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HomeMy WebLinkAbout06-4156PHELAN 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 137940 WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. KENNETH E. ZEIGLER, JR. A/K/A KENNETH L. ZEIGLER, JR. VALERIE D. ZEIGLER 215 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. n(o - CUMBERLAND COUNTY elot ? 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 #: 137940 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 #: 137940 1. Plaintiff is WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: KENNETH E. ZEIGLER, JR. A/K/A KENNETH L. ZEIGLER JR. VALERIE D. ZEIGLER 215 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 07/3/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1832, Page: 059. 4. The premises subject to said mortgage is described as attached. S. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2006 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 #: 137940 6. The following amounts are due on the mortgage: Principal Balance $73,214.75 Interest 1,557.74 03101/2006 through 07/20/2006 (Per Diem $10.97) Attorney's Fees 1,225.00 Cumulative Late Charges 64.71 07/31/2003 to 07/20/2006 Cost of Suit and Title Search 550.00 Subtotal $ 76,612.20 Escrow Credit 0.00 Deficit 0.00 Subtotal 0.00 TOTAL $ 76,612.20 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 76,612.20, together with interest from 07/20/2006 at the rate of $10.97 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: ??s/FrancisJS.?nan?/.r``.• LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 137940 LEGAL DESCRIPTION THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE COUNTY OF CUMBERLAND, STATE OF PENNSYLVANIA IS AS FOLLOWS: THE FOLLOWING DESCRIBED REAL PROPERTY IS LOCATED IN CUMBERLAND COUNTY OF PENNSYLVANIA ALL THOSE CERTAIN TWO TRACTS SITUATE IN SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT TRACT NO. 1BEGINNING AT A POINT MARKED BY AND IRON PIN IN THE CENTER OF MOUNTAIN STREET (NOW ZION ROAD) OF THE BOROUGH OF MOUNT HOLLY SPRINGS, EXTENDED, BEING IN THE DIVIDING LINE BETWEEN LOT NOS. 8 AND 9 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE BY THE CENTERLINE OF SAID MOUNTAIN STREET, NORTH 21 DEGREES 84 MINUTES EAST, SEVENTY-THREE AND FIVE TENTHS (73.5) FEET TO A POINT MARKED BY AN IRON PIN; THENCE BY THE LINE OF LANDS NOW OR FORMERLY OF RICHARD L. MOTTER ET. UX. KNOWN AS LOT NO. 10 ON THE HEREINAFTER MENTIONED PLAN OF LOTS, NORTH 75 DEGREES 25 MINUTES WEST, ONE HUNDRED TWENTY-SIX (126) FEET, MORE OR LESS, TO A POINT; THENCE IN A SOUTHWESTERLY DIRECTION CONTINUING BY THE LINE OF OTHER LANDS NOW OR FORMERLY OF RICHARD L. MOTTER ET. UX. FIFTY-FIVE AND FIVE TENTHS (55.5) FEET, MORE OR LESS, TO THE LINE OF LOTNO. 8; THENCE IN A SOUTHEASTERLY DIRECTION BY THE LINE OF LOT NO. 8, ONE MOUNTAIN STREET, EXTENDED, THE PLACE OF BEGINNING, BEING LOT NO.9 ON A PLAN LAID OUT FOR RICHARD L. MOTTER AND LANE M. MOTTER, HIS WIFE, BY CLARK A. BRYAN, REGISTERED ENGINEER, DATED MAY, 1947, TRACT NO.2BEGINNING AT AN IRON PIN IN THE CENTER OF MOUNTAIN STREET (NOW ZION ROAD) EXTENDED, OF THE BOROUGH OF MOUNT HOLLY SPRINGS; THE SAID POINT BEING THE SOUTHEAST CORNER OF LOT NO. 10 ON THE HEREINAFTER MENTIONED PLAN OF LOTS AND A COMMON CORNER OF TRACT NO. 1 HEREONF AND OTHER LAND NOW OR FORMERLY OF RICHARD L. MOTTER ET. UX.; THENCE BY THE CENTER LINE OF SAID STREET NORTH 21 DEGREES 66 MINUTES EAST, FIFTY (50) FEET TO A POINT; THENCE BY OTHER LAND NOW OR FORMERLY OF RICHARD L. MOTTER ET. UX. NORTH 75 DEGREES 25 MINUTES WEST, TWO HUNDRED SEVENTY-NINE (279) FEET, MORE OR LESS, TO A POINT ON THE WESTERN LINE OF LOT NO. 10; THENCE BY THE WESTERN LINE OF SAID LOT SOUTH 25 DEGREES 23 MINUTES WEST, FIFTY (50) FEET, MORE OR LESS, TO A POINT THE SOUTHWESTERN CORNER OF SAID LOT; THENCE BY THE SOUTHERN LINE OF SAID LOT SOUTH 75 DEGREES 25 MINUTES EAST, TWO HUNDRED EIGHTY AND FIVE TENTHS (280.5) FEET, MORE OR LESS, TO THE PLACE OF BEGINNING BEING THE SOUTHERN FIFTY (50) FEET OF LOT NO. 10 ON THE PLAN OF LOTS LAID OUT FOR RICHARD L. MOTTER BY CLARK A. BRYAN, REGISTERED SURVEYOR, IN MAY 1947 HAVING ERECTED THEREON A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 215 ZION ROAD, MT. HOLLY SPRINGS, PENNSYLVANIA, TAX ID: 40-32-2338-003 PROPERTY BEING: 215 ZION ROAD File ft: 137940 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R_ C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel . The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: / 0 Lit 14. c F .. _l , I i? 4 04e) 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., SB/M TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff : COURT OF COMMON PLEAS CIVIL DIVISION VS. KENNETH E. ZEIGLER A/K/A KENNETH L. ZEIGLER, JR. VALERIE D. ZEIGLER Defendants CUMBERLAND County No. 06-4156 PRAECIPE TO REINSTATE C M 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: 0-- FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: AMst 30.2006 /Icf, Svc Dept. File# 137940 N 7l7 Y l y N .' V- SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-04156 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS ZEIGLER KENNETH E 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 ZEIGLER KENNETH E JR AKA KENNETH L ZEIGLER JR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT KENNETH L ZEIGLER JR 215 ZION ROAD NOT FOUND , as to ZEIGLER KENNETH E JR AKA MT HOLLY SPRINGS, PA 17065 DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. PROPERTY APPEARS TO BE VACANT. Sheriff's Costs: So answeizs- _ Docketing 18.00 Service 5.28 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County 38.28+ PHELAN HALLINAN SCHMIEG 1/7?