, i-' . ;:J \;Il\;ll " ~~ ~1lJ Zz U >> ;;.. ee~ << ~'E o~ t ~rJ) ~~ ~c '" rJ)C l;ril ::s " zZ ~~ '" ...... .D o~ ~ "" Q ~ 01 .... ~~ '0 1lJ~ ZZ e ~ . z.~ :C1lJ ~~ ~~ '" .:C ... o~ ~1lJ ,;, ,.J . Ss ~ UZ ~~ ;;.. 1lJ< ~~ UU 0. ",,;:J ctlO ....i-' ,,~ ",,,, " 00 0= ~:c <;-<;- ... ~Q " U =S ....- .D ~~ ~o 1lJ6 :3: ~~ <Ii ;:J~ <~ 1lJ~ ~ '" .... " 8; ""< ~ U .;j ! rJ)"" IlJ ~1lJ :jrJ) ~ ~ .~ 1lJ:j ... ...~ ~ ~1lJ ~;:J ~ U J~ " - , " - ~ ~ " - ~J - " ... , {J~ - '" :::: - ... ... , , I \ (JI 8 a () ~ () \J ..j () \:) ac;. It)Cl Ol.J)Q- () VJ Vir-(; uia-:.lt)~Ii:i -- ~ ...j "t1,- -~ ..... lI) '-0 "" ....... ~ >.D f:: 7:-:: -::'-'" :.;c 0... C'? >- 0< ::JJ:: """ = = "" C'') " ~,~~ I ...~- " LlJ ,._-2[L :s () 1 .~ -r .2 ".-., .... ....... --.... It] ~ ~ t1- \jpL -Q \. --J "l ~~ ~C: -.. WRIT OF EXECUTION and/or ATTACHMEN COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06 581 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N. ., SIB/M TO WELLS FARGO HOME MORTGAGE, INC., Plaintiff (s) From STEPHANIE L. HEINZMAN AND DWIGHT A. HEINZMAN (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied pon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the g 'shee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering a y property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is ound 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 $125,028.91 L.L. $.50 Interest FROM 5/30/06 TO 9/6/06 (PER DIEM - $20.55) - $2,034.45 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $154.96 Other Costs Plaintiff Paid Date: MAY 31, 2006 ~~S~ o G (Seal) Prothonotary By: Dep ty REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PIDLADELPIDA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ill No. 62205 ~-- ! PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN ST A nON 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEt FOR PLAINTIFF WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. CUMBERiAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DI'I'ISION STEPHANIE L. HEINZMAN DWIGHT A. HEINZMAN NO. ~t I I i Defendant(s). CERTIFICATION , I DANIEL G. SCHMIEG, ESQUIRE, hereby verifies tha~ he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to th~ provisions of Act 91 because it is: : ! o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled i , I This certification is made subject to the penalties of 18 Pa. C.S. Sebtion 4904 relating to unsworn falsification to authorities. I DANIEL . SCHMIEG, ESQUIRE Attorney fl r Plaintiff ""'-, " (;.~- Zl ::,( ~ ,0 = -n c,..~ ?~. :::r; w -;J ~ -' \ "lo. WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, CUMBERtAND COUNTY 1 I COURT Of COMMON PLEAS I CIVIL DI'l'ISION NO. 06-58~ v. STEPHANIE L. HEINZMAN DWIGHT A. HEINZMAN Defendant(s). AFFIDAVIT PURSUANT TO RULE 3b9 (Affidavit No. I) WELLS FARGO BANK N.A. S/BIM TO WELLS FARGO HOM MORTGAGE INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUI , sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 195 CHESTNUT GROVE ROAD SOUTHAMPTON T WNSHIP PA 17257. I. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address ( f address cannot be reasonably ascertained please indicate) STEPHANIE L. HEINZMAN 195 CHESTNUT G OVE ROAD SOUTHAMPTON OWNSHIP, PA 17257 DWIGHT A. HEINZMAN 195 CHESTNUT G OVE ROAD SOUTHAMPTON OWNSHIP, PA 17257 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose ju gment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertain d, please indicate) None \ .. 4. Name and address of last recorded holder of every mortgage of rec9rd: ! I Name Last Known Addres (if address cannot be reasonably ascertain d, please indicate) EQUITY ONE, INCORPORATED 400 LIPPINCOTT RIVE MARL TON, NJ 0 53 , 5. Name and address of every other person who has any record lien o~ the property: Name Last Known Addres (if address cannot be reasonably ascertain d, please indicate) None 6. Name and address of every other person who has any record interes in the property and whose interest may be affected by the sale. Name Last Known Addres (if address cannot be reasonably ascertain d, please indicate) None 7. Name and address of every other person of whom the plaintiff has nowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertain d, please indicate) Tenant/Occupant 195 CHESTNUT G OVE ROAD SOUTHAMPTON OWNSHIP, PA 17257 Domestic Relations of Cumberland County 13 North Hanover treel Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 171 5 I verify that the statements made in this affidavit are true and co ect to the best of my personal knowledge or information and belief. I understand that false statement herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to a thorities. May 30. 