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HomeMy WebLinkAbout06-3072 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 135463 WELLS FARGO BANK, NA 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 Plaintiff V. DANIEL J. TROUTMAN TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD 320 MOUNT ALLEN DRIVE MECHANICSBURG, PA 17055 Defendants ATTORNEY FOR COURT OF COMMON PLI CIVIL DIVISION TERM NO. 6(0 - 30 7?. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the pages, you must take action within twenty (20) days after this complaint and notice are served entering a written appearance personally or by attorney and filing in writing with the court yol or objections to the claims set forth against you. You are warned that if you fail to do so the c proceed without you and a judgment may be entered against you by the court without further 1 any money claimed in the complaint or for any other claim or relief requested by the plaintiff. lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT F LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PRI WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PF YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO El 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 by r defenses se may otice for You may VE A YOU File k'. 135463 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 OLLEC'I A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File N: 135463 Plaintiff is WELLS FARGO BANK, NA 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 The name(s) and last known address(es) of the Defendant(s) are: DANIEL J. TROUTMAN TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD 320 MOUNT ALLEN DRIVE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described 3. On 10/14/2004 mortgagor(s) made, executed and delivered a mortgage upon the premi es hereinafter described to ARGENT MORTGAGE COMPANY, LLC which mortgage i recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1881, Page: 1176. PLAINTIFF is now the legal owner of the mortgage and is in the process of for alizing an assignment of same. 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 s id mortgage due 02/01/2006 and each month thereafter are due and unpaid, and by the to s of said mortgage, upon failure of mortgagor to make such payments after a date specified by ritten notice sent to Mortgagor, the entire principal balance and all interest due thereon are c llectible forthwith. File 4 135463 6. The following amounts are due on the mortgage: Principal Balance $92,767.42 Interest 2,428.75 01/01/2006 through 05/25/2006 (Per Diem $16.75) Attorney's Fees 1,250.00 Cumulative Late Charges 104.82 10/14/2004 to 05/25/2006 Cost of Suit and Title Search 5$ 50.00 Subtotal $ 97,100.99 Escrow Credit 0.00 Deficit 156.81 Subtotal 156.81 TOTAL $ 97,257.80 The attorney's fees set forth above are in conformity with the mortgage documents nd Pennsylvania law, and will be collected in the event of a third party purchaser at Sh aerif s 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 mergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of fault as required by the mortgage document, as applicable, have been sent to the Defendant(s) n the date(s) set forth thereon, and the temporary stay as provided by said notice has termina ed because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer cred t counseling agency, or has/have been denied assistance by the Pennsylvania Housing F'nance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defetdant(s) in the su $97,257.80, together with interest from 05/25/2006 at the rate of $16.75 per diem to the date Judgment, and other costs and charges collectible under the mortgage and for the foreclosure the mortgaged property. PHELAN HA?INAN & SCHMIE6 L'LP/ By: LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUI E Attorneys or Plaintiff of sale of File 9 135463 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township, Cumberland County, P nnsylvania, bounded and described in accordance with a survey and plan thereof, dated March 18, 1963, as prepare by D.P. Raffensperger Surveyor, Camp Hill, Pennsylvania, as follows: BEGINNING at a point in the center of Mt. Allen Drive, said point being one hundred twenty-five (125 feet in a northerly direction from the intersection of the center line of Mt. Allen Drive with the side line of Nitta y Road, said point being also on the northern line of Lot No. 9 on the hereinafter mentioned plan of Lots: thence along the northern line of Lot No. 9, South eighty-one (81) degrees forty-five (45) minutes West one hundred fifty (150) feet to a point; thence North eight (08) degrees fifteen (15) minutes West one hundred (100) feet to a point on the southern lin of Lot No. 7; thence along the southern line of Lot No. 7 North eighty-one (81) degrees forty-five (45) minutes East ne hundred fifty (150) feet to a point on the center line of Mt. Allen Drive; South eight (08) degrees fifteen (15) minutes East one hundred (100) feet to a point; the place of BEGINNING. BEING LOT NO. 8, Section'B', Plan of Mt. Allen Heights, recorded in Plan Book'YPage 46. BEING THE SAME PREMISES which Barbara L. Shank, a widow, granted and conveyed unto Euge R. Arnold, Sr. and Margaret A. Arnold, husband and wife, by deed dated November 29, 2000, in the Recorder of Dee s in and for Cumberland County, Pennsylvania, in Record Book 235, Page 395, and recorded on December 4, 200 . PREMISES BEING: 320 MOUNT ALLEN DRIVE, MECHANICSBURG, PA 17095. PARCEL NO: 42-28-2423-014 File N: 135463 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification ould 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 forego ng Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel . The undersigned understands that this statement is made subject to the penalties of IS Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. '/7 l FRANCIS S. HALLINAN, Ec Attorney for Plaintiff DATE; 2-S O?o iii ?.I W (LIN -?- z-n o ?r -r; . PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. DANIEL J. TROUTMAN TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD Defendant(s). CIVIL DIVISION NO. 06-3072 CIVIL 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 DANIEL J. TROUTMAN and TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 5/26/06 to 7/25/06 TOTAL $97,257.80 $1,021.75 $98,279.55 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 INDICATED. DATE:. (r t )- a 6 0 / PRO ROTHY PHELAN HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (715) 563-7000 WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY DANIEL J. TROUTMAN TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD :NO. 06-3072 Defendants TO: DANIEL J. TROUTMAN 320 MOUNT ALLEN DRIVE MECHANICSBURG, PA 17055 FILE COPY DATE OF NOTICE:JULY 11.2006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN AND SCHMIEG By. Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 215) 561-7000 WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY DANIEL J. TROUTMAN TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD : NO. 06-3072 Defendants TO: TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD C Gwo?? 320 MOUNT ALLEN DRIVE PIE MECHANICSBURG, PA 17055 DATE OF NOTICE: JULY 11, 2006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. DANIEL J. TROUTMAN TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD Defendant(s). NO. 06-3072 CIVIL 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 DANIEL J. TROUTMAN is over 18 years of age and resides at, 320 MOUNT ALLEN DRIVE, MECHANICSBURG, PA 17055. (c) that defendant TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD is over 18 years of age, and resides at, 320 MOUNT ALLEN DRIVE, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff xlit) 4r O d (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WELLS FARGO BANK, N.A. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. DANIEL J. TROUTMAN TRACY L. TROUTMAN AWA TRACY L. ARNOLD Defendant(s). NO. 06-3072 CIVIL Notice is given that a Judgment in the above-captioned matter has been entered against you on JCA-lw .21, 200 By: If you have any questions concerning this matter, please contact: d 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. DANIEL J. TROUTMAN TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD No. 06-3072 CIVIL Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 7/25/06 to 12/6/06 (per diem -$16.16) $98,279.55 $2,165.44 and Costs TOTAL $100,444.99 DANIEL G. SCHMIEG, ESQUIRE (I One Penn Center at Suburban Station U 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. d wz ad a? Z z h J?^ UZ ? Qo A Cd a x' V A d ? a _ 0 HH O H 3 O A ?, W i-A a CIA H In M o© h A c`nj V d 'd ? V Ww AA ?a dd ?, a 0 Q M w d M ! V ! y r y ` V v ? v w r Y r 1 1 ? ? 1; 8 4 1 o tn 'cam *vr J M c n ? CnL''f^' `?, cJ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-3072 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 DANIEL J. TROUTMAN AND TRACY L. TOUTMAN A/K/A TRACY L. ARNOLD (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $98,279.55 L.L. $.50 Interest FROM 7/25/06 TO 12/6/06 (PER DIEM - $16.16) -- $2,165.44 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $136.56 Other Costs Plaintiff Paid Date: AUGUST 3, 2006 CURTIS R. LONG Prothono (Seal) B Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof, dated March 18, 1963, as prepared by D.P. Raffensperger Surveyor, Camp Hill, Pennsylvania, as follows: BEGINNING at a point in the center of Mt. Allen Drive, said point being one hundred twenty- five (125) feet in a northerly direction from the intersection of the center line of Mt. Allen Drive with the side line of Nittany Road, said point being also on the northern line of Lot No. 9 on the hereinafter mentioned plan of Lots: thence along the northern line of Lot No. 9, South eighty-one (81) degrees forty-five (45) minutes West one hundred fifty (150) feet to a point; thence North eight (08) degrees fifteen (15) minutes West one hundred (100) feet to a point on the southern line of Lot No. 7; thence along the southern line of Lot No. 7 North eighty-one (81) degrees forty- five (45) minutes East one hundred fifty (150) feet to a point on the center line of Mt. Allen Drive; South eight (08) degrees fifteen (15) minutes East one hundred (100) feet to a point; the place of BEGINNING. BEING LOT NO. 8, Section "B", Plan of Mt. Allen Heights, recorded in Plan Book "3", Page 46. BEING THE SAME PREMISES which Barbara L. Shank, a widow, granted and conveyed unto Eugene R. Arnold, Sr. and Margaret A. Arnold, husband and wife, by deed dated November 29, 2000, in the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 235, Page 395, and recorded on December 4, 2000. PARCEL IDENTIFICATION NO: 42-28-2423-014 CONTROL #: 42002764 PREMISES BEING: 320 MOUNT ALLEN DRIVE, MECHANICSBURG, PA 17055 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Daniel Troutman and Tracy Troutman, husband and wife, by Deed from Eugene R. Arnold, Sr. and Margaret A. Arnold, husband and wife, dated 10/14/2004, recorded 11/08/2004, in Deed Book 266, page 652. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Eugene R. Arnold, Sr. and Margaret A. Arnold, husband and wife, by Deed from Barbara L. Shank, a widow, dated 11/29/2000, recorded 12/04/2000, in Deed Book 235, page 395. r I WELLS FARGO BANK, N.A. CUMBERLAND COUNTY Plaintiff, . V. COURT OF COMMON PLEAS DANIEL J. TROUTMAN CIVIL DIVISION TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD NO. 06-3072 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO BANK, N.