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Home My WebLink About01-2053 FX .c~"""""'- . '. ~ I . ..;';c.', '-" :l!.i!!'~~\lE),"""k' 07/26/02 tRI 14:10 FAX 2155634491 F&P LITIGATION 1aI001 .. FEDERMAN AND PHELAN, L.L.P. One Peon Center at Suburban Station Suite 1400 1617 J.F.K. IDvd. Philadelphia, PA 19103-1811 215-563-7000 F...,.: 2lS-S63-4491 EmaiI: ienine.lla.....lilIfedohe.mm Jcnine R. Davey, Esquire Litigation Department, cxt. 1355 Representing Lenders in Fenn~'Ylvania and New Jersey July 26, 2002 VIA OVERNIGHT MAn. Office of the Prothonotary CuUlulalaw1 Cuunty Cumberland County Courthouse One Courthouse Square Carlisle, FA 17013-3387 RR: Wen. Ji'argo HOme Mo~tgage, lne., f/kJa Norwest Mortgage, Inc., Ys. Darrick, et OIl. CCP, Cumberland County, No.: 01-2053 Dear SirlMadam: Enclosed herewith please find for filing, Praecipe to Withdraw Plaintiff's Motion to Set Aside Sheriffs Sale and Strike Sheriff's Deed and Certification of Service relative to the above referenced matter_ Kindly remove the above captioned mo.tter for the argw:ncnt list scheduled fOl July 29, 2002 at II :30 a.m. in front of The Honorable Judge Edward E. Guido. Please return a time-stamped copy of the Praecipe and Certification in the enclosed self-addressed stamped envelope. 'Thank: you for your cooperation. Very truly yours, dA2 J~y,tsqU~ JRD/mzc cc: Robert and Cheryl Barrick, Pro Se Court Administrator - via facsimile (717)240-6462 Sheriff of Cumberland County - via facsimile (717) 240-6397 The Honorable Judge Edward E. Guido - via fac.imilc (717) 240-6460 Dale F. Shughart, Jr. -via facsimile (717) 241-4021 ,----./ 07/26/02 FRI 14:11 FAX 2155634491 '. -,-- -"ll<iHJ '" Co ~ - ~ -.'y,'"",-_ll~-C ,_n_ - ,,,,' i~.i F&P LITIGATION 141002 " . t FEDERMAN AND PHELAN, L.L.P. By: .IENINE R. DA,VEY, FSQUlRE Identification No.: 87077 One Penn Center at SubUlban Station 1617 John F. Kpnnedy Boulevard Suitt; 1400 Philadelphia, 1'A,19103-1814 (215) 563-7000 . Wells Fargo Home Mortgage, Tnl'_, fJkJa Norwellt Mortgage, Inc. S024 Parkway Plaza BoulevQ:rd Charlotte, NC 28217 Altome;y for plaintiff Court of Common Picas VlS. Civil Division Robert A. Barrick, Jr. and Cheryl Barrick 1901 DOIl2las Drive Carlisle, P A 17013 Cumberland County : No. 01-2053 CERTIFICATION OF SE~.vICE I hereby lNrtify a Uut> auu IJOrrect copy of the foregoing Praecipe to Withdraw Motion to Set A~iut: ihe Sheriff's Sale and Strike Sheriff's Deed served by regular mail on Defendants on the date listed below: Robert and Cheryl Barrick 1901 Douglas Drive Carli~le, PA 17013 RhAriff of Cumberland County Cumberland County Courthouse One Courthouse SqU/lre Cilrlisle, PA 17013-3387 Dale F. Shughart, Jr., Esquire 35 East High Street, Suitc 203 Carlisle,PA 17013 The Honorable Judgllit;:ul Ellward E. Guido Cumbt:rland County Courthouse One Courthouse Square Carlisle, PA 17013 Court Administrator Cumherland COlmty Courthouse One Courthouse Square Carlisle, PA 17013-3387 DAThf*- ~a~ J . e R Davey, ES~uire- / )l omey for 'Plaintiff ~JL ",",. '" I < <" "'-,,-,-" <. ~. '" ,~ < '"'_"i 07/26/02 FRI 14:11 FAX 2155634491 F&P LITIGATION 19J003 . . FEDEllMAN AND PHElAN, LLP. By; JENINER. DAVEY, ESQUIRE Identifu:ation No.: 8'1007 One Penn Center at Suburban Station 1617101m F. K....npdy Boulevard Suite 1400 PhiJadelphia,. P A 1910.'1-1111 do 12151568-7000 Wells Fargo llome Mortgage, Inc., ffle/a Norwest Mortgage, Inc. 5024 Parkway Plaza Boulevard Charlotte, NC 1.8217 Attomey for Plaintiff Court of Common Pleas Civil Division vs. Robert A. Barrick, Jr. and Cheryl Barrick 1901 Douglas Drive Carlisle, PA 17013 Cumberland County No. 01-2053 PRAECIPE TO WITHDRAW PLAINTIFF'S PETITION TO SET ASIDE SHERIFF'S SAT.F. AND STRIKE SHERIFF'S DEED TO TIm PROTHONOTARY; Plaintiff hereby withdraws it's Petition to Set Aside Sheriff's Sale and Strike Sheriffs Deed filed on aJ: about June 24, 2002. Date 7( JAt{A- ne R. Davey, Esquire orney for Plaintiff ,~ - - I , . I -'--'-'; -,-;.' 07/26/02 FRI 14:14 FAX 2155634491 F&P LITIGATION 1aJ001 FEDERMAN AND PlIELAN, L.L.P. One PeDll Center at Suburban Station Suite 1400 1617 J.F.K. Blvd. PhUadelpbia,Pll 19103.1814 215-563-7000 Fax: 215-563-4491 Emall: ieDinc.~"ov~Llfed"he.com Jenine R. Davey, Esquixe Litigation Department, Ext. 1355 Representing Lenders in Pennsylvania and New Jersey July 26, 2002 VIA OVERNIGHT MAIL Office of the Prothonotary Cumberland County Cumberland COlmly Courthouse One Courthouse Square Carlisle, PA 17013-3387 RE; Wens Fargo Home Mortgage, Inc., f/le/a Norwest Mortgage, Inc., vs. Barrick, et aI. CCP, Cumberland County, No.: 01.2053 Dear Sir/Madam: Enclosed herewith please find for filing, Praecipe to Withdraw Plaintiff's Motion to Set Aside Sheriff's Sale and Strike Sheriff's Deed and Certification of Service relative to the above referenced matter. Kindly remove the above captioned matter for the argument list scheduled for July 29, 2002 at 11 :30 a.m. in front of The Honorable Judge Edward E. Guido. Please return a tirne-stamped copy of the Praecipe and Certification in the enelo.ed self-addressed stamped envelope. Thank you for your cooperation. VtE.tru1y,yours, a.tl .J~,f1;qU~ JRD/rnzc cc: Robert and Cheryl Banick, Pro Se Court Administrator - via facsimile (717) 240-6462 Sheriff of Cumberland County - via facsimile (717) 240-6397 The Honorable Judge Edward E. Guido - via facsimile (717) 240-6460 Dale F. Shughart, Jr. - via faosimile (717) 2414021 ~ " I I . ,I - ~ ~' , .....~~-,,~t'" 07/26/02 FRI 14:14 FAX 2155634491 F&P LITIGATION 14J 002 FEDERMAN AND PHELAN, L.L.P. By; JENINE R. DAVEY, ESQUIRE Identification No.: 87077 One Penn C:m<::r at Suburban StJ.tion 1617 John F, Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Home Mortgage, Inc., fjk/a Norwest Mortgage, Inc. 5024 Parkway Plaza Boulevard Charlotte, NC 28217 Anomey for Plaintiff Court of Common Pleas Civil Division 'lis. Cumberland County Robert A. Barrick, Jr. and Cheryl Barrick 1901 Douglas Drive Carlisle, P A 17013 No. 01-2053 CERTIFICATION OF SERVICE I hereby certifY a true and correct copy of the foregoing Praecipe to Withdraw Motion to Set Aside the Sheriff's Sale and Strike Sheriffs Deed served by regular mail on Defendants on the date listed below: Robert and Cheryl Barrick 1901 Douglas Drive CarHsle, P A 17013 Sheriff of Cumberland County Cumberland County Courthouse One Courthouse Squm:e Carlisle, PA 17013-3387 The Honorable Judgment Edward E. Guido Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Dale F. Shughart, Jr., Esquire 35 East High Street, Suite 203 Carlisle, PA 17013 Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013-3387 DATB'f*- J e R. Davey, Esquire J( orney for Plaintiff ,.-.Ii I, .,;.1 J (. I 07/26/02 FRI 14:14 FAX 2155634491 F&P LITIGATION FEDERMAN AND PHEIAN, L.L.l'. By; JENINE R DAVEY, ESQUIRE Idcntifi<;ation No.: 87077 One l"enn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philaddphia, PA 19103-1814 (215) 563-7000 Wells Fargo Home Mortgage, Inc., f/kJa Norwest Mortgage, Inc. 5024 Parkway Plaza Boulevard Charlotte, NC Z8217 Attorney for Plaintiff Court of Common Pleas Civil Division vs. Cumberland County Robert A. Barrick, Jr. and Cheryl Barrick 1901 Douglas Drive Carlisle, P A 17013 No. 01-2053 PRAECIPE TO WITHDRAW PLAINTIFF'S PETITION TO SET ASIDE SHERIFF'S SALE AND STRIKE SHERIFF'S DEED TO THE PROTHONOTARY: Plaintiff hereby withdraws it's Petition to Set Aside Sheriff's Sale and Strike Sheriff's Deed filed on or about June 24, 2002. ne R. Davey, Esquire tomey for Plaintiff ~' - , ^ ,.,.~, 141003 :,",,";"""'''' . ~ L'_ , ~ i _I~ ~.: '~ , . - ,~ _L, ~ ., FEDERMAN AND PHELAN, LLP BY: JENINE R. DAVEY, ESQUIRE Identification No. 87077 One Penn Center at Suburban Station Suite 1400 1617 J.F.K. Blvd. Philadelphia, PA 19103-1814 (215) 563-7000 JUt' 2;'02 Attorney for Plaintiff Wells Fargo Home Mortgage, Inc., f/kla Norwest Mortgage, Inc. 5024 Parkway Plaza Boulevard Charlotte, NC 28217 Court of Common Pleas Civil Division vs. Cumberland County Robert A. Barrick, Jr. and Cheryl Barrick 1901 Douglas Drive Carlisle, P A 17013 . No. 01-2053 ORDER AND NOW, this day of , 2002, upon consideration of Plaintiff's Motion to Set Aside the Sheriff's Sale and Strike Sheriffs Deed and Defendants' Response thereto, if any, it is hereby ORDERED and DECREED that Plaintiffs Motion is granted; and ORDERED and DECREED that the Sheriff's Sale of March 6, 2002 is hereby set aside and that the Office of the Recorder of Deeds of Cumberland County shall strike the Sheriff's Deed recorded on March 28, 2002 at Book Number 250, Pages 4889-4891. It is further, ORDERED and DECREED that the title of the property will revert back to the Defendants, Robert A. Barrick, Jr. and Cheryl Barrick. BY THE COURT: J. j.o "I;.....;.... ",'- - " -';,;~;;-, FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 c PHILADELPHIA, P A 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO HOME MORTGAGE, INC., FIKIA NORWEST MORTGAGE, INC. 5024 PARKWAY PLAZA BOULEVARD CHARLOTTE, NC 28217 COURT OF COMMON PLEAS CIVIL DIVISION . Plaintiff TERM NO. 01- .2053 Clu~l<--l~ v. CUMBERLAND COUNTY ROBERT A. BARRICK, JR. CHERL Y BARRICK 1901 DOUGLAS DRIVE CARLISLE, PA 17013 Defendant( s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. .. You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and 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 LA WYER 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 A VENUE CARLISLE, P A 17013 (717) 249-3166 Loan #: 1165794 ~ ,I~ , ,~;, 1. Plaintiff is WELLS FARGO HOME MORTGAGE, INC., F/KIA NORWEST MORTGAGE, INC. 5024 PARKWAY PLAZA BOULEVARD CHARLOTTE, NC 28217 2. The name(s) and last known addressees) of the Defendant(s) are: ROBERT A. BARRICK, JR. CHERL Y BARRICK 1901 DOUGLAS DRIVE CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) ofthe property hereinafter described. 3. On 6/10/93 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FIRST ADVANCE MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1142, Page 103. By Assignment of Mortgage recorded 12/1/93 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 460, Page 365. 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 10/1/00 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. A copy of such notice is attached as Exhibit "A." ,- , ,~, 1-', ~ - " -',' ~ . -.,.' W~';i i I ! , 6. The following amounts are due on the mortgage: Principal Balance Interest 9/lIOO through 4/[/01 (Per Diem $18.47) Attorney's Fees Cumulative Late Charges 6/ I 0/93 to 4/ lIO I Cost of Suit and Title Search Subtotal $83, I 07.48 3,934.11 4,000.00 661.63 750.00 $92,453.22 Escrow Credit Deficit Subtotal 204.76 0.00 ($ 204.76) TOTAL $92,248.46 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 Sheriffs 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 $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. g1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $92,248.46, together with interest from 4/lIOI at the rate of$18.47 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. f~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ..'