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HomeMy WebLinkAbout06-4141PHELAN 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 137711 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. Q(, - 4 17/ (nnJUt CT?R ? CUMBERLAND COUNTY ALFRED J. MCCLINTOCK, JR. DENISE A. MCCLINTOCK AWA DENISE TRAVIS 5254 TERRACE ROAD MECHANICSBURG, PA 17050 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 N: 137711 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 #: 137711 1. Plaintiff is WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: ALFRED J. MCCLINTOCK, JR. DENISE A. MCCLINTOCK A/K/A DENISE TRAVIS 5254 TERRACE ROAD MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 01/24/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR SIB MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1748, Page: 1313. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2006 and each month thereafter are due and unpaid, and by the terns 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 k 137711 6. The following amounts are due on the mortgage: Principal Balance $102,321.11 Interest 3,293.81 02/01/2006 through 07/19/2006 (Per Diem $19.49) Attorney's Fees 1,250.00 Cumulative Late Charges 0.00 01/24/2002 to 07/19/2006 Cost of Suit and Title Search 550.00 Subtotal $ 107,414.92 Escrow Credit -560.77 Deficit 0.00 Subtotal 560.77 TOTAL $ 106,854.15 8. 9 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 106,854.15, together with interest from 07/19/2006 at the rate of $19.49 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. & SCHMIE P By: LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File H: 137711 LEGAL DESCRIPTION ALL those two lots or tracts of ground situate in Hampden Township, Cumberland County, Pennsylvania, as shown on the Plan of'Good Hope Terrace', recorded in the Recorder's Office of Cumberland County in Plan Book 4, Page 48, and more particularly bounded and described as follows, to wit: TRACT NO. 1 BEGINNING on the western line of a private road, known as Terrace Road, 200 feet South of a steel pin, which pin is on the northern line of said Plan; thence South along the western line of said Terrace Road, 100 feet to a point; thence West 150 feet to a point; thence North 100 feet to a point, which point is due West from the point of beginning; thence East 150 feet to the point of BEGINNING. BEING Lot No. 103 on the aforementioned Subdivision Plan. BEING the same premises which Ray E. Steward and Iva A. Steward, husband and wife, by their deed dated June 4, 1955 and recorded in Cumberland County Deed Book N, Volume 16, Page 97, granted and conveyed unto Robert W. Kraly and Mildred C. Kraly, husband and wife, Grantors herein. TRACT NO. 2 BEGINNING on the western line of Terrace Road, 300 feet South of a steel pin, which pin is on the northern line of said Plan; thence South along the western line of said Terrace Road, 100 feet to a point; thence West 150 feet to a point; thence North 100 feet to a point, which point is due West from the point of beginning; thence East 150 feet to the point of BEGINNING. BEING Lot No. 104 on the aforementioned Subdivision Plan. BEING the same premises which Ray E. Steward and Laura M. Steward, husband and wife, by their deed dated June 6, 1969 and recorded in Cumberland County Deed Book R, Volume 24, Page 286, granted and conveyed unto Robert W. Kraly and Mildred C. Kraly, husband and wife, Grantors herein. PREMISES: 5254 TERRACE ROAD File #: 137711 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. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. -;, 1-&. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ? I q I ?'- U _ 100 SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-04141 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS MCCLINTOCK ALFRED J JR ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MCCLINTOCK ALFRED J JR but was unable to locate Her in his bailiwick. He therefore returns the OnMDT.ATAT7 - MnOrP VnDV the within named DEFENDANT 5254 TERRACE ROAD NOT FOUND , as to MCCLINTOCK ALFRED J JR MECHANICSBURG, PA 17050 PER DENISE, ALFRED DOES NOT LIVE AT 5254 TERRACE ROAD. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 10.56 5.00 10.00 -x ..7 . ?.) v v C?,,,, 91-r 166 Sworn and Subscribed to before me this day of So answers: - R. Thomas - Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 08/07/2006 A. D. SHERIFF'S RETURN - NOT SERVED CASE NO: 2006-04141 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS MCCLINTOCK ALFRED J JR ET AL R. Thomas Kline , Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: MCCLINTOCK ALFRED J JR unable to locate Him in his bailiwick COMPLAINT - MORT FORE but was He therefore returns the NOT SERVED , as to the within named DEFENDANT MCCLINTOCK ALFRED J JR 513 SAMPLE ROADAD APT R ENOLA, PA 17025 PER DENISE. 513 SAMPLE ROAD IS ALFRED'S MOTHER'S ADDRESS AND HE DOES NOT LIVE THERE. Sheriff's Costs: So answers Docketing 6.00 ,-- Service .00 9 Affidavit .00 R. Thomas Kli?re Surcharge 10.00 Sheriff of Cumberland County .00 16.00,/ PHELAN HALLINAN SCHMIEG ( 9'as,bL 08/07/2006 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT SERVED CASE NO: 2006-04141 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS MCCLINTOCK ALFRED J JR ET AL R. Thomas Kline , Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: MCCLINTOCK DENISE A A/K/A DENISE TRAVIS but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT SERVED , as to the within named DEFENDANT , MCCLINTOCK DENISE A A/K/A DENISE TRAVIS 513 SAMPLE ROAD APT R ENOLA, PA 17025 DENISE WAS SERVED AT 5254 TERRACE ROAD MECHANICSBURG. Sheriff's Costs: So answers: -- fJ? Docketing 6.00 -'".---- Service .00 Affidavit .00 R. Thomas Kli Surcharge 10.00 Sheriff of Cumberland County .00 16.00,/ PHELAN HALLINAN SCHMIEG 08/07/2006 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - NOT SERVED CASE NO: 2006-04141 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS MCCLINTOCK ALFRED J JR ET AL R. Thomas Kline , Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: MCCLINTOCK ALFRED J JR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT SERVED , as to the within named DEFENDANT MCCLINTOCK ALFRED J JR 6 OAKWOOD COURT CAMP HILL, PA 17011 DENISE HAS NO IDEA WHERE THIS ADDRESS CAME FROM. ALFRED LIVES IN YORK AND WORKS AT PENN WASTE IN YORK. Sheriff's Costs: So answers: Docketing 6.00 Service .00 Affidavit .00 `R. 'Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 16.00 ? PHELAN HALLINAN SCHMIEG 08/07/2006 9/adJo? jL. Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT SERVED CASE NO: 2006-04141 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS MCCLINTOCK ALFRED J JR ET AL R. Thomas Kline , Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: MCCLINTOCK DENISE A A/K/A DENISE TRAVIS but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT SERVED , as to the within named DEFENDANT , MCCLINTOCK DENISE A A/K/A DENISE TRAVIS 6 OAKWOOD COURT CAMP HILL, PA 17011 DENISE WAS SERVED AT 5254 TERRACE ROAD MECHANICSBURG Sheriff's Costs: So answers- Docketing 6 . 00 Service .00 - Affidavit .00 Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 ?16. 0 PHELAN HALLINAN SCHMIEG 08/07/2006 Sworn and Subscribed !to before me this day of , A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-04141 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS MCCLINTOCK ALFRED J JR ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MCCLINTOCK DENISE A A/K/A DENISE TRAVIS the DEFENDANT , at 1955:00 HOURS, on the 26th day of July 2006 at 5254 TERRACE ROAD MECHANICSBURG, PA 17050 DENISE MCCLINTOCK 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 6.00 Service .00 ?P? Affidavit .00 f ???lll Surcharge 10.00 R. Thomas Kline .00 16.00,/ 08/07/2006 4hs'14 4- PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D. PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION vs. : CUMBERLAND County ALFRED J. MCCLINTOCK No. 06-4141 DENISE A. MCCLINTOCK A/K/A DENISE TRAVIS Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN & SCHMIEG, LLP By: F NCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: November 1, 2006 /jcs, Svc Dept. File# 137711 ? C`` ?; ,? ?? _ -?"' ?--? : b ? _n S „^ a ?', I ? ? ' ?i ?? ? `?' . 4 ' SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-04141 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF' CUMBERLAND WELLS FARGO BANK NA VS MCCLINTOCK ALFRED J JR ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: MCCLINTOCK ALFRED J JR but was unable to locate Him deputized. the sheriff-of YORK serve the within COMPLAINT - MORT FORE in his bailiwick. He therefore County, Pennsylvania, to On November 29th , 2006 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answers • Docketing 18.0 0? .. Out of County 9.00 Surcharge 10.00 R. Thomas Dep York County 34.45 Sheriff of Cumber and County Postage 1.35 72.80 L2?b 11/29/2006 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of A. D. 1 OF 2 COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 .W SERVICE CALL (717) 771-9601 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES 1. PLAINTIFF/S/ SELLS FARGO BANK. 3. DEFENDANTISI u A 2 COURT NUMBER 06-4141 civil A. MCCLINTOCK 4. 1 T r-c yr rrmi i vn ?.vr.ir L,,,, t, L m r MORTGAGE FORECLOSURE SERVE 5. NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE 014 DESCKIF I IUty Ur FKUrtK IT IV tit Ltvity, h ALFRED J. MCCLINTOCK 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY, BORO. TWP. STATE AND ZIP CODE) _ AT 191 SILVER SPUR DRIVE, APT. B1, YORK, PA 17402 7. INDICATE SERVICE' O PERSONAL O PERSON IN CHARGE )DEPUTIZE a CERT MAIL U 1ST CLASS MAIL U POSTED U OTHER NOW November 6 .20 06 I, SHERIFF UNTY, PA, o hereby deputize the sheriff of York COUNTY to execute p t ake re uord ing to law. This deputization being made at the request and risk of the plaintiff. euGcirr nr vEMM rni itiTv 6. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITIN(0?qvl(g?f COUNTY brunt; ALTERNATE ADDRESS- 85 BRICK YARD ROAD, MANCHESTER, PA 17345 ** PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES AND 1 TIME AFTER 6 PM ** ADVANCE FEE PAID BY ATTY _ Please mail return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11 DATE FILED PHELAN HALTINAN AND SCHMIEG, LLP 1617 JFK. BLVD. STE. 1400, PHILADELPHIA, P 19103 215-563--7000 =11/b-1/2006 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). /2006 CUMBERLAND CO. SHERIFF SPACE BELOW FOR USE OF THE SHERIFF - W MT WRITE INELOW THIS LINE 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or com0alint as indicated above. MJ M C G I LL YC S 0 t11/8/2006 12/2/2006 16. HOW SERVED: PERSONAL ) RESIDENCE ( ) POSTED(-) POE ( ) SHERIFF'S OFFICE OTHER( ) SEE REMARKS BELOW 17. O 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. NAME AND TITLE Of INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20. Time of Service s,?fwc?o +: V'? 23. Advance Costs 1 24. Service Costs 25 N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary 31. Surchg. 32. Tot. Costs r 33 Costs Due or ? SS a It o 00.00 $ j?7? r . S 6D S p 34. Foreign County Costs 35. Advance Costs 36. Service Costs 37. Notary Cert. 38. Mdeage/Postage/Not Found 39 . Total Costs 40 Costs Due or Refund 41. AFFIRME 71] T ' Signature of iff SO ANS RS 42. day of L A Sher INUTARY LIOVWv1 A y 46. Signature of uric 47 DATE " ,; !<Y .URL10 oinoFYOKt< YORK COU ' County Sheriff ' P?li1 MYCOMMISSION E:"PIR WI HERIFF S 11/22/06 ESAUI 3• 2, 2009 48. Signature of Foreign d9 DATE County Sheriff 50. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 51 DAT E RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sherdrs Office SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-04141 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS MCCLINTOCK ALFRED J JR ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: MCCLINTOCK DENISE A A/K/A DENISE TRAVIS but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the, within COMPLAINT - MORT FORE On November 29th , 2006 , this office was in receipt of the attached return from YORK . Sheriff's Cost Docketing s: 6.00 So answe Out of County .00 Surcharge 10.00 Thomas Klin .00 Sheriff of Cu erland County .00 16.00 4' 11/29/2006 0" PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of , A. D. PHS# 137711 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN FLEASTYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES 1. PLAINTIFF/S/ WELLS FAI 3. DEFENDANT/S/ COUNTY OF YORK 2 OF 2 OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALL (717) 771-9601 SANK, N. A 2. C,016g NUTaT CiVil 4 . TYPE O F 44 WRIT l l O R COMPLAINT C I M F Jn nVKTS'R A. MCCLINTOCK MORTGAGE FORECLOSURE SERVE ?5 NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED, OR SOLD DENISE A. MCCLINTOCK AKA DEMISE TRAVIS 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY. BORO. TWP. STATE AND ZIP CODE f 'f 1 ?71LYT+1r7s'yse? 7 INDICATE SERVICE: O PERSONAL Q PERSON IN CHARGE pEPUTIZE ?y 71 IL,n? U 1 ST CLASS MAIL U POSTED U OTHER NOW November 6 , 20 06 I, SHERIFF OF VOWCOUNTY, PA, do hereby deputize the sheriff of York COUNTY to ex7?e th' ke re urn ,according to law. This deputization being made at the request and risk of the plaintiff. F OF4 1114K COU NTY a. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING d#Ic Cimtberland ALTERNATE ADDRESS 85 brick yard road, manchester, pa 17345 ** PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES AND 1 TIME AFTER 6 PM ** ADVANCE FEE PAID BY ATTY Please mail return of service to Cumberland County Sheriff. Thank You. NOTE: ONLY APPUCASLE ON WRIT OF EXECUTION: N.S. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDR S I ATTORNEY / ORIGINATOR and SIGNATURE 1o. TELEPHONE NUMBER 11. DATE FILED MUM $ALLI AND SCHMIEG, LLP 1617 JFK, SLvD., sTE. 1400, PHILADELPHIA, PA L19103 215-563-7000 -1 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). 11/2/2006 SPACE BELOW FOR USE of THE saERFF - D0 NOT wRarE EmELow Tits Ire 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date Or complaint as indicated above. M J M C G I L L Y C S O 111/8/2006 12/2/20015 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED(.) POE { ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc, named above. (See remarks below.) 1a. NAME AND TITLE OF INDIVIDUAL SERVED t LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20 Time of Service 21. ATTEMPTS D Tune Miles I t. Date Time Miles Int. Date Time Miles int. Date Time Miles Int. Date Time Mites Int. Date Time Miles IM. 22. REMARKS: C? cQ l rn _ s? S LJa ?=? Pd. 23. Advance Costs yq Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary 31. Surchg. 32. Tot. Costs 33 Costs Due or Refund Check No. 34. Fomign County Costs 35. Advance Costs 36 Service Costs 37 Notary Cert. 38. Mdeage/Postage/Not Found 39. Total Costs 40 Costs Due or Refund SO ANSWERS 41. AFFIRMED and subscribed to before this 45 DATE 42. day of M N 1. 1 44. Signature of p. Sheriff . NOTARIRL`PWMNOTARY 46. Signature of York i? iff l?? v Sh DATE LISA L. BOV API, NOTARY PUBLIC YORK COUNTY CITY OF YORK County er WILLIAM M HOSE HERTFF -' 11/22/06 . MY CONMISSI:..id _Xr'.=S AUG. i2, 2009 48. Signature of Foreign 49 DATE __ _. County Sheriff 50. I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 51. DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs Owe SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-04141 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS MCCLINTOCK ALFRED J JR ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MCCLINTOCK ALFRED J JR but was unable to locate Him deputized the sheriff of YORK in his bailiwick. He therefore serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On November 29th , 2006 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answeers Docketing 6.00 Out of County .00 Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County .00 16.00 11/29/2006 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of A. D. 1 OF 2 COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALL. (717) 771-9601 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES 1 PLAINTIFF/S/ WELLS FARGO BANK., N.A. 3 DEFENDANT/S/ J. AND DENISE A. MCCLINTOCK 2 COURT NUMBER 06-4141 civil 4 TYPE OF WRIT OR COMPLAINT C I M F MORTGAGE FORECLOSURE SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD ALFRED J. MCCLINTOCK _ 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, BORO. TWP, STATE AND ZIP CODE) AT 191 SILVER SPUR DRIVE, APT. B1, YORK, PA 17402 7 INDICATE SERVICE O PERSONAL U PERSON IN CHARGE DEPUTIZE J CERT MAIL. J 1 ST CLASS MAIL U POSTED '-101 HER NOW November 6 '20_06 I, SHERIFF UNTY, PA, o hereby deputize the sheriff of York COUNTY to execute t ake re urn +accordirtg to law. This deputization being made at the request and risk of the plaintiff., SHERIFF OF 101111111114 COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITINQ"vIQEF C O U N T Y Cum ran ALTERNATE ADDRESS- 85 BRICK YARD ROAD, MANCHESTER, PA 17345 ** PLEASE ATPE"T SERVICE AT LEAST 3 TIMES AND 1 TIME AFTER 6 PM ** ADVANCE FEE PAID BY ATTY Please mail return of service to Cumberland County Sheriff. Thank You. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction. or removal of any property before sheriffs sale thereof 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11 DATE FILED PHELAN HALLINAN AND SCHMIEG, LLP 1617 JFK. BLVD., STE. 1400, PHILADELPHIA, P 19103 _ 215-563--7000 11/0112006 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW (This area must be completed 6 notice is to be mailed) e?- CUMBERLAND CO. SHERIFF SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW THNS LIM 13 I acknowledge receipt of the writ 14 DATE RECEIVED 15 Expiration/Hearing Date or complaint as indicated above MJ rI C G I LL Y C S O 11/8/2006 12/2/2006 16 HOW SERVED PERSONAL ) RESIDENCE ( ) POSTED ( ) POE ( ) SHERIFF'S OFFICE OTHER( ) SEE REMARKS BELOW 17 O 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc named above (See remarks below) 18. NAME AND TITLE O INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19 Date of Service 20 Time of S rnce 21. E PTS ?D9? Time les to 7i Apiles Int Date Time Miles Int Date Time Miles Int. Date Time Miles Int Date Time Miles Int QSO 22 REMARKS: JL r / ll c!) A-7- 2 mac:. S j f "S --f-/C?- 23 Advance Costs WO 00 24 Sennce Costs 25 N/F 26 Mileage 27 Postage 28 Sub Total a S 29 Pound 30 Notary ;60 31 Surchg 32 Tot Costs 33 Costs Due or SS e k o 34. Foreign County Costs :15 Advance Costs 36 Service Costs : 1137 Notary Cert 38 MileagelPostagelNot Found 39 Total Costs 40 Costs Due or Refund 41 AFFIRMED?VJe ¢? rt _ SOANS RS ,rt33 42 day of 20 ?Id 44. Signature of ?CLep. Sheriff 45 QATE / U /NOTARY LISA L. BO`,'vr'. r n' 7 N AR' 46 Signature of ork 47 DATE ' UDLIC CITY 0F`rC 'rOb< t'? County Sheriff - ,? MYCOMR? ? ` L a , 2009 --- WILLUAM M HOSE, SHERIFF 48 Si nature of Forei n z' 14 11/22/06 -?. g g County Sheriff 67 49 DATE So. I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIG NATURE 51 DATE RE CEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Isswng Authority 2'. PINK -Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sherdfs Office I -I SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-04141 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF' CUMBERLAND WELLS FARGO BANK NA VS MCCLINTOCK ALFRED J JR ET AL R. Thomas Kline .00 16.00 fv?f a? 11/29/2006 PHELAN HALLINAN SCHMIEG duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MCCLINTOCK DENISE A A/K/A but was unable to locate Her deputized the sheriff of YORK in his bailiwick. He therefore serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On November 29th , 2006 , this office was in receipt of t attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Sworn and. subscribe to before me this day of Sheriff or Deputy Sheriff who being DENISE TRAVIS So - .?