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Home My WebLink About01-5834FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTVICATION NO. 12248 ONE CEN'rER Xr sUm StATiON 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (21 s) 563-7000 WELLS FARGO HOME MORTGAGE, INC.' F/IGA NORWEST MORTGAGE, INC. 5024 PARKWAY PLAZA BOULEVARD CHARLOTTE, NC 28217-2407 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 0 CUMBERLAND COUNTY MICHAEL S. THOMPSON DEE ANN WEIGLE A/K/A DEE A. WEIGLE 160 JUMPER ROAD NEWBURG, PA. 17240 Defendant(s) 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 a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 #: 3080736 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT~ PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plainfiffis WELLS FARGO HOME MORTGAGE, 1NC. F/K/A NORWEST MORTGAGE, INC. 5024 PARKWAY PLAZA BOULEVARD CHARLOTTE, NC 28217-2407 The name(s) and last known address(es) of the Defendant(s) are: MICHAEL S. THOMPSON DEE ANN WEIGLE A/K/A DEE A. WEIGLE 160 JUMPER ROAD NEWBURG, PA. 17240 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 5/19/95 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to HART MORTGAGE CORP. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1263, Page 557. By Assignment of Mortgage recorded 5/19/95 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 496, Page 482. 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 5/1/01 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance Interest 4/1/01 through 10/1/01 (Per Diem $21.33) Attorney's Fees Cumulative Late Charges 5/19/95 to 10/1/01 Cost of Suit and Title Search Subtotal $90,336.15 3,924.72 4,000.00 177.75 550 00 $98,988.62 Escrow Credit 420.50 Deficit 0 00 Subtotal (~g 4~0 50) TOTAL $98,568.12 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $98,568.12, together with interest from 10/1/01 at the rate of $21.33 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. /s/Frank Fed~rnan FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ALL tha~ certain tract or parcel of land situate Iopclw[.l Townshlp, Cumberland County, more fully bounded and described as follows: BEGINNINd at an zron pin at corner of lands noi~ or formerly1 of Boyd Ney and the land herein conveyed, which pin is SS.0 feet f~om the center of Township Route 360; thence by Hey North ?g degrees, iS minutes 09 seconds West, 371.$4 fee~ to an iron pin, at Lot No, 8 on subdivision plan of Blaine Tamer, recordmd in the Office e~ the Recorder of Deeds of Cumberla:]~ Coun~M~ Penns¥1v~nia in Plan Book 30, Page 108; thence by Lot No. 5 Ndrla l0 degrees ,13 minutes 51 seconds 105,0 ~'c~et, 'Lo a concrete ~onument at Corner col on Lo Lo~s 1, /2 and 5 on the aforesaid plan; thence b Nc, 2 No~th 59 degrees 09 minu y 187.83 fe~t to an i ..... ~es ~ seconds Tow-~- ~o ....... ~? ~n at ~he ~ight-of-way of ~e~i~.~°u?= J~v,..~nence by said road South iron RinJ [he place of BEGINNING CONTAININO i.!G acres BEING Lot No. 1 of the aforesaid subdivision plan, BEING THE SAME REAL ~STATE WHICH RODNEY L. MYERS and DCNMA J. ~¥ER$, husband and wife, by deed dated August 14, 1984 ~nd recorded in the office of the Recorder of Deeds in and for CUmberLand County in Deed Book Volume PPdgtISE$ ON: 160 VERi]rlCATION TAMMY JOHNSON hereby states that she is ASSISTANT VICE PRESIDENT of WELLS FARGO HOME MORTGAGE, 1NC. mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO HOME MORTGAGE, INC. F/K/A NORWEST MORTGAGE, INC., Plaintiff, MICHAEL S. THOMPSON, DEE ANN WEIGLE A/K/A DEE A. WEIGLE, Defendants. CIVIL ACTION - LAW No.: 01-5834 SUGGESTION OF BANKRUPTCY COMES NOW the Defendant, Dee A. Thompson a/k/a Dee A. Weigle ("Dee Thompson"), through her undersigned attorneys, Gates & Associates, P.C., and would show the Court: 1. Dee Thompson has filed a petition for relief under Title 11, United States Code, in the United States Bankruptcy Court for the Middle District of Pennsylvania, which bears the case number 1-01-04782. 2. Relief was ordered on September 4, 2001. 3. This action is founded on a claim from which a discharge would be a release or that seeks to impose a charge on the property of the estate. 4. Defendant, Michael S. Thompson is a co-debtor pursuant to 11 U.S.C. § 1301(a) regarding stay of the instant action. 5. This is for informational purposes only, and does not constitute a notice of appearance by the undersigned. WHEREFORE, the defendants suggests that this action has been stayed by the operation ofll U.S.C. § 362. Respectfully Submitted, GATES & ASSOCIATES, P.C. Albert N. Peterhn, Esquire r v ~ ~ r Attorney ID No. 84180 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600