~ - -'~ .. '.'" 1.......:....;_.... J' , , - " ""- ",' -., - ~., >-."'t'i~_' Wells Fargo Home Mortgage, Inc. P.O. Box 1225 Charlotte, NC 28201-1225 February 5, 2001 Robert A. Barrick, Jr. 1901 Douglas Dr. Carlisle P A 17013 116579.e I000256/472Ac191 RE: Wells Fargo IIome Mortgage, Inc. Loan Number 1165794 Mortgagor(s): Robcrt A. Barrick, Jr. Cheryl A. Barrick 1901 Douglas Dr. Carlisle, PA 17013 110rtgaged Premises: ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Norice explains how the program works. To see if HEMAP can help, you mnst MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when YOU meet with the Coun,elint! Agencv. The name, address and phone number of Consumer Credit Counseling Agencies serving vour County are listed at the end of this Norice. If YOU have anv auestions. you may call the Pennsvlvania Housing Finance At!ency toll free at 1-800-342-2397. (Persons with impaired hearint! can call (717) 780-1869). This Norice contains important legal informarion. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN AD]UNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA :"I!OTIFICACION OBTENGA UNA TRADUCCION INMEDITAME:"I!TE LLAMAl\'DO ESTA AGENClA (PENNSYLVANIA HOUSING FINA"ICE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CA5A DE LA I'ERDIDA DEL DERECHO A REDIMIR SU Hll'OTEC.<\. EXHIBIT A "'1 ^'" .t','" " "'c"..o.i" '~' ....'^'-,;..T Wells Fargo Home Mortgage, Inc. P.O. Box 1225 Charlotre, NC 28201-1225 February 5, 2001 Cheryl A. Barrick 1901 Douglas Dr. Carlisle I' A 17013 "6579.:1 f0002571472Ac191 RE: Wells fargo lIome Mortgage, Inc. Loan Number 1165794 Mortgagor(s): Robcrt A. Barrick, Jr. Cheryl A. Barrick 1901 Douglas Dr. Carlisle,I'A 17013 Alortgaged Premises: ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on vour home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAl') mav be able to help to save vour home. This Notice explains how the program works. To see if HEMAl' can help, vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet with the Counselin~ Agencv. The name, address and phone number of Consumer Credit Counseling Agencies serving vour County are listed at the end of this Notice. If vou have anv auestions, vou mav call the Pennsvlvania Housing Finance Agencv toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-18691. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICAClON EN ADJUNTO ES DE SUMA IMpORTANCIA, pUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMpRENDE EL CO"lTENDO DE ESTA NOTIFICACIOl\" OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMA!'<nO ESTA AGENClA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDlDA DEL DERECHO A REDlMIR SU HIPOTECA. EXHIBIT A - "I~ - '. - ~ '..,;"~~ "-jj:" HOMEOWNER'S NAME(S): Robert A. Barrick. If. Cbervl A. Barrick PROPERTY ADDRESS: 1901 Don~a' Dr Carlisle, I' 17013 1165794 LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LEKDER/SERVICER: WELLS FARGO HOME MORTGAGE, INC. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE" ACT"), YOU MAYBE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CO:\fTROL. . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYL VANIA HOUSING FINAKCE AGENCY. TEMPRRARY STAY OF FOREfcLOSURE -- Under the Act, you are entitled to a temporary stay of forec osure on your mortgage or thirty (30) days from the date of this Notice. During that time you must arrange and attcnd a "face-to-face" meetin with onc of the consumer credit counsclin agencies listed at the end of this Notice. ~Ol DAYS. If YOU DO NOT APPLY fYR EMERGENCY MORTGAGE ASSISTANCE. YOU l S'I'!lRING YOUR MORTGAGE If!> 0 DATE THF PART OF THIS NOTICF CAI~I ED "HOW TO CURl' YO\'R MORn;AC;F DI'!'Alll T" I'XPI.AINS HOW TO RRING YOIIR MORTGAGE UP TO DATE. CONSFMER CREDIT fOUNSELI~G AGENCIES -- If you meet with one of the consumer credit counse ing agencies liste at the end 0 this notice, the lender may NOT take action against you for thirty (30) davs after the date of this meeting. The names. addresses and tel eo hone numbers fin n urn r credit conn selin a enCles for the conn . in which the )ro er is r h nd. t . . I is only necessary to sc e ule one ace-to-face meeting. Advise your lender immediatelv of your intentions. APPLlCATlOl'." FOR MORT(;~(;E ASSISTAN~E -- Your mortgage is in default for the reasons set forth later in this l\otice (see ollowing pages or specific information about the nature of your default.) If vou have tried aud are unable to resolve this problem with the lender, you have the right to apcly for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, YOLl must fill out, sign and file a completed Homeowner's Emergency . ASSIstance Program Application with one of the designatea consumer credit counseling agenCIes listed at the end of this Notice. Only conSLlmer cred,t counsehng agenCIes have apphcatlons for the program and they will assist you in submittinO' a complete apphcation to fhe. Pen!,sylvania Housmg Fmance Agency. Your apphcatlon MUS"r be f,ied or postmarked wlthm thmy (30) days of your face-to.face meeting. YOU Ml1SI FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETIER, FORECLOSURE MA Y PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. EXHIBIT A .~ -,- ., "...1- l- ~>\m"M~\"__ 000256/472 AGF~CYA~TT~N -- Available funds for emergency mortgage assistance are very limited. They will be dis. urs~d y t e Agency un~er the eligibility criteria est~QiIshed by. the Act. Tlie Pennsylvania Ho~smg Fma.nce Agency lias SIxty (60) days to .make a decIsIOn after It receIves your applIcation. DurIng that ttme, no foreclosure proceedIngs WIll be .pursued agaInst you If you have met the time reqUIrements set forth above. You WIll. be notIfIed dtrectly by the Pennsylvania Housing finance Agency of Its deelSlon on your applIcatIon. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,/,THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES OI"L Y AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NAll!RE OF THF DEFAULT - - The MORTGAGE debt held by the above lender on YOllr property located at: 1901 DOllgi., Dr C:lrli,lp PA 170V IS SERIOUSLY IN DEFAUL because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the followin,fi amounts are now past due: Octnht'r non - Ft'hrll:HY 70f11 $4114709 Other charges (explain/itemize): Late Charges Qrlwr :Et;PJ;;. (if :lpplic::lhle'l TOTAL AMOUNT PAST DUE: B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION $595.49 ~~; 17 $4,219.70 ~OW Tfi? CURE THE DEFAULT - - You may cure the default within THIRTY (30) DAYS of the ate of t is notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $ 4,219.70, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. paJments must be made either by cash. cashier's check, certified check or money order made payable an sent to: WELLS FARGO HOME MORTGAGE, INe. 1 HOME CAMPUS X2501-01H DES MOINES, lOW A 50328 YOLl can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: I D NOT CURE T E DEFAULT - -If you do not cure the default within THIRTY (301 DA YS o t e ate 0 t is Notice, teen er mten s to exercise its ri hts to accelerate the mor a e debt. This means that the entire ourstan mg a ance 01 t IS e t WI e consl ere ue Imme late y an vou may lose the chance to pay the mortgage in monthly installmenrs. . If full payment of .rhe total amount past due is not made wlthm THIRTY (30) DAYS, the lender also Intends to Instruct Its attorneys to start legal action to foreclose upon your mortgaged property. IF THE M~RTGAGE I~ FORECLOSED UPON - - The mortgaged property will be sold by the Sheriff to pay 0 t t e mortgage ebt. If the lender refers your case to Its attorneys, out you cure the delinquency before the lender begins legal l'roceedmgs agamstyoll, YOll WIll stIli be reql11red to pay the reasonable attorney's fees that were actuJlly incurred, up to $50.00. However, if legal proceedings are started.. against'you. you will have to pay all reasonable attorney's fees actually I11curred hy the lender even If tlieyexceed'S50.00. Any attorney's fees will be added to the !llT!ount YOll owe the lender, whi~h may also include other reasonable costs. If vou cure the default w,thm the THIRTY (30) DA Y penod, vou will not be required to pav attornev's tees. OTHFR I FNOFR RFMFOTES - - The lender may also sLle YOLl personally for the L1npaid principal balance and all other sums due under the mortgage. EXHIBIT A ~" . ~ ~ ~ I , l__,,, - ~ ."", ):"'. 000256/472 RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default wtthm the THIRTY (30) DAY period and foredosure proceedings have begun, vou still have the rieht h I n vn n' h r r h ., v do so h' a 'in the total amount then ast ue Ius an late or other char es then due reasonahle attorney's ees and costs connected wit the otec osure sale an any ot er costs connecte wit the Sheriff's Sale as s ecified in writin b the lender and b erformin an other re uirements under the mortgage. Curing your e au t in the manner set ort in is notice wi restore your mortgage to t e same position as If you had never defaulted, EARIIFST POSSIRI F SHFRIFF'S SA! F DATE -- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will he hy contacting the lender. HOW TO CONTACT THE LENDFR' Name of Lender: Address: Wells Fargo Home, Mortgage, Inc. 5024 Parkway Plaza Blvd. Charlotte, NC 28217 1-800-766-0987 704-423-4016 Tanisha Robinson Phone Number: Fax Number: Contact Person: EFFECT OF SHERIFF'S SAI F -- You should realize that a Shetiff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you contim,e to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be starred by the lender at any time. ASSUMPTION OF MORTGAGE -. You _ mayor _ may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING IJ'.."STITUTIOl\ TO PAYOFF THIS DEBT. . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO ","OT HAVE THIS RIGHT TO (~URE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALEl\DAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITlffED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTHER DEFENSE YOU IiEI.lEVE YOU \1A Y HAVE TO SUCH ACTION BY THE LENDER. . TO SEEK PROTECTIOI\ UNDER THE FEDERAL BANKRUPTCY LAW. EXHIBIT A H ~ -, .' I . "', ~jo;; APPENDIX C PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY CCCS of Western Pennsylvania, Inc. 2000 Linglesrown Road Harrisburg, PA 17102 (717) 541-1757 FAX# (717) 541-4670 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg N. 6th Srreet Harrisburg, P A 17101 (717) 234-5925 FAX# (717) 234-9459 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717)243-3818 FAX# (717) 731-9589 Community Action Commission of the Capital Region 1514 Derry Srreer Harrisburg, P A 17104 (717) 232-9757 FAX# (717) 234-2227 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 The Pennsylvania Housing Finance Agency can be reached TOLL FREE 3t I (800) 342-2397. EXHIBIT A """'.. "-" ,-,~~- " --.t('u .........""""',': ALL that certain tract of land with the improvements thereon erected, situate in North Midd~eton ~ownship, Cumberland County, pen~sylvania, bounded and described as follows: BEG4NNING at a point on the Eastern line of Douglas Drive and at ehe Northern line of Chester Road as shown on the hereinafter mentioned plan of lots; thence by the latter North 85 degrees East 150 feet to a point at line of Lot No.1, Block "B", on said plan; thence by said Lot No.1; Block "B", and Lot No.2, BlOCk "B", North 05 degrees West 100 feet to a point of Lot No. 29, Block "8"; thence by the same, South 8S degrees west 150 feet to a point on the Eastern line of Douglas Drive; thence by the same, south 05 degrees East 100 feet to the Northern l~ne of Chester Road and the Place of BEGINNING. BEING Lots Nos. 30 and 31 on Plan No.1, Block "B", of Noll Manor as recorded in the Office of the Recorder of Deeds in plan Book 11, page 51. B~ING improved thereon with a dwell~ng house known and numbered as 1901 Douglas Drive, CarliBle. 1";'_,0 _ '-'r"'" ..,,,,,,~, ~"'~;"", VERIFICATION TAMMY JOHNSON hereby states that he is ASSISTANT VICE PRESIDENT of WELLS FARGO HOME MORTGAGE, 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.S. Sec. 4904 relating to unsworn falsification to authorities. ~d DATE: 4!Lf!OI TAMMY JOHNSON ASST. VICE PRESIDENT ii;r~~niil~Jo\@liM~.&J~_~~i$,~~~iIil~,~:gi&i,*"f:t';"4~iM~~J__~"";-'~~""'~ "'-~~II!iI'.l:ll'.. -",' - ~ ~ ~ l -t<l. ~ ~~ () -- l:I. . ~ lI-J 080 ~ ~ ~ I I ~ ~ ~~ ~-r F '----- ,> ."~~ L. - ~" ..- - n ~ l2~< n!~ " 2" 7 oj -< ~ 1~~3 ~ c-;. or;:\ i'-,-:v 71'" -ry ~-:;,j ': -~Q , '.0 .i,,;>' c3 C_" [5~ ~ >I . ""'~......, , b "" "' -' , L~, - ~'Wh I ,- .... ., SHERIFF'S RETURN - REGULAR CASE NO: 2001-02053 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO HOME MORTGAGE INC VS BARRICK ROBERT A JR ET AL KENNETH E. GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BARRICK ROBERT A JR the DEFENDANT , at 1630:00 HOURS, on the 20th day of April , 2001 at 1901 DOUGLAS DRIVE CARLISLE, PA 17013 by handing to CHERYL BARRICK 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 18.00 3.10 .00 10.00 .00 31. 10 So Answers: r~ rt~~.. .> R. Thomas Kline 04/23/2001 FEDERMAN & PHELAN Sworn and Subscribed to before By: of ,".=..L~'~ , _ l...'~ .i> ,I ,~ ."'~~i,_ . ,,' SHERIFF'S RETURN - REGULAR CASE NO: 2001-02053 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO HOME MORTGAGE INC VS BARRICK ROBERT A JR ET AL KENNETH E. GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BARRICK CHERLY the DEFENDANT , at 1630:00 HOURS, on the 20th day of April , 2001 at 1901 DOUGLAS DRIVE CARLISLE, PA 17013 by handing to CHERYL BARRICK 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 ~~ ~~~"r~ R. Thomas Kline 04/23/2001 FEDERMAN & PHELAN A.D. Sworn and Subscribed to before By: me this J 0-( t... day of cXsfa ~=< ~ ""'.w-~~w" _.,~ : ~ I~ ,,"'".,.i..," lIJ.:.i. '-':;~ " ~- f FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. 5024 PARKWAY PLAZA BOULEVARD CHARLOTTE, NC : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiff : NO. 01-2053 CIVIL TERM vs. ROBERT A. BARRICK,JR. CHERL Y BARRICK 1901 DOUGLAS DRIVE CARLISLE, P A 17013 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiff and against ROBERT A. BARRICK.JR. and CHERLY BARRICK 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 4/1/01 TO 6/25/01 $92,248.46 $1,588.42 TOTAL $93,229.27 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rule 237.1, copy attached. ,~lt1 tdJ.rfV1Q,f) FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. ~ DATE: ......),..).e....;;J.7,;:;U061 _(L/?k) k. ~. PRO PRO '{ j/ "THIS FIRM IS A DEBT COLLECTOR ATIEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TIllS DEBT WAS NOT REAFFIRMED, TillS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLEcr A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. .. -~~ ,.1 ,'-d ~'" .., -1_ '" ~'llf;', -~ FEDERMAN AND PHELAN, L. L. P . Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY vs. ROBERT A. BARRICK, JR. CHERLY BARRICK NO. 01-2053 Defendant(s) TO: ROBERT A. BARRICK, JR. 1901 DOUGLAS DRIVE CARLISLE,PA 17013 FILE COpy DATE OF NOTICE: JUNE 14.2001 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 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, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff ~~~ ~ '1' I _ '~, . Jl!'j ::,> ~ . FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION vs. CUMBERLAND COUNTY ROBERT A. BARRICK, JR. CHERLY BARRICK :NO.01-2053 Defendant TO: CHERLY BARRICK 1901 DOUGLAS DRIVE CARLISLE,PA 17013 fiLE COPl DATE OF NOTICE: JUNE 14.2001 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 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, PA 17013 (717) 249-3166 Frank Federman,Esquire Attorney for Plaintiff I. _~ - I ",-I........ ,~ - .,--'-~, , "' m '"';';~Y';i FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff WELLS FARGO HOME MORTGAGE, INC., F/KJA NORWEST MORTGAGE, INC. : CUMBERLAND COUNTY : Court of Common Pleas Plaintiff : CIVIL DIVISION vs. : NO. 01-2053 CIVIL TERM ROBERT A. BARRICK,JR. CHERLY BARRICK 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 ofthe United States or its Allies, or otherwise within the provisions ofthe Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended (b) that defendant ROBERT A. BARRICK,JR. is over 18 years of age and resides at 1901 DOUGLAS DRIVE, CARLISLE, P A 17013. (c) that defendant CHERLY BARRICK is over 18 years of age, and resides at 1901 DOUGLAS DRIVE, CARLISLE, P A 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. :1 J\OJ1l \ 1 tOUr f1J.(U) FRANK FEDERMAN Attorney for Plaintiff ~- -, - ,,,-.-~, ,-, -'--1'----n".:_::1 .. (Rule of Civil Procedure No. 236 - Revised) WELLS FARGO HOME MORTGAGE, INC., FIK/A NORWEST MORTGAGE, INC. : CUMBERLAND COUNTY : Court of Commou Pleas Plaintiff : CIVIL DIVISION vs. : NO. 01-2053 CIVIL TERM ROBERT A. BARRICK,JR. CHERLY BARRICK Defendant(s) Notice is given that a Judgment in the above captioned matter has been entered against you on JUNE J 1 .2000. ..J;!y ......~ 2. ~/?--Ai.. (DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN. ESQUIRE Attorney for Filing Party One Penn Center at Suburban Station Suite 1400 Pbilade1phia, PA 19103-1814 (215) 563-7000 **TillS 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, TillS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATI'EMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** ,-~~~~,,;i;b'1t,.!b.!li",;,b;_:~"tH~~2Qllf'Ai<~,",,~~<;j:I<.fj,,";(;i\J!>~,\ll!OW.%<~kO;'~I";;.H'-I_~'~h""~;~k1iJ1iM?!l-t~~:~~f!iliM~Jlt-~~-~~ .. 0 ~ a ..a (') C) 7::) C ~ 7' fl0- g -crr-: ~-- rr~ r-I i ,..u ~ff '''' ~ ~ (7) ;:',' '- ftJ .:.</- '- ~ ~t:~:~ c..v ::;::"'1 , j ~ ~ j; ~~~ f'.) t z .:.,) :q ~~ --1 -< 0'-') "" ~" , ~~ .>. ~- "-.- " ,. , ~,'-""'.' ,~- ,~-""., ,.,,,,,.,";, ''''';--''''- -'-" '~','-' ,-, ,~" - . "Y;_'", ,~ _',."" , -~ .~- ,."" ,. . " _~, d ~.~ ~~ ?" ~_", -, ~.~ ~ J" ."~.L ; I " ,. . ~ I ~~~. . , PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WELLS FARGO HOME MORTGAGE, INC., F/KIA NORWEST MORTGAGE, INC. Plaintiff, v. No. 01-2053 CIVIL TERM ROBERT A. BARRICK, JR. CHERYL BARRICK Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $93,229.27 / Interest from 6/25/01 to 3/6/02 (per diem -15.33) $3,893.82 and Costs TOTAL $97,123.09 J~} t.L FRAJ{KFEDE~,ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. i"";';~'-"""'""~~':irliiiillli~~~I&<l'fu:w>;.t~>t6",,@-,g:&!i'Jk~,;Mt~K4;;'}l>irrj,*,(lli,Hrd"bi.~;"2,,~c.i'_;""M'.c,;,,;t-"';/"'-ll!'O..iI;l'MWMt~~~Ji~iil~~~liii.;ljid~:i&iIJ:!.iJ'.'''ftMtf """"" ..., .... 0 r-- .... ~ 14 "'" ...:$ 00 . .... OZ U z ~ oo~ Z " 0 ....U .... -<"", 'Z ""' U fOol... tS..... ~ ~ 14 ""'00 U -d ~Z -<fOol .... ~'F >- <Ll Zz e,:,e,:, ~~ ~ Zi! ~ o fOol ~~ ~~ fOol = ",p ~ '" '" ~~ O~ ... 0 <Ct.~ 00 <Ll ~ . O<:l - -< .n oi: ~O <Ll ~ ~ ""' ... "'" fOol~ <Ii Zi!~ .... e,:, 8 uz ~ ~~ 1i ~ ...~ ~""' <~ ~~ el 00 000 0 <Ll ""'U = fOol ""'~ ~~ ~ g. ~~ 8~ ~fOol ot: .... p. fOol = ... 0 ~~ 0 ~ ~~ 0'1 ~U ~6 .... 8~ ~~ 0 ~ ~ .... OJ fOol fOol ...-< u '" =~ 00i2 fOol -'=i <Ll ""'~ ""'-- ~ <Ll ~ ""'''' - "0 Z~ .~ -< ~ ~ ... ....u (") ~ """ UC-J~ n'L'--' I!~' :z;~' s;: c~~ '";:... ~ -, ,:J ~'-,^ ~--" ,. ~;- ~ 'i,..~/ "-' -0; r:::J t7j L"::J "' ~ -, --,,^,I~,~ - "'~, -. ~-",-, .... . ALL THAT CERTAIN tract of land with the improvements thereon erected, sirnate in NJrth"'-------' Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Eastern line of Douglas Drive and at the Northern line of Chester Road as shown on the hereinafter mentioned plan of lots; thence by the latter North 85 degrees East ____ 150 feet to a point at line of Lot No.1, Block "B", on said plan; thence by said Lot No. 1; Bloc~ "B", and Lot No.2, Block "B", North 05 degrees West 100 feet to a point of Lot No. 29, Block "B"; thence by the same, South 85 degrees west 150 feet to a point on the Eastern line of Douglas Drive; thence by the same, South 05 degrees East 100 feet to the Northern line of Chester Road and the Place of BEGINNING. BEING Lots Nos. 30 and 31 on Plan No.1, Block ".B", of Noll Manor as recorded in the Office of the Recorder of Deeds in Plan Book 11, Page 51. ~ BEING improved thereon with a dwelling house known and numbered as 1901 Douglas Drive, Carlisle. T A.,'{ PARCEL #29-16-1094-127. TITLE TO SAID PREMISES IS VESTED IN Robert A. Barrick and Cheryl A. Barrick, his wife by Deed from Toby L. Kutz, Single Person dated 6/10/93 and recorded 6/14/93 in Record Book 136 Page 538. il..li:iili1iiMe~iililb1~~iM*".A;jf.<jji!Jifi~~MI.1~~~'fuM";Gi"~iig)?--i~i.-lM,ib1t.;W;i;"';:Miil;";;ml~I!~ii!iiiiI!-> ~~...... ~Iii ~W\'Mliilillr -, Gi),~ \' [J -- 'fLJ '- f ~ 0 ~ c ~.: \0 ~. -0e-;) ~ rni-'- - Z:J., "6"' ~~;:- ~ ~C! --- C;- ~ ....r) - ,,'J ~ -I'" ~~.82 r- -... 9v ~ 6"' 0-\ <J\_ (';'> ;>c <:- 7: ..... <e ~ "& -- 'CP, ~. C) D ~ , . . - ~~ .. , '" o .':--/ "-:S ":~_ ~;'?i -::-:;'~ "'J -:.<. -- .- .::;> . o t T" "'-"-I .. 'd-_ '.~~.,. ~'~k.l- ~ UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA Debtor(s) r I (QS '1'Jl{ We/Is Fa~ C("O ~ Bk.No. 7 ~I ..A _ . J ,.0 E'nl~ Chapter No. 01-04248 RJW INRE: Robert A. Barrick Cheryl A. Barrick Wells Fargo Home Mortgage, INC. F/KJA Norwest Mortgage, INC. Movant 11 D.S.C. ~362 \-\all\SOu~:'~I'.t<I. fU..EO 11\,1'.0--= (jC\ _ A 'l\ili' v. Robert A. Barrick Cheryl A. Barrick and - ~C>I court .