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HomeMy WebLinkAbout06-23204 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 134144 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 V. Plaintiff BELINDA L. BROWN A/K/A BELINDA EVELHOCH A/K/A BELINDA EUELHOCH A/K/A BELINDA J. BROWN DAVID L. BROWN 246 WEST NORTH STREET CARLISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM t7 NO. O(o -oZ3aD (2[vt21 v? CUMBERLAND COUNTY r 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 #: 134344 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 #: 134144 4 Plaintiff is WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 1 The name(s) and last known address(es) of the Defendant(s) are: BELINDA L. BROWN A/K/A BELINDA EVELHOCH A/K/A BELINDA EUELHOCH A/K/A BELINDA J. BROWN DAVID L. BROWN 246 WEST NORTH STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 07/t4/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR EQUITY ONE, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1873, Page: 3683. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2005 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. He #: 134144 6. The following amounts are due on the mortgage: Principal Balance $79,440.31 Interest 2,460.50 11101/2005 through 04/24/2006 (Per Diem $14.06) Attorney's Fees 1,250.00 Cumulative Late Charges 55.74 07/14/2004 to 04/24/2006 Cost of Suit and Title Search 550.00 Subtotal $ 83,756.55 Escrow Credit -477.96 Deficit 0.00 Subtotal 477.96 TOTAL $ 83,278.59 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 patty purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 83,278.59, together with interest from 04/24/2006 at the rate of $14.06 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 rI,LINAN & SCHMIIEG?, LLP ? By: /s/Francis S. Hallinan L WRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 134144 LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground situate on the South side of West North Street in the Fourth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the North by West North Street; on the West by lot now or formerly of Gilbert W. Hemminger, Jr.; on the South by an alley, known as W. Locust Street; and on the East by lot now or formerly of Jeffrey S. and Mary B. Austin. CONTAINING in front on West North Street fourteen (14) feet and extending in depth to said alley two hundred forty (240) feet. HAVING thereon erected a two and one-half story frame dwelling known and numbered as 246 West North Street, Carlisle, Pennsylvania. BEING the same premises which Joe J.D. Wang, by his Deed dated December 4, 2003, and recorded January 9, 2004, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 261, Page 999, granted and conveyed unto Dan Parsons and Thomas Myers, the grantors herein. The said Dan Parsons being also known as and being one and the same person as Daniel F. Parson, Jr. Molly S. Myers, the wife of the said Thomas Myers, joins in the within conveyance for the sole purpose of releasing any interest she may be deemed to have in the premises by virtue of her marriage to the said Thomas Myers. File #: 134144 A 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. 4404 relating to unworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE. a? vb 1 ? ??1 ?? ?? (? ? (i . o " \ i ?..? ? V .. ?j rr? ?? W (j?V? i -1-- -?-. e. CASE NO: 2006-02320 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS BROWN BELINDA L ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BROWN BELINDA L AKA BELINDA EVELHOCH AKA BELINDA EUELHOCH the DEFENDANT , at 1000:00 HOURS, on the 27th day of April , 2006 at 246 WEST NORTH STREET CARLISLE, PA 17013 DAVID BROWN, HUSBAND by handing to 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 4.40 Affidavit .00 Surcharge 10.00 .00 32.40 OG r Sworn and Subscribed to before me this day of A. D. So Answers: R. Thomas Kline 04/28/2006 PHELAN HALLINAN S I By. Deputy Sheriff Prothonotary CASE NO: 2006-02320 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS BROWN BELINDA L ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE BROWN DAVID L DEFENDANT the , at 1000:00 HOURS, on the 27th day of April , 2006 at 246 WEST NORTH STREET CARLISLE, PA 17013 DAVID BROWN was served upon by handing to 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16L 16.00 Sworn and Subscribed to before me this day of A. D. So Answers: q ???'r( 6 ? R. Thomas Kline 04/28/2006 PHELAN HALLINAN SCHMIEG By. Deputy Sheri f Prothonotary PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. CIVIL DIVISION NO. 06-2320 BELINDA L. BROWN A/K/A BELINDA EVELHOCH A/K/A BELINDA EUELHOCH A/K/A : BELINDA J. BROWN DAVID L. BROWN Defendant(s). : PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 1/21/67 TT PR PROT 134144 TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against BELINDA L. BROWN A/K/A BELINDA EVELHOCH A/K/A BELINDA EUELHOCH A/K/A BELINDA J. BROWN and DAVID L. BROWN, 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 4/25/06 to 1/26/07 TOTAL $83,278.59 $3,894.62 $87,173.21 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. r " PHELAN HALLINAN AND SCHMIEG By. Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215 563 7000 ) - WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY BELINDA L. BROWN A/K/A BELINDA EVELHOCH : NO. 06-2320 A/K/A BELINDA EUELHOCH A/K/A BELINDA J. BROWN DAVID L. BROWN Defendants TO: BELINDA L. BROWN AIK/ABELINDAEVELHOCH FILE COPY A/KlA BELINDA EUELHOCH A/K/A BELINDA J. BROWN 246 WEST NORTH STREET CARLISLE, PA 17013 DATE OF NOTICE: MAY 19.2006 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 MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff w PHELAN HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS Plaintiff Vs. BELINDA L. BROWN A/K1A BELINDA EVELHOCH A/K/A BELINDA EUELHOCH A/IUA BELINDA J. BROWN DAVID L. BROWN Defendants TO: DAVID L. BROWN 246 WEST NORTH STREET CARLISLE, PA 17013 DATE OF NOTICE: MAY 18, 2006 : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 06-2320 FILE COPY 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 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD Plaintiff, V. BELINDA L. BROWN A/K/A BELINDA EVELHOCH A/K/A BELINDA EUELHOCH A/K/A BELINDA J. BROWN DAVID L. BROWN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-2320 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 BELINDA L. BROWN A/K/A BELINDA EVELHOCH A/K/A BELINDA EUELHOCH A/K/A BELINDA J. BROWN is over 18 years of age and resides at, 246 WEST NORTH STREET, CARLISLE, PA 17013. (c) that defendant DAVID L. BROWN is over 18 years of age, and resides at, 246 WEST NORTH STREET, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff M D h 4o Ir\ wbo. O , C f ' - D (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. 3476 STATEVIEW BOULEVARD Plaintiff, V. BELINDA L. BROWN A/K/A BELINDA EVELHOCH A/K/A BELINDA EUELHOCH A/K/A BELINDA J. BROWN DAVID L. BROWN CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-2320 Defendant(s). If you have any questions concerning this matter, please contact: . / . A A 1 DANIEL G. SCHMIEG, ESQUIRE , Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 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." Notice is given that a Judgment in the above-captioned matter has been entered against you on JaA---> 3 t 200_7. By: CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WELLS FARGO BANK, N.A. Plaintiff, V. No. 06-2320 BELINDA L. BROWN A/K/A BELINDA EVELHOCH A/K/A BELINDA EUELHOCH A/K/A BELINDA J. BROWN DAVID L. BROWN Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Add' l cost Interest from 1/26/07 to JUNE 13, 2007 (per diem -$14.33) $87,173.21 $2,109.50 $1,977.54 and Costs TOTAL $91,260.25 er> &4- -zek. -- -'n 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. 134144 0 a a? o? ?a o? OQ o? F? d x LIJ L.. .. 