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HomeMy WebLinkAbout06-3524PHELAN 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 136186 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 V. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CL -3VY 06Ut-Mun CUMBERLAND COUNTY ROY W.BLOOR A/K/A ROY WILLIAM BLOOR JILL R. BLOOR A/K/A JILL R. KESTNER 6 BRIAR LANE CAMPHILL, PA 17011 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File k: 136196 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 136186 Plaintiff is WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: ROY W.BLOOR A/K/A ROY WILLIAM BLOOR JILL R. BLOOR A/K/A JILL R. KESTNER 6 BRIAR LANE CAMPHILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 06/17/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.AS A NOMINEE FOR SUPERIOR HOME MORTGAGE CORP which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1870, Page: 1540. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File N: 136186 6. The following amounts are due on the mortgage: Principal Balance $123,488.45 Interest 4,398.12 11/01/2005 through 06/16/2006 (Per Diem $19.29) Attorney's Fees 1,250.00 Cumulative Late Charges 103.89 06/17/2004 to 06/16/2006 Cost of Suit and Title Search $ 550.00 Subtotal $ 129,790.46 Escrow Credit 6.72 Deficit 0.00 Subtotal $- 6.72 TOTAL $ 129,783.74 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 129,783.74, together with interest from 06/16/2006 at the rate of $19.29 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP ?? By: /s/F antis S. Hallinan-'6 LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File N: 136186 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Southerly line of Briar Lane, which point is 190 feet West of the Southwesterly comer of Briar Lane and Neponsit Lane at dividing line between Lots Nos. 17 and 18, Block'F', on the hereinafter mentioned plan of Lots; THENCE, along said dividing line South 34 degrees 40 minutes East 188.8 feet to a point; THENCE, along the Northerly line of Lots Nos. 9 and 10 Block V, on said plan South 69 degrees 32 minutes West 82.52 feet to a point at dividing line between Lots Nos. 16 and 17, Block'F', on said plan, THENCE, along said dividing line North 34 degrees 40 minutes West 168.56 feet to a point on the Southerly line of Briar Lane aforesaid; THENCE, along same North 55 degrees 20 minutes East 80 feet to a point the place of BEGINNING. BEING premises known as 6 Briar Lane BEING Lot No. 17, Block 'F, Plan of Country and Town Homes, Inc., which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 7, Page 41. BEING the same premises which Dominic L. Mancuso and Gizella M. Mancuso, husband and wife, by Dominic L. Mancuso, her Agent, by Deed dated August 16, 2001 and recorded August 23, 2001 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 248, Page 366, granted and conveyed unto Dominic L. Mancuso, in fee. File #: 136186 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel . The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. Qo ??I?O DATE: FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff UUl } f- ra r7 _n Ln I-D T Ut ,r 7"' PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 V. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-3524 CIVIL TERM ROY W. BLOOR A/K/A ROY WILLIAM BLOOR JILL R. BLOOR A/K/A JILL R. KESTNER Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against ROY W. BLOOR A/K/A ROY WILLIAM BLOOR and JILL R. BLOOR A/K/A JILL R_KESTNER 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 6/17/06 to 7/31/06 TOTAL $129,783.74 $868.05 $130,651.79 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: aDob PRO OTHY YHELAN HALLINAN & SCHMIEG, L.L.P. By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY ROY W. BLOOR AIK/A ROY WILLIAM BLOOR JILL R. BLOOR A/K/A JILL R. KESTNER :NO. 06-3524 CIVIL TERM Defendants TO: ROY W. BLOOR A/K/A ROY WILLIAM BLOOR 6 BRIAR LANE FILE COPY CAMP HILL, PA 17011 DATE OF NOTICE: JULY 18.2006 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: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 215) 563-7000 _ WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS Plaintiff Vs. ROY W. BLOOR A/K/A ROY WILLIAM BLOOR JILL R. BLOOR A/K/A JILL R. KESTNER Defendants CUMBERLAND COUNTY NO. 06-3524 CIVIL TERM TO: ALL R. BLOOR A/K/A JILL & KESTNER 6 BRIAR LANE CAMP HILL, PA 17011 DATE OF NOTICE: JULY 18. 2006 FILE COPY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 CIVIL DIVISION FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. v. Plaintiff, ROY W. BLOOR A/K/A ROY WILLIAM BLOOR JILL R. BLOOR A/K/A JILL R. KESTNER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-3524 CIVIL TERM 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 ROY W. BLOOR A/K/A ROY WILLIAM BLOOR is over 18 years of age and resides at, 6 BRIAR LANE, CAMP HILL, PA 17011. (c) that defendant JILL R. BLOOR A/K/A JILL R. KESTNER is over 18 years of age, and resides at, 6 BRIAR LANE, CAMP HILL, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. All DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff r ( C _I } r T (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WELLS FARGO BANK, N.A. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. NO. 06-3524 CIVIL TERM ROY W. BLOOR A/K/A ROY WILLIAM BLOOR JILL R. BLOOR A/K/A JILL R. KESTNER Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 By: LI If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK, N.A. Plaintiff, V. No. 06-3524 CIVIL TERM ROY W. BLOOR A/K/A ROY WILLIAM BLOOR JILL R. BLOOR A/K/A JILL R. KESTNER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $130,651.79 Interest from 7/31/06 to DECEMBER 6, 2006 $2,749.44 and Costs (per diem -$21.48) TOTAL $133,401.23 aa4uj Lf. h--)AM9'jQ) DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. o? o N od ?? v a d as a ? ate' 3? p ? O 7 eC '? p?, ao o ? ?a ar a x? a ?v cr , clz 4 4 `? J, j w w 4 v r oa Cl p G as as d w n ? v WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-3524 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 ROY W. BLOOR A/KA ROY WILLIAM BLOOR AND JILL R. BLOOR A/K/A JILL R. KESTNER (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 $130,651.79 L.L. $.50 Interest FROM 7/31/06 TO 12/6/06 (PER DIEM - $21.48) - $2,749.44 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $140.08 Other Costs Plaintiff Paid Date: AUGUST 9, 2006 CURTIS R. LONG Prothonota (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 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. ROY W. BLOOR A/K/A ROY WILLIAM BLOOR JILL R. BLOOR A/K/A JILL R. KESTNER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-3524 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. zq,??J P, A 461 ' DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff am, 0 C= -n e? C7? sr ? ? Ot WELLS FARGO BANK, N.A. CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS ROY W. BLOOR A/K/A ROY WILLIAM BLOOR CIVIL DIVISION JILL R. BLOOR A/K/A JILL R. KESTNER NO. 06-3524 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WELLS FARGO BANK, N.