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HomeMy WebLinkAbout06-3050 G. 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 135312 A TTORNEY FOR PLAINTIFF WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM 0(, - 3 () 5lJ NO. CUMBERLAND COUNTY v. WILLIAM R. STONER 80 WINTER LANE ENOLA, P A 17025 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 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 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 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 #: 135312 F,le #: 135312 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL EST ATE. 1. Plaintiff is WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known addressees) of the Defendant(s) are: WILLIAM R. STONER 80 WINTER LANE ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 09/0111993 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to BANK UNITED OF TEXAS, FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No.1 162, Page: 451. By Assignment of Mortgage recorded 2/28/2005 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Mortgage Book No.7 I 5, Page 3878. 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 0 I /0 I /2006 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 #: 135312 6. The following amounts are due on the mortgage: Principal Balance Interest 12/01/2005 through OS/23/2006 (Per Diem $11.14) Attorney's Fees Cumulative Late Charges 09/0111993 to OS/23/2006 Cost of Suit and Title Search Subtotal $54,845.78 1,938.36 1,250.00 122.91 $ 550.00 $ 58,707.05 Escrow Credit Deficit Subtotal TOTAL - 533.00 0.00 $- 533.00 $ 58,174.05 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave 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. 10. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $58,174.05, together with interest from OS/23/2006 at the rate of$11.I4 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 ~. / f-f?~. By: IslFrancis S. Hallinan LA WRENCE T. PHELAN. ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: I3SJ 12 LEGAL DESCRIPTION ALL THAT CERTAIN unit in the property known, named and identified in the Declaration Plan; referred to below as Westwood Village Condominium located in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, which has heretofore been submitted to the provisions of the Unit Property Act of Pennsylvania, Act of July 3, 1963, P.L. 1963, by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration Creating and Establishing Westwood Village Condominium dated January 29, 1975, and recorded on January 29. 1975, in Misc. Book 213 at Page 283, and amended by a certain First Amendment to Declaration Creating and Establishing Westwood Vilage Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222 at Page 729, and a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21,1976 and recorded on July 26,1976 in Misc. Book 223 at Page 343, and a Code of Regulations of Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975 in Misc. Book 213 at Page 328, and amended by a certain First amendment to Code of Regulation of Westwood Village Condominium dated May 28,1976, and recorded on June 22,1976, in Misc. Book 222 at Page 737, and Declaration Plan of Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975 in Plan Book 26 at Page 15, and amended by a certain First Amendment to Declaration Plan of Westwood Village Condominium dated July 21, 1976 and recorded on July 26, 1976 in Plan Book 28 at Page 72, being designated on said Declaration Plan of Westwood Village Condominium as Unit No. 112, L 7F3 in Block #2, Building #4, known as No. 112 Brian Drive, Enola, Pennsylvania, as more fully described in such Declaration Plan and Declaration Creating and Establishing Westwood Village Condominium, as the same appears of record as set forth above, including any amendments thereto, TOGETHER with a proportionate undivided interest in the Common Elements (as defined in such Declaration) of one and two hundred forty-six thousandths percent (1.246 percent). BEING the same premises which Kurt M. Oraecz, by his deed dated March II, 1988 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 'F', Volume 33, Page 756 granted and conveyed unto Sandra Kline. Sandra Kline aIkIa Sandra A. Kline died intestate on May 5, 1993 and Letters of Administration were granted to Terry L. Kline on May 13, 1993. PREMISES BEING: 112 BRIAN DRIVE, ENOLA, P A 17025. PARCEL NO: 09.12.2992.00IA04112.2 File #: \J5l \2 VERIFICATION 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 infonnation supplied by Plaintiff and are true and correct to the best of his knowledge, infonnation and belief. Furthennore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~/liL FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: 5)2'010(0 ~~ ~ ~h ~ s;.;:~: ~ . .'. ~~: - "f. ~;:~ ~~~ ~. ~ ~ '] ~"h -\ :1:>" rnr=: 8~) :~~:.\1 ~ i)~ ~A - ~~ .. ?ii en ::< '" -;:. i.~ -< "" 0"' PHELAN HALLINAN & SCHMIEG, L.L.P. .. ... By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN ST A nON 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, CIVIL DIVISION v. NO. 06-3050 CIVIL WILLIAM R. STONER Defendanl(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against WILLIAM R. STONER, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 5/24/06 to 7/24/06 TOTAL $58, I 74.05 $690.68 $58,864.73 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, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICA TED. DATE: .... ){L.Lt :JJ.., ( d..6Ob .. PHELAN HALLINAN & SCHMIEG, LLP '00 By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 WELLS FARGO BANK, N.A. Plaintiff ATIORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY WILLIAM R. STONER Defendants : NO. 06-3050-CIVIL TO: WILLIAM R. STONER 80 WINTER LANE ENOLA, PA 17025 FILE COpy DATE OF NOTICE: JULY 5. 2006 TillS FIRM IS A DEBT COLLECfOR ATIEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATIEMPT 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 ATIEMPT 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 WRITIEN APPEARANCE PERSONALLY OR BY A TIORNEY 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 IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE 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 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff " PHELAN HALLINAN & SCHMIEG, L.L.P. ~ By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK, N.A. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 06-3050 CIVIL WILLIAM R. STONER 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 WILLIAM R. STONER is over 18 years of age and resides at, 80 WINTER LANE, ENOLA, P A 17025. 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'lfst~ - () ; ~ ~ IV l>J:2 ;::-.., ~ ~ ~ r- ,.-4 ,\ ;'<~ 0" -' -- C,' \ ". 1 (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. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 06-3050 CIVIL WILLIAM R. STONER Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 0LAl" :J. ~ 200 lo By ~~~,~~" If you have any questions concerning this matter, please contact: ~ 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." PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK, N.A. Plaintiff, v. No. 06-3050 CIVIL WILLIAM R. STONER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOT AR Y: Issue writ of execution in the above matter: Amount Due $58,864.73 Interest from 7/24/06 to DECEMBER 6, 2006 (per diem -$9.68) $1,306.80 and Costs TOTAL $60,171.53 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. (". , trl ~ ';. <( ll-< <( Z ~ OZ s ~ <( ~ ~ ..; ~... G ., ~ ~~ ~ ~ ~~ ~ if> ll-<i:Jl Z $ 6~ \;Ole, ~ 6 1;l;<,S ,.;l ~ ~~~ ~ o't ~ e ~~ if> Q:l ~ ~ ~ ~~ 0 ,iJ .. ~ ~~ ... <Q ~s ~ ~~ ~ Po ., 4t. 0" $ ~ Ov ~ ~ I;l;< Q ~~ i:Jl ... \;Ol'6 fA 1 s~ ~ ~ ~ ., ~i \;Ol v ~ ~ ~ ~ VI ~\ "" Jl ~ v -+ .~ " A \_> ... .. - ....,~. A'= .,' .- .. , ~ ..... - - .a~ .. w f"") ,,0 - .. ... ~ ,,-...1 c1~ - . . rl <; ~ :: ... ... 1.1} ~ ... ... ... - .. ~ v_ .' ~' \ \ 0 ~ I , \ 0 v, 1: ! ~ ~ ~ a . ~~~ - bi- () l4 't1r '=) . . . . :t' ~?C'( ~~ t"( :r -.. "t>J- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-3050 Civil CML ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., Plaintiff (sj From WILLIAM R. STONER (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) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $58,864.73 L.L. $.50 Interest FROM 7/24/06 TO 12/6/06 (pER DIEM - $9.68) - $1,306.80 AND COSTS Atty's Corom % Due Prothy $1.00 Atty Paid $144* Other Costs Plaintiff Paid Date: JULY 26, 2006 (Seal) CURTIS R. LONG ProthO~ 9 ~ / '--By: 12A..'L .. 