(q ? 08/03/2006 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-04156 P , COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS ZEIGLER KENNETH E 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 ZEIGLER VALERIE D but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT ZEIGLER VALERIE D 215 ZION ROAD MT HOLLY SPRINGS, PA 17065 DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. PROPERTY APPEARS TO BE VACANT. Sheriff's Costs: So answers , Docketing 6.00 Service .00 - f Not Found 5.00 7 R.-T o s Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00v/ PHELAN HALLINAN SCHMIEG 4 OPsl,l' 08/03/2006 Sworn and Subscribed to before me this day of , A. D. Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 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., SB/M To Wells Fargo Home Mortgage, Inc. vs. Kenneth E. Zeigler, Jr. a/k/a Kenneth L. Zeigler, Jr. Valerie D. Zeigler Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 06-4156 MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, L.L.P., moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendants, Kenneth E. Zeigler, Jr. aWa Kenneth L. Zeigler, Jr. and Valerie D. Zeigler, by first class mail and certified mail to the mortgaged premises, 215 Zion Road, Mount Holly Springs, PA 17065, and in support thereof avers the following: 1. Attempts to serve Defendants, Kenneth E. Zeigler, Jr. a/k/a Kenneth L. Zeigler, Jr. and Valerie D. Zeigler, with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendants at the mortgaged premises, 215 Zion Road, Mount Holly Springs, PA 17065. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", no service was made as the property is vacant. 2. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendants. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". a 3. Plaintiff has reviewed its internal records and has not been contacted by the Defendants as of August 31, 2006 to bring loan current. 4. Plaintiff submits that it has made a good faith effort to locate the Defendants but has been unable to do so. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail and certified mail. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. By: , ) " c 's' Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: August 31, 2006 ?? ?? .,?? ?? ? ? i ` .:,. «f.? •? ± ^?? 1 r 7. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., S/B/M To Wells Fargo Home Mortgage, Inc. CIVIL DIVISION VS. NO. 06-4156 Kenneth E. Zeigler, Jr. a/k/a Kenneth L. Zeigler, Jr. Valerie D. Zeigler ORDER AND NOW, this day of , 2006, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on the above captioned Defendants, Kenneth E. Zeigler, Jr. a/k/a Kenneth L. Zeigler, Jr. and Valerie D. Zeigler, by: 1. First class mail to Kenneth E. Zeigler, Jr. a/k/a Kenneth L. Zeigler, Jr. and Valerie D. Zeigler at the mortgaged premises located at 215 Zion Road, Mount Holly Springs, PA 17065; and 2. Certified mail to Kenneth E. Zeigler, Jr. a/k/a Kenneth L. Zeigler, Jr. and Valerie D. Zeigler at the mortgaged premises located at 215 Zion Road, Mount Holly Springs, PA 17065. BY THE COURT: J. ? a . OCT 1206 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., SB/M To Wells Fargo Home Mortgage, Inc. CIVIL DIVISION VS. NO. 06-4156 Kenneth E. Zeigler, Jr. a/k/a Kenneth L. Zeigler, Jr. Valerie D. Zeigler I A ORDER AND NOW, this l day of '2006, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on the above captioned Defendants, Kenneth E. Zeigler, Jr. a/k/a Kenneth L. Zeigler, Jr. and Valerie D. Zeigler, by: 1. First class mail to Kenneth E. Zeigler, Jr. a/k/a Kenneth L. Zeigler, Jr. and Valerie D. Zeigler at the mortgaged premises located at 215 Zion Road, Mount Holly Springs, PA 17065; and 2. Certified mail to Kenneth E. Zeigler, Jr. a/k/a Kenneth L. Zeigler, Jr. and Valerie D. Zeigler at the mortgaged premises located at 215 Zion Road, Mount Holly Springs, PA 17065. J. F ? ?ti'k _e 21 :C t; III [10190oz 3Nl 20 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., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff : COURT OF COMMON PLEAS CIVIL DIVISION vs. KENNETH E. ZEIGLER, JR. A/K/A KENNETH L. ZEIGLER, JR. VALERIE D. ZEIGLER Defendants : CUMBERLAND County No. 06-4156 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: 3--? FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: November 29, 2006 /lcf, Svc Dept. File# 137940 ? r-a a PHELAN HALLINAN & SCHMIEG LLP By: Lawrence T. Phelan, Esc., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (21-5) 563-7000 Wells Fargo Bank, N.A., s/b,'m to Wells Fargo Home Mortgage, Inc. Plaintiff VS. Kenneth E. Zeigler, Jr. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION a/k/a Kenneth L. Zeigler, Jr, CUMBERLAND COUNTY Valerie D. Zeigler Defendant(s) NO. 06-4156 AFFIDAVIT OF SERVICE OF COMPLAINT $V MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons, Kenneth E. Zeigler, Jr. a/k/a Kenneth L. Zeigler, Jr. and Valerie D. Zeigler at 215 Zion Road, Mount Holly Springs, PA 17065, on December 5, 2006, in accordance with the Order of Court dated November 13, 2006. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: December 5,2006. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff CrN f'aq` X4,7 y 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., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. CUMBERLAND COUNTY 3476 STATEVIEW BOULEVARD COURT OF COMMON PLEAS FORT MILL, SC 29715 Plaintiff, V. CIVIL DIVISION NO. 06-4156 KENNETH E. ZEIGLER, JR. A/K/A KENNETH L. ZEIGLER, JR. VALERIE D. ZEIGLER Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against KENNETH E. ZEIGLER, JR. A/K/A KENNETH L. ZEIGLER, JR. and VALERIE D. ZEIGLER, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 7/21/06 to 1/30/07 TOTAL $76,612.20 $2128.18 $78,740.38 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. Attorney DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: aoo7 PRO ROTHY 137940 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., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD Plaintiff, V. ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4156 KENNETH E. ZEIGLER, JR. A/K/A KENNETH L. ZEIGLER, JR. VALERIE D. ZEIGLER 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 KENNETH E. ZEIGLER, JR. A/K/A KENNETH L. ZEIGLER, JR. is over 18 years of age and resides at, 215 ZION ROAD, SOUTH MIDDLE, PA 17065. (c) that defendant VALERIE D. ZEIGLER is over 18 years of age, and resides at, 215 ZION ROAD, SOUTH MIDDLE, PA 17065. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Attorney for e s- ?. g J v W V (A I in .F f -11 `-err ?C (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., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD Plaintiff, V. KENNETH E. ZEIGLER, JR. A/K/A KENNETH L. ZEIGLER, JR. VALERIE D. ZEIGLER CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4156 Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 2007. By: If you have any questions concerning this matter, please contact: G. tCHMIE , SQUIRE for lainti ONE PET? ENTE A SUBURBAN STATION 1617 JO W. 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." M? r? PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, V. No. 06-4156 KENNETH E. ZEIGLER, JR. A/K/A KENNETH L. ZEIGLER, JR. VALERIE D. ZEIGLER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $78,740.38 Interest from 1/30/07 to 6/13/07 (per diem -$12.94) TOTAL Add'1 fees $1733.96 and Costs $82,103.38 29.04 DANIE G. S ESQUIRE One Pe C ter Sub an Station 1617 Jo . Ke oulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 137940 <C H W? ?d a v' ? H owe da ,?? 0 0 ox U Ww as ?v 4 W N a H WW ?w n ` p ?w ca.7 W w H w? oU H c 00, 00 a? V 1w is• ao c ww AA 00 ?d p0 a 45 I V , ?? yI Q• ti -Ir rr 4 ? Z" t ,. ?r? r .y DESCRIPTION ALL THOSE CERTAIN two tracts situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: TRACT NO. 1 BEGINNING at a point marked by an iron pin in the center of Mountain Street (now Zion Road) of the Borough of Mount Holly Springs, extended, being in the dividing line between Lot Nos. 8 and 9 on the hereinafter mentioned Plan of Lots; thence by the centerline of said Mountain Street, North 21 degrees 84 minutes East, seventy-three and five tenths (73.5) feet to a point marked by an iron pin; thence by the line of lands now or formerly of Richard L. Motter et. ux. known as Lot No. 10 on the hereinafter mentioned Plan of Lots, North 75 degrees 25 minutes West, one hundred twenty-six (126) feet, more or less, to a point; thence in a southwesterly direction continuing by the line of other lands now or formerly of Richard L. Motter et. ux. fifty-five and five tenths (55.5) feet, more or less, to the line of Lot No. 8; thence in a southeasterly direction by the line of Lot No. 8, one hundred twenty-five (125) feet to a point in the center of Mountain Street, extended, the place of BEGINNING. BEING Lot No. 9 on a Plan laid out for Richard L. Motter and Lena M. Motter, his wife, by Clark A. Bryan, Registered Engineer, dated May, 1947. TRACT NO.2 BEGINNING at an iron pin in the center of Mountain Street (now Zion Road) extended, of the Borough of Mount Holly Springs; the said point being the Southeast corner of Lot No. 10 on the hereinafter mentioned Plan of Lots and a common corner of Tract No. 1 hereof and other land now or formerly of Richard L. Motter et. ux.; thence by the center line of said street North 21 degrees 55 minutes East, fifty (50) feet to a point; thence by other land now or formerly of Richard L. Molter et. ux. North 75 degrees 25 minutes West, two hundred