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at L320 MOUNT ALLEN DRIVE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DANIEL J. TROUTMAN TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD 320 MOUNT ALLEN DRIVE MECHANICSBURG, PA 17055 320 MOUNT ALLEN DRIVE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CAPITOL CITY OIL 1600 HUMMEL AVE. CAMP HILL, PA 17011 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) None 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) UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 320 MOUNT ALLEN DRIVE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. July 25, 2006 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff At WELLS FARGO BANK, N.A. Plaintiff, V. DANIEL J. TROUTMAN TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD Defendant(s). CUMBERLAND COUNTY No. 06-3072 CIVIL July 25, 2006 TO: DANIEL J. TROUTMAN 320 MOUNT ALLEN DRIVE MECHANICSBURG, PA 17055 TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD 320 MOUNT ALLEN DRIVE MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA 7TEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 320 MOUNT ALLEN DRIVE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on DECEMBER 6, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $98,279.55 obtained by WELLS FARGO BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. i You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 .-IL LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof, dated March 18, 1963, as prepared by D.P. Raffensperger Surveyor, Camp Hill, Pennsylvania, as follows: BEGINNING at a point in the center of Mt. Allen Drive, said point being one hundred twenty- five (125) feet in a northerly direction from the intersection of the center line of Mt. Allen Drive with the side line of Nittany Road, said point being also on the northern line of Lot No. 9 on the hereinafter mentioned plan of Lots: thence along the northern line of Lot No. 9, South eighty-one (81) degrees forty-five (45) minutes West one hundred fifty (150) feet to a point; thence North eight (08) degrees fifteen (15) minutes West one hundred (100) feet to a point on the southern line of Lot No. 7; thence along the southern line of Lot No. 7 North eighty-one (81) degrees forty- five (45) minutes East one hundred fifty (150) feet to a point on the center line of Mt. Allen Drive; South eight (08) degrees fifteen (15) minutes East one hundred (100) feet to a point; the place of BEGINNING. BEING LOT NO. 8, Section "B", Plan of Mt. Allen Heights, recorded in Plan Book "3", Page 46. BEING THE SAME PREMISES which Barbara L. Shank, a widow, granted and conveyed unto Eugene R. Arnold, Sr. and Margaret A. Arnold, husband and wife, by deed dated November 29, 2000, in the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 235, Page 395, and recorded on December 4, 2000. PARCEL IDENTIFICATION NO: 42-28-2423-014 CONTROL #: 42002764 PREMISES BEING: 320 MOUNT ALLEN DRIVE, MECHANICSBURG, PA 17055 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Daniel Troutman and Tracy Troutman, husband and wife, by Deed from Eugene R. Arnold, Sr. and Margaret A. Arnold, husband and wife, dated 10/14/2004, recorded 11/08/2004, in Deed Book 266, page 652. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Eugene R. Arnold, Sr. and Margaret A. Arnold, husband and wife, by Deed from Barbara L. Shank, a widow, dated 11/29/2000, recorded 12/04/2000, in Deed Book 235, page 395. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. Plaintiff, V. DANIEL J. TROUTMAN TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-3072 CIVIL CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. "&#U4 ?cl - DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2006-03072 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS TROUTMAN DANIEL J ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TROUTMAN DANIEL J the DEFENDANT , at 1815:00 HOURS, on the 20th day of June 2006 at 320 MOUNT ALLEN DRIVE MECHANICSBURG, PA 17055 TRACY L TROUTMAN, WIFE by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof Sheriff's Costs: So Answers: Docketing 18.00 - Service 10.56%:5?d'? Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 38.56 r/ 06/21/2006 r11 611d6 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: ) before me this day Deputy Sh ff of A.D. SHERIFF'S RETURN - REGULAR 'y 40y CASE NO: 2006-03072 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS TROUTMAN DANIEL J ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TROUTMAN TRACY L AKA TRACY L ARNOLD the DEFENDANT , at 1815:00 HOURS, on the 20th day of June , 2006 at 320 MOUNT ALLEN DRIVE MECHANICSBURG, PA 17055 by handing to TRACY L TROUTMAN a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 _ Affidavit . 00 Surcharge 10.00 R. Thomas Kline .00 16.00? 06/21/2006 n 1710110, PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: before me this day Deputy Sh iff of A.D. AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO BANK, N.A. DEFENDANT(S) DANIEL J. TROUTMAN TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD SERVE: DANIEL J. TROUTMAN 320 MOUNT ALLEN DRIVE MECHANICSBURG, PA 17055 CUMBERLAND COUNTY /LLD No. 06-3072 CIVIL ACCT. #19393347 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 6, 2006 ( SERVED r,, Served and made known to hc4ACC 1 T ?uf ^k4ol , fendant, on the /60 _ day of ?u f •tSf , 200( at 6o'clock .m. at 3 2 a /? oKn } ?l pn r , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 3p- C r Height S?Oi ? I Weight-)V Race ?/ Sex /1? _ Other I, ?,) Cwt J 0Ob4Y-4 S , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. to and VICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. S,ata 1"Iew j ,,Say NOT SERVED p/ `',"t {v?r c. HARRIS VmTd B _S ExpiregayQq %, 200$ 200_, at Moved 0 Attempt: /!- , i _ .- By: i ct, , - Unknown No Answer Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 1200 Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 o'clock _.m., Defendant NOT FOUND because: Vacant 2nd Attempt: / / Time: AFFIDAVIT OF SERVICE WELLS FARGO BANK, N.A. PENDANT(S) DANIEL J. TROUTMAN TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD SERVE: TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD 320 MOUNT ALLEN DRIVE MECHANICSBURG, PA 17055 SERVED CUMBERLAND COUNTY [LLD No. 06-3072 CIVIL ACCT. #19393347 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 6, 2006 Served and made known to r4 ?Y ?O4'f v-.-4.g , Defendant, on the day of /9C-e? f? s f , 204 at P o'clock f-.m., at 32-o /Vlo -K^f .A/fen , Commonwealth of Pennsylvania, in the manner described below: ? Defendant personally served. V Adult family member with whom Defendant(s) reside(s). Name and Relationship is `? S^? Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age YS- Height c? l?f tl Weight (kO Race W Sex/l4 Other I, ?CQ,-A P6 be,^S , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. and this N By: .9a- /' t?- jM(A :MPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. PATRC , , s-iAr'MIS NOT SERVED Commission expires June 16, 2008 On the day of , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Ist Attempt: Time: 2nd Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 200 Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire I.D. No. 62205 ? } '1"i r J ? c. .-i ?:J r- ? r ,,. ^i ?? _ .. "F,+ ?? R f°1 *?^"" -.:. 0 N SALE DATE: DECEMBER 6, 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WELLS FARGO BANK, NA VS. DANIEL J. TROUTMAN TRACY L. TROUTMAN No.: 06-3072 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: 320 MOUNT ALLEN DRIVE, MECHANICSBURG, PA 17055. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL SCHMIEG, ESQ IRE Attorney for Plaintiff November 3, 2006 N Name and PULAN HALLINAN & SCHMIEG, LL.P. Address One Penn Center at Suburban Station Of Sender 1617 John P. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 SUPPORT TEAM Line Artlele Number NaaseafAddrasm, SlmLasd Pastoefa Adl- Pasha- F- I DOMESTIC RELATIONS OF CUMBERLAND COUN1Y,13 NORTH HANOVER STREET, CARLISLE, PA 1709 2 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF WELFARE, PO BOX 2675, HARRISBURG, P IN . : 3 4 TENANT! OCCUPANT, 320 MOUNT ALLEN DRIVE, MECHANI SBURG, PA 17055 Ilk i "o m'iq DANIEL J. TROUTMAN, 320 MOUNT ALLEN DRIVE, MECHANICSBURG, PA 17055 yRAo° ° 5 TRACY L. TROUTMAN AWA TRACY L ARNOLD, 320 MOUNT ALLEN DRIVE„ MECHANICSBURG, PA 17055 co 6 log CAPITOL CITY OIL, 1600 HUN(MEL AVE., CAMP HILL, PA 17011 ? - c & 7 r UPPER ALLEN TOWNSHIP, 100 GETTYSBURG PIKE, MECHANICSBURG, PA 17055 ? r o g I o s / o - 9 ? ?+n N 0 a !0 o S 11 ? 12 13 14 I5 DANIEL J. TROUTMAN CQS IS4 22 TOW Nuedxa of Pixn Lilted By Sander Towl Nnobero(Piaus Raadred If Pact OIDte - Possm"Or,Per(NawwofR-,iq Employee) The[ua dwhosidaoa(vahm is mpited oa dl damma0 and utsa eamd reaiaemod=KL The saaaiatum indawky P"We fir Aa momarwaiOa of mineeetisbk dowmem wider ExI Mail daeassew to morialim swarms is S50A00.00 pa pace eshjm 10 a Otdt orSSM000 par 00cu cam. The msaimum wMisiry peyaMs as Rwrea Mail oraoltendisa osoraoce it M.The swtaam mdemoiry payWbk (e W2 W kr w&cmd m A seat widi opaaml b wises • See DataWk Mail Mewl RP00013 -ad 5921 fix 6mitafias ofamwave. ? ?? r? ?? ?? ? ' ^'f ?('1 ?? _n , ? ,?_ ?? '- ti . - ,?, ? _ ?t?: ) ?; ? ?-. Wells Fargo Bank, N.A. In the Court of Common Pleas of VS Cumberland County, Pennsylvania Daniel J. Troutman and Tracy L. Troutman Writ No. 2006-3072 Civil Term &Va Tracy L. Arnold Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on September 14, 2006 at 2000 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants to wit: Daniel J. Troutman and Tracy L. Troutman a/k/a Tracy L. Arnold, by making known unto Tracy Troutman personally and adult in charge for Daniel J. Troutman, at 320 Mt. Allen Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Cpl Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on October 12, 2006 at 10 19 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 Daniel J. Troutman and Tracy L. Troutman a/k/a Tracy L. Arnold located at 320 Mount Allen Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Daniel J. Troutman and Tracy L. Troutman a/k/a Tracy L. Arnold by regular mail to their last known address of 320 Mount Allen Drive, Mechanicsburg, PA 17055. These letters were mailed under the date of October 05, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of instruction from Attorney Daniel Schmieg. Sheriff's Costs: Docketing Poundage Posting bills Advertising Law Library Prothonotary Mileage Certified Mail Levy Surcharge Law Journal Patriot News 30.00 20.31 15.00 15.00 .50 1.00 17.60 3.52 15.00 30.00 479.00 372.86 Share of Bills 15.94 Postpone Sale 20.00 $1,035.73 ? 3JI q f .. So Answers: R. Thomas Kline, Sheriff BY Real Estate rgeant i."P ek s"2 *7q?t r ? WELLS FARGO BANK, N.A. CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS DANIEL J. TROUTMAN CIVIL DIVISION TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD NO. 06-3072 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO BANK, N.