'q4<-l.c Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PIDLADELPHlA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ill No. 62205 LEGAL DESCRIPTION ALL THAT CERTAIN unit in the property known, named and identified in the Declaration Plan; referred to below as Westwood Village Condominium located in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, which has heretofore been submitted to the provisions of the Unit Property Act of Pennsylvania, Act of July 3,1963, P.L. 1963, by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, ofa Declaration Creating and Establishing Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975, in Misc. Book 213 at Page 283, and amended by a certain First Amendment to Declaration Creating and Establishing Westwood Vilage Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222 at Page 729, and a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21, 1976 and recorded on July 26, 1976 in Misc. Book 223 at Page 343, and a Code of Regulations of Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975 in Misc. Book 213 at Page 328, and amended by a certain First amendment to Code of Regulation of Westwood Village Condominium dated May 28, 1976, and recorded on June 22,1976, in Misc. Book 222 at Page 737, and Declaration Plan of Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975 in Plan Book 26 at Page 15, and amended by a certain First Amendment to Declaration Plan of Westwood Village Condominium dated July 21,1976 and recorded on July 26,1976 in Plan Book 28 at Page 72, being designated on said Declaration Plan of Westwood Village Condominium as Unit No. 112, L 7F3 in Block #2, Building #4, known as No. 112 Brian Drive, Enola, Pennsylvania, as more fully described in such Declaration Plan and Declaration Creating and Establishing Westwood Village Condominium, as the same appears of record as set forth above, including any amendments thereto, TOGETHER with a proportionate undivided interest in the Common Elements (as defined in such Declaration) of one and two hundred forty-six thousandths percent (1.246 percent). BEING the same premises which Kurt M. Oraecz, by his deed dated March 11, 1988 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 'F', Volume 33, Page 756 granted and conveyed unto Sandra Kline. Sandra Kline aIkIa Sandra A. Kline died intestate on May 5, 1993 and Letters of Administration were granted to Terry L. Kline on May 13, 1993. PARCEL IDENTIFICATION NO: 09.l2.2992.001A04112.2 CONTROL #: 0900640 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN William R. Stoner, single man, by Deed from Terry L. Kline, as Administrator of the Estate of Sandra A. Kline, aIkIa, Sandra Kline, deceased, dated 09/01/1993, recorded 09/07/1993, in Deed Book 36 M, page 1146. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Sandra Kline, a single Person, by Deed from Kurt M. Oravecz, a single person, dated 03/11/1988, recorded 03/14/1988, in Deed Book F - 33, page 756. PREMISES BEING: 112 BRIAN DRIVE, ENOLA, P A 17025 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK, N.A. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION WILLIAM R. STONER NO. 06-3050 CIVIL 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: (X) an FHA mortgage () non-owner occupied () vacant () 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 -~ ;--,-, ,.-.., , - WELLS FARGO BANK, N.A. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS WILLIAM R. STONER CIVIL DIVISION Defendant(s). NO. 06-3050 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) 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 .112 BRIAN DRIVE. ENOLA. P A 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WILLIAM R. STONER 80 WINTER LANE ENOLA, PA 17025 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) UMLIC VP, LLC PO BOX 471827 CHARLOTTE, NC 28247 " - 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) UM ACQUISITIONS, LLC 6701 CARMEL ROAD, STE. 110 CHARLOTTE, NC 28226 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 112 BRIAN DRIVE ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 WESTWOOD VILLAGE CONDOMINIUM ASSOCIATION 650 WESTWOOD DRIVE ENOLA, PA 17025 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. Julv 24. 2006 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff __ t c , .=:;-\ :'-:-~ .) C"l. - ( ./ - WELLS FARGO BANK, N.A. Plaintiff, CUMBERLAND COUNTY v. No. 06-3050 CIVIL WILLIAM R. STONER Defendant(s). July 24, 2006 TO: WILLIAM R. STONER 80 WINTER LANE ENOLA, PA 17025 . .THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY... Your house (real estate) at .112 BRIAN DRIVE. ENOLA. PA 17025. is scheduled to be sold at the Sheriff's Sale on DECEMBER 6. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $58.864.73 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: 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 ifthe 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 mav not be sold in the absence of a reDresentative of the Dlaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 .,' .J> LEGAL DESCRIPTION ALL THAT CERTAIN unit in the property known, named and identified in the Declaration Plan; referred to below as Westwood Village Condominium located in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, which has heretofore been submitted to the provisions ofthe Unit Property Act of Pennsylvania, Act of July 3, 1963, P.L. 1963, by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, ofa Declaration Creating and Establishing Westwood Village Condominium dated January 29, 1975, and recorded on January 29,1975, in Misc. Book 2]3 at Page 283, and amended by a certain First Amendment to Declaration Creating and Establishing Westwood Vilage Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222 at Page 729, and a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21, 1976 and recorded on July 26, 1976 in Mise, Book 223 at Page 343, and a Code of Regulations of Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975 in Misc. Book 213 at Page 328, and amended by a certain First amendment to Code of Regulation of Westwood Village Condominium dated May 28,1976, and recorded on June 22, ]976, in Misc. Book 222 at Page 737, and Declaration Plan of Westwood Village Condominium dated January 29, 1975, and recorded on January 29, ] 975 in Plan Book 26 at Page 15, and amended by a certain First Amendment to Dec]aration Plan of Westwood Village Condominium dated July 21,1976 and recorded on July 26,1976 in Plan Book 28 at Page 72, being designated on said Declaration Plan of Westwood Village Condominium as Unit No. 112, L7F3 in Block #2, Building #4, known as No. ] 12 Brian Drive, Enola, Pennsylvania, as more fully described in such Declaration Plan and Declaration Creating and Establishing Westwood Village Condominium, as the same appears of record as set forth above, including any amendments thereto, TOGETHER with a proportionate undivided interest in the Common Elements (as defined in such Dec]aration) of one and two hundred forty-six thousandths percent (1.246 percent). BEING the same premises which Kurt M. Oraecz, by his deed dated March I 1, 1988 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 'F', Volume 33, Page 756 granted and conveyed unto Sandra Kline. Sandra Kline aJk!a Sandra A. K]ine died intestate on May 5, 1993 and Letters of Administration were granted to Terry L. Kline on May 13, 1993. PARCEL IDENTIFICATION NO: 09.12.2992.00IA04112.2 CONTROL #: 0900640 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN William R. Stoner, single man, by Deed from Terry L. Kline, as Administrator of the Estate of Sandra A, Kline, aJk!a, Sandra Kline, deceased, dated 09/0111993, recorded 09/07/1993, in Deed Book 36 M, page 1146. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Sandra Kline, a single Person, by Deed from Kurt M. Oravecz, a single person, dated 03/11/1988, recorded 03/14/1988, in Deed Book F - 33, page 756. PREMISES BEING: 112 BRIAN DRIVE, ENOLA, P A 17025 r-.,' c' __I ,"~ ') U' -" ~.,., c SHERIFF'S RETURN - REGULAR I CASE NO: 2006-03050 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND - - - - WELLS FARGO BANK NA VS STONER WILIAM R JESSICA HERMANSEN , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon STONER WILLIAM R the DEFENDANT , at 1053:00 HOURS, on the 13th day of June 2006 at 80 WINTER LANE ENOLA, PA 17025 by handing to - ,- -- -- - WILLIAM STONER - -- 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: 18.00 13.20 .00 10.00 .00 41. 20 ;/ ~ 1-/'1" ~(". Sworn and Subscibed to _?,~~-J R. Thomas Kline 06/14/2006 PHELAN HALLINAN SCHMIEG - - - -- -- By: - ~ before me this day of A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-03050 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS - - - -- - - STONER WILIAM R R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT STONER WILLIAM R but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , STONER WILLIAM R - .- - -- - .- ~- 112 BRIAN DRIVE ENOLA, PA 17025 112 BRIAN DRIVE IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge So answers: Sworn and 6.00 .00 5.00 10.00 .00 21.007 PHELAN HALLINAN (~ 1. 11/o~ 06/14/2006 Subscribed to before R. Thomas Kline Sheriff of Cumberland County SCHMIEG day of - - ".~ -- - - me this A.D. .'# # AFFIDA VIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF WELLS FARGO BANK, N.A. /LLD No. 06-3050 CIVIL DEFENDANT(S) WILLIAM R. STONER ACCT. #0010755601 SERVE: WILLIAM R. STONER 80 WINTER LANE ENOLA, PA 17025 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 6, 2006 SERVED Served and made known to lAJ ('ll ; <\N\. e. s::t-d>^ er- , Defendant, on the I & ,200.4. at l( :5"1 o'clock .p.m., at &t> ......., : (\ i er I Q "e day of Af.4fj....sof- , Commonwealth of Pennsylvania, in the manner described below: ~Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which 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: Descri~on: Age /.fo-S't' Height (, , t t\ Weight 2, 0 Race W Sex.A/l Other I, ---1) au I,: d. ((" b et+S , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy ofthe Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. f)~ ,SE .t\T,TEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE d f\ ::\'1 J ;r8ey ATTEMPTED. PMi\i~~;;'. :::. HARRIS Commission Expires June 16, 2008 NOT SERVED On the day of , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 2nd Attempt: / / Time: 1 st Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire I.D. No. 62205 ~~ z1 (') ~; ..c -n\-. 6\f' r-~ i0 <::,,"""" 9, <. > --~ c. c :~. ':2, o I-.,,--:J ...., _-4 -r:.-r1 M1P ~i \z;. ~?\ '~~\ );:j :-< -0 -,-e --.C... .r:' . . l'0 . - PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A. ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County William R. Stoner No. 06-3050 Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on May 26, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on July 26,2006 in the amount of$58,864.73. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(I), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 6,2006. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through 12/06/06 Per Diem $11.43 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/BPO MIP/PMI NSF Suspense/Misc. Credits Escrow Deficit $54,845.78 4,182.04 122.91 1,675.00 1,109.50 0.00 120.00 345.00 0.00 0.00 0.00 250.85 TOTAL $62,651.08 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date: J/ 1~7/~ I Phelan Hallinan & Schmieg, LLP BY:~ Miche e M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. LD. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A. ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County William R. Stoner No. 06-3050 Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Defendant executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 112 Brian Drive, Enola, PA 17025. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P .L.E., Judgments ~ 191. Steohenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319,321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corv. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Cionl!oli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank. 445 Pa. 117,282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545,2 A.2d 826 (1939). Because ajudgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Bums, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct ajudgment to conform to the facts of a case. 257 Pa. Super. 157,390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms ofthe Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. Ill. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. IV. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. v. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal SavinJ!s and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee often percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee often percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VI. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: /1 J~ll 1M J I By~mieg, LLP . iche e M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" PHELAN HALUNAN & SCHMIEG, LLP LA WRENCE T. PHELAN, ESQ., Jd. No. 32227 FRANCIS S. HALLINAN, ESQ.. fd- No- 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) S63~ 7000 135312 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 2971 5 A TIORNEY FOR PLAlNTIFF Plaintiff COURT OF COMMON PLEAS crvIL DIVISION TERM v. NO. 0(,--- ~o6() CUMBERLAND COUNTY ~ WILLIAM R. STONER 80 WINTER LANE ENOLA, PAl 7025 Defendant 0 r--,) ~ ~ ~ ~ <:r"o :s:. ~ ~g, .!t ~~ Z ~h; ~s.,-: f'o;3 :nO O"'t g6 if~l .." :j: =;-, ::: r~~6 om ;Pc - -I ~ .. ~ U1 en CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE Yau have been sue{) 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 fortn 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 rNfORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH lNFORMA nON 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 Sueet Carlisle, PA 17013 (800)990-9lO8 We hereby certify the \Nithin to be a true and correct copy of the i original filed of record ...... ':;';'3;0 ~~-,.;;) ATTORNEY FILE COPY PLEASE RETURN File tI: 135312 PHELAN HALLINAN & SCHMIEG, LLP LA WRENCE T. PHELAN, ESQ., [d. No. 32227 FRANCIS S. HALUNAN, ESQ., [d. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 \353/2 WELLS FARGO BANK, N_A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 A TTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY v. WILLIAM R. STONER 80 WINTER LANE ENOLA, PAl 7025 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 a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VE A LA WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH fNFORMA TION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE ALA WYER, 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. We heie'oy cert\fy the d ,",Fhln to t,e a true an ~o'i'r(?;ct copy 01 the.. d . . {llnd Of recor orlg\f.c.\ ill~i . Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A (7013 (800)990-9108 File #: 135312 File II: 135312 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 DISpm.E 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 WRlTIEN 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 W AfT 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. FURTHERMO~E, 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 mE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGA TIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: WILLIAM R. STONER, 80 WINTER LANE ENOLA, P A 17025 who is/are the mortgagor(s) and real owner(s):ofthe property hereinafter described. 3. On 09/01/1993 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to BANK UNITED OF TEXAS, FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1162, Page; 451. By Assignment of Mortgage recorded 2/28/2005 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Mortgage Book No. 715, Page 3878. 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 01/01/2006 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 II: 1353[2 6. The following amounts are due on the mortgage: Principal Balance Interest 12/01/2005 through OS/23/2006 (Per Diem $11.14) Attorney's Fees Cumulative Late Charges 09/01/1993 to OS/23/2006 Cost of Suit and Title Search Subtotal $54,845.78 1,938.36 1,250.00 122.91 $ 550.00 $ 58,707.05 Escl'OW Credit Deficit Subtotal - 533.00 0.00 $- 533.00 TOTAL $ 58,174.05 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has tenninated because Defendant(s) haslhave failed to meet with the PJaintiff 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. 