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HomeMy WebLinkAbout03-2069FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff MICHAEL J. WARNER 311 FIFTH STREET WESTFAIRVIEW, PA 17025 COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY JENNIFER L. WARNER 311 FIFTH STREET WEST FAIRVIEW, PA 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 ALIEN 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 #: 2018750 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. Loan #: 2018750 1. Plaintiff is WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 The name(s) and last known address(es) of the Defendant(s) are: MICHAEL J. WARNER 311 FIFTH STREET WESTFAIRVIEW, PA 17025 JENNIFER L. WARNER 311 FIFTH STREET WESTFAIRVIEW, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 09/21/1995 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1283, Page 479. Said mortgage was modified as set forth in the modification agreement dated 10/11/99, in Mortgage Book No. 627, Page 405. 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 12/01/2002 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. Loan #: 2018750 The following amounts are due on the mortgage: Principal Balance Interest 11/01/2002 through 04/30/2003 (Per Diem $16.00) Attorney's Fees Cumulative Late Charges 09/21/1995 to 04/30/2003 Cost of Suit and Title Search Subtotal $76,792.36 2,896.00 1,250.00 931.49 $ 550.00 $ 82,419.85 Escrow Credit 0.00 Deficit 295.22 Subtotal $ 295.22 TOTAL $ 82,715.07 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 82,715.07, together with interest from 04/30/2003 at the rate of $16.00 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. F1L~NK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Loan #: 20~8750 Cu~berland and Comm~nweal~ ~ Pe~lvanla. m~re parHcular~ d~ed her husband; =hence scu=hwardly along said Alley thirty (30) feet ~o line of Lot No. 34' in the hereinaf=er men=ioned Plan{ thence (138.7) feet to ~hm ~l~ce of B~INN~G. of the ~state of J~es ~Co~ck, deceased, and recorded in the Office ~ook i, Page 4. ~VING thereon erected the no~hern half of a double f=~e dwelling Deed dated Jmnua~ 6, 1988 and recorded J~ua~ 15, ~988 in the Office o~ the Recorder o~ Dee~s in an~ for C~erl~d Coun=y, ~ennsylvanla, Kauff~n and Marlena J. Kauff~n, his wife, Grantors herein. PREMISES ON 311 FIFTH STREET VERIFICATION Janice Bergthold hereby states that she is Vice President Loan Documentation of WELLS FARGO HOME MORTGAGE, INC. 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 in Mortgage Foreclosure 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. DATE: JANICE'~BERGTHOLD, VICE PRESIDENT 'L'~AN DOCUMENTATION cASS NO: 2005-02069 P COMI~oNWE _ ~ D4BSRLAIqD COUNT% 09' ~' ~S ~ pennsylvania' Cuniberland CountYr~ sayS, the within at ~ HOURS, WEST FAIRVIEW, PA 17025 MICHAEL WARNER a true and attested copy of sherif[ or DepUtY sheri[f o[ who being duly sworn according to laW, waS served upon the 7th day off on the 200S by handing to COMPLAINT - MoRT FORE together with and at the same time directing Hi~s attention to the contentS thereof. sheriff's CostS: 18.00 Docketing 10.35 Service .00 Affidavit 10.00 surcharge .00 35 sworn and subscribed to before me this ~ day of So Answers ine os/o /loo FEDERMAN & pHELAN By: CASE NO: 2003-02069 P CoMMON~EALTt{ OF pENNSYLVANIA COUNTY OF CUMBERLAND WS sheriCf or ~ pennsylvania' who being cumberland CountY,~ sayS, the within by handing to a true an DepUty sheriff of duly swOrn acCOrding to laW, the was served upon on the ~ day together with and at the same time directing H~er attention to the contents thereO~ sheriff's costS: 6.00 Docketing .00 .00 service Af~idavit lO.O0 .00 surcharge ~ SWOrn and subscribed to before ~ day o~ me this ~ A.D. os/Os/ oo FEDERMAIq~ By: FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO HOME MORTGAGE , INC. F/K/A NORVCEST MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL,SC 29715 Plaintiff, MICHAEL J. WARNER JENNIFER L. WARNER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-2069 CIVIL TERM PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against MICHAEL J. WARNER and JENNIFER L. WARNER, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 4/30/03 to 6/25/03 TOTAL $82,715.07 $912.00 $83,627.07 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS iNDICATeD. DATE: ,~ JLL[,,J ]t~I.C~O.