2006 DATE j) DANIEL G. SCHMIE Attorney for Plaintiff , r-' c:.? ,"" 0' ~,; '-, -- 0' - '~. - c" -z. =--j ......,.. . - -c' ::i,: o -n ~-r) rl~\ :-9J(:) ;~-?,C? '-'-:--1' ;20 'S~f\l 'V' ~ - .. - .....l .~ f WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, CUMBER AND COUNTY No. 06-581 v. STEPHANIE L. HEINZMAN DWIGHT A. HEINZMAN Defendant(s). TO: STEPHANIE L. HEINZMAN 195 CHESTNUT GROVE ROAD SOUTHAMPTON TOWNSHIP, PA 17257 DWIGHT HEINZMAN 195 CHEST UT GROVE ROAD SOUTHAM TON TOWNSHIP, PA 17257 ""THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A BT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY ECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SH ULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN A AINST PROPERTY."" Your house (real estate) at 195 CHESTNUT GROVE ROA SOUTHAMPTON TOWNSHIP. PA 17257. is scheduled to be sold at the Sheriffs Sale n SEPTEMBER 6. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Stre t, Carlisle, PA 17013, to enforce the court judgment of $125,028.91 obtained by WELLS FARGO BA K N.A. SIBIM TO WELLS FARGO HOME MORTGAGE. INC. (the mortgagee) against you. I the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C. ., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action I. The sale will be cancelled if you pay to the mortgagee t e back payments, late charges, costs and reasonable attorney's fees due. To find out ho much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition ask ng the Court to strike or open the judgment, if the judgment was improperly entered. Yo may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other leg proceedings. .." . You may need an attorney to assert your rights. The sooner yo contact one, the more chance you will have of stopping the sale. (See notice on page two on how to btain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AN YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sol 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 he bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sherifft 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, ou 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 a ount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may ring 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 Sherif within 30 days of the sale. This schedule will state who will be receiving that money. The money will e 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 get ing your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT 0 CEo IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPH NE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HEL . IMPORTANT NOTICE: This property is sold at the direction of t e plaintiff. It mav not be sold in the absence of a re resentative of the laintiff at the Sheriffs ale. The sale must be postponed or stayed in the event that a representative of the pia ntiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY FERRAL CUMBERLAND COUNTY BAR ASSOCI TION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTH CARLIS,LE, PA 17013 (717) 249-3166 (800) 990-9108 -.. . 0 .--., 0 c"' C C~ -'n ,,;,... 0' r'" -,,'.~ .-l :;::"'" :r: -n , rn p": -, '0 rr"; W ':0 '"( '~_:!~.~ u .' '- ':~ ('j , , ~5 en ~~ ~ ~~ :;g -.J --.. AFFIDA VIT OF SERVICE '- CUMBERLAND COUNTY PLAINTIFF WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. No. 06-581 ACCT. #2607048 I DEFENDANT(S) STEPHANIE L. HEINZMAN DWIGHT A. HEINZMAN SERVE: DWIGHT A. HEINZMAN 195 CHESTNUT GROVE ROAD SOUTHAMPTON TOWNSHIP, PA 17257 Type of Action - Notice of SheriIT's Sale Sale Date: SEPTEMBER 6, 2006 SERVED Served and made known to 11.-11'9 ~ r A 1-1 C',',,"i: _"I. Defendant, on the 10 . 2004. at t(~l-Ct ,0'c1ock~.m..at 1<1S" C"'rSt--+ ~1'O"'e ~c1 dayof 'J",-,,,,,e , Commonwealth of Pennsylvania, in the manner described below: .......Defendant personally served. V Aduh family member with whom Defendant(s) reside(s). Name and Relationship is __Adult in charge of Defendam(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 Defendam(s)'s office or usual place of business. an officer of said Defendant(s)'s company. , \r-J- {e Other: J........ . <"'\1" ("0 L I ~ Description: Age..:!":!. - HeIght ~ Weight 1- Race --""oL Sex -L.... Other I, D Q. ....~.d. ~"'~ S , a competent adult, being duly sworn according to law, depose and slate that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. By: f)c--J ~ J 'L:._i ' r ,,' ,v L~<f l!'