- - r 6.00 .00 10.00 R. Thomas Kline .00 Sheriff of Cumberland County A. D. 137711 2 OF 2 COUNTY OF YORK OFFICE OF THE SHERIFF S(717) 7 ; 9 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE OWY LINE 1 THRU 12 DO NOT DETACH ANY COPES 1 PLAINTIFF/S/ WELLS FARGO BANK, N.A. 3 DEFENDANT/S/ 2 COU j N(?TaT civil 4 TYPE J bOF4WRIT OR COMPLAINT C I M F ALFRED J. AND DENISE A. MCCLINTOCK MORTGAGE FORECLOSURE SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION. ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD DENISE A. MCCLINTOCK, A/K/A DENISE TRAVIS _ 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO. CITY, BORO, TWP, STATE AND ZIP CODE TV AM , AT 1?1 --/0 lip?,W 7 INDICATE SERVICE 0 PERSONAL J PERSON IN CHARGE' XiOpEPUTIZE 6SRIAltand V 1ST CLASS MAIL U POSTED U O-fHER NOW November 6 2p 06 I, SHERIFF OF )9@00t000NTY, PA, do hereby deputize the sheriff of York COUNTY to execute IN ake return -according o- ee to law. This deputization being made at the request and risk of the plaintiff., . SHERIFF OF COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING Ic Cumberland ALTERNATE ADDRESS 85 brick yard road, manchester, pa 17345 ** PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES AND 1 TIME AFTER 6 PM ** ADVANCE FEE PAID BY ATTY Please mail return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sherd( levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment. without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof 9 TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER II DATE FILED PHELAN HALLINAN AND SCHMIEG, LLP 1617 JFK. BLVD., STE. 1400, PHILADELPHIA, PA 19103 1215-563-7000 i$i.f2966 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW (This area must be completed if notice is to be mailed) 1112/2006 SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE E FLOW THS LM 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or complaint as indicated above. M J M C G I L L Y C S O 1.1 / 8/ 2 0 0 6 12/2/2006 16. HOW SERVED PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17,,)j(1 hereby certify and return a NOT FOUND because I am unable to I-ovate the individual, company, etc named above (See remarks below,) 18. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19 Date of Service 20 Time cf Service 21 ATTEMPTSI`ta, I Time Miles IQt Date I Tim e I Miles I Int I Date I Time I Miles I Int I Date I Time Miles I Int. I Date I Time I Miles Int I Date I Time I iMiles I Int. I/r{o / 22. REMARKS: ryi jjAAo-u P-d - ?- ?_ 23 Advance Costs 24 Service Costs 25 N/F 26 Mileage 27 Postage 28 Sub Total 29. Pound 30 Notary 31 Surchg 32 Tot Costs 33 Costs Due or Refund Check No 34. Foreign County Costs :15 Advance Costs 36 Service Costs 37 Notary Cert 38 Mdeage/Postage/Not Found 39 Total Costs 40 Costs Due or Refund 41 AFFIRMED and subscribed to before a this 44. Signature of 42 day of rqoWMNQN6j%l4Ljt? p. Sheriff TXNOTARY 46. Signature of York N" TS Pi LX A ti LISA L. BC v ',:1 "D-F- RY PUBLIC County Sheriff CITY OF 1'C'".'4;. COUNTY WILLIAM M MY COMM! SSi a S AUG. 12, 2009 48 Signature of Foreign County Shenff 50 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE 50 ANSWERS 45 DATE jJ /'/ G? T G - DATE FF 11/22/06 49 DATE 51 DATE RECEIVED 1 WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheritrs Otfice 4. BLUE - Shenfrs office `4. JAI83HS 3HI . y ? ?J 0 3ni:3 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. V. Plaintiff, ALFRED J. MCCLINTOCK, JR. DENISE A. MCCLINTOCK A/K/A DENISE TRAVIS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4141 CIVIL TERM 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 ALFRED J. MCCLINTOCK, JR. and DENISE A. MCCLINTOCK A/K/A DENISE TRAVIS, 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 7/20/06 to 12/27/06 TOTAL $106,854.15 $3,137.89 $109,992.04 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, ESQUI Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: -? PRO PROTHY 137711 - C7J 77 C. .. iii _ (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. Plaintiff, V. ALFRED J. MCCLINTOCK, JR. DENISE A. MCCLINTOCK A/K/A DENISE TRAVIS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4141 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on ?, . 02 Y 200 (o. By: C% If you have any questions concerning this matter, please contact: _1Ch MAO E L DANIEL G. SCHMIEG, ESQUI 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." PHELAN HALLINAN & SCHMIEG, LLP 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 Philadelphia, PA 19103 (215) 563-7000 WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY ALFRED J. MCCLINTOCK, JR. DENISE A. MCCLINTOCK A/KIA DENISE TRAVIS : NO. 06-4141-CIVIL TERM Defendants TO: DENISE A. MCCLINTOCK A/K/A DENISE TRAVIS 5254 TERRACE ROAD MECHANICSBURGPA17050 F I L E G DATE OF NOTICE: DECEMBER 8, 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 F NCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff •PHELAN HALLINAN & SCHMIEG, LLP 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 Philadelphia, PA 19103 151 563-7000 WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS Plaintiff Vs. ALFRED J. MCCLINTOCK, JR. DENISE A. MCCLINTOCK A/K/A DENISE TRAVIS Defendants TO: ALFRED J. MCCLINTOCK, JR. 191 SILVER SPUR DRIVE, APT. BI YORK, PA 17402 DATE OF NOTICE: DECEMBER 8, 2006 CUMBERLAND COUNTY NO. 06-4141-CIVIL TERM 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 CIVIL DIVISION CARLISLE, PA 17013 (800)990-9108 r F NCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP 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 Philadelphia, PA 19103 (_215) 563-7000 WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS Plaintiff Vs. ALFRED J. MCCLINTOCK, JR. DENISE A. MCCLINTOCK A/K/A DENISE TRAVIS Defendants TO: ALFRED J. MCCLINTOCK, JR. PENN WASTE 85 BRICK YARD ROAD MANCHESTER, PA 17345 DATE OF NOTICE: DECEMBER 8, 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 CIVIL DIVISION LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CUMBERLAND COUNTY NO. 06-4141-CIVIL TERM CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ' PHELAN HALLINAN & SCHMIEG, LLP 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 Philadelphia, PA 19103 (215) 563-7000 WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY ALFRED J. MCCLINTOCK, JR. DENISE A. MCCLINTOCK A/K/A DENISE TRAVIS : NO. 06-4141-CIVIL TERM Defendants TO: ALFRED J. MCCLINTOCK, JR. 513 SAMPLE BRIDGE ROAD, APT. R, elk ENOLA, PA 17025 4 DATE OF NOTICE: DECEMBER 8 ,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 F NCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP 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 Philadelphia, PA 19103 (215) 563-7000 WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS Plaintiff Vs. ALFRED J. MCCLINTOCK, JR. DENISE A. MCCLINTOCK A/K/A DENISE TRAVIS Defendants TO: ALFRED J. MCCLINTOCK, JR. 5254 TERRACE ROAD MECHANICSBURG, PA 17050 DATE OF NOTICE: DECEMBER 8, 2006 CIVIL DIVISION CUMBERLAND COUNTY NO. 06-4141-CIVIL TERM - r" a. 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 -) *'- - ..5, #'?f ?'? F NCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP 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 Philadelphia, PA 19103 (215) 563-7000 WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS Plaintiff Vs. ALFRED J. MCCLINTOCK, JR. DENISE A. MCCLINTOCK A/K/A DENISE TRAVIS Defendants TO: ALFRED J. MCCLINTOCK, JR. PENN WASTE 6 OAKWOOD COURT CAMP HILL, PA 17011 DATE OF NOTICE: DECEMBER 8, 2006 CUMBERLAND COUNTY : NO. 06-4141-CIVIL TERM .' MTHIS 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. CIVIL DIVISION CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 RANCIS S. HALL AN, 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. . NO. 06-4141 CIVIL TERM ALFRED J. MCCLINTOCK, JR. DENISE A. MCCLINTOCK A/K/A DENISE TRAVIS Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant ALFRED J. MCCLINTOCK, JR. is over 18 years of age and resides at, 191 SILVER SPUR DRIVE, APT. B1, YORK, PA 17402. (c) that defendant DENISE A. MCCLINTOCK A/K/A DENISE TRAVIS is over 18 years of age, and resides at, 5254 TERRACE ROAD, MECHANICSBURG, PA 17050. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WELLS FARGO BANK, N.A. Plaintiff, V. No. 06-4141 CIVIL TERM ALFRED J. MCCLINTOCK, JR. DENISE A. MCCLINTOCK A/K/A DENISE TRAVIS Defendant(s). r TO TIB DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 12/27/06 to 6/13/07 (per diem -$18.08) $109,992.04 $3,037.44 and Costs TOTAL $113,029.48 n Alzx zJ d A DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Not lease 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.. 137711 ?C Z 4 pa..? Z, UA ' d z H o ? a ! po w tiz o W U ? ? .? Q e t, ? U A P-4 N a? a? s? o. a? 3 "' ?? X • 4 . f - 4 !Z 4 V Q Q , ..? Q" CC - + ?T 0 cy ? 0 d ¢+ PW OW A pH,, ?U ?A AQ W ?v w 2 0 ?? d ?? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-4141 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 ALFRED J. MCCLINTOCK, JR., DENISE A. MCCLINTOCK A/K/A DENISE TRAVIS (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 $109,992.04 L.L. $.50 Interest FROM 12/27/06 TO 6/13/07 (PER DIEM - $18.08) - $3,307.44 AND COSTS Atty's Comm % Atty Paid $326.36 Plaintiff Paid Date: JANUARY 4, 2007 (Seal) Due Prothy $1.00 Other Costs Curtis R. Long, Prothonotar By:e r? l c 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. ALFRED J. MCCLINTOCK, JR. DENISE A. MCCLINTOCK A/KIA DENISE TRAVIS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4141 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. DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff C? c?.s Q T1 L? E,.. rrl WELLS FARGO BANK, N.A. CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS ALFRED J. MCCLINTOCK, JR. CIVIL DIVISION DENISE A. MCCLINTOCK A/K/A DENISE TRAVIS NO. 06-4141 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,5254 TERRACE ROAD, MECHANICSBURG, PA 17nSn 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ALFRED J. MCCLINTOCK, JR. DENISE A. MCCLINTOCK A/K/A DENISE TRAVIS 191 SILVER SPUR DRIVE, APT. B1 YORK, PA 17402 5254 TERRACE ROAD MECHANICSBURG, PA 17050 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) PALISADES COLLECTION, LLC, ASSIGNEE OF PROVIDIAN BANK PO BOX 1244 ENGLEWOOD CLIFFS, NJ 07632 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) MERS, AS NOMINEE FOR HOUSEHOLD FINANCE CORPORATION G4318 MILLER ROAD FLINT, MI 48501 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 5254 TERRACE ROAD MECHANICSBURG, PA 17050 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. December 27, 2006 DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff C> O t c... t._ ! -:Tj ? r r C? WELLS FARGO BANK, N.A. Plaintiff, V. ALFRED J. MCCLINTOCK, JR. DENISE A. MCCLINTOCK A/K/A DENISE TRAVIS Defendant(s). TO: ALFRED J. MCCLINTOCK, JR. 191 SILVER SPUR DRIVE, APT. B1 YORK, PA 17402 CUMBERLAND COUNTY No. 06-4141 CIVIL TERM December 27, 2006 DENISE A. MCCLINTOCK A/K/A DENISE TRAVIS 5254 TERRACE ROAD MECHANICSBURG, PA 17050 "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 TTEMPT TO COLLECTA DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY." Your house (real estate) at, 5254 TERRACE ROAD, MECHANICSBURG, PA 17050, is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 5109,992.04 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. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find ouif this has happened, you may call (717) 240-6390. . If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the prope?t 'has 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 PROPERTY SITUATED IN THE TOWNSHIP OF HAMPDEN IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A FEE DIMPLE DEED DATED 08/31/1990 AND RECORDED 09/05/1990, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN VOLUME 34T PAGE 555. TAX PARCEL ID: 10-18-1319-170 ADDRESS: 5254 TERRACE ROAD MECHANICSBURG, PA 17055 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Alfred J. McClintock, Jr. and Denise A. McClintock, husband and wife, by Deed from Robert W. Kraly and Mildred C. Kraly, husband and wife, dated 08/31/1990, recorded 09/05/1990, in Deed Book 34-T, page 555. 1( ?% X 3' ?? " r. ? PHELAN HALLINAN & SCHMIEG, LLP BY: SHEETAL R. SHAH-JANI, ESQUIRE ATTORNEY I.D. NO. 81760 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF Wells Fargo Bank, N.A. 3476 Stateview Boulevard Fort Mill, SC 29715 Plaintiff V. Alfred J. McClintock, Jr. Denise A. McClintock A/k/a Denise Travis 5254 Terrace Road Mechanicsburg, PA 17050 COURT OF COMMON PLEAS CIVL DIVISION CUMBERLAND COUNTY NO. 06-4141 Civil Term Defendants STIPULATION TO REMOVE PARTY DEFENDANT WHEREAS, Plaintiff, Wells Fargo Bank, N.A., commenced the instant foreclosure action on March 1, 2007, in the Court of Common Pleas of Cumberland County at Docket Number 06-4141 Civil Term; WHEREAS, Plaintiff named Denise A. McClintock a/k/a Denise Travis as Defendant; WHEREAS, it was subsequently determined that Denise Travis is not an a/k/a of Denise A. McClintock, and WHEREAS, the parties wish to resolve this matter amicably and therefore agree as follows: 1. The term "a/k/a Denise Travis" shall be removed from Defendant Denise A. McClintock. 2. That Denise A. McClintock shall remain as a party to this action. 3. The Prothonotary of Cumberland County will remove all references to "a/k/a Denise Travis" from the record, case caption, and docket text of the above referenced foreclosure action. 4. This stipulation may be executed in counterpart. S -Jani, sq J4 Attorney for Plaintiff Date i S. ravis, Esquire Attorney for Denise Travis t'i i i {'11 c n N C`?? RJ °-...' .res 7 AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO BANK, N.A. DEFENDANT(S) ALFRED J. MCCLINTOCK, JR. DENISE A. MCCLINTOCK A/K/A DENISE TRAVIS SERVE: ALFRED J. MCCLINTOCK, JR. 191 SILVER SPUR DRIVE, APT. Bl YORK, PA 17402 CUMBERLAND COUNTY LLD No. 06-4141 CIVIL TERM ACCT. #8946593 PHSt 137? I I Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 13, 2007 SERVED Served and own to A'&rJ I ffir CI:,r6 k 7r. Defendant, on the l S day of a? 200? at • S , o'clock P.m., at I Q I S: lve,- &or 4nf r31? Y?Jc P? ?7y?? 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 15"-' Height IS tz Weight 2001! Race W Sex " Other I, Lis4-.ile Dchh,`s C- 6LOy<< 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 sub before m this of 200 ? Notary. PENN YLVANIA By: ra.?tfarj 1?l,1K{I f,,LVICE A? LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. t1 l? .. f I I J Ii / NOT SERVED the day of , 200. at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1't Attempt: Time: Vacant 2.d 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 n N ? 0 fil1C' ::a Fl Mr. •' n G3 By' CUMBERLAND COUNTY LLD No. 06-4141 CIVIL TERM ACCT. #8946593 P S# In-7I Type of Action - Notice of Sheriffs Sale Sale Date: JUNE 13, 2007 SERVED G Served and made known to 4eC k Defendant, on the day of 3G r+4Au,A y 200-I at ?, o'clock m., at S2 s N Tem, ce Rd Commonwealth of Pennsylvania, in the manner described below: onaliy served. amber with whom Defendant(s) reside(s). Name and Relationship is _ 'of Defendant(s)'s residence who refused to give name or relationship. of place of lodging in which Defendant(s) reside(s). 1 in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of 200`, at o'clock _.m., Defendant NOT FOUND because: AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO BANK, N.A. DEFENDANT(S) ALFRED J. MCCLINTOCK, JR. DENISE A. MCCLINTOCK A/K/A DENISE TRAVIS SERVE: DENISE A. MCCLINTOCK A/K/A DENISE TRAVIS 5254 TERRACE ROAD MECHANICSBURG, PA 17050 Description: ga S - .f Height S-') " Weight I ?r Race JL,/ Sex JC Other I, Ce 1 ? 2"e-CIS 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. Moved Unknown No Answer 1st Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of , 200 Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire I.D. No. 62205 t Vacant 2'd Attempt: Time: v.aw Ut i4cw JCISey PA T riiU-lA E. HARRIS Chi ;mission Expires June 16, 2008 C ° O ? r- ^'* o c PHELAN HALLINAN & SCHMIEG, LLP By: SHEETAL R. SHAH-JANI, ESQUIRE Atty. I.D. No. 81760 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Wells Fargo Bank, N.A. 3476 Stateview Boulevard Fort Mill, SC 29715 Plaintiff v Alfred J. McClintock, Jr. Denise A. McClintock 5254 Terrace Road Mechanicsburg, PA 17050 Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVL DIVISION CUMBERLAND COU?1TY OL - 411411 [v % NO. AD-06-10702 PETITION FOR SUPPLEMENTARY RELIEF IN AID OF EXECUTION PURSUANT TO PA. R.C.P. 3118 TO AMEND NAME AND NOW COMES Plaintiff, by and through its counsel, Phelan Hallinan & Schmieg, LLP, hereby petitions this Court to remove the term "a/k/a Denise Travis" from the name of Defendant Denise A. McClintock and in support thereof avers the following: 1. Plaintiff filed its Complaint in Mortgage Foreclosure on July 21, 2006. A true and correct copy of the Complaint is attached hereto, made part hereof, and marked as Exhibit A. 2. Judgment was entered against the Defendants on December 28, 2006. A true and correct copy of the Default Judgment is attached hereto, made part hereof and marked as Exhibit B. 3. Pursuant to an investigation, an a/k/a was identified and Plaintiff named "Denise A. McClintock a/k/a Denise Travis" as party Defendant. 4. However, upon subsequent investigation, it has come to Plaintiff's attention that "Denise Travis" is not an a/k/a of Defendant Denise A. McClintock. 