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HomeMy WebLinkAbout06-2493 PHELAN HALLINAN & SCHMIEG, LLP LA WRENCE 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 13299\ WELLS FARGO FfNANCIAL PA, fNC. 3476 STATEVIEW BLVD FORT MILL, SC 29715 ATTORNEY FOR PLArNTlFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO, OIo.-:)t;9J C;U; L~J2JY\. v. CUMBERLAND COUNTY CHARLES j, WEVODAU 501 SEVENTH STREET SUMMERDALE, PA 17093 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by 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 ajudgment may be entered against you by the court without further notice for any money claimed in the complaint or tor 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 LA WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990.9108 File #: 132991 File #: 132991 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 HA VE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL EST ATE. 1, Plaintiff is WELLS FARGO FINANCIAL PA, INC. 3476 STATEVIEW BLVD FORT MILL, SC 29715 2, The name(s) and last known addressees) of the Defendant(s) are: CHARLES J, WEVODAU 501 SEVENTH STREET SUMMERDALE, PA 17093 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described, 3, On 12/26/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No: 1850, Page: 2872, 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 11/30/2005 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 #: 132991 6, The following amounts are due on the mortgage: Principal Balance Interest 10/30/2005 through 05/03/2006 (Per Diem $25,21) Attorney's Fees Cumulative Late Charges 12/26/2003 to 05/03/2006 Cost of Suit and Title Search Subtotal $117,245,13 4,689,06 1,250,00 0,00 $ 550,00 $ 123,734,19 Escrow Credit Deficit Subtotal 0,00 0,00 $ 0.00 TOTAL $ 123,734,19 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 oflntention 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 $50,000, WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum 01'$ 123,734,19, together with interest from 05/03/2006 at the rate of $25.21 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 --- ~' .--A1 ~~. By: IslFrancis S, Hallinan LA WRENCE T, PHELAN, ESQUIRE FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff 1%: #: ]32991 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land located in Summerdale, East Pennsboro Township, Cumberland County, Pennsylvania, and bounded and described as follows, to wit: BEGINNING at a point on the east side of Seventh Street (an 18-foot right of way with 13 feet macadam) and extending in a northwesterly direction along said Seventh Street, North 40 degrees 44 minutes West, 127,88 feet to a stake at lands now or formerly of Alma Benner; thence in an easterly direction along line of lands now or formerly of Alma Benner, North 70 degrees 19 minutes East 258.44 feet to a stake on the west side of Sixth Street (a 56-foot wide right of way); thence in a southerly direction along the said Sixth Street, South 19 degrees 41 minutes East J 01.71 feet to a stake at the corner of Lot No, 2 on the hereinafter mentioned Subdivision Plan; thence in a westerly direction along Lot No, 2 South 70 degrees 19 minutes West 129.23 feet to a stake; thence continuing along the same South 58 degrees 21 minutes 15 seconds West 85,12 feet to a stake on the east side of Seventh Street, the point of BEGINNING, BEING known and numbered as 501 Seventh Street, Summerdale, Pennsylvania, BEING Lot No, 1 as shown on a Final Subdivision Plan for Carl L Wevodau, prepared by Hartman & Associates, Inc" dated August 1 0, 1999, recorded in Cumberland County Plan Book 79, Page 130; and having thereon erected a one-story frame dwelling and a garage, BEING PART OF THE SAME PREMISES which Carl L. Wevodau and Audrey A, Wevodau, by deed dated April 30, 1998, and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 178, Page 91, granted and conveyed unto Carl L. Wevodau, one of the Grantors herein, AND BEING PART OF THE SAME PREMISES which Carl L. Wevodau and Carrie S, Wevodau, by deed dated October 28,1988, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book Q-33, Page 330, granted and conveyed unto Carl L. Wevodau and Carrie S, Wevodau, the Grantors herein, PROPERTY BEING: 501 SEVENTH STREET File #: 132991 VF,RIFlC'ATION 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, See, 4904 relating to unsworn falsification to authorities, ~/1e~ FRANCIS S, HALLINAN, ESQUIRE Attorney for Plaintiff DATE: .3j ~Q 4> -;v ~ "'0. ~ V( ~ ~ ( _.J 0, ,/"" ___J '" -j - ~ O' ~ -...( - -J ~ ...c::- ~. ~ -.c:.. "< :::r.:> -I-. " -I.- " ------ , ... 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 FINANCIAL PA, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 06-2493 CHARLESJ.WEVODAU Defendant(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 CHARLES J. WEVODAU, 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 Plaintiff's damages as follows: As set forth in Complaint Interest from 5/4/06 to 6/22/06 TOTAL $123,734.19 $1,260.50 $124,994.69 I hereby certify that (1) the addresses of the Plaintiff and Defendant( s) are as shown above, and (2) that notice has been given in accordance with Rule 237,1, copy attached, DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED, DATEJn>€._.2l.. J,.OOb I ~ , ... PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T, Phelan, Esq" Id, NQ, 32227 Francis S, Hallinan, Esq" Id. No, 62695 Daniel G, Schmieg, Esq" Id, No, 62205 Philadelphia, P A 19 I 03 (215) 563-7000 WELLS FARGO FINANCIAL PA, INe. Plaintiff ATTORNEY FORPLAINTWF : COURT OF COMMON PLEAS : CIVIL DIVISION Vs, : CUMBERLAND COUNTY CHARLES J. WEVODAU Defendants : NO, 06-2493 CIVIL TERM TO: CHARLES J. WEVODAU 501 SEVENTH STREET SUMMERDALE, PA 17093 FILE COPY DATE OF NOTICE: JUNE 1. 1006 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 DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER, IF YOU CANNOT AFFORD TO HIRE A 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 ASSOCIA nON 32 soum BEDFORD STREET CARLISLE, P A 17013 (800)990-9108 FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff I 1 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 FINANCIAL PA, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 06-2493 CHARLES J. WEVODAU Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G, SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended, (b) that defendant CHARLES J. WEVODAU is over 18 years of age and resides at , 501 SEVENTH STREET, SUMMERDALE, PA 17093. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff t ~ ~ tv -;d it. - ~ ~ CI) ~! ..... (:) ~ 1 ~ fa 0 ~ p:! ~~ ~r- () r-..~ ~..~ ~:~ () -'1 (~ ~-4 ~'; _~:: --r Rip N '-:-:rj."~ 0' .'''~ ~ ,- , " ~-?': .'c;:L: - ~_:-..')~? c:) ,~~\ (,.) j::i \.!) .-<: (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTlON- (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO FINANCIAL PA, INC. Plaintiff, v. No. 06-2493 CHARLES J. WEVODAU Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $124,994.69 Interest from 6/22/06 to DECEMBER 6, 2006 (per diem -$20.55) $3,431.85 and Costs TOTAL $128,426.54 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. .... $ r- .... .( ~ 14" ~ ~ IJ;l ~~ z ! O~ e ;;l U rn ~~ ~ ... ~ ;;l .,,; ~~ < u ., ~ ~e \1:: ~ ~~ ~ = '<=1 t <II 3 1J;l= <= ,g 0 '" OIJ;l ~.s 'a == !~ u ~ o ~ ~ ... ~ ~ ...'" ... ~ e 8~ .; ~~ .<2 <II ~ ..; >- , ... ;>- ~ g. ~o ~ i ~~ E rn p. 0 0 u ~ .... ., ~= ~ c t ~ C> In .( 1J;l6 ~ O~ ~ u e: 0; '" us rn ~ ~ ~~ ~ 'i3 ~ - .~ ~ IJ.< ~;;l U c'"' C") Q - --.):---~ "0,:':: '.,f) . -r . '- '''' "' o:~ ::'.'.3 '- .. ... ... f,""!LU .. .. .. ..J -~ '~'", ~ 1i ~) .., Lt~ ", ..~:: ~ l:: .. ... .{J C) C::t '::"~J .. ~ "~ c.:~ (.) .. "'" G , I \ , ~ () ~ J J \) () ~ ~ 0 4 ~ " ~ ""- /.4 ~ . . ~ ~ ~ =?- Vi ry 3 ~ , ~ 11 + .ct ~ ) ~ i 1:1) <>- ~ M ~ I1 - \~ -...J ~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-2493 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY, To satisfy the debt, interest and costs due WELLS FARGO FINANCIAL P A, INC. Plaintiff (s) From CHARLES J. WEVODAU (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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $124,994.69 L.L. $.50 Interest FROM 6/22/06 TO 12/6/06 (PER DIEM - $20.55) - $3,431.85 AND COSTS Atty's Comm % Due Prothy $1.00 Ally Paid $123.20 Other Costs Plaintiff Paid Date: JUNE 26, 2006 CURTIS R. LONG (Seal) Proth02 ~ ~y: 4, - P ~L.t..~ Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, P A 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court lD No. 62205 ( ... WELLS FARGO FINANCIAL P A, INC. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS CHARLES J. WEVODAU CIVIL DIVISION Defendant(s). NO. 06-2493 AFFIDA vrT PURSUANT TO RULE 3129 (Affidavit No. I) WELLS FARGO FINANCIAL PA, 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 ,501 SEVENTH STREET, SUMMERI>ALE, PA 17093. 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CHARLES J. WEVODAU 501 SEVENTH STREET SUMMERDALE, PA 17093 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) WELLS FARGO FINANCIAL BANK 3201 NORTH 4TH A VENUE SIOUX FALLS, SD 57104 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 501 SEVENTH STREET SUMMERDALE, P A 17093 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. June 22. 2006 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff o ,- ,.., :s Cy.... r- .... I ,,) 0'" (~:~} (..') '\...C) PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO FINANCIAL PA, INC. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION CHARLES J. WEVODAU NO. 06-2493 Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff .......;y {"') j~:;) ::-r1 ~ . ~'-, c::c..... \"'., (y\ ~ " WELLS FARGO FINANCIAL PA, INC. Plaintiff, CUMBERLAND COUNTY v. No. 06-2493 CHARLES J. WEVODAU Defendant(s). June 22, 2006 TO: CHARLES J. WEVODAU 501 SEVENTH STREET SUMMERDALE, P A 17093 ""THIS FIRM IS A DEBT COLLECTOR ATTEMPTING 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 ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY."" Your house (real estate) at. 501 SEVENTH STREET. SUMMERDALE. PA 17093, is scheduled to be sold at the Sheriffs Sale on DECEMBER 6. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $124.994.69 obtained by WELLS FARGO FINANCIAL PA, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. ... , You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 " . LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land located in Summerdale, EastPennsboro Township, Cumberland County, Pennsylvania, and bounded and described as follows, to wit: BEGINNING at a point on the east side of Seventh Street (an 18-foot right of way with 13 feet macadam) and extending in a northwesterly direction along said Seventh Street, North 40 degrees 44 minutes West, 127.88 feet to a stake at lands now or formerly of Alma Benner; thence in an easterly direction along line of lands now or formerly of Alma Benner, North 70 degrees 19 minutes East 258.44 feet to a stake on the west side of Sixth Street (a 56-foot wide right of way); thence in a southerly direction along the said Sixth Street, South 19 degrees 41 minutes East 101.71 feet to a stake at the comer of Lot No.2 on the hereinafter mentioned Subdivision Plan; thence in a westerly direction along Lot No.2 South 70 degrees 19 minutes West 129.23 feet to a stake; thence continuing along the same South 58 degrees 21 minutes 15 seconds West 85.12 feet to a stake on the east side of Seventh Street, the point of BEGINNING. BEING known and numbered as 501 Seventh Street, Summerdale, Pennsylvania. BEING Lot No.1 as shown on a Final Subdivision Plan for CarlL. Wevodau, prepared by Hartman & Associates, Inc., dated August 10, 1999, recorded in Cumberland County Plan Book 79, Page 130; and having thereon erected a one-story frame dwelling and a garage. BEING PART OF THE SAME PREMISES which CarlL. Wevodau and Audrey A. Wevodau, by deed dated April 30, 1998, and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 178, Page 91, granted and conveyed unto CarlL. Wevodau, one of the Grantors herein. AND BEING PART OF THE SAME PREMISES which CarlL. Wevodau and Carrie S. Wevodau, by deed dated October 28,1988, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book Q-33, Page 330, granted and conveyed unto CarlL. Wevodau and Carrie S. Wevodau, the Grantors herein. Being Parcel # 09-11-3005-027 A PREMISES BEING: 501 SEVENTH STREET, SUMMERDALE, PA 17093. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Charles 1. Wevodau, a single man, by Deed from Carl L. Wevodau and Carrie S. Wevodau, husband and wife, dated 12-30-99, recorded 1-20-00 in Deed Book 215, page 147. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN CarlL. Wevodau, a married man, by Deed from CarlL. Wevodau and Audrey A. Wevodau, dated 4-30-98, recorded 5-20-98 in Deed Book 178, page 91. <-' C'., C','.:' (.J-' c._ (,': ", 0' " ';'-'A .-\ ..C-n ryt f-i:. '" :--'~ ~-;? 0.) \.Cj l../t-A3 .. J . . AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO FINANCIAL P A, INC. CUMBERLAND COUNTY / No. 06-2493 DEFENDANT(S) CHARLES J. WEVODAU ~S# 13a>9ctl ACCT. #1180005253 SERVE: CHARLES J. WEVODAU 501 SEVENTH STREET SUMMERDALE, PAl 7093 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 6,2006 SERVED Served and made known to C J,CJ' I"I:'.! J. wevodqu ,Defendant, on the at pl/ ,0'c1ockt.m., at Sol S~ IJe...+", S-/., '2 >'\ d day of "'J"...! Y , 200' . Commonwealth of Pennsylvania, in the manner described below: ~efendant 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 oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place Qfbusiness. an officer of said Defendant(s)'s company. Other: Description: Age~S; Height~" Weightfu Race~Sex~ Other I, ---1 r" 'I d. (2lJ JJ er f-.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 ofSherifrs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. -- ~: .." ,~jdiifTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. S ate of New Jersey PATRICIA E. HARRIS NOT SERVED Commission Expires June 16, 2008 un the day of ,200~, at o'clock _.m., Defendant NOT FOUND because: .lJ~ ~ Moved Unknown No Answer Vaeant 1" Attempt: I I Time: 2ad Attempt: / I 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 - I.D. No. 62205 Q c ;:;: -ut-:;:! 1;;;,F c~l ~/ -c..-,. ~r. ',-'"", " -::t7' C~. Z ::;! ~ = cr' o -n 5:!:n rilr- -0'" -00 ;") i) ':::"~1 ~,::'. 'C_j.) ~4a ..('e-rn ~ r.: ;~ ",. c: G;") t.:> -0 ;:J;; 'i? ~, U) SHERIFF'S RETURN - REGULAR CASE NO: 2006-02493 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO FINANCIAL PA INC VS WEVODAU CHARLES J WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WEVODAU CHARLES J the DEFENDANT , at 1817:00 HOURS, on the 12th day of May , 2006 at 501 SEVENTH STREET SUMMERDALE, PA 17093 by handing to CHARELS J WEVODAU a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: ~ jl,-"ft>{,. 18.00 13.20 .00 10.00 .00 41.20 ~~~d<~ R. Thomas Kline day of 05/15/2006 PHELAN HALLINAN SCHMIEG BY:~ V ~ Deputy Sheriff Sworn and Subscribed to before me this A.D. Prothonotary Wells Fargo Financial PA, Inc. VS Charles J. Wevodau In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-2493 Civil Tenn Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on September 21,2006 at 6:05 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Charles J. Wevodau, by making known unto Elaine Wevodau, wife of Charles Wevodau, at 501 Seventh Street, Summerdale, Cumberland County, Pennsylvania its cuntents and at the same time handing to her personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 11,2006 at 11:31 o'clock A.M., he posted a true copy ofthe within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Charles J. Wevodau located at 501 Seventh Street, Summerda1e, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Charles J. Wevodau, by regular mail to his last known address of 50 I Seventh Street, Summerdale, P A 17093. This letter was mailed under the date of October 05, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instruction from Attorney Daniel Schmieg. Sheriffs Costs: Total 30.00 22.23 15.00 15.00 .50 1.00 28.16 1.56 15.00 20.00 551. 00 418.58 15.96 1133.99 ,/ Q- /J.j14{O(.. Docketing Poundage Posting Bills Advertising Law Library Prothonotary Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills ).~ ~ 5't.11~t:l '" CA\. 1 . {J.Y So Answers: R. Thomas K~8{..-...~ ~ WELLS FARGO FINANCIAL P A, INC. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS CHARLESJ.WEVODAU CIVIL DIVISION Defendant(s). NO. 06-2493 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) WELLS FARGO FINANCIAL PA. 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 .501 SEVENTH STREET. SUMMERDALE. PA 17093. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Kn<;>wn Address (if address cannot be reasonably ascertained, please indicate) CHARLES J. WEVODAU 501 SEVENTH STREET SUMMERDALE, P A 17093 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 oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WELLS FARGO FINANCIAL BANK 3201 NORTH 4TH AVENUE SIOUX FALLS, SD 57104 S. 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 501 SEVENTH STREET SUMMERDALE, PA 17093 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. June 22, 2006 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff r , WELLS FARGO FINANCIAL P A, INC. Plaintiff, CUMBERLAND COUNTY v. No. 06-2493 CHARLESJ.WEVODAU Defendant( s). June 22, 2006 TO: CHARLES J. WEVODAU 501 SEVENTH STREET SUMMERDALE, P A 17093 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING 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 A TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at. 501 SEVENTH STREET. SUMMERDALE. PA 17093. is scheduled to be sold at the Sheriffs Sale on DECEMBER 6. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $124.994.69 obtained by WELLS FARGO FINANCIAL P A. INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale thrQugh 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 ifthe bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out 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 ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 LEGAL DESCRIPTION ALL THA T CERTAIN lot or piece of land located in Summerdale, East Pennsboro Township, Cumberland County, Pennsylvania, and bounded and described as follows, to wit: BEGINNING at a point on the east side of Seventh Street (an 18-foot right of way with 13 feet macadam) and extending in a northwesterly direction along said Seventh Street, North 40 degrees 44 minutes West, 127.88 feet to a stake at lands now or formerly of Alma Benner; thence in an easterly direction along line of lands now or formerly of Alma Benner, North 70 degrees 19 minutes East 258.44 feet to a stake on the west side of Sixth Street (a 56-foot wide right of way); thence in a southerly direction along the said Sixth Street, South 19 degrees 41 minutes East 101.71 feet to a stake at the comer of Lot No.2 on the hereinafter mentioned Subdivision Plan; thence in a westerly direction along Lot No.2 South 70 degrees 19 minutes West 129.23 feet to a stake; thence continuing along the same South 58 degrees 21 minutes 15 seconds West 85.12 feet to a stake on the east side of Seventh Street, the point of BEGINNING. BEING known and numbered as 501 Seventh Street, Summerdale, Pennsylvania. BEING Lot No.1 as shown on a Final Subdivision Plan for Carl L. Wevodau, prepared by Hartman & Associates, Inc., dated August 10, 1999, recorded in Cumberland County Plan Book 79, Page 130; and having thereon erected a one-story frame dwelling and a garage. BEING PART OF THE SAME PREMISES which Carl L. Wevodau and Audrey A. Wevodau, by deed dated April 30, 1998, and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 178, Page 91, granted and conveyed unto Carl L. Wevodau, one of the Grantors herein. AND BEING PART OF THE SAME PREMISES which Carl L. Wevodau and Carrie S. Wevodau, by deed dated October 28, 1988, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book Q-33, Page 330, granted and conveyed unto Carl L. Wevodau and Carrie S. Wevodau, the Grantors herein. Being Parcel # 09-11-3005-027A PREMISES BEING: 501 SEVENTH STREET, SUMMERDALE, PA 17093. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Charles J. Wevodau, a single man, by Deed from Carl L. Wevodau and Carrie S. Wevodau, husband and wife, dated 12-30-99, recorded 1-20-00 in Deed Book 215, page 147. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Carl L. Wevodau, a married man, by Deed from Carl L. Wevodau and Audrey A. Wevodau, dated 4-30-98, recorded 5-20-98 in Deed Book 178, page 91. WRIT OF EXECUTION and/or ATTACHMENT . COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO FINANCIAL P A, INC. Plaintiff (s) NO 06-2493 Civil CIVIL ACTION - LAW From CHARLES J. WEVODAU (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $124,994.69 L.L. $.50 Interest FROM 6/22/06 TO 12/6/06 (PER DIEM - $20.55) - $3,431.85 AND COSTS Atty's Corum % Due Prothy $1.00 Atty Paid $123.20 Other Costs Plaintiff Paid Date: JUNE 26, 2006 ( Seal) CURTIS R. LONG Pro~ ~ ~y: E. 