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,320 MOUNT ALLEN DRIVE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name DANIEL J. TROUTMAN TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD Last Known Address (if address cannot be reasonably ascertained, please indicate) 320 MOUNT ALLEN DRIVE MECHANICSBURG, PA 17055 320 MOUNT ALLEN DRIVE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CAPITOL CITY OIL 1600 HUMMEL AVE. CAMP HILL, PA 17011 , A ' 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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) UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 320 MOUNT ALLEN DRIVE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. July 25, 2006 DATE 'e?m DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff bz :E d 01 SnY ROOT ad .Ai it,ft t 3': iU ,r11- AJI? 2HS 3H4 JO JJIJJ M WELLS FARGO BANK, N.A. Plaintiff, V. DANIEL J. TROUTMAN TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD Defendant(s). CUMBERLAND COUNTY No. 06-3072 CIVIL July 25, 2006 TO: DANIEL J. TROUTMAN 320 MOUNT ALLEN DRIVE MECHANICSBURG, PA 17055 TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD 320 MOUNT ALLEN DRIVE MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA 7TEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 320 MOUNT ALLEN DRIVE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on DECEMBER 6, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $98,279.55 obtained by WELLS FARGO BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-3072 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., Plaintiff (s) From DANIEL J. TROUTMAN AND TRACY L. TOUTMAN A/K/A TRACY L. ARNOLD (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $98,279.55 L.L. $.50 Interest FROM 7/25/06 TO 12/6/06 (PER DIEM - $16.16) -- $2,165.44 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $136.56 Other Costs Plaintiff Paid Date: AUGUST 3, 2006 CURTIS R. LONG (Seal) Prothonota . an -e- Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURB AN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 a Ne?? Real Estate Sale # 18 On August 22, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA Known and numbered as 320 Mount Allen Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 22, 2006 By: j , Real E to Sergeant 8z :E d o 19nv 9ooz Vd 'Al i?u;? G J' 166141-1 3312 3HS III JO 331JJO r wo THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 25th day(s) of October and the 1st and 8th day(s) of November 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ..................... .... .................................. COPY Sworn to and su sc bed efore me this 15th day of November 2006 A.D. SALE #18 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Terry L. Russell, Notary Public City Harris g, auphin County My Vorn mis ' n fires June 6, 2010 / Membo(r.P-pn n ania Assoc- - it Notaries NOTARY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 20, October 27 and November 3, 2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and"character of publication are true. LYsa Marie Coyne Editor SWORN TO AND SUBSCRIBED before me this 3 day of November, 2006 NOTARIAL SEAL ' LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 REAL ESTATE SALE NO. 18 Writ No. 2006-3072 Civil Wells Fargo Bank, N.A. vs. Daniel J. Troutman and Tracy L. Troutman a/k/a Tracy L. Arnold Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract or par- cel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and de- scribed in accordance with a sur- vey and plan thereof, dated March 18, 1963, as prepared by D.P. Raffensperger Surveyor, Camp Hill, Pennsylvania, as follows: BEGINNING at a point in the cen- ter of Mt. Allen Drive, said point being one hundred twenty-five (125) feet in a northerly direction from the intersection of the center line of Mt. Allen Drive with the side line of Nittany Road, said point being also on the northern line of Lot No. 9 on the hereinafter mentioned plan of Lots: thence along the northern line of Lot No. 9, South eighty-one (81) degrees forty-five (45) minutes West one hundred fifty (150) feet to a point; thence North eight (08) de- grees fifteen (15) minutes West one hundred (100) feet to a point on the southern line of Lot No. 7; thence along the southern line of Lot No. 7 North eighty-one (81) degrees forty- five (45) minutes East one hundred fifty (150) feet to a point on the cen- ter line of Mt. Allen Drive; South eight (08) degrees fifteen (15) min- utes East one hundred (100) feet to a point; the place of BEGINNING. BEING LOT NO. 8, Section "B", Plan of Mt. Allen Heights, recorded in Plan Book "3", Page 46. BEING THE SAME PREMISES which Barbara L. Shank, a widow, granted and conveyed unto Eugene R. Arnold, Sr. and Margaret A. Arnold, husband and wife, by deed dated November 29, 2000, in the Recorder of Deeds in and for Cum- berland County, Pennsylvania, in Record Book 235, Page 395, and recorded on December 4, 2000. PARCEL IDENTIFICATION NO: 42-28-2423-014. CONTROL #: 42002764. PREMISES BEING: 320 MOUNT ALLEN DRIVE, MECHANICSBURG, PA 17055. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Daniel Troutman and Tracy Troutman, husband and wife, by Deed from Eugene R. Arnold, Sr. and Margaret A. Arnold, husband and wife, dated 10/14/2004, re- corded 11/08/2004, in Deed Book 266, page 652. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Eugene R. Arnold, Sr. and Margaret A. Arnold, husband -i -ifr by n-ri f,- R-t.--- PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WELLS FARGO BANK, N.A. Plaintiff, V. DANIEL J. TROUTMAN TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD Defendant(s). No. 06-3072 CIVIL TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 7/25/06 to MARCH 5, 2008 (per diem -$16.16) Add'l Costs TOTAL $4,552.50 $98,279.55 $9,518.24 and Costs $112,350.29 DANIEL G. SCHMI G, ESQUIRE One Penn Center at Suburban Statio 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. 135463 -20?) IL 1?1 s d O? a? arA a of V? 0 V ?A o? U H n 00 Z V w a a 7 d A O V H E? H h Frl d? A E-{ a o? H O H U _ W o O 49 C?i qA O V v w W d M ti0 M -?_ taws ?. , m -„ CIO , P A 79 - - d f. F VV F F A tNr3 M ?. AN LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof, dated March 18, 1963, as prepared by D.P. Raffensperger Surveyor, Camp Hill, Pennsylvania, as follows: BEGINNING at a point in the center of Mt. Allen Drive, said point being one hundred twenty- five (125) feet in a northerly direction from the intersection of the center line of Mt. Allen Drive with the side line of Nittany Road, said point being also on the northern line of Lot No. 9 on the hereinafter mentioned plan of Lots: thence along the northern line of Lot No. 9, South eighty-one (81) degrees forty-five (45) minutes West one hundred fifty (150) feet to a point; thence North eight (08) degrees fifteen (15) minutes West one hundred (100) feet to a point on the southern line of Lot No. 7; thence along the southern line of Lot No. 7 North eighty-one (81) degrees forty- five (45) minutes East one hundred fifty (150) feet to a point on the center line of Mt. Allen Drive; South eight (08) degrees fifteen (15) minutes East one hundred (100) feet to a point; the place of BEGINNING. BEING LOT NO. 8, Section "B", Plan of Mt. Allen Heights, recorded in Plan Book "3", Page 46. BEING THE SAME PREMISES which Barbara L. Shank, a widow, granted and conveyed unto Eugene R. Arnold, Sr. and Margaret A. Arnold, husband and wife, by deed dated November 29, 2000, in the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 235, Page 395, and recorded on December 4, 2000. PARCEL IDENTIFICATION NO: 42-28-2423-014 CONTROL #: 42002764 PREMISES BEING: 320 MOUNT ALLEN DRIVE, MECHANICSBURG, PA 17055 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Daniel Troutman and Tracy Troutman, husband and wife, by Deed from Eugene R. Arnold, Sr. and Margaret A. Arnold, husband and wife, dated 10/14/2004, recorded 11/08/2004, in Deed Book 266, page 652. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Eugene R. Arnold, Sr. and Margaret A. Arnold, husband and wife, by Deed from Barbara L. Shank, a widow, dated 11/29/2000, recorded 12/04/2000, in Deed Book 235, page 395. . WELLS FARGO BANK, N.A. Plaintiff, V. DANIEL J. TROUTMAN CUMBERLAND COUNTY COURT OF COMMON PLEAS TRACY L. TROUTMAN CIVIL DIVISION A/K/A TRACY L. ARNOLD Defendant(s). NO. 06-3072 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO BANK, N.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,320 MOUNT ALLEN DRIVE, MECHANICSBURG. PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name DANIEL J. TROUTMAN TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD Last Known Address (if address cannot be reasonably ascertained, please indicate) 320 MOUNT ALLEN DRIVE MECHANICSBURG, PA 17055 320 MOUNT ALLEN DRIVE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name CAPITOL CITY OIL CAPITOL CITY OIL Last Known Address (if address cannot be reasonably ascertained, please indicate) 1600 HUMMEL AVE CAMP HILL, PA 17011 C/O BRIAN C. CAFFREY, ESQ. 26 WEST HIGH STREET CARLISLE, PA 17013 4. Name and address of last recorded holder of every mortgage of record: None Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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) UPPER ALLEN TOWNSHIP ATTN: LOUIS FAZEKAS, TWP. MANAGER 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM Last Known Address (if address cannot be reasonably ascertained, please indicate) 320 MOUNT ALLEN DRIVE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6TH FLOOR, STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 PO 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 of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. September 14, 2007 /Dam DATE DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff 41 Co 'ug rri ? . ^c PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK, N.A. Plaintiff, DANIEL J. TROUTMAN : TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-3072 CIVIL CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff C) cn5 c? tr sH's ' F?ri y 1? ? app F n .ice ILn WELLS FARGO BANK, N.A. Plaintiff, V. DANIEL J. TROUTMAN TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD Defendant(s). TO: DANIEL J. TROUTMAN 320 MOUNT ALLEN DRIVE MECHANICSBURG, PA 17055 September 14, 2007 CUMBERLAND COUNTY No. 06-3072 CIVIL TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD 320 MOUNT ALLEN DRIVE MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFALIEN AGAINST PROPERTY." Your house (real estate) at, 320 MOUNT ALLEN DRIVE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on MARCH 5, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $98,279.55 obtained by WELLS FARGO BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. " . . J You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-3072 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 DANIEL J. TROUTMAN & TRACY L. TROUTMAN a/k/a TRACY L. ARNOLD (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $98,279.55 L.L. Interest from 7/25/06 to 3/05/08 (per diem - $16.16) -- $9,518.24 and Costs Atty's Comm % Atty Paid $1,193.79 Plaintiff Paid Date: 9/18/07 (Seal) Due Prothy $2.00 Other Costs $4,552.50 cl a,,,- R. -- 1, C s R. Long, Prothonota By: ??a - K tA a AAL Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF WELLS FARGO BANK, N.A. DEFENDANT(S) DANIEL J. TROUTMAN No. 06-3072 CIVIL TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD ACCT. #135463 SERVE TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD AT 320 MOUNT ALLEN DRIVE Type of Action MECHANICSBURG, PA 17055 - Notice of Sheriffs Sale Sale Date: MARCH 5, 2008 SERVED Served and made known to Defendant, on the 3 V'J day of (!)21CFS? 2001, at 4 40 , o'clock ?_.m., at 3u Iou wr A-LL.rztit ILK I ue 1 M F_L! } 4 NIC5 j31412G Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is ??NI Et-_L 4Q564 vb Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age E Height 7 Weight '3 0 Race W Sex Other 1, i?o A-" TL. - , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this _?5 day N of 6MRqD. 200? No By: PL FIV AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE NOTARY PUVX OF NEW,{ W ATTEMPTED. Coffin 0610/NOT SERVED On the day of 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer I" Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 200-. Notary: Vacant 2°d Attempt: Time: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 I, q tll_? 1 r ??) "'til L" ^-? t ? ., ? [ i ' ? L?.i' ( ?F ?'.k,.7 AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO BANK, N.A. DEFENDANT(S) DANIEL J. TROUTMAN TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD SERVE DANIEL J. TROUTMAN AT 320 MOUNT ALLEN DRIVE MECHANICSBURG, PA 17055 SERVED CUMBERLAND COUNTY No, 06-3072 CIVIL ACCT. #135463 Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 5, 2008 Served and made known to DPrN I CC. V,I.:r&Ur?l1f , Defendant, on the 3 t'4 day of 1200-1, at x''•40 o'clock f.m., at 39D AOILuT Q-uEu DQ141F, 1 CoPICS 131AR6- , Commonwealth of Pennsylvania, in the manner described below: _y Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: t .? Height 1 Weight Race Val Sex Other Ao! Description: AgWt-L- e 1, RV i</k-A a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this '"S day of ©-CtCVAaCL 200_ _ No By: #3"%Mb&RVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. 4EF NOTAW PUIUC OF 1*W JEW NOT SERVED Commission EupU96 10120/2W On the day of , 200, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1st Attempt: Time: Vacant 2"d Attempt: / / Time• 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of , 200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 -7 r? SALE DATE: MARCH 5, 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WELLS FARGO BANK, N.A. VS. DANIEL J. TROUTMAN TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD No.: 06-3072 CIVIL 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: 320 MOUNT ALLEN DRIVE, MECHANICSBURG, PA 17055. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. kaj?lj ? - ? - DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Date: January 29, 2008 135463 we o °5 y N A _ W _ N - O U ? W N 5 rG aR 03 D N N 5 a lD Z C Q (D ? s = o a ? c." n nny `d C7 0 •c '? 5 y ? n ? ? z Q O b b rJ y z 0 r O r O X ?, ?+ q3- :? Oo o = z a C a A - z 00 41 00 ° Y cn a n C) ? O O O C N w CD N > O y O C N V] C) a o v o GO O cp F ' *TJ d < o CrJ O '71 r U a es Q a H C r z (p `• 'SJ CD e-r 00 ? R n r o n y 5 r" qQ a (p (= tTJ a, y m C r?li x < x r a cn _ CD ? o z o a trl m c ..3 a r O s: '0 °° r * a M 3 W a r ay y? y D W ,...? ° W ; C o ° ? $ 8 7d ?TI o NO ?y z ? ge. CD N a "'O 7 ? a ° y?y hU ?• .4 C) ? lll?i1111 O c »5' », 7 p cu l? ,.. [l ` W a o al ? n ? o ? ? v, O n8 a F ' ? A t n C7 C X O N j ^ p q H s a ? 4ya O < ° O Ciy r W (D m . 0 0 s "loses PN, ?. v 7. - 7 ® 5 02 1M $ 03.15° 8 0004218010 SEP19 2007-- MAILED FROM 7?jp3 g o W P d ? O ? d ? D b Q `G a co ax" w `a a- ?_ C C rx r r? r ?° b x° O 021 r r r v MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR DEFENDANT I.D. No. 41263 429 South 18'h Street Camp Hill, PA 17011 (717) 730-7310 PA PUBLIC WORKS EQUIPMENT IN THE COURT OF COMMON PLEAS CO., OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA HEMPT BROS., INC., Defendant NO. 08-3072 CIVIL CIVIL ACTION - REPLEVIN NOTICE YOU ARE HEREBY NOTIFIED TO RESPOND TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. MICHAEL L. BANGS (ID #41263) Attorney for Defendant 429 South 18th Street, Camp Hill, PA 17011 (717) 730-7310 DEFENDANT'S ANSWER AND NEW MATTER TO PLAINTIFF'S ACTION IN REPLEVIN PARTIES 1. Admitted. 2. Admitted. JURISDICTION AND VENUE 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. BACKGROUND 1 7. Admitted. 8. Denied as stated. Plaintiff was aware that Defendant needed a street sweeper because on December 29, 2007, a fire had destroyed Plaintiff's premises which destroyed all equipment within the building including Defendant's brand new Elgin Whirlwind Sweeper that Defendant had purchased from Plaintiff on October 30, 2007 which was being adjusted and repaired by Plaintiff and which was being held by Plaintiff as bailee at Plaintiff's premises. Plaintiff and Defendant discussed a replacement for this sweeper since that sweeper was destroyed in the fire at Plaintiff's premises. 9. Denied as stated. Plaintiff was aware that Defendant was in need of a street sweeper and was trying to accommodate Defendant by obtaining a replacement sweeper for the one that was destroyed in the fire. 10. Denied as stated. Plaintiff knew that the replacement equipment was not valued at $178,000.00 given that the original destroyed sweeper was sold for a price of $177,968.00. 11. Admitted in part and denied in part. It is admitted that Defendant ordered the Subject Sweeper at the price of $165,000.00. All the rest of this averment is denied. 12. Denied as stated. It is denied that Defendant agreed to make payment within thirty days to Plaintiff of the replacement sweeper. Plaintiff owed the Defendant $177,968.00 which is the value of the sweeper that was destroyed and Defendant assumed that by the time that the Subject Sweeper was delivered, Plaintiff or Plaintiffs insurance carrier would have paid for Defendant's loss. 13. Denied as stated. Defendant took possession of the Subject Sweeper which it deemed as a replacement of the destroyed sweeper. 2 14. Denied as stated. Plaintiff has an obligation to transfer title to the Subject Sweeper to Defendant since Plaintiff owes Defendant an amount in excess of the cost of the replacement sweeper. 15. Denied. Defendant is without knowledge sufficient to form a belief as when Plaintiff ordered the Subject Sweeper or when it was delivered to Plaintiff from the manufacturer. 16. Admitted. 17. Admitted in part and denied in part. It is admitted that Plaintiff provided Defendant with a standard invoice for the Subject Sweeper. It is denied if this averment is to mean that Defendant had any obligation to actually write a check out to Plaintiff for the amount contained on the invoice given the fact that Defendant viewed this Subject Sweeper as a replacement sweeper and that Plaintiff was the bailee of the destroyed sweeper which had a value in excess of the cost of the Subject Sweeper. 18. Admitted in part and denied in part. It is admitted that subsequent to January 31, 2008, Plaintiff made demands for payment to Defendant. It is denied that Defendant has an obligation to make any payment to Plaintiff and in fact Defendant has advised Plaintiff directly and through its attorney that Plaintiff should transfer the title to Defendant and pay to Defendant the difference between the replacement Subject Sweeper and the value of the destroyed sweeper. 19. Admitted in part and denied in part. It is admitted that Defendant has refused and continues to refuse to make any payment to Plaintiff for the Subject Sweeper. It is denied that Defendant has any obligation to make any payment and in fact Plaintiff has an obligation to turn over the title to Defendant plus pay Defendant the difference between the destroyed sweeper and the Subject Sweeper. 3 20. Denied as stated. Defendant does not know why Plaintiff has failed to transfer the title to the Subject Sweeper to Defendant and Defendant requests this Honorable Court to require the Plaintiff to transfer title. 21. Denied as stated. It is denied that Defendant has any obligation to return the Subject Sweeper to Plaintiff since the Subject Sweeper was a replacement sweeper for the one destroyed while in Plaintiff's possession. 22. Denied as stated. The Subject Sweeper has been used at the Defendant's Locust Point Quarry and Defendant has not engaged in any fraudulent behavior. 23. Denied. The Subject Sweeper is insured. 24. Admitted. 25. Admitted. 26. Admitted. REQUEST FOR RELIEF 27. Answers to Paragraphs I through 26 are incorporated herein by reference. 28. Admitted in part and denied in part. It is admitted that the title to the Subject Sweeper remains in Plaintiff s name. It is averred that Plaintiff has improperly refused to transfer the title to Defendant because the Subject Sweeper is a replacement sweeper for the one that was destroyed while in the possession and control of Plaintiff. 29. Admitted in part and denied in part. It is admitted that Defendant has failed and continues to fail to return the Subject Sweeper to Plaintiff. It is averred that Defendant has no obligation to return the Subject Sweeper to Plaintiff and it is further averred that Plaintiff has an obligation to transfer the title to Defendant. 4 30. Admitted. 31. Denied. It is specifically denied that Defendant has no right to possession and/or use of the Subject Street Sweeper. 32. Denied. It is specifically denied that Defendant's conduct in this matter has been outrageous or that an assessment of punitive damages and attorney's fees are warranted. On the contrary, the Plaintiffs conduct in this matter has been outrageous and it should be subject to punitive damages and attorney's fees. WHEREFORE Defendant requests this Honorable Court to deny Plaintiff's request. NEW MATTER 33. Defendant's answers to Paragraphs 1 through 32 are incorporated herein by reference. 34. Defendant purchased an Elgin Whirlwind Sweeper ("Original Sweeper") from Plaintiff on October 30, 2007. The cost of the Original Sweeper was $177,968.00. Attached hereto and marked as Exhibit A is a true and correct copy of the invoice. 35. Plaintiff knew at the time that Defendant purchased the Original Sweeper that Defendant needed a sweeper for the upcoming season. 36. Between October 30, 2007 and December 29, 2007, Defendant had returned the Original Sweeper to Plaintiff for adjustments and repairs so that it would be fully operational once the building season commenced. 37. Plaintiff accepted the Original Sweeper for repairs and adjustments and as such entered into a bailment with Defendant. 5 38. On December 29, 2007, a fire destroyed the building leased by Plaintiff destroying all the contents of the building including Defendant's Original Sweeper as well as other pieces of equipment held by Plaintiff. 39. Plaintiff was aware that Defendant was in need of a sweeper for its upcoming building season and as such, once the Original Sweeper was destroyed, Plaintiff indicated that it could locate a replacement sweeper for Defendant. 40. Plaintiff subsequently located a replacement sweeper which had similar but not the same equipment as Defendant's Original Sweeper at a price of $165,000.00. Attached hereto and marked as Exhibit B is a true and correct copy of the statement identifying the sweeper. 41. Defendant assumed at the time that it entered into discussions with Plaintiff concerning a replacement sweeper that the replacement sweeper would take the place of the Original Sweeper and that Plaintiff would pay Defendant the difference, if any, between the replacement sweeper and the Original Sweeper. 42. Defendant assumed that Plaintiff had sufficient insurance coverage on the equipment that it had in its possession and control so that Plaintiff would have the funds sufficient to not only provide Defendant with the replacement sweeper but provide Defendant with the difference between the value of the Original Sweeper and the replacement sweeper. 43. Prior to the delivery of the Subject Sweeper, Defendant became aware that Plaintiff was underinsured and sent a formal letter through its counsel to Plaintiff requesting the full payment of the value of the destroyed Original Sweeper. Attached hereto and marked as Exhibit C is a true and correct copy of the letter. 6 44. Plaintiff was aware prior to its delivery of the Subject Sweeper that it had an obligation to pay Defendant for the loss of the Original Sweeper and that Defendant needed the Subject Sweeper in order to have it available for the upcoming building season. 45. Plaintiff delivered the replacement sweeper to Defendant knowing that Defendant expected to receive payment for the destroyed Original Sweeper. 46. Subsequent to the delivery of the Subject Sweeper, Defendant advised Plaintiff on numerous occasions that it expected to be paid and has also requested, through its counsel, that the title be transferred to Defendant and the difference between the destroyed Original Sweeper and the Subject Sweeper be paid. 47. Plaintiff has failed or refused to turn over the title to Defendant and has failed or refused to pay Defendant the difference between the cost of the Original Sweeper and the Subject Sweeper. 48. Plaintiff has attempted illegal self-help remedies to obtain the Subject Sweeper. 49. Defendant has been maintaining and using the Subject Sweeper at its Locust Point Quarry located at 49 North Locust Point Road, Mechanicsburg, Pennsylvania. 50. On or about May 1, 2008, Plaintiff's employees illegally trespassed on Defendant's property and attempted to remove the Subject Sweeper from the Defendant's Locust Point Quarry. 51. Defendant contacted the police and it is Defendant's knowledge and belief that a criminal citation for trespassing has been issued against Plaintiff's employees. 7 52. To the best of Defendant's belief, Plaintiff has taken no steps to pursue any claims against its own insurance carrier or against the owners of the property for the loss of the Original Sweeper. 53. Defendant is entitled to receive the title to the Subject Sweeper and be paid by Plaintiff for the difference between the cost of the Original Sweeper and the Subject Sweeper. 54. Defendant has incurred considerable costs solely as a result of the actions of Plaintiff first by Plaintiff s failure to pay for the loss of the Original Sweeper; by Plaintiff's actions in illegally trespassing on Defendant's property to illegally obtain the Subject Sweeper; and to defend this frivolous and improper action. 