10. This action does not come under Act 9[, of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $58,174.05, together with interest from OS/23/2006 at the rate of$11.14 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 ..sf? ' ~. ~ f-f?~. By: Is/Francis S. Hallinan LA WRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File/!: 135312 LEGAL DESCRIPTION ALL THAT CERTAIN unit in the property known, named and identified in the Declaration Plan; referred'to below as Westwood Village Condominium located in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, which has heretofore been submitted to the provisions of the Unit Property Act of Pennsylvania, Act of July 3, 1963, P.L. 1963, by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration Creating and Establishing Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975, in Misc. Book 213 at Page 283, and amended by a certain First Amendment to Declaration Creating and Establishing Westwood Vilage Condominium dated May 28,1976, and recorded on June 22, 1976, in Misc. Book 222 at Page 729, and a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21, 1976 and recorded on July 26, 1976 in Mise, Book 223 at Page 343, and a Code of Regulations of Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975 in Misc. Book 213 at Page 328, and amended by a certain First amendment to Code of Re.gulation of Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222 at Page 737, and Declaration Plan of Westwood Village Condominium dated January 29, 1975, and recorded on January 29~ 1975 in Plan Book 26 at Page 15, and amended by a certain First Amendment to Declaration Plan of Westwood Village Condominium dated July 21, 1976 and recorded on July 26, 1976 in Plan Book 28 at Page 72, being design.8:ted on said Declaration Plan of Westwood Village Condominium .as Unit No. 112, L7F3 in Block #2, Building #4, known as No. 112 Brian Drive, Enola, Pennsylvania, as more fully described in such Declaration Plan and Declaration Creating and Establishing Westwood Village Condominium, as the same appears of record as set forth above, including any amendments thereto, TOGETHER with a proportionate undivided interest in the Common Elements (as defined in such Declaration) of one and two hundred forty-six thousandths percent (1.246 percent). BEING the same premises which Kurt M. Graecz, by his deed dated March 1 J, 1988 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 'F', Volume 33, Page 756 granted and conveyed unto Sandra Kline. Sandra Kline aIkIa SandraA. Kline died intestate on May 5, 1993 and Letters of Administration were granted to Terry L. Kline on May:! 3, 1993. PREMISES BEING: 112 BRIAN ORNE, ENOLA, P A 17025. PARCEL NO: 09.12.2992.001 A041 12.2 File #: 135312 Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for PlaintilT ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 ' PHD..ADELPHIA, PA 19103-1814 (:lIS) 563-7000 WELLS FARGO BANK, N.A. 3476 STA TEVIEW BOULEV AJlD FORT MILL, se 29715 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION Y. WILLIAM R. STONER NO. OtJ..30SO CIVIL o ~--. ..-~, ~s -=-~ " ,..-- ,-' '''r; -""1 ~;.'. ..-:'-",1 . i-' .:....- ,.-.-- !~ --1 ;:F ,::1 ~~f."~~ [:! ....:'..-' ..~.~~II..~~ I)erendant(s). A; -r n ".' ~ , . ." l.s' F ~Il:: ',/ l~ oj j~" ., . . ,.~ l.. ~ f!' t. ...".~!", " pt t:/t.c' C:' . ~:.:;.... . (. ,.... ~. > '.. t:t:~a;: RF. t ~ 'p~<~ : ......l,)~~~'~~~ \J .' r.,) c"\ 1"-~ . .,4;'"l:" ::.!(::; '"~ ; 'r; ~:~ :D -< . ~ '" '.. ", .. ~~~l~ ''':'j -', -< o C"l PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTIIONOT AR Y: Kindly enter an in rem Judgment in favor of the Plaintiff and against WILLIAM R. STONER, 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 5/24/06 to 7/24/06 TOTAL $58.174.05 $690.68 $58,864.73 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. ATTORNEY FILE COpy PlEASE RETURN l)(lJylJ20 )j.hr~ DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICA TED. DA TE:~f..., ;}..ODO PRO PROTHY f~ \?;5~1~ VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. DATE: ) I J 11 /)(p Phelan Hallinan & Schmieg, LLP BY:~ Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A. A TIORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County William R. Stoner No. 06-3050 Defendant CERTIFICATION OF SERVICE I hereby certifY that true and correct copies of Plaintiffs Motion to Reassess Damages and Brief in Support thereof were sent to the following individual on the date indicated below. William R. Stoner 112 Brian Drive Enola, P A 17025 William R. Stoner 80 Winter Lane Enola, P A 17025 DATE: 1111/~ Phelan Hallinan & Schmieg, LLP By: /2112~?;;~~:EsqUire Attorney for Plaintiff i:] ~~ C) 11 ...... :1: " ri1r=:: :/"': ~:~ ) ~,:,.'rt ill -'0 --<<-""' ~.-;;- \"11 '~ 0,,> '~J :< ~ en C'l WELLS FARGO BANK, NA PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. WILLIAM R. STONER DEFENDANT : NO. 06-3050 CIVIL ORDER OF COURT AND NOW, this 16th day of November, 2006, upon consideration of the Plaintiffs Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before December 6, 2006; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. By the Court, M.~1r.,~ \ J. Michele M. Bradford, Esquire Counsel for Plaintiff William R. Stoner Defendant ~ ~ 4.It.t . . . ~~ JI../~.D(, ~l bas \ \ ~\)\ \4\) <3 \ t\G~ ~~~1. . ~.' \ "'.'. ,'.' " '. ! " \ -' ~l\Jl. .\0 }..ti<i.Jf'\U\ u....;,J'..l ;JI \ -,' j'JH:\O-o:r\\j PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103 -1814 (215) 563-7000 Wells Fargo Bank, N.A. ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County William R. Stoner No. 06-3050 Defendant CERTIFICATION OF SERVICE I hereby certifY that a true and correct copy of the November 16,2006 Rule directing the defendant to show by December 6, 2006 was sent to the following individuals on the date indicated below. William R. Stoner 112 Brian Drive Enola, P A 17025 William R. Stoner 80 Winter Lane Enola, P A 17025 Phelan Hallinan & Schmieg, LLP DATE: 1/ /d--1/61o ~ Michele M. Bradford, Attorney for Plaintiff (') C ~~l .., '::X' ~< <Q~~: ~C ~C '):>>0 ~ ~ ~ ~ .;c: N ex> -0 ~ N .. &' -J Q i% ~.~ Oft' .:::::.t ~ ., SALE DATE: DECEMBER 6. 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WELLS FARGO BANK, N.A. No.: 06-3050 CIVIL vs. WILLIAM R. STONER 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: 112 BRIAN DRIVE. ENOLA. PA 17025. 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 ofthe 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. Jr~--!J~~ DANIEL SCHMIEG, ESQ Attorney for Plaintiff November 29,2006 ~ WELLS FARGO BANK, N.A. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS WILLIAM R. STONER CML DIVISION Defendant(s). NO. 06-3050 CML AMENDED 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 ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .112 BRIAN DRIVE. ENOLA. PA 17025. 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WILLIAM R. STONER 80 WINTER LANE ENOLA, P A 17025 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) UMLIC VP, LLC PO BOX 471827 CHARLOTTE, NC 28247 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) UM ACQUISITIONS, LLC 6701 CARMEL ROAD, STE. 110 CHARLOTTE, NC 28226 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 112 BRIAN DRIVE ENOLA, PA 17025 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 WESTWOOD VILLAGE CONDOMINIUM ASSOCIA nON 650 WESTWOOD DRIVE ENOLA, P A 17025 COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY ~HFLOO~STRAWBERRYSQUARE DEPT. 280601 HARRISBURG, P A 17128 INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER 1001 LIBERTY AVENUE 13TH FLOOR, SUITE 1300 PITTSBURGH, PA 15222 DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 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. November 29.2006 DATE D~~~~QumE Attorney for Plaintiff Name ad Address OrseDder PHELAN HALUNAN & SCHMIEG, L.L.P. One Penn Center at Subll1'ban Station 1617 101m F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 SUPPORT TEAM Line Artide Number tfto_ff Md_ SIroct, oN ...~ AdtI_ ........ ~ ,.. I 2 3 4 5 6 7 8 9 10 11 12 13 14 IS DOMESTIC RBLA nONS OF CUMBERLAND COUNTY. 