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Home My WebLink About03-0126FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 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 WELLS FARGO HOME MORTGAGE, INC. F/K/A NORWEST MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION RICHARD E. MARTIN JR NANCY L. MARTIN 723 CHARLES ROAD DAUPHIN, PA 17018 Plaintiff TERM CUMBERLAND COUNTY Defendant(s) .CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **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. ** 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 ajudgment 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 5352879NZB 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 WR/TING 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. 1. Plaintiff is WELLS FARGO HOME MORTGAGE, INC. F/K/A NORWEST MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 The name(s) and last known address(es) of the Defendant(s) are: RICHARD E. MARTIN JR NANCY L. MARTIN 723 CHARLES ROAD DAUPHIN, PA 17018 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 1/30/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ACCUBANC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1430, Page 866. By Assignment of Mortgage recorded 3/20/98 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 571, Page 685. 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 05/01/2002 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. The following amounts are due on the mortgage: Principal Balance Interest 04/01/2002 through 01/06/2003 (Per Diem $18.88) Attorney's Fees Cumulative Late Charges 01/30/1998 to 12/01/2002 Cost of Suit and Title Search Subtotal $90,637.41 5,305.28 850.00 251.04 $ 750.00 $ 97,793.73 Escrow Credit 0.00 Deficit 878.19 Subtotal $ 878.19 TOTAL $ 98,671.92 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 Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. The mortgage premises are yacant and abandoned. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 98,671.92, together with interest from 0'~06/2003 at the rate of $18.88 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. FEDERMAN AND PHELA ~N,/LL/~,~ FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff line=. BIDING Lot No. r~corded ~m¢,ng theand known as "Enola T- -- lald in P~an ~ook "I", Arthur ~. ~=~ .... - 16, ~lock "D .... · Carlisle Avenue, =no~a, P~nn~y~Vania. kno~ and nu~ered as 275 .who ~oi=-- · PPenst~el h .... M~chae~ fl~4 .... k ~-3S, ~,uw.~: z/b~ISLE A~ ate G~ORS VERIFICATION FtLANCIS S. HALLINAN, ESQU, i/LE hereby states that he is attorney for Plaintiffin this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time al/owed for the filing of 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 Plaintiffand are true and correct to the best of its knowledge, information and belie£ Furthermore. it is counsel's intention to substitute a verification from Plaintiffas soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsification to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-00126 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO HOME MORTGAGE INC VS MARTIN RICHARD 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, DEFENDANT MARTIN RICHARD E JR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT , NOT FOUND , as to , MARTIN RICHARD E JR PER POST OFFICE, RICHARD'S NEW ADDRESS AS OF 11/22/02 IS 723 CHARLES ROAD DAUPHIN, PA 17018 Sheriff's Costs: Docketing 18.00 Service 10.00 Not Found 5.00 Surcharge 10.00 .00 43.00 ~. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 01/28/2003 Sworn and subscribed to before me this ~ 9 ~ day of ~"~~v / / ~3 A.D. Prot~lc~ot a~y ' SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-00126 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO HOME MORTGAGE INC VS MARTIN RICHARD 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, DEFENDANT MARTIN NANCY L unable to locate Her COMPLAINT - MORT FORE in his bailiwick. t but was He therefore returns the the within named DEFENDANT , NOT FOUND , as to , MARTIN NANCY L PER POST OFFICE, NANCY'S NEW ADDRESS AS OF 9/11/01 IS 102 FAIRVIEW AVENUE PAINTED POST, NY 14870-1215. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 01/28/2003 Sworn and subscribed to before me this 2 ~ ~ day of~ ~ A.D. Prithee O~ar~' ~ ,~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-00126 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO HOME MORTGAGE INC VS MARTIN RICHARD 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 and inquiry for the within named DEFENDANT , to wit: MARTIN RICHARD E JR but was unable to locate Him deputized the sheriff of DAUPHIN in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On January 28th , 2003 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 6.00 9.00 10.00 67.00 .00 92.00 0 /28/2003 FEDERMA_N & PHELAN R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ~g ~ day of~ ~) ~,~ A.D. / ! Prothonotar~ F ~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-00126 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO HOME MORTGAGE INC VS MARTIN RICHARD 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 and inquiry for the within named DEFENDANT , to wit: MARTIN NANCY L but was unable to locate Her deputized the sheriff of DAUPHIN in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On January 28th , 2003 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16,00 01/28/2003 FEDERMAN & PHELAN So answe : Sheriff of Cumberland County Sworn and subscribed to before me this ~ -- day A.D. Prothonotary Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwea~h of Pennsy~ania : WELLS FJLRGO HOME MORTGAGE INC vs County of Dauphin : MARTIN NANCY Sheriff's Return No. 0137-T - -2003 OTHER COLINTY NO. 03 126 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for MARTIN NANCY the DEFENDANT named in the within COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return sa/ne NOT FOUleD, January 21, 2003 AS PER DENISE BUFFINGTON SHE HAS LIVED AT THIS ADDRESS FOR THE PAST 11 YEAR SAYS DEFS ARE DIVORCED BUT HAS NO IDEA OF THEIR WHEREABOUTS. Sworn and subscribed to before me this 21ST day of JANUARY, 2003 PROTHONOTARY So 3_nswers, Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs: $67.00 PD 01/13/2003 RCPT NO 174138 Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsy~ania : WELLS FARGO HOME MORTGAGE INC vs County of Dauphin : MARTIN NANCY Sheriff's Return No. 0137-T - -2003 OTHER COUNTY NO. 03 126 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for MARTIN RICHARD E the DEFENDANT named in the within COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUI~-D, January 21, 2003 AS PER DENISE BUFFINGTON SHE HAS LIVED AT THIS ADDRESS FOR THE PAST 11 YEAR SAYS DEFS ARE DIVORCED BUT HAS NO IDEA OF THEIR WHEREABOUTS. Sworn and subscribed to before me this 21ST day of JANUARY, 2003 PROTHONOTARY So Answers, Sheriff of Dauphin County, By Deputy Sheriff Pa. Sheriff's Costs: $67.00 PD 01/13/2003 RCPT NO 174138 in The Court of Common ?~e~s of CumSer~and County, Pennsylvania Wells Farqo Home Mortgage Inc VS. Richard E. Martin Jr. et al SERVE: Nancy L. Martin 03 126 civil No. Now, January 9, 20133 hereby deputize the Sheri~" of r~uphm deputation being made at the request and risk of the Plainti~. Sheriffof Cumberland County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this Affidavit of Service }NIow, ., 20 , at o'clock within ' M. served the Llpon at by handing to and made ka~own to copy of the ori~nal So answers, the contents thereof. Sworn and subscribed before me this __ day of ,20 Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County; PA tn The Court of Common Pleas of Cumberland County, Pennsylvania Wells Farqo Home Mortgaoe Inc VS. Richard E. Martin Jr. et al SERVE: Richard E. Martin Jr. 03 126 civil No. Now, January 9, 20f]3 hereby deputize the Sheriff of Dauphin deputation being made at the request and risk of the Plaintiff. ...