55. Plaintiff's conduct as set forth in this Answer and New Matter is outrageous such that an assessment of punitive damages, attorney's fees and other special damages as the Court deems appropriate is warranted. WHEREFORE, Defendant requests this Honorable Court to order and direct as follows: 1. Enter judgment in favor of Defendant and against Plaintiff, 2. Require Plaintiff to provide Defendant with the appropriate title to the Subject Sweeper; 3. Assess punitive damages and reimburse all of Defendant's legal costs for defending this claim; and 8 4. Such other relief as the Court deems appropriate. Respectfully submitted, f MICHAEL L. BANGS Attorney for Defendant 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 Date: May 16, 2008 , 9 VERIFICATION JOSEPH THEURER, being duly sworn according to law, deposes and says that he is the Assistant Secretary of Hempt Bros., Inc., a Pennsylvania corporation, and that as such officer, he is authorized to make this Verification on its behalf and that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief, and further understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. HEMPT BROS., INC. BY: H THE RER Assistant Secretary 10 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served the foregoing DEFENDANT'S ANSWER WITH NEW MATTER, by depositing a copy of the same in the United States mail, postage prepaid, at Camp Hill, Pennsylvania, addressed to the following: Andrew A. Dowling, Esquire Ronald L. Finck, Esquire Mette, Evans & Woodside 3401 North Front Street Harrisburg, PA 17110-0950 DATE: 11 EXHIBIT A 12 ?•- ??. tea. v mviv t4: zJ k'AX 4122573448 A&H EQUIPMENT cau l uc • I GPm V 2003 PA PUBLIC WORKS, LLC SHIP TO ONLY: 238 LOCUST POINT RD, 81 SEC B MECHANICSBURG, PA 17050 717-697-8045 717-697-0154-FAX ** QUOTE ww Date Customer P.O. Br Ship Date Salesman 9128107 VERBAL 10 KENNETH R. MOYER Sold To HEMPT BROTHERS, INC 205 CREEK ROAD CAMP HILL PA 17011 Terms Qty 1 1 1 Page 1 Cu3tomer Document H14792 Y04260 717/920-8467 ' 0 c) DUE UPON DELIVERY VISA/MASTERCARD ONLY Description Each Amount EL WHIRLWIND 36' MVWW DUAL DEMO MACHINE ON 2007 SC8000 STERLING CHASSIS WITH THE FOLLOWING: HIGH PRESSURE WASHDOWN, 25' WATER FILL -HOSE, LIFELINER HOPPER SYSTEM, FRONT SPRAY BAR, DUAL SIDE BROOM TILT, DUAL VAR. SPEED SIDE BROOMS, DUAL AUTO SHUTTER DOORS, HOPPER DELUGE, AUTO LOBE CHASSIS/SWEEPER, 6" HOPPER DRAIN, RIGHT HAND INSPECTION DOOR & STEP, AUXILIARY HYD PUMP, HYD. WANDERING HOSE, PAINT WHITE POWDER COAT, IN CAB HOPPER DUMP, HYD. OIL COOLER, FRONT & REAR STROBES WITH GUARD, TRIANGLE REFLECTORSIFLARES/FIRE EXTINGUISER. EL WWMV ADDITIONAL DEMO DISCOUNT ?Z ELGIN ELGIN WHIRLWIND ra r`SI.S L3v ?. CONTINUED EXHIBIT B 13 1Dfl I rt uUk Wnlm Equipw4d Cc 238 North Locust Point Road, Mechanicsburg, PA 17050 800-753-7566 1/14/2008 Hempt Bros. I(nc. 205 Creek Road Camp Hill, PA 17011 Gentlemen: We are pleased to provide the following proposal for your consideration: One (1) New Elgin Whirlwind MV S/N MV3028D with Dual 36" side brooms, mounted on a Freightliner M2 chassis, with all standard equipment and including the following options: • (2) Bostrom Vinyl Midback Seats • AM/FM/CD Radio • Lifeliner Hopper w/ Warranty • RH Inspection Door with Step • High Pressure Washdown System Front Spray Bar Hydraulic Wandering Hose • Automatic Shutter Left and Right Sides • Variable Speed Gutter Brooms • Aux. Hydraulic Pump • LH and RH Side Broom Tilt • Strobe Cab and Rear • 5# Fire Extinguisher • Triangle Reflectors (#) • Auto-tube System Chassis and Sweeper • Hopper Deluge - Rear Door • In Cab Hopper Dump • Hydraulic Oil Cooler • 25' Water Fill Hose Price FOB Harrisburg, PA ......................... $ 165,000.00 Above price does not include applicable taxes, fees, license or registration. Delivery: Approximately 1-2 weeks ARO. Unit Subject to Prior Sale. Sincerely, PA Public Works Equipment Co. Tripp Amick f President C.? E= C 14 BANGS LAW OFFICE 429 SOUTH 18""' STREET CAMP HILL, PA 17011 E-mail: mikehan sa.verizon.net MICHAEL L. BANGS, Attorney-at-Law WENDY K. STRAUB, Paralegal January 23, 2008 Tripp Amick, President PA Public Works Equipment Co. 238 North Locust Point Road Mechanicsburg, PA 17050 RE: Hempt Bros., Inc. Dear Mr. Amick: PHONE: 717-730-7310 FAX: 717-730-7374 WILLIAM E. MILLER, JR. Of Counsel Please be advised that I represent Hempt Bros., Inc. As you know, Hempt Bros., Inc., had a Elgin Whirlwind sweeper at your location for repairs/modifications when your building was burnt on December 29, 2007. This resulted in the total loss of our equipment. Under the laws of the Commonwealth of Pennsylvania, your company assumed responsibility for this equipment when it was delivered to you for the repairs/modifications. The receipt of that equipment resulted in a bailment which requires you to exercise due care towards that equipment and requires you to return it to my client. As a result of the fire, that did not occur and you are responsible for any damages incurred by my client. As you know, this piece of equipment was purchased in October, 2007 from your company. I understand that the piece of equipment had virtually not lost any of its value at the time of the loss. The purchase price was $177,968.00. Please accept this letter as a formal demand for payment of $177,968.00. I understand that you may have some insurance coverage through Erie but that coverage amounts to only $150,000.00. I also understand that there was other equipment on site and therefore there will be multiple parties making a claim on that policy. Hempt Bros., Inc., did not make the decision as to the amount of insurance coverage that you determined to be appropriate for the equipment that you had on site. Consequently, while your insurance carrier may decide to tender the policy limits to all the injured parties, this will not make Hempt Bros., Inc. whole and Hempt Bros., Inc. looks to you to pay this claim in full. I . . % Tripp Amick, President 2 January 23, 2008 I understand that there is a potential claim that you might have against the landlord in this case because of some issues with the building. Again, that is a claim that you must make; Hempt Bros., Inc. has no control over the premises where you conducted your business. However, I would encourage you to advise your landlord that you have a claim being made against you for this equipment so that you can try to recoup the amounts due and owing to Hempt Bros., Inc. While Hempt Bros., Inc. understands the severity of what has occurred to your business, Hempt Bros., Inc. simply cannot wait to be paid. Therefore, I request that you advise me of your position as to payment of the outstanding balance in full within the next ten (10) days. Very truly yours, Michael L. Bangs wks cc: Hempt Bros., Inc. i.-- 's'1 -,?-t rv F'i yr ; - _ '-;-t «:? .. ...?, ;?7 - ; 1`?7 4?7 :_? .. ! Z? c? (.1. t "? Andrew H. Dowling, Esquire Sup. Ct. I.D. No. 39692 Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 METTE, EVANS & WOODSIDE 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone ahdowling@mette.com rlfinck@mette.com PA PUBLIC WORKS EQUIPMENT CO., Plaintiff V. HEMPT BROS., INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08- 3072- Civil : CIVIL ACTION - REPLEVIN AFFIDAVIT OF SERVICE I, Ronald L. Finck, Esquire, having been duly sworn upon my oath, state that on May 15, 2008 at approximately 5:00 p.m., I did serve a certified copy of this Court's Order dated May 15, 2008 in the above-captioned matter on the Defendant, Hempt Bros., Inc. by hand delivery to the Defendant's principal place of business at 205 Creek Road, Camp Hill, PA 17011. I verify that the facts set forth herein are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to the penalties of 18 Pa. C.S. §4904. Respectfully submitted, METTE, EVANS & WOODSIDE By: ?a .P..? , to - Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone Attorneys for Plaintiff Date: May 16, 2008 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Hempt Bros, Inc. 205 Creek Road Camp Hill, PA 17011 Respectfully submitted, METTE, EVANS & WOODSIDE By: (?L? "-? . 4':-L Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone Attorneys for Plaintiff Date: May 16, 2008 493983v1 +-?-? : ? {' , C..?. CSC ??? --C' ? y ?? ??q+? :1 ?„lr- „-i ? \ ? , ? .? °T ! .. Wells Fargo Bank, N.A. In the Court of Common Pleas of VS Cumberland County, Pennsylvania Daniel J. Troutman and Tracy L. Troutman Writ No. 2006-3072 Civil Term a/k/a Tracy L. Arnold William Cline, Deputy Sheriff, who being duly sworn according to law, states that on November 19, 2007 at 1637 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Daniel J. Troutman and Tracy L. Troutman a/k/a Tracy L. Arnold, by making known unto Tracy Troutman, personally and adult in charge for Daniel J. Troutman at 320 Mount Allen Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copies of the same. Sharon Lantz, Deputy Sheriff, who being duly sworn according to law, states that on January 10, 2008 at 1421 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Daniel J. Troutman and Tracy L. Troutman a/k/a Tracy L. Arnold located at 320 Mount Allen Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Daniel J. Troutman and Tracy L. Troutman a/k/a Tracy L. Arnold by regular mail to their last known address of 320 Mount Allen Drive, Mechanicsburg, PA 17055. These letters were mailed under the date of January 8, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff s Costs: Docketing 30.00 Poundage 23.04 Advertising 15.00 Posting Handbills 15.00 Prothonotary 2.00 Mileage 23.04 Levy 15.00 Surcharge 30.00 Postpone Sale 40.00 Law Journal 473.00 Patriot News 492.80 Share of Bills 16.17 $ 1,175.05 So Answers R. Thomas Kline, Sheriff -,//L rb p BYE..*L ` I'9P Real Estate ergeant c ?y WELLS F.?RGrO BANK, N.A. j Plaintiff, V., DANIEL J. TROUTMAN CUMBERLAND COUNTY COURT OF COMMON PLEAS TRACY L. TROUTMAN CIVIL DIVISION A/KIA TRACY L. ARNOLD Defendant(s). NO. 06-3072 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO BANK, N.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,320 MOUNT ALLEN DRIVE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DANIEL J. TROUTMAN TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD 320 MOUNT ALLEN DRIVE MECHANICSBURG, PA 17055 320 MOUNT ALLEN DRIVE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name CAPITOL CITY OIL Last Known Address (if address cannot be reasonably ascertained, please indicate) 1600 HUMMEL AVE CAMP HILL, PA 17011 CAPITOL CITY OIL C/O BRIAN C. CAFFREY, ESQ. 26 WEST HIGH STREET CARLISLE, PA 17013 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) None 5. Name and address of every other person who has any record lien on the property: Name I Last Known Address (if address cannot be reasonably ascertained, please indicate) UPPER ALLEN TOWNSHIP ATTN: LOUIS FAZEKAS, TWP. MANAGER 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name TenantlOccupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 320 MOUNT ALLEN DRIVE MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6TH FLOOR, STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 PO 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 of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. September 14, 2007 /Dalyu-ju ? DATE DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff WELLS FARGO BANK, N.A. Plaintiff, V. DANIEL J. TROUTMAN TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD Defendant(s). TO: DANIEL J. TROUTMAN 320 MOUNT ALLEN DRIVE MECHANICSBURG, PA 17055 September 14, 2007 CUMBERLAND COUNTY No. 06-3072 CIVIL TRACY L. TROUTMAN AJKIA TRACY L. ARNOLD 320 MOUNT ALLEN DRIVE MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 320 MOUNT ALLEN DRIVE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on MARCH 5, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $98,279.55 obtained by WELLS FARGO BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the 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 