--Q':;',nt<.ti..Wh:1 . Clet\< ,U'-'" De 'J. Markian R. Slobodian, Esquire (Trustee) Respondent(s) Pel AND NOW, this 4'*' day of ORDERD ttobtl-t ,2001, upon consideration of the Motion for Relief and Motion for Default of Movant, Wells Fargo Home Mortgage, INe. F!K/A Norwest Mortgage, INC., it is hereby ORDERED that the Order for Reliefbe entered by default with respect to premises at 1901 Douglas Drive, Carlisle, PA 17013, to allow the Movant to foreclose on its mortgage, which mortgage was recorded in Harrisburg County, in Mortgage Book 1142, Page 103, and allow the purchase of said premises at Sheriff's sale (or purchaser's assignee) to take any legal action for enforcement of its right to possession of said premises. By the Court: Is! Robert J. Woodside Robert J. Woodside, Bankruptcy Judge cc: Judith T. Romano, Esquire One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 Robert A. Barrick Cheryl A. Barrick 121 East Louther Street Rear Carlisle, P A 17013 ~ Jacqueline M. Verney, Esquire 44 S. Hanover St. Carlisle, PA 17013 Markian R. Slobodian, Esquire (Trustee) 801 N. Second Street P.O. Box 11967 Harrisburg, PA 17108-1967 ""'~~; ,'tl<I.OOill-;;1l!i;,1Iili'dlHt~ltI!tL'4'i"~'"""-'-"''',;~)H""",:;Cilib,j'.lM.'6<~"a~fuiil,''N'i-""'*;"&"",'~""'''';'';!\'''''i.%Or~,''''''':i!.,;fu~ii:'I#l~MiiMlllii.~' .," ~~...,~.~..LIL_ < \:;';-'" -~,~ ,~ .~ ~ ^_ .^,_ L~., .~_~" __~ " (> <;,;, -06' ~;f;.- zL. ~~~-'-~- cc..-,: .c_ i:~c,: .?-t~". 5?r z :< .> . ~--= -~ - ~.~~~. ~. c:::> :-:J -;j .-'" 1<illI_ "" (-;:) ::J .- rr: ~ ~ . " I _ ~ I ,,1_. '-~~t: . """ WELLS FARGO HOME MORTGAGE, INC., F/KIA NORWEST MORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION ROBERT A. BARRICK, JR. CHERYL BARRICK NO. 01-2053 CIVlL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC., Plaintiffin the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,1901 DOUGLAS DRIVE, CARLISLE, PA 17013. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ROBERT A. BARRICK, JR. 1901 DOUGLAS DRIVE CARLISLE, P A 17013 CHERYL BARRICK 1901 DOUGLAS DRIVE CARLISLE, P A 17013 2. Name and address ofDefendant(s) in the judgment: ROBERT A. BARRICK, JR. 1901 DOUGLAS DRIVE CARLISLE, P A 17013 CHERYL BARRICK 1901 DOUGLAS DRIVE CARLISLE, P A 17013 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. iJ_' . " " ; ~ I " - ~ '~~{""~" "il!1~t"i I " 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMERCIAL CREDIT CORP. 3401 HARTZDALE DRIVE, STE. 126 CAMP HILL, P A 17011 NORWEST FINANCIAL MARYLAND, INC. 6710 F RITCHIE HWY. GLEN BURNIE, MD 21061 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 1901 DOUGLAS DRIVE CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December 5.2001 DATE ~.J tl--- FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff i;1~iffH'fil!iifi;i;t'b',H!~il<"",1~M.,1fr<i.-,";",!J!il&Li.:t"HlIl'Tlm;,i/;j!",fil!i."llliiliiWA",;"'";,')l~\",.i"'~~I"''''''''''''_:4:ll:&~~''lIIi!iltitIll;~''~=i..c .....--iomi~~~ - "~. ,..",. ~~-'- ,-'- ..,... '"',~-". <C.,,"_, ,,~ .,-,~".,~ ,,,- ". = o S; -off' m\} :i~t' 0!. ~~" r:::;:c.: };() ~u .Pc.: 7: 3- ~"=~, ~ . c:.:' C:J -"it c:) .::;> ::=\ '"1'='. ~: .. ,I 11 i lif' J!t ~J _j." 'W_"~~_" ~, j,. I~ ~ ~,. FEDE~ANandPHELAN By: FRANK FEDE~AN Identification No. 12248 Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION ROBERT A. BARRICK, JR. CHERYL BARRICK NO. 01-2053 CIVIL TERM 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: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 4J ~J, FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff .I.~l]li' >"',w,m8)IStll-'iihll"'fu.,&",j::i,;~~,~~~>>!!-;t,i;~"';;''t,''l'''h',.""" ';,i,j&',"i""~"""i'b~ji,,,,^'-"illi;kjjl~..ii.>l'l~l!lI;iImt>l:Iiiili;MijIDiiliil~~JliOIS"'d '," ~ -~ ,",'~-' J_~ f'''''' xc~'""""'" ,- (] C __S~ rtfP-.'; ~- 2:rc, cr,;:>_. ~....- ~',- i,~, 5.: C) s; ""- --{ -< """""'>~ h' "", (::.;:; :-, :":;1 ~"":'! (;:) :::> ~: - ;0:.'.'0...1 - ~, , . ko~-~__~ ,,~:;, ~ ~ WELLS FARGO HOME MORTGAGE, INC., FIKlA NORWEST MORTGAGE, INC. Plaintiff, CUMBERLAND COUNTY No. 01-2053 CIVIL TERM v. ROBERT A. BARRICK, JR. CHERYL BARRICK Defendant(s). December 5,2001 TO: ROBERT A. BARRICK, JR. 1901 DOUGLAS DRIVE CARLISLE, PA 17013 CHERYL BARRICK 1901 DOUGLAS DRIVE CARLISLE, P A 17013 . '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 .1901 DOUGLAS DRIVE. CARLISLE. PA 17013. is scheduled to be sold at the Sheriff's Sale on MARCH 6. 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 93.229.27 obtained by WELLS FARGO HOME MORTGAGE. INC.. FIK/A NORWEST MORTGAGE. INC. (the mortgagee) agaiIist you. If the Sheriff s sale is postponed, the property will be relisted for the JUNE 5, 2002 Sheriffs Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's 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.) iilIii:i.:. ~~k~~~- r ~ 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 ofthe 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 maybe 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 FlND 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 . . ., I ,_,_ ..,.1, . , .....,.~~~, .J ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in N Jnh......___-. Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Eastern line of Douglas Drive and at the Nonhern line of Chester Road as shown on the hereinafter mentioned plan of lots: thence by the latter :"ionh 85 degrees East ~. 150 feet to a point at line of Lot No.1, Block "B", on said plan: thence by said Lot No. 1: Bloc~ "B", and Lot No.2, Block "B", North 05 degrees West 100 feet to a point of Lot No. 29, Block "B"; thence by the same, South 85 degrees west 150 feet to a poim on the Eastern line of Douglas Drive; thence by the same. South 05 degrees East 100 feet to the Northern line of Chester Road and the Place of BEGINNING. BEING Lots Nos. 30 and 31 on Plan No.1, Block "B", of Noll Manor as recorded in the Office of the Recorder of Deeds in Plan Book 11, Page 51. ..------ BEING improved thereon with a dwelling house known and numbered as 1901 Douglas Drive. Carlisle. TA.'X PARCEL #29-16-1094-127. TITLE TO SAID PREMISES IS VESTED IN Robert A. Barrick and Cheryl A. Barrick, his wife by Deed from Toby L. Kutz, Single Person dated 6110/93 and recorded 6/14/93 in Record Book 136 Page 538. ~M~r~- ~~~ilWiw.MIli!1j,i""'II""!i"'MM~;ili,,,-~<ilS!icit;,i,iiiI'J!,,f,1l0.:,,:g..:,,>;id~~\:,;;li.,,"o.illl,*,,';;:WJ"'l,,",-;;m;lIiti~9Ml~~~Jil~~"'-'" nv. ~~ ~ ~~. " ~ 0-. ~, - o ~:. 1~~, ~C~ ~~ -. :2 --, ,,"0 ,~~. ,-~'} " ~'\ ':-") ~ C) -"'C' I, ',q ;Ii 'I :, ~ " t::'" ? .-- ''!: . --<- ;.-1 .-"~ , -- ,', -"0' -1Ii~ FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (? 1 'i) 'ilii-7000 ATTORNEY FORPLAThITIFF COURT OF COMMON PLEAS CIVIL DIVISION WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. CUMBERLAND COUNTY No.: 01-2053 CIVIL TERM vs. ROBERT A. BARRICK, JR. CHERYL BARRICK AFFIDA VlT OF SERVICE OF NOTICE OF SHERIFF'S SALE PTJRSTTANT TO PRe; P ,404(?)/4Oi FRANK FEDERMAN, ESQUIRE, Attorney for Plaintiff, hereby certifies that service ofthe Notice of Sheriffs Sale was made by sending a true and correct copy by certified mail to Defendant, CHERYL BARRICK at 1901 DOUGLAS DRNE, CARLISLE, P A 17013, which notice of Sheriffs Sale was received by Defendant, CHERYL BARRICK on DECEMBER 11, 2001 as evidenced by the attached return receipt. The undersigned understands that this statement is made subject to the penalties of18 PA C.S. s 4904 relating to unsworn falsification to authorities. :7=~'r~ FRANK FEDERMAN, ESQUIRE Date: l)"""mh"r?7 ?001 - ~ tI. 2. Article Number 7J.WJ 3'1Jl. '16~~ 10530 ~7~7 3. Service Type CERnRED MAIL 4. Restricted Delivery? (Extra Fee) Yes 1. Article Addressed to: CHERYL BARRICK 1901 DOUGLAS DRIVE CARLISLE,PA 17013 SALES (1165794) PS Form 3811, July 2001 . ~ , . "~ -~, I............ "; '" iIl.~~ D. Is delivery add 5S different from item 1? If YES, enter delivery address below: Domestic Return Receipt JPG DYes ON. . i!!l~~iilI!fiiii<jl"&tlJ;';I'Jj!lI1;"'~:;'(I;~itailll:i:i&:I~,:,rf"""j,hj,m,!:s"i!il;;""d'<f.!;'i)&":I,,,,<_~''''-k,j;;''oJ~,,*,,,';\#1'iJ''.t''"'i1'"\,HI.ltg;ffl~~N~~''''''' ~, "'''''''Iii'' .....~~ ~.. . ~1l1 c.> .- o c:; ~ .....,cQ \J f\"'- ~;c kc;~. i:fU'~ :;:;.:::/;:::;'\ ~\-' ;ZQ, """U rC; ~ C) ('r1 .(') u:> .- L -, ,,~- . ~.< .,,,,, ,_.."~~___~U'_~_~,,,_~, ~,.=,,= >. "_ '" ." --0 -:t.,;. .. "~ '-P. r..f\ s:- ,,':"B ~).() '-i;:~:0 "'~~h '~ <:q :z. n . , ,'._.- ~~~',~~));.> ~~-~! '"I :::r P t.r xi AFFIDAVIT OF SERVICE PLAINTIFF Wells Farl!o Home Mort!!a!!e. Inc.. flk/a Norwest Mort!!a!!e, Inc. COUNTY Cumberland ACCT. #1165794 DEFENDANT Robert A. Barrick. Jr. Chervl Barrick COURT NO.: 01-2053 Civil Term SERVE Robert A. Barrick, Jr. AT: 121 E Louther Street Carlisle. P A 17013 TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: March 6. 2002 SERVED ,/) 1 I ^11..~"'f..'t. \<-, :r.... f~ Served and made known to l'\O'Oe,t.~ " ,'0 ,Defendant, on the~dayof ~jJ , ,200.2:,at //:;J.S:o'clockA.M., at I ~I e. J..ov ~\...c...,(. S+-o , Connnonwealth of Pennsylvania, in the manner described below: _ Defendant personally served. <..~ <<. \ ; '5 \ E:. ~ ~ Adult family member with whom Defendant(s) reside(s). Relationship is \J;~'" . C \..<ej( 11 ~g.<\ t\\t 'l::. _ Adult in charge of De fen ant's residence who refused to give name or relanonship. _ Manager/Clerk of place of lodging in which Defendant( s) reside( s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. _Other: , " l.J.s <::b \0 k ~ Description: Age -42- Height 51 Weight /50 Race wJ [,., Sex L Other ~ ,'\t.., t-lo ~ is"es I, C \ Oltc-eIVc.<. l.... Li1"" ~1 t~~tent 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 ~d subscribed before me ~..' tbis~Oayof :n;'iN, ,200..:l,. /Y} -f) Notary:2jU~-m~t.~y:~ ~ - 0 ,/a -~ NOT SERVED On the _ day of ,200_, at _ o'clock _' M., Defendant NOT FOUND because: Moved Unknown No Answer Vacant EI.IZABETH~NoIIIyNID Greene Twp., F~kIIn ColmIY. MyComrnls8loti ixpIr8sDec:.18,J1OI Other: Sworn to and subscribed before me tbis_dayof ,200_. Notlry: By: AITORNE~PLAINTIFE FRANK.I:I'JillE ,- ,ESlJUUlJ!: LD.#t2248 One P~D Center at Suburban Station 1617 Jobn F. Kennedy Blvd., Suite 1400 Pbiladelpbi~, PA 19103-1814 (215) 563-7000 ,,,.,..;,,-- '~~:!!l;.J"'lli,Y.;iil\1ft!t""l\Ita,,,.(..ili><~~"Ml:H~':>m~ji;;~llf"'1~i;I-&i!;,.,,.1J>:-':M"18+;j~,,-,ji""~I~.:ci;_4!i'wl;,@i4~"""'\'" - """"""--"'=' ,~> ~~ ~ ~ .~, "... ~. '''~, ''','.- ""',"_ ,",><-'.',0" .. _ ,~S. - "~' "'~ifOOi'<=I.>'"~ ~. ','. o c = 'v~f; nlr,--~ Z::U ZC <:Q ~); r.:::C~ )>. _-c. bb >..~ 3- =< ~, ~. limlll r,:::; ,'" 4"l rn C'? I . -c ::s ~.;' (,) :: ,"- ~~~~ '.1 " ~~~ . . SALE DATE: MARCH 6. 