~e52~~' . .~.:~' Sheriff of Cumberland County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this within Affidavit of Service ,20 ,at o'clock M. served the upon by handing to and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this ~ day of ,20 Sheriff of County; PA COSTS SERVICE IvIILEAGE AFFIDAVIT FEDERMAN AND PHELAN BY: Francis S. Hallinan, Esq. Atty. I.D. # 62695 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. VS. RICHARD E. MARTIN, JR. NANCY L. MARTIN ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 03-126 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. 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. MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Francis S. Hallinan, Esquire, moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant(s) by Certified mail and regular mail to the Defendant's last known address and mortgaged premises located at 275 CARLISLE AVENUE, ENOLA, PA 17025 and in support thereof avers the following: 1. Attempts to serve Defendant(s) with the Complaint have been unsuccessful. Sheriff attempted service on Richard E. Martin, JR. and Nancy L. Martin at 275 Carlisle Avenue, Enola, PA 17025 on January 28, 2003 and come to find that the defimdants moved. Sheriff attempted service on Richard E. Martin, JR., and Nancy L. Martin at 723 ,Charles Road, Dauphin, PA 17018 on January 21, 2003. Per Denise Buffington, she has lived at this address for the past 11 years and stated that the defendants are divorced but has no idea of the, ir whereabouts. Sheriff attempted service on Richard E. Martin, JR. and Nancy L. Martin on March 1, 2003 at 125 Fairview Avenue, Painted Post, NY 14870, which is an address provided by the post office of Cumberland County. Per postal carder on Route, stated that 125 Fairview does not exist, as indicated by the Sheriffs Return of Service attached hereto as Exhibit "A". 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant(s). An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 3. Internal records reviewed by Plaintiff and has not been contacted by defendant as of April 3, 2003 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. WI-IEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint by certified mail and regular mail. F(ancis S. Hall'inan, Esquire FEDERMAN AND PHELAN BY: Francis S. Hallinan, Esq. Atty. I.D. # 62695 ! 617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. VS. RICHARD E. MARTIN, JR. NANCY L. MARTIN ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CE~IBERLANT) COUNTY NO. 03-126 MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable role, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant(s) and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.1L Part 265, (2) inquiries of relatives neighbors, friends and ~m~ployers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Sheriff's Return of Service, attached hereto and marked as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant(s) has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests service of the Complaim by certified mail and regular mail. Respectfully submitted: Francis S. Hallinan, Esquire SHERIFF'S RETURN - NOr FOUND CASE NO: 2003-00126 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO HOME MORTGAGE INC VS MARTIN RICHARD 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, DEFENDANT MARTIN RICHARD E JR unable to locate Him COMPLAINT - MORT FORE in his bailiwick. but was He therefore returns the the Withih hamed DEFENDANT , NOT FOUND , as to , MARTIN RICHARD E JR PER POST OFFICE, RICHARD'S NEW ADDRESS AS OF 11/22/02 IS 723 CHARLES ROAD DAUPHIN, PA 17018 Sheriff's Costs: Docketing Service Not Found Surcharge 18 00 10 00 5 00 10 00 00 43 00 So answ3~~ s //.-~ Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 01/28/2003 Sworn and subscribed to before me this day of A.D. Prothonotary SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-00126 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO HOME MORTGAGE INC VS MARTIN RICHARD 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, DEFENDANT MARTIN NANCY L unable to locate Her COMPLAINT - MORT FORE in his bailiwick. but was He therefore returns the the within named DEFENDANT , MARTIN NANCY L , NOT FOUND , as to PER POST OFFICE, NANCY'S NEW ADDRESS AS OF 9/11/01 IS 102-FAIRVIEW AVENUE PAINTED POST, NY 14870-1215. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 00 00 10 00 00 16 00 S o an__s~jCs .~/~' ~ .......... ~ R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 01/28/2003 Sworn and subscribed to before me this day of A.D. Prothonotary Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania : WELLS FARGO HOME MORTGAGE INC vs Court .ty of Dauphin : MARTIN NANCY Sheriff' s Return No. 0137-T - - -2003 OTHER COUNTY NO. 03 126 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for MARTIN NANCY the DEFENDANT named in the within COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOD~ID, January 21, 2003 AS PER DENISE BUFFINGTON SHE HAS LIVED AT THIS ADDRESS FOR THE PAST 11 YEAR SAYS DEFS ARE DIVORCED BUT HAS NO IDEA OF THEIR WHEREABOUTS. Sworn and subscribed to So Answers, before me this. 21ST day of~ JANUARY,! 2003 ~ · . ....... ' ....Sheriff of Dauphin County, Pa. PROTHONOTARY By Deputy Sheriff Sheriff's Costs: $67.00 PD 01/13/2003 RCPT NO ·174138 Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255~2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania : WELLS FARGO HOME MORTGAGE INC v$ County of Dauphin : MARTIN NANCY Sheriff' s Return No. 0137-T - - -200.3 OTHER COUNTY NO. 03 126 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for MARTIN RICHARD E the DEFENDANT named in the within COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, January 21, 21)03 AS PER DENISE BUFFINGTON SHE HAS LIVED AT THIS ADDRESS FOR THE PAST 11 YEAR SAYS DEFS ARE DIVORCED BUT HAS NO IDEA OF THEIR WHEREABOUTS. Sworn and subscribed to. before me this 21ST day of JANUARY, 2003 pROTHONOTARy So Answers, Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs: $67.00 PD 01/13/2003 RCPT NO 174138 PLAINTIFF DEFENDANT SERVE AT: **please action.** AFFIDAVIT OF S~RV~CE - CUMBERLAND COUNTY WELLS FARGO HOME MORTGAGE, INC. F/K/A NORWEST MORTGAGE, INC. NO. 03-126 CIVIL TERM RICHARD E. MARTIN JR TYPE OF ACTION NANCY L. MARTIN XX Mortgage Foreclosure X~X Civil Action 125 FAIRVIEW AVENUE PAINTED POST, NY 14870-1241 serve defendants personally due to ~ivor¢o Served and made known to Defendant on the day of 20 at _ o'clock, M., a-----~- ' , City in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s) Agent or person in charge of Defendant's office or usual place of business. and officer of said defendant company. Other: I, , a competent adult, being duly sworn according to law, depose and state that I personally handed to a true and correct copy of the issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed Before me this day Of , 20 . Notary: By: 0 '' /~7---' NOR SERVED ~ /. n/~ne [ day of ~/t.