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,6 BRIAR LANE, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ROY W. BLOOR A/K/A ROY WILLIAM BLOOR JILL R. BLOOR A/K/A JILL R. KESTNER 6 BRIAR LANE CAMP HILL, PA 17011 6 BRIAR LANE CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None t • Ik 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 6 BRIAR LANE CAMP HILL, PA 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania PO Box 2675 Department of Welfare 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 31, 2006 DATE a4)-a01.aJ DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff W* Z?l WELLS FARGO BANK, N.A. Plaintiff, V. ROY W. BLOOR A/K/A ROY WILLIAM BLOOR JILL R. BLOOR A/K/A JILL R. KESTNER Defendant(s). TO: ROY W. BLOOR July 31, 2006 A/KJA ROY WILLIAM BLOOR 6 BRIAR LANE CAMP HILL, PA 17011 CUMBERLAND COUNTY No. 06-3524 CIVIL TERM JILL R. BLOOR A/K/A JILL R. KESTNER 6 BRIAR LANE CAMP HILL, PA 17011 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIENAGAINST PROPERTY." Your house (real estate) at, 6 BRIAR LANE, CAMP HILL, PA 17011, 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 $130,651.79 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 Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. 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 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Southerly line of Briar Lane, which point is 190 feet West of the Southwesterly corner of Briar Lane and Neponsit Lane at dividing line between Lots Nos. 17 and 18, Block "F", on the hereinafter mentioned plan of Lots; THENCE, along said dividing line South 34 degrees 40 minutes East 188.8 feet to a point; THENCE, along the Northerly line of Lots Nos. 9 and 10 Block "F", on said plan South 69 degrees 32 minutes West 82.52 feet to a point at dividing line between Lots Nos. 16 and 17, Block "F", on said plan, THENCE, along said dividing line North 34 degrees 40 minutes West 168.56 feet to a point on the Southerly line of Briar Lane aforesaid; THENCE, along same North 55 degrees 20 minutes East 80 feet to a point the place of BEGINNING. BEING premises known as #6 Briar Lane. BEING Lot No. 17, Block "F", Plan of Country and Town Homes, Inc., which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 7, Page 41. BEING the same premises which Dominic L. Mancuso and Gizella M. Mancuso, husband and wife, by Dominic L. Mancuso, her Agent, by Deed dated August 16, 2001 and recorded August 23, 2001 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 248, Page 366, granted and conveyed unto Dominic L. Mancuso, in fee. CONTROL #: 13004598 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Roy W. Bloor and Jill R. Bloor, husband and wife, by Deed from Donna M. Kumpf, Executrix for the Estate of Dominic L. Mancuso, dated 06/17/2004, recorded 06/21/2004, in Deed Book 263, page 3170. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Dominic L. Mancuso, by Deed from Dominic L. Mancuso and Gizella M. Mancuso, by Dominic L. Mancuso, her Agent, specially constituted by Durable Power of Attorney dated October 18, 1996, dated 08/16/2001, recorded 08/23/2001, in Deed Book 248, page 306. PARCEL IDENTIFICATION NO: 13-25-0022-222 PREMISES BEING: 6 BRIAR LANE, CAMP HILL, PA 17011 C7 C= C ?- .. c.-) M -Tl c:v ! CASE NO: 2006-03524 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS BLOOR ROY W ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BLOOR ROY W AKA ROY WILLIAM BLOOR the DEFENDANT , at 1522:00 HOURS, on the 26th day of June , 2006 at 6 BRIAR LANE CAMP HILL. PA 17011 by handing to ROY W BLOOR a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 14.08 .00 10.00 R. Thomas Kline .00 42.08 06/27/2006 PHELAN HALLINAN SCHMIEG By: 4-- V -//" - -, day Deputy eriff A.D. SHERIFF'S RETURN - REGULAR 1+ ' CASE NO: 2006-03524 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS BLOOR ROY W ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BLOOR JILL R A/K/A JILL R KESTNER the DEFENDANT at 6 BRIAR LANE , at 1522:00 HOURS, on the 26th day of June , 2006 CAMP HILL, PA 17011 by handing to ROY W BLOOR, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00?-r.. Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 06/27/2006 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: /????? i,: before me this day Deputy Sheriff of A.D. ? AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF WELLS FARGO BANK, N.A. /LLD DEFENDANT(S) ROY W. BLOOR A/K/A ROY WILLIAM BLOOR No. 06-3524 CIVIL TERM JILL R. BLOOR A/K/A JILL R. KESTNER ACCT. #0194327466 SERVE: ROY W. BLOOR A/K/A ROY WILLIAM BLOOR 6 BRIAR LANE Type of Action CAMP HILL, PA 17011 - Notice of Sheriffs Sale Sale Date: 12/6/06 r? SERVED Served and made known to Defendant, on the f tS? day of L-c 7', 200,a at o'clock in., at O(tr' )q/t C Commonwealth • %3\ - of Pennsylvania, in the manner described below: efendant personally served. , Adult family member with whom Defendant(s) reside(s). Name and Relationship is L_A /t e 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 311 -'0 Height V'7'/ Weight j LQ Race k,,' Sex F' Other I, GLIk `d 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. Swo to and su r&V M is T11 - 200_E7 Nota '- ? B ? CV.C' L 1• A ERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. L NOT SERVED Commission Expires June 16, 2009 On the day of , 200_, at o'clock _.in., Defendant NOT FOUND because: Moved _ Unknown No Answer 15t Attempt: Time: Vacant 2nd Attempt: / ! Time: 3rd Attempt: I / Time: Sworn to and subscribed before me this day of ,200 Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF • WELLS FARGO BANK, N.A. j ]LLD DEFENDANT(S) ROY W. BLOOR A/K/A ROY WILLIAM BLOOR No. 06-3524 CIVIL TERM JILL R. BLOOR A/K/A JILL R. KESTNER ACCT. #0194327466 SERVE: JILL R. BLOOR A/K/A JILL R. KESTNER 6 BRIAR LANE Type of Action CAMP HILL, PA 17011 - Notice of Sheriffs Sale Sale Date: 12/6/06 --?- I SERVED Served and made known to J t (r Q ?o o r . Defendant, on the day of 4u0 ?c S f ,200L at 1• ? - , o'clock f.m., at 6 PC j 4r lp A e 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 ?o- Height S 17 k Weight ('30 Race 0-/ Sex F Other l, h Q u .6 06 iO 0--f S , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice 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. 3y: LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. 4 ? : i .?C: Y PFe, :'r ,,.i?RIS C,Onrcliasion crpi esdafefl6. 2008 , 200_, a Moved Unknown No Answer 1St Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of , 200 _. Notary: Attorney for Plaintiff Daniel C. Schumieg, Esquire I.D. No. 62205 By: NOT SERVED o'clock _.m., Defendant NOT FOUND because: Vacant 2°d Attempt: Time: . 17 a c? r{ ?) ?JJ ._'? .. C1 SALE DATE: MARCH 7, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WELLS FARGO BANK, N.A. No.: 06-3524 CIVIL TERM VS. ROY W. BLOOR A/K/A ROY WILLIAM BLOOR JILL R. BLOOR A/K/A JILL R. KESTNER 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: 6 BRIAR LANE, CAMP HILL, PA 17011. 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. %?JIAC?? DANIEL SCHMIEG, ESQUIRE Attorney for Plaintiff January 25, 2007 R in A W N - O '0 00 J U A W N 9t > ? R m z c Q m 1 jj} ?jy ? o ? o ? o ?gy 5 {S ??' O o e i 'd oa o t 0 u ? lZ a s C1 O x ? n w « ? r zs ? ., US a x r Q A d ? V p yf? ? j Lot e 13?? C/1 l? V1 6fr S "' ^' 9 ° ? g} ° v O to w OWN g G p ?' Y b4Y6 ?? RTN 4 e $ ? // ?? ` 02 1M V1.ttJ50 S 000421801.0 AUO06 2006 MAILED FROM ZIP CODE 1910 3 R e o ?a? a =? a ?b O0 O J 9x? eY ?j O.?JJ C 00 ? 0' 41 a? r i? ?g b >o 44 y" H ti t 00 d ON to ? it w "v w sills, $Ot v. g A -T- w I O>z O. d ?d T 0 ly o01.0 Ito All o b bbiiy"? N ° n ? '? 'd ?O O n y ? QH? o. v ? ~ R w? ? y z . I ?.rorml movie ' `w _ . ' 02 1M $ 00.959 00 4218010 •• NDV07 2006 MAIUEDFROM Z'CODE 19103 ir -- 7 C ? ? ? __. __ {{ ??. .?.. ra? r ? `ii ?. - # ?? ,- ?