3 LLI .. , Q C-j 3 d a ?a 04 ? vv w: M od d ?? CMI a w d o.. x a d • ? V r?i ? V a ? a a a ? d 'a Q 4 A • ? C3" n kA V 4 Vi N ALL THAT CERTAIN house and lot of ground situate on the South side of West North Street in the Fourth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the North by West North Street; on the West by lot now or formerly of Gilbert W. Hemminger, Jr.; on the South by an alley, known as W. Locust Street; and on the East by lot now or formerly of Jeffrey S. and Mary B. Austin. CONTAINING in front on West North Street fourteen (14) feet and extending in depth to said alley two hundred forty (240) feet. HAVING thereon erected a two and one-half story frame dwelling known and numbered as 246 West North Street, Carlisle, Pennsylvania. PARCEL IDENTIFICATION NO: 05-20-1798-281 CONTROL #: 05000722 TITLE TO SAID PREMISES IS VESTED IN David L. Brown and Belinda I. Brown, husband and wife, by Deed from Daniel F. Parson, Jr., a/k/a Dan Parsons, a single man and Thomas Myers, a married man, dated 7-14-04, recorded 7-15-04, in Deed Book 264, page 891. PROPERTY ADDRESS: 246 WEST NORTH STREET, CARLISLE, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-2320 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., Plaintiff (s) From BELINDA L. BROWN A/K/A BELINDA EVELHOCH A/K/A BELINDA EUELHOCH A/K/A BELINDA J. BROWN AND DAVID L. BROWN (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 $87,173.21 L.L. $.50 Interest FROM 1/26/07 TO 6/13/07 (PER DIEM - $14.33) -- $1,977.54 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $130.40 Other Costs ADD'L COSTS - $2,109.50 Plaintiff Paid Date: JANUARY 31, 2007 14?4' LA Curtis . Long, Pro tart' (Seal) By: 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 Deputy Supreme Court ID No. 62205 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. Plaintiff, V. BELINDA L. BROWN A/K/A BELINDA EVELHOCH A/K/A BELINDA EUELHOCH A/K/A BELINDA J. BROWN DAVID L. BROWN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-2320 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant 0 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. DANIEL G. SCHMIEG, ESQUIREJ Attorney for Plaintiff ? C ? ` : q-' ?? ?+}?!" l 9 v w ? '`iY ?? WELLS FARGO BANK, N.A. Plaintiff, V. BELINDA L. BROWN A/K/A BELINDA EVELHOCH A/K/A BELINDA EUELHOCH A/K/A BELINDA J. BROWN DAVID L. BROWN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-2320 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WELLS FARGO BANK, N.A., 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 ,246 WEST NORTH STREET, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BELINDA L. BROWN A/K/A BELINDA 246 WEST NORTH STREET EVELHOCH A/K/A BELINDA CARLISLE, PA 17013 EUELHOCH A/K/A BELINDA J. BROWN DAVID L. BROWN 246 WEST NORTH STREET CARLISLE, PA 17013 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 4PV 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) CitiFinancial, Inc. 1 Valley Street, Ste. 103, Carlisle, PA 17103 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 246 WEST NORTH STREET CARLISLE, PA 17013 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. January 26, 2007 DATE DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff C? r-? ?, ? ? ? ??E,' ?? 1 _i' a?.J ?? , ?? y -„?? f" y1 . _.-1 _'[ '- y :=: ?..?.a "s r'= ? -=W4 ?? ? C -.?, G-? i WELLS FARGO BANK, N.A. CUMBERLAND COUNTY Plaintiff, V. : No. 06-2320 BELINDA L. BROWN A/K/A BELINDA EVELHOCH A/K/A BELINDA EUELHOCH A/K/A BELINDA J. BROWN DAVID L. BROWN Defendant(s). January 26, 2007 TO: BELINDA L. BROWN A/K/A BELINDA EVELHOCH A/K/A BELINDA EUELHOCH A/K/A BELINDA J. BROWN DAVID L. BROWN 246 WEST NORTH STREET CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFALIEN AGAINST PROPERTY." Your house (real estate) at, 246 WEST NORTH STREET, CARLISLE, PA 17013, 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 $87,173.21 obtained by WELLS FARGO BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS 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. r' 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 maybe 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 i ALL THAT CERTAIN house and lot of ground situate on the South side of West North Street in the Fourth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the North by West North Street; on the West by lot now or formerly of Gilbert W. Hemminger, Jr.; on the South by an alley, known as W. Locust Street; and on the East by lot now or formerly of Jeffrey S. and Mary