-~ , 20~)~ at A55 o'clock _~.M., Defendant NOT FO~cause: -- O~her i ~Move~~o~ N9 ~s~er Vacant_ -- Sworn to and subsc ibed ~~ ~e~ ,~. I~ ~ Before me the ~ da~, ; ~ ~ ~~w~ /~ Not ~LVOU~ F~K FEDEX, ESQUIRE - I.D.ff12248 ~ Public Suite ] 400 S~te of ~'~cw Je~ One Pe~ Center Plea at Sub~b~ Station ~ CommOn,on ~x~ ~-2~2~oz Philadelphia, PA 19103-1799 (2~5) 563-7000 AFFIDAVIT OF 9ER~W~CE - CUMBERLAND COUNTY PLAINTIFF WELLS FARGO HOME MORTGAGE, INC. F/K/A NORWEST MORTGAGE, INC. NO. 03-126 CIVIL TERM DEFENDANT RICHARD E. MARTIN JR TYPE OF ACTION NANCY L. MARTIN XX Mortgage Foreclosure XX Civil Action SERVE AT: 125 FAIRVIEW AVENUE PAINTED POST, NY 14870-1241 **please serve defendants personally due to divorce action.** SERVED Served and made known to Defendant on the day of , 20__, at _ o'clock, __. M., at · City in the manner described below: __Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s) __~gent or person in charge of Defendant's office or usual place of business. and officer of said defendant company. Other: I, , a competent adult, being duly sworn according to law, depose and state that I personally handed to a true and correct copy of the issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed Before me this __ day Of ., 20__. Notary: By: .~/---' NOT SERVED On.~the /_____ day of Wyl~ , 200~ at ~~ o' clock ~ , Defendant NOT. FO~ecause- ' --~ ' . _ Move~ _~nk~o~ No Answer Vacant Befor~ me 5he 2~ day l ~ ~% ~- ~ Y OF P~TIFF ~ ~ F~K FEDERal, ESQUIRE - I.D.~12248 Suite 1400 KIMBERLY CUR~ ~e Pe~ Center Plea m Subu~ Station No~ Public Philadelphia, PA 19103-1799 State ~ Now Jemey ( 215 ) 563 - 7000 EKL DATA, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number: File Number: Attorney Firm: Subject: Federman & Phelan Richard Martin Nancy L. Martin Property Address: 275 Carlisle Avenue Enola, PA 17025 Last Known Address: Current Address: As of January 2, 2003 Last Known Number: 723 Charles Road Dauphin, PA 17018 723 Charles Road Dauphin, PA 17018 George H. Lewis, III, being duly sworn according to law, deposes and says: 1. I am employed in the capacity of researcher for EKL DATA, INC. 2. On January 2, 2003, I conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as follows: Credit Information A. Social Security Number 1. Richard Martin: 187-44-9470 2. Nancy L. Martin: 089-48-8189 B. Employment Search: Could not locate any employment information for the above named subject at this time. II. III. IV. Vo Co Inquiry of Creditors: The creditors indicated that Richard Martin and Nancy L. Martin both reside at 723 Charles Road, Dauphin, PA 17018. Inquiry of Telephone Company A. Directory Assistance Search: The Telephone Company has no listing for the above named subjects at this time. Inquiry of Neighbors Contacted Mr. Feger of 722 Charles Road, Dauphin, PA 17018 and verified that Richard Martin and Nancy L. Martin do indeed reside at 723 Charles Road. Inquiry of Post Office A. National Address Update: As of January 2, 2003 the National Change of Address has no forwarding record for Richard Martin and Nancy L. Martin listed at 723 Charles Road, Dauphin, PA 17018. Inquiry of DMV The Pennsylvania Department of Motor Vehicles has Richard Martin and Nancy L. Martin listed at 723 Charles Road, Dauphin, PA 17018. EKL DATA, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION VI. Other Inquiries A. Death Records: As of January 2, 2003 the Social Security Death Index has no death record on file for Richard Martin under his social security number nor is there a record for Nancy L. Martin under her social security number. B. Public Licenses None Found C. County Voter Registration: The county does have Richard Martin listed as a registered voter but does not have Nancy L. Martin listed as a registered voter with an address of 723 Charles Road, Dauphin, PA 17018. D.O.B.: Richard Martin: 01/01/1955 Nancy L. Martin: 09/01/1954 E. Miscellaneous Information None A~t~ot'ge H Lewis III Subscribed and sworn before me on January 2, 2003. Nota~ Public Notarial Seal Ellen K. Lewis, Notary Public Lower Morion Twp., Montgomery County My Commission Expires Feb. 24, 2003 VERIFICATION Francis S. Hallinan, Esquire, hereby states that he lis the Attorney for the Plaintiff in this action, that she is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are truc and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. Date: April 14, 2003 Franc~s S. Hallinan, ~ ' ' " Esquire FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 .(2 ! 5) 563-7000 Attomey for Plaintiff WELLS FARGO HOME MORTGAGE, INC. F/K/A NORWEST MORTGAGE, INC. Plaintiff : COURT OF COMMON PLEAS CIVIL DIVISION VS. RICHARD E.MARTIN JR NANCY MARTIN Defendants : Cumberland County : No. 03 -126 PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSUR,,~ TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: Spril 14, 2003 JRH, SVC DEPT K FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN AND PHELAN BY: Francis S. Hallinan, Esq. Atty. I.D. # 62695 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO HOME : MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Vs. RICHARD E. MARTIN, JR. NANCY L. MARTIN ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CWIL DIVISION CUMBERLAND COUNTY NO. 03-126 CERTIFICATION OF SERVICE I, Francis S. Hallinan, Esquire, herby certify that a copy of the Motion for Service Pursuant to Special Order of Court has been sent to the individual(s) as indicated below by first class mail, postage prepaid, on the date listed below. RICHARD E. MARTIN, JR. AND NANCY L. MARTIN at: 275 CARLISLE AVENUE ENOLA, PA 17025 723 CHARLE ROAD DAUPHIN, PA 17018 125 FAIRVIEW AVENUE PAINTED POST, NY 14870 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: April 14, 2003 ~2~ ' Franci~ S. Hallinan, Esquire FEDERMAN AND PHELAN BY: Francis S. Hallinan, Esq. Atty. I.D. # 62695 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. VS. RICHARD E. MARTIN, JR. NANCY L. MARTIN ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 03-126 ORDER AND NOW, this Z ~ ~ day of ~ ,, )/ ,2003, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court and the Affidavit of Reasonable Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Complaint on the above captioned Defendant(s) RICHARD E. MARTIN, JR. AND NANCY L. MARTIN, by mailing a tree and correct copy of the Complaint by certified mail and regular mail to the Defendant's last known address, and to the mortgaged premises located at 275 CARLISLE AVENUE, ENOLA, PA 17025. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit as to the mailing. Jo FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) _563-7000 WELLS FARGO HOME MORTGAGE, INC. F/K/A NORWEST MORTGAGE, INC. Plaintiff VS. RICHARD E. MARTIN JR. NANCY L. MARTIN Defendant(s) Attomey for Plaintiff · COURT OF COMMON PLEAS · CIVIL DIVISION · CUMBERLAND COUNTY · NO. 03-126 CIVIL TERM AFFIDAVIT OF SERVICE OF COMPLAINT BY MAll, PIIRRIIANT TO COIIRT 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, to RICHARD E. MARTIN JR. and NANCY L. MARTIN at275 CARLISLE AVENUE, ENOLA, PA 17025 AND 723 CHARLES ROAD, DAUPHIN, PA 17018 AND 125 FAIRVIEW AVENUE, PAINTED POST, NY 14870 on in accordance with the Order of Court dated APRIL 23, 2003. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. {}4904 relating to unswom falsification to authorities. Date: May 12; 2003 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 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 HOME MORTGAGE, INC. F/K/A NORWEST MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL,SC 29715 Plaintiff, RICHARD E. MARTIN, JR. NANCY L. MARTIN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-126 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against RICHARD E. MARTIN, JR. and NANCY L. MARTIN, 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 1/06/03 to 6/24/03 TOTAL $98,671.92 $3,209.60 $101,881.52 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. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS iNDICATED. P~O PROTHY . FEDERMAN AND PHELAN, LLP FRANK FEDE1CMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (?I~) 563-7000 WELLS FARGO HOME MORTGAGE, 1NC., F/K/A NORWEST MORTGAGE, INC. Plaintiff Vs. RICHARD E. MARTIN JR. NANCY L. MARTIN Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COLrNTY : NO. 03-126 CML TERM TO: RICHARD E. MARTIN JR. 275 CARLISLE AVENUE ENOLA, PA 17025 FILE COPY DATE OF NOTICE: .HLINE 10, 2003 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU 1N 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 RECEWED A DISCHARGE 1N 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 (10) days fi-om 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to Fred out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, F. SQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (71 S) 56'~-7000 WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, rNc. Plaintiff VS. RICHARD E. MARTIN JR. NANCY L. MARTIN Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CWIL DIVISION : CUMBERLduND COUNTY : NO. 03-126 CIVIL TERM TO: NANCY L. MARTIN 275 CARLISLE AVENUE ENOLA, PA 17025 DATE OF NOTICE: JU.INE 10. 2003 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 (10) days fi.om the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important fights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to fred out where you can get legal help: CUIVIBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALL/NAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (2]5) 56'~-7000 WELLS FARGO HOME MORTGAGE, INC., F/galA NORWEST MORTGAGE, INC. Plaintiff VS. RICHARD E. MARTIW JR. NANCY L. MARTIN Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY : NO, 03-126 CIVIL TERM TO: RICHARD E. MARTIN JR 723 CHARLES ROAD DAUPHIN, PA 17018 DATE OF NOTICE: ,IIIJNE 10. 200~ 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.I~ YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, TH~S 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 becanse 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 (10) 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to fred out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249~3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, F'.SQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (715) $63-7000 WELLS FARGO HOME NIORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff VS. RICHARD E. MARTIN JR. NANCY L. MARTIN Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CML DMSION : CUMBERLAND COUNTY : NO. 03-126 CML TERM TO: NANCY L. MARTIN 723 CHARLES ROAD DAUPHIN, PA 17018 DATE OF NOTICE: .HLINE I 0, 2003 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 (10) days fi-om the date of ttfis notice, a Judgment may be entered against you without a hearing and you may lose your property or other important fights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COLrNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 --~---...~._ ' ...?,~ ~ FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALL1NAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (?v~) 56~-7o0o WELLS FARGO HOME MORTGAGE, 1NC., F/K/A NORWEST MORTGAGE, INC. Plainnff Vs. RICHARD E. MARTIN JR. NANCY L. MARTIN Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CML DIVISION : CUMBERLAND COUNTY : NO. 03-126 CIVIL TERM TO: RICHARD E. MARTIN JR 125 FAIRV1EW AVENUE PAINTED POST, NY 14870 DATE OF NOTICE: JIL1NE 10. 2003 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 objectiom to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entexed against you without a hearing and you may lose your properly or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to fred out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATiON 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, [:,SQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (?15) 56%7000 WELLS FARGO HOME MORTGAGE, 1NC., F/K/A NORWEST MORTGAGE, INC. Plaintiff Vs. RICHARD E. MARTIN JR. NANCY L. MARTIN Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CML DIVISION : CUMBERLAND COUNTY : NO. 03-126 CIVIL TERM TO: NANCY L. MARTIN 125 FAIRVIEW AVENUE PAINTED POST, NY 14870 DATE OF NOTICE: JIIJNE 10. 2003 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATI'EMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.JIF 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 (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your properly or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to land out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP FRANK FEDEILMAN, ESQ., Id. No. 122,~8 LAWRENCE T. PHELAN, ;ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLA~, SUITE 1400 PHILADELPHIA, PA 19103 (9~5) '563-7000 WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff Vs. RICHARD E. MARTIN JR, NANCY L. MARTIN Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 03-126 CIVIL TERM TO: RICHARD E. MARTIN JR PO BOX 286 ENOLA, PA 17025 DATE OF NOTICE: .IILINE 10. 200~ THIS FIRM IS A DEBT COLLECTOR ATTEMI~TING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATI'EMPT 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 Bt:. CONSTRUED TO BE AaN 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 (I0) days from the date of this notice, a Judgment may be entered against you without a heating and you may lose your property or other important fights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP FRANK FEDEICMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALL1NAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (715) 563-7000 WELLS FARGO HOME MORTGAGE, INC., F/Ir, dA NORWEST MORTGAGE, INC. Plaintiff Vs. RICHARD E. MARTIN JR. NANCY L. MARTIN Defendanls ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 03-126 CML TERM TO: NANCY L. MARTIN PO BOX 286 ENOLA, PA 17025 DATE OF NOTICE: JItJNE. 10. 2003 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.Be 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. IMPORTANTNOTICE 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 defemes or objections to the claims set forth against you. Unless you act within ten (10) 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to fred out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103.-1814 r, ~ VS. RICHARD E. MARTIN JR. NANCY L. MARTIN Attorney for Plaintiff : COURT OF COMMON PLEAS FEDERMAN AN[7 ~ ~ : cIv NEY FIL . GOPY - - RETURI : CUMBERLAND COUNTY : NO. 03-126 CIVIL TERM Defendant(s) _. :~ ~_.,~¥ MAll, PURSUANT TO COURT OR~,~( ~5' ~ ~-?:~ ~~~at a ~e ~d co~t copy of ~c Ci~l Action Compl~nt ~ Moagage '~~fi~e,,. above captioned maaer w~ sent by re~l~ ~d ce~ified mail re~ receipt r~uested, to ~e follo~ng pe~ons, to ~CH~ E. ~TIN ~ and N~CY L. ~TIN at275 CARLISLE AVENUE, ENOLA, PA 17025 AND 723 CHARLES ROAD, DAUPHIN, PA 17018 AND 125 FAIRVIEW AVENUE, PAINTED POST, NY 14870 on May 12, 2003 in accordance with the Order of Court dated APRIL 23, 2003.~l~_J~rsigned understands that this statement is made subject to the penalU~}~f:~Pm C;fl. ~70~,j~j~ating to unswom falsification to authorities. - Date: May 12, 2003 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN AND PHELAN BY: Francis S. Hallinan, Esq. Atty. I.D. # 62695 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215'} 563-7000 WELLS FARGO HOME : MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS VS. RICHARD E. MARTIN, JR. NANCY L. MARTIN CIVIL DIVISION CUNmERLAND COUNTY NO. 03-126 ORDER AND NOW, this .