*!l~"l:1;fERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE PATRICIA E. HARf;!S ATTEMPTED. Commission Expires June 16, :_~J NOT SERVED On the day of ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant " 1 Attempt: I I Time: 2nd Attempt: / / Time: 3rd Attempt: I I Time: Sworn to and subscribed before me this _ day of ,200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire J.D. No. 62205 <: 3 .~( ., ow,.-.-- (')' ,:= Ul :::0 L.) -..:::: ,--.;:; r:::::) I-~ 0:::;"> C) -01 ~-'" C:;) AFFIDAVIT OF SERVICE P1..A!~{TJFF WELLS FARGO BANK, N.A., SIB/M TO WELLS FARGO HOME MORTGAGE,INC. CUMBERLAND COUNTY I DEFENDANT(S) STEPHANIE L. HEINZMAN DWIGHT A. HEINZMAN No. f6-581 -ACtT.#2607048 SERVE: STEPHANIE L. HEINZMAN 195 CHESTNUT GROVE ROAD SOUTHAMPTON TOWNSHIP, PA 17257 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 6, 2006 SERVED Served and made known to 5"ie plt(\,,,,, I c. J.. lie,'.. 'l -"', Defendant, on the at '{lq.o'c!ockem.,at_1Qr; CJ..~d-......t ~,.... 2J. it) day of J".. -t e , 200~, , Commonwealth of Pennsylvania, in the manner described below: /Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendanl(s) reside(s). Agent or person in charge of Defendant(s)'s office or usuarplace of business. an officer of said Defendant(s)'s company. Other: Description: Age fD ..ro Height 5"1)" Weight t 30 Race W Sex L Other I, b c...,,' J ICe; h et' r 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. S rnt a su~~d o fore ethis 200ty ~ ()"'._~ J1 L y: --- ... By ))' ~V' 7~ iiJstA.1"R,MPT S VICE AT LEAST 3 TIMES. INDICATE DATES& TIMES OF SERVICE ATTEMPTED. PATRICIA E "."'" Commission Expires June W. ~\oJ3 NOT SERVED On the day of .200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant I" Attempt: I I Time: 2nd Attempt: I I Time: 3rd Attempt: I I Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: / By: Attorney for Plaintiff Daniel G. Schmieg. Esquire - I.D. No. 62205 'Z. g '7( ".:> ,:::::;:> '~.::' C:'-' C) -n -:' C~, c' -n en c....: -- PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No, 69849 One Penn Center, Suite 1400 1617 John F, Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A., slb/m to Wells Fargo Home Mortgage, Inc. A TIORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Stephanie L. Heinzman Dwight A. Heinzman Defendants No, 06-581 PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: I. Plaintiff commenced this foreclosure action by filing a Complaint on January 27,2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on May 31, 2006 in the amount of$125,028.91. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. The Property is listed for Sheriffs Sale on September 6, 2006, However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 4. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through 9/6/06 Per Diem $24.32 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections AppraisallBPO MIPIPMI NSF SuspenselMisc. Credits Escrow Deficit $116,418.80 6,809,70 93.36 1,250.00 1,026.00 1,458.96 90.00 0.00 0.00 0.00 0.00 64.74 TOTAL $127,211.56 5. The judgment fonnerly entered is insufficient to satisfy the amounts due on the Mortgage. 6. Under the tenns ofthe Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date:~~ By: Michele M. Bradford, Es Attorney for Plaintiff Lu PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A., slb/m to Wells Fargo Home Mortgage, Inc. ATTORNEY FORPLAINTWF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Stephanie L. Heinzman Dwight A. Heinzman Defendants No. 06-581 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Defendants executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 195 Chesnut Grove Road, Southampton Township, P A 17257. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage, In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, ifany. ll. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. ID. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiff's interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums, Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. IV. AlTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request offive percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis. 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). The provision ofthe Mortgage which allows the Plaintiff to recover attorney's fees in the instant action is highlighted for the court's reference. In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee often percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee often percent included in the judgment in mortgage foreclosure action was reasonable, Citicorp v, Morrisville Hampton Realty. 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. V. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E" Judgments ~ 191, Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958), Chase Home Mortgage Corporation of the Southwest v. Good. 537 A.2d 22, 24 (Pa.Super. 1988). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank. 445 Pa. 117,282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545,2 A.2d 826 (1939), Because ajudgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Bums, 414 Pa. 495,200 A.2d 335 (1971). Plaintiff submits that ifit goes to sale without the requested amended judgment, and ifthere is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v, Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct ajudgment to conform to the facts ofa case. 257 Pa. Super, 157,390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust fmanciallosses on this loan. VI. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages, Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateml. WHEREFORE, Plaintiff respectfully requests that this Honomble Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DA1E:~Wfw Michele M. Bmdford, Esquire Attorney for Plaintiff By: Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ" Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, P A 19103 (215) 563-7000 WELLS FARGO BANK, N.A., S/BIM TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT Mll..L, SC 29715 ATIORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CNll.. DIVISION TERM NO.a.. - SI' I C-u,tT~ CUMBERLAND COUNfY v. STEPHANIE L. HEINZMAN DWIGIIT A. HEINZMAN 195 CHESTNUr GROVE ROAD SOUTHAMPTON TOWNSHIP, PA 17257 (") N) c :g -0., s:: c.. ." .~ . Defendants ,.....4""~5B~ ~~~"'; . ~ I J . z~ N ::Be CIVIL ACfION - LAW PJ.FA ~I:: ~ -.r ~6.: COMPLAINT IN MORTGAGE FORECLOSURE . Sf::. ~ C~r ~+i NOTICE "5 ~ 'II1r[, ~.~ ~ -=. ~ You have been sued in court If you wish to defend against the claims set forth in th;follo~g -< 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 HA VB A LAWYER, GO TO OR TELEPHONE TIlE 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 TIlA T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. ,4rrfJRNP ~!&lS~Y fl.f CO,." .Rfj:JRN j Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File.: 129681 JIle. ~Je.[e.bv (~fll.xt~.hl ','hi!-': ft~ r " / '\- I.... J .....'41 Vi~hhm t.() tJ~ a tfue and COffBct cet.py ()f the 1rlginal m€s~ of record '1' i PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHll.ADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVlEW BOULEVARD FORT Mll..L, SC 29715 ATIORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DMSION TERM NO. CUMBERLAND COUNfY v. STEPHANIE L. HEINZMAN DWIGHT A. HEINZMAN 195 CHES1NUT GROVE ROAD SOUTIIAMPTON TOWNSHIP, P A 17257 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without finther 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 importDnt to you. YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER., GO TO OR TELEPHONE TIlE OFFICE SET FORTH BELOW. TIllS OFFICE CAN PkOVIDE YOU WITH INFORMAnON ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER., TIllS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO EUGmLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 !;-;tara~~']~/ c.r:._1~<-~4\, /, t", , . J' -, ',;~W ~t:IH 'b.::~ fJ We'" 1""., .,<:. -'. '.." C 0 ({fPrc;.rf.j,. .<1, u. k:Y!"~1 ''::!.ifi) d l'rAQb~;';~ '~t':?:#;~.1"~()~ f!J~fij ,~ /lU'~1i llilBhf'i< "'{'" '-"'~ u'/; I: aC"C"'''r'o'''iI' "G~..:.:', :~t l,'.i, File #: 129681 File #: 129681 I, IF THIS IS THE FlRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TOTHE 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 TIDRTY (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 AFfER 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 TmS COMPLAINT, TIlE LAW' REQUIRES US TO CEASE OUR EFFORTS (fHROUGH 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. 1. P1all1tiffis 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: STEPHANIE L. HEINZMAN DWIGIIT A. HEINZMAN 195 CHESTNUf GROVE ROAD SOUIHAMPTONTOWNSHIP, PA 17257 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 02/16/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to EQUITY ONE INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1675, Page: 830. By Assignment of Mortgage recorded 03/01/01 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 668, Page 84. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is 111 default because monthly payments of principal and interest upon said mortgage due 1 % 1/2005 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 allll1terest due thereon are collectible forthwith. File #: 129681 '~. 6. The following amounts are due on the mortgage: Principal Balance Interest 09/01/2005 through 01/25/2006 (per Diem $24.40) Attorney's Fees Cumulative Late Charges 02/16/2001 to 01/25/2006 Cost of Suit and Title Search Subtotal $116,795.91 3,586.80 1,250.00 93.38 $ 550,00 $ 122,276.09 Escrow Credit Deficit Subtotal TOTAL - 297.18 0.00 $- 297.18 $ 121,978.91 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) haslhave 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 $50,000. WHEREFORE, PLAINTIFF deIIlands an in mn Judgment against the Defend;mt(s) in the sum of$ 121,978.91, together with interest from 01/25/2006 at the rate of $24.40 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP 7-- ~ JJi2-:- By: Is/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 129681 LEGAL DESCRIPTION ALL that certain tract ofland situate in Southampton Township. Cumberland County, Pennsylvania. bounded and described in accordance with a Plan prepared by Wilbur H. Clifton. R.S.. dated May 5. 1985 and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 48. Page 7. BEGINNING at a P.K. nail in the centerline ofT-323. Chestnut Grove Road at comer of Lot No.3 on said Plan; thence along Lots 3 and 4. South 53 degrees 55 minutes 26 seconds East 371.06 feet to an iron pin at comer of Lot No. I; thence along Lot No. Ion said Plan. South 36 degrees 04 minutes 34 seconds West 195.00 feet to a monument; thence along lands of Paul L. Hosfelt, North 54 degrees 13 minutes West 302.11 feet to a P.K. nail in the centerline ofT-323. Chestnut Grove Road; thence along the centerline ofT-323. Chestnut Grove Road, North 16 degrees 44 minutes 36 seconds East 208.29 feet to a P.K. nail. the Place of BEGINNING. CONTAINING 1.513 acres and being Lot No.2 on the Plan of Deer Crossing Estates. PROPERTY BEING: 195 CHESTNUT GROVE ROAD File #: 129681 VF,Rm~4TION FRANCIS S, HALLINAN, ESQUIRE hereby states that he is attorney for PLAlNTIFFt I in thiS.ri1atter, that plaintiff is outside the jurisdiction of the coUrt and or the Verifieation could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa R. C. P. 1024 ( c) and that the statements made in the foregoing Civil . Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unsworn falsification to authorities. ~JkL FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: Ik~ / Exhibit "B" j.../ . . .~. .. 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 (21S) 563-7000 WELLS FARGO BANK, N.A., SIB/M TO WELLS FARGO HOME MORTGAGE, INC. 3476 ST ATEVIEW BOULEVARD FORT MILL, SC 29715 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 06-581 STEPHANIE L. HEINZMAN DWIGHT A. HEINZMAN - DeCendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTIIONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against STEPHANIE L. HEINZMAN and DWIGHT A. HEINZMAN, 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 1/26/06 to 5/30/06 TOTAL $121,978.9] $3,050.00 $125,028.91 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICA TED. DATE: PRO PROTHY VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, infonnation and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.8. ~4904 relating to unsworn falsification to authorities. DATE:~ By: Phelan Hallin~O Michele M. Bradford, Esquire - Attorney for Plaintiff . . PHELAN HALLINAN & SCHMIEG, LLP .by: Michele M. Bradford, Esquire Atty. I.D. No, 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A., slb/m to Wells Fargo Home Mortgage, Inc. A ITORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs, Cumberland County Stephanie L. Heinzman Dwight A. Heinzman Defendants No, 06-581 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages and Brief in Support thereof were sent to the following individuals on the date indicated below. Stephanie L. Heinzman Dwight A. Heinzman 195 Chestnut Grove Road Southampton Township, P A 17257 Stephanie L. Heinzman Dwight A. Heinzman 195 Chest Grove Road Shippensburg, P A 17257 Phelan DA ffi: -rJwk; By: Michele M. Bradford, Esq . Attorney for Plaintiff ...,) , :!J -;~1 I , I '.01 ...._-J r ) :"1 .