~ /J[_.~,YJ'-'~t..4~)' PRO PROTHY ~ ,~DBICMAN AND P'HBLAN, LLI' FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALL1NAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (715) 56q-7000 WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff Vs. MICHAEL $. WARNER JENNIFER L. WARNER Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DMSION CUMBERLAND COUNTY : NO. 03-2069 CIVIL TERM TO: JENNIFER L. WARNER 311 FI~'I'H STREET WEST FA1RVIEW, PA 17025 DATE OF NOTICE: Jl ~fE, 4, 2003 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU 1N AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY 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 fights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff F~.NK. FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (715) 56%7000 WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff VS. MICHAEL J. WARNER JENNIJ:ER L. WARNER Defendants ATTORNEY FOR PLAINTIFF : COURT OF COIVhMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 03-2069 CIVIL TERM TO: MICHAEL J. WARNER 311 FIFTH STREET WEST FAIRVIEW, PA 17025 DATE OF NOTICE: ,HFNE 4, 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.Il: 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. I]VIPORTANT 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 fxom the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important fights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff CASE NO: 2003-02069 P COMMONWEALTH OF PENNSYLVANIA: ~'COUNTY OF CUMBERIJtND WELLS FARGO HOME MORTGAGE INC VS WARNER MICHAEL J ET AL JASON VtORAL , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE WARNER MICHAEL J DEFENDA/~T , at 1942:00 HOURS, at 311 FIFTH STREET WEST FAIRVIEW, PA 17025 MICHAEL WARiWER a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 7th day of May 2003 by handing to - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 38.35 05/08/2003 FEDERMAN & PHELAN Sworn and Subscribed to before me this day of A.D. Prothonotary By: Sheriff CASE NO: 2003-02069 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLJ~ND WELLS FARGO HOME MORTGAGE INC VS WARNER MICHAEL J ET AL JASON VIOHAL Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE WARNER JENNIFER L DEFENDANT , at 1946:00 HOURS, at 341 FIFTH STREET WEST FAIRVIEW, PA 17025 JENNIFER WARNER a true and attested copy o~ COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 7th day Of May , 2003 by handing to - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of A.D. So Answers: R. Thomas Kline 05/0s/2003 FEDERMAN & PHELAi~ By: Sheriff Prothonotary FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO HOME MORTGAGE, INC. F/FdA NORWEST MORTGAGE, INC. 3476 STATEVIEW BOULEVARD Plaintiff, MICHAEL J. WARNER JENNIFER L, WARNER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-2069 - CIVIL TERM 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 othex~vise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant MICHAEL J. WARNER is over 18 years of age and resides at, 311 FIFTH STREET , WEST FAIRVIEW, PA 17025 . (c) that defendant JENNIFER L. WARNER is over 18 years of age, and resides at, 311 FIFTH STREET, WEST FAIRVIEW, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WELLS FARGO HOME MORTGAGE, INC. F/FdA NORWEST MORTGAGE, INC. Plaintiff, lt. MICHAEL J. WARNER JENNIFER L. WARNER Defendant(s). No. 03-2069 - CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 6/25/03 to DECEMBER I0, 2003 (per diem -$13.75) TOTAL $83,627.07 $2,310.00 and Costs $85,898.29 FRANK FEDERMAN, ESQUIRE One Perm Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No, ea ALL THAT C]~TAIN tract or parcel of land ~ plemi~e~s, situate, lying and be/ng in the Borough of We~t Fab-view in th~ Couuty of C'~nberland and Commonwealth of Pe~.nsylvania, more panicolafly described ~ followa: BEGINNING at a point on fl~¢ W¢~'m skl~ of Slate Alley tl~e~ h~ ~i~ (3~0) f~ S~ of ~ Southern li~ of W~ Sg~L ~ li~ of ~op~ now at ~ of E~h C. ~la ~ ~ge W. H~let, ~ h~d; ~e~ ~o~w~ly flo~ ~d Alloy ~ (30) f~ ~ 1~ of ~)t Na. ~4 ~ ~ ~reina~r ~on~ p~ ~ce W~w~ly hy a li~ ~lel ~th W~ S~t ~ p~s~ ~ c~t~r of ~ ~fltlOn of a ~uble f~e ~se, ~ec~ on the 1~ hc~ ~t~ ~ ~t No~ ~, one ~ed ~y-~ ~ s~ t~ (136.6) f~, mo~ or ]~s, ~ ~ (f~er~ ~o~=t) S~eet; the~e Nonhwa~ly along a~ H~ S~eet, thi~y (a0) feet, mm or 1~ to ~ ~w or I~ of ~e~ C. H~I~ ~ ~orge W, H~I~ ~ husba~, ~ th~ ~Iy by ~ lt~ of ~id h~ m~tiomd ~p~, ~ h~ ~j~.eigM a~ ~ ~i (laS,~ f~ to ~ pla~ of begitmi~. BEING Lot No. 35, in the extension of Plan of Lots made by the Tmst~s of t~¢ E.$ta~ of James McCormick, deceased, and recorded in the Office for the Reco:di~g of Deeds in and fat said Cumberland County in Plan Book 1, Page 4. ItAV1NG thereon erected the Northern half cfa double frame dw~Uing ho,se known as 311 Fifth Str~. TAX PARCEL #45. [7-I044-178 TITLE TO -SAID PREMI.$F.S IS VESTED IN Michael $, Warner and Jennifer L. Warner, bis wife by Deed from Douglas E. Kauffman and Matle~a ,L Kauffman, his wif~ dated 9/15t1995 and recorded 9/25/1995 in Record ]k~ok 128, Page 722. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-2069 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO HOME MORTGAGE, INC. F/FdA NORWEST MORTGAGE, INC. Plaintiff (s) From MICHAEL J. WARNER AND JENNIFER L. WARNER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possessiun 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 $83,627.07 L.L. $1.00 Interest FROM 6/25/03 TO 12/10/03 (PER DIEM - $13.75) - $2,310.00 AND COSTS Atty's Corem % Atty Paid $136.35 Plaintiff Paid Date: .JULY 1, 2003 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Due Prothy $.50 Other Costs CURTIS R. LONG Prothono~.~y Deputy Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO HOME MORTGAGE, INC. F/K/A NORWEST MORTGAGE, INC. Plaintiff, MICHAEL J. WARNER JENNIFER L. WARNER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-2069 - CIVIL TERM 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 ( ) 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. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff WELLS FARGO HOME MORTGAGE, INC. F/K/A NORWEST MORTGAGE, INC. Plaintiff, MICHAEL J. WARNER JENNIFER L. WARNER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-2069 - CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO HOME MORTGAGE, INC. F/K/A NORWEST MORTGAGE, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of thc date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,311 FIFTH 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) MICHAEL J. WARNER 311 FIFTH STREET WEST FAIRVIEW, PA 17025 JENNIFER L. WARNER 311 FIFTH STREET WEST FAIRVIEW, 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 MIDLAND CREDIT MANAGEMENT ,INC. Last Known Address (if address cannot be reasonably ascertained, please indicate) P.O. BOX 356 WEST CHESTER, PA 19381 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) None 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 plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Salne Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 311 FIFTH STREET WEST FAIRVIEW, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. June 24, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff WELLS FARGO HOME MORTGAGE, INC. F/K/A NORWEST MORTGAGE, INC. Plaintiff, MICHAEL J. WARNER JENNIFER L. WARNER Defendant(s). TO: MICHAEL J. WARNER 311 FIIrFH STREET WEST FAIRVIEW, PA 17025 CUMBERLAND COUNTY No. 03-2069 - CIVIL TERM June 24, 2003 JENNIFER L. WARNER 311 FIFTH STREET WEST FAIRVIEW, PA 17025 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA 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, 311 FIFTH STREET, WEST FAIRVIEW, PA 17025, is scheduled to be sold at the Sheriffs Sale on DECEMBER 10, 2003 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $83,627.07 obtained by WELLS FARGO HOME MORTGAGE, INC. F/K/A NORWEST MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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 Sheriff's 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. 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 tract or parcel of land and p~raise~, situste, lying and b~ing in of West ~a~ew ~ ~e ~ o~ ~l~ ~ Commonwe~ of ~ylv~tn, ~ ~ul~ly BIEGINNVING at a pc, ira on rite Western sid~ of State Alley Soutl~rn 1~ of W~ S~, at [i~ of ~p~ ~w or 1~ of ~h C. ~let ~ ~ge W. H~let, ~ h~d; the~ So~w~ ~o~ he~i~flcr ~ion~ p~; ~ W~w~ly by a li~ ~lel w~ W~ S~t ~tcr of ~e ~fl Of a ~b]~ ~ ~, erec~ ~ed ~-~ ~ s~ t~ (136.6) f~, th~ N~hwa~ly alo~ s~ ~ S~ee[, th~ (30) last ~inncd ~op~, ~ ~r~ ~t~-cight ~ ~vm t~s (138,~ f~ to ~ pla~ of heghmi~. BEING Let No. 35, in the exte~io~ of Plan of Lots maAe by the Trustees of the F..staie of Jnmes McCormick, deceased, and recorded in the Office for the Rec. c~li~ of Deeds in and for said Cumberland County in Plan Book 1, Page 4. IIAVIIVG thereon erected the Nor~hcm half of a double framc dwelling howe known a~ 311 Fifth TAX PARCEJ. #4547-I044-178 TITLE TQ SAID PREMISES IS VESTED IN Mi~ael J, Warner aud Jennifer L. Warner, bis wife by D~ from Dou~s E. K~ff~ ~ M~e~a J. ~, ~ wi~ ~d 9t1~t1~5 a~ ~ 91~/1995 in R~ ~k 1~8. ~gc 7~. PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE WELLS FARGO HOME MORTGAGE, INC. F/K/A NORWEST MORTGAGE, INC. MICHAEL J. WARNER JENNIFER L. WARNER SERVE JENNIFER L. WARNER AT 311 FIFTH STREET WEST FAIRVIEW, PA 17025 CUMBERLAND COUNTY KMD No. 03-2069 - CIVIL TERM ACCT. 6{2018750 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 10, 2003 SERVED Served and made known to _~'-~N~ ~1~ ~'~ L ~kyt~ Defendant, on the /6 ~ ¢ * ~- , N I day of ~-~ , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult in charge of De£endam(s)'s residence who refused to give name or rel-~t-t'ionship. ___Manager/Clerk of place of lodging in which Defendant(s) reside(s). __ Agent or person in charge of Defendant(s)'s office or usual place of business. __Other: an officer of said Defendant(s)'s company. Description: Age--l~_]1~' Height~ t Weight_.~,~O /~u. --' Race ~,J~ Sex ~_Other /~JO 3~P~ ~n~)o~ad~e~':t~~_c~atOt~;:~fobv~?egrd~}Ys;~Ve°~ tahCec~ad~get'~ l~eW{ fdoer~era~dm,S~;etdha, tmlthe Sworn to a ..... NOT/}RI~I. ~ ] before e this ~_~ da . ATTEMPTED. ~J On the _ day of_ ___ Moved __ Unknown _ No Answer 1st Attempt:_ / / Time:_ : 3rd Attempt:_ / / Time: : Sworn to and subscribed before me this _ day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 NOT SERVED ,200__, at __ o'clock __.m., Defendant NOT FOUND because: __ Vacant 2"~ Attempt:_ / / .Time: : PLAINTIFF DEFENDANT(S) SERVE MICHAEL J. WARNER AT 311 FIFTH STREET WEST FAIRVIEW, PA 17025 AFFIDAVIT OF SERVICE WELLS FARGO HOME MORTGAGE, INC. F/K/A NORWEST MORTGAGE, INC. MICHAEL J. WARNER JENNIFER L. WARNER CUMBERLAND COUNTY KMD No. 03-2069 - CIVIL TERM ACCT. g..~l~/b'W 1/7000 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 10, 2003 Served and made known to ~ j (~ ,200t, at~-eLP''~. o'clockf, m., at SERVED ~ ~¢~ ~t:f~, Defendant, on the / ~' ~[~ . day of ~\/ , 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 of Defendant(s)'s residence who refused to give name or r~lationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. Other: an officer of said Defendant(s)'s company. Description: Age_t4tl~- Height__~ Weight~o~.20 Race W~ Sex ~ Other ~00 O~r~$~'e~ I,~-j:~f(~l. Jc3~_ Pl C.t..4q '~ ,a competent adult, being dui sw~ma .... pe~ssonali~ed a ~ee and[correct co-', of the No ........ Y~ . .cc°roing to ,aw, aepose and state that I },y ~once m ~nentFs ~a~e in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to ant~ subscri~e.d ~ .~_.~~11/11¥ ~ before me thru _~ i:lay FLEASE ATTEMPT SER~CE AT L ....... ~ x '[ , ~--. NOT SER~D On the ~_ day of Moved __ Unknown 1st Attempt:. / / Time:__ 3rd Attempt:_ I / Time:_ : Sworn to and subscribed before me this --_ day of __, 200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - LD. No. 12248 _, 200__, at __ o'clock __.m., Defendant NOT FOUND because: ___ No Answer ~ Vacant 2~a Attempt:__ / /.f Time:._._.fi.. Wells Fargo Home Mortgage, Inc. f/k/a Norwest Mortgage, Inc. VS Michael J. Warner and Jennifer L. Warner In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-2069 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. Sheriff's Costs: Docketing 30.00 Poundage 15.40 Posting Handbills 15.00 Advertising 15.00 Mileage 20.70 Levy 15.00 Surcharge 30.00 Law Library .50 Prothonotary 1.00 Law Journal 311.90 Patriot News 281.89 Postpone Sale 20.00 Share of Bills 28.90 $ 785.29 paid by attorney 01/13/04 Sworn and subscribed to before me Prothonotary R. Thomas Kline, Sheriff Real Est~e Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No, 587, Approve:t 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 The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 28th day(s) of October and the 4th and 11th day(s) of November 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the 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. COPY ~~e~ ~ NOTARY PUBLIC ~,~ms~ania~~~ ~mmission expires June 6, 2006 CUMBERED ~U~ SHERIFFS OFFICE CUMBERED ~U~ ~SE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 281.89 Publisher's Receipt for Advertising Cost 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. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : $$. 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 17, 24, 31, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 25 Writ No. 2003-2069 Civil Wells Fargo Home Mortgage, Inc., f/k/a Norwest Mortgage, Inc. VS. Michael J. Warner and Jennifer L. Warner Atty.: Frank Federman ALL THAT CERTAIN tract or par- eel of land and premises, situate, lying and being in the East Penns- boro Township in the County of Cumberland and Commonwealth of Pennsylvania, more particularly de- scribed as follows: Beginning at a point on the West- ern side of State Alley three hun- dred thirty (330) feet South of the Southern line of West Street, at line of property now or late of Elizabeth C. Haslet and George W. Haslet, her husband: thence Southwardly along said Alley thirty {30) feet to line of Lot No. 34 in the hereinafter men tioned plan; thence Westwardly by a line parallel with West Street and passing through the center of the partition of a double frame house, erected on the lot herein described and Lot No. 34, one hundred thirty- ~,~Mari¢ Coyne, Editpr SWORN TO AND SUBSCRIBED before me this 31 dayof OCTOBER, 2003 LOIS E. SNYDER, Notmy Public Cmtisle Bom, Cumberland County Idy Co~mis~ion Expires M;u'ch 5, 2005 tioned plan; thence Westwardly by a line parallel with West Street aa~d passing through the center of the partition of a double ti'a~rle house, erected on the lot herein described and Lot No. 34, one hundred thirty- six alld six tenths (136.6) lket, more or less. to Fifth [formerly Condo guinet} Street: thence Northwardly along said Fifth Street, thirty (39) I~et more. more or less to property now or late of Elizabeth C. Haslet and George W. Baslet, her husband, aforesaid: thence Eastwardly by the lhae of said last mentioned property. one hundred thirty-eight aald seven tenths (138.7) lket to the place of beginning. BEING Lot No, 35, in the exten- sion of Plan of Lots made by the Trustee of the Estate of James Mc- Cormick, deceased, and recorded tn the Office for the Recording of Deeds in and for said Cumberland County h~ Plan Book 3, Page 4. HAVING thereon erected the Northern half of a double frame dwelling house known as 311 Fifth Street. TITLE TO SAID PREMISES IS VESTED IN Michael J. Warner and Jennilkr L. Warner. his wife by Deed from Douglas E. Kauffman and Marlena J. Kauffman, his wife dated 9/15/1995 and recorded 9/25/ 1995 in Record Book 128. Page 722. TAX PARCEL #45-17-1044-178.