13 NORlH HANOVER STREET, CARJ.;ISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF WBLFARE. PO BOX 2675, HARRISBURG, PA 17~;r.' ~ j\! 1 ~,. TENANT/OCCUPANT, 112 BRIAN DRIVE, ENOLA; PA 17025 \.1 i.;Jjti~ ~~' _ WILLIAM R. STONER, 80 WINTER LANE, ENOLI\, PA 17025 - '.:'..~;" .fl' ~~ ~ _ WES1WOOO VILLAGECONDOMINIUMASSOCIATION,6S0 WESlWOODDllIVE, ENOLA, PA l7Q25.., -ifl!~;; j _ UMLlCVP, LLC. PO BOX 471827, CHARL01TE,NC 28247 ' I,' tit ~ ~ UM ACQUISnlONS, u..c, 6701 CARMEL ROAD, STE. 110, CHARLOTTE, HC 28226 ( r.,l i ~ .= __.___h\.~:-~~~' _ ~",g< '.~ - WILLIAM R. STONER CQS " I r \\,.. \",..:; ~ ;J-- -1- T.._....of _LiIIod By_.. T.... N_ofl'ioeeo R*wd III Po" 01'1<< _.P..(Nneor~ l!mplo>yee} no lWl doc_ 0(......__011... _ _........_1.....__. '/lie ............"poyobIo b lhc.---ot-.;a.w.__ioqoaoMoiao---......, ~iI $jO,OOO,Oll.....-- ..l!joctlo.JiJoIloUJOo,OOO...._ the ...........itoIcIWlIlIy..,....OI1~MIiI_ _I. 55Gll.TIoe _........., ...,.... ilW.OOO b~ lUll, _,"",oplioaol",,-, SooDomoolio MoiI_ R9OO,59U _ 5921 ...........of_. . ~rJ ~!. "'z it ~s., i 00 -1 0\ V. ~ ~rJ s: 9.E F ~I ~ o 0 ~ ~;. id ll~ ~ ~ ~ ig ~ l~ -~ ." tl 'Z ~ o i ~'. QQ ~"'g.~d 88='<1 s 1n~a,,~ ~ll Ii ~ ~\.,l.i. ~ ~o=:l il~'~ e;. B. 2.. Ii i~ :5 0 1)\' g.i!l ~.2 a l- g ~ a. s.,li'~~g, l~~\~ ~"8~ij% 6'\i\R i <ig. ",' Q l l[~i i ~ ~~ t:: ~ eo l:f. . ~. x e a~ ~ i ~. 0' a ~. G-li'gli ~g~g, [I~~ If gl g' gl , ~"\ . ~ ~ . g [~. ii~( g'~'8 ~. !il' ~ ~~ 8~ ""~ll- ~ 1)\'", li' ~ ~. c: g 6' f!.. n"" ------~ ~. O>Z ,"",P-~ ..... oos;-S 0 ~ ('D ~ P-~~ ~ = ~ ~ P- C') CD z c 3 f:1' CD "" u.l tv ~ ~~~~ij a:;:~;~~ u~~~~g i e~~~n>~~~~~~~~z~~~a VA ~~:~n8~~~VA~g~~~~~ i ~ O~~>l,!I!jC'}~~l,!I!jt"'ldO\1='=~O :: l:l ~.,n~z:= ~;;1il~a~Zn~ J '", ~ "'~~6~S~~~~ ~~~~/: J ~ ~ ~~~ih~~~\!i~ ~~l<~Pl g :;; '" ",,",~::l"',,o"~ ~;.,:;;go 1 ~ ~ ~ t::"g ~~:.:: ~ s/:':: ~ ~ ~ n '"'~ ;.,: \Il~~' '" ~ ~ ~ (:l .~ ~ l< ~ i i ~ ~ f > ,.--~""- t;.~POs1-~ !:) ~ -I - f II. 'r ~~.....~~ : ? '4ty- ___ pnHEY '8<J'oNES 02 1M $ 00.950 ..()004218010 OOV 03 2006 . . MAiLED FROM ZIP CODE '\~103 .1 ~,i:.l... I r... ;.....uo -. .~~ 'LeJ - .,...,..1'- ' .-...- i ,.....~ ,!,,-,,:,--.;: .;ti ~ 111::.. ~',~-M ~:~'~-.~r~.~-r'. _,. . I.; f"'"':':.,. r'~ . '1;':;;' !J:;f~""" .. ..,;-0"'; [~~~ ~-.)..,;t"' g-O'~> -g:gsz j;i' "Tj (J e; ~..,; ~ ~ ~ >g>'\t"' ::oo~~ o~~> l.food'Z oog~~ _......s>>r/). ~~::1(J ~r/).;S P. g. m r/). g 0 ~ ~ &' r" _ t"' ~ ~ o "'d ; o c ...-~ <.",.. -'Ice C;u: ~:;- t ~t~~; ,..~~< ( ~:~~ -t-::',J :<: r--,) = = c;ro I::) r'1 ("") , ~ -0 ::It W .. o en -I :t:-n rn~ -01 -09 OC' -A-TI, -,- :U ~~~ 9 ~ ," PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center, Suite 1400 161 7 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (? 1 S) Sfii-7000 Wells Fargo Bank, N.A. ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County William R. Stoner No. 06-3050 Defendant MOTION TO MAKR RTJI.R ARSOI.TJTF, Wells Fargo Bank, N.A. by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Case absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on November 7, 2006. 3. A Rule was entered by the Court on or about November 16,2006 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made apart hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on November 21, 2006, in accordance with the applicable rules of civil procedure. A true and correct copy of the Rule is attached hereto, made apart hereof, and marked Exhibit "B". 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of December 6, 2006. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEG, LLP 1~1 )~ Date I ~ Michele M. Bradford, Esquire Attorney for the Plaintif PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (? 1 'i) 'i61-7000 Wells Fargo Bank, N .A. ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County William R. Stoner No. 06-3050 Defendant RRIRF IN STTPPORT OF PI ,A INTIFF'S MOTION TO M A KR RTTI.R A RSOI.TTTR A Motion to Reassess Damages was filed with the Court on November 7, 2006. A Rule was entered by the Court on or about November 16, 2006 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on November 21, 2006 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of December 6,2006. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEG, LLP /~ 7 /Ok. Dat I ~ Michele M. Bradford, Esquire Attorney for the Plaintiff Exhibit "A" WEllS FARGO BANK, NA PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. WILLIAM R. STONER DEFENDANT : NO. 06-3050 CIVil ORDER OF COURT AND NOW, this 16th day of November, 2006, upon consideration of the Plaintiffs Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before December 6, 2006; 3. If no answer to the Rule to Show cause is filed by the required date, the raHef requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. By the Court, M.~\.~ \ J. Michele M. Bradford, Esquire Counsel for Plaintiff William R. Stoner Defendant bas fHUE COPY FROM RECORU t.....,............,....,bIAo " "" .....1Ikt Cclultll ~t PI. 1lI It!#- f't:: >#- Plcibonotarf Exhibit "B" ! PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103 -1814 (215) 563-7000 Wells Fargo Bank, N.A. ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. v\ly~ ~"Q\\~~ ~~\\tl ~~ No. 06-3050 Cumberland County William R. Stoner Defendant o ~ -o~ ~ mn"l 0 Z:t1 -< :z c.- ~~ ~ ~c I hereby certify that a true and correct copy of the November 16, 2006 Rule direci@he ~ defendant to show hy December 6,2006 was sent to the following individuals on the dat;~ ;; -..J CERTIFICATION OF SERVICE indicated below. ~ C(}~i ~Q\\\\~~ ~U\\\\ ~y~t.\\S William R. Stoner 80 Winter Lane Enola, P A 17025 William R. Stoner 112 Brian Drive Enola, P A 17025 Phelan Hallinan & Schmieg, LLP DATE: 111~/61o ~ Michele M. Bradford, Attorney for Plaintiff ~1 _~ ~\\..t ~ ~ ,:~.~~~~( ~t\'U~ ;": ~\)t. L~t~" o " ~:o ~e ~~ ~ -< VRRTFTCATTON Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to take this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. 94904 relating to the unsworn falsification of authorities. Juf7lck Date I ~ Michele M. Bradford, Esquire Attorney for Plaintiff ~ " PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (7 1 ~) ~h1- 7000 Wells Fargo Bank, N.A. Plaintiff vs. William R. Stoner Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 06-3050 CRRTTFTCA TR OF SRRVTCR I hereby certify that a true and correct copy of the foregoing Motion to Make Rule Absolute and Brief in Support thereof was served upon the following interested parties via first class mail on the date indicated below: William R. Stoner 112 Brian Drive Enola, PAl 7025 Date: Id-j 7/0<0 I William R. Stoner 80 Winter Lane Enola, P A 17025 fJrrrrf?~ Michele M. Bradford, Esquire Attorney for Plaintiff l"--..) 1:=:;) C:? (;:1"", o " --I I." m--- .- !~ ~D -< t:::::1 fT'" ('"') ..,., ::h L- o w DEe 1120[1,1 !J IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. Court of Common Pleas Plaintiff Civil Division vs. Cumberland County William R. Stoner No. 06-3050 Defendant ORDF.R \l\ AND NOW, this \ ~ day of t>t,C,t.W\\t.f' ,2006 the Prothonotary is ORDERED to amend the judgment in this case as follows: Principal Balance Interest Through 12/06/06 Per Diem $11.43 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Property Inspections Appraisal/BPO MIP/PMI NSF Suspense/Misc. Credits Escrow Deficit $54,845.78 4,182.04 122.91 1,675.00 1,109.50 0.00 120.00 345.00 0.00 0.00 0.00 2.5.D....85 TOTAL $62,651.08 Plus interest from 12/06/06 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriff's commission is not included in the above figure. BY THE COURT ~ 't. ujj~ J. 135312 L? :/1111/ SI J]0900Z lJ./'tr'f(l\ """ ., '1\..1'-,.11'/' I.U( r! I _'I '" i.~ V" ') ..J./' -1r, l.rk/.J,'" ;:;:., oJlt.,L.:ill - ....