seventy-nine (279) feet, more or less, to a point on the western line of Lot No. 10; thence by the western line of said Lot South 25 degrees 23 minutes West, fifty (50) feet, more or less, to a point the Southwestern corner of said Lot; thence by the Southern line of said Lot South 75 degrees 25 minutes East, two hundred eighty and five tenths (280.5) feet, more or less, to the place of BEGINNING BEING the Southern fifty (50) feet of Lot No. 10 on the Plan of Lots laid out for Richard L. Molter by Clark A. Bryan, Registered Surveyor, in May, 1947. HAVING ERECTED THEREON a dwelling house being known and numbered as 215 Zion Road, Mt. Holly Springs, Pennsylvania. BEING the same premises which Shirley Mummert and Rogene Wallace, Executrices of the Estate of Mary E. Baker, deceased, late of South Middleton Township, Cumberland County, Pennsylvania, by deed dated April 28, 1995 and recorded May 22, 1995 in the Cumberland County Recorder of Deeds Office in Deed Book 122, Page 433, granted and conveyed unto Albert J. Hykes and Sharon L. Hykes, his wife, the Grantors herein. PARCEL IDENTIFICATION NO: 40-32-2338-003 Premises: 215 Zion Road, Mt. Holly Springs, PA 17065 South Middleton Cumberland County RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Kenneth E. Zeigler, Jr. and Valerie D. Zeigler, his wife, by Deed from Albert J. Hykes and Sharon L. Hykes, his wife, dated 12/12/1996, recorded 12/12/1996, in Deed Book 150, page 527. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-4156 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK N A S/B/M TO WELLS FARGO HOME MORTGAGE INC Plaintiff (s) From KENNETH E ZEIGLER, JR A/K/A KENNETH L ZEIGLER JR VALERIE D ZEIGLER (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 $ 78,740.38 L.L.$ 0.50 Interest FROM 1/30/07 TO 6/13/07 (PER DIEM - $12.94) $1733.96 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $141.28 Plaintiff Paid Other Costs ADD'L FEES $ 1629.04 Date: FEBRUARY 1, 2007 (Seal) 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 Curt' R. Long, Pro otary By: Deputy 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., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. CIVIL DIVISION KENNETH E. ZEIGLER, JR. A/K/A KENNETH L. NO. 06-4156 ZEIGLER, JR. VALERIE D. ZEIGLER Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: Q an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Attorney -TI .. ! E5 _`?? aOCT 11 20M IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., S/B/M To Wells Fargo Home Mortgage, Inc. CIVIL DIVISION VS. NO. 06-4156 Kenneth E. Zeigler, Jr. a/k/a Kenneth L. Zeigler, Jr. Valerie D. Zeigler jj A ORDER AND NOW, this (3 day of , 2006, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on the above captioned Defendants, Kenneth E. Zeigler, Jr. a/k/a Kenneth L. Zeigler, Jr. and Valerie D. Zeigler, by: 1. First class mail to Kenneth E. Zeigler, Jr. a/k/a Kenneth L. Zeigler, Jr. and Valerie D. Zeigler at the mortgaged premises located at 215 Zion Road, Mount Holly Springs, PA 17065; and 2. Certified mail to Kenneth E. Zeigler, Jr. a/k/a Kenneth L. Zeigler, Jr. and Valerie D. Zeigler at the mortgaged premises located at 215 Zion Road, Mount Holly Springs, PA 17065. J. WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, V. KENNETH E. ZEIGLER, JR. A/K/A KENNETH L. ZEIGLER, JR. VALERIE D. ZEIGLER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4156 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,215 ZION ROAD, MOUNT HOLLY SPRINGS, PA 17065. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KENNETH E. ZEIGLER, JR. A/K/A KENNETH L. ZEIGLER, JR. VALERIE D. ZEIGLER 215 ZION ROAD SOUTH MIDDLE, PA 17065 215 ZION ROAD SOUTH MIDDLE, PA 17065 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WACHOVIA BANK, NA 301 SOUTH COLLEGE ST., NC 0630 CHARLOTTE, NC 28288 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name COMMONWEALTH OF PA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY DEPT. OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM Last Known Address (if address cannot be reasonably ascertained, please indicate) 6TH FL. STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BLDG. HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 215 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 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 January 30, 2007 DATE G. C7? ?' ?, ...? cry ,,? ..r -'c'± ? _-?+w., ..