~ J ~ day of ~ ,, ~ ,2003, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court and the Affidavit of Reasonable Investigation attached thereto, it is hereby ORDERED that Plaintiffmay obtain service of the Complaint on the above captioned Defendant(s) RICHARD E. MARTIN, JR. AND NANCY L. MARTIN, by mailing a true and correct copy of the Complaint by certified mail and regular mail to the Defendant's last known address, and to the mortgaged premises located at 275 CARLISLE AVENUE, ENOLA, PA 17025. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit as to the mailing. BY THE COURT~ / FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER Al' SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO HOME MORTGAGE, INC. F/I/dA NORWEST MORTGAGE, INC. 3476 STATEVIEW BOULEVARD Plaintiff, RICHARD E. MARTIN, JR. NANCY L. MARTIN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 03-126 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, 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 RICHARD E. MARTIN, JR. is over 18 years of age and resides at, 723 CHARLES ROAD, DAUPHIN, PA 17018. (c) that defendant NANCY L. MARTIN is over 18 years of age, and resides at, 723 CHARLES ROAD, DAUPHIN, PA 17018. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WELLS FARGO HOME MORTGAGE, INC. FfK/A NORWEST MORTGAGE, INC. plaintiff, RICHARD E. MARTIN, JR. NANCY L. MARTIN Defendant(s). No. 03-126 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 6/24/03 to 12/10/03 (per diem -$16.75) TOTAL $101,881.52 $5,661.50 and Costs $107,543.02 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff DESCRIPTION ALL THOSE CERTAIN two tracts of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: TRACT 1: ON the north by Church Street; on the south by lot of ground No. 16 (erroneously known in prior deed of record as No. 116); on the hereinafter mentioned plan of lots; on the west by an alley; on the east by Carlisle Avenue and having a frontage of 54 feet on said avenue and a width of 53 feet on said alley and having a length of 150 feet more or less on said northern and southern lines. BEING Lot No. 15 of Block "D" on Plan of Lots laid out by Arthur R. Rupley, and known as "Enola Terrace". Said plan being recorded among the records of Cumberland County in Plan Book "1", Page 3. TRACT 2: BEGINNING on the north by Lot No. 15, Block "D" on Plan of Lots hereinafter mentioned, on the east by Carlisle Avenue, on the south by Lot No. 17, Block "D" on Plan of Lots hereinafter mentioned, and on the west by an alley; containing 50 feet in front on Carlisle Avenue and extending in depth an even width 150 feet to the aforesaid alley. BEING Lot No. 16, Block "D" on a Plan of Lots laid out by Arthur R. Rupley and known as "Enola Terrace", said plan being recorded in the Cumberland County Recorder of Deeds Office in Plan Book 1, Page 3. HAVING THEREON erected a house known and numbered as 275 Carlisle Avenue, Enola, Pennsylvania. Tax Map// 13-1002, Parcelg 221 TITLE TO SAID PREMISES IS VESTED IN Richard E. Martin Jr. And Nancy L. Martin, his wife by Deed from Michael Brian Hippensteel a/k/a Michael B. Hippensteel and Michele M. Hippensteel, his wife dated 1/30/1998 and recorded 2/6/1998 in Record Book 171, Page 940. FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO HOME MORTGAGE, INC. F/K/A NORWEST MORTGAGE , INC. Plaintiff, RICHARD E. MARTIN, JR. NANCY L. MARTIN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-126 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (x) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff · WELLS FARGO HOME MORTGAGE, INC. F/K/A NORVfEST MORTGAGE, INC. Plaintiff, RICHARD E. MARTIN, JR. NANCY L. MARTIN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-126 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO HOME MORTGAGE, INC.F/K/A NORWEST MORTGAGE, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, 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 ,723 CHARLES ROAD, DAUPHIN, PA 17018. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RICHARD E. MARTIN, JR. NANCY L, MARTIN 723 CHARLES ROAD DAUPHIN, PA 17018 723 CHARLES ROAD DAUPHIN, PA 17018 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: Nanle 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: manic FIRSTPLUS FINANCIAL, INC. 5. Name and address of every other person who Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 1600 VICEROY DRIVE, SUITE 500 DALLAS, TX 75235 has any record lien on the property: 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 None Last Known Address (ifad&ess cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 723 CHARLES ROAD DAUPHIN, PA 17018 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. See. 4904 relating to unswom falsification to authorities. June 24, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff WELLS FARGO HOME MORTGAGE, INC. F/K/A NORWEST MORTGAGE, INC. Plaint'iff, RICHARD E. MARTIN, JR. NANCY L. MARTIN Defendant(s). TO: RICHARD E. MARTIN, JR. 723 CHARLES ROAD DAUPHIN, PA 17018 CUMBERLAND COUNTY No. 03-126 June 24, 2003 NANCY L. MARTIN 723 CHARLES ROAD DAUPHIN, PA 17018 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKR UPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at, 723 CHARLES ROAD, DAUPHIN, PA 17018, is scheduled to be sold at the Sheriffs Sale on DECEMBER 10, 2003 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $101,881.52 obtained by WELLS FARGO HOME MORTGAGE, INC.F/K/A NORWEST 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: 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. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your fights. 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 Sheriffthe 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 Sheriffwithin 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 Sheriffwithin 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. 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 of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: TRACT 1: ON the north by Church Street; on the south by lot of ground No. 16 (erroneously known in prior deed of record as No. 116); on the hereinafter mentioned plan of lots; on the west by an alley; on the east by Carlisle Avenue and having a frontage of 54 feet on said avenue and a width of 53 feet on said alley and having a length of 150 feet more or less on said northern and southern lines. BEING Lot No. 15 of Block "D" on Plan o~ Lots laid out by Arthur R. Rupley, and known as "Enola Terrace". Said plan being recorded among the records of Cumberland County in Plan Book "1", Page 3. TRACT 2: BEGINNING on the north by Lot No. 15, Block "D" on Plan of Lots hereinafter mentioned, on the east by Carlisle Avenue, on the south by Lot No. 17, Block "D" on Plan of Lots hereinafter mentioned, and on the west by an alley; containing 50 feet in front on Carlisle Avenue and extending in depth an even width 150 feet to the aforesaid alley. BEING Lot No. 16, Block "D" on a Plan of Lots laid out by Arthur R. Rupley and known as "Enola Terrace", said plan being recorded in the Cumberland County Recorder of Deeds Office in Plan Book 1, Page 3. HAVING THEREON erected a house known and numbered as 275 Carlisle Avenue, Enola, Pennsylvania. Tax Map# 13-1002, Parcelg 221 TITLE TO SAID PREMISES IS VESTED IN Richard E. Martin Jr. And Nancy L. Marlin, his wife by Deed from Michael Brian Hippensteel a/kJa Michael B. Hippensteel and Michele M. Hippensteel, his wife