5. It is further believed and therefore averred that the relief requested will not prejudice the Defendants, as this case does not involve any dispute as to the title or identity of the property owned by the Defendants. WHEREFORE, Plaintiff respectfully requests this Honorable Court grant Plaintiffs Petition and remove the term "a/k/a Denise Travis" from the name of Defendant Denise A. McClintock and the record, case caption, and docket text of this foreclosure action and maintain Defendant Denise A. McClintock as party to this action. Respectfully submitted, & SCHMIEG, LLP By - Sheetal R. Shah-Jani, EU'4 Attorney I.D. 81760 One Penn Center Plaza, 00 Philadelphia, PA 19103 Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: SHEETAL R. SHAH-JANI, ESQUIRE Atty. I.D. No. 81760 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Wells Fargo Bank, N.A. 3476 Stateview Boulevard Fort Mill, SC 29715 Plaintiff v Alfred J. McClintock, Jr. Denise A. McClintock 5254 Terrace Road Mechanicsburg, PA 17050 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVL DIVISION CUMBERLAND COUNTY NO. AD-06-10702 BRIEF IN SUPPORT OF PETITION FOR SUPPLEMENTARY RELIEF IN AID OF EXECUTION PURSUANT TO PA. R.C.P. 3118 TO AMEND NAME 1. Factual Background: Plaintiff filed its Complaint in Mortgage Foreclosure on July 21, 2006. Judgment was entered against the Defendants on December 28, 2006. Pursuant to an investigation, Plaintiff identified an a/k/a and named "Denise A. McClintock a/k/a Denise Travis" as party Defendant. Subsequently it was discovered that Denise Travis is not an a/k/a for Denise A. McClintock. It is believed and therefore averred that "Denise Travis" is not an a/k/a of Defendant Denise A. McClintock. It is further believed and therefore averred that the relief requested will not prejudice the Defendants, as this case does not involve any dispute as to the title or identity of the property owned by the Defendants. II. Legal Analyses: Pa. R.C.P. 3118 is designed to give the court "broad discretion to provide relief in aid of execution". National Recovery Systems v. Pinto, 18 D. & C. 3d 684, 686 (Pa.Comp.Pl 1981). Specifically, the rule provides, inter alia: (a) On petition of the plaintiff, after notice and hearing, the court in which a judgment has been entered may, before or after the issuance of a writ of execution, enter an order against any party or person... (1) enjoining the negotiation, transfer, assignment or other disposition of any security, document of title, pawn ticket, instrument, mortgage, or document representing any property interest of the defendant subject to execution; ... (3) directing the defendant or any other party or person to take such action as the court may direct to preserve collateral security for property of the defendant levied upon or attached, or any security interest levied upon or attached; ... (6) granting such other relief as may be deemed necessary and appropriate. Pa. R.C.P. 3118(a). The predicates for a petitioner to obtain supplementary relief in aid of execution of a judgment are (1) the existence of an underlying judgment; and (2) property of the debtor subject to execution. Kaplan v. I. Kaplan Inc., 422 Pa. Super. 215, 619 A.2d 322 (1993). Here, Judgment was entered against Defendants on December 28, 2006, and the property being foreclosed upon is owned by the Defendants. Therefore, the creditor is entitled to invoke Rule 3118 for its motion to aid in the execution of the property and the Court has jurisdiction over this matter. In Livingston v. Unis, 659 A.2d 606 (Pa. Cmwlth. 1995), the Court stated that the "rules shall be liberally construed to secure the just, speedy and inexpensive determination of every action or proceeding to which they are applicable." Additionally, it has been held that this Court has plenary power to administer equity according to well-settled principles of equity jurisprudence in cases under its jurisdiction. Turner v. Hosteller, 359 Pa.Super.167, 518 A.2d 833 (1986). It is well settled that Courts will lean to a liberal exercise of the equity power conferred upon them instead of encouraging technical niceties in the modes of procedure and forms of pleading. Gunnett v. Trout, 380 Pa. 504, 112 A.2d 333 (1955). Here, Plaintiff, included the term "a/k/a Denise Travis" in the name of Defendant Denise A. McClintock. Thereafter, it came to Plaintiff's attention that, "Denise Travis" is not an a/k/a of Defendant Denise A. McClintock. Removing the term "a/k/a Denise Travis" from the name of Denise A. McClintock when later investigation determines the term is not applicable is the type of equitable remedy the Courts in Livingston, Turner, and Gunnett consider appropriate. Accordingly, Plaintiff respectfully requests this Honorable Court enter an Order to remove the term "a/k/a Denise Travis" from the name of Defendant Denise A. McClintock and the record, case caption, and docket text of this foreclosure action and maintain Defendant Denise A. McClintock as party to this action. WHEREFORE, Plaintiff respectfully requests this Honorable Court grant Plaintiff's Petition and remove the term "a/k/a Denise Travis" from the name of Defendant Denise A. McClintock and the record, case caption, and docket text of this foreclosure action and maintain Defendant Denise A. McClintock as party to this action. Respectfully submitted, Dated: PHELAN HALLINAN & SCHMIEG, LLP r Sheetal R. Shah-Jani, Attorney I.D. 81760 One Penn Center Plaza, i Philadelphia, PA 19103 Attorney for Plaintiff 400 EXHIBI18 t PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 ` µ w: (215) 563-7000. 13771 4 4 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 CIVIL DIVISION Plaintiff TERM V. NO. d Co 1114/ 1 C,,, , l ?V, h CUMBERLAND COUNTY ALFRED J. MCCLINTOCK, JR:. DENISE A. MCCLINTOCK A/K/A DENISE TRAVIS 5254 TERRACE ROAD MECHANICSBURG, PA 17050 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 ile foll(Ming;-: pages, you must take action within twenty (20) days after this complaint and notice are seii by f" .? f, . entering a written appearance personally or by attorney and filing in writing with the court Sur deWnses, or objections to the claims set forth against you. You are warned that if you fail to do so the case Qay 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 ?We he Cumberland County Bar Association reby 32 South Bedford Street I ? fje Carlisle, PA 17013 b@ t1) On ? ct Cn of thj? 0 (800)990-9108 a/ e? Of e corcl File #: 137711 t6 RAlpig L L; TRUE COPY FROM E 60RD i-cu IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: s,Fawsk sraPURSUANT TO THE FAIR DEBT COLLECTION ,. ;,.:' ....' ..n.R.:n.r:&1y . x PRACTICES ACT, 15 U.S.C. 1692"et se 197 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 #: 137711 I . Plaintiff is WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 ?.#+'3. ?W"FSk; u.tdtC`.dl.:+l6ky.? -c1 a._ .?C.:, <.' 'l+.h C'.Y tvsa.:.k h The name(s) and Last known address(es) of the Defendant(s) are: ALFRED J. MCCLINTOCK, JR. DENISE A. MCCLINTOCK A/K/A DENISE TRAVIS 5254 TERRACE ROAD MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 01/24/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR SIB MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1748, Page: 1313. 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 03/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 137711 ...A, Vii... ;r`??`!'?dg4e• a y r n, g x 4Y c sfiY bSiwt* r r r ?k' • .?,.tx,rz?be^S.lews: t i'r?z'.?3??:?Ma-'?:±vR+•.3:,'!?., J.;+.wa .TM1"t.;?,}a'?'?1Ei??+'l?T?ii?AA"?? . ?.-o ??YMaN "' z r s u 6. The following amounts are due on the mortgage: Principal Balance $102,321.11 Interest 3,293 81 , s.•'Pkr 7 Q12006 ` ` ° `. 02/01/2006 throukh, (Per Diem 19.49 Attorney's Fees_. 1,250.00 Cumulative Late Charges 0.00 01 /24/2002 to 07/19/2006 Cost of Suit and Title Search 550.00 Subtotal $ 107,414.92 Escrow 4 f Credit 560.77 Deficit 0.00 Subtotal - 560.77 TOTAL $ 106,854.15 - 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 106,854.15, together with interest from 07/19/2006 at the rate of $19.49 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. By: /s/Francis S. Hallinan L RENCE T. PHELAN, ESQUIRE FRANCIS S. HALLMAN, ESQUIRE Attorneys for Plaintiff PHEL ALLINAN & SCHMIE - P Ir File #: 137711 _ .. _ _ _.. - .-. _ .? -,.? wx - _.,t? ., __ .. .vti:.. :,y„' ..?3'ar". ?.,??i4?c.:A?.6. Via' ?.?L_.. ,,•„ t LEGAL DESCRIPTION ALL those two lots or tracts of ground situate in Hampden Township, Cumberland County, Pennsylvania, as shown on the Plan of'Good Hope Terrace', recorded in the Recorder's Office of Cumberland County in Plan Book 4, Page 48, and more particularly bounded and described as follows, to wit: I RACT NO l aBEGINNING on the western line of a private road, known as Terrace Road, 200 feet South of a steel pin, which pin is on the northern line of said Plan; thence South along the western line of said Terrace Road, 100 feet to a point; thence West - 150 feet to a point; thence North 100 feet to a point, which point is due West from the point of beginning, thence East 150 feet to the point of BEGINNING. BEING Lot No. 103 on the aforementioned Subdivision Plan. BEING th arne premises which Ray E. Steward and Iva A Steward, husband and wife, by their deed dated June 4, 1955 5 -.. _ _ h , M, .r.r" w ++ ca„ ter, w. ,, y , •.,. >r, - .a=r. .. ,.,-v .,,, , ...?;,.;, x .. ,+ .a n , .w19 and recorded in Cumberland County Deed Book N, Volume 16, Paq?ge 97 granted and conveyed unto Robert W. Kraly"and Mildred C. Kraly, husband and wife, Grantors herein. TRACT NO.2 - BEGINNING on the western line of Terrace Road, 300 feet South of a steel pin, which pin is on the northern line of said Plan; thence South along the western line of said Terrace Road, 100 feet to a point; thence West 150 feet to a point; thence North 100 feet to a point, which point is due West from the point of beginning; thence East 150 feet to the point of BEGINNING. BEING Lot No. 104 on the aforementioned Subdivision Plan. BEING the same premises which Ray E. Steward and Laura M. Steward, husband and wife, by their deed dated June 6,. 1969 and recorded in Cumberland County Deed Book R, Volume 24, Page 286, granted and conveyed unto Robert W. Kraly and Mildred C. Kraly, husband and wife, Grantors herein. PREMISES: 5254 TERRACE ROAD File #: 137711 ?q`ib,&"i%?atidµK?DMA?fidrrsr.+ua??,+'; - ._ ,,. f _ y -- FRANCIS S` HALLINAN, ESQUIRE hereby"states that he isatforne 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 ana4* correct to the best of his knowledge, information and belief. - o. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: C1. EXHIBIT B 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 Lt ) 563-7000 WELLS FARGO BANK, N.A. V. Plaintiff, ALFRED J. MCCLINTOCK, JR. DENISE A. MCCLINTOCK A/K/A DENISE TRAVIS CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4141 CIVIL TERM Defendant(s). ('/ 3 f ca `1 ` r PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO; 7 ANSWER AND ASSESSMENT OF DAMAGES r -ri TO THE PROTHONOTARY: .. -4 Kindly enter an in rem judgment in favor of the Plaintiff and against ALFRED t 11 `?I3 M_ CCLINTOCK.,_JR. and DENISE A. MCCLINTOC A/K/A DENISE TRAVIS, 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 7/20/06 to 12/27/06 TOTAL $106,854.15 $3,137.89 $109,992.04 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, ESQUII? ATTO'' '? Er) Attorney for Plaintiff PLEASP DAMAGES ARE HEREBY ASSESSED AS INDIC. DATE: ?.Az' 3-q'-J0'1 137711 VERIFICATION I, Sheetal R. Shah-Jani, Esquire, hereby state that I am the attorney for the Plaintiff herein and am authorized to make this verification. I hereby verify that the information contained in Plaintiff's Petition for Supplementary Relief in Aid of Execution Pursuant to Rule 3118 to Amend Name is true and correct to the best of my knowledge, information and belief. I am aware that this verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, 107 JVd-- Dated: PHELAN HALLINAN & SCHMIEG, LLP By: (-) W Sheetal R. Shah-Jani, Esqui Attorney I.D. 81760 One Penn Center Plaza, Su! Philadelphia, PA 19103 Attorney for Plaintiff P. t 1 PHELAN HALLINAN & SCHMIEG, LLP By: SHEETAL R. SHAH-JANI, ESQUIRE Atty. I.D. No. 81760 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Wells Fargo Bank, N.A. 3476 Stateview Boulevard Fort Mill, SC 29715 Plaintiff V. Alfred J. McClintock, Jr. Denise A. McClintock 5254 Terrace Road Mechanicsburg, PA 17050 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVL DIVISION CUMBERLAND COUNTY NO. AD-06-10702 CERTIFICATE OF SERVICE I, Sheetal R. Shah-Jani, Esquire, hereby certify that true and correct copies of the Plaintiff's Petition for Supplementary Relief in Aid of Execution Pursuant to Rule 3118 to Amend Name, Brief, Rule, and this Certificate were served upon the following: Alfred J. McClintock, Jr. Denise A. McClintock 5254 Terrace Road Mechanicsburg, PA 17050 Dated: Michael S. Travis 3904 Trindle Road Camp Hill, PA 17011 Respectfully submitted, PHELAN HALLINAN & By: R. Shah-Jani, Esd i G, LLP (`1 ' - t t dy' MAY 0 7 20e1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. 3476 Stateview Boulevard Fort Mill, SC 29715 Plaintiff V. Alfred J. McClintock, Jr. Denise A. McClintock 5254 Terrace Road Mechanicsburg, PA 17050 Defendants COURT OF COMMON PLEAS CIVL DIVISION CX.- ytyl NO. AD-06-10702 RULE RETURNABLE AND NOW, this day of ,2007, a Rule is entered upon the - &!:?)- Defendants, to show cause why an Order should not be entered granting Plaintiffs Petition for Supplementary Relief in Aid of Execution Pursuant to Pa. R.C.P. 3118 to Amend Name. Rule Returnable on the day of 4--P- 2007, at//UV m. in the Courtroom of the Honorable Judge Guido, Cumberland County Courthouse, Carlisle, Pennsylvania. J. 3 ?; ?.. p} 4 l . , ? 4? 7?!?f? 1?3 ? + t,'??,.,',t. S?- C ;?? ??? ?? ???? l??v ? ?,? t ??tti?,4;,?, ,? ;???tl? ??? = PHELAN HALLINAN & SCHMIEG, LLP By: SHEETAL R. SHAH-JANI, ESQUIRE Atty. I.D. No. 81760 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Wells Fargo Bank, N.A. 3476 Stateview Boulevard Fort Mill, SC 29715 Plaintiff v Alfred J. McClintock, Jr. Denise A. McClintock 5254 Terrace Road Mechanicsburg, PA 17050 Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVL DIVISION CUMBERLAND COUNTY / ?4 Off- ?llV! t0% NO. AD-06-10702 PETITION FOR SUPPLEMENTARY RELIEF IN AID OF EXECUTION PURSUANT TO PA. R.C.P. 3118 TO AMEND NAME AND NOW COMES Plaintiff, by and through its counsel, Phelan Hallinan & Schmieg, LLP, hereby petitions this Court to remove the term "a/k/a Denise Travis" from the name of Defendant Denise A. McClintock and in support thereof avers the following: 1. Plaintiff filed its Complaint in Mortgage Foreclosure on July 21, 2006. A true and correct copy of the Complaint is attached hereto, made part hereof, and marked as Exhibit A. 2. Judgment was entered against the Defendants on December 28, 2006. A true and correct copy of the Default Judgment is attached hereto, made part hereof and marked as Exhibit B. 3. Pursuant to an investigation, an a/k/a was identified and Plaintiff named "Denise A. McClintock a/k/a Denise Travis" as party Defendant. 4. However, upon subsequent investigation, it has come to Plaintiff's attention that "Denise Travis" is not an a/k/a of Defendant Denise A. McClintock. 5. It is further believed and therefore averred that the relief requested will not prejudice the Defendants, as this case does not involve any dispute as to the title or identity of the property owned by the Defendants. WHEREFORE, Plaintiff respectfully requests this Honorable Court grant Plaintiffs Petition and remove the term "a/k/a Denise Travis" from the name of Defendant Denise A. McClintock and the record, case caption, and docket text of this foreclosure action and maintain Defendant Denise A. McClintock as party to this action. Respectfully submitted, & SCHMIEG, LLP Sheetal R. Shah-Jani, E; Attorney I.D. 81760 One Penn Center Plaza, Philadelphia, PA 19103 Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: SHEETAL R. SHAH-JANI, ESQUIRE Atty. I.D. No. 81760 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Wells Fargo Bank, N.A. 3476 Stateview Boulevard Fort Mill, SC 29715 Plaintiff V. Alfred J. McClintock, Jr. Denise A. McClintock 5254 Terrace Road Mechanicsburg, PA 17050 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVL DIVISION CUMBERLAND COUNTY NO. AD-06-10702 BRIEF IN SUPPORT OF PETITION FOR SUPPLEMENTARY RELIEF IN AID OF EXECUTION PURSUANT TO PA. R.C.P. 3118 TO AMEND NAME 1. Factual Background: Plaintiff filed its Complaint in Mortgage Foreclosure on July 21, 2006. Judgment was entered against the Defendants on December 28, 2006. Pursuant to an investigation, Plaintiff identified an a/k/a and named "Denise A. McClintock a/k/a Denise Travis" as parry Defendant. Subsequently it was discovered that Denise Travis is not an a/k/a for Denise A. McClintock. It is believed and therefore averred that "Denise Travis" is not an a/k/a of Defendant Denise A. McClintock. It is further believed and therefore averred that the relief requested will not prejudice the Defendants, as this case does not involve any dispute as to the title or identity of the property owned by the Defendants. II. Legal Analyses: Pa. R.C.P. 3118 is designed to give the court "broad discretion to provide relief in aid of execution". National Recovery Systems v. Pinto, 18 D. & C. 3d 684, 686 (Pa.Comp.Pl 1981). Specifically, the rule provides, inter alia: (a) On petition of the plaintiff, after notice and hearing, the court in which a judgment has been entered may, before or after the issuance of a writ of execution, enter an order against any party or person... (1) enjoining the negotiation, transfer, assignment or other disposition of any security, document of title, pawn ticket, instrument, mortgage, or document representing any property interest of the defendant subject to execution; ... (3) directing the defendant or any other party or person to take such action as the court may direct to preserve collateral security for property of the defendant levied upon or attached, or any security interest levied upon or attached; ... (6) granting such other relief as may be deemed necessary and appropriate. Pa. R.C.P. 3118(a). The predicates for a petitioner to obtain supplementary relief in aid of execution of a judgment are (1) the existence of an underlying judgment; and (2) property of the debtor subject to execution. Kaplan v. I. Kaplan Inc., 422 Pa. Super. 215, 619 A.2d 322 (1993). Here, Judgment was entered against Defendants on December 28, 2006, and the property being foreclosed upon is owned by the Defendants. Therefore, the creditor is entitled to invoke Rule 3118 for its motion to aid in the execution of the property and the Court has jurisdiction over this matter. In Livingston v. Unis, 659 A.2d 606 (Pa. Cmwlth. 1995), the Court stated that the "rules shall be liberally construed to secure the just, speedy and inexpensive determination of every action or proceeding to which they are applicable." Additionally, it has been held that this Court has plenary power to administer equity according to well-settled principles of equity jurisprudence in cases under its jurisdiction. Turner v. Hosteller, 359 Pa. Super. 