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. No.: 01-2053 CIVIL TERM vs. ROBERT A. BARRICK, JR. CHERYL BARRICK AFFIDAVIT PURSUANT TO RULE 3129.1 AND 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: 1901 DOUGLAS DRNE. CARLISLE. PA 17013. 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 Supplemental 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) andlor Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. j-J; ~ FRANK FEDERMAN, ES"QCIRE Attorney for Plaintiff February 25, 2002 " . , ,. "-1 ,--', ~~",- WELLS FARGO HOME MORTGAGE, INC., F/KJA NORWEST MORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION ROBERT A. BARRICK, JR. CHERYL BARRICK NO. 01-2053 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) WELLS FARGO HOME MORTGAGE. INC.. F/K/A NORWEST MORTGAGE. INC., Plaintiffin the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .1901 DOUGLAS DRIVE. CARLISLE. PA 17013. I. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ROBERT A. BARRICK, JR. 1901 DOUGLAS DRIVE CARLISLE, P A 17013 CHERYL BARRICK 1901 DOUGLAS DRIVE CARLISLE, P A 17013 2. Name and address ofDefendant(s) in the judgment: ROBERT A. BARRICK, JR. 1901 DOUGLAS DRIVE CARLISLE, PA 17013 CHERYL BARRICK 1901 DOUGLAS DRIVE CARLISLE, PA 17013 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. , '-I ; .1 - ~ ", -~-, -,. "'":L~' '~t ~ 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) COMMERCIAL CREDIT CORP. 3401 HARTZDALE DRIVE, STE. 126 CAMP HILL, P A 17011 NORWEST FINANCIAL MARYLAND, INC. 6710 F RITCHIE HWY. GLEN BURNIE, MD 21061 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 1901 DOUGLAS DRIVE CARLISLE, PA 17013 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December 5. 2001 DATE ~ J tl-- FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff :::;;1 ~ ~ . - ;:'z <ii'S ~.. ~. ",' ~ 2- , ",'g V\ ~;;I :i f! ~. z ~c J' ~~ \"'. o . . 0 o~ ,s~. "g l! . r !J':J' , ". J 03 ~,,';i~ . . ,~ ~~ I~''i I;; ~ . 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I .IlmrI!i'" ~; DATE: TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S) ROBERT A. BARRICK, JR. CHERYL BARRICK PROPERTY: 1901 DOUGLAS DRIVE CARLISLE, P A 17013 Improvements: Residential Property CUMBERLAND COUNTY The above-captioned property is scheduled to be sold at the Sheriff's Sale on MARCH 6. 2002, at 10:00 a.m. in Cumberland County Courthouse. South Hanover Street. Carlisle. PA. Our records indicate that you may hold a mortgage or judgment on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. LH - .,. " ,~ -,,'~ .. r p'" -' ID.Lri~ ~'- 'j/ ",- J>' ~. 7 . SALE DATE: MARCH 6. 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WELLS FARGO HOME MORTGAGE, INC., F/K1A NOR WEST MORTGAGE, INC. No.: 01-2053 CIVIL TERM vs. i:'=EDERMAN AND PHELAN AYTORNEY FilE COpy PLEASE RETURN ROBERT A. BARRICK, JR. CHERYL BARRICK AFFIDAVIT PURSUANT TO RULE 3129.1 AND 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: 1901 DOUGLAS DRIVE. CARLISLE. PA 17013. 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 Supplemental Affidavit No.2 on the date indicated, and a copy of the 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 for each notice. l-J; lA FRANK FEDERMAN, ES(JOIRE Attorney for Plaintiff February 25, 2002 ~EDERMAN AND PHELAN A'rTORNEY FilE COpy PLEASE RETURN , il:i--'-~--~Iijj~irl~w~IL~~l'cl!,,&;';]j,~;'i,,~!lct~~~-..w~lI"0-"a~I'';O'''_-~~;.'k<~,;,,"irJ.,t~~~~-< t~j7 ".- ,~,~~ ~~x.._ ll.i,~' "~ ~ ~ illliIlII .:-- , \'~I, Ii " I! . Ii i' Ii '"-,. L_ .. L , ~~l . <f . , . , WELLS FARGO HOME MORTGAGE, INC., f/k/a NORWEST MORTGAGE, INC. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. C/v"L ROBERT A. BARRICK, JR. AND : NO. 2001-2053 TERM CHERYL BARRICK ORDER OF COURT AND NOW, this 3RD day of JULY, 2002, the Plaintiffs Petition to Set Aside Sheriffs Sale and Strike Sheriffs Deed shall be argued before the undersigned on MONDAY, JULY 29, 2002, at 11:30 a.m. The parties are directed to file briefs in support oftheir respective positions on or before July 26, 2002. Edward E. Guido, J. /Jenine R. Davey, Esquire One Penn Center at Suburban Station 1617 J.F.K. Blvd. Phila., Pa. 19103-1814 For the Plaintiff / tr~'-~ f Robert and Cheryl Barrick 1901 Douglas Drive Carlisle, Pa. 17013 jSheriff :sld !~W..;.,;k-"'1";";'-'~'~~M-~~M1LM!iillji "'~\;~~*'!ili>;>l-"iM,*1'J,;w~~'''-'~v''''~*ll~.-Jh~mili1il . , . !It '.. ;il/>." J,_ ~ -111'l\.'l\ 'I'" ,/'\JJ.J.()()r Vi i< "j/\Ji\P-} , "" I r,,, "', ~J(p r:":,:,~i'fJif~I/'~"" ',fl.) 60.'f; i"ld ,',"" ";"','h i!iJ ~& .",'~~, ,_",_, _ !.," ,. ,~c'O'c','''1 ".... .. ., ;;;'-__'E .'~- ... ,. ., -"'~' "~.'" _~ 0 " ~ , _H, ..,.. :1::;,; ii I', ): , i,1 ii :J I:i iil I' iii ;1 i] I' n "no"~. ,~ ., '. c_ I _ _ ~ '<-~ '-~- , .'-. iiililllliL'O' , , T :FEDERMAN AND PHELAN, LLP BY: JENINE R. DAVEY, ESQUIRE Identification No. 87077 One Penn Center at Suburban Station Suite 1400 1617 J.F.K. Blvd. Philadelphia, PA 19103-1814 (215) 563-7000 , , ~ Attorney for Plaintiff Wells Fargo Home Mortgage, Inc., f/kla Norwest Mortgage, Inc. 5024 Parkway Plaza Boulevard Charlotte, NC 28217 Court of Common Pleas Civil Division vs. Cumberland County Robert A. Barrick, Jr. and Cheryl Barrick 1901 Douglas Drive Carlisle, P A 17013 No. 01-2053 PLEASE BE ADVISED THAT TIllS FIRM IS A DEBT COLLECfOR ATIEMTING TO COLLECT A DEBT. ANY INFORMATION RECEIVED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, TIllS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATIEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST THE PROPERTY. MOTION TO SET ASIDE SHERIFF'S SALE AND STRIKE SHERIFF'S DEED Wells Fargo Home Mortgage, Inc., fi'kla Norwest Mortgage, Inc., by its attorneys, Federman and Phelan, LLP, respectfully requests that this Honorable Court enter an Order Setting Aside the March 6, 2002 Sheriffs Sale of the property located at 1901 Douglas Drive, Carlisle, PAl 7013 and Striking the Sheriffs Deed recorded in the Office of the Recorder of Cumberland County on March 28, 2002, at Book Number 250, Pages 4889-489 I and in support thereof avers as follows: I. An in rem Judgment was entered III favor of Plaintiff in the above-referenced mortgage foreclosure action on June 27, 200 I. 2. Consequently, Defendants filed a Chapter 7 Bankruptcy Petition in the Middle District of Pennsylvania (Harrisburg) at Bankruptcy #1-01-04248 on August I, 2001. A true and correct copy of the bankruptcy petition is hereto attached as Exhibit A. "--,~~ I - .\-<" ,,'-~" ~-." ..'it: 3. . , Plaintiff filed a Motion for Relief frbm t4e Automatic Stay, which was granted by the , , , Bankruptcy Court on October 4, 200 I. A final decree closing the case was issued on November 20, 2001. 4, The District Attorney's Office of Cumberland County notified Plaintiff that the mortgaged premises was vacant, and that the premises may have sustained property damage, 5, Plaintiff sent an appraiser to the property to secure the premises and to survey the damages, wherein he discovered a substantial amount of mold and mildew on the basement walls. The appraiser also discovered that the cause of mold and mildew stemmed from the absence of a sump pump in the basement. 6. Plaintiff submitted a claim to Mutual Insurance Company (herein known as "Mutual") to decontaminate the basement, for the removal of objects left on the property, and for repairs to the property for damages caused by the Defendants during the coverage period, Subsequently, Mutual sent Plaintiff a notice stating that the Barricks' Homeowners' insurance policy would terminate on January 5, 2002. 7, A Writ of Execution was issued on December 10, 2001 to enforce the judgment, and the mortgaged premises located at 1901 Douglas Drive, Carlisle, PA 17013, was sold to Plaintiff at the Cumberland County Sheriffs Sale held on March 6, 2002. 8. Thereafter, the Sheriff of Cumberland County executed a Deed to Wells Fargo Home Mortgage, Inc" mda Norwest Mortgage, Inc., which was recorded in the Office of the Recorder of Deeds of Cumberland County on March 28, 2002 at Book Number 250, Pages 4889-4891, A true and correct copy of the Sheriff's Deed is attached hereto as Exhibit B. 9, However, unbeknownst to Plaintiff's counsel, Mutual send a letter to Plaintiff dated February 25, 2002 denying Plaintiff's insurance claim for extensive water damage and neglect of the property, A true and correct copy of the letter from Dale Wagner Insurance Agency is hereto attached as Exhibit C, 10, Plaintiff has determined that the value of the property has been significantly diminished due to the extensive damages that the property has sustained, and Plaintiff will suffer irreparable hann unless the relief requested herein is granted. ~'-:-~ > 1;0 "" '",0'_. "" ~". ,;'. "', 'j~J"_t , , FEDERMAN AND PHELAN, LLP BY: JENINE R. DAVEY, ESQUIRE Identification No. 87077 One Penn Center at Suburban Station Suite 1400 1617 J.F.K. Blvd. Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Wells Fargo Home Mortgage, Inc., f/kla Norwest Mortgage, Inc. 5024 Parkway Plaza Boulevard Charlotte, NC 28217 Court of Common Pleas Civil Division vs. Cumberland County Robert A. Barrick, Jr. and Cheryl Barrick 1901 Douglas Drive Carlisle, P A 17013 No. 01-2053 PLEASE BE ADVISED THAT THIS FIRM IS A DEBT COLLECTOR AITEMTING TO COLLECT A DEBT. ANY INFORMATION RECEIVED 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 THE PROPERTY. MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO SET ASIDE SHERIFF'S SALE AND STRIKE SHERIFF'S DEED An in r!m! Judgment was entered in favor of Plaintiff in the above-referenced mortgage foreclosure action on June 27, 2001. Consequently, Defendants filed a Chapter 7 Bankruptcy Petition in the Middle District of Pennsylvania (Harrisburg) at Bankruptcy # 1-0 1-04248 on August I, 200 I. A true and correct copy of the bankruptcy petition is hereto attached as Exhibit A. Plaintiff filed a Motion for Relief from the Automatic Stay, which was granted by the Bankruptcy Court on October 4,2001. A final decree closing the case was issued on November 20,2001. The District Attorney's Office of Cumberland County notified Plaintiff that the mortgaged premises was vacant, and that the premises may have sustained property damage. .=~ , . .~ . ~.~. ..............lIIl!lll1'~E;';_ , ' 11. As such, the Sheriff's Sale held on ~arch (>, 2002 should be set aside; the Sheriffs Deed recorded on March 28, 2002 should be stricken, and the title of the property should revert back to the Defendants. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order setting aside the March 6, 2002 Sheriff's Sale and directing the Recorder of Deeds of Cumberland County to Strike the Sheriff's Deed recorded on March 28,2002 at Book Number 250, Pages 4889-4891. FEDERMAN & PHELAN, LLP k O' -""L ~-, ,"...L-I~ ~~ ;" "", j;-~-.,-- ' '" i Hi#oi'dj:;"-~ , , Plaintiff sent an appraiser to the property to se~ure thl; premises and to survey the damages, wherein he discovered a substantial amount of mold and mildew on the basement walls. The appraiser also discovered that the cause of mold and mildew stemmed from the absence of a sump pump in the basement. A Writ of Execution was issued on December 10, 2001 to enforce the judgment, and the mortgaged premises located at 1901 Douglas Drive, Carlisle, PA 17013, was sold to Plaintiff at the Cumberland County Sheriff's Sale held on March 6, 2002. Thereafter, the Sheriff of Cumberland County executed a Deed to Wells Fargo Home Mortgage, Inc., flk/a Norwest Mortgage, Inc., which was recorded in the Office of the Recorder of Deeds of Cumberland County on March 28, 2002 at Book Number 250, Pages 4889-4891. A true and correct copy of the Sheriff's Deed is attached hereto as Exhibit B. However, unbeknownst to Plaintiff's counsel, Mutual send a letter to Plaintiff dated February 25, 2002 denying Plaintiffs insurance claim for extensive water damage and neglect of the property. A true and correct copy of the letter from Dale Wagner Insurance Agency is hereto attached as Exhibit C. Plaintiff has determined that the value of the property has been significantly diminished due to the extensive damages that the property has sustained, and Plaintiff will suffer irreparable hann unless the relief requested herein is granted. As such, the Sheriffs Sale held on March 6, 2002 should be set aside and the Sheriff's Deed recorded on March 28, 2002 should be stricken, and the title of the property should revert back to the Defendants. Pa. R.C.P. 1066 (b)(3) gives the Court the authority to strike the sale and Deed. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order setting aside the March 6, 2002 Sheriff's Sale and directing the Recorder of Deeds of Cumberland County to Strike the Sheriff's Deed recorded on March 28, 2002 at Book Number 250, Pages 4889-4891. FEDERMAN & PHELAN, LLP ineR. Davey, Esquire 1\ttomey for Plaintiff ., Ie-,.;;', ~ . ^ b -I~ " , ~ '-J. "",-,,-..~..k.~,.,_,_: VERIFICATION Jenine R. Davey, Esquire, hereby states that she is the attorney for the Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Set Aside Sheriff's Sale and Strike Sheriff's Deed 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. S4904 relating to unsworn falsifications to authorities. FEDERMAN & PHELAN, LLP Je . e R. Davey, Esquire A orney for Plaintiff ',.- ' ~'--'I......' ,.'. ,.",' " "'""",,".0-.' 'C',' ~', Party Listing Page 1 of1 Party Listing 1 01-04248 (Harrisburg) BARRICK, ROBERT A and BARRICK, CHERYL A DEBTOR: ATTORNEY: BARRICK, ROBERT A JACQUELINE M. VERNEY 121 EAST LOUTHER STREET REAR 44 S HANOVER ST CARLISLE, PA 17013 CARLISLE, PA 17013 (717) 243-9190 SSN: 202-42-6314 JOINT DEBTOR: ATTORNEY: BARRICK, CHERYL A JACQUELINE M. VERNEY 121 EAST LOUTHER STREET REAR 44 S HANOVER ST CARLISLE, PA 17013 CARLISLE, P A 17013 (717) 243-9190 SSN: 379-72-4122 TRUSTEE: MARKlAN R. SLOBODIAN 801 N. SECOND STREET PO BOX 11967 HARRISBURG,PA 17108-1967 (717) 232-5180 I PACER Service Center I I Transaction Receipt I I 06/20/2002 11 :36:23 I IPACERLogin: IIfpo039 IIClient Code: I IDescription: IIParties IICase Number: 1112001-04248 I IBillable Pages: III IICost: 110.07 I ~Need help? Try the PACER User's Guide liiilPacer Service Center http://pacer.pamb.uscourts.gov/cgi-bin/foxweb.exe/npacer/nPacer 6/20/02 " -~.~,' ,". ' ~'li';',;5 pocket for Case: "+ GetCaseNoO +" (" + DkfI:yp.!lExpand(m.gsDktType) +") . , . Page I ofl Bankruptcy Docket Report 101-04248 (Harrisburg) BARRICK, ROBERT A and BARRICK, CHERYL A Docket items entered between 0110111931 and 06/20/2002 Filing No. Docket Entry Date 08/01/0 I I VOLUNTARY PETITION under Chapter 7, Matrix and all Schedules/Statements [EOD 08/01/01] [BR] 08/13/01 2 MOTION for relief from stay filed by WELLS FARGO HOME MORTGAGE, INC. fi'k/a Norwest Mortgage, Inc. (Fee Pd. Rec.#572954-CR, $75.00) [Disposed] [EOD 08/13/01] [NP] CERTIFICATE OF NON-CONCURRENCE [EOD 08/13/01] [NP] 08/13/0 I 3 ORDER that answers aredue on 09/04/01 Re: Item # 2. [EOD 08/13/01] [NP] 08/23/0 I 4 CERTIFICATE of service Re: Item # 3. [EOD 08/23/01] [SM] 08/24/0 I 5 CERTIFICATE OF MAILING of notice of341 meeting. [EOD 08/24/01] [CR] 09/17/01 6 REAFFIRMATION AGREEMENT between Debtor and AMERICAN GENERAL CDC [EOD 09/17/01] [SM] 09/18/01 7 341 meeting held. [EOD 09/19/01] [CR] 09/21/0 I 8 FINAL REPORT ofTrustee in No Asset Case, [EOD 09/24/01] [CR] 10/04/0 I 9 MOTION for default judgment Re: Item # 2. [Disposed] [EOD 10/04/01] [NP] 10/04/0 I 10 ORDER granting defaultjudgmentRe: Item # 9. [EOD 10/04/01] [NP] ORDER granting relief from stay Re: Item # 2. [EOD 10/04/01] [NP] 11/20/0 I II DISCHARGE ofDebtor(s). Certificate of Mailing. [EOD 11/20101] [DR] 11/20/0 I 12 FINAL Decree. Certificate of Service. [EOD 11/20/01] [DR] Printed: 06/20/02 II :36:02 I PACER Service Center I I Transaction Receipt I I 06/20/2002 11:36:02 I Ip ACER Login: IIfp0039 I!Client Code: I IDescription: IIDocket IICase Number: 1112001-04248 I IBillable Pages: III IICost: 110.07 I ~ Need help? Try the PACER User's Guide ll2iIPacer Service Center .../nPacer?ExecThis=docket&puid=O I 0245781 93&case _ no=200 1-04248&office= I &DktType=+.6/20/02 ~ , L' ~ IJ-. /C1'1- t' . Tax Parcel #29~16-1094-127 .J(now aU Men by these Presents. . , 'That I, R. Thanes Kline Cumberland in the State of Pennsylvania, for and in consideration of the sum of nnjl:lo .. , ~, Sheriff of the County of Sl.00 dollan, to me in hand paid, do hereby grant and convey to Wells Fargo Hane Mortgage, INc. f/k/a Norwest Mortgage, Inc. " REAL ESTATE SALE No. 37 Writ No. 2001-2053 Civil Term Wells Fargo Home Mortgage, Inc. fIkIa Norwest Mortgage Inc. vo Robert A. Barrick, Jr. and Cheryl Barrick Ally: Frank Federman DFSCRIPTlON ALL THAT CERTAIN tract of land with the improvements thereon erected. situate m North Middl~p' ( . Township, Cumberland Cou~ty" Pennsylvania, bounded and described as follows: ; i BEGINNING at a point. on the : Eastern line of Douglas brive and ; at the Northern line ~f C:hester : Road as shown on the heremafter : mentioned plan of lots; thence by the latter North 85 degrees East 150 , feet to, a point at line of Lot No. I, Block "B" on said plan; thence by , , said Lot N~. 1; Block "B", and Lot , No.2, Block "0", North 05 degrees West 100 feet to a point of Lot No. 29, Block "8"; thence by dle same, : South 85 degrees west 150 feet to a point on the Eastern line of Douglas Drive' thence by the same., South 05 dePsEast l00feetto tbe Northem line of Chester Road and the Place : of BEGINNING. BEING Lots Nos. 30 and 31 on PlanNo.l,Block''B'',ofNollManor as recorded in the Office of the. Recorder of Deeds in Plan Book 11, Page5!. .th BEING improved thereon W1 a dwelling house known and n1!m- bered as 1901 Douglas Dnve, Carlisle. TAX PARCEL #29-16-1094- 127. . . ted: TITLE to said premIses IS ves in Robert A. Barrick and Cheryl A. Barrick, his wife. by Deed from Toby L. Kutz, single person, ~ 6/10193 and recorded 6114/93 In Record Book 06 Page 538. "" c '" :;:; :;3 ro fT! = ?OJ = r r<> >- '" -- CJ ~ <> <> c " tD :z: rq -< rn ...:: -< "' ;-.:.; U1 , en " ". 8DOK 25fj-:\GC4889 ".'" ""., " ~ ""K I~,~. J:tll4:~.i'- ;._-,"'- 'fo_ (,,~)'<):::~::;':l;i;~t~}" . , ,-, " .,;.-!- ~ ~ " '" i:- '\\ . , ..~- ~':J :: ".I,; .',':: the same' having been sold by me to the said grantee on the and 6th two day of March Anno Domini two thousand (20 ~) after due advertisement according to law, under and by virtue of a writ of Execution issued on the day of Anno Domini 20 ~ out of the court of Common Pleas of Term, Two thousand and In'''h DecP.lI1Mr Cumberland County. Pennsylvania. as of Civil one (2011L-) Nnmber '01)1 . at the suit of '~Wells Farao Home Mortgf.lgP._ TnC! f/k/R 1\In1'"WJO>C:!t- Mnrf-']?ry=' Tn.... '. against Robert Aa Barrick, Jr. and Cheryl Barrick neOK ~.)Q;Act4~-o . , In Witness Whereof, I have hereunto affixed my signature this 26th day of March ( 20 -.!lL) and two Commonwealth of Pennsylvania, ss. Before the undersigned, CurtisR.Long of the Court of Common Pleas of Cumberland County Pennsylvania, Personally appeared R.. ThCJ:t'las Kline Sheriff of " Anno Domini two thousand /~- ./,,,,,:::::,,~.~::; /;/ '-.r.;::.~'''>'.,,~ ..",--? ,. . .., .--,,"""'Y I . Sh~ff R. 'Th~s Kline. Sheriff" COUNTY OF CUMBERLAND Prothonotary Cumberland County aforesaid, and in due form of law declared that the' facts set forth in the foregoing Deed are true. and that he acknowledged the same in order that said deed might be recorded. Wimess my hand and seal of said Court, this 26th (20-RJ ~~ Anno Domini two thousand and ..."., day of March NOTARIAL SEAL PROTHONOTARY. NOTARY PUBUC CMU./SU COMSERW<O COUNIY COURT HOUSE Mf COMMISSION EXl'/RfS JANUARY 2.2OCl1 I hereby certify that the residence and Post Office address of the within Grantee is 5024 Parkway Plaza Blvd. Charlotte, NC 28217 _ ~~~ Solicitor I Certify this to be recorded In Cumberland County P A .~r" ~~ ~ Recorder 'If r> ".,',' BGOK 250 p.\cr4891 L ___~~ ~Ui:' WW U~; Ij~ AM Wl:.LL::i ~ HKliU Ap~ 10 02 00'12a ::.. ~ . ~ . -, . ~ I~." o' -~., "." ,- -"~-'- -, .-. ',,,iu . -, - ';';~; rHh NU, 010~I~qO~1 r, uau~ p.l , , . . Februaty 25, 2002 The Wells Fargo Home Mortgage Po Bo~ 6502 Sprl+ltl. OH 45501-6502 . Re: Claim No.: M02l1046A Former Insured's Policy No.: HOOO253222 Former Insured: Robert &: Cheryl Burlck Your Loan No.; 472.1165794- Dear Sir or Madam: - We have eomp1eted our inve6tigation regarding the claim that your company bas made as a mortgage company lUleier the Mortgage Clauso in the lIomeoWDer's JlIS\ll'IIIICe Policy of Robert &: Cheryl Barrick that was active from 6.9-01 thm }-5.-O2. The Mortgage Clause can indemnifY your company for any covered Joss UDder the Coverage A or B (dwelling &: other Stt\ICtures) as your interCsts appear. The mortgage company must: a. Notifies us of any change in ownership, occ;upallCy or substantial change in risk of which the mortgagee is aware; b. Pays any premiwD due mu!er this po1K:y on demand if you have neglected to pay the p1"'minm' lllId c. Submits a signt:d, swom statement of loss within 60 days after receiving uotice from us of your &iIure to do so. PQ1K:y collditions l'elating to Appmisal, Suit AgaiDst Us and Loss Payment apply to the mortgagee. Tbere are several Lin:dtations lllId Exclusions and Conditions that our investigation conc1udes whic:h will not make tbis a covered loss. The Homeowner's policy specifically identifies that we do not i:nsutCI, howwe.r, for Joss: 2. Caused by: d. Any of the foDowing: (1) Wear IIIIIi tear,11l81'ring, deterioration; . (3) Smog, rust or other corrosion, mold, wet or dry rot; The Homeowner's furthermore exc1ud\lS the foDowing: c. Water Damage, meaning: (l) Flood, surfilce water, waves, tidal water, overllow of a blldy of water, or spray ftom any oftbese" whether or not driven by wind: ...".....-~- _" .~::!-_c cUUc Wl:.V UlJ:4lJ An Wl:.LL::i I'AKliU ." Ap~ HI 02 08: 1208 - - ~ I . , . " ~ " . , , . __,d. __'. ~ ~,'':' I'AA NU. O!Oc!j4oc{ r. UjfUj p.c . . , . (2) Water which backs up through $eWers or draiDs or whil:h overJlows froIn a SUIlIpi or (3) Water bclowtbe surliK:e of the ground, including water which cxert5 pressure on or seep~ or leaks through a buildiQg, sidewalk. driveway, foliDdation, swimming pool or 0_ structure. . e. Neglect.~ negJect oCtile "insured" to UIle aU te8SODlIb1e!llellDS to save and preserve property at and after the time of a loss. '. k Iurc:ntioJllll Loss,. 1'1I'",..i~ any loss ari&UIg out of any act committed: (1) By or at the dirc:dion ofan "insured"; and (2) Wlth the intent to cause a loss. In concIusion., the Horm:owner'~ polky states the fullowing under the Conditions section: 11. Abandonment of Property. We Deed not BQcept any property abandoned by 8D "insured", Based on our investigation which ioc:J1lde4 an inspectioll of the property with your contractor, our findings are that we IJIIISt deny QOverage fur the mold damages and other claims tblu you have: IIllIde based Oll the above iltaIed Limitations, Exclusions and . ConditioliS wder the Banick's Homeowner's policy. lfyou bave any questions, please &elliee to coDtllCt me at 1-888.215-6417. Sincerely, Ken BW'dine Senior Claims Representative Co: Dale Wagner Insurance Agency 2642 Wlllnut Street Harrisburg, PA 11103 ~. -"7~' '.~ ---~~ / ,. j ;)'" . /. FEDERMAN AND 'p"ELAN, LLP BY: JENINE R. DAVEY, ESQUIRE Identification No. 87077 One Penn Center at Suburban Station Suite 1400 1617 J.F.K. Blvd. Philadelphia, PA 19103-1814 (215) 563-7000 - " . " . ~- -' -, " ., ~dii\illiil;;~ . . , ' . Attorney for Plaintiff Wells Fargo Home Mortgage, Inc., flk/a Norwest Mortgage, Inc. 5024 Parkway Plaza Boulevard Charlotte, NC 28217 Court of Common Pleas Civil Division vs. Cumberland County Robert A. Barrick, Jr. and Cheryl Barrick 1901 Douglas Drive Carlisle, P A 17013 No. 01-2053 PLEASE BE ADVISED THAT THIS FIRM IS A DEBT COLLECTOR ATTEMTING TO COLLECT A DEBT. ANY INFORMATION RECEIVED WlLL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TillS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATI'EMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST THE PROPERTY. CERTIFICATION OF SERVICE I hereby certifY a true and correct copy of the Plaintiff's Motion to Set Aside Sheriff's Sale and Strike Sheriffs Deed, Memorandum of Law in Support thereof, Verification and proposed Order was served by U.S. First Class Mail on all interested parties on the date listed below: Robert and Cheryl Barrick 1901 Douglas Drive Carlisle, P A 17013 Sheriff of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 ~~"" Date fl J ine R. Davey, Esquire ttomey for Plaintiff 1ir/!1!llill~~,jjill~~~lW~~Wi~~~y",;.i!I!\,*"~;i,,lm.otl-J!!:"w.!;m;iI'ili'Wl*'-"=' "~-.."""",,,....,itliili &~f "', . .. _ ~_....~O.~,,_," ''''_,,''''','''_~,"',O''''''",~n'''','''',''.<__~',~, ''''~'._ _,_n _"'-_'" . ."...'. " ~", > -', ~ ." _, ,_". ,,__ ^ _ ~ ~",,, r-'J ~ . ':1 II II ! 8 , 0 ;? f'-0 " 0"', (';:' , :-; " ~ r,:_ 11 " r ;v ,- ." (jj 0 ',J (~) -ry -i~, (--', :-J~ ~2 .:0 (5 C) r-- :;..: i1'1 Z C) ,-; =< ''-> 55 '0 -< ,~_. ~ . ~ 'oj '1,......1 ~ ,- --,~~'~ ~j(f'-,' '" '.... FEDERMAN AND PHElAN, LL.P. By: JENINE R DAVEY, ESQUIRE Identification No.: 87077 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Home Mortgage, Inc., f/kla Norwest Mortgage, Inc. 5024 Parkway Plaza Boulevard Charlotte, NC 28217 Attorney for Plaintiff Court of Common Pleas Civil Division vs. Cumberland County Robert A. Barrick, Jr. and Cheryl Barrick 1901 Douglas Drive Carlisle, P A 17013 No. 01-2053 CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Praecipe to Withdraw Motion to Set Aside the Sheriffs Sale and Strike Sheriffs Deed served by regular mail on Defendants on the date listed below: Robert and Cheryl Barrick 1901 Douglas Drive Carlisle, P A 17013 Sheriff of Cwnberland County Cwnberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 The Honorable Judgment Edward E. Guido Cwnberland County Courthouse One Courthouse Square Carlisle, P A 17013 Dale F. Shughart, Jr., Esquire 35 East High Street, Suite 203 Carlisle, P A 17013 Court Administrator Cwnberland County Courthouse One Courthouse Square Carlisle, P A 17013-3387 DATE: (; IJJ... J e R. Davey, Esquire A':ttomey for Plaintiff ,'~~' ~~. ~ . .' f ." "' ;,.; 1;_' . , FEDERMAN AND PHELAN, L.L.P. By: ]ENINE R. DAVEY, ESQUIRE Identification No.: 87077 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, P A 19103-1814 (215) 563-7000 Wells Fargo Home Mortgage, Inc., f/k/a Norwest Mortgage, Inc. 5024 Parkway Plaza Boulevard Charlotte, NC 28217 Attorney for Plaintiff Court of Common Pleas Civil Division vs. Cumberland County Robert A. Barrick, Jr. and Cheryl Barrick 1901 Douglas Drive Carlisle, PA 17013 No. 01-2053 PRAECIPE TO WlTHDRA W PLAINTIFF'S PETITION TO SET ASIDE SHERIFF'S SALE AND STRIKE SHERIFF'S DEED TO THE PROTHONOTARY: Plaintiff hereby withdraws it's Petition to Set Aside Sheriffs Sale and Strike Sheriffs Deed filed on or about June 24, 2002. ne R. Davey, Esquire orney for Plaintiff '-," - "'-',1 t~~~.~li!i&:M~ilWiiit~~tWIR~~"W*""tii"W.!'lt0r,f;,j!.<i",,;),y,~,;,,"-;filil~jl~~ltUiI\li~JiM ~~ ""', __c~~ "" [, c- "~, M, ,,, ,,__ ,= . ""0 ~ . ,,- -,~ < "," - "",y,,," """ '" , --,.~~ ".' ~ili.!Ili;Q;-- k-o<'!Wl,JilitsHiJ' C) C .<:>--. 3:1 t~~~- Ill!!, 2~-;-- :2:1:::; (;) j: ~f:~ ZC) :;;:() c: 2 -I -' -, '. (~) 1"<: () Ii ,:::1] r", ',D -';-:'I'n .}O ~~) .-1.. ,c-' ~-;=: :R c;--=--- --;;"0 fji'n ~ -< J:;~. :JI: 9 ;::- I\J j STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler 1,_____________________________________________________~________________________Ilecorderor Deeds in and for said County and State do 'hereby certify that the Sheriff's Deed in which _________.______ WElls Fargo Home Mtg Ini fka Norwest Mtg Ine . __________________________________________________________________________________._ ~ thegr.antee the same having been sold to said gr.antee on the _________~_1:.!!___________________________________ day of March . 2002 _ . ________________________________________ A. D., ; _____, under and by vIrtue of a wnt______________ Execution . 10th _______________________________________________ISSUed on the ___ _____ ___ _____ __________ ____ ____ ___ Dee 2001 day of __________________________ A. n., _____, out of the Court of Comman Pleas of said County'as of Civil 2001 -------------;;~;------------.--------w~'iti~--F ;;g-';--Home--MYg-ii:iCn,r-N b'PWes t --M-t-g In c Number ______________, at the suit of _______~_____________________________._________________________ . Robert a Barrick Jr & Cheryl ---------------____________________agaJnst____________________________________________________ ~ d I rd' S - 250 4889 u y reco ed In henfrs need Book No. ________:.___, Page _____________ IN TESTIMONY WHEREOF, I have hereunto Ci-ttC set my hand and seal of said office this d~_______ day of ----ft- -.- ~---~-------- 7 A~., ,;l,,zg ---, :.6.-):6, - _ ___________ . R rder of Deeds Flooordorol ,Cumbertandcounty, COrllsl<>olJan.'~ My C<lmI1llsoIon E>q:IruO lh8 Firat McIlll8y ~,~-~~." " ~~ .' ~ '-'0'. ~.. - ~ ^"L,;: Wells Fargo Home Mortgage, Inc. F/k/a Norwest Mortgage, Inc. VS Robert A Barrick, Jr. and Cheryl Barrick In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-2053 Civil Term J. Micheal Ickes, Deputy Sheriff, who being duly sworn according to law, states that on December 26,2001 at 11 :38 o'clock a.m., EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon one of the Within named defendants, to wit: Robert A Barrick,Jr., by making known unto Cheryl Barrick, adult in charge, at 121 East Louther Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and 'atteSted copy of the same. J. Micheal Ickes, Deputy Sheriff, who being duly sworn according to law, states that'dnpecember 26,,2001 at 11:38 o'clock a.m., EST, he served a true copy ofthe witl1in Real Estate Writ, Notice and Description, in the above entitled action, upon one of the Nithin nafiled defendants, to wit: Cheryl Barrick" by making known unto Cheryl Barri~k, at 121 East Louther Street, Carlisle, Cumberland County, Pennsylvania, its conte.tits and at the same time handing to her personally the said true and attested copy of the same. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states thatdn January 07, 2002 at 10:04 o'clock A.M., E.S.T., he posted a true copy of the witliin Real Estate Writ, Notice, Poster and Description, in the above entitled action, uporithe property of Robert A Barrick, Jr. and Cheryl Barrick located at 1901 Douglas Dri\ie, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being du1y sworn according to law says 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 one of the within named defendants. to wit: Robert A Barrick, Jr., by regular mail to his last known address of 121 East Louther Street, Carlisle, PA 17013. This letter was mailed under the date of January 23,2002 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being du1y sworn according to law says 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 one of the within named defendants to wit: Cheryl Barrick, by regular mail to her last known address of 121 East Louther Street, Carlisle, PA 17013. This letter was mailed under the date of January 23, 2002 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 6, 2002 at 10:00 o'clock AM., EST. He sold the same for the sum of$1.00 to Attorney Frank Federman for Secretary of Veterans Affairs, An Officer of The United States of America. It being the highest bid and best price received for the same, Secretary of Veterans Mfairs, An Officer of The United States of America of Varo i~.;.4>-,:",".<~~~"""""",,,,~ '0. -.. , : 1,-, "",,' ~', ~~ C'.,~. ~~~),Y.' Cleveland (MDP 262 PHI), P.O. Box 99640, Cleveland, OH 44199, being the buyer in this execution paid SheriffR. Thomas Kline the sum of $762.43, it being costs. Sheriffs Costs: DOGketing Poundage Adveliising Posting Handbills Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $30.00 14.95 15.00 15.00 30.00 10.00 .50 1.00 7.15 1.63 15.00 30.00 265.40 251.1 0 24.20 25.00 26.50 $762.43 Swom and subscribed to before me This t.j~ dayof ~ 2002, A.D. qu", Q "iLu/);u tpJ . Pfothonotary . S.o~~~ . r ~J". -t: ?~ R. Thomas Kline, Shfri~ BY J6cht .Jt~ Real Estate Deputy ~~ jo.1.Jll j.~ Q 3{.o~?i f2,..... /;J{.13 " ,-1-- ~ L ,I 1-1. _; '_ '-"'J,_ ~ WELLS FARGO HOME MORTGAGE, INC., ^ FIKlA NORWEST MORTGAGE, INC. CUMBERLAND COUNTY f Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION ROBERT A. BARRICK, JR. CHERYL BARRICK NO. 01-2053 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) WELLS FARGO HOME MORTGAGE. INC.. F/K/A NORWEST MORTGAGE. INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .1901 DOUGLAS DRIVE. CARLISLE. P A 17013 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ROBERT A. BARRICK, JR. 1901 DOUGLAS DRIVE CARLISLE, P A 17013 CHERYL BARRICK 1901 DOUGLAS DRIVE CARLISLE, PA 17013 2. Name and address ofDefendant(s) in the judgment: ROBERT A. BARRICK, JR. 1901 DOUGLAS DRIVE CARLISLE, P A 17013 CHERYL BARRICK 1901 DOUGLAS DRIVE CARLISLE, P A 17013 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. .. .~ 'oFY'i: , , , 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) COMMERCIAL CREDIT CORP. 3401 HARTZDALE DRIVE, STE. 126 CAMP HILL, P A 17011 NORWEST FINANCIAL MARYLAND, INC. 6710 F RITCHIE HWY. GLEN BURNIE, MD 21061 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 1901 DOUGLAS DRIVE CARLISLE, PA 17013 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 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. December 5. 2001 DATE ~J~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~~~",,'X'~~ ,. '0' J I,.. _,_,,_-,;',,'m DIil!lii~ . .~ f WELLS FARGO HOME MORTGAGE, INC., F/KlA l'IORWEST MORTGAGE, INC. Plaintiff, CUMBERLAND COUNTY No. 01-2053 CIVIL TERM v. ROBERT A. BARRICK, JR. CHERYL BARRICK Defendant(s). December 5,2001 TO: ROBERT A. BARRICK, JR. 1901 DOUGLAS DRIVE CARLISLE, P A 17013 CHERYL BARRICK 1901 DOUGLAS DRIVE CARLISLE, P A 17013 **THIS FIRM IS A DEBT COLLECTOR A TTEMPTING 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. 1901 DOUGLAS DRIVE. CARLISLE. PA 17013, is scheduled to be sold at the Sheriff's Sale on MARCH 6. 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of 93,229.27 obtained by WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for the JUNE 5, 2002 Sheriffs Sale. 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. Yau 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.) r__~' " II l ~ ., I _ '~'" 1,= ~' . "'" .' . ~1~/ . .+ r YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE 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 ofthe 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 "'....---. ,""",",--~.~"- --, '" l , ~ - l~ l I ,-= ,~ ... ~ ....,,"',,- . ~ r ALL THA, T CERTAIN tract of land with !he improvemems !hereon erected. sirua[e in N Jrth__________- Middlewn Township. Cumberland Coumy, Pennsylvania, bounded and described as follows: BEGINNI~G a[ a poim on !he Eastern line of Douglas Drive and a[ [he ~onhern line of Chester Road as shown on [he hereinafter memioned plan of lo[s: [hence by [he laner ,,"onh 85 degrees East . - ~ 150 feet [Q a point at line of Lot No.1, Block "B", on said plan: [hence by said Lm No. 1: BlOC~ "B", and Lot No 2, Block "B", Nonh 05 degrees West 100 feet [Q a pOlm of Lot :-';0 29, Block - . . "B": !hence by !he same, Sou!h 85 degrees west 150 fee[ to a poim on the Eastern line of Douglas Drive: thence by the same, Sou!h 05 degrees East 100 fee[ to [he ~onhern line of Chester Road and the Place of BEGIN:iING. BEING Lms Nos. 30 and 31 on Plan No, 1, Block "B", of Noll Manor as recorded in the Office of the Recorder of Deeds in Plan Book 11, Page 51. ----- BEING improved thereon wi!h a dwelling house known and numbered as 1901 Douglas Drive, Carlisle. TAX: PARCEL #29-16-L094-127, TITLE TO SAID PREMISES IS VESTED IN Raben A. Barrick and Cheryl A. Barrick, his wife by Deed from Toby 1. Kutz, Single Person dated 6i10/93 and recorded 6il4/93 in Record Book 136 Page 538. "'''''''''''''1"sl~,,",,,.,,,-_. .Jk,,,",^.~,,",,,}_lJ. ~, -~ ,. " l I~,,~- ...."""""-~nik-, '-'.c_''''"'_~~b!ll_~:i, WR!TPF1~'~f1i!UTroN arid/or ATTACHMENT COMMONWEAL TH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NOOI-2053 C1V1lKX91E!lM CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY To sahsty the debt, interest and costs due _Well!Lfargo Home Mortgage. Inc. F /K/A Norwest MOl:'t~L Inc. PLAINTIFF(S) from __ RO~J::J:,_A. Ba=iek. Jr. Cheryl Bar;dek Eenn~7il.l3- 1901 Dougla~ Drive. Carlisle. DEFENDANT(S) (1) You are directed 10 levy upon the propeny of the defendant(s) and to sell 1901 DouqlaS,Drive, Carlisle, Pa. 17013 (2) You are also directed to allach the propeny of fhe defendant(s) not fevied upon in the possession of GARNISHEE(S) as follows: and tOrlllt~y the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s)j~are enjoined from paying any debt to dr/or the account of the defendant(s) .and from delivering any property of the defenclant(s) or otl1erwiseqi$posing thereof; , (3) If propert~of thedefendant(s) not levied upon an subject to attachment iSfoundilllhe posse~l!~~;9~~!l}'~~plher than a named garnishee. you are directed 10 notUy hiinlherthat he/she has been added as agamisl'1ee and;is'~nlqlnYl(j:aS"8bove stated. Amount Due S 93 229 27 from 6/25/01 to j/6/0~ (per dlem-l~.jj) Interest $ '. Rq, R7 Ally's Comm Ally Paid Plaintiff Paid . % L.L. Due Prothy Other Costs ,?n ~n 1.00 s 119.10 Date December 10. 2001 Curtis R. Lonq Prothonotary, Civil Division by, C)/('p,a ~ Deputy REOUESTlNG PARTY: Name Fr,::mk FPilpTTTl;;m. F.~CJA _ One Penn Center at Suburban Station Address: . t 16-j;"T-;JoIlJl F. Kt:l111ttly Buultvard, -sui e Philadelphia. Pa. 19103-1814 Morney 10r:Plaintiff Teiephone: Supreme Court 10 No. 1400 !N~_;mili!iJi,\llililti!i1illii~{!\h~;r~iliJ:Hjfi'1~)]<l?l\jJN~:""ciio&'J-iif~1-,)~-,:"-,r.',._,,,,]^_"~,,"i-"-'iJ~,!,_,,.'r;<Mr":'i1!l;l~~~~t~~milillOlilil' """"',..' --~ ~~"".-~, ~~l"~ ''''k:rf ~.,~ REAL ESTATE SALE Ntl 31 On December 12, 2001, the sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA, known and numbered as 1901 Douglas Drive, Carlisle, and more fully described on Exhibit "A" Date: December 12,2001 By: Om).) ~ R~;l- .gstate Deputy ~ ~ ~ filed with this writ and by this reference incorporated herein. \ S~~Jd ><IH"i 1\\.':,.,.,': "i -1""', t.:.' \ :~' ", " ~"t, \\ 'jjll \\). \\d .' ..' \,\(1:1 ,y ",,\\ ~~o ~~llil(,~ ~~~~ ji) ,~\ ~~\\l3\\" ~" .,..:... , , . tf " 0(" w. ~I ~, ~, "i_~ ""-^ ~ -~~W:H 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 Michael Morrow being duly sworn according to law, deposes and says: That he is the Ass!. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonweaith 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.Il1e. Sundav 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 29th day(s} of January and the 5th and 12th day(s) of February 2002. 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 D u in in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy SALE#37 Notarial Saal Terry l. Russ.", Nolary Public Harri.burg. Dauphin County My Commission Expires June 6. 2002 Member, P""nsylvanla Associallon 01 Nolaries y commission expires June 6, 2002 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 $ 249.60 1.50 251.10 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher 01 The Patriot-News and The Sundav 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.................................................................... -"'h:""''''''''''''C'''''''J,- .~".-,- - "- ; '=~. i.,.."j I ~~ ~-- "''''~~ij 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 : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Jouma1, 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 ofthe said Cumberland Law Journal on the following dates, V1Z: JANUARY 25, FEBRUARY 1, 8, 2002 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. ~- Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 8 day of FEBRUARY. 2002 NOTARiAL I.OIS E. SNYDER, Nolary Public CalIIsIe Boro, ~ County My Commlsalon Expires March 5. 2!lO5 REAL ESTATE SALE NO. 37 REAL ESTATE SALS No. 37 Writ No. 2001.2053 Civil Term Wells Fargo Home Mortgage, Inc., Uk/a Narwest Mortgage Ine. vs Robert A. Bsrncl<, Jr. and Cheryl Banick Atty: Frank Federman DESCRIPTION '.ALL THAT CERtAn-;: "ir;l.ct of land with the iinprovement.Llhereo~::'erected. situate in North Middleton Towllsl!~! C:umbedand C01.Iuty, ,.pennsylvania, bounde(l,.und descnlled as follows: ,.BEGlNNrnG at a poInt on the Eastern rme of i: pougla,<; Dnve and at the Northern line of Chester Road as shown on the hereinafter mentioned plan of lots; thence by the latter North 8S degrees East 150 feet'toa point at line oftol No.1, Block ''Bn, "on saidpJan; thence by said Lot No.1; Block "B", and Lot No.2, Block "B", North 05 degrees West , lOO feet to a poiDt of Lot No. 29. Block "B", "tbence..by.tbe. same, South 85 degrees west J50 fed to a point on the Eastern line of Douglas ,.P.Ijy€;,,~~ce .~y .the ~ame, south 05 degrees Bast 100 feet to the Northern llne of Chesler Road and the Place of BEGINNING I BEINGLooNos. 3Qand31 (If! Plan No. I, Block '13", of Noll Manor as recorded in the Office of , theRecorderofDeed~ in Plan Book II, PageS} BEING improved thereon .vith a dweJling house known ,and numbered as 1901 Douglas Drive, Carlisle. TAX PARCEL 1f2'J.16.1094-127. TITI.E..,to said preinises is. vefiled in Robert A. Barrlckand Cheryl A., Barrick, his wife, by Deed from Toby 1. Kutz; ~i!gle person, dated 6110193 and recorded 6114193 1.1 Record Book 136 Page 53~ Writ No. 2001-2053 Civil Wells Fargo Home Mortgage. Inc. f/k/a Norwest Mortgage. Inc. vs. Robert A Barrick. Jr. and Cheryl Barrick Atty.: F.rank Federman ALL THAT CERTAIN tract of land with the improvements thereon erected. situate in North Middleton TO'W1lship. Cumberland County. Pennsylvania. bounded and de- scribed as follows: BEGINNING at a point on the Eastem line of Douglas Drive and at the Northern line of Chester Road as shown on the hereinafter men- tioned plan of lots; thence by the latter North 85 degrees East 150 feet to a point at line of Lot No.1. Block "B". on said plan; thence by said Lot No.1; Block "B". and Lot Nt). . 2. Block "B". ~orth 05 dtWees 'Vest 100 -feet to -a- point of Lot No-:- 29. Block "8"; thence by the same, South 85 degrees west 150 feet to a point on the Eastern line of Doug- las Drive: thence by the same. South 05 degrees East 100 feet to the Northern line of Chester Road and the Place of BEGINNING. BEING Lots Nos. 30 and 31 on Plan No.1. Block "B", of Noll Manor as recorded in the Office of the Re- corder of Deeds in Plan Book II. Page 51. BEING improved thereon with a dwelling house known and num- bered as 1901 Douglas Drive. Car- lisle. TAX PARCEL #29-16-1094.127. 11TLE TO SAID PREMISES IS VESTED IN Robert A Barrick and Cheryl A Barrick, his wife by Deed from Toby L. Kutz. Single Person dated 6/10/93 and re<oorded 6/14/ 93 in Record Book 136 Page 538.