dated 1/30/1998 and recorded 2/6/1998 in Record Book 171, Page 940. Docket for Case: "+ GetCaseNo0 +" (" + DktTypeExpand(m.gsDktType) + ") Page 1 of 2 Bankruptcy Docket Report 1 02-04173 (Harrisburg) MARTIN, RICHARD ELLSWORTH, JR Docket items entered between 01/01/1931 and 06/24/2003 Filing Date No. Docket Entry View document 08/01/02 08/01/02 08/16/02 VOLUNTARY PETITION under Chapter 13, Matrix, all Schedules & Statements, Plan and Summary [EOD 08/01/02] [AG] DEBTOR(S) affidavit of disbursement of Tmstee funds upon Dismissal and/or Conversion prior to confirmation. [EOD 08/05/02] [DS] CERTIFICATE of Mailing of Notice of 341 Meeting. Objections to the plan are due 15 days after meeting held. [EOD 08/16/02] [AUT] Doc gl PDF £}~ pages) None Doc #3 PDF£5_ pages) Att: PLAN PDF £2_pages) 09/06/02 09/20/02 5 10/01/02 6 10/07/02 7 10/11/02 8 11/04/02 9 11/04/02 10 11/04/02 11 11/08/02 12 11/12/02 13 12/05/02 14 12/05/02 15 TRANSFER (ASSIGNMENT) of claim #3 of American Education Services in None the amount of $6,843.56 to AES/PHEAA with waiver of opportunity to object [EOD 09/06/02] [NP] 341 meeting held. [EOD 09/23/02] [CA] None APPLICATION to employ attorney on contingency fee basis by KARA K None MESSNER, ESQUIRE [Disposed] [EOD 10/02/02] [CR] NOTICE to creditors that answers/objections aredue on 10/28/02 Re: Item # 6. None [EOD 10/08/02] [eR] ORDER Confirming Plan [EOD 10/11/02] [eR] None MOTION for relief fi.om stay RE: WELLS FARGO HOME MORTGAGE None INC. FEE PAID. RECEIPT #588468, $75.00. [Disposed] [EOD 11/04/02] [CR] CERTIFICATE OF NON-CONCURRENCE [EOD 11/04/02] [CR] REQUEST for admission [EOD 11/04/02] [CR] ORDER that answers aredue on 11/25/02 Re: Item # 9. [EOD 11/04/02] [CR] None ENTRY OF APPEARANCE of HEIDI R. SP1VAK, ESQUIRE OF MARK J None UDREN & ASSOCIATES ON BEHALF OF WELLS FARGO HOME MORTGAGE 1NC. [EOD 11/04/02] [CR] CERTIFICATE of service Re: Item # 10. [EOD 11/08/02] [DS] None ORDER approving Re: Item # 6. [EOD 11/12/02] [CR] None MOTION for default judgment Re: Item # 9. [Disposed] [EOD 12/05/02] [CR] None ORDER granting defanlt judgment Re: Item # 14. [EOD 12/05/02] [CR] None ORDER granting relief fi.om stay Re: Item # 9. [EOD 12/05/02] [CR] Printed: 06/24/03 12:02:44 .../nPacer?ExecThis=docket&puid=01056470493&case_no=2002-04173&office=l &DktType=6/24/2003 Docket for Case: "+ GetCaseNo0 +" (" + DktTypeExpand(m.gsDktType) + ") Page 2 of 2 IPACER Login: IDescription: IBiilable Pages: PACER Service Center Transaction Receipt 06/24/2003 12:02:45 I~lClient Code: I~-~-~]Case Number: I Il12002-04173 [Io.14 ~Need help? Try the PACER User's Guide [~]?acer Service Center .../nPacer?ExecThis=docket&puid=01056470493&case_no=2002-04173 &office= 1 &DktType 6/24/2003 Docket for Case: "+ GetCaseNo0 +" (" + DktTypeExpand(m.gsDktType) + ") Page 1 of 1 Bankruptcy Docket Report 5 02-03713 (Wilkes-Barre) MARTIN, NANCY L Docket items entered between 01/01/1931 and 06/24/2003 Filing Date View No. Docket Entry document 09/05/02 o9/16/o2 lO/10/o2 10/10/02 12/13/02 12/16/02 VOLUNTARY PETITION under chapter 7, Matrix and all Schedules/Statements [EOD 09/05/02] [JK] None CERTIFICATE of Mailing of notice of 341 meeting [EOD 09/16/02] [AUT] Doc #2 PDF (3 pages~ 1 2 3 FINAL REPORT of Trustee in No Asset Case [EOD 10/10/02] [JK] None 4 341 MINUTE SHEET: meeting was held as scheduled. [EOD 10/11/02] None 5 DISCHARGE OF DEBTOR(S) entered on 12/10/2002. Certificate of Mailing. [EOD 12/13/02] [AUT] pages) 6 FINAL DECREE entered on 12/13/2002. Certificate of Mailing. [EOD Doc #6 PDF (2 12/16/02] [AUT] page~ Printed: 06/24/03 12:04:48 Doc #5 PDF ~3 I?ACER Login: IDescription: IBillable Pages: PACER Service Center Transaction Receipt 06/24/2003 12:04:48 I~'~'~[Client Code: I~Gi-~lcase Number: I[~'-~[Cost: Il5 2oo2-o3713 1[o.o7 Need help? Try the PACER User's Guide t~lPacer Service Center .../nPacer?ExecThis=d~cket&puid=~~~5647~493&case-n~=2~~2~~37~3&~~~e=5&DlaType=6/24/2~~3 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-126 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due VOgLLS FARGO HOME MORTGAGE, INC. F/K/A NORWEST MORTGAGE, INC., Plaintiff (s) From RICHARD E. MARTIN, JR. AND NANCY L MARTIN (1) You are directed to levy upon the proper~y oftha 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 gam/shee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. AmountDue $101,881.52 L.L. $.50 Interest FROM 6~24/03 TO 12/10/03 {PER DIEM - $16.75) - $5,661.50 AND COSTS Atty's Corem % Due Prothy $1.00 Arty Paid $249.00 Other Costs Plaintiff Paid Date: JUNE 27, 2003 (Seal) CURTIS R. LONG Prothono~ ~ .ny- ' . Deputy REQUESTING PARTY: Name FRANK FEDERMAN, 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 1D No. 12278 IN THE COURT OF COMMON PLEAS OF CUMBERLANI9 COUNTY, PENNSYLVANIA WELLS FARGO HOME MORTGAGE, INC.F/K/A NORWEST MORTGAGE, INC. VS. RICHARD E. MARTIN, JR. NANCY L. MARTIN CIVIL ACTION CIVIL DIVISION NO. 03-126 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for WELLS FARGO HOME MORTGAGE, INC.F/FdA NORWEST MORTGAGE ~ INC. hereby verify that on August 6~ 2003 true and correct copies of the Notice of ShefifPs sale were served by certificate of mailing to the recorded licnholders, and any known interested party see Exhibit "A' attached hereto. DATE: September 11, 2003 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN AND PHELAN, L.L.P. One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Main Fax 215-563-5534 September 11, 2003 Office of the Prothonotary CUMBERLAND County Courthouse WELLS FARGO HOME MORTGAGE, INC.F/K/A NORWEST MORTGAGE, v. RICHARD E. MARTIN, JR. NANCY L. MARTIN CUMBERLAND County, No. 03-126 Dear Sir, Please file the enclosed AMENDED affidavit(s) in reference to the above captioned matter(s). Kindly return the attorney copy(s) in the self addressed stamped envelope that has been provided for your convenience. Thank you for your cooperation. Yours tm[x, Rachel L. Allmond for Federman and Phelan CC: Sheriffs Office of CUMBERLAND County WELLS FARGO HOME MORTGAGE, INC. F/FdA NORWEST MORTGAGE, INC. Plaintiff, RICHARD E. MARTIN, JR. NANCY L. MARTIN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-126 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO HOME MORTGAGE~ INC.F/K/A NORWEST MORTGAGE ~ INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of'the date the Praecipe for the Writ of Execution was filed the following in£onnation concerning the real property located at ~275 CARLISLE AVENUE~ ENOLA~ PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RICHARD E. MARTIN, JR. NANCY L. MARTIN 723 CHARLES ROAD DAUPHIN, PA 17018 723 CHARLES ROAD DAUPHIN, PA 17018 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: Natne 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 FIRSTPLUS FINANCIAL, INC. Last Known Address (if address cannot be reasonably ascertained, please indicate) 1600 VICEROY DRIVE, SUITE 500 DALLAS, TX 75235 5. Name and address of every other person who has any record lien on the property: NalTle None Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Nallle Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 723 CHARLES ROAD DAUPHIN, PA 17018 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or information and beliefi I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to nnswom falsification to authorities. September 11, 2003 DATE FRANK FEDERMAN, ESQUIRE Attomey for Plaintiff FEDERMAN AND PHELAN BY: FRANK FEDERMAN IDENTIFICATION NO. 12248 SUITE 1400 - ONE PENN CENTER PHILADELPHIA, PA 19103 215) 563-7000 ATTO!, NEY FOR PLAINTIFF WELLS FARGO HOME MORTGAGE, INC.F/K/A NORWEST MORTGAGE, INC. VS. RICHARD E. MARTIN, JR. NANCY L. MARTIN CUMB i~RLAND COUNTY COUR': OF COMMON PLEAS CIVIL i )IVISION NO. 03 126 VER IFTC A TTON I hereby certify that a true and correct copy of the Notice of Shei? ' t's Sale in the above captioned matter was sent by regular mail and certified mail, return rectal requested, to the following person(s) RICHARD E. MARTIN, JR. and NANCY L. MARTI ! on .Il [NE 27~ ')003 at 723 CHARLES ROAD, DAUPHIN, PA 17018, in accordance with the. Order of Court dated, APRIl'. 