'Yl/2,,<-1 Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 01 On August 17, 2006 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, P A Known and numbered as 501 Seventh Street, Summerdale, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 17,2006 By: \.Joclq .}VV\",f h, Real Estate Sergeant D IE - - ~.-- b S :01 'r:I l - lOr qaal VJ .:;~ ~U~01~1f~~lff 51~]B:J PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is 'exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: October 20, October 27 and November 3, 2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. TO AND SUBSCRIBED before me this day of November. 2006 NOTARI SEAL LOIS E. SNYDER. Notary PUblic Carlisle Boro, Cumberland Ctunty My Commission Expires March 5. 2009 REAL ESTATE SALE NO. 1 - Writ No. 2006-2493 Civil Wells Fargo Fm' . anclal PA, Inc. vs. Charles Wevodau Atty.: Daniel Schlllleg ALLLiHAGALy DESCRIPTION CERTAIN I . of land located in S ot or pIece Pennsboro Town h~mmerdale, East County Penn I SIp, Cumberland , sYVania db and desclibed as ti 11 ' an ounded BEGINNING a 0 ow~. to Wit: east side of S t a pOInt on the foot right of weventh Street (an 18- adam) and exte~:U: 13 feet mac- erly direction alo g m a. northwest_ Street. North 40 ~~ saId Seventh utes West, 127.88 ti grees 44 min- lands now or t: eet to a stake at Benner; thence i~merly of Alma rection along I' an easterly di- ti Ine of land Ormerly of AIm s now or degrees 19 i a Benner, North 70 feet to a stakm nutes East 258.44 Sixth Street (ae 5~nti the West side of way); thence in a- oot Wide light of tion along the s ,southerly direc- South 19 degrees ~~ S~h Street, 101.71 feet to mmutes East of Lot NO.2 on ~setake ~t the corner Honed SubdiV1' i heremafter men- s on Plan' th a westerly directi ,ence in South 70 degreesO~9alo~g Lot NO.2 129.23 feet t mmutes West t' 0 a stake' th lUuing along th ' ence con- degrees 21 . e same South 58 West 85.12 /:;~nt~tes 15 seConds east side of S a stake on the of BEGINN;~~th Street, the POint T BEING known and numbered as 501 Seventh Street, Summerdale. Pennsylvania. BEING Lot No. 1 as shown on a Final Subdivision Plan for Carl L. Wevodau. prepared by Hartman & Associates. Inc., dated August 10. 1999, recorded in Cumberland County Plan Book 79, Page 130; and having thereon erected a one-story frame dwelling and a garage. BEING PART OF THE SAME PREMISES which Carl L. Wevodau and Audrey A. Wevodau, by deed dated April 30, 1998, and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 178, Page 91. granted and conveyed unto Carl L. Wevodau, one of the Grantors herein. AND BEING PART OF THE SAME PREMISES which Carl L. Wevodau and Carrie S. Wevodau. by deed dated October 28, 1988, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book Q-33, Page 330, granted and conveyed unto Carl 1. Wevodau and Carrie S. Wevodau, the Grantors herein. Being Parcel # 09-11-3005-027A PREMISES BEING: 501 SEV- ENTH STREET, SUMMERDALE. PA 17093. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Charles J. Wevodau, a single man, by Deed from Carl L. Wevodau and Carrie S. Wevodau, husband and wife, dated 12-30-99. recorded 1-20-00 in Deed Book 215. page 147. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Carl L, Wevodau, a married man, by Deed from Carl L. Wevodau and Audrey A. Wevodau, dated 4-30-98. recorded 5-20-98 in Deed Book 178, page 91. .' I THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth ofPellllsy1vania, 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 Pellllsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State ofPellllsylvania, 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 25th day(s) of October and the 1st and 8th day(s) of November 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy S ALE #1 Sworn to and subsc . e # , CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ..I~ ~=~.:~Gf~ . 1Il~~ .... ..m , .' '. o.y.~,- -..Ill " ~_...~~ e..u....... ~ _. JJ __..klwa. ~1It a:......eutlide.rt.se.eum '$Rd,,-tH6t .of way__ 13 feet .'''''1I!t .... ill i ~y ~ .. ...~..... SlIIct, NOllh 40 :. . ,. ..-... ...l21.8hctkl aslake i" .. _ .'~ 1lf._ Beur:r; ill . " . ..,liDeof _ 10 .. . . !li.....1IIli~.... ~....f A ,...... .