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Home My WebLink About03-2141COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW OLENA W. STERCHO, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D.//33591 WELLS FARGO BANK MINNESOTA, N.A., as Trustee for Delta Funding Home Equity Loan Asset-Backed Certificates, Series 2001-2, by its attorney in fact, Ocwen Federal Bank FSB 1675 Palm Beach Lakes Blvd. West Palm Beach, FL 33401 VS. MARTIN E. GILLIGAN, JR. and DARYLANN GILLIGAN 3510 Ada Drive Mechanicsburg, PA 17050 CIVIL ACTION- MORTGAGE FORECLOSURE This is an attempt to collