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HomeMy WebLinkAbout03-1441 FEDERMAN 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 CENfER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO BANK MINNESOTA, N.A. AS TRUSTEE FOR THE LIQUIDITY FUNDING TRUST 2002-3 MORTGAGE BACKED CERTIFICATES SERIES 2002-LF3 7105 CORPORATE DRNE PLANO, TX 75024 ATTORNEYFORPL~F COURT OF COMMON PLEAS CNIL DNISION TERM (!,c;;[ y~ Plaintiff NO. 03 - 1'I1.f1 v. CUMBERLAND COUNTY RUSSELL A. FISHEL 405 THIRD STREET ENOLA, P A 17025 RAETT A M. FISHEL 405 THIRD STREET ENOLA, P A 17025 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 f1ling 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 LffiERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 Loan #; 7259122 JMT . . IF THIS IS THE FIRST NOTICE mAT 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 AFrER 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 BANK MINNESOTA, N.A. AS TRUSTEE FOR THE LIQUIDITY FUNDING TRUST 2002-3 MORTGAGE BACKED CERTIFICATES SERIES 2002-LF3 7105 CORPORATE DRNE PL~(), T)( 75024 2. The name(s) and last known address(es) of the Defendant(s) are: RUSSELL A. FISHEL 405 THIRD STREET ENOLA, P A 17025 RAETT A M. FISHEL 405 THIRD STREET ENOLA, P A 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 12/15/95 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to BROADVIEW M()RTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1296, Page 1048.By Assignment of Mortgage recorded 2/29/96 the mortgage was assigned to COUNTRYWIDE FUNDING C()RPORATION which Assignment is recorded in Assignment of Mortgage Book No. 514, Page 105. PLAINTIFF is now the legal owner of the mortgage and is in the process offonnalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2002 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. . , 6. The following amounts are due on the mortgage: Principal Balance Interest 10/01/2002 through 03/27/2003 (Per Diem $11.83) Attorney's Fees Cumulative Late Charges 12/15/1995 to 03/27/2003 Cost of Suit and Title Search Subtotal $64,265.41 2,105.74 1,250.00 126.55 $ 550.00 $ 68,297.70 Escrow Credit Deficit Subtotal TOTAL 0.00 469.07 $ 469.07 $ 68,766.77 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 68,766.77, together with interest from 03/27/2003 at the rate of$I1.83 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. FED~P~~ By: /~tF1n~llinan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff .AIl THAT CE:RTAJ:N Borough CUJltber~and #rIlCI Qf' PGrCfll of land and prfllftUiU. situate, IY"'J: and belllJ: in the of Wes~ Fcd.rv.i.w in tile COIUI'Y af and COfllltU1f1wflallh of "~n"~:"Qni,y. "lOre f'cJ,.,;,.,./QrIJl dUr:riwd QZ follows: SZCXNNZNG at a point on the eastern 1ina of Third. Street at the .I.nt.."....e~" 00< aua 9tre." ""el 101... n?rthern 1..1...", a~ :Lot n= c" :!.oh 00< Joaeph X..pf~el; ~anca in " nCr1:hwast..,,:!.y naU".n olo"g &a.l.d ThLr~ St"..t. thirty (30) O<..t to :Lot now 0" :Lat. of George a. Xeff~. "~el :Lot being nu.bereel thr..e (31 .I.n the plan of :Lots here.l.nafte" ment.l.oned, th.nce ~n " northe...ter:Ly el.l.rnct.l.on ,,:Long saiel l..st .ent.l.on8d 10t. on.. hU"clreel fortY-nine (149) fe.t a.l.x (G) .I.nehe.. t~ an all.y; th..nce a:1...ng ..aiel a:1:1.y sonth...tw...d:1y thlorty (30) 0<..10 to the "a..d :1010 now 0" :1at.. of Jc....ph Xepford; th.nc.. .I... a "outhweste":1y CCO"So ,,10ng ....lel :1."10 mant.l.or-eel :1ot. on. hUndr..el floO<ty_~ (:152) fe.t eLx (G) ~n~he., more or Je.., to the p~ac. of BEGXNNING. IUWXNG !l'Ima20N In':BCTBD a two and one-"":Lf ..tory 1:.ra.... dwelJ.~nq house now known aa No. 405 North T~el St....et. w...t FaLrv.l.ew. ~ennsy:Lvan.l.", "" DoG Lot No. 2 t.n P10t · B. of II. a. May '.. Ext.... s.l. on to ......t FaU:v~..w. ..a.l.el p:L.n be.l.ng ..nte"eel .I... P:Lan Book No. :1 at Pag.. 23. in the ReCOrd..".. Of fie. of CUDlber;l.and County, PennaY1vania. BBJ:NG the .-.. p::-.;.s... wh.l.oh Sa""o er...ce" z.l. . w.1.dower. bY D..eel da t..el Ju1y 12. l.9G 1 .nd rseo..de<! JuJ.y 12. 1961. lon the Off .'e.. 00< the R..eo"eler oJ: Do..d" in and :e 0" Cumb."J.a.... County, ~..~ n a'y 1 ~ an';'... .i n De..el Book G- 20. Pag.. 2 J. 2. '1ra..~"", ....d ..",,'v dY,,<.t u,. tv ,.....d. ~ ". W"o". "'c _ "..'" Be~.n T. WOOd, aLS w~~e. PREMISES BEING: 405 THIRD STREET VERIFICA nON BRANDON SClUMBA TO hereby states that he is FIRST VICE PRESIDENT of COUNTRYWIDE HOME LOANS, INC. mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. relating to unsworn falsification to authorities. DATE: o \~L)( n-5 \ AI(":)~ ~ { ~ -- ~ & ~ ~ Cf! ~ ~ f- ~-~ ~ (") ~? .1:J.... ' rn r~ ~~T (.0 ~ -<::, '< ~C_: 5> ~~~.~ :;:'4 ~ c; {'~'''-' ..";,,. -:". .') € ~,..) 0..1 -, '. -', 'j ::t: c; "cn ':,-:~ ~ -<.. Cd t" 0" SHERIFF'S RETURN - REGULAR CASE NO: 2003-01441 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK MINNESOTA VS FISHEL RUSSELL A ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FISHEL RUSSELL A the DEFENDANT , at 1941:00 HOURS, on the 31st day of March , 2003 at 405 THIRD STREET ENOLA, PA 17025 by handing to RAETTA FISHEL, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 10.35 .00 10.00 .00 38.35 ~;;:::::~~4:'J,:~' ";/"~~ R. Thomas Kline . 04/01/2003 FEDERMAN & Sworn and Subscribed to before By: p~ ./ epu y Sherif~ IV jo - me this day of 41~'Q- -l0n3 A.D. C -1. ,Of 1M"' (~. ~ dhC ~rothonotary .-;-1 SHERIFF'S RETURN - REGULAR CASE NO: 2003-01441 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK MINNESOTA VS FISHEL RUSSELL A ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FISHEL RAETTA M the DEFENDANT , at 1941:00 HOURS, on the 31st day of March , 2003 at 405 THIRD STREET ENOLA, PA 17025 by handing to RAETTA FISHEL a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ~as!.~~::,;",.":,;",,, R. Thomas Kline 04/01/2003 FEDERMAN & Sworn and Subscribed to before By: PHELAN ~ me this /&J /0 (....- day of Dt~ dlflJ.. :; A. D . ~L Q A1~t(~~, "art P othonotary , FEDERMAN AND PHELAN, LLP ~y: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SIDTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK MINNESOTA, N.A. AS TRUSTEE FOR THE LIQUIDITY FUNDING TRUST 2002-3 MORTGAGE BACKED CERTIFICATES SERIES 2002-LF3 7105 CORPORATE DRIVE PLANO, TX 75024 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1441 Plaintiff, v. RUSSELL A. FISHEL RAETTA M. FISHEL Defendant( s). PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against RUSSELL A. FISHEL and RAETTA M. FISHEL, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 3/28/03 to 5/14/03 TOTAL $68,766.77 $567.84 $69,334.61 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. ~~l- ~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED_, f). ~ DATE: (YbL'f .;lO, ~ (J.Lt4~ 2. . PRO PROTHY FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (21 ';) ';{)1- 7000 WELLS FARGO BANK MINNESOTA, N.A. AS TRUSTEE FOR THE LIQUIDITY FUNDING TRUST 2002-3 MORTGAGE BACKED CERTIFICATES SERIES 2002-LF3 Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY Plaintiff NO. 03-1441 vs. RAETTA M. FISHEL RUSSELL A. FISHEL Defendant FILE COpy TO: RAETTA M. FISHEL 405 THIRD STREET ENOLA, PA 17025 DATE OF NOTICE: APRIL 24. 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 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 find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LffiERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff CC: Mr. John Robert Kalenish, Esquire FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, P A 19103-1814 (21 ')) ';n1- 7000 WELLS FARGO BANK MINNESOTA, N.A. AS TRUSTEE FOR THE LIQUIDITY FUNDING TRUST 2002-3 MORTGAGE BACKED CERTIFICATES SERIES 2002-LF3 Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY Plaintiff NO. 03-1441 vs. RAETTA M. FISHEL RUSSELL A. FISHEL Defendant TO: RUSSELL A. FISHEL 405 THIRD STREET ENOLA, PA 17025 DATE OF NOTICE: APRIL 24. 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 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 find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717)249-3166 Frank Federman, Esquire Attorney for Plaintiff CC: Mr. John Robert Kalenish, Esquire SHERIFF'S RETURN - REGULAR CASE NO: 2003-01441 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK MINNESOTA VS FISHEL RUSSELL A ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FISHEL RUSSELL A the DEFENDANT , at 1941:00 HOURS, on the 31st day of March , 2003 at 405 THIRD STREET ENOLA, PA 17025 by handing to RAETTA FISHEL, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 10.35 .00 10.00 .00 38.35 -~:':;;':;'<!::~';-~~":"-'-' -r S'~....:-.;..~~.~",.. :':J.. ..\.,:-... R. Thomas Kline ,., ..~ J' . ",., ~ .. ..; ...'''.....".. ~':-. 04/01/2003 FEDERMAN & Sworn and Subscribed to before By: me this day of J A.D. Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2003-01441 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK MINNESOTA VS FISHEL RUSSELL A ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FISHEL RAETTA M the DEFENDANT , at 1941:00 HOURS, on the 31st day of March , 2003 at 405 THIRD STREET ENOLA, PA 17025 by handing to RAETTA FISHEL a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's' Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 j;'.!1:!....,. . R. Thomas Kline 04/01/2003 FEDERMAN & PHELAN ~~ Sworn and Subscribed to before By: day of me this A.D. Prothonotary t: /C) (:) ~ ~~'ib - 0- JJ - RJ 1" ~ ~ ~ ~ ~ tV r ~ ~ C> --.0 P ~ ~ 1- ~ --<--~ C) '. < - .~ .. ....A FEDE~ANandPHELAN,LLP By: FRANKFEDE~AN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK MINNESOTA, N.A. AS TRUSTEE FOR THE LIQUIDITY FUNDING TRUST 2002-3 MORTGAGE BACKED CERTIFICATES SERIES 2002-LF3 7105 CORPORATE DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1441 Plaintiff, v. RUSSELL A. FISHEL RAETTA M. FISHEL Defendant( s). 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 RUSSELL A. FISHEL is over 18 years of age and resides at, 405 THIRD STREET, ENOLA, PA 17025. (c) that defendant RAETTA M. FISHEL is over 18 years of age, and resides at, 405 THIRD STREET, ENOLA, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~-~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK MINNESOTA, N.A. AS TRUSTEE FOR THE LIQUIDITY FUNDING TRUST 2002-3 MORTGAGE BACKED CERTIFICATES SERIES 2002-LF3 Plaintiff, No. 03-1441 v. RUSSELL A. FISHEL RAETTA M. FISHEL Defendant( s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $69,334.61 Interest from 5/15/03 to 9/3/03 (per diem -$11.40) $1,276.80 and Costs TOTAL $70,611.41 ~~l~ FRANK FEDERMAN, ESQUmE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. III III N N C:>C:> ~ ~ ~;:$ - - < f2 :;:; oz Z ~~ i>~~ 0 << -<~ ",~CN .... ~~ e3> -<....~g ~ 00 ~~ N ~ =--~ O....~~ U ZZ ZZ ~~~~ ~~ ~t ~~ 'i:i OZ ~go~ "' "' Q) ~~ ~~ , ~t: ~~~~ == ~ = ~~ ~ ~ Q) ~~ ~~ en ~ "' ....~f'f'l~ SS 0'7J Q) O~ ~=~~ ..0 ~~C:>~ <~ ~ ~ ~~ >. UZ ~~~~ rIi ~~ ~~ ro ~~ O~-< :> ~-< ~~ a 00 ~~ en ~u =~~~ ~~ .... .... I-< ~~ ~ = == Q) ~~ o~~e: ~~ o~ ~~ ~ S~ C~~~ ;~ ~ S III III 0.. ~~~~ Q) ~~ C:>C:> I-< U; -<~C~ '-:t'-:t Q) ~~ZU =--- ..s::: ~.... .... ~ ~~ ~~~~ u Ui == ~ en ~~Z~ ..i:j Q) ~~ I-< ~-<~u Q) 'i:l Z~ - 'i:l ~ ~-< =-- ..... < ....u ~ = - ~ f'" ?-= fi -,- -,- -:....,;' ~. + 'J .... ... '- - 3 ... ... .. ... .. ~j '" ... r-..... ... .. .... ... ...j a -i .... ... ... ~ a - f'..,.. ....{ ~ ( , ~ r;J o~8 8 \) ~ N) ~ (J () 0 lI) ........... 0"1 V} 0 ~ ,." L, ~n:.J ~ 0.: c) - 11 ?t oJ ",. ~ --a ~(V)- t"Il ...... cl ~ r5I. ALL THAT CERTAIN PARCEL OF LAND SITUATE IN THE BOROUGH OF WEST FAlRVIEW IN THE COUNTY OF CUMBERLAND AND ST ATE OF PENNSYLVANIA. BOUNDED A;~ DESCRIBED AS FOLLOWS. TO WIT: BEGINNING AT A POINT ON THE EASTERN LINE OF THIRD STREET AT THE INTERSECTION OF SAID STREET AND THE NORTHERN LINE OF LOT NOW OR LATE OF JOSEPH KEPFORD; THE1'1/CE IN A NORTHWESTERLY COURSE ALONG SAID THIRD STREET. THIRTY (30) FEET TO LOT NOW OR LATE OF GEORGE H. KEFFER. SAID LOT BEING NUMBERED THREE (3) IN THE PLAN OF LOTS HEREINAFTER MENTIONED; THENCE IN A NORTHEASTERLY DlREcrION ALONG SAID LAST MENTIONED LOT. ONE HUNDRED FORTY NINE (149) FEET SIX (6) INCHES TO AN ALLEY; THENCE ALONG SAID ALLEY SOUTHEASTW ARDL Y THIRTY (30) FEET TO THE SAID LOT OF JOSEPH KEPFORD. THENCE IN A SOUTHWESTERLY COURSE ALONG SAID LAST MENTIONED LOT. ONE HUNDRED FIFTY TWO (152) FEET SIX (6) INCHES. MORE OR LESS TO THE PLACE OF BEGINNING. HAVING THEREON ERECTED A TWO AND ONE HALF STORY FRAME DWELLING HOUSES NOW KNOWN A;'ffi NUMBERED AS No. 405 NORTH THIRD STREET. WEST I' AlRVIEW, PENNSYL V ANlA. BEING LOT No. Z IN PLOT B OF II. R. MAY'S EXTENSION TO WEST I' AlRVlEW, SAID PLAN BEING ENTERED IN PLA;~ BOOK No. I, PAGE 13,IN THE RECORDER'S OFFICE OF CUMBER.LAND COUNTY. PENNSYL V ANlA. BEING KNOWN AS 405 THIRD STREET, ENOLA, PA 17025. TAX PARCEL # 45-17-1044-046 TITLE TO SAID PREMISES IS VESTED IN RUSSELL A. FISHEL AND RAETT AM FISHEL, HUSBAND AND WIFE, BY DEED FROM HELEN T. WOOD WIDFOW . DATED 12/15/1995, RECORDED 12/22/1995 IN DEED BOOK 132, PAGE 1184. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-1441 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK MINNESOTA, N.A. AS TRUSTEE FOR THE LIQUIDITY FUNDING TRUST 2002-3 MORTGAGE BACKED CERTIFICATES SERIES 2002-LF3, Plaintiff (s) From RUSSELL A. FISHEL AND RAETTAM. FISHEL, 405 THIRD STREET, ENOLA, PA 17025 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $69,334.61 L.L. $.50 Interest FROM 5/15/03 TO 9/3/03 (PER DIEM - $11.40) - $1,276.80 AND COSTS Arty's Comm % Due Prothy $1.00 Arty Paid $136.35 Other Costs Plaintiff Paid Date: MAY 20, 2003 CURTIS R. LONG (Seal) Prothono1<!IY ~: ~~.e.7f~~ Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PIDLADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 FEDE~ANandPHELAN,LLP By: FRANK FEDE~AN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK MINNESOTA, N.A. AS TRUSTEE FOR THE LIQUIDITY FUNDING TRUST 2002-3 MORTGAGE BACKED CERTIFICATES SERIES 2002-LF3 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 03-1441 v. RUSSELL A. FISHEL RAETT A M. FISHEL Defendant( s). 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: (X) an FHA mortgage () non-owner occupied () vacant o Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~l\:~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff WELLS FARGO BANK MINNESOTA, N.A. AS TRUSTEE FOR THE LIQUIDITY FUNDING TRUST 2002-3 MORTGAGE BACKED CERTIFICATES SERIES 2002-LF3 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 03-1441 RUSSELL A. FISHEL RAETTA M. FISHEL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) WELLS FARGO BANK MINNESOTA. N.A. AS TRUSTEE FOR THE LIQUIDITY FUNDING TRUST 2002-3 MORTGAGE BACKED CERTIFICATES SERIES 2002-LF3, 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. 405 THIRD STREET. 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) RUSSELL A. FISHEL 405 THIRD STREET ENOLA, PA 17025 RAETTA M. FISHEL 405 THIRD STREET ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WASHINGTON MUTUAL FINANCE DIB! A BLAZER C.D.C. 1217 MARKET STREET LEMOYNE, PA 17043 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 405 THIRD STREET ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. May 14. 2003 DATE ~~L ~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff WELLS FARGO BANK MINNESOTA, N.A. AS TRUSTEE FOR THE LIQUIDITY FUNDING TRUST 2002-3 MORTGAGE BACKED CERTIFICATES SERIES 2002-LF3 Plaintiff, CUMBERLAND COUNTY No. 03-1441 v. RUSSELL A. FISHEL RAETTA M. FISHEL Defendant( s). May 14,2003 TO: RUSSELL A. FISHEL 405 THIRD STREET ENOLA, P A 17025 RAETT A M. FISHEL 405 THIRD STREET ENOLA, PA 17025 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at . 405 THIRD STREET. ENOLA. P A 17025. is scheduled to be sold at the Sheriffs Sale on 9/3/03 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $69.334.61 obtained by WELLS FARGO BANK MINNESOTA. N.A. AS TRUSTEE FOR THE LIQUIDITY FUNDING TRUST 2002-3 MORTGAGE BACKED CERTIFICATES SERIES 2002-LF3 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.c.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the 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 Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7 . You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN PARCEL OF LAND SITUATE IN THE BOROUGH OF WEST FAlRVlEW IN THE COL';IlTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AIl[}) DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE EASTERN LINE OF THIRD STREET AT THE INTERSECTION OF SAID STREET AND THE NORTHERN UNE OF LOT NOW OR LATE OF JOSEPH KEPFORD; THE1'1CE IN A NORTHWESTERLY COURSE ALONG SAID THIRD STREET, THIRTY (30) FEET TO LOT NOW OR LATE OF GEORGE H. KEFFER, SAID LOT BEING NUMBERED THREE (3) IN THE PLAN OF LOTS HEREINAFTER MENTIONED; THENCE IN A NORTHEASTERLY DIRECf10N ALONG SAID LAST MENTIONED LOT, ONE HUNDRED FORTY NINE (149) FEET SIX (6) INCHES TO AN ALLEY; THENCE ALONG SAID ALLEY SOUTHEASTWARDLY THIRTY (30) FEET TO THE SAID LOT OF JOSEPH KEPFORD; THENCE IN A SOUTRWESTERL Y COURSE ALONG SAID LAST MENTIONED LOT, ONE HUNDRED FlFTY TWO (152) FEET SIX (6) INCHES, MORE OR LESS TO TIlE PLACE OF BEGINNING. HAVING THEREON ERECTED A TWO AND ONE HA.LF STORY FRAME DWELLING HOUSES NOW KNOWN AND NUMBERED AS No. 405 NORTH THIRD STREET, WEST FAlRVIEW, PENNSYLVANIA- BEING LOT No. 1. IN PLOT B OF lL R. MAY'S EXTENSION TO WEST FAlRVlEW, SAID PLAN BEING ENTERED IN PLAi"! BOOK No. I, PAGE 23, IN THE RECORDER'S OFFICE OF CUMBERLAND COUNTY, PENNSYL V ANlA. BEING KNOWN AS 405 THIRD STREET, ENOLA, PA 17025. TAX PARCEL # 45-17-1044-046 TITLE TO SAID PREMISES IS VESTED IN RUSSELL A: FISHEL AND RAETT AM FISHEL, HUSBAND AND WIFE, BY DEED FROM HELEN T. WOOD, WIDFOW . DATED 12/15/1995, RECORDED 12/22/1995 IN DEED BOOK 132, PAGE 1184. AFFIDAVIT OF SERVICE CUMBERLAND COUNTY Ki'\1D PLAINTIFF WELLS FARGO BANK MINNESOTA, N.A. AS TRUSTEE FOR THE LIQUIDITY FUNDING TRUST 2002-3 MORTGAGE BACKED CERTIFICATES SERIES 2002-LF3 No. 03-1441 ACCT. #7259122 DEFENDANT(S) RUSSELL A. FISHEL RAETT A M. FISHEL Type of Action - Notice of Sheriff's Sale SERVE RUSSELL A. FISHEL AT 405 TIDRD STREET ENOLA, PA 17025 Sale Date: 9/3/03 Served and made known to --.R v6sJl at /0:'50 ,0'c1ockiL.m.,at ios- ! r-: SF;RVED ~ /j: . r i S~~ \ ,Defendant, on the 3" ~r(J. ~" We~ Fa:\(~ v~c: w , day of f/l.y ,200;3 , Commonwealth of Pennsylvania, in the manner described below: )( Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: -r:+r- . I Description: Age J2r ,.. Height 5'10" Weight Jff Race ~ Sex 11- Other tJo 'J a$sr.- 'S I, cl:>v~>,<<- J.... C~,c.*'1 .T~., a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this Hday ~. if . Of~200-' . Nota : By: PLEA AT~ LEAST 3 TIMES. INDICATE DATES NOTARIALSEAL M. .JOHANSSON. NllIIIYNic 1Wp., fnI1IcIn COIIIIr .., BqIiIIIDc.11._ TIMES OF SERVICE ATTEMPTED. On the day of NOT SERVED ,200_, at o'clock_.