-."U-:L77,'::/ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Paul E Hoffinan is the grantee the same having been sold to said grantee on the 6th day ofDec A.D., 2006, under and by virtue of a writ Execution issued on the 26 day of July, A.D., 2006, out ofthe Court of Common Pleas of said County as of Civil Term, 2006 Number 3050, at the suit of Wells Fargo Bank N A against William R Stoner is duly recorded in Deed Book No. 278, Page 2326. IN TESTIMONY WHEREOF, I have hereunto set my hand --tC- and eal of said office this /9 day of , . Wells Fargo Bank NA VS William R. Stoner In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-3050 Civil Term William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 05,2006 at 1805 hours, he served a true copy ofthe within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: William R. Stoner, by making known unto William R. Stoner personally, at 80 Winter Lane, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 11, 2006 at 1122 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 William R. Stoner located at 112 Brian Drive, Enola, 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: William R. Stoner, by regular mail to his last known address of 80 Winter Lane, Enola, P A 17025. This letter was mailed under the date of October 10, 2006 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 December 06, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $80,000.00 to Paul E. Hoffinan. It being the highest bid and best price received for the same, Paul E. Hoffinan of 611 Mumper Lane, Dillsburg, P A 17019, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $83,816.88. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge $30.00 1,600.00 15.00 15.00 30.00 10.00 .50 1.00 27.28 1.56 15.00 20.00 , . Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 659.00 464.66 15.94 25.00 39.50 j ~ $2,969.44 I\S'~lo, \,,y I)"" ~~~ R. Thomas Kline, Sheriff o#~ oP"V 00 <Io..?j)' /0 -y \."J p.,\ii 4/t9"O or1q e" '" \ rtiJ 'l-"* , , . .' . . , . -WELLS FARGO BANK, N.A. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS WILLIAM R. STONER CIVIL DIVISION Defendant(s). NO. 06-3050 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) 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 .112 BRIAN DRIVE. ENOLA. PA 17025. I. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WILLIAM R. STONER 80 WINTER LANE ENOLA, PA 17025 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) UMLIC VP, LLC PO BOX 471827 CHARLOTTE, NC 28247 .' . , . 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) UM ACQUISITIONS, LLC 6701 CARMEL ROAD, STE. 110 CHARLOTTE, NC 28226 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 112 BRIAN DRIVE ENOLA, PA 17025 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 WESTWOOD VILLAGE CONDOMINIUM ASSOCIATION 650 WESTWOOD DRIVE ENOLA, PA 17025 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. July 24, 2006 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff hE :E dOl snv qUill Vd ',d, dlu.J 1.;;4 \I I:';; ,18 ,::.; .:1jl~jHS ::JfH .:JO 3:JU.:lO (, . , WELLS FARGO BANK, N.A. Plaintiff, CUMBERLAND COUNTY v. No. 06-3050 CIVIL WILLIAM R. STONER Defendant(s). July 24, 2006 TO: WILLIAM R. STONER 80 WINTER LANE ENOLA, PA 17025 **THIS FIRM IS A DEBT COLLECTOR A1TEMPTING TO COLLECT A DEBT AND ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (re~l estate) at . 112 BRIAN DRIVE. ENOLA. P A 17025. 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 $58.864.73 obtained by WELLS FARGO BA~K. 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 MA Y 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: (2.5) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3 . You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. lfthe Sheriff's 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. lfthe 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 mo~ey bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state whp 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 nepresentative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SCHEDULE OF DISTRIBUTION SALE NO. 11 Date Filed: January 05,2007 Writ No. 2006-3050 Civil Term Wells Fargo Bank, N.A. VS William R. Stoner 112 Brian Drive Enola, P A 17025 Sale Date: Buyer: Bid Price: December 06, 2006 Paul E. Hoffman $80,000.00 Real Debt: Interest: Attorney Costs: $62,651.08 (per order of court) Total: $62,651.08 DISTRIBUTION: Receipts: Cash on account (08/21/2006): Cash on account (12/06/2006): Cash on account (12/15/2006) $ 1,500.00 8,000.00 75,816.88 Total Receipts: $85,316.88 Disbursements: Sheriffs Costs Legal Search Local Transfer Tax State Transfer Tax Debbie LupoId, Tax Collector East Pennsboro Township Westwood Village Condominium Assoc. Attorney Daniel Schmieg Wells Fargo Bank, NA UM Acquisitions, LLC Total Disbursements: Balance for distribution: So Answers: /~~ R. Thomas Kline Sheriff $2,969.44 200.00 1,008.44 1,008.44 308.18 491.15 1,392.00 1,500.00 62,651.08 13,788.15 ($85,316.88) 0.00 .~ . TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECf TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACfORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 11 Held: Wednesday, December 6, 2006 Date: December 6, 2006 TAXES: Receipts for all taxes for the years 2003 to 2005 inclusive. Taxes for the current year 2006. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIP AL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2006, and recorded , 2006, in Cumberland County Deed Book , Page RECIT AL: Being the same premises which Terry L. Kline, Administrator of the Estate of Sandra A. Kline, by deed dated September 1, 1993 and recorded September 7, 1993 in the Office of the Recorder of Deeds in and for Cumberland County, in Carlisle, Pennsylvania, in Deed Book "M," Volume 36, Page 1146, granted and conveyed to William R. Stoner, single man. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Right$ or claims of parties in possession, if any, other than the owner. 3. Unrecprded easements, discrepancies or conflicts in boundary lines, shortage in area ahd encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Under and subject to the Declaration creating and establishing Westwood Village Condominium recorded in Miscellaneous Record Book 213, Page 283, as amended by Amendments recorded in Miscellaneous Record Book 222, Page 729, Book 223, Page 343, Book 213, Page 328, and Book 222, Page 737. 6. Mortgage in the amount of $66,723.00 given by William R. Stoner to Bank United of Texas, F.S.B. dated September 1, 1993 and recorded September 7, 1993 in Mortgage Book 1162, Page 451. Said mortgage was assigned to GE Capital Mortgage Services, Inc., by instrument recorded in Miscellaneous Record Book 480, Page 1012. Said mortgage was further assigned to Wells Fargo Bank, N.A. by instrument recorded September 28,2005, in Miscellaneous Record Book 715, Page 2365. Complaint filed by Wells Fargo Bank, N. A. as Plaintiff against William R. Stoner as Defendants, on May 26, 2006 in the Office of the Prothonotary of Cumberland County, to File No. 2006-3050. Judgment in the amount of $58,864.73 entered July 26, 2006. 7. Mortgage in the amount of $35,000.00 given by William R. Stoner to First Plus Bank diated March 26, 1998 and recorded September 2, 1998 in Mortgage Book 1480, Page 502. Said mortgage was assigned to UMLICVP, LLC, by instrument recorded June 14,2002 in Miscellaneous Record Book 687, Page 4898. Said mortgage was further assigned to UM Acquisitions, LLC, by instrument recorded November 23, 2005 in Miscellaneous Record Book 722, Page 3878. 8 Complaint in mortgage foreclosure filed by UMLICVP, LLC, as Plaintiff against William R. Stoner, as Defendant, in the Office of the Prothonotary of Cumberland County on September 7,2005 to File No. 2005-4618. Judgment in the amount of $65,358.94 entered November 1, 2005. 9. Complaint filed by the Condominium Counsel of Westwood Village as Plaintiff against William R. Stoner as Defendant in the Office of the Prothonotary of Cumberland County on April 28, 1998 to File No. 1998-2378. Judgment entered against Defendant on August 10, 2000. 10. Rights granted to Riverton Consolidated Water Company by instrument recorded February 19, 1976 in Miscellaneous Record Book 220, Page 161. 11. Rights granted to Riverton Consolidated Water Company by instrument recorded May 31, 1978 in Miscellaneous Record Book 235, Page 749. 12. Rights granted to Pennsylvania Power & Light Company by instrument recorded February 22, 1979 in Miscellaneous Record Book 241, Page 476. 13. Rights granted to Riverton Consolidated Water Company by instrument recorded September 19, 1979 in Miscellaneous Record Book 246, Page 796. 14. Rights granted to Pennsylvania Power & Light Company by instrument recorded December 13, 1979 in Miscellaneous Record Book 249, Page 865. 