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof, dated March 18, 1963, as prepared by D.P. Raffensperger Surveyor, Camp Hill, Pennsylvania, as follows: BEGINNING at a point in the center of Mt. Allen Drive, said point being one hundred twenty- five (125) feet in a northerly direction from the intersection of the center line of Mt. Allen Drive with the side line of Nittany Road, said point being also on the northern line of Lot No. 9 on the hereinafter mentioned plan of Lots: thence along the northern line of Lot No. 9, South eighty-one (81) degrees forty-five (45) minutes West one hundred fifty (150) feet to a point; thence North eight (08) degrees fifteen (15) minutes West one hundred (100) feet to a point on the southern line of Lot No. 7; thence along the southern line of Lot No. 7 North eighty-one (81) degrees forty- five (45) minutes East one hundred fifty (150) feet to a point on the center line of Mt. Allen Drive; South eight (08) degrees fifteen (15) minutes East one hundred (100) feet to a point; the place of BEGINNING. BEING LOT NO. 8, Section "B", Plan of Mt. Allen Heights, recorded in Plan Book "3", Page 46. BEING THE SAME PREMISES which Barbara L. Shank, a widow, granted and conveyed unto Eugene R. Arnold, Sr. and Margaret A. Arnold, husband and wife, by deed dated November 29, 2000, in the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 235, Page 395, and recorded on December 4, 2000. ' PARCEL IDENTIFICATION NO: 42-28-2423-014 CONTROL #: 42002764 PREMISES BEING: 320 MOUNT ALLEN DRIVE, MECHANICSBURG, PA 17055 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Daniel Troutman and Tracy Troutman, husband and wife, by Deed from Eugene R. Arnold, Sr. and Margaret A. Arnold, husband and wife, dated 10/14/2004, recorded 11/08/2004, in Deed Book 266, page 652. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Eugene R. Arnold, Sr. and Margaret A. Arnold, husband and wife, by Deed from Barbara L. Shank, a widow, dated 11/29/2000, recorded 12/04/2000, in Deed Book 235, page 395. ' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-3072 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 DANIEL J. TROUTMAN & TRACY L. TROUTMAN a/k/a TRACY L. ARNOLD (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $98,279.55 L.L. Interest from 7/25/06 to 3/05/08 (per diem - $16.16) - $9,518.24 and Costs Atty's Comm % Atty Paid $1,193.79 Plaintiff Paid Date: 9/18/07 (Seal) Due Prothy $2.00 Other Costs $4,552.50 g, ProthonotaryBy: CArtis R. Lon&b,,. dA#,*- do Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 02 On October 26, 2007 the Sheriff levied upon the defendant's interest in the real propefty situated in Upper Allen Township, Cumberland County, PA Known and numbered as 320 Mount Allen Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. 3 Date: October 26, 2007 By: } Real Esta Sergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 25, February 1 and February 8, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Coyne, SWOfM TO AND SUBSCRIBED before me this 8 day of February, 2008 C:? Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 YA " ENTA!?i 11" NO. Z Writ No. 2006-3072 Civil Wells Fargo Bank, N.A. vs. Daniel J. Troutman and Tracy L. Troutman a/k/a Tracy L. Arnold Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Town- ship, Cumberland County, Penn- sylvania, bounded and described in accordance with a survey and plan thereof, dated March 18, 1963, as prepared by D.P. Raffensperger Surveyor, Camp Hill, Pennsylvania, as follows: BEGINNING at a point in the center of Mt. Allen Drive, said point being one hundred twenty-five (125) feet in a northerly direction from the intersection of the center line of Mt. Allen Drive with the side line of Nit- tany Road, said point being also on the northern line of Lot No. 9 on the hereinafter mentioned plan of Lots: thence along the northern line of Lot No. 9, South eighty-one (81) degrees forty-five (45) minutes West one hun- dred fifty (150) feet to a point; thence North eight (08) degrees fifteen (15) minutes West one hundred (100) feet to a point on the southern line of Lot No. 7; thence along the southern line of Lot No. 7 North eighty-one (81) degrees forty-five (45) minutes East one hundred fifty (150) feet to a point on the center line of Mt. Allen Drive; South eight (08) degrees fifteen (15) minutes East one hundred (100) feet to a point; the place of BEGINNING. BEING LOT NO. 8, Section "B", Plan of Mt. Allen Heights, recorded in Plan Book "3", Per 46. BEING THE SAME PREMISES which Barbara L. Shank, a widow, granted and conveyed unto Eugene R. Arnold, Sr. and Margaret A. Ar- nold, husband and wife, by deed dated November 29, 2000, in the Recorder of Deeds in and for Cumber- land County, Ptunsyt"xiia, is Record Book 235, Pa , and recorded on December 4, 2000. PARCEL IDENTIFICATION NO: 42-28-2423-014. CONTROL #: 42002764. PREMISES BEING: 320 MOUNT ALLEN DRIVE, MECHANICSBURG, PA 17055. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Daniel Troutman and Tracy Troutman, husband and wife, by Deed from Eugene R. Arnold, Sr. and Margaret A. Arnold, husband and wife, dated 10/ 14/2004, re- corded 11/08/2004, in Deed Book 266, page 652. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Eugene R. Arnold, Sr. and Margaret A. Arnold, husband and wife, by Deed from Barbara L. Shank, awidow, dated 11/29/2000, recorded 12/04/2000, in Deed Book 235, page 395. Virile Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE 14f patriot-.N(ws Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 01/30108 02/06/08 02/13/08 2008 A. D. COMMONWEALTH OF 4 FNN;;SYLA1ANlA Notari7« a ~.al Sherrie L. Kisnn+.. N,,x.ary Public CkyOfHaftbo . f' pi hnhin County My Conwnil w , 4ov. 26, 2011 Member, Pennsylvania r,: ; c;ciadon of Notaries REAL ESTATE SALE NO.2 Writ No. 2008-3072 Civil Term Wells Fargo Bank, N.A. VS Daniel J. Troutman and Tracy L. Troutman a&M Tracy L. Arnold Attorney Daniel Schmleg DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof, dated March 18, 1963, as prepared by D.P. Raffensperger Surveyor, Camp Hill Pennsylvania, as follows: BEGINNING at a point in the center of Mt. Allen Drive, said point being one hundred twenty5ve (125) feet in a northerly direction from the intersection of the center line of Mt Allen Drive with the side line of Ninny Road, s- ;d point being also on the northern fine of Lot No. 9 on the hereinafter mentioned plan of Lots: tl!tence along the northern line of Lot No. 9. S,auth eighty-one (81) degrees forty-five (45) minutes West one hundred fifty (150) feet to a point; thence North eight (09) degrees fifteen (15) minutes West one hundred (100) feet to a ?in4 .sevphera. line of Lot-Nm. 7- tbence along the southern line of Lot No. 7 North eighty-one (81) degrees forty-five (45) minutes Fast one hundred fifty (150) feet to a point on the center lute of H. Allen Drive; South eight ('08) degrees fifteen (15) minutes Fast one hundred (100) feet to a point; the place of BEGIIVNING. BEING LOT NO. 8, Section "B" Plan of Mt. Allen Heights, recorded in Plan Book "3", Page 4i;. BEING THE SAME PREMISES which Barbara L. Shank, a widow, granted and conveyed unto I,"= R. Arenki, Sr. and Mr"et A. Amid, husbmd and wifa by decd dared Ncmmthar 29, 2000, in the Recorder of Deeds in and for Combd and County, Peramylvania, in Record Book 235, Page 395, and recorded on December 4.2000. PARCEL IDENTIFICATION NO; 42-28-2423- 014 CONTROL #: 42002764 PREMISES BEING: 320 MOUNT ALLEN DRIVE, MECHANICSBURG, PA 17055 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Daniel Troutman and Tracy Troutman, husband an4 wife, by Deed from Eugene R. Arnold, Sr. and Margaret A. Arnold, husband and wife, dated 10/141M,, recorded I IM8/2004, in Deed Book 266, page 652. PAOR DEED IlVEORMATION TITLE TO SAID P EWMS IS VESTED IN Eugene R. Amold, Sr. and Margaret A. Ar rold, husband and wife, by Deed from Barbara L. Shank, a widow, dated I1129/2f100, recorded 12/ 04!2000, is Deed Book 233, page 395. PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK, NA Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION v. DANIEL J. TROUTMAN TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 07/26/2006 to Date of Sale ($16.16 per diem) TOTAL ~01~. C70 P A ATE '38.6(0 CBF 1la . oo I, 035.'13 a 1, 1h5. Q6 w ~'. 50 ~' q. oo •' 15. o O ~~ a~1.00 a'~ga.e~- - Po ATE ~a.oo ~.~ Note: Please attach description of property. PHS # 135463 ~~` q~8gaa N0.06-3072 CUMBERLAND COUNTY $98,279.55 C s ~ ~z $25,807.52 ` =~ ~'~ "~ ~' y;, .. _t'r $130,413.57 -T" ~_ w d '~, l 'Ti ~~~/ rney for Plaintiff Phelan Hallman &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallman, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith~T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay H. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ~~ w ra .-~ -~, rrs n~ ~~ ::s._1 :%L", Y~ { ,'S t~ ~.t J.~,~ ~( A a O Q U •ti ~ ~ ~ V'1 '^ >° Q N `~ W O z a>~ ~ Qa zQa ~ a ~a~ ] a~ x a oa ¢~ oa ¢~ 3 E-'FU a~Q HE-~U a~¢ ~,°~x z U ~~x ~ U Q ~ + A M /-. H M z~ OQ ~a W a ~' a Oa ~H O U~ O~ ~~ O~ U W ~~ ~U z d C7 ~a W 3 A O a U ~~ F'' E'' OO a F H ~aQ z-~ U A~ 0 U f~ ~ 00 F O W O ~ w ~ V a 0 N ~ ~ O ~ O~ M N vl N pip ~ ,.. M ~ ~ d' ~ 00 NON ~~o~O~~M 01~.--i OOON M~~ C~ prMiN [~00~'7"NN O a z O O z G z o~0 ~ N~ b ° C~ O O z a zzbZb 0 0 0~ ozZ o;zz',,,.,° ~~bb ~ ~zzz~zb~W~b b ~ W ~ H a" W ., m rn WW~tiW..: N'~'~°n'b o~'WW,?~WW a~i ~ ~ cOa a~~i ~° O ~ W W W ., W v vi k. ~ ~ .a ~ a~ b ~ ~~~~~ o .~ as ~~pq ~~ > ~ ~W~•a.~ y-~A o ~ c ~~ ayH ~~v~~-, 3~ >`" ~ 3 Q a ^^~00~^^^^^^^00~0 w Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, NA Plaintiff v. FILED a~r~,t',E '.?F THE {' ,~ `,~' <<,1 ~r~?Y Attorneys for Plaintiff ZafO JU~~ 30 F~ 2~ 3;Z cur~F~:~,~..~ t ,:,~~~~ COURT OF COMMON PLEAS CIVIL DIVISION N0.06-3072 DANIEL J. TROUTMAN TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD Defendant(s) CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Attorney for Plaintiff Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ P.eter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ~~Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 WELLS FARGO BANK, NA `Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION v. DANIEL J. TROUTMAN TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD Defendant(s) N0.06-3072 CUMBERLAND COUNTY PHS # 135463 AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, NA, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 320 MOUNT ALLEN DRIVE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): n +~ o Name Address (if address cannot be reasonably c _~_ ascertained, please so indicate) .,~. u; c_.. -. -, ' :~ m DANIEL J. TROUTMAN 320 MOUNT ALLEN DRIVE -' r' c.,1 ~ ~ [ MECHANICSBURG,PA17055 ~~'-• ~ "-~ '-~ ice: C. . -'~ _ ,.: _i ~ ' TRACY L. TROUTMAN 320 MOUNT ALLEN DRIVE '`' t ' ~ ~ _ '~! ~~ A/K/A TRACY L. ARNOLD MECHANICSBURG, PA 17055 ~ ~ C,__ ~'V ~' ~ '`~ 2. Name and address of Defendant(s) in the judgment: ew Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) CAPITOL CITY OIL 1600 HUMMEL AVENUE CAMP HILL, PA 17011 CAPITOL CITY OIL 5 CAMPBELL PLACE C/O BRIAN C. CAFFREY, ESQUIRE CAMP HILL, PA 17011 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) UPPER ALLEN TOWNSHIP UPPER ALLEN TOWNSHIP C/O LOUIS FAZEKAS, TOWNSHIP MANAGER 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055 UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE C/O RICHARD S. LASKEY, MECHANICSBURG, PA 17055 TOWNSHIP MANAGER 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 Address (if address cannot be reasonably ascertained, please indicate) None. 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 Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 320 MOUNT ALLEN DRIVE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 6`h Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 13~ Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. June 25. 