23, 9003. The undersigned understands that this statement is made subject :o the penalties of 18 PA. C.S. s4904 relating to unswom falsificaton to authorities. FRakNI- FEDERMAN, ESQUIRE ATTO1 NEY FOR PLAINTIICF DATE: September 29, 2003 BY: Francis S. Hallinan, Esq- Atty. I.D. # 62695 1617 John F. Kennedy Boulevard Suite 1400 philadelphia, PA 191034814 .(215~[ 563:7000 : WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. COURT OF COMMON PLEAS CIVII. DFv'ISION VS. RICHARD E. MARTIN, JR. NANCY L. MARTIN : CUMBERLAND COUNTY NO. 03-126 ORDER +// AND NOW, this _ ~ 3 ~ ... day of_ _, 2003, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court and the Affidavit of Reasonable Investigation attached thereto, it is hereby ORDERED that Plaintiffmay obtain service of the Complaint on the above captioned Defendant(s) RICHARD E. MARTIN, JR. AND NANCY L MARTIN, by mailing a tree and conrect copy of the Complaint by certified mail and regular mail to the Defendant's last known address, and to the mortgaged premises located at 275 CARLISLE AVENUE, ENOLA, PA 17025. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit as to the mailing. BY THE COURT: / '716{3 '3901 9844 4122 0160 '7t60 '3901 9844 41~2 01'7'7 RICBAt~ E. M.~g~IN ~7~ C~LISLE AVENUE ENOLA, PA 170~ TO: NANCY L. M''''~RTIN 275 CARLISLE AVENUE ENOLA, PA 17025 sENDER: TEAM2 JZS sENDER: T~AM~ ;IZS REFERENCE: RICHARD E. MARTIN 3R. ARD E. MARTIN 3R. et t for ~~ ~ Rec P .~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~' SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Jack M Sproch is the grantee the same having been sold to said grantee on the 7th day of January A.D., 2004, under and by virtue of a writ Execution issued on the 27th day of June, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 126, at the suit of Wells Fargo Hm Mtn lnc f/k/a Norwest Mtg Inc against Richard E Martin Jr & Nancy L is duly recorded in Sheriff's Deed Book No. 261, Page 3529. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this/? day of~, A.D. 20~. t.Recorder of Deeds Wells Fargo Home Mortgage, Inc. lYk/a Norwest Mortgage, Inc. VS Richard E. Martin, Jr. and Nancy L. Martin In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-126 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendants, to wit: Richard E. Martin, Jr. and Nancy L. Martin, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pem~sylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. Dauphin County Return: I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Richard E. Martin, the defendant named in the within Real Estate Writ & Notice of Sale and that I am unable to find him in the County of Dauphin and therefore return same NOT FOUND, September 22, 2003. Comments: Richard is not living at this address per current resident. So Answers: J.R. Lotwick, Sheriff of Dauphin County, PA. Dauphin County Return: I, Jack Lotwick, Sheriffofthe County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Nancy L. Martin, the defendant named in the within Real Estate Writ & Notice of Sale and that I am unable to find her in the County of Dauphin and therefore return same NOT FOUND, September 22, 2003. Comments: Need better address, Nancy's last known address is in Nelson, PA in Tioga County. So Answers: J.R. Lotwick, Sheriff of Dauphin County, PA. Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on October 10, 2003 at 9:50 o'clock AM, he posted a true copy of the within Real Estate Writ, Notice of Sale, Poster and Description upon the property of Richard E. Martin, Jr. and Nancy L. Martin, located at 275 Carlisle Avenue, Enola, PA 17025 according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on January 7, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $75,000.00 to Jack M. Sproch. It being the highest bid and best price received for the same, Jack M. Sproch of 70 Hickorytown Road, Carlisle, PA 17013, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $78,777.40, Sheriffs Costs: Docketing $30.00 Poundage 1,500.00 Posting Bills 30.00 Advertising 30,00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 10.35 Levy 30.00 Surcharge 40.00 Out of County 9.00 Dauphin County 36.50 Law Journal 325.85 Patriot News 281.89 Share of Bills 28.90 Distribution of Proceeds 25.00 Sheriff's Deed 39.50 $ 2,458.49 Sworn and subscribed to before me This d$~day of J~ 20o , / Prothonotary R. Thomas Kline, Sheriff Real Estate 13q. puty SCHEDULE OF DISTRIBUTION SALE NO. 65 Date Filed: February 6, 2004 Writ No. 2003-126 Civil Term Wells Fargo Home Mortgage, Inc. f/k/a Norwest Mortgage, Inc. VS Richard E. Martin, Jr. and Nancy L. Martin Sale Date: Buyer: Bid Price: January 7, 2004 Jack M. Sproch $75,000.00 Real Debt: $101,881.52 Interest: 5,66~ .50 Attorney Costs: 249.00 Total: $107,792.02 DISTRIBUTION: Receipts: Cash on account (09/11/03): Cash on account (01/07/04): Cash on account (01/23/04): $ 1,500.00 7,500.00 71,277.40 Total Receipts: $80,277.40 Disbursements: Sheriff's Costs Legal Search State Transfer Tax Local Transfer Tax East Pennsboro Township Attorney Frank Federman Wells Fargo Home Mortgage, Inc. $ 2,458.49 400.00 938.70 938.70 751.46 1,500.00 73,290.05 Total Disbursements: Balance for distribution: ($80,277.40) 0.00 So Answers: R. Thomas Kline Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 65 Held Wednesday, January 7, 2004 Date: January 7, 2004 TAXES: Receipts for al/taxes for the years 2001 to 2003 inclusive. Taxes for the current year 2004. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated ,2004, and recorded ,2004, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Michael Brian Hippensteel and Michele M. Hippensteel, husband and wife, by deed dated January 30, 1998 and recorded February 6, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Deed Book 171, Page 940. granted and conveyed to Richard E. Martin, Jr., and Nancy L. Martin, husband and wife. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbeds of Shady Lane, Carlisle Avenue, and an unnamed public alley. 6. Building conditions, easements mad restrictions as shown on or set forth on the Plan for Enola Terrace recorded in Plan Book i, Page 3. 7. Mortgage in the amount of $94,750.00 given by Richard E. Martin, Jr., and Nancy L. Martin to Accubanc Mortgage Corporation dated January 30, 1998 and recorded February 6, 1998 in Mortgage Book 1430 Page 866. Said mortgage was assigned to Norwest Mortgage, Inc., by instrument recorded March 20, 1998 in Miscellaneous Record Book 571 Page 685. Complaint in mortgage foreclosure filed by Wells Fargo Home Mortgage, Inc., formerly known as Norwest Mortgage, Inc. as Plaintiff against Richard E. Martin, Jr. and Nancy 'L. Martin as Defendants on January 8, 2003 in the Office of the Prothonotary of Cumberland County to File No. 2003-126. Judgment in the amount of $101,881.52 entered June 27, 2003. Mortgage in the amount of $31,200,00 given by Richard E. Martin, Jr., and Nancy L. Martin to National Home Loan Corporation dated May 30, 1998 and recorded June 24, 1998 in Mortgage Book 1462, Page 959. Said mortgage was assigned to Firstplus Financial Inc. by instrument recorded June 24, 1998 in Miscellaneous Record Book 580 Page 572, Said mortgage was further assigned to Nationwide Mortgage Plan and Trust by instrument recorded June 9, 2003 in Miscellaneous Record Book 698, Page 455. 