B. Austin. CONTAINING in front on West North Street fourteen (14) feet and extending in depth to said alley two hundred forty (240) feet. HAVING thereon erected a two and one-half story frame dwelling known and numbered as 246 West North Street, Carlisle, Pennsylvania. PARCEL IDENTIFICATION NO: 05-20-1798-281 TITLE TO SAID PREMISES IS VESTED IN wife, by Deed from Daniel F. Parson, Myers, a married man, dated 7-14-04, CONTROL #: 05000722 David L. Brown and Belinda I. Brown, husband and Jr., a/k/a Dan Parsons, a single man and Thomas, recorded 7-15-04, in Deed Book 264, page 891. PROPERTY ADDRESS: 246 WEST NORTH STREET, CARLISLE, PA 17013 1? CT' AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO BANK, N.A. DEFENDANT(S) BELINDA L. BROWN A/K/A BELINDA EVELHOCH A/K/A BELINDA EUELHOCH A/K/A BELINDA J. BROWN DAVID L. BROWN SERVE BELINDA L. BROWN A/K/A BELINDA EVELHOCH A/K/A BELINDA EUELHOCH A/K/A BELINDA J. BROWN AT 246 WEST NORTH STREET CARLISLE, PA 17013 SERVED CUMBERLAND COUNTY No. 06-2320 ACCT. #0194606471 Type of Action PN S# 13414 y - Notice of Sheriffs Sale Sale Date: JUNE 13, 2007 Served and made known to C1 t` ??g L . (3 ,rp ti,,, rk Defendant, on the 10 f? day of (? bc.?o, 200 at o'clock] .m., at y (o W pr f orfh S 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 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. Other: an officer of said Defendant(s)'s company. Description: Age 3*Ap Height 5"r" Weight 12 T ,Race _ W Sex Other 2n Wn (` a competent adult, being duly sworn a true and correct copy of the Nottce of Sheriff's Sale in the manner as set forth herein, issued dinthe caption d case on nethe date and atd the address indicated above. orn to and subscribed b for a thi 6 9 day , 2002 , By: - E T SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. State of New Jersey PATRICIA E. HARRIS NOT SERVED On the Expires June 16, 2008 __ day of 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant st 1 Attempt: Time: 2nd 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 ? -s3 1:. CA) t r 4 51 . AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO BANK, N.A. CUMBERLAND COUNTY DEFENDANT(S) BELINDA L. BROWN A/K/A BELINDA Na. 06-2320 EVELHOCH A/K/A BELINDA EUELHOCH A/K/A BELINDA J. ACCT. #0194606471 BROWN DAVID L. BROWN Type of Action PkS# SERVE DAVID L. BROWN AT -Notice of Sheriff's Sale 246 WEST NORTH STREET CARLISLE, PA 17013 Sale Date: JUNE 13, 2007 ERVED Served and made known to 01: ^ Defendant, on the _____Lday of Fe bl`?4n , 200_(at 4S o'clock _fm., at Z LI(o W CS t V 6 P)-h S ?. , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. v1 Adult family member with whom Defendant(s) reside(s). Name and Reationsh is Adult in charge of Defendant(s)'s residence who l ip 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 x-40 Hei t.S' S S 7w n Weight .LZY- Race W Sex F Other 1 r) 1C 0 bor+S a competent adult, being du personally handed a true and correct copy of the Notice of Sheriff'sSaporn according to law, depose and state that I captioned case on the date and at the address indicated above. in the manner as set forth herein, issued in the to and su ri}?ed rthis, 6y''f day By: SERVICE AT LEAST 3 TIMES. INDICATE DA ATTEMPTED. `0 & TIMES OF SERVICE . NOT SERVED Moved Unknown No Answer 1st 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 200. at o'clock _.m., Defendant NOT FOUND because: Vacant tad Attempt: / I .Time: Nolfary Public State of New is" PATRICIA E. HARRIS Ofte nission ExpiW?16, 2008 c? r-j o Mf T, ! .-Vw- '16 ' SALE DATE: JUNE 13, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WELLS FARGO BANK, N.A. No.: 06-2320 VS. BELINDA L. BROWN A/K/A BELINDA EVELHOCH A/K/A BELINDA EUELHOCH A/K/A BELINDA J. BROWN DAVID L. BROWN 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: 246 WEST NORTH STREET, CARLISLE, PA 17013. 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. I / DANIEL SCHMIEG, ESQU Attorney for Plaintiff May 23, 2007 --I' %. 'a a O C)x a ?rn ?cn,? O ? b U v Gq ?xa Uw•? d a0?Oa b •p V? zd0 0 L 6 L 3UO3 diz woa-4 0311M . ' ._ ,. o v v 8 OOZ SO aid O Los GZVOOO ZO _ V4L D0630 S 53M06 A3Nlid ® Z _?? ? SEW O $ •? IM.....