2010 By: Att rney for Plaintiff Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 WELLS hfARGO BANK, NA i, COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. DANIEL J. TROUTMAN TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD N0.06-3072 CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY c a `n ~~ E~ ~- TO: DANIEL J. TROUTMAN =_ .~, , TRACY L. TROUTMAN '-.' ; ~ a - , A/K/A TRACY L. ARNOLD ~~ ~- ~ 't" `~ -~ 320 MOUNT ALLEN DRIVE ,, r' ` ~. - , MECHANICSBURG, PA 17055 << ~; ~'` :~ r.a **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, 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 320 MOUNT ALLEN DRIVE, MECHANICSBURG, PA 17055 is scheduled to be sold at the Sheriff's Sale on 12/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $98,279.55 obtained by WELLS FARGO BANK, NA (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 Sheriff s Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the 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 ca11215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution N0.06-3072 WELLS FARGO BANK, NA vs. DANIEL J. TROUTMAN TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD owner(s) of property situate in UPPER ALLEN TOWNSHIP, Cumberland County, Pennsylvania, being icipality) (Acreage or street address) Parcel No. 42-28_2423-014 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT; $98,279.55 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof, dated March 18, 1963, as prepared by D.P. Raffensperger Surveyor, Camp Hill, Pennsylvania, as follows: BEGINNING at a point in the center of Mt. Allen Drive, said point being one hundred twenty-five (125) feet in a northerly direction from the intersection of the center line of Mt. Allen Drive with the side line of Nittany Road, said point being also on the northern line of Lot No. 9 on the hereinafter mentioned plan of Lots: thence along the northern line of Lot No. 9, South eighty-one (81) degrees forty-five (45) minutes West one hundred fifty (150) feet to a point; thence North eight (08) degrees fifteen (15) minutes West one hundred (100) feet to a point on the southern line of Lot No. 7; thence along the southern line of Lot No. 7 North eighty- one (81) degrees forty-five (45) minutes East one hundred fifty (150) feet to a point on the center line of Mt. Allen Drive; South eight (08) degrees fifteen (15) minutes East one hundred (100) feet to a point; the place of BEGINNING. BEING LOT NO. 8, Section "B", Plan of Mt. Allen Heights, recorded in Plan Book " 3", Page 46. UNDER and SUBJECT to restrictions and conditions as now appear of record. TITLE TO SAID PREMISES IS VESTED IN Daniel Troutman and Tracy Troutman, husband and wife, by Deed from Eugene R. Arnold, Sr. and Margaret A. Arnold, husband and wife, dated 10/14/2004, recorded 11/08/2004, in Deed Book 266, page 652. PREMISES BEING: 320 MOUNT ALLEN DRIVE, MECHANICSBURG, PA 17055 PARCEL N0.42-28-2423-014 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-3072 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, NA, Plaintiff (s) From DANIEL J. TROUTMAN TRACY L. TROUTMAN a/k/a TRACY L. ARNOLD (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $98,279.55 L.L. Interest from 7/26/06 to Date of Sale ($16.16 per diem) -- $25,807.52 Atty's Comm Atty Paid $2,392.84 Plaintiff Paid Date: 6/30/10 Due Prothy $2.00 Other Costs David D. Buell, Prothonotary (Seal) REQUESTING PARTY: By: Name: COURTENAY R. DUNN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Deputy Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 206779 AFFIDAVIT OF SERVICE N M ~- a~~pr~~y~' a W o. ~~zW ..a~oc rilz°~y ~g 0 U PLAINTIFF CUMBERLAND COUN'T'Y WELLS FARGO BANK, NA PIiS # 135463 DEFENDANT SERVICE TEAM/ Itxc DANIEL J. TROUTMAN COURT NO.: 06-3072 TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD ~ SERVE DANIEL J. TROUTMAN AT: TYPE OF ACTION ~ r,:l ~~ 320 MOUNT ALLEN DRIVE XX Notice of Sheriff s Sale `?"' ~ :~ ~` MECHANICSBURG, PA 17055 SALE DATE: 12/08/2010 ,~~, SERVED - N Served and made known to DANIEL J. TROUTMAN ,Defendant on the ~'hday of ~u~y _; 2p (~ , 5: 5~ , o clock ~. M., at s~20 ~('T Lt,Fau DQ,- ~ E in the manner described below: / Defendant personally served. 6Ct~NtCS 6tJ , P/F, - ~ < . _ Adult family member with whom Defendant(s) reside(s). ~? ~1 Relationship is "- _Adult in charge of Defendant'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 office or usual place of business. _ an officer of said Defendant's company. Other: ~t ...~ -:~ : -?-r ~-~ .._ ~_;_, :::;°; Description: Age ~,~, Height ~ Weight r'qo Race ~/ _ Sex M Other I, D ~ Lt- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and sub^s'c1rib~ed before me this ~ day of u L 20LQ t "B NOT SERVED On the day , 20_, at _ o'clock _. M., Defendant NOT FOUND because: Vacant _ Bad Address _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at at _ Service Refused Other: Sworn to and subscribed before me this day of -~_. By: Notary: ATTORNEY FOR PI~AiNTISi F Lnwrena T. Pl,eltl,, Esq., Id. Nw 32227 Fonds S. lleddo, Esq., Id. Ne. {2695 Daokl G. Sdmdq, Esq, Id. Na 62266 Mirlwk M. B,adterd, Evq., id. Nu 69809 JmBth T. Romero, Esq., Id. Na 58744 Sheetat R Shah-JooO, Fsq., Id. Na 81760 Jenhre R Davey, Esq, Id. Na 87077 Ismvn R Tabas. Esq., Id. Na 93337 Vivelc Srivasmv; Ewl., Id Na. 202731 Jay B. Jo,w, Faq., Id. Na 86657 Prier ]. Mulahy, Fag+Id. Na 61791 Andmv L Spivack, Faq, Id. Na 50439 Ja®u McGodaness, FBq., Id. Na 90134 Chsisovalan4 P. FWkas, Esq., Id. Na 906211 Joshes L Goldman, Esq., Id. Na Zp5007 Comtenay R bmm, Fsq, Id. Na 206779 Andrew C. BraviWNy~Faa, id. Na Z0&175 One Penn Cmisat 6a,1r Smtloe 1617 John R Kemedy Blvd., State 1400 Philadelphia PA 191031814 tals~ s637aeo .r N y w~ U ~ Q~w~ ~~zX oc cu ..]EQ-OO ~z~~ ~g 0 AFFIDAVTI' OF SERVICE PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, NA PI-IS li 135463 DEFENDANT SERVICE TEAM/ kxc DANIEL J. TROUTMAN COURT NO.: 06-3072 TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD SERVE DANIEL J. TROUTMAN AT: TYPE OF ACTION 320 MOUNT ALLEN DRIVE XX Notice of Sheriff's Sale MECHANICSBURG, PA 17055 SALE DATE• 12/08/2010 ~ } ~a ~~ t°_' -- ~ i'"a SERVED ~•~- ~;' r : " Served and made known to DANIEL J. TRO[JTMAN ,Defendant on the ~ ~da of J u L I ~ ~ '' ' ~` Y ~ 2(i~ at ~ j-.. S" 5'7 , oclock¢. M., at ~~0 AST, 1,t,F.~ DQ,1 ~E in the manner described below: ~ / Defendant personally served. 6C1~tutGs BV 6, P/E, , _W ~' _ Adult family member with whom Defendant(s) reside(s). '~ Relationship is - ~ _ Adult in charge of Defendant'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 office or usual place of business. 't _ an officer of 'said Defendant's company. Other: M Description: Age ,~S Height ~ Weight ~'0 Race ~ Sex M Other I, LLD ~ !~ , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and sub~s~c1rib~ed before me this ~~ ~ day of u L 20LQ t 'B NOT SERVED On the day , 20_, at _ o'clock _ M., Defendant NOT FOUND because: Vacant _ Bad Address _ Moved _ Does Not Reside (Not Vacant) No Answer on at at _ Service Refused Other: Swom to and subscribed before me this day of ~- By. Notary: ATTORNEY FOR PLAINTIFF Lawrvtce T. Phdas, Fsq., 1d, Ne. 8227 Frane6 S. lla8loaw, Fig., Id. Ne. 62695 Danid G. Scirrq, Fsq., ld No. 62205 Mieiele M. BndfiN, Fiq., Id. Nu 69049 JeditA T. Ranaenq Fjq., Id. No. SS745 SAeetal R S6~h-Jr~i, Fiq., Id. Na 81760 Jeaine R Da~ty, Esq., Id. Na 67077 [amen R Tabas, Esq., Id. No. 93337 Vivdc Srivastava, Esq., Id. Na 202131 Jay B. Jars, Esq., Id Na 86657 Peter J. MWnity, Etq., Id. Ne. [1791 Andrew L Spiradc, Esg., Id. Ne. 81439 Jaime MtGuiarea, Ftq., rd. No. 90134 Chrissvalantc P. FBalws, Esq~ Id. No. 94[111 Jalnra L GoWtmn, Fig., Id Ne. 205047 Coartenay R Dear, Esg., Id. Na 206779 Aodtew G BntabktyW. Ne. 208375 One Heir Center rt Statiert 1617 Jelin F. Ktenedy BFd., State 1400 Philodelpld; PA 19101181/ (215) 5617000 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, NA PHS # 135463 ~_ ~, ~v~~ ~~3~ ~ ~~~ u.. ~Oz ca°z~ aC ~ ~ 0 v DEFENDANT SERVICE TEAM/ kxc DANIEL J• TROUTMAN COURT NO.: Ob-3072 TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD SERVE TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD AT: TYPE OF ACTION 320 MOUNT ALLEN DRIVE XX Notice of Sheriff's Sale MECAANICSBURG, PA 17055 SALE DATE: 12/08/2010 SERVED ~-' '==~ _f Served and made lrnown to TRACY L. TROUTMAN ,Defendant on the2L'~'day of ~N G -°*~'~°10 ,~, ~.~ 57 ,o'clock,. M., at 31D M7. 4~F~ DR+ vE in the manner described below: - ~ ~ ~' Defendant personally served. M E~krtN t ct &/a~. k, = _ ~_ Adult family member th whom Defendant(s) reside(s). = 1u Relationship is S $ D -~ _ Adult in chazge of Defendant's residence who refused to give name or relationship. _ 3 _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). FJ _ Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. -~ _ Other: Description: Age _~ Height g ,• Weight r ~fl Race W Sex ~ Other I, ~Q7Na'(~S /~/~D !.t_ , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subsc 'bed before me 's 7-C day of ~t.~ 0/a. ~a~'J /,~ No ,/tf /`G NOT S RVED On the day of , 20_, at o'clock . M., Defendant NOT FOUND because: _ Vacant _ Bad Address _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: Sworn to and subscribed o fore me this ~~ day B Y~ Notary: ATTORNEY FOR PLAINTIFF Lasrtake T. PIwLe4 Esq., Id. Na 32227 Frogs S HpBfooy Esq., Id No.62695 Drmid G. SdudeL, Fad., ld. Ne. 62205 Mit~de M. Bradford, Esq., Id. Na 69849 ]edkh T. Romos, F84, Id. Na 58745 ShceW R SEisi6-J~, Faq, Id. Na 81760 Jenine R Davey, Etq., Id. Na 8707'1 Laareo R Ta6as. Esq., Id No. 9333'1 Viselc SrNastava, Esq., fd. Ns. ?47331 Jay B. Jaw, FBq•> Id. No. 866.57 Peter I. Malahy, Esq., GI. Ns. 61791 Andrew 4 Splvadr, Esq..ld. No.84439 ]arose McGuienas, Esq., td. No. 90134 Chrisasal~te P. PSakaa, Esq., Id. No. 94620 ]adoa L Co6')oso, Fsq., Id. Na.205047 Constmay R Dom, Esq..Id. No. 206719 Andrew C. Braobktt, Id. Nw 208375 Oae Pao Center at S Statlw 1617Ido A KeeaMy Blvd., She 1400 Phlladtlphia, PA 19103.1814 tzls~ 5637000 r . N e+~ }~ ~t-'~~ Q~ww ~~~w tQ., o 0 r~ ~z~~ ~ ~ 0 CU } f AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, NA PHS # 135463 DEFENDANT SERVICE TEAM/ kxc DANIEL J. TROUTMAN COURT NO.: 06-3072 TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD SERVE TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD AT: TYPE OF ACTION 320 MOUNT ALLEN DRIVE XX Notice of Sheriff s Sale MECHANICSBURG, PA 17055 SALE DATE: 12/08/2010 SERVED Served and made known to TRACY L. TROUTMAN ,Defendant on the 2~~'day of 7b(C ~/ , 2010 , at ' S7 ,o'clock ~. M., at 3~o A4?T. t,a.EN ~1 yE in the manner described below: Defendant personally served. ME~hfatct&/Q6~~, _~ Adult family member th whom Defendant(s) reside(s). Relationship is S $ D _ Adult in charge of Defendant'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 office or usual place of business. - ~ -~! an off cer of said Defendant's company. ~, - ~ ~: Other: - a -;_,-; Description: Age _~ Height ~ ~ ,• Weight ~Q_ Race W Sex /~ Other ~ 1, I~a~A-a/is /~~, a competent adult, being duly sworn accordin to law, de -o g pose and state that_i pe ~wqally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in~e capYroned ; ; case on the date and at the address indicated above. ~ ,~ - -G Sworn to and subsc 'bed before me 's ~ day of _~_ Ofa. Ca~'f ~r n /f No ,, ' ~ ./IV,G~,~.{/ 1~~ 'L~ NOT S VED On the day of , 20_, at _ o'clock _. M., Defendant NOT FOUND because: Vacant _ Bad Address _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at at _ Service Refused Other: Sworn to and subscribed o fore me this ~_ day By: Notary: ATTORNEY FOR PLAINTIFF Laweenae T. Phel~, P+O+ Id. Na 12277 Fnndc S. ~. PM+ rd. Na f2695 Da~del G. ~'8. ~4+Id. Na f2205 Mirlele M. Bndrord, Psq., id Na 19849 Jadrh T. Reoan0. Fq„ 6d. Na 38715 56eMal R Sre47ai, Psq., rd. Na 81760 Jere R Davey, Fsq., Id Nw 17077 Laura R Tabas, &1, Id. Na 93337 Vivdc Seirattav0. EsO., Id. Na 202:131 Jay B. Jaws, Fsq., id Na S6K7 Prier J. Malopy, Fsq., Id. Nw 61791 Andrew L Spiracle, Esq., ld. Na 84139 Jsiuw McGaianes, Esq, Id. Na 90134 CArisovalawe P. POakas, Esq., Id. Na 94620 Jad~aa L GoWnun, P+q+ Id. Na 205047 Cosrtlwq R Uase, Fsq., Id. Na 206779 Andrew G BrauddeY, Id. Na 208375 ~ IP~elwie F KawxW Sn~lau r Btia., sure 1100 P6iladelphi; PA 19103181/ 1215) 5637000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NA Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS V. DANIEL J. TROUTMAN TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD Defendant(s) CIVIL DIVISION No.: 06-3072 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH, OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party 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-lbe Affidavit and as amended if applicable. A,copy of the Certificate of Mailing ( or 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attch hep"eto Exhibit "A". 