< f , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A., SIBIMTO WELLS FARGO HOME MORTGAGE, INC Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION STEPHANIE L. HEINZMAN DWIGHT A. HEINZMAN Defendant(s). NO. 06-581 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL G. SCHMIEG, ESQUIRE, attorney for WELLS FARGO BANK, N.A., SIBIM TO WELLS FARGO HOME MORTGAGE, INC hereby verifies that on MAY 30,2006 trne and correct copies of the Notice of Sheriff's Sale were served by certificate of mailing to the recorded lienhoIder(s) and any known interested party. "Gl<>=~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff Date: JULY 26, 2006 IMPORT ANT NOTICE: This property is sold at the direction of the plaintiff. It mav not be sold in the absence of a reoresentative of the olaintlff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff Is not present at the sale. r' S' " ~"" i"2. ..... _ - - ...... ~i ~ ~ w ~ _ 0 ~ ~ ~ ~ ~ ~ w ~ - C".c:: [[ ~a, i '" ;c...; ~ ~E. CT1 q ~ all' >- ~~ Z 0'" 51 n ' 1ii :z ~ ~ i~ 6' ~ r' 11': !:; --J!: v 'iI' 1 . o ;; ~. < Ji :;c~~f;i 8"*', . '",C;o 8 ;! ~Hlli ili~i 1:81;; 0 g . ~i3""'O _ ~....o ~igg:; ~1'8~ ~. 1;:'i\H "l\..- 9,,, ~! , ,. < 0 " .. tl. s!:: '1\ .~",," < . ;:s&" ~ 0 a~~~ a ~. [T'l n" l~H B.t"'J::' -~ 3 ~ ... < . .-",~ ~ ~Hii ~l!-"l !>~h. ~i' a · l ~!!., ii" g.~ ~ f'" ~ ",i. ~ to ,. . ~ . a _~ p " p~l in; {"l\ )> :l- o' is' z c 3 a fl) ~ ~~~~8~1 ~o~~~rni -<~zo:!.~::l< ~?>ti10~n~ flER;8f:~'" ~~~~i~~ O>N~,,"~~i "J: -cVl- ~~S~~~f ~n~:I:VlC::~ l"lERn~;$~~ ~~~%~~~~ ~ Si "";;;;1> _ Cl . Z L Cl :>:l t:l 0 ::a~Cl~\gn :S<~CT1;1>O ZCT1<~:\~ <"l ~ (T1 ;I> ::: "" O;l>~9~':< .., j:l ;I> Vl "" '" ~8j:lgoz eSi8t""~ ~H~li ~~~a~~ ..,O,,"~~Vl O~OVl~::;j ::Z~~~~(t1 _cn"'"Q-l_~ Z;d :I: '"" ;" .... ." .. ;I> :I: n ~ ;1>' ;I> ~ QC_;;~;>;lt'"' ~ ~ ~ ~ - t.h N _ ':j v~ CIl tH~t1 ~~ -.J 0;; ." - ;I> cl - - -.J w - R .... ~~~~ : D Ii. ':' ;;i;..I!f!!!M,- ~,3"ftV~~ ,.021A $ 01..1/60- .,0004309825 MAyfB'"Z006 MAILED FROM ZIPCOOE 191 03 Qt~ \(''"'= := ;;! .. ~~i ",,-0"" g:~~~ [->""t"" a.~g>- 'B-S::sZ ,p' :-n Q 2? ",,~::>F )>g~t"" ~~"'Z _0-00>- 0'< c Z I.fCjg" ;;; g ~ ~ -_:<...... ~~ 5 v rl",r/)r/) 8 p. ~,() ~ rJ)r/)::S ~ S. zli ~ ~ ~t""" 'A8 t- :c '" o . .." .." r" '" " C) ~- ,. - ::=: ::~ -~i ~.~? - -.- .. \.L-.J . f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Wells Fargo Bank, N.A" slb/m to Wells Fargo Home Mortgage, Inc. Court of Common Pleas Plaintiff Civil Division vs, Cumberland County Stephanie 1. Heinzman Dwight A, Heinzman Defendants No. 06-581 RULE AND NOW, this ,,11- day of ~2006, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. r Rule Returnable on the J../.s day of ~ 2006, III the Cumberland County Courthouse, Carlisle, Pennsylvania.o-=t ~:3oA.h). L.. ~ #I- > J. J)\f) ~ ~t> o ...~ ..... (, ~/\ ,. '. \, -;-\\\. : :\;", Wells Fargo Bank, N.A., s/b/m to Wells Fargo Home Mortgage, Inc., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 06-581 Civil Term vs. Stephanie L. Heinzman and Dwight A. Heinzman, Defendants . ENTRY OF APPEARANCE AS LOCAL COUNSEL Dear Sir: I hereby enter my appearance as local counsel, in conjunction with the Law Offices of Phelan Hallinan Schmieg, for the limited purpose of representing the Plaintiff at Argument Court to be held on Monday, August 21, 2006. Date: August 9, 2006 4 Dale F. Shug Supreme Court I. 9373 10 West High Street Carlisle, PA 17013 (717) 241-4311 cc: Michele M. Bradford, Esquire, Phelan Hallinan Schmieg Stephanie L. Heinzman Dwight A. Heinzman 0 ,.., ~ <::> C a:: ""O~ ,.,. ~~ ~m c:: :r' en -5. , se.,: \0 .,. !<c ." e5~ ?ic :x 50 ~m c: ~ ~ N ~ \.0 -< ,. ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHELAN HALLINAN & SCHMIEG by: MICHELE M. BRADFORD, Esquire Atty. I.D. No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Wells Fargo Bank, N.A., s/b/m to Wells Fargo Home Mortgage, Inc. Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Stephanie L. Heinzman Dwight A. Heinzman Defendants No. 06-581 CERTIFICATION OF SERVICE I, MICHELE M. BRADFORD, Esquire, hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of August 21, 2006 at 8:30 AM has been served upon the following persons: Stephanie L. Heinzman Dwight A, Heinzman 195 Chestnut Grove Road Southampton Township, PA 17257 Stephanie L. Heinzman Dwight A. Heinzman 195 Chest Grove Road Shippensburg, P A 17257 Date: ~t# PHELAN HALLINAN & SCHMIEG, LLP By: ~ Michele M. Bradford, EW Attorney for Plaintiff ~ ~ ~ "'" ~:!:! ~o;- ~ _r(~ z.'-"" t;:i zt" I ~b t..t:! r. ..0 =<~:" <;'2C ~ :C:t\ ZC q~ )>0 '-P. g c: ~ (JI ?Ii a:> "< r . . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA "J JUL 2 8 2DD(fr Wells Fargo Bank, NA, slb/m to Wells Fargo Home Mortgage, Inc, Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Stephanie L. Heinzman Dwight A. Heinzman Defendants No. 06-581 ORDER AND NOW, this? l;;r day of ~ ' 2006 the ProthonotaJy is ORDERED to amend the judgment in this case as follows: Principal Balance Interest Through 9/6/06 Per Diem $24.3 2 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Property Inspections AppraisallBPO MIPIPMI NSF SuspenselMisc. Credits Escrow Deficit TOTAL $116,418,80 6,809.70 93.36 1,250.00 1,026.00 1,458.96 90.00 0,00 0.00 0.00 0,00 64,74 $127,2II.56 Plus interest ITom 9/6/06 through the date of sale at six percent per annum, Note: The above figure is not a payoff quote. Sheriff's commission is. e above figure, 1. 129681 ~- .J-I-06 f~~~~~~~ YINV^l,\SNN3d I "!n,~)r, (1! :Jll :~C1IMn"" ~'< 1\._) ",' ',' ,,--:::"'..1'- oJ IS: II WV I Z SflV qOOl Al::I\I1ONOHLO!::!d 3rll .:10 3:JI,j:!iXl31l:l . f Wells Fargo Bank, N.A. slb/m to Wells Fargo Home Mortgage, Inc. VS Stephanie L. Heinzman and Dwight A. Heinzman In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-581 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriffs Costs: Docketing Surcharge Prothonotary Law Library Poundage Advertising Levy Posting Handbills Mileage Share of Bills Patriot News Law Journal 30.00 30.00 1.00 .50 2,590.81 15.00 15.00 15.00 36.96 19.31 297.80 377.00 $3,428.38 .j )010(, If)~ Cf- ~~ R. Thomas Kline, Sheriff \ >'0 C-h.. -;:f 101 f?-u-. I f 3 9 s'3 .4 .. WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION STEPHANIE L. HEINZMAN DWIGHT A. HEINZMAN NO. 06-581 Defendant(s). AFFIDA VIT PURSUANT TO RULE 3129 (Affidavit No, 1) WELLS FARGO BANK, N.A., SIBIM 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 ,195 CHESTNUT GROVE ROAD, SOUTHAMPTON TOWNSHIP, PA 17257. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) STEPHANIE L. HEINZMAN 195 CHESTNUT GROVE ROAD SOUTHAMPTON TOWNSHIP, PA 17257 DWIGHT A. HEINZMAN 195 CHESTNUT GROVE ROAD SOUTHAMPTON TOWNSHIP, PA 17257 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None , 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) EQUITY ONE, INCORPORATED 400 LIPPINCOTT DRIVE MARL TON, NJ 08053 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 195 CHESTNUT GROVE ROAD SOUTHAMPTON TOWNSHIP, PA 17257 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. May 30, 2006 DATE II DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, CUMBERLAND COUNTY No. 06-581 v. STEPHANIE L. HEINZMAN DWIGHT A. HEINZMAN Defendant(s). May 30, 2006 TO: STEPHANIE L. HEINZMAN 195 CHESTNUT GROVE ROAD SOUTHAMPTON TOWNSHIP, PA 17257 DWIGHT A. HEINZMAN 195 CHESTNUT GROVE ROAD SOUTHAMPTON TOWNSHIP, P A 17257 * * THIS FIRM IS A DEBT COLLECTOR AITEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN AITEMPTTO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at, 195 CHESTNUT GROVE ROAD, SOUTHAMPTON TOWNSHIP. PA 17257. is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 6. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $125,028.91 obtained by WELLS FARGO BANK, N.A., SIBIM 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: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out 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, P A 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL that certain tract of land situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Wilbur H. Clifton, R.S., dated May 5, 1985 and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 48, Page 7. BEGINNING at a P .K. nail in the centerline of T -323, Chestnut Grove Road at corner of Lot No.3 on said Plan; thence along Lots 3 and 4, South 53 degrees 55 minutes 26 seconds East 371.06 feet to an iron pin at corner of Lot No.1; thence along Lot No. 1 on said Plan, South 36 degrees 04 minutes 34 seconds West 195.00 feet to a monument; thence along lands of Paul L. Hosfelt, North 54 degrees 13 minutes West 302.11 feet to a P.K. nail in the centerline ofT-323, Chestnut Grove Road; thence along the centerline ofT-323, Chestnut Grove Road, North 16 degrees 44 minutes 36 seconds East 208.29 feet to a P.K. nail, the Place of BEGINNING. CONTAINING 1.513 acres and being Lot No.2 on the Plan of Deer Crossing Estates. TITLE TO SAID PREMISES IS VESTED IN Dwight A, Heinzman and Stephanie L. Heinzman, his wife, by Deed from Paul L. Hosfelt and Beryl 1. Hosfelt, his wife, dated 3-2-87, recorded 3-4-87 in Deed Book 32N, page 242. TITLE TO SAID PREMISES IS