-JU' ?; °-. , 1 r ` ' c';;a -;?? ?? WELLS FARGO BANK, N.A., S/B/M TO WELLS CUMBERLAND COUNTY FARGO HOME MORTGAGE, INC. Plaintiff, No. 06-4156 V. KENNETH E. ZEIGLER, JR. A/K/A KENNETH L. ZEIGLER, JR. VALERIE D. ZEIGLER Defendant(s). January 30, 2007 TO: KENNETH E. ZEIGLER, JR. A/K/A KENNETH L. ZEIGLER, JR. VALERIE D. ZEIGLER 215 ZION ROAD 215 ZION ROAD SOUTH MIDDLE, PA 17065 SOUTH MIDDLE, PA 17065 "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 AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 215 ZION ROAD, MOUNT HOLLY SPRINGS, PA 17065, is scheduled to be sold at the Sheriffs Sale on 6/13/07 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $78,740.38 obtained by WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THOSE CERTAIN two tracts situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: TRACT NO. 1 BEGINNING at a point marked by an iron pin in the center of Mountain Street (now Zion Road) of the Borough of Mount Holly Springs, extended, being in the dividing line between Lot Nos. 8 and 9 on the hereinafter mentioned Plan of Lots; thence by the centerline of said Mountain Street, North 21 degrees 84 minutes East, seventy-three and five tenths (73.5) feet to a point marked by an iron pin; thence by the line of lands now or formerly of Richard L. Motter et. ux. known as Lot No. 10 on the hereinafter mentioned Plan of Lots, North 75 degrees 25 minutes West, one hundred twenty-six (126) feet, more or less, to a point; thence in a southwesterly direction continuing by the line of other lands now or formerly of Richard L. Molter et. ux. fifty-five and five tenths (55.5) feet, more or less, to the line of Lot No. 8; thence in a southeasterly direction by the line of Lot No. 8, one hundred twenty-five (125) feet to a point in the center of Mountain Street, extended, the place of BEGINNING. BEING Lot No. 9 on a Plan laid out for Richard L. Motter and Lena M. Molter, his wife, by Clark A. Bryan, Registered Engineer, dated May, 1947. TRACT NO.2 BEGINNING at an iron pin in the center of Mountain Street (now Zion Road) extended, of the Borough of Mount Holly Springs; the said point being the Southeast corner of Lot No. 10 on the hereinafter mentioned Plan of Lots and a common corner of Tract No. 1 hereof and other land now or formerly of Richard L. Molter et. ux.; thence by the center line of said street North 21 degrees 55 minutes East, fifty (50) feet to a point; thence by other land now or formerly of Richard L. Motter et. ux. North 75 degrees 25 minutes West, two hundred seventy-nine (279) feet, more or less, to a point on the western line of Lot No. 10; thence by the western line of said Lot South 25 degrees 23 minutes West, fifty (50) feet, more or less, to a point the Southwestern corner of said Lot; thence by the Southern line of said Lot South 75 degrees 25 minutes East, two hundred eighty and five tenths (280.5) feet, more or less, to the place of BEGINNING BEING the Southern fifty (50) feet of Lot No. 10 on the Plan of Lots laid out for Richard L. Motter by Clark A. Bryan, Registered Surveyor, in May, 1947. HAVING ERECTED THEREON a dwelling house being known and numbered as 215 Zion Road, Mt. Holly Springs, Pennsylvania. BEING the same premises which Shirley Mummert and Rogene Wallace, Executrices of the Estate of Mary E. Baker, deceased, late of South Middleton Township, Cumberland County, Pennsylvania, by deed dated April 28, 1995 and recorded May 22, 1995 in the Cumberland County Recorder of Deeds Office in Deed Book 122, Page 433, granted and conveyed unto Albert J. Hykes and Sharon L. Hykes, his wife, the Grantors herein. PARCEL IDENTIFICATION NO: 40-32-2338-003 Premises: 215 Zion Road, Mt. Holly Springs, PA 17065 South Middleton Cumberland County RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Kenneth E. Zeigler, Jr. and Valerie D. Zeigler, his wife, by Deed from Albert J. Hykes and Sharon L. Hykes, his wife, dated 12/12/1996, recorded 12/12/1996, in Deed Book 150, page 527. N CD AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. DEFENDANT(S) KENNETH E. ZEIGLER, JR. A/K/A KENNETH L. ZEIGLER, JR. VALERIE D. ZEIGLER SERVE KENNETH E. ZEIGLER, JR. A/K/A KENNETH L. ZEIGLER, JR. AT 215 ZION ROAD SOUTH MIDDLE, PA 17065 SERVED PAW CUMBERLAND COUNTY No. 06-4156 Our File. #137940 Type of Action - Notice of Sheriff's Sale Sale Date: 6/13/07 Served and made known to __ Iz C N n e h Ze ?` s? ?E+,r Defendant, on the day of lac b Y _ -!'u4/TV ., 200,E at :416 o'clock Im., at 21 S Z t`0 /? Rd . . Commonwealth of Pennsylvania, in the manner described below: -Pefendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is L-.1? ?e Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age RA 6' Height Weight I V Race W Sex F Other I, - (= ?• ?0 6 e r+-S a competent adult, being duly sworn according to law, depose and state that I a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on thrsonally e date and ate the address indicated above. Sworn to and s c i d bet?oe this da zuu,-. - 1-1/ 133r A E AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. ?? 14-, , PiMc NOT SERVED State o. :dew Jersey P_ATgl r On the 200_, at o'clock _.m., Defendant NOT FOUND because: CWNWon Expires June 16, 2008 Moved Unknown No Answer Vacant 18` Attempt: Time: 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 C`a c? `'? ?-;,,; , -'L"3 ^^? " o -? 3'Z", -' `rY . `_i ?? _,_ w ?? -T ;. ?. ?t? t'+,i '"? AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. DEFENDANT(S) KENNETH E. ZEIGLER, JR. A/K/A KENNETH L. ZEIGLER, JR. VALERIE D. ZEIGLER SERVE VALERIE D. ZEIGLER AT 215 ZION ROAD SOUTH MIDDLE, PA 17065 SERVED PAW CUMBERLAND COUNTY No. 06-4156 Our File. #137940 Type of Action - Notice of Sheriff's Sale Sale Date: 6/13/07 .Served and made known to -Vct P ?