®A ? r u a° V1 b O ao W ? u o o° '$ o O ^ ¢ a" O O u a.? u a a w ¢ ti v?b? E? E" n N ¢ ¢ '? u °? wNi II u`??=w v o u T o V] u O U Q ? W o 0 M ° v°ci w •' z fi. W ¢ ? M O W N C Ow o o?rn ? .? ? E h O w ?l w ¢ a a w v? o u F z w U M U co M U m '? O a? w O O a o z o ¢W ¢ a w ¢ z ?, H ? ? La ¢ z ? a T € n E d, U w Z L0 U ¢ E- v ao o 0 w N w ¢ M p , (p a w Z O H z N > V U Q W u z o \ ¢? ca •? ¢? 00 d ? ? Z _? C A U E v A Q H fti ? > A LL a o 0 u v z U N U 90 U r9 z CD m Z m v a o? a u ~ N M ct V1 ?D I? 00 O? O z v r-a F fE 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 Christopher W Robertson is the grantee the same having been sold to said grantee on the 8th day of Aug A.D., 2007, under and by virtue of a writ Execution issued on the 31 st day of Jan, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 2320, at the suit of Wells Fargo Bank N A against Belinda L Brown aka Belinda Evelhoch aka Belinda Euelhoch aka Belinda J Brown & David L Brown is duly recorded as Instrument Number 200736360. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this t 9 day of w , A.D. vC0 0, 7 Recorder of Deeds RwMW of DN" Cwftft ! Co", CNW, PA My C,omfiii.ron EOW to Fb* Mw4ay dJOL 2D10 Wells Fargo Bank, N.A. In the Court of Common Pleas of VS Cumberland County, Pennsylvania Belinda L. Brown a/k/a Belinda Evelhoch a/k/a Writ No. 2006-2320 Civil Term Belinda Euelhoch a/k/a Belinda J. Brown and David L. Brown Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on February 23, 2007 at 1627 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants to wit: Belinda L. Brown a/k/a Belinda Evelhoch a/k/a Belinda Euelhoch a/k/a Belinda J. Brown and David L. Brown, by making known unto Belinda Brown, personally and as wife of David L. Brown, at 246 West North Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 17, 2007 at 1605 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 Belinda L. Brown a/k/a Belinda Evelhoch a/k/a Belinda Euelhoch a/k/a Belinda J. Brown and David L. Brown located at 246 West North Street, Carlisle, 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 defendants, to wit: Belinda L. Brown a/k/a Belinda Evelhoch a/k/aBelinda Euelhoch a/k/a Belinda J. Brown and David L. Brown, by regular mail to their last known address of 246 West North Street, Carlisle, PA 17013. These letters were mailed under the date of April 03, 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 August 08, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $94,600.00 to Christopher W. Robertson. It being the highest bid and best price received for the same, Christopher W. Robertson, of 246 West North Street, Carlisle, PA 17013, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $98,759.86. Sheriff s Costs: Docketing $30.00 Poundage 1,892.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 9.60 Levy 15.00 Surcharge 30.00 Post Pone Sale 20.00 Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff s Deed 355.00 297.89 16.17 25.00 40.50 $2,820.66 ?L,„ So Ans rs: .? R. Thomas Kline, Sheriff B111? )A &LM A ). Real Estate rgeant 1610 8// 7 PAL 0- `! 9' e /. CP G a-39/ 4L. /19)7Y 7 WEaL-LS'PARGO BANK, N.A. . .` CUMBERLAND COUNTY Plaintiff, . V. COURT OF COMMON PLEAS BELINDA L. BROWN A/K/A BELINDA CIVIL DIVISION EVELHOCH A/K/A BELINDA EUELHOCH A/K/A BELINDA J. BROWN NO. 06-2320 DAVID L. BROWN Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO BANK, N.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,246 WEST NORTH STREET, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BELINDA L. BROWN A/K/A BELINDA 246 WEST NORTH STREET EVELHOCH A/K/A BELINDA CARLISLE, PA 17013 EUELHOCH A/K/A BELINDA J. BROWN DAVID L. BROWN 246 WEST NORTH STREET CARLISLE, PA 17013 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 I 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) CitiFinancial, Inc. 1 Valley Street, Ste. 103, Carlisle, PA 17103 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 246 WEST NORTH STREET CARLISLE, PA 17013 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. January 26, 2007 DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff I . I WELLS FARGO BANK, N.A. CUMBERLAND COUNTY Plaintiff, V. No. 06-2320 BELINDA L. BROWN A/K/A BELINDA EVELHOCH A/K/A BELINDA EUELHOCH A/K/A BELINDA J. BROWN . DAVID L. BROWN . Defendant(s). January 26, 2007 TO: BELINDA L. BROWN A/K/A BELINDA EVELHOCH A/K/A BELINDA EUELHOCH A/K/A BELINDA J. BROWN DAVID L. BROWN 246 WEST NORTH STREET CARLISLE, PA 17013 "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 AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIEN AGAINST PROPERTY. ** Your house (real estate) at, 246 WEST NORTH STREET, CARLISLE, PA 17013, 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 $87,173.21 obtained by WELLS FARGO BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS 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. r ' . 1 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 (I0) 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 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-2320 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., Plaintiff (s) From BELINDA L. BROWN A/K/A BELINDA EVELHOCH A/K/A BELINDA EUELHOCH A/K/A BELINDA J. BROWN AND DAVID L. BROWN (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 $87,173.21 L.L. $.50 Interest FROM 1/26/07 TO 6/13/07 (PER DIEM - $14.33) -- $1,977.54 AND COSTS max; Atty's Comm % Due Prothy $1.00 Atty Paid $130.40 Other Costs ADD'L COSTS - $2,109.50 Plaintiff Paid Date: JANUARY 31, 2007 Curt' .Long, Pr notary' (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 luwa2las ? s? I?a2I LOOZ `£i Xmnugad :Qlva •ulajoq palwodiooui aouaaajai sigl Xq puu firm sicli wino pain «V„ Iigiiixg uo pagposap Xlln3 aiow `alsilmD `joaaiS ujzoN isoM gt Z st, pojoquxnu pum umoux Vd `XlunoD putlioquznD `gBno.iog alsilnD ui palunnis XZado id iua z aqp ui isa iui s juepuajap aip uodn patnal JJIJOgS OT LOOZ `£ I Xjurugad u0 ZZ #aI'S 91E1sa ILIa2i ALL THAT CERTAIN house and lot of ground situate on the South side of West North Street in the Fourth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the North by West North Street; on the West by lot now or formerly of Gilbert W. Hemminger, Jr.; on the South by an alley, known as W. Locust Street; and on the East by lot now or formerly of Jeffrey S. and Mary B. Austin. CONTAINING in front on West North Street fourteen (14) feet and extending in depth to said alley two hundred forty (240) feet. HAVING thereon erected a two and one-half story frame dwelling known and numbered as 246 West North Street, Carlisle, Pennsylvania. PARCEL IDENTIFICATION NO: 05-20-1798-281 CONTROL 05000722 TITLE TO SAID PREMISES IS VESTED IN David L. Brown and Belinda I. Brown, husband and wife, by Deed from Daniel F. Parson, Jr., a/k/a Dan Parsons, a single man and Thomas Myers, a married man, dated 7-14-04, recorded 7-15-04, in Deed Book 264, page 891. PROPERTY ADDRESS: 246 WEST NORTH STREET, CARLISLE, PA 17013 .'4 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#22 Sworn to and subscribed before me this 18th day of May 2007 A.D. ' ,I iii r i'I %-?'11.::' I sT x;74, i ? 43 P39L=`ry 17 Aid 011 N f 111,104 009-1 Notarial Seal Terry L. Russell, Notary Public City Of Harrisburg; Dauphin County i y Com n Expires June 6, 2010 mho o ?? Av?nia acsn^imion of Notaries NO RY PUBLIC 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: 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. REAL ESTATE SALE NO. 22 Writ No. 2006-2320 Civll Wells Fargo Bank, N.A. vs. Belinda L. Brown a/k/a Belinda Evelhoch a/k/a Belinda Euelhoch a/k/a Belinda J. Brown and David L. Brown Atty.: Daniel Schmieg ALL THAT CERTAIN house and lot of ground situate on the South side of West North Street in the Fourth Ward of the Borough of Carlisle, Cumberland County, Penn- sylvania, bounded and described as follows: ON the North by West North Street; on the West by lot now or formerly of Gilbert W. Hemminger, Jr.; on the South by an alley, known as W. Locust Street: and on the East by lot now or formerly of Jef- &av S_ and.