VESTED IN Paul L. Hosfelt and Beryl 1. Hosfelt, his wife, by Deed from James W. Durfand Eiko T. Durf, his wife, dated 6-29-79, recorded 6-29-79 in Deed Book 28M, page 935. BEING PARCEL # 39-13-0106-0300 PREMISES BEING: 195 CHESTNUT GROVE ROAD, SOUTHAMPTON TOWNSHIP, PA 17257. WRIT OF EXECUTION au.d/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 06-581 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., S/BIM TO WELLS FARGO HOME MORTGAGE, INC., Plaintiff (s) From STEPHANIE L. HEINZMAN AND DWIGHT A. HEINZMAN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $125,028.91 L.L. $.50 Interest FROM 5/30/06 TO 9/6/06 (PER DIEM - $20.55) - $2,034.45 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $154.96 Other Costs Plaintiff Paid Date: MAY 31, 2006 (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPIDA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ill No. 62205 Real Estate Sale # 75 On June 02, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, P A Known and numbered as 195 Chestnut Grove Rd., Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 02, 2006 By: J o eLl S fU-J-~ Real Estate Sergeant Ann :'-..- :::.J Ir .~ ; !' ..::1 ~ ~ Eit ~o -." ~ :x.." c::::> a:J_ cr rtl CJ '?O("t1 -0 :~-" ---\ CJ:::t: ,-:>("t1 2u> :::;;::r: "-("t1 -1:;0 ~-<- . '"T'\ -0." }> c.... c:: Z I rv )> .g rv r: PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA SSe 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: July 21, July 28, and August 4,2006 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. TO AND SUBSCRIBED before me this day of August. 2006 I~-> NOT ARt L SEAL , LOIS E. SNYDER, Notary Public I Carlisle Bora, Cumberland County .. MV Commission Expires March 5, 2009 . - ~a;.. REAL ESTATE SALE NO. 75 Wrtt No. 2006-581 CMl Wells Fargo Bank, N.A., slblm to Wells Fargo Home Mortgage, Inc. vs. Stephanie L. Heinzman and Dwight A. Heinzman Atty.: Daniel G. Schmieg LEGAL DESCRIPTION ALL that certain tract ofland situ- ate in Southampton Township, Cumberland County, Pennsylvania, bounded and described in accor- dance with a Plan prepared by Wilbur H. Clifton, R.S., dated May 5, 1985 and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 48. Page 7. BEGINNING at a P.K. nail in the centerline of T -323, Chestnut Grove Road at corner of Lot No. 3 on said Plan; thence along Lots 3 and 4, South 53 degrees 55 minutes 26 seconds East 371.06 feet to an iron pin at corner of Lot No.1; thence along Lot No.1 on said Plan, South 36 degrees 04 minutes 34 seconds West 195.00 feet to a monument; thence along lands of Paul L. Hosfelt, North 54 degrees 13 min- utes West 302.11 feet to a P.K. nail in the centerline of T-323, Chest- nut Grove Road; thence along the centerline of T -323, Chestnut Grove Road, North 16 degrees 44 minutes 36 seconds East 208.29 feet to a P.K. nail, the Place of BEGINNING. CONTAINING 1.513 acres and being Lot No. 2 on the Plan of Deer Crossing Estates. TITLE TO SAID PREMISES IS VESTED IN DWight A. Heinzman and Stephanie L. Heinzman, his Wife, by Deed from Paul L. Hosfelt and Beryl 1. Hosfelt, his wife, dated 3-2-87, recorded 3-4-87 in Deed Book 32N, page 242. TITLE TO SAID PREMISES IS VESTED IN Paul L. Hosfelt and Beryl 1. Hosfelt, his Wife, by Deed from James W. Durf and Eiko T. Durf, his Wife, dated 6-29-79, re- corded 6-29-79 in Deed Book 28M, page 935. BEING PARCEL # 39-13-0106- 0300 PREMISES BEING: 195 Chest- nut Grove Road, Southampton Township, PA 17257. .. ..... 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 smce; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of July and the 2nd day(s) of August 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 SA LE#75 ~ CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ',"1 f ~'t'~' " . . ~ \ ',~ )' - .. PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No, 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A., s/b/m to Wells Fargo Home Mortgage, Inc. ATTORNEY FOR PLAINTIFF : Court of Common Pleas Plaintiff : Civil Division vs, Stephanie L. Heinzman Dwight A. Heinzman Defendant( s) : Cumberland County : No, 06-581 PRAECIPE TO THE PROTHONOTARY: _Please mark the above referenced case Discontinued and Ended without prejudice. _Please mark the above referenced case Settled, Discontinued and Ended. X Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: I//fl/OJ / I Cb-~~' Francis S. Hallinan, Esquire Attorney for Plaintiff PHS# 129681 ~ ':3 c.- Y" ':;aC ~ ~ %:11 c:: -O.~ '\. ~ -:Py '~9; (y(~ '/ .' ,-t'r\ s:~ ..",. ~ 13; -~ - - N -