• z e ??? le ?' Defendant, on the 15 _ day of Fc 6/%Ck,-y , 200 -Tat : LW , o'clock -Y.m., at 2 l , Commonwealth of Pennsylvania, in the manner described below: _1?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 ppia ' 916;- Height J-47 " Weight 100 Race ,J Sex F Other I, G u ? F? ef`+4 a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. to and s"Ike d thi a Notar#: l If _ State G. i4ew Jersey PATRICIA ? June W, 2008 nmission Expires On the day of NOT SERVED 200at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1S` 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 l ?. By: AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. 2'd Attempt: / / Time: ,;?- ? .2- - 0 ; C=) -n -T, r -a yL - -Ti QZ5 PQ Wells Fargo Bank, N.A., s/b/m to Wells In the Court of Common Pleas of Fargo Home Mortgage, Inc. Cumberland County, Pennsylvania VS Writ No. 2006-4156 Civil Term Kenneth E. Zeigler, Jr. a/k/a Kenneth L. Zeigler, Jr. and Valerie D. Zeigler R. Thomas Kline, Sheriff, who being duly sworn according to law, states he made a diligent search and inquiry for the within named defendants, to wit: Kenneth E. Zeigler, Jr. a/k/a Kenneth L. Zeigler, Jr. and Valerie D. Zeigler, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description, in the above entitled action, according to law. Perry County Return: And Now, March 22, 2007 at 1252 hrs served the within Real Estate Writ, Notice of Sale, and Description upon the within named defendants, to wit: Kenneth E. Zeigler, Jr. a/k/a Kenneth L. Zeigler, Jr. and Valerie D. Zeigler, by handing to Kenneth Zeigler, personally and husband of Valerie D. Zeigler, at 9 Country Meadow Lane, New Bloomfield, PA and making known unto him the contents thereof. So answers: Carl Nace, Sheriff of Perry County, Pennsylvania. Cpl. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on April 19, 2007 at 0850 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 Kenneth E. Zeigler, Jr. a/k/a Kenneth L. Zeigler, Jr. and Valerie D. Zeigler, located at 215 Zion Road, Mt. Holly Springs, 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: Kenneth E. Zeigler Jr. a/k/a Kenneth L. Zeigler Jr. and Valerie D. Zeigler, by regular mail to their last known address of 9 Country Meadow Lane, New Bloomfield, PA 17068. These letters were mailed under the date of April 3, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of instruction from Attorney Daniel Schmieg. Sheriffs Costs: Docketing 30.00 Poundage 30.06 Advertising 30.00 Posting Handbills 30.00 Mileage 19.20 Levy 30.00 Surcharge 40.00 Prothonotary 1.00 Law Library .50 Out of County 9.00 Perry County 36.91 Share of Bills Law Journal Patriot News 16.17 689.00 571.10 $1,532.94 ? "7?a y?° 7 So Answers: ? &Agae R. Thomas Kline, Sheriff BYE ? Real Estate eputy 1. sb c42. 5 " ; ? WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, V. KENNETH E. ZEIGLER, JR. A/K/A KENNETH L. ZEIGLER, JR. VALERIE D. ZEIGLER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4156 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,215 ZION ROAD, MOUNT HOLLY SPRINGS, PA 17065. 1. Name and address of Owner(s) or reputed Owner(s): Name KENNETH E. ZEIGLER, JR. A/K/A KENNETH L. ZEIGLER, JR. VALERIE D. ZEIGLER Last Known Address (if address cannot be reasonably ascertained, please indicate) 215 ZION ROAD SOUTH MIDDLE, PA 17065 215 ZION ROAD SOUTH MIDDLE, PA 17065 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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) WACHOVIA BANK, NA 301 SOUTH COLLEGE ST., NC 0630 CHARLOTTE, NC 28288 5. Name and address of every other person who has any record lien on the property: r 'Name, None Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name COMMONWEALTH OF PA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY DEPT. OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM Last Known Address (if address cannot be reasonably ascertained, please indicate) 6TH FL. STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BLDG. HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 215 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 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 ma subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. January 30, 2007 DATE G. WELLS FARGO BANK, N.A., S/B/M TO WELLS CUMBERLAND COUNTY FARGO HOME MORTGAGE, INC. Plaintiff, No. 06-4156 V. KENNETH E. ZEIGLER, JR. A/K/A KENNETH L. ZEIGLER, JR. VALERIE D. ZEIGLER Defendant(s). January 30, 2007 TO: KENNETH E. ZEIGLER, JR. A/K/A KENNETH L. ZEIGLER, JR. VALERIE D. ZEIGLER 215 ZION ROAD 215 ZION ROAD SOUTH MIDDLE, PA 17065 SOUTH MIDDLE, PA 17065 "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 ITEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 215 ZION ROAD, MOUNT HOLLY SPRINGS, PA 17065, is scheduled to be sold at the Sheriffs Sale on 6/13/07 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $78,740.38 obtained by WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. I& You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the 