15. Rights granted to Bell Telephone Company of Pennsylvania by instrument recorded January 2, 1980 in Miscellaneous Record Book 250, Page 330. 16. Conditions, easements and restrictions as shown on or set forth with the Plan for Westwood Village recorded in Plan Book 34, Page 100,Book 35, Page 3, and Book 37, page 7. 17. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 18. Real estate taxes accruing on and after January 1,2007 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support atrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. \~ Aq--' V ~~-L1. Robert G. Frey, Agent Note: This Title Report shall not be valid 0 ind ng until countersigned by an authorized signator . REAL ESTATE SALE NO. 11 minium dated January 29, 1975, and recorded on January 29. 1975 in Misc. Book 213 at Page 328, and amended by a certain First amend- ment to Code of Regulation of Westwood Village Condominium dated May 28. 1976, and recorded on June 22. 1976. in Misc. Book 222 at Page 737, and Declaration Plan of Westwood Village Condo- minium dated January 29. 1975. and recorded on January 29. 1975 in Plan Book 26 at Page 15. and amended by a certain First Amend- ment to Declaration Plan of Westwood Village Condominium dated July 21. 1976 and recorded on July 26. 1976 in Plan Book 28 at Page 72. being designated on said Declaration Plan of Westwood Vil- lage Condominium as Unit No. 112. L7F3 in Block #2. Building #4, known as No. 112 Brian Drive. EnoIa. Pennsylvania. as more fully described in such Declaration Plan and Declaration Creating and Es- tablishing Westwood ViIlage Condo- minium. as the same appears of record as set forth above. including any amendments thereto. TO- I GETHER with a proportionate un- divided interest in the Common El- ements (as defined in such Decla- ration) of one and two hundred forty-six thousandths percent (1.246 percent). BEING the same premises which Kurt M. Oraecz, by his deed dated i . March 11. 1988 and recorded in the Office of the Recorder of Deeds in and for Cumberland County. Pennsylvania in Deed Book 'F'. Vol- ume 33. Page 756 granted and con- veyed unto Sandra Kline. Sandra Kline a/k/ a Sandra A. Kline died intestate on May 5. 1993 and Let- ters of Administration were granted to Terry L. Kline on May 13. 1993. PARCEL IDENTIFICATION NO: 09. 12.2992.001A04112.2. CON- TROL #: 0900640. RECORD OWNER TITLE TO SAID PREMISES IS VESlED IN William R. Stoner. single man. by Deed from Terry L. Kline. as Administrator of the Estate of Sandra A. Kline. a/k/a. Sandra Kline. deceased. dated 09/01/ 1993. recorded 09/07/1993. in Deed Book 36 M. page 1146. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Sandra Kline. a single Person. by Deed from Kurt M. Oravecz. a single person. dated 03/ 11/1988. recorded 03/14/1988. in Deed Book F-33. page 756. PREMISES BEING: 112 BRIAN DRIVE. ENOLA. PA 17025. Writ No. 2006-3050 Civil Wells Fargo Bank. N.A. vs. William R. Stoner Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN unit in the iproperty known. named and identl- ;fied in the Declaration Plan; referred ,to below as Westwood Village Con- idominium located in East Pennsboro rt'ownship, Cumberland County. Commonwealth of Pennsylvania. \Which has heretofore been submit- ~ed to the provisions of the Unit !property Act of Pennsylvania, Act pf July 3. 1963. P.L. 1963. by the recording in the Office of the Re- ~order of Deeds of Cumberland ~ounty. Pennsylvania. of a Decla- ration Creating and Establishing Westwood Vll1age Condominium ~ated January 29. 1975. and re~ (:orded on January 29. 1975. in ~iSC. Book 213 at Page 283, and Sended by a certain First Amend- ent to Declaration Creating and stablishing Westwood Vilage Con- ~ominlum dated May 28, 1976. and J,corded on June 22. 1976. in Misc. ook 222 at Page 729. and a cer- in Second Amendment to Dec1a- ation Creating and Establishing estwood Village Condominium ated July 21. 1976 and recorded cjn July 26. 1976 in Misc. Book 223 ~t Page 343. and a Code of Regula- tfons of Westwood Village Condo- 8 I : II V I Z J30 qUal _::1 .:1 'j ~ : ('. , , , LEGAL DESCRIPTION ALL THAT CERTA!IN unit in the property known, named and identified in the Declaration Plan; referred to below as Westwood Village Condominium located in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, which has heretofore been submitted to the provisions of the Unit Property Act of Pennsylvania, Act of July 3, 1963, P.L. 1963, by the recording in the Offi e ofthe Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration Creatin and Establishing Westwood Village Condominium dated January 29, 1975, and recorded on Jan ary 29, 1975, in Misc. Book 213 at Page 283, and amended by a certain First Amendment to Decl ation Creating and Establishing Westwood Vilage Condominium dated May 28, 1976, and r corded on June 22, 1976, in Misc. Book 222 at Page 729, and a certain Second Amendment 0 Declaration Creating and Establishing Westwood Village Condominium dated July 21, 1976 d recorded on July 26, 1976 in Misc. Book 223 at Page 343, and a Code of Regulations ofWest)vood Village Condominium dated January 29,1975, and recorded on January 29, 1975 in Misc. Book 213 at Page 328, and amended by a certain First amendment to Code of Regulation <l>fWestwood Village Condominium dated May 28, 1976, and recorded on June 22,1976, in Mi!)c. Book 222 at Page 737, and Declaration Plan of Westwood Village Condominium dated I January 29, 1975, and recorded on January 29, 1975 in Plan Book 26 at Page 15, and amended by f1 certain First Amendment to Declaration Plan of Westwood Village Condominium dated July 21, 1976 and recorded on July 26, 1976 in Plan Book 28 at Page 72, being designated ontaid Declaration Plan of Westwood Village con, dominium as Unit No. 112, L7F3 in Block #2, B ilding #4, known as No. 112 Brian Drive, Enola, Pennsylvania, as more fully described in su h Declaration Plan and Declaration Creating and Establishing Westwood Village condominim' as the same appears of record as set forth above, including any amendments thereto TOGETHER with a proportionate undivided interest in the Common Elements (as define in such Declaration) of one and two hundred forty-six thousandths percent (1.246 percent). ! BEING the same prtises which Kurt M. Oraecz, by his deed dated March II, 1988 and recorded in the Offi e of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 'F', Volu e 33, Page 756 granted and conveyed unto Sandra Kline. Sandra Kline aIkIa Sandra A. Klin died intestate on May 5, 1993 and Letters of Administration were granted to Terry L. Kline on ay 13, 1993. PARCEL IDENTIFtATIONNO: 09.12.2992.001A04112.2 RECORD OWNER CONTROL #: 0900640 TITLE TO SAID P MISES IS VESTED IN William R. Stoner, single man, by Deed from Terry L. Kline, as A ministrator of the Estate of Sandra A. Kline, aIkIa, Sandra Kline, deceased, dated 09/01/1993, reforded 09/07/1993, in Deed Book 36 M, page 1146. PRIOR DEED INFORMATION TITLE TO SAID P MISES IS VESTED IN Sandra Kline, a single Person, by Deed from Kurt M. Oravecz, a singl person, dated 03/11/1988, recorded 03/14/1988, in Deed Book F - 33, page 756. I I PREMISES BEIN?: 112 BRIAN DRIVE, ENOLA, P A 17025 --r WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-3050 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 WILLIAM 1R. STONER (1) You are directed Ito levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also dir~cted to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as fbllows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or ,for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise dispqsing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than ~ 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 $58,864.73 L.L. $.50 Interest FROM 7/24V06 TO 12/6/06 (PER DIEM - $9.68) -- $1,306.80 AND COSTS Arty's Comm % Due Prothy $1.00 Arty Paid $144acl Plaintiff Paid Date: JULY 26, 200d Other Costs (Seal) CURTIS R. LONG P,othonot"Y ~ ~~ fI ~~r Deputy REQUESTING PARty: Name DANIEL G. SFHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADE~PHIA, PA 19103-1814 Attorney for: PLAIN~IFF , Telephone: 215-563-1000 Supreme Court ID N~. 