10. Municipal liens in the amount of $635.46 filed by East Pennsboro Township as Plaintiff against Richard E. Martin, Jr., and Nancy L. Martin as Defendants in the Office of the Prothonotary for Cumberland County on December 4, 2003 to File No. 2003~6300. 11. Building and use restrictions imposed by deed recorded January 9, 1919 in Deed Book "Q," Volume 7, Page 447. 12. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 13. Real estate taxes accruing on and after July 1, 2004 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. Robert G. Frey, Agent Note: This Title Report shall not b nding until countersigned by an authorized signatory. REAL ESTATE SALE NO. 65 Writ No, 2003-126 Civil Wells Fargo Home Mortgage, Inc., f/k/a Norwest Mortgage, Inc. VS. Richard E. Martin, Jr. and Nancy L, Martin Atty.: Frank Federman DESCRIPTION ALL THOSE CERTAIN two tracts of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and de- scribed as follows, to TRACT i; ON the north by Church Street; on the south by lot of ground No. 16 {erroneously knowa to prior deed of record as No. 116); on the here- Inafter mentioned plan of lots; on the west by an al/ey; on the east by Carlisle Avenue and having a front- age of 54 feet on said avenue and a w/dth of 53 feet on said alley' and having a length of 150 feet more or BEING Lot No, 15 of Block on Plan of Lots laid out by Arthur R. Rupley. and known as "Enola Terrace'. Said plan being recorded among the records of Cumberland County in Plan Book "I", Page 3. TRACT 2: BEGINNING on the north by Lot No, 15, Block "D" on Plan of Lots by Carlisle Avenue, on the south by Lot No. 17, Block "D' on Plan of Lots hereinafter mentioned, and on the west by an aJ]ey; containing 50 i~ee~ in front on Carl/sle Avenue and extending in depth an even width 15p feet to the aforesaid alley. BEING Lot No. 16. Block 'D" on a Plan of Lots laid out by Arthur R. Rupley and known as ~Enola Ter- race'', said plan being recorded in the Cumberland County Recorder of Deeds Office in Plan Book 1, Page 3, HAVING THEREON erected a house known and numbered as 275 Tax Map #13-1002. Parcel #221. TITLE TO SAiD PREMISES IS VESTED IN Richard E. Martin, Jr. And Nancy L. Martin, his %vi£e by Deed from Michael Brian Hippen- steel, a/k/a Michael B, Hlppensteel and Michele M. Hlppensteel, his wife dated 1/30/1998 and recorded 2/6/1998 in Record Book 17 I. Page 940. 09/il/03 THU 15:57 FAX 2155637009 ~'& P - EDNA WELLS FARGO HOME MORTGAGE,/NC. F/K/A NORWEST MORTGAGE, INC. Plaintiff, RICHARD E. MARTIN, JR. NANCY L. MARTIN Defendant(s). CUMBERLAND COUNTY COURT OF COIVIMON PLEAS CIVIL DMSION NO. 03-126 ~ o00 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) VgELLS FARGO HOME MORTGAGE, INC. F/K/A NORWEST MORTGAGE, INC., Plaint/flirt the above act/on, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipc for the Writ of Execution was filed the following information concerning the real property located at ,275 CARLISLE AVENUE, ENOLA, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RICHARD E. MARTIN, JR. NANCY L. MARTIN 723 CHARLES ROAD DAUPHIN, PA 17018 723 CHARLES ROAD DAUPHIN, PA 17018 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 FIRSTPLUS FINANCIAL, INC. Last Known Address (if address cannot be reasonably ascertained, please indicate) 1600 VICEROY DRIVE, SUITE 500 DALLAS, TX 75235 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 inter~st in the property and whose interest may be affected by the sale, None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic R~lations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 723 CHARLES ROAD DAUPHIN, PA 17018 13 North Hanover Street Car/isle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are tree 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 ell8 Pa, C.S. Sec. 4904 relating to unswom f~lsification to author/ties. September 11, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Petriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 28th day(s) of October and the 4th and 11th day(s) of November 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the a~legations 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 end 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. Sworn(o~d s~ubscribed before/~h's~ 19th day o~o.vem/l~003 A.D. Member, Pennsylvania Association Of Notades My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs TO THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 281.89 Publisher's Receipt for Advertising Cost ;o., publisher of The P&triot-News and The Sunday Patriot-News. newspapers of general dge receipt of the aforesaid notice and publication costs and certifies that the same have PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE 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 Cuntherland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: OCTOBER 17, 24, 31, 2003 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 tree. ilEAL ESTATE SALE NO. 65 Writ No. 2003-126 Civil Wells Fargo Home Mortgage, Inc.. f/k/a Norwest Mortgage. Inc. VS. Richard E. Martin. Jr. and Nancy L Mm'tin Atty.: Frank Federrnan- DESCRIPTION ALL THOSE CERTAIN two tracts of land situate in East Pennsboro Township. Cumberland County, Pennsylvania, bounded and de- scribed as follows, to wit: TRACT 1: ON the north by Church Street: on the south by lot of ground No, 16 {erroneously known Ln prior deed of record as No. 116); on the here~ inafter mentioned plan of lots; on the west by an alley: on the east by Carlisle Avenue and having a front- age of 54 feet on said avenue and a width of 53 feet on said alley and having a length of 150 tket more or less on said northern and southern lines. SWORN TO AND SUBSCRIBED before me this 31 .day of OCTOBER, 2003 LOIS E. SNYDER, NotIw Public Carlisle 8om, Cumbedan(I County My Commlssim F_~plres March $, inaller mentioned plan of lots: on the west by mi alley; on the east by Carlisle Avenue ai~d having a front age of 54 Ii:et on said avenue atxd a width of 53 feet on said alley and having a length of 150 lbet more or less on said northern and southern lines. BEING Lot No. 15 of Block on Plan of Lots laid out by Arthur R. Rupley, and known as "Enola Terrace". Said plan being recorded among the records of Cumberland County in Plan Book "1". Page 3. TRACT 2: BEGINNING on the north by Lot No. ~5. Block 'D" on Plan of Lots hereinafter mentioned, on the east by Carlisle Avenue. on the south by Lot No. 17. Block 'D" on Plan of Lots hereinafter mentioned, and on the west by an alley: containing 50 feet in l¥ont on Carlisle Avenue and ex'tending in depth an even width 150 leer to the aforesaid alley. BEING Lot No. 16, Block 'D" on a Plan of Lots laid out by Arthur Rupley and. known as 'Enola Ter race", said plan being recorded in the Cumberland County Recorder of Deeds Office in Plan Book 1. Page 3. HAVING THEREON erected a house known and numbered as 275 Carlisle Avenue, Enola. Permsylva- Tax Map #13-1002. parcel #221. TITHE TO SAID PREMISES IS VESTED IN Richard E. Martin. dr. Arid Nancy L. Martin. his wife by Deed from Michael Brian Hippen- steel, a/k/a Michael B. Hippensteel and Miehele M. Hippensteel. his wife dated 1/30/1998 and recorded 2/6/1998 in Record Book 171, Page 940,