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 DESCRIPTION ALL THOSE CERTAIN two tracts situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: TRACT NO. 1 BEGINNING at a point marked by an iron pin in the center of Mountain Street (now Zion Road) of the Borough of Mount Holly Springs, extended, being in the dividing line between Lot Nos. 8 and 9 on the hereinafter mentioned Plan of Lots; thence by the centerline of said Mountain Street, North 21 degrees 84 minutes East, seventy-three and five tenths (73.5) feet to a point marked by an iron pin; thence by the line of lands now or formerly of Richard L. Motter et. ux. known as Lot No. 10 on the hereinafter mentioned Plan of Lots, North 75 degrees 25 minutes West, one hundred twenty-six (126) feet, more or less, to a point; thence in a southwesterly direction continuing by the line of other lands now or formerly of Richard L. Motter et. ux. fifty-five and five tenths (55.5) feet, more or less, to the line of Lot No. 8; thence in a southeasterly direction by the line of Lot No. 8, one hundred twenty-five (125) feet to a point in the center of Mountain Street, extended, the place of BEGINNING. BEING Lot No. 9 on a Plan laid out for Richard L. Motter and Lena M. Motter, his wife, by Clark A. Bryan, Registered Engineer, dated May, 1947. TRACT NO.2 BEGINNING at an iron pin in the center of Mountain Street (now Zion Road) extended, of the Borough of Mount Holly Springs; the said point being the Southeast corner of Lot No. 10 on the hereinafter mentioned Plan of Lots and a common corner of Tract No. 1 hereof and other land now or formerly of Richard L. Motter et. ux.; thence by the center line of said street North 21 degrees 55 minutes East, fifty (50) feet to a point; thence by other land now or formerly of Richard L. Motter et. ux. North 75 degrees 25 minutes West, two hundred seventy-nine (279) feet, more or less, to a point on the western line of Lot No. 10; thence by the western line of said Lot South 25 degrees 23 minutes West, fifty (50) feet, more or less, to a point the Southwestern corner of said Lot; thence by the Southern line of said Lot South 75 degrees 25 minutes East, two hundred eighty and five tenths (280.5) feet, more or less, to the place of BEGINNING BEING the Southern fifty (50) feet of Lot No. 10 on the Plan of Lots laid out for Richard L. Motter by Clark A. Bryan, Registered Surveyor, in May, 1947. HAVING ERECTED THEREON a dwelling house being known and numbered as 215 Zion Road, Mt. Holly Springs, Pennsylvania. BEING the same premises which Shirley Mummert and Rogene Wallace, Executrices of the Estate of Mary E. Baker, deceased, late of South Middleton Township, Cumberland County, Pennsylvania, by deed dated April 28, 1995 and recorded May 22, 1995 in the Cumberland County Recorder of Deeds Office in Deed Book 122, Page 433, granted and conveyed unto Albert J. Hykes and Sharon L. Hykes, his wife, the Grantors herein. PARCEL IDENTIFICATION NO: 40-32-2338-003 Premises: 215 Zion Road, Mt. Holly Springs, PA 17065 South Middleton Cumberland County RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Kenneth E. Zeigler, Jr. and Valerie D. Zeigler, his wife, by Deed from Albert J. Hykes and Sharon L. Hykes, his wife, dated 12/12/1996, recorded 12/12/1996, in Deed Book 150, page 527. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N006-4156 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 SB/M TO WELLS FARGO HOME MORTGAGE INC Plaintiff (s) From KENNETH E ZEIGLER, JR A/K/A KENNETH L ZEIGLER JR VALERIE D ZEIGLER (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 $ 78,740.38 L.L.$ 0.50 Interest FROM 1/30/07 TO 6/13/07 (PER DIEM - $12.94) $1733.96 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $141.28 Plaintiff Paid Date: FEBRUARY 1, 2007 (Seal) Other Costs ADD'L FEES $ 1629.04 Curti ,KR. Long, Pro a By: Deputy REQUESTING PARTY: Name DANIEL G SCHMIEG ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA. 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 ?; Real Estate Sale # 38 On February 15, 2007 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 215 Zion Road, Mount Holly Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 15, 2007 9Z :b V X11 9JJ LOQI By: U b dq ?,? Real Estat Sergeant 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 and the 2nd day(s) of May 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#38 '116 110 Sworn to and subsQ4bcd„bafQr&ac a VAi clay aMay 2007 A.D. Notarial Seal Terry L. Russell, Notary P 01;c City Of Harrisburg, Dauphin Counly My Commission Expires June 5, 2010 Member. ennsvl ?a Association of Notaries f N ARY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Inc. YS l.1r. tttlttd' MrWIM Aft O'NSCAWMM iw m"WNW Nwa >I tttti 00a0mom0 u?l at tat . ? ? railwioe a pout ndood a 1>M ?e bwe of i ds ttrar +tc L Mom et. WL ]mown era . l0 thr hem mimtiawwd pie 4104,, *415 degrees 25 minim Weal, owe ku&ed twwy-six (126) jw? MM or ICK to A pint; ihewoe ! a by the Iron of other be& wow or J".,Jdy of Ridwd L. 