62205 I , ~ , Real Estate Sale # 11 On August 21, 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 112 Brian Drive, Enola, more fully described on Exhibit "A" D, ~ filed with this writ and by this reference incorporated herein. (") ~ Date: August 21,2006 By: \J~~~~ Real Estate Sergeant E E :E dOl 9nv qODl Vd AllHiC;; ud .rid.:d;H~n:J .:Llltl3HS JHl :10 3~H.:L::lO THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Den ison, being duly sworn according to law, deposes and says: That he is the A sistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwea th of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City ofHa 'sburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday P triot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, Coun and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1 54, 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 an 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, a d that all of the allegations of this statement as to the time, place and character of publication are true; and i That he has pe~s' nal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of e Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by e stockholders and board of directors of the said Company and subsequently duly recorded in the office for e Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. . PUBLICATION COPY S ALE #11 Sworn to CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A. 17013 .~ \i);!C'~~--~ijj-',I-~ .'" AIL mAT cBKI'AIN' unit in the property mllWll, IIlIibed lIild, .1~jI) lheDeclllllion Plan; I\'.Il'JRiIIO 1iII\If,.Wcnood YiIIIge COIIlioIliIlium loCiltIt ill I!Ist PeIIIIIllloro Township,~e.,y;~ of PemIsylvuiI, ~ ...,lIeietom been submitted to t)re ~ilflhe Unit Property Act of Penosyll'1Dia, Act of July 3, 1963. PL. _ 1963, by dJe recciI1liDgin tII6. Office of the ReconIer of Deeds' of Cumbedaod County, Penosylvania. of a Declandion Creating and Establisbillg WestWdlld. WIIge CIlDdominium dated JlIIIIW)' 29, 1975, and recorded on JIIIIIIlIIY 29, 1975, in Misc. Boot 213 at Page 283, and ameIlIIed by a catain First Ameadment to Declandioll CIratinI_6hbiisl\illg.Wesrood :viIIagll~.,:.~.1IIted May, 23, 1976, and recorded on Jime 22,'I97fi. in Misc. Boot 222 at Page 729, aud a. ~Secoad .Amc:IIdIIIent to Declandion CreItiIg and EstallIislJing Westwood V1lI8F CODlbDiuium dated July 21, 1~~3~'t~1~6~~i ~ilf\vestwood Village ()ondnminimn datedJ_ir)"29. 1975._1llCOIIIed m JIIIDI1'Y 29, 1975 in Mise. JlOok, 213 at I'a8e 328, and ameIlIIed by a~ First lIIIlaidmralto Code of .RepIatitlII.of ' WestWOOd Village Condomillilull .. May 28, 2'Il6, and recoltIedOll_22.!976; in Misc. Bcd: 222 at Page737,. ~ Plan of \Vestwood V_ CoDdllmiBium ~ 'bnUaIY 29, 1975, and recorded. on ,.flmuaIy 29, 1975 in Plan Book 28 at Page 15. and ameuded by a CaIlIiII First Amendment to Declaration Plan of Westwood V_ CondOIlIiDinm cJated July 21. 1976 and recorded on July 26, 1976 in Plan Boot 28 at Page 72,1iciug cbipaled on IlIid Declaration Plan ofWeshftlOdvm.~,1S UJlit No. Ill, L7F3 iaBklc;k fl, Building 14, known lIS No. 112 BIian DrM;'&oIa. PeImsyhuia. IS more fully described in such DeclataIion Plan and' DeclaratiOll ~ and EstabIi.g Westwood V1lI8F ~1IIIl, IS !be same appears of reconIlS' set fOI1h above, indudiBg any ....."..t~ dJenio. TOGE'IHf.R with a ~UIIllMdediala.'lllt in dJe CoInnKlD EIemcIIls.(as defiled in _ DedaratioIl) of one and 'PfoImDdted forty.siX thousandlbs palleDt (1.246 pereent). Being._..... wllidlKurtM;'~ by _cblddilli JIm:h 11, 19811.aud reoooIed in tl>>OJ1keot dJe il<<onb of Deeds ia and for ~CbImty. Pc:oUylvaBia iD Deed ~"Ol 'V.'~ 33," 756 ..- and ronwyahllllO s..n KJile.SIIIllraKJllfe alda s.n A. Kline died inte$Iate on May 5,1993 and 'L,euea of AdmiIisInIlicII WlI\\ gRIIf:d to Tmy41\i1i.111l"" 13, 1.993. Pm:dt.p. 1:,', "J2J9lJ2.001A04112.2 ~ttlll6olO '. 1ide~' -.r'~ ~iD William R. su.r..,......lty..jW t'roI& T~ L. KJiM,I8M' . . 1_ A,&tatt olSiDdra A. Iliac. * SIIIllra'Une. deceued.. dated 09I0lt1......M111993. in Deed Book 36M; 191146. 1ide to _ JlIIIIIW.s is vested in Saada Kline, a sinFpalJl. by Peed from Kat M; 0rMI:z. a . plIlIOlI. dated lWllI1918,.recorded 031 1411918, inDeedBootF-33,,. 756. Premises ,being: H2 BriD Drive, EDola, PA 17025 " , PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 I COMMONWEAL Tk OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie <fayne, 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 perio,ical published in the Borough of Carlisle in the County and State aforesaid, was established Jan~' ary 2, 1952, and designated by the local courts as the official legal periodical for the pu lication 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 followjing dates, VlZ: Octo er 20, October 27 and November 3, 2006 I Affiant furth! 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 afore aid notice or advertisement, and that all allegations in the foregoing statements as to time~ place and character of publication are true. --- SWORN TO AND SUBSCRIBED before me this 3 day of November. 2006 NOTARI SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 REAL ESTATE SALE NO. 11 Writ No. 2006-3050 Civil Wells Fargo Bank. N.A. vs. William R. Stoner Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL TIIAT CERTAIN unit in the property !mown, named and identi- fied in the Declaration Plan; referred to below as Westwood Village Con- dominium located in East Pennsboro Township. Cumberland County, Commonwealth of Pennsylvania, which has heretofore been submit- ted to the provisions of the Unit Property Act of Pennsylvania. Act of July 3. 1963, P.L. 1963. by the recording in the Office of the Re- corder of Deeds of Cumberland County. Pennsylvania. of a Decla- ration Creating and Establishing Westwood V11lage Condominium dated January 29. 1975. and re- corded on January 29, 1975, in 'Misc. Book 213 at Page 283, and amended by a certain First Amel1d- ment to Declaration Creating and Establishing Westwood VUage Con- dominium dated May 28. 1976, and recorded on June 22, 1976, in Misc. Book 222 at Page 729. and a cer- tain Second Amendment to Decla- ration Creating and Establishing Westwood Village Condominium dated July 21. 1976 and recorded on July 26, 1976 in Misc. Book 223 at Page 343. and a Code of Regula- tions of Westwood Village Condo- minium dated January 29, 1975. and recorded on January 29, 1975 in Misc. Book 213 at Page 328, and amended by a certain First amend- ment to Code of Regulation of Westwood V11lage CondominIum dated May 28, 1976, and recorded on June 22, 1976. in Misc. Book 222 at Page 737, and Declaration Plan of Westwood Village Condo- minium dated January 29, 1975. and recorded on January 29. 1975 in Plan Book 26 at Page 15, and amended by a certain First Amend- ment to Declaration Plan of Westwood Village Condominium dated July 21. 1976 and recorded on July 26. 1976 in Plan Book 28 at Page 72. being designated on said Declaration Plan of Westwood Vil- lage Condominium as Unit No. 112, L7F3 in Block #2. BuildIng #4. known as No. 112 Brian Drive, Enola, Pennsylvania. as more fully described in such Declaration Plan and Declaration Creating and Es- tablishing Westwood Village Condo- minium, as the same appears of record as set forth above, including any amendments thereto. TO- GETHER with a proportionate un- divided interest in the Common El- ements (as defined in such Decla- ,":'!tion] of one and two hundred BEING the same premIses which Kurt M. Oraecz, by his deed dated March 11. 1988 and recorded in ~e Office of the Recorder of Deeds III and for Cumberland County Pennsylvania in Deed Book 'F'. Vol~ ume 33. Page 756 granted and con- veyed unto Sandra Kline. Sandra Kline a/k/a Sandra A. Kline died intestate on May 5, 1993 and Let- ters of Administration were granted to Terry L. Kline on May 13. 1993. PARCEL IDENTIFICATION NO: 09.12.2992.001A04112.2. CON- TROL #: 0900640. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN William R. Stoner, single man, by Deed from Terry L. Kline, as Administrator of the Estate of Sandra A. Kline. a/k/a. Sandra Kline. deceased, dated 091011 1993, recorded 09/07/1993. in Deed Book 36 M, page 1146.sPRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Sandra Kline, a single Person, by Deed from Kurt M. Oravecz, a single person, dated 031 11/1988. recorded 03/14/1988, in Deed Book F-33, page 756. PREMISES BEING: 112 BRIAN DRNE, ENOLA, PA 17025.