-IL-am R_ Ar,a+ir, Marie Coyne, itor SWORN TO AND 4 day of May, 2007 NOTARIAL SEAL " LOIS E. SNYDER, Notary Public Carlisle 8oro, Cumberland County My Commission E)fplres March 5, 2009 before me this SCHEDULE OF DISTRIBUTION SALE NO. 22 Date Filed: September 07, 2007 Writ No. 2006-2320 Civil Term Wells Fargo Bank, N.A. VS Belinda L. Brown a/k/a Belinda Evelhoch a/k/a Belinda Euelhoch a/k/a Belinda J. Brown and David L. Brown 246 West North Street Carlisle, PA 17013 Sale Date: August 08, 2007 Buyer: Christopher Robertson Bid Price: $94,600.00 Real Debt $87,173.21 Interest 1,977.54 Attorney Writ Costs 130.40 Misc. Costs 2,109.50 Total: $91,390.65 DISTRIBUTION: Receipts: Cash on account (02/13/2007): Cash on account (08/08/2007): Cash on account (08/23/2007): $ 1,500.00 10,000.00 88,759.86 Total Receipts: $1009259.86 Disbursements: Sheriffs Costs Legal Search Transfer Tax, Local Transfer Tax, State Carlisle Borough Tax Collector Carlisle Borough Attorney Daniel Schmieg Wells Fargo Bank Belinda L. Brown and David L. Brown Total Disbursements: Balance for distribution: So Answers: $2,820.66 300.00 983.93 983.93 1,056.52 30.00 1,500.00 91,390.65 1,194.17 ($100,259.86) 0.00 R. Thomas Kline Sheriff SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale No. 22, held August 8, 2007 EFFECTIVE DATE: August 8, 2007 PREMISES: 246 West North Street, Borough of Carlisle, Cumberland County, Pennsylvania, tax parcel No. 05-20-1798-281 (the "Premises") RECITAL: Being the same premises which Daniel F. Parson, Jr. also known as Dan Parsons and Thomas Myers by their Deed dated July 14, 2004 and recorded July 15, 2004 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 264, Page 891, granted and conveyed unto David L. Brown and Belinda I. Brown, husband and wife. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: 1. Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. 3. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. 5. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. 7. Any secured transactions with respect to the Premises. 8. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after July 1, 2007. 20. Mortgage in the amount of $80,634.00 from David L. Brown and Belinda I. Brown to Equity One, Inc. dated July 14, 2004 and recorded July 15, 2004 in Mortgage Book 1873, Page 3683, assigned June 1, 2007 to Wells Fargo Bank, N.A. in Misc. Book 737, Page 1956. -2- 21. Judgment against Belinda L. Brown, also known as Belinda Evelhoch, Belinda J. Brown, Belinda Euelhoch and David L. Brown in favor of Wells Fargo Bank, N.A. in the amount of $87,173.21 entered January 31, 2007 to No. 2006-2320. 22. Subject to the rights of others in and to those portions of the Premises that abut or lie within West North Street, the alley adjoining the premises on the south and/or West Locust Street. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By: Keith O. Brenneman -3- REAL ESTATE SALE NO. 22 Writ No. 2006-2320 Civil Wells Fargo Bank, N.A. vs. Belinda L. Brown a/k/a Belinda Evelhoch a/k/a Belinda Euelhoch a/k/a Belinda J. Brown and David L. Brown Atty.: Daniel Schmieg ALL THAT CERTAIN house and lot of ground situate on the South side of West North Street In the Fourth Ward of the Borough of Carlisle, Cumberland County, Penn- sylvania, bounded and described as follows: 1' ON the North by West North Street; on the West by lot now or formerly of Gilbert W. Hemminger, Jr.; on the South by an alley, known as W. Locust Street; and on the East by lot now or formerly of Jef- frey S. and Mary B. Austin. CONTAINING in front on West North Street fourteen (14) feet and extending in depth to said alley two hundred forty (240) feet. HAVING thereon erected a two and one-half story frame dwelling known and numbered as 246 West North Street, Carlisle, Pennsylvania. PARCEL IDENTIFICATION NO: 05-20-1798-284. CONTROL #: 050- 00722. TITLE TO SAID PREMISES IS VESTED IN David L. Brown and Belinda I. Brown, husband and wife, by Deed from Daniel F. Par- son, Jr., a/k/a Dan Parsons, a single man and Thomas Myers, a married man, dated 7-14-04, re- corded 7-15-04, in Deed Book 264, Page 891. PROPERTY ADDRESS: 246 WEST NORTH STREET, CARLISLE. PA 17p13. EXHIBIT A