'et uu. fifty-fee and five tends (55.5) Vioder ket, more of kss, to the line of Lot No. 8; thettco in a mm6emo* di by the line of Lot No. 8, owe hgodied eaty five (l25) feat b a point iw the Criss[ of > Suset, eruCWK tl 0*p of HE NG Lot Nd.9 on Xptid'oat fx Word L Mom tatd.Ltam bi."Kam his wife, by C1arh A' ll YiO6 dMad ft &a. TPAL" M& 2 ?1 A'err iwiftt it of 6mter d 'tMe n?ii Pao *0 $oil ptlt!routltlt at 1u. 10 on dr ! llir WFtt dm mow oemtr-of'fiiid*A Midtfmd other land [tow or fowwdty 4 #iC6rtt1"If:; man et wL, rhea by the oesuer'iite of said *cd North 21 depm M mime F>K W (" f4d to a point; thence by other lend wow or fomtedy of Richard L, Molter et. ua. North 75 ddgnees 25 mo*s west two hmdred seventy-wive {274) heat, mote or Jess, to a point on the rom m lip of Eat No. to-, &we by the west- line of mW, la Sonth25 d*m nrisitte * W* MY (* Wit, more or kw to a point ibe`8rattlhw*m emu of and Lm *mw by the 5mdm Roo afraid Lot Soatb 75 dope 25Mko is East, two htwAdted mgmy ad fin am&% (28[13) feet, mere arim,w oopimd BIDNG the S@WW st Bey •(S?l fmt *(-Lot No. Mon do i1111s?i?`? ter!"( ice L )w Wwbych*A-*4ft-muffl[e]IkdeI I u MAY, NM. 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 & May 4, 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 a5 V ';me, p -ice and character of publication are true. sa Marie Coyne ditor SWORN TO AND SUBSCRIBED before me this 4 day of M4L 2007 K? r SEAL L. _ ,, NJdary P_ih,ic 4 G: r,_'Cou?l t4arc'n REAL ESTATE BALE NO. 38 Writ No. 2006-4156 Civil Wells Fargo Bank. N.A., s/b/m to Wells Fargo Home Mortgage, Inc. VS. Kenneth E. Zeigler, Jr. a/k/a Kenneth L. Zeigler, Jr. and Valerie D. Zeigler Atty.: Daniel Schmieg DESCRIPTION ALL THOSE CERTAIN two tracts situate in South Middleton Town- ship, Cumberland County, Pennsyl- vania, bounded and described as follows, to wit: TRACT NO. 1 BEGINNING at a point marked by an iron pin in the center of Moun- tain Street (now Zion Road) of the Borough of Mount Holly Springs- extended, being in the dividing line between Lot Nos. 8 and 9 on the hereinafter mentioned Plan of Lots; thence by the centerline of said Mountain Street, North 21 degrees 84 minutes East, seventy-three and five tenths (73.5) feet to a point marked by an iron pin; thence by the line of lands now or formerly of Richard L. Motter et. ux. known as Lot No. 10 on the hereinafter men- tioned Plan of Lots, North 75 de- grees 25 minutes West, one hun- dred twenty-six (126) feet, more or less, to a point; thence in a south- westerly direction continuing by the line of other lands now or formerly of Richard L. Motter et. ux. fifty- five and five tenths (55.5) feet, more or less, to the line of Lot No. 8; thence in a southeasterly direction by the line of Lot No. 8, one hun- dred twenty-five (125) feet to a point in the center of mountain Street, extended, the place of BEGINNING. BEING Lot No. 9 on a Plan laid out for Richard L. Motter and Lena M. Motter, his wife, by Clark A. Bryan, Registered Engineer, dated May, 1947. TRACT NO. 2 BEGINNING at an iron pin in the center of Mountain Street (now Zion Road) extended, of the Borough of Mount Holly Springs; the said point being the Southeast corner of Lot No. 10 on the hereinafter mentioned Plan of Lots and a common corner of Tract No. 1 hereof and other land now or formerly of Richard L. Motter et. ux.; thence by the center line of said street North 21 degrees 55 minutes East, fifty (50) feet to a point; thence by other land now or formerly of Richard L. Motter et. ux. North 75 degrees 25 minutes West, two hundred seventy-nine (279) feet, more or less, to a point on the west- ern line of Lot No. 10: thence by the western line of said Lot South 25 degrees 23 minutes West, fifty (50) feet, more or less, to a point the Southwestern corner of said Lot; thence by the Southern line of said Lot South 75 degrees 25 minutes East, two hundred eighty and five tenths (280.5) feet, more or less, to the place of BEGINNING BEING the Southern fifty (50) feet of Lot No. 10 on the Plan of Lots laid out for Richard L. Motter by Clark A. Bryan, Registered Surveyor, in May, 1947. HAVING ERECTED THEREON a dwelling house being known and numbered as 215 Zion Road, Mt. Holly Springs, Pennsylvania. BEING the same premises which Shirley Mummert and Rogene Wallace, Executrices of the Estate of Mary E. Baker, deceased, late of South Middleton Township, Cum- berland County, Pennsylvania, by deed dated April 28, 1995 and re- corded May 22, 1995 in the Cumberland County Recorder of Deeds Office in Deed Book 122, Page 433, granted and conveyed unto AlbertJ. Hykes and Sharon L. Hykes, his wife, the Grantors herein. PARCEL IDENTIFICATION NO: 40-32-2338-003. Premises: 215 Zion Road, Mt. Holly Springs, PA 17065, South Middleton, Cumberland County. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Kenneth E. Zeigler, Jr. and Valerie D. Zeigler, his wife, by Deed from Albert J. Hykes and Sharon L. Hykes, his wife, dated 12/12/1996, recorded 12/12/ 1996, In Deed Book 150, page 527.