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1st Attempt: / / Time: 2nd Attempt:_ / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _. Notary: By: Attornev for Plaintiff Frank Federman, Esquire - J.D. No. 12248 >2 C".:J 0 ,- (.;,) "'I"J ~ ~,- -'J -0 G', '.- , -Tl [lJ ~(~ i- F"' "'~ ~..) i";"l _e- i .:1 C;::;I (/) i" , () .< r~ , -T. - - -.,i ~.:: (~ ,Tl -'" ......0 ~f ::> ::q C':;:. -..;. AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF, WELLS FARGO BAi"lK MINNESOTA, N.A. AS TRUSTEE FOR THE LIQUIDITY FUNDING TRUST 2002-3 No. 03-1441 MORT. GAGE BACKED CERTIFICATES SERIES 2002-LF3 KM:D ACCT. #7259122 DEFENDANT(S) RUSSELL A. FISHEL RAETT A M. FISHEL Type of Action _ Notice of Sheriff's Sale SERVE RAETT A M. FISHEL AT 405 TIDRD STREET ENOLA, PA 17025 Sale Date: 9/3/03 Served and made known to fa &-~ f{, G s~~~VE~Defendant, on the , 20a.2, at /0,' ",0, o'clock.J!,m, at tfo5 :5vc, 5.t-, I We.st- *" 3 f day of F&i;c"Vi~w A~( , Commonwealth of Pennsylvania, in the manner described below: -'\.o--Defendant personally served. ~Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age .f4.L iM Height.flg /: Weight -L..Z:L Race J11b Sex ~ Other tIJ 0 :J \. ~~:; e .. I, d "'~ c.~~ 1..., C-a.. ~y ,-;f-; a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manne .. in the captioned case on the date and at the address indicated above. NOTARlALSEAL RllAEIETHM,~_NIc GnIene 1Wp., FrRIn eo.ny MyCam......ElI!naDlc.1U. lAvsbot-l J RUSHI { ~, nsl,.tl( S worn to and subscribed before me this ..1!!:- day of -zN,.,L ,20o,J. NotaryC ,,"vm B~~i~ ATTEMPTED. TIMES OF SERVICE On the day of NOT SERVED ,200_, at o'clock _.m., Defendant NOT FOUND becaus(': Moved Unknown No Answer Vacant 1 st Attempt: I 1 Time: 2nd Attempt:_ 1 1 Time: 3rd Attempt: 1 1 Time: Sworn to and subscribed before me this _ day of , 200 _. Notary: By: Attornev for Plaintiff Frank Federman, Esquire - J.D. No. 12248 0 0 0 C L) n -- -0 t ~3 ;-:' nO] f"; , -, :J.: ~:c: ;'-,) ~~ '--, ~ l" J> .. I.J:) ':~ ).c. :::> ~. (::l -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK MINNESOTA, ) CNIL ACTION N.A. AS TRUSTEE FOR THE ) LIQUIDITY FUNDING TRUST 2002-3 MORTGAGE BACKED CERTIFICATES SERIES 2002-LF3 vs. ) CIVIL DIVISION ) NO. 03-1441 RUSSELL A. FISHEL REATTA M. FISHEL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for WELLS FARGO BANK MINNESOTA., N.A. AS TRUSTEE FOR THE LIQUIDITY FUNDING TRUST 2002-3 MORTGAGE BACKED CERTIFICATES SERIES 2002-LF3 hereby verify that on Mav 16. 2003 true and correct copies of the Notice of Sheriff s sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: Julv 31. 2003 ~, 1;f/j711.fVY1h FRANK FEDE AN, ESQUIRE Attorney for Plaintiff o>z ..."",,, "'.-; c: i(''''3 ~f ~ = ~ l'tl " '" ~ " 0- - - - - - - 0 " ~ = . Z Vo ... '" '" - 0 '-0 00 .... '" Vo ... '" '" - Cc ... '" ~ 3 [g l 0"" '< 0 en ~ .Z?; * 0 * .0 " :1}~ 0- * g * .. ~ 01 ;<l.-; ~ ~~~~~'- Z "'0;1 o 0 8. ~ ~ "'i"l....>ooo 3 :=zo a~ 5lZ...."'~:= 0 Fli"li"l 0 ag. ~ ~~~~g~ ~ ~~~ >- "'~ 0- a 0 (5 C'lzg ~ g:l~~ - ~ l>o "'"'. 0 0"' "'t"J '"''"'i''l ~ "'t"J Big i3l ~\ ~g~~~~ 0 ,.. =i"lfl:o n 0 \ en o ~ ~ >z'" ~; ~~~~~~ ;! . '"':= t-< J'. ",i"li"l to- ~ >l:Ilt"' ;... i"l,",i"l~~i"l 0- -",~ \,p' Z '"'~ Z "' ::It"' o r.. i"lUj 1!. 1f~ ~ ~::J"'rn= 0 BI ;;> ~ oZS n 0 ..... > ::i~'"' >- ...'" ",", t"Ji"l 0- S 3 a r .... 0- H .... ~t"":l~ @ '"' 0 . ... ~ i"l '" ~ N '" o. ~!! '" .... >ii1'" ... "' ...._0 0 ~ \, ....>= 0 z ~ o=z ....t"'''' 3 "'>'"' 0 Wl ~o 0 ; ~ ~~ ?I n t"J. 0 :2" ..... 3. !='> '" t"J.... . '" '" 0 .... ~ ~ ~\SPOsI4,., ~ "<" fj~'r-"_ _DE:;.,-.- _ III ~ ~ . z ~ l'nl'''''.~ gOW,,'; ~2 " $ 00.900 0004300371 MAY 16 2003 MAILED FROM ZIPC0DE 13103 j \ I \ Lrl . . 0 C) 0 C ,,) '11 S ?'" "Uu :;p ITI!I 6=5 z ;11 ZiT .-- i? (j)- ~l .~C) -" .-. .> ...,., ;?..- . (') z: .~ .- m 5(" W ::,) C ...., z :::> jj ::;! CD -< Wells Fargo Bank Minnesota, N.A., as Trustee for the Liquidity Funding Trust 2002-3 Mortgage Backed Certificates Series 2002- LF3 VS Russell A. Fishel and Raetta M. Fishel In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-1441 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Mileage Levy Surcharge Law Library Prothonotary Law Journal Patriot News Share of Bills 30.00 13.79 15.00 15.00 20.70 15.00 30.00 .50 1.00 270.05 263.20 28.90 $ 703.14 paid by attorney 8/27/03 .~..-,~ This~dayof ~~ . .. . r-- .. 1..:n,----R. Thomas Klme, Shenff 2003, A.D. '-----At.'!"". C: 1~...9f1 I ~_ , BY ';)tc Prothonotary Real E te Deputy Sworn and subscribed to before me \ :,-0 . cn...4\90~ fL. i~J.)n .~ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Ad. 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 Patriot-News and~ 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 22nd and 29th day(s) of July and the 5th day(s} of August 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY S ALE #31 ............(1.,~..A~......................... Sworn (~.:== beforem. .s 13t~daY ~ug 003 A.D. \ Teny L. Russell, NoIaIY p~ . t;!'Ai!4lj 01 Harrisburg, OauP:1ln Countf c ~ExplresJ~6,2006 NOT RY PUBLIC Membor.~As&oCialiOnOl~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 $ Probating same Notary Fee(s) $ Total $ 261.45 1.75 263.20 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... r PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 18, 25, 2003 AUGUST 1, 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 ofthe aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 31 <~~ /k ~ ---- ~k- tAz-: . sa Ma Coyne, Editor SWORN TO AND SUBSCRIB D before me this 1 day of AUGUST. 