1,awrence T. Phelnrf, esq., Id. Ig-5-3-2-z-17 Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id, No. 69849 Judith T. Romano, Esq., Id. No, 58745 T; VShee 7 R. Shah-Jani, Esq., Id. No. 81760 R. Davey, Esq., Id. No. 87077 R, Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ?,Jay B. Jones, Esq., Id. No. 86657 @- :yf ? Peter J. Mulcahy, Esq., Id. No, 61791 i ? Andrew L, Spivack, Esq., Id, No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Flialcos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208:75 Attorney for Plaintiff Date: 11/05/2010 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It.mav 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. PHS # 135463 U r sue. aq c ? Q cl w u 'rJ t L. cV ? b y zdo p o ... ? o > " vs a , o. o N Lz. L V lU L 9003 JZ O J [ O C YY O 0311vvi oyoz ?o?nr - aszlizbooo ? ? ?° z o . s?nnoa a3NUa C - ? y ? Q N tl?A C? '' y ' q 0. ti :. ?? J:. . ?1JC?a77'V •y'?' D II Q+ 1 Y N ._ b °` N y a o ? Y a 2or G O"ry C ? °ccd ? g a U L ? N J ? al ? u ^J 4 O ? p Et, 4! N ? U 0 00 [? P Q 0 J O V, U O N O 'n C p O U O in ti p '? N G O r>r?. ? O En a.? C M ? ? ro c coil . .? g C. ;???EQ v M .. Q t y I ? u W 'N ? J y Hfai?r ? F? o ?F v o y ? H C6 y^ d ? ? w ? v.+ V7 4 ? 0 Rt O. ?r ? ,.y ? e7 A O y N f? u, O N ? i•.5 N d Q C .w w •o? ? ?a N Ga cC > L N 6 N ? ? N _? bD O tin O O W y,a ?, C O L M t..+ CI l•? M y. C .? O : O ++ .?+ 1'`• ,-} 4w D W [- VJ y ,M.} g N L >? "'' GYi L U'd n d Q E-+ U y C1 w ?kn ai v v] >, v S7 tJ5 p+ E.r +?- i1} > C ri ?, pd o i rA M1 ' '> o Z z Jx ca f? k. N L-, s. o r= y 03 ° o y 3 w c? L Y, ti o= y v ro cv > - s Q o, z • " ^ v L o o .c a Lei p" °-' ..n . L O S . ft w a. ° ++ cv o ? o oO. c ?O ; tti y _ y o cv " qq p A Q r> d U W •Q O . .? ' ? i 1, CC..v .. L L ? + A 'd y 3 L ; eC •% O ... C y k+ t-1 x. G GL7 v p E- ?° ar W c) a a z :. d M GC G 3 O d Q CO V 7iC .,? C fl Gi o 7 H tL. moo., w "' tC W 7 °? v Z C-+ M M A U •-} U U A P. x . r_ v] ?y w .r pr •?? r`7 tT4 N w U !? •. ?o IM W •r .+ p A F-i fsi C '?' 7" ?./ ;4 F +. . . al N ,D .41 ? -x N -k 3t -k -u ac v U_ y o T L L Si 0?J O ? N M t? M ? C? 00 T V ? ?' '? µ / G F ii 4' 9 j i i t t C E C a? °v ?Y ..cam ?c j t ml s r- r at / cz b T-m- m m a a m ti £066 6 3000 dIZ WONJ 0311VW . ` ' oWz winr sszccztooo OUTO $ M zo ?? . T?? ..?e y ? . ,V X C ) O C b 5-2 T M w _ O O'- C n3 ? - C N v i W E b y U y G Cl V O C C N N ? ? O P P . o rv o O i _. `"..P G?v N w O O N O.(%(.Q.. . i G w V O G 4t ... m 'J . fF" 0 'O H A ' k j y . ?,Y ?Wpl y e? u N O M r i ? 7 d Q w _ v i• ..? G O a `? a p ? w f ? ? ? d ? Z? r?w? a., Z Zr„wMa. Z ., w a ? Q ^ a a ? o z ? o oa4 ;z L w ? ? t g z F! 7 N f rr ,, P?l ?1 ss ,, N V w M rr ll W? My wL4uj r ? z o Op O' ?x go ?F+ 6>~w dDr [ , tx0ZwA QCjvi 9 4w z 2t: Q d°d U..U d C?d UUw?U naa 7 a-pow ?UF w Oa tUF , N ,o ? # .k - # k '- # k . # k is k # # -% 'k - # k a( it - ? % it -k - -k • t • k k ?k k -k •k iJ •k U - k ? c . k . k - ' k - k • X - k k 'k' - is - k K •k it x • * - k k • k •k •k '?. P O D N `O A W C '• "' N M ' cY V1 b [ -? 0 0 O? ? "" N M ' cT' t I) 7 .a z SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICE Sheriff f? THE PRCTHOPiOTARY ?,,tii" qt V rr3?1? Jody S Smith Chief Deputy #f ?? AMID: 39 i Richard W Stewart C!MBEALAND COUNTY Solicitor F rr PENMSYLIAINIA Wells Fargo Bank, N.A. vs. Case Number Daniel J Troutman (et al.) 2006-3072 SHERIFF'S RETURN OF SERVICE 10/15/2010 04:20 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 10-15-10 at 1620 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Daniel J. & Tracy L. Troutman, located at, 320 Mount Allen Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law. 10/15/2010 06:28 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 10-15-10 at 1828 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Daniel J. Troutman, by making known unto, Daniel J. Troutman, personally, at, 320 Mount Allen Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 10/15/2010 06:28 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 10-15-10 at 1828 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Tracy L. Troutman, by making known unto, Daniel J. Troutman, husband of defendant, at, 320 Mount Allen Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 12/06/2010 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 2/2/2011 01/28/2011 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/6/2011 04/04/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney Schmieg on 4/4/11. SHERIFF COST: $685.75 April 07, 2011 SO ANSWERS, 2 RON R ANDERSON, SHERIFF c 8/34? (c} Countysuite sheriff. Teieo.=.oftt Inc. WELLS FAJZGO BANK, NA L'lairstiff' V. DANIEL J. TROUTMAN TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-3072 CUMBERLAND COUNTY PHS # 135463 AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, NA, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 320 MOUNT ALLEN DRIVE, MECHANICSBURG, PA 17055. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) DANIEL J. TROUTMAN TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 320 MOUNT ALLEN DRIVE MECHANICSBURG, PA 17055 320 MOUNT ALLEN DRIVE MECHANICSBURG, PA 17055 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) CAPITOL CITY OIL 1600 HUMMEL AVENUE CAMP HILL, PA 17011 CAPITOL CITY OIL 5 CAMPBELL PLACE C/O BRIAN C. CAFFREY, ESQUIRE CAMP HILL, PA 17011 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055 UPPER ALLEN TOWNSHIP C/O LOUIS FAZEKAS, TOWNSHIP MANAGER 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055 UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE C/O RICHARD S. LASKEY, MECHANICSBURG, PA 17055 TOWNSHIP MANAGER 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 AAA-- :C ss (iaddress 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,a&.cted by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 320 MOUNT ALLEN DRIVE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 6`h Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 13TH Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. June 25, 2010 By: ? Attmey for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 WELLS FARGO BANK, NA : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. : NO. 06-3072 DANIEL J. TROUTMAN : CUMBERLAND COUNTY TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DANIEL J. TROUTMAN TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD 320 MOUNT ALLEN DRIVE MECHANICSBURG, PA 17055 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, 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 320 MOUNT ALLEN DRIVE, MECHANICSBURG, PA 17055 is scheduled to be sold at the Sheriff's Sale on 12/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $98,279.55 obtained by WELLS FARGO BANK, NA (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 Sheriff's Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the 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 215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 06-3072 WELLS FARGO BANK, NA vs. DANIEL J. TROUTMAN TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD owner(s) of property situate in UPPER ALLEN TOWNSHIP, Cumberland Coun (Municipality) ty, Pennsylvania, being (Acreage or street address) Parcel No. 42-28-2423-014 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $98,279.55 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof, dated March 18, 1963, as prepared by D.P. Raffensperger Surveyor, Camp Hill, Pennsylvania, as follows: BEGINNING at a point in the center of Mt. Allen Drive, said point being one hundred twenty-five (125) feet in a northerly direction from the intersection of the center line of Mt. Allen Drive with the side line of Nittany Road, said point being also on the northern line of Lot No. 9 on the hereinafter mentioned plan of Lots: thence along the northern line of Lot No. 9, South eighty-one (81) degrees forty-five (45) minutes West one hundred fifty (150) feet to a point; thence North eight (08) degrees fifteen (15) minutes West one hundred (100) feet to a point on the southern line of Lot No. 7; thence along the southern line of Lot No. 7 North eighty- one (81) degrees forty-five (45) minutes East one hundred fifty (150) feet to a point on the center line of Mt. Allen Drive; South eight (08) degrees fifteen (15) minutes East one hundred (100) feet to a point; the place of BEGINNING. BEING LOT NO. 8, Section "B", Plan of Mt. Allen Heights, recorded in Plan Book "3", Page 46. UNDER and SUBJECT to restrictions and conditions as now appear of record. TITLE TO SAID PREMISES IS VESTED IN Daniel Troutman and Tracy Troutman, husband and wife, by Deed from Eugene R. Arnold, Sr. and Margaret A. Arnold, husband and wife, dated 10/14/2004, recorded 11/08/2004, in Deed Book 266, page 652. PREMISES BEING: 320 MOUNT ALLEN DRIVE, MECHANICSBURG, PA 17055 PARCEL NO. 42-28-2423-014 • WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-3072 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, NA, Plaintiff (s) From DANIEL J. TROUTMAN TRACY L. TROUTMAN a/k/a TRACY L. ARNOLD (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $98,279.55 L.L. Interest from 7/26/06 to Date of Sale ($16.16 per diem) -- $25,807.52 Atty's Comm % Due Prothy $2.00 Atty Paid $2,392.84 Other Costs Plaintiff Paid Date: 6/30/10 D. Buell Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: COURTENAY R. DUNN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 206779 On September 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA, Known and numbered as, 320 Mount Allen Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 By: Real Estate Coordinator I 1 The, Patriot-News Co.. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 Z4ePahiot-News Now you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 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 Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printec' and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY 2006-3072 Civil Term Wells Fargo Bank, N.A. Vs Daniel J Troutman Tracy L Troutman Atty: Daniel Schmieg By virtue of a Writ of Execution N0.06-3072 WELLS FARGO BANK, NA VS. DANIEL J. TROUTMAN TRACY L. TROUTMAN A/K(A TRACY L. ARNOLD owner(s) of property situate in UPPER ALLEN TOWNSHIP, (Municipality) Cumberland County, Pennsylvania, being 320 MOUNT ALLEN DRIVE, MECHANICSBURG, PA 17055 (Acreage or street address) Parcel No. 42-28-2423-014 ImprovMents thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $98,279.55 This ad ran on the date(s) shown below: u Lp ?. )m to/p4cr ibe bef e nee tbfs 10 0ly c?YNovember, 2010 A.D. N Wary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L KWaw, Notary Public Lower Paxton Twp., Dauphin County I My Commission Expires Nov. 26, 2011 Member pennsOvania Association of Notaries 10/15/10 10/22/10 10/29110 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 22, October 29, and November 5, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Lisa Marie Covni, Editor SWORN TO AND SUBSCRIBED before me this 5 da of November, 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2006-8072 civil Wells Fargo Bank, N.A. vs. Daniel J. Troutman Tracy L. Troutman Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 06-3072, WELLS FARGO BANK, NA vs. DANIEL J. TROUTMAN, TRACY L. TROUTMAN A/K/A TRACY L. ARNOLD, owners of property situate in UPPER ALLEN TOWNSHIP, Cumberland County, Pennsylvania, being 320 MOUNT ALLEN DRIVE, MECHANICSBURG, PA 17055. Parcel No. 42-28-2423-014. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $98,279- .55. 124