167, 518 A.2d 833 (1986). It is well settled that Courts will lean to a liberal exercise of the equity power conferred upon them instead of encouraging technical niceties in the modes of procedure and forms of pleading. Gunnett v. Trout, 380 Pa. 504, 112 A.2d 333 (1955). Here, Plaintiff, included the term "a/k/a Denise Travis" in the name of Defendant Denise A. McClintock. Thereafter, it came to Plaintiffs attention that, "Denise Travis" is not an a/k/a of Defendant Denise A. McClintock. Removing the term "a/k/a Denise Travis" from the name of Denise A. McClintock when later investigation determines the term is not applicable is the type of equitable remedy the Courts in Livin sg ton, Turner, and Gunnett consider appropriate. Accordingly, Plaintiff respectfully requests this Honorable Court enter an Order to remove the term "a/k/a Denise Travis" from the name of Defendant Denise A. McClintock and the record, case caption, and docket text of this foreclosure action and maintain Defendant Denise A. McClintock as party to this action. WHEREFORE, Plaintiff respectfully requests this Honorable Court grant Plaintiffs Petition and remove the term "a/k/a Denise Travis" from the name of Defendant Denise A. McClintock and the record, case caption, and docket text of this foreclosure action and maintain Defendant Denise A. McClintock as party to this action. Respectfully submitted, Dated: (4W(i PHELAN HALLINAN & SCHMIEG, LLP Sheetal R. Shah-Jani, Attorney I.D. 81760 One Penn Center Plaza, Philadelphia, PA 19103 Attorney for Plaintiff 400 EXHIBIT A PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 a. (215) 563-7000 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS ?3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 CIVIL DIVISION Plaintiff TERM NO. a(a . L11141 clUc L CUMBERLAND COU N"1 Y ALFRED J. MCCLINTOCK, JR `` DENISE A. MCCLINTOCK A/K/A DENISE TRAVIS 5254 TERRACE ROAD _ MECHANICSBURG, PA 17050 Defendants CIVIL ACTION - LAW - - COMPLAINT IN MORTGAGE FORECLOSURE C- NOTICES You have been sued in court. If you wish to defend against the claims set forth iri) foll Ming,-' z; pages, you must take action within twenty (20) days after this complaint and notice are sei by? entering a written appearance personally or by attorney and filing in writing with the court 3i4ir Anses y' 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 heP Cumberland County Bar Association tvitj j? eb ce 32 South Bedford Street t0 b ?i OO!' fIt Carlisle, PA 17013 On eL't co ? tl'Ue the (800)990-9108 P EASEfiE ' recora TRUE COPY FROM RE- CORD 9? W1We1' } ?, ??nt4 yet File #: 137711 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: . ,..,:... PURSUANT TO THE FAIR DEBT' COLLECTION `,AZ.LL 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 #: 137711 ?me.??r x?!"?4.w`,'?AeaM?f:.s^'fb`^?nw.?i.. A'r'm°-nY, .: ^fi,.,:. ?• ...,.??: _ .. ... ., ".S`4 fi-0!^14R?.r. 1. Plaintiff is WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 ?!rvk^`b aCb". ?s4'?'Jd?i.•,b'yY 9-\ .Y 14.e.. .,...., wAi?4X+,i>.H. 3,??.a r,-..;,.t..? - oo' 2. Tfie name( s) and last known address(es) of the Defendant(s) are: ALFRED J. MCCLINTOCK, JR DENISE A. MCCLINTOCK A/K/A DENISE TRAVIS 5254 TERRACE ROAD MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 01/24/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR SIB MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1748, Page: 1313. 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 03/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 137711 !?r?tth?w..>m.?Fw.at'!l?1bY•.rh'?. -; ?a r'h:? ,s?..;+..............,:.kw ,- - _.,.<. .,,.-?. - - - 6. The following amounts are due on the mortgage: Principal Balance $102,321.11 Interest 3,293.81 0-'/01/2 06 through 0711 /2006 (Per Diem $19.49) Attorney's Fees 1,250.00 Cumulative Late Charges 0.00 01/24/2002 to 07/19/2006 Cost of Suit and Title Search $ 550.00 Subtotal $ 107,414.92 Escrow .-swfl5 ..t In Yhi,.?. cwt - Credit Deficit 0.00 Subtotal 560.77 TOTAL $ 106,854.15 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WI3EREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 106,854.15, together with interest from 07/19/2006 at the rate of $19A9 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHEL ALLINAN & SCHMIE P By: /s/Francis S._Hallinan LAJWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 137711 ?(1M;iFY+N wmr...rw..?,...r..?r-r...?t:7Y'wk+-snww+'Mu..r ?'...t,n ?, s4... .?s;?. .+5,:stiS-1?w+..,r ssN?f^t&-'t t^-r„$:...v +?M?nf - yF3 i x•.:4,-,? ,. .., ?r .. .....::,,.v ..,_. - -., LEGAL DESCRIPTION ALL those two lots or tracts of ground situate in Hampden Township, Cumberland County, Pennsylvania, as shown on the Plan of 'Good Hope Terrace', recorded in the Recorder's Office of Cumberland County in Plan Book 4, Page 48, and more particularly bounded and described as follows, to wit: TRACT NO 1 I A'?.b.` .. _" ... `:. 1b Lv1? '.AV E-.-?yil^. y. .. nN-ev'n-_..a? Wf`MSXYR.13sb#Y.??.'1 .sY'.'ai'N'?}W14i: "?.].SvL.silC3lfkroi e.. 4. d ...._: :. - r. a..,e ..r -rC- ait?rxa.r.n. - - _.rnwL.?..vY.a.r...ua....,- .?..e.._r.?. - ..r..u...c...... _,... .. ._u._....? - .W_?. ..? .? ._ -_. ,... - BEGINNING on the western line of a private road, known as Terrace Road, 200 feet South of a steel pin, which pin is on the northern line of said Plan; thence South along the western line of said Terrace Road, 100 feet to a point; thence West 150 feet to a point; thence North 100 feet to a point, which point is due West from the point of beginning; thence East 150 feet to the point of BEGINNING. BEING Lot No. 103 on the aforementioned Subdivision Plan. BEING the same premises which Ray E Steward and Iva A Stewardt husband and wife, by their deed Adated June 4. 1955 .w ptw;_Ywn.,.x.? .,wr,.,?.. _ rErz.a,- „y -- -?•?,? ,- - .,. aye„ - and recorded in Cumberland County Deed Book N, Volume 16, Page 97, granted and conveyed unto Robert W. Kraly and Mildred C. Kraly, husband and wife, Grantors herein. TRACT NO.2 BEGINNING on the western line of Terrace Road, 300 feet South of a steel pin, which pin is on the northern line of said Plan; thence South along the western line of said Terrace Road, 100 feet to a point; thence West 150 feet to a point; thence North 100 feet to a point, which point is due West from the point of beginning; thence East 150 feet to the point of BEGINNING. BEING Lot No. 104 on the aforementioned Subdivision Plan. BEING the same premises which Ray E. Steward and Laura M. Steward, husband and wife, by their deed dated June 6, 1969 and recorded in Cumberland County Deed Book R, Volume 24, Page 286, granted and conveyed unto Robert W. Kraly and Mildred C. Kraly, husband and wife, Grantors herein. PREMISES: 5254 TERRACE ROAD File #: 137711 ric4rF5:fin'.1.-,II?IFT?S'.o-:}r...,?b-... ,.?.,:?:5?7`1mM';F '.?fY?,?c.?.."W??4'aT"?:r-lilrbk#V-;W^.Y?f?hy[ .. .,'la'-??q?+'!64>R#'Rtaw?ir31,'h^Ir.??q?a?_. r,?A' 1.T1''S!:i?,?n ;.:• .fie' , ..,.4 . ?n-KbF;+?74nc a,h a?. ,.F •.aRU+?+r.,." .. -. .. ., .. .. ,M.,,wi?;a.ma.? FRANCIS S HALLI ESQUIltE hereby"states that lie is atforiiey 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 m Mortgage Foreclosure ai•e based upon information supplied by Plaintiff and are true and,Q v...:. _ correct to the best of his knowledge, information and belief.... - The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff EXHIBIT B 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. V. Plaintiff, ALFRED J. MCCLINTOCK, JR. DENISE A. MCCLINTOCK A/K/A DENISE TRAVIS CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4141 CIVIL TERM ?. c 3.,.1>si f ?. v Defendant(s). r . r fi t„j 0 ii..::x.:. iti ??i? 3. ?Y 1 r C' PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO,r= Mr- ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against ALFRED I _MCCLINTOCK, JR. and DENISE A. MCCLINTOCK AWA DENISE TRAVIS 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 7/20/06 to 12/27/06 TOTAL $106,854.15 $3,137.89 $109,992.04 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. ATTORNNEY FILE COPY PLEASE RETURN DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDIC. DATE: ,2, 137711 VERIFICATION I, Sheetal R. Shah-Jani, Esquire, hereby state that I am the attorney for the Plaintiff herein and am authorized to make this verification. I hereby verify that the information contained in Plaintiff's Petition for Supplementary Relief in Aid of Execution Pursuant to Rule 3118 to Amend Name is true and correct to the best of my knowledge, information and belief. I am aware that this verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, Dated: PHELAN HALLINAN & SCHMIEG, LLP By: [?dlJ"`'LR/ Sheetal R. Shah-Jani, E Attorney I.D. 81760 One Penn Center Plaza, Philadelphia, PA 19103 Attorney for Plaintiff 1 PHELAN HALLINAN & SCHMIEG, LLP By: SHEETAL R. SHAH-JANI, ESQUIRE Atty. I.D. No. 81760 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF Wells Fargo Bank, N.A. 3476 Stateview Boulevard Fort Mill, SC 29715 COURT OF COMMON PLEAS Plaintiff CIVL DIVISION V. CUMBERLAND COUNTY Alfred J. McClintock, Jr. NO. AD-06-10702 Denise A. McClintock 5254 Terrace Road Mechanicsburg, PA 17050 Defendants CERTIFICATE OF SERVICE I, Sheetal R. Shah-Jani, Esquire, hereby certify that true and correct copies of the Plaintiff's Petition for Supplementary Relief in Aid of Execution Pursuant to Rule 3118 to Amend Name, Brief, Rule, and this Certificate were served upon the following: Alfred J. McClintock, Jr. Denise A. McClintock 5254 Terrace Road Mechanicsburg, PA 17050 Dated: T-T Michael S. Travis 3904 Trindle Road Camp Hill, PA 17011 Respectfully submitted, PHELAN HALLINAN & By: R. Shah-Jani, LLP ?? C~? c'" ---? .--? -ri ? ?} ? ? s _ .r,, -- ?? ? PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Phone: 215-563-7000 Fax: 215-563-4491 sheetal.shahjani@fedphe.com Sheetal R. Shah-Jani, Esquire Litigation Department April 27, 2007 Office of the Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 VIA OVERNIGHT MAIL Representing Lenders in Pennsylvania & New Jersey RE: Wells Fargo Bank, N.A. v. Alfred J. McClintock, Jr., et al. Cumberland County CCP Docket No. 06-4141 Civil Term Dear Prothonotary: Pursuant to Judge Guido's request and instructions, please find enclosed for filing in the above referenced action a Petition for Supplementary Aid of Execution Pursuant to Rule 3118 to Amend Name, Brief in Support thereof, Rule, and Certificate of Service. Please forward the time-stamped originals to the Court Administrator to be delivered to Judge Guido for her consideration. Please return copies of the time-stamped originals to me via the self-addressed, stamped envelope I have enclosed. Should you have any questions, please do not hesitate to contact me. V21y truly yours,A -J Enclosures cc: Alfred J. McClintock, Jr. and Denise A. McClintock Michael S. Travis, Esquire * Please be advised that this firm is a debt collector attempting to collect a debt. Any information received 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. v Defendants COURT OF COMMON PLEAS CIVL DIVISION CUMBERLAND COUNTY NO. AD-06-10702 • 010-?1 ?!l CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the Rule Returnable dated May 7, 2007 regarding Plaintiff's Petition for Supplementary Relief in Aid of Execution Pursuant to Pa.R.C.P. 3118 to Amend Name was served by regular mail on the following parties on the date listed below: PHELAN HALLINAN & SCHMIEG, LLP BY: SHEETAL R. SHAH-JANI, ESQUIRE Identification No.: 81760 ATTORNEY FOR PLAINTIFF One Penn Center at Suburban Station 1617 J.F.K. Blvd. - Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A. 3476 Stateview Boulevard Fort Mill, SC 29715 V. Plaintiff Alfred J. McClintock, Jr. Denise A. McClintock 5254 Terrace Road Mechanicsburg, PA 17050 Alfred J. McClintock, Jr. Denise A. McClintock 5254 Terrace Road Mechanicsburg, PA 17050 DATE: ?' ?