- _.,y ti t'`.) .? t . '"? Wells Fargo Bank, N.A. VS Roy w. Bloor a/k/a Roy William Bloor and Jill R. Bloor a/k/a Jill R. Kestner In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-3524 Civil Term 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 21.20 Posting Handbills 15.00 Mileage 21.12 Certified Mail 5.14 Law Journal 503.00 Patriot News 387.98 Postpone Sale 20.00 Law Library .50 Prothonotary 1.00 Advertising 15.00 Levy 15.00 Share of Bills 15.94 Surcharge 30.00 $1,080.88 So Answers- R. Thomas Kline, Sheriff BY 16 Real Estate ergeant ? 3Ia4loI 9?- 1,[.'& S 7 ga! WELL'S FARGO BANK, N.A. CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS ROY W. BLOOR A/K/A ROY WILLIAM BLOOR CIVIL DIVISION JILL R. BLOOR A/K/A JILL R. KESTNER NO. 06-3524 CIVIL TERM Defendant(s). . AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WELLS FARGO BANK, N.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,6 BRIAR LANE, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ROY W. BLOOR A/K/A ROY WILLIAM BLOOR JILL R. BLOOR A/K/A JILL R. KESTNER 6 BRIAR LANE CAMP HILL, PA 17011 6 BRIAR LANE CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 6 BRIAR LANE CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. July 31, 2006 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff WELLS FARGO BANK, N.A. Plaintiff, V. ROY W. BLOOR A/K/A ROY WILLIAM BLOOR JILL R. BLOOR A/K/A JILL R. KESTNER Defendant(s). CUMBERLAND COUNTY No. 06-3524 CIVIL TERM July 31, 2006 TO: ROY W. BLOOR A/K/A ROY WILLIAM BLOOR 6 BRIAR LANE CAMP HILL, PA 17011 JILL R. BLOOR A/K/A JILL R. KESTNER 6 BRIAR LANE CAMP HILL, PA 17011 "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 A LIENAGAINST PROPERTY." Your house (real estate) at, 6 BRIAR LANE, CAMP HILL, PA 17011, 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 $130,651.79 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. 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 Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Southerly line of Briar Lane, which point is 190 feet West of the Southwesterly corner of Briar Lane and Neponsit Lane at dividing line between Lots Nos. 17 and 18, Block "F", on the hereinafter mentioned plan of Lots; THENCE, along said dividing line South 34 degrees 40 minutes East 188.8 feet to a point; THENCE, along the Northerly line of Lots Nos. 9 and 10 Block "F", on said plan South 69 degrees 32 minutes West 82.52 feet to a point at dividing line between Lots Nos. 16 and 17, Block "F", on said plan, THENCE, along said dividing line North 34 degrees 40 minutes West 168.56 feet to a point on the Southerly line of Briar Lane aforesaid; THENCE, along same North 55 degrees 20 minutes East 80 feet to a point the place of BEGINNING. BEING premises known as #6 Briar Lane. BEING Lot No. 17, Block "F", Plan of Country and Town Homes, Inc., which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 7, Page 41. BEING the same premises which Dominic L. Mancuso and Gizella M. Mancuso, husband and wife, by Dominic L. Mancuso, her Agent, by Deed dated August 16, 2001 and recorded August 23, 2001 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 248, Page 366, granted and conveyed unto Dominic L. Mancuso, in fee. CONTROL #: 13004598 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Roy W. Bloor and Jill R. Bloor, husband and wife, by Deed from Donna M. Kumpf, Executrix for the Estate of Dominic L. Mancuso, dated 06/17/2004, recorded 06/21/2004, in Deed Book 263, page 3170. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Dominic L. Mancuso, by Deed from Dominic L. Mancuso and Gizella M. Mancuso, by Dominic L. Mancuso, her Agent, specially constituted by Durable Power of Attorney dated October 18, 1996, dated 08/16/2001, recorded 08/23/2001, in Deed Book 248, page 306. PARCEL IDENTIFICATION NO: 13-25-0022-222 PREMISES BEING: 6 BRIAR LANE, CAMP HILL, PA 17011 • WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-3524 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 ROY W. BLOOR A/KA ROY WILLIAM BLOOR AND JILL R. BLOOR A/K/A JILL R. KESTNER (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 $130,651.79 L.L. $.50 Interest FROM 7/31/06 TO 12/6/06 (PER DIEM - $21.48) -- $2,749.44 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $140.08 Other Costs Plaintiff Paid Date: AUGUST 9, 2006 CURTIS R. LONG :mProthonot (Seal) 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 C;M ?"'tn7 GE) OR Real Estate Sale # 04 On August 17, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 6 Briar Lane, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 17, 2006 By: d &q snjl-? Real Estate Sergeant S £ :b d h I ON 9001 .?i i3?rS 1 _'0 _l l.??(' i 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 SALE #4 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Terry L. Russell, Notary Public CiWmardsbu auphin County es June 6, 2010 tubesociation of Notaries NOT PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 b this 15th day of November 2006 A.D. r me in 170# PA '?# ilii ya WAWA A L 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. Lis Marie Coyne, Edito SWORN TO AND SUBSCRIBED before me this 3 day of November, 2006 NMMM SEN. V LOIS E. SNYDER, Notary Pubic Carkle Som, Cimftdw4 C=* My Commission Expires March S, 2009 REAL ESTATE SALE NO. 4 Writ No. 2006-3524 Civil Wells Fargo Bank, N.A. VS. Roy W. Bloor a/k/a Roy William Bloor and Jill R- Bloor a/k/a Jill R. Kestner Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract or par- cel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Southerly line of Briar Lane, which point is 190 feet West of the South- westerly corner of Briar Lane and Neponsit Lane at dividing line be- tween Lots Nos. 17 and I.S. Block "F", on the hereinafter mentioned plan of Lots; THENCE, along dividing line South 34 degrees 40 minutes East 188.8 feet to a point; THENCE, along the Northerly line of Lots Nos. 9 and 10 Block "F", on said plan South 69 degrees 32 min- utes west 82.52 feet to a point at dividing line between Lots Nos. 16 and 17, Block "F", on said plan, THENCE, along said dividing line North 34 degrees 40 minutes West 168.56 feet to a point on the South- erly line of Briar Lane e aforesaid; de- grees along same 20 minutes East 80 feet to a point the place of BEGINNING. BEING premises known as #6 Briar Lane. BEING Lot No. 17, Block "F", Plan of Country and Town Homes, Inc., which Plan is recorded in the Of- fice of the Recorder of Deeds in and for Cumberland County, Pennsylva- nia, in Deed Book 7, Page 41. BEING the same premises which Dominic L. Mancuso and Gizella M. Mancuso, husband and wife, by Dominic L. Mancuso, her Agent, by Deed dated August 16, 2001 and recorded August 23, 2001 in the Office of the Recorder of Deeds in and for Cumberland County, Penn- sylvania in Deed Book 248, Page 366, granted and conveyed unto Dominic L. Mancuso, in fee. CONTROL #: 13004598 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Roy W. Bloor and Jill R. Bloor, husband and wife, by Deed from Donna M. Kumpf, Ex- ecutrix for the Estate of Dominic L. Mancuso, dated 06/17/2004, re- corded 06/21/2004, in Deed Book 263, page 3170. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Dominic L. Mancuso, by Deed from Dominic L. Mancuso and Gizella M. Mancuso, by Dominic L. Mancuso, her Agent, specially constituted by Durable Power of Attorney dated October 18, 1996, dated 08/16/2001, recorded 08/ 23/2001, in Deed Book 248, page 306. PARCEL IDENTIFICATION NO: 13-25-0022-222. PREMISES BEING: 6 BRIAR LANE, CAMP HILL, PA 17011.