2003 Writ No. 2003-1441 ClvU Wells Fargo Bank Minnesota, N.A.. as Trustee for the Liquidity Funding Trust 2002-3 Mortgage Backed Certificates Series 2002-LF3 vs. Russell A Fishel and Raetta M. Fishel Atty.: Frank Federman ALL THAT CERTAiN parcei of land situate in the East Pennsboro Township, f/k/a Borough of West Falrv1ew in the County of Cumber- land and State of Pennsylvania. bounded and described as follows. to wit: BEGINNING at a point on the eastern line of Third Street at the intersection of said street and the northern line of lot now or late of Joseph Kepford; thence in a north- westerly course along said Third Street. thirty (30) feet to lot now or late of George H. Keefer. said lot being numbered three (3) in the Plan of Lots hereinafter mentioned: thence in a northeasterly direction along said last mentioned lot. one hundred forty nine (149) feet six (6) inches to an alley; thence along said alley southeastwardly thIrty (30) feet to the said lot of Joseph Kepford; thence in a southwesterly course along said last mentioned iot. one hundred fifty two (152) feet six (6) inches. more or less to the place of beginning. BEING Lot No. Z In Plot B of H.R. May's extension to West Fairview. said Plan being entered in Plan Book No. 1. Page 23. in the Recorder's Office of Cumberland County. Penn- sylvania. TAX PARCEL #45-17-1044-046. TITLE TO SAID PREMISES is ~~~) _~. xlllAP!VU NOt~ /I LOIS E. SNYDER, NoI8ry PublIc Cernlllo licro, Cun1lJOOE!nd Counly My Comllli5aloll Expires Marttl5, 2005 late of George n. 1"-....'--.~., _ being numbered three (3) in the Plan of Lots hereinafter mentioned; thence in a northeasterly direction along said last mentioned lot, one hundred forty nine {149} feet six (6) inches to an alley; thence along said alley southeastwardly thirty (30) feet to the said lot of Joseph Kepford; thence in a southwesterly course along said last mentioned lot, one hundred fifty two (1521 feet six (6) inches. more or less to the place of beginning. BEING Lot No. Z In Plot B of H.R. May's extension to West Fairview. said Plan being entered in Plan Book No. 1. Page 23, in the Recorder's Office of Cumberland County. Penn- sylvania. TAX PARCEL #45-17-1044-046. TITLE TO SAID PREMISES IS VESTED IN Russell A. Fishel and Raetta M. Fishel, husband and wife, by Deed from Helen T. Wood. widow dated t2/ t51I995. recorded t2/ 22/1995 tn Deed Book 132, Page 1184. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK MINNESOTA, N.A. AS TRUSTEE FOR THE LIQUIDITY FUNDING TRUST 2002-3 MORTGAGE BACKED CERTIFICATES SERIES 2002-LF3 Plaintiff, No. 03-1441 v. RUSSELL A. FISHEL RAETT A M. FISHEL Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $69,334.61 Interest from 5/14/03 to DECEMBER 6, 2006 (per diem -$11.40) $14,842.80 and Costs TOTAL $84,177.41 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the dir€ction of the plaintiff. It may not be sold in theabs~nce of ~ representative of the plaintiff at the Sheriff's Sal~. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. ""'. ~;S o~ ~~ ~~ p...r:n ~~ ~~~ o~ uZ ~ ~o u ~~ ?~ o ~~ =~ ~~ o ("oJ ~ ;SO r-- w:::~ fl~ S? (:5 ~:::~ C) (.:S ~L cry LU ...1- C.D =!lU ::J u.. :c. r-" ~....:C LL- o o ...c> c:::::::> = I:"..,j ~~ ~ ~ ~ ~ --J '8:: :: :: ~ ~ , I ~J.O~ ()('t)~- V;a-:.JM ~M-O ~ ~ tf"l . ~ ~ ~"'i' Z"' ~ ~ g <aC~ b~~~ r:n&~~ ~~~~ ~~f?r:n ~tQ~~ rn ~~~~ ;;. ~~~~ =:;~ o~~~ ~~C~ ~;~~ ~S~~ ~ ~< ~ = -.s", ~) o ~~ ~= SS ..('i :3< ~~ tf)~ ;~ z g ~ ? U ~~ ~a ~-% e ~~ ~~ ~:c 01: ~c:> ~6 ~ u ~ p... ~ \ l ..-'\ ~ ~ t:, ~ (} ~O-:~ V; - - - ~ ... l ~ ~ -n-n SS t-t- ........ << ~~ .J..J. aa z~ ~ "' ~~ i~ ~~ ~~ ~~ -n-n ~~ . - "'* tIi {/l o :g ..( ~ ~ ~ o ,D ~ a {/l t ~ p.. o ~ 1 ~ ~ ro ... ....... ~ ~ ~ ~ - ~ , o ~ ~-- i1t cJ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-1441 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK MINNESOTA, N.A. AS TRUSTEE FOR THE LIQUIDITY FUNDING TRUST 2002-3 MORTGAGE BACKED CERTIFICATES SERIES 2002-LF3, Plaintiff (s) From RUSSELL A. FISHEL AND RAETTA M. FISHEL (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $69,334.61 1.1. Interest FROM 5/14/03 TO 12/6/06 (PER DIEM - $11.40) - $14,842.80 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $851.99 Plaintiff Paid Date: AUGUST 30, 2006 Other Costs (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPIDA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 . . -_ WELLS FARGO BANK MINNESOTA, N.A. AS TRUSTEE FOR THE LIQUIDITY FUNDING TRUST 2002-3 MORTGAGE BACKED CERTIFICATES SERIES 2002-LF3 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 03-1441 RUSSELL A. FISHEL RAETT A M. FISHEL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) WELLS FARGO BANK MINNESOTA. N.A. AS TRUSTEE FOR THE LIQUIDITY FUNDING TRUST 2002-3 MORTGAGE BACKED CERTIFICATES SERIES 2002-LF3, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .405 THIRD STREET. WEST FAIRVIEW. PA 17025. I. Name and address of Owner( s) or reputed Owner( s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RUSSELL A. FISHEL 405 THIRD STREET ENOLA, PA 17025 RAETT A M. FISHEL 405 THIRD STREET ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None ~ .., 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WASHINGTON MUTUAL FINANCE D/B/A BLAZER C.D.C. 1217 MARKET STREET LEMOYNE, PA 17043 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 405 THIRD STREET WEST FAIRVIEW, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 JOHN ROBERT KALENISH 938 MOUNT AIRY DRIVE, STE. 204 JOHNSTOWN, PA 15904 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 28. 2006 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff o l ~ l z - oj .-< ,'" f"oo.;) c:> = C1""' o " ~.... f11-' r- ~R8 _c., i ..:\1..-:::': )~~ :5m 0....\ ~'i; -< ~',. c:: Gj c.." o :r:: C3 N o PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK MINNESOTA, N.A. AS TRUSTEE FOR THE LIQUIDITY FUNDING TRUST 2002-3 MORTGAGE BACKED CERTIFICATES SERIES 2002-LF3 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 03-1441 RUSSELL A. FISHEL RAETT A M. FISHEL Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage () non-owner occupied () vacant () Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff I"'-.) c.;.') c:...-, <:::r' o " -i :t:"Tl fTlr"':: ~G f,t .~.~~: . " :~~~~ :iJ .< :;':':.1"0 c:: G~--:i (..,) o o 1"',) C::. ..' ... WELLS FARGO BANK MINNESOTA, N.A. AS TRUSTEE FOR THE LIQUIDITY FUNDING TRUST 2002-3 MORTGAGE BACKED CERTIFICATES SERIES 2002-LF3 Plaintiff, CUMBERLAND COUNTY No. 03-1441 v. RUSSELL A. FISHEL RAETT A M. FISHEL Defendant(s). August 28, 2006 TO: RUSSELL A. FISHEL 405 THIRD STREET ENOLA, PA 17025 RAETTA M. FISHEL 405 THIRD STREET ENOL A, PA 17025 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED. THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at. 405 THIRD STREET. WEST FAIRVIEW. PA 17025. is scheduled to be sold at the Sheriffs Sale on DECEMBER 6. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $69.334.61 obtained by WELLS FARGO BANK MINNESOTA. N.A. AS TRUSTEE FOR THE LIQUIDITY FUNDING TRUST 2002-3 MORTGAGE BACKED CERTIFICATES SERIES 2002-LF3 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. . 4" You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HA VE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 .. . ~ ALL THAT CERTAIN PARCEL OF LAND SITUATE IN THE BOROUGH OF WEST FAIRVlEW IN THE CO{,MY OF CUMBERLAND AND STATE OF PENNSYL V ANlA., BOUNDED A1"'ID DESCRIBED AS FOLLOWS, TO WIT: BECL'INING AT A POINT ON THE EASTERN LINE OF THIRD STREET AT THE INTERSECTION OF SAID STREET AND THE NORTHERN LINE OF LOT NOW OR LA T[ OF JOSEPH KEPFORD; THE1'1CE IN A NORTHWESTERLY COURSE ALONC SAID THlRD STREET, munv (30) FEET TO LOT NOW OR LATE OF GEORCE H. KEFFER, SAID LOT BEING NUMBERED THREE (3) IN THE PLAN OF LOTS HEllEINAFl'ER MENTIONED; THENCE IN A NORTHEASTERLY DIRECTION ALONG SAID LAST MENTIONED LOT, ONE HUNDRED FORTY NINE (149) FEET SIX (6) INCHES TO AN ALLEY; THENCE ALONG SAID ALLEY SOUTHEASTWARDLY THIRTY (30) FEET TO THE SAID LOT OF JOSEPH KEPFORD; THENCE IN A SOUTHWESTERLY COURSE ALONG SAID LAST MENTIONED LOT, ONE HUNDRED FIFTY TWO (152) FEET SIX (6) INCHES, MORE OR LESS TO mE PLACE OF BEGINNING. HAYING THEREON ERECTED A TWO AND ONE HALF STORY FRAME DWELLING HOUSES NOW KNOWN A1~ NUMBERED AS No. 405 NORm THIRD STREET, WEST FAIRVlEW, PENNSYLVANIA. BEING LOT N.. 1. IN PLOT B OF fL R. MA Y'S EXTENSION TO WEST FAIR VIEW, SAID PlAN BEING ENTERED IN PLAl"l BOOK No. I, PAGE 23,IN THE RECORDER'S OmCE OF C~ElU.AND COUNTY, PENNSYL V ANlA. BEING KNOWN AS 405 THIRD STREET, ENOLA, PA 17025. TAX PARCEL # 45-17-1044-046 TITLE TO SAID PREMISES IS VESTED IN RUSSELL A.. FISHEL AND RAETT A M FISHEL, HUSBAND AND WIFE, BY DEED FROM HELEN T. WOOD, WIDFOW . DATED 12/15/1995, RECORDED 12/22/1995 IN DEED BOOK 132, PAGE 1184. ... , (") ~ (' ,- , r--..> C;::l c=> <;T\ > c:: G) (...,) o C> f1 ~-n nl-.- ,-- -on1 ".1(-- C{~ f.:..::>n1 ~ :0 -< :::) f~ -.:.... (:..:) f'.,) C. AFFIDA VIT OF SERVICE INTIFF CUMBERLAND COUNTY WELLS FARGO BANK MINNESOTA, N.A. AS TRUSTEE FOR THE LIQUIDITY FUNDING TRUST 2002-3 CQS MORTGAGE BACKED CERTIFICATES SERIES 2002-LF3 No. 03-1441 DEFENDANT(S) RUSSELL A. FISHEL RAETT A M. FISHEL PHS#- 1 ~33 d ACCT. #7259122 SERVE RUSSELL A. FISHEL AT 405 THIRD STREET ENOLA, PA 17025 Type of Action - Notice of Sheriff's Sale Sale Date: 12/6/06 SERVED Served and made known to J2u '~e } I A r~'.\ ~ e I at '2: 41 , o'clock fm., at Lfo ~ /Zt ~ r d s +, , Defendant, on the 1 s+ day of 5c~.ber,-200k , Commonwealth of Pennsylvania, in the manner described below: .Defendant personally served. , r V Adult family member with whom Defendant(s) reside(s). Name and Relationship is I\A J I 1- e Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age i.Js-:-ss- Height ~H Weight ~ Race ~ Sex --E Other I, --.t Ot)\ '6 120 ber+ S, a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 2nd Attempt: 1 1 Time: 1 st Attempt: / / Time: 3rd Attempt: 1 1 Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - J.D. No. 62205 ol7 0< /b- ,<. ~ "'.. ,# oJ AFFIDA VIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK MINNESOTA, N.A. AS TRUSTEE FOR THE LIQUIDITY FUNDING TRUST 2002-3 CQS MORTGAGE BACKED CERTIFICATES SERIES 2002-LF3 No. 03-1441 DEFENDANT(S) RUSSELL A. FISHEL RAETT A M. FISHEL ACCT. #7259122 SERVE RAETT A M. FISHEL 405 THIRD STREET ENOLA, PA 17025 Type of Action - Notice of Sheriff's Sale Sale Date: 12/6/06 SERVED Served and made known to _R ~ p++a.. AI{. (.'S he)" Defendant, on the , 200~ at 1.. '1/'], o'clock fJ.m., at l.{ OS- IV1: f' d $ -f, I Sf- day of Se p+e>"\.-ber- , Commonwealth of Pennsylvania, in the manner described below: VDefendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company, Other: Description: Age 'I<;--SS; Height S-)'7)1 Weight -' 3 S- Race ~ Sex -E Other I, t G \ J \. d ~ hel'-+- S , a competent adult, being duly sworn according to law, depose and state that 1 personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. By: D~-d ~ .- ~StC:~l0 OT ,\c;\V JF lsey PATRICIA E. HARRIS Commission Expires June 16, 2008 ~ TEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE A ITEMPTED. NOT SERVED On the day of ,200-, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1st Attempt: / 1 Time: 2nd Attempt: 1 / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - J.D. No. 62205 :Li ~ IS- o r- \'..: r-." C''';."} r:::'"J ..;;]""'\ .-::' C~) -;, o -c ::~.; 1',) N SALE DATE: DECEMBER 6. 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANIA ;~ it~ CIVIL ACTION - LAW WELLS FARGO BANK Mr~SOTA, N.A. AS TRUSTEE FOR THE LIQUIDITY No.: 03-1441 FUNDING TRUST 2002-3 MORTGAGE BACKED CERTIFICATES SERIES 2002-LF3 VS. RUSSELL A. FISHEL RAETT A M. FISHEL AJl?FlDA VIT PURSUANT TO RULE 3129.1 ANJO RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 405 THIRD STREET. WEST FAlRVIEW. PA 17025. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No.2 (previously filed) and Amended Affidavit No.2 on the date indicated, and a copy ofthe notice is attached as an Exhibit. A copy of the Certificate of Mailing . .' .. (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached!; I for each notice. D~~drn-1~ Attorney for Plaintiff December 5, 2006 WELLS FARGO BANK MIl'INESOTA, N.A. AS TRUSTEE FOR THE LIQUIDITY FUNDING TRUST 2002-3 MORTGAGE: BACKED CERTIFICATES SERIES 2002-LF3 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 03-1441 RUSSELL A. FISHEL RAETT A M. FISHEL Defendalllt( s). AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO BANK MINNESOTA. N.A. AS TRUSTEE FOR THE LIOUIDITY FUNDING TRUST 2002-3 MORTGAGE BACI(ED CERTIFICATES SERIES 2002-LF3, P1aintiffin the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .405 THIRD STREET. WEST FAIRVIEW. PA 17025. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RUSSELL A. FISHEL 405 THIRD STREET ENOLA, P A 17025 RAETTA M. FISHEL 405 THIRD STREET ENOLA, P A 17025 2. Name and address ofDefendant(s) in the judgment: Same as above 3, Name and last known addresi of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) W ASIDNGTON MUTUAL FINANCE D/BI A BLAZER C.D.C. 1217 MARKET STREET LEMOYNE, P A 17043 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 oth(:r person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 405 THIRD STREET WEST FAlRVIEW, PA 17025 Domestic Relations of Cumberhnd County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvani it Department of Welfare PO Box 2675 Harrisburg, P A 17105 COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY 938 MOUNT AIRY DRIVE, STE. 204 JOHNSTOWN, PA 15904 6TH FLOOR, STRA WHERRY SQUARE DEPT. 280601 HARRISBURG, P A 17128 JOHN ROBERT KALENISH INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER 1001 LIBERTY AVENUE 13TH FLOOR, SUITE 1300 PITTSBURGH, P A 15222 DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROC,RAM P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, P A 17105-8486 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 lmderstand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. November 3. 2006 DATE ~~ ~ DANIEL G. SCHMIEG, ES DIRE Attorney for Plaintiff .- -- ;t.i _ _ .... ~ -;: '0 .c i~ V' ,.. ~ i.\ Si. \ \t ~ ~\ ~ '''' ? nl \' ~~ l l \\?, i i \l\'\ !is\~\ i\.\\ . 1\~Q,3 ... \\\'" t . t \: ~ ~, \\\'\ .. .. \\~ \~~ ~ , . .~.i\\ \\\\ \\\\ \\,\ \\\.~ \i\\ y~~. \~\\ \\~\ i ..~. a- \. \t t'" S' - ~ ~ ~ ~ ~ ~ - . 9.~i t,~ ~ ~ ,. a. % t \ \~~\ ~~l~ J'~~\ ';1- ~ ,. e. t~. ~t~~ \\r, ~ ~ ore ~g >4 .. ~.. r \JO'S r-" $. ~ \~~i~\\\ ~ W;I 7 ,~ ~ 0 ~ \ ~\\ ~ ? \ \ ~llt ~~~l~~a\ ,2, ~ ~ ~ ~ 1:. -: 0';1." 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"t'-l~l".l;:; If' C') 0 (; ~~ ~ o"'~ i i e ~ ~Q ~ z~~ i [( t " ~ i r \- ~f- gt,Z oort! ~ ~ ...~ ~ - ~. ~ - ~~~~~ Iii' -J "'dg ~~ goO' -a'S' a:"Tjne; ~~~E ~_~~l S~~ \0 0 > o~~Z l.f \Xl .... -o~~~ ~g. t3 .;..~ ~~g.~ ~Vlgm ~ g.. 0 ,.., 0 ~ ~~ ~ ~o ~ ~ ~ .J ~ vJ vJ ~ . . . . ~ 4"~PO&,.~ II gez~"TN=~ . 02 1M $ 00.950 0004216010 t\OV 03 2006 MAILED FROM ZIP CODE 19103 f \ IJ (') ~ -of:;; ~., . . l ~ .. ~,;:.: -< ~ 5:, 5~=1 )..,,~;; ~ .-<: r-..) = = er- e rrJ c;-> . 0'"\ o '"11 -l ::t:-n mp -ern -u9 (J c'_) :'l~i~ de 6n1 -"I ~ -0 3 U1 ex> 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 Sheriffs Deed in which LiQuidity Funding Trust 2002-3 Trustee is the grantee the same having been sold to said grantee on the 26th day of December A.D., 2006, under and by virtue of a writ Execution issued on the 30th day of August, A.D., 2006, out ofthe Court of Common Pleas of said County as of Civil Term, 2003 Number 1441, at the suit of Liquidity Funding Trust 2002-3 Trustee against Russell a & Raetta M Fishel is duly recorded in Deed Book No. 278, Page 497. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this c:z C day of j)~<::.. ,A.D.M~ ~v RecoIdIr 01 DeIdI. CumbIrIInd CoIIlty, CIdIII, PA My ComIilIsaIon &pm lie Fnt MoRdIy<< JIn. 2010 Recorder of Deeds Wells Fargo Bank Minnesota, N.A as Trustee For the Liquidity Funding Trust 2002-3 Mortgage Backed Certificates Series 2002- LP3 VS Russell A Fishel and Raetta M. Fishel In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-1441 Civil Term Cpl Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on October 18, 2006 at 1141 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Russell A Fishel, by making known unto Russell A Fishel personally, at 19 Lois Lane, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy ofthe same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on October 18,2006 at 1526 hours, he served a true copy ofthe within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Raetta M. Fishel, by making known unto Raetta M. Fishel personally, at 95 2nd Street, West Fairview, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy ofthe same. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on October 13, 2006 at 1942 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Russell A Fishel and Raetta M. Fishel located at 405 Third Street, Enola, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Russell A Fishel and Raetta M. Fishel, by regular mail to their last known address of 19 Lois Lane, Mechanicsburg, PA 17055 and 95 2nd Street, West Fairview, PA 17025 respectively. These letters were mailed under the date of October 23, 2006 and never returned to the Sheriffs Office. 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 December 6, 2006 at 10:00 o'clock AM. He sold the same for the sum of$1.00 to attorney Daniel G. Schmieg on behalf of Wells Fargo Bank Minnesota, N.A, as Trustee for the Liquidity Funding Trust 2002-3 Mortgage Backed Certificates Series 2002-LF3. It being the highest bid and best price received for the same, Wells Fargo Bank Minnesota, N.A, as Trustee for the Liquidity Funding Trust 2002-3 Mortgage Backed Certificates Series 2002-LF3 of7105 Corporate Drive, Piano, TX, 75024 being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$989.18. Sheriffs Costs: l Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Prothonotary Mileage Certified Mail 30.00 19.40 15.00 15.00 30.00 10.00 1.00 38.72 1.56 15.00 30.00 371. 00 332.06 15.94 25.00 39.50 $989.18 -./ lJU.l/()7C)w. ;~~.:~ Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed R. Thomas Kline, Sheriff yj~ B D . Real Estat Sergeant ~~ u1> ~o. 0-0 \ . tie.. ~ {, '1 f:J..I Ru" /11 {. 7<1 WELLS FARGO BANK MINNESOTA, N.A. AS TRUSTEE FOR THE LIQUIDITY FUNDING TRUST 2002-3 MORTGAGE BACKED CERTIFICATES SERIES 2002-LF3 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 03-1441 RUSSELL A. FISHEL RAETT A M. FISHEL ;J Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) . WELLS FARGO BANK MINNESOTA. N.A. AS TRUSTEE FOR THE LIQUIDITY FUNDING TRUST 2002-3 MORTGAGE BACKED CERTIFICATES SERIES 2002-LF3, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .405 THIRD STREET. WEST FAIRVIEW. 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) RUSSELL A. FISHEL 405 THIRD STREET ENOLA, PA 17025 RAETT A M. FISHEL 405 THIRD STREET ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WASHINGTON MUTUAL FINANCE D/B/A BLAZER C.D.C. 1217 MARKET STREET LEMOYNE, PA 17043 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 405 THIRD STREET WEST FAIRVIEW, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 JOHN ROBERT KALENISH 938 MOUNT AIRY DRIVE, STE. 204 JOHNSTOWN, P A 15904 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 28, 2006 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff . " WELLS FARGO BANK MINNESOTA, N.A. AS TRUSTEE FOR THE LIQUIDITY FUNDING TRUST 2002-3 MORTGAGE BACKED CERTIFICATES SERIES 2002-LF3 Plaintiff, CUMBERLAND COUNTY No. 03-1441 v. RUSSELL A. FISHEL RAETT A M. FISHEL Defendant(s). August 28, 2006 TO: RUSSELL A. FISHEL 405 THIRD STREET ENOLA, PA 17025 RAETT A M. FISHEL 405 THIRD STREET ENOLA, P A 17025 **THIS FIRM IS A DEBT COLLECTOR AlTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN AlTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at. 405 THIRD STREET. WEST FAIRVIEW. PA 17025. is scheduled to be sold at the Sheriffs Sale on DECEMBER 6. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $69.334.61 obtained by WELLS FARGO BANK MINNESOTA. N.A. AS TRUSTEE FOR THE LIQUIDITY FUNDING TRUST 2002-3 MORTGAGE BACKED CERTIFICATES SERIES 2002-LF3 (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 MA Y BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2, You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. , You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7 . You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 , ALL THAT CERTAIN PARCEL OF LAND SITUATE IN THE BOROUGH OF WEST FAIRVlEW IN THE COL';IlTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED Al"'ID DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE EASTERN LINE OF THIRD STREET AT THE INTERSECTION OF SAID STREET AND THE NORTHERN UNE OF LOT NOW OR LATE OF JOSEPH KEPFORD; THE1'1CE IN A NORTHWESTERLY COURSE ALONG SAID THIRD STREET, mlRTY (30) FEET TO LOT NOW OR LATE OF GEORGE H. KEFFER, SAID LOT BEING NUMBERED THREE (3) IN THE PLAN OF LOTS HEREINAFrER MENTIONED; THENCE IN A NORTHEASTERLY DIRECf10N ALONG SAID LAST MENTIONED LOT, ONE HUNDRED FORTY NINE (149) FEET SIX (6) INCHES TO AN ALLEY; THENCE ALONG SAID ALLEY SOUTHEASTWARDLY THIRTY (30) FEET TO THE SAID LOT OF JOSEPH KEPFORD; THENCE IN A SOUTHWESTERLY COURSE ALONG SAID LAST MENTIONED LOT, ONE HUNDRED FlFTY TWO (152) FEET SIX (6) INCHES, MORE OR LESS TO TIlE P.LACE OF BEGINNING. HAYING THEREON ERECTED A TWO AND ONE HALF STORY FRAME DWELLING HOUSES NOW KNOWN Al~ NUMBERED AS No. 405 NORTH THIRD STREET, WEST FAIRVIEW, PENNSYL V ANlA. BEING LOT Ne. Z IN PLOT B OF lL R. MA Y'S EXTENSION TO WEST FAIRVlEW, SAID PLAN BEING ENTERED IN PLAl.... BOOK No. I, PAGE 23, IN THE RECORDER'S OmCE OF C~ERLAND COUNTY, PENNSYL V ANlA. BEING KNOWN AS 405 THIRD STREET, ENOLA, P A 17025. TAX PARCEL # 45-17 -1044-046 TITLE TO SAID PREMISES IS VESTED IN RUSSELL A: FISHEL AND RAETTA M FISHEL, HUSBAND AND WIFE, BY DEED FROM HELEN T. WOOD, WIDFOW . DATED 12/15/1995, RECORDED 12/22/1995 IN DEED BOOK 132, PAGE 1184. WRIT OF EXECU!ION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 03-1441 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK MINNESOTA, N.A. AS TRUSTEE FOR THE LIQUIDITY FUNDING TRUST 2002-3 MORTGAGE BACKED CERTIFICATES SERIES 2002-LF3, Plaintiff (s) From RUSSELL A. FISHEL AND RAETTA M. FISHEL (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $69,334.61 L.L. Interest FROM 5/14/03 TO 12/6/06 (PER DIEM - $11.40) - $14,842.80 AND COSTS Atty's Comm % Due Prothy $1.00 Arty Paid $851.99 Plaintiff Paid Date: AUGUST 30, 2006 Other Costs (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 70 On September 11, 2006 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 405 Third Street, Enola, more fully described on Exhibit "A" Date: September 11,2006 By: j^rl.kX::-"'~' Re~ &~S~~~ ~ ~ ~ ~ filed with this writ and by this reference incorporated herein. OS :ll diE snv qOOl \id ''\11\ iU ",. I;~i;~ 8HflJ ;HI~3HS 3Hl. .:;0 3J1.JjO ~ . ," THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever sInce; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 25th day(s) of October and the 1st and 8th day(s) of November 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317, PUBLICATION COpy S ALE #70 ~ .2t!t~~.................................. efore me thisda~~Atmw~~~~IA Notarial Seal Terry L. Russell, Notary Public City Of Harrisburg, 0 hin County My Com ssion Ex re une 6, 2010 Member. P .nnsv van. - ,o,()c!"tin!1 of Notaries ~ ARYPUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A. 17013 l PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEAL TH OF PENNSYL VANIA SSe COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: October 20, October 27 and November 3, 2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 3 day of November, 2006 At SEAl LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 REAL ESTATIt SALE NO. 70 WIit No. 2003-1441 Civil Wells Fargo Bank Minnesota, N.A. as Trustee for the Liquidity Funding Trust 2002-3 Mortgage Backed Certificates Series 2002-LF3 vs. Russell A. Fishel and Raetta M. Fishel Atty.: Daniel Schmieg ALL TIiAT certain parcel of land situate in the Borough of West Fairview n/k/ a East Pennsboro Township in the County of Cumber- land and State of Pennsylvania, bounded and descIibed as follows, to wit: BEGINNING at a point on the eastern line of Third Street at the intersection of said street and the northern line of lot now or late of Joseph Kepford; THENCE in a northwesterly course along said Third Street, thirty (301 feet to lot now or late of George H. Keffer. said lot being numbered three (3) in the plan of lots hereinafter mentioned; TIIENCE in a northeasterly direc- tion along said last mentioned lot, one hundred forty nine (149) feet six (6) inches to an alley; THENCE along said alley southeastwardly thirty (30) feet to the said lot of Jo- seph Kepford; THENCE in a south- westerly course along said last men- tioned lot, one hundred fifty two (152) feet six (6) inches. more or less to the place of beginning. HAVING THEREON ERECTED a two and one half story frame dwell- ing houses now known and num- bered as No. 405 North Third Street. West Fairview, Pennsylvania. BEING LOT NO. Z in Plot B of H. R. May's extension to West Fairview, said plan being entered in Plan Book No.1. Page 23, in the Recorder's office of Cumberland County, Pennsylvania. BEING KNOWN AS 405 THIRD STREET, ENOIA, PA 17025. TAX PARCEL # 45-17-1044-046. TITLE TO SAID PREMISES IS VESTED IN Russell A. Fishel and Raetta M. Fishel, husband and wife, by Deed from Helen T. Wood, widow dated 12/15/1995. recorded 12/22/1995 in Deed Book 132, Page 1184.