- I O Michael S. Travis, Esquire 3904 Trindle Road Camp Hill, PA 17011 BY: .4 0 4w S eetal R. S ah-Jani, Esq ire Attorney for Plaintiff a CD 3 -r, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. 3476 Stateview Boulevard Fort Mill, SC 29715 Plaintiff V. Alfred J. McClintock, Jr. Denise A. McClintock 5254 Terrace Road Mechanicsburg, PA 17050 Defendants COURT OF COMMON PLEAS : CIVL DIVISION NO. AD-06-10702 ORDER AND NOW, this 7 day of , 2007, upon consideration of Plaintiff's Petition for Supplementary Relief in Aid of Execution Pursuant to Rule 3118 to Amend Name and any response thereto, it is hereby ORDERED and DECREED that: 1. The term "a/k/a Denise Travis" shall be removed from the name of Defendant Denise A. McClintock; and 2. The Defendant Denise A. McClintock shall remain as a party to this action; and 3. The Prothonotary of Cumberland County will r e all re ences to "a/k/a Denise Travis" from the record, case caption, and ocket tex foreclosure action. J. A-wy JouO Shaw, 61 - de14,,&W 1,/7/0? Mailed 46 4AS - 6, -7-67 ba n ? o -7 ?-- 1 C 5-m Bank of New York, as Trustee for Certificate In The Court of Common Pleas of Holders of CWABS 2005-BC3 Cumberland County, Pennsylvania VS Writ No. 2006-4141 Civil Term Alfred J. McClintock, Jr. and Denise A. McClintock a/k/a Denise Travis Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on March 22, 2007 at 1950 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: Denise A. McClintock a/k/a Denise Travis, by making known unto Denise McClintock, personally, at 222 E. Main Street, Shiremanstown, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he made a diligent search and inquiry for the within named defendant, to wit: Alfred J. McClintock, Jr., but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. York County Return: And Now, February 27, 2007 at 1227 hrs served the within Real Estate Writ, Notice of Sale and Description upon the within named defendant, to wit: Alfred J. McClintock, Jr., by handing to Dohar Parapat, adult in charge for Alfred J. McClintock, Jr., at 191 Silver Spur Drive, Apt. B1, York, PA and making known unto him the contents thereof. So answers: William Hose, Sheriff of York County, Pennsylvania. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 13, 2007 at 13 10 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 Alfred J. McClintock, Jr. and Denise A. McClintock a/k/a Denise Travis located at 5254 Terrace Road, 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: Alfred J. McClintock Jr. and Denise A. McClintock a/k/a Denise Travis, by regular mail to their last known addresses of 191 Silver Spur Drive, Apt. B1, York, PA 17402 and 5254 Terrace Road, Mechanicsburg, PA 17050, respectively. These letters were mailed under the date of April 3, 2007 and never returned to he 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 30.00 Poundage 2,401.40 Advertising 15.00 Posting Handbills 15.00 Mileage 24.96 Levy 15.00 Surcharge 30.00 Law Library .50 Prothonotary 1.00 Out of County 9.00 York County 28.82 Share of Bills 16.17 Law Journal 355.00 Patriot News 171.24 ? $3,113.09 lam, R. Thomas Kline, Sheriff BY . Real Estate ergeant Ck-5 q5/Z 4, lqtr'FI-3 w. M WELLS FARGO BANK, N.A. . CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS ALFRED J. MCCLINTOCK, JR. CIVIL DIVISION DENISE A. MCCLINTOCK A/K/A DENISE TRAVIS NO. 06-4141 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 ,5254 TERRACE ROAD, MECHANICSBURG, PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ALFRED J. MCCLINTOCK, JR. DENISE A. MCCLINTOCK A/K/A DENISE TRAVIS 191 SILVER SPUR DRIVE, APT. B1 YORK, PA 17402 5254 TERRACE ROAD MECHANICSBURG, PA 17050 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) PALISADES COLLECTION, LLC, ASSIGNEE OF PROVIDIAN BANK PO BOX 1244 ENGLEWOOD CLIFFS, NJ 07632 r 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) MERS, AS NOMINEE FOR HOUSEHOLD G4318 MILLER ROAD FINANCE CORPORATION FLINT, MI 48501 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 5254 TERRACE ROAD MECHANICSBURG, PA 17050 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. December 27, 2006 DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff WELLS FARGO BANK, N.A. Plaintiff, V. ALFRED J. MCCLINTOCK, JR. DENISE A. MCCLINTOCK A/K/A DENISE TRAVIS Defendant(s). TO: ALFRED J. MCCLINTOCK, JR. 191 SILVER SPUR DRIVE, APT. B1 YORK, PA 17402 December 27, 2006 DENISE A. MCCLINTOCK A/K/A DENISE TRAVIS 5254 TERRACE ROAD MECHANICSBURG, PA 17050 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * . Your house (real estate) at, 5254 TERRACE ROAD, MECHANICSBURG, PA 17050, is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $109,992.04 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. CUMBERLAND COUNTY No. 06-4141 CIVIL TERM 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. f The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find this has happened, you may call (717) 240-6390. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the prope 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 PROPERTY SITUATED IN THE TOWNSHIP OF HAMPDEN IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A FEE DIMPLE DEED DATED 08/31/1990 AND RECORDED 09/05/1990, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN VOLUME 34T PAGE 555. TAX PARCEL ID: 10=18-1319-170 ADDRESS: 5254 TERRACE ROAD MECHANICSBURG, PA 17055 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Alfred J. McClintock, Jr. and Denise A. McClintock, husband and wife, by Deed from Robert W. Kraly and Mildred C. Kraly, husband and wife, dated 08/31/1990, recorded 09/05/1990, in Deed Book 34-T, page 555. . WRIT OF EXECUTION and/or ATTACHMENT 11 COMMONWEALTH OF PENNSYLVANIA) NO 06-4141 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 ALFRED J. MCCLINTOCK, JR., DENISE A. MCCLINTOCK A/K/A DENISE TRAVIS (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 $109,992.04 L.L. $.50 Interest FROM 12/27/06 TO 6/13/07 (PER DIEM - $18.08) - $3,307.44 AND COSTS Atty's Comm % Atty Paid $326.36 Plaintiff Paid Due Prothy $1.00 Other Costs Date: JANUARY 4, 2007 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE - A4 . A-1?? '11) ? 1%--2. Curtis R. Long, Prothonotary B: Ciao Deputy Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 11 On January 25, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 5254 Terrace Road, Mechanicsburg, Hampden Township, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: January 25, 2007 By: j6o?" Real Estate Sergeant i i1 :11 V 6- ?OlvF Lo 0z Cv THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 18th and 25th day(s) of April 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#11 ... ........ ;>?-? Sworn to and subscribed before me this 18th day of May 2007 A.D. I90tarial Seal Term ±., i3ussell, Notary Public C?ty Of Harri rg, Dauphin County ? Nor Con?rn+ 6o Expires June 05, 2010 ? Mejber. boWv( n4',?jsAia0npf Notaries Y PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 _? f ` PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz April 20, 27, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. I 2-e-A' is arie Coyne, itor 6 - I SWORN TO AND SUBSCRIBED before me this 27 day of April, 2007 NOTARIAL SEAL - LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 l1iAL 1 ffATX iYi NO. 11 Writ No. 2006-4141 Civil Wells Fargo Bank, N.A. VS. Alfred J. McClintock, Jr. and Denise A. McClintock a/k/a Denise Travis Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN property situated in the Township of Hamp- den in the County of Cumberland and Commonwealth of Pennsylva- nia, being more fully described in a fee simple deed dated 08/31/1990 and recorded 09/05/1990, among the land records of the county and state set forth above, in Volume 34T Page 555. TAX PARCEL ID: 10-18-1319- 170. ADDRESS: 5254 Terrace Road, Mechanicsburg, PA 17055. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Alfred J. McClintock, Jr. and Denise A. McClintock, hus- band and wife, by Deed from Rob- ert W. Kraly and Mildred C. Kraly, husband and wife, dated 08/31/ 1990, recorded 09/05/1990, in Deed Book 34-T, page 555. r-r PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A. 3476 Stateview Boulevard Fort Mill, SC 29715 Plaintiff VS. Alfred J. McClintock Denise A. McClintock 5254 Terrace Road Mechanicsburg, PA 17050 Defendants TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No.: 06-4141 AD-06-10702 PRAECIPE Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. X Please mark Judgments satisfied and the Action settled, discontinued and ended. 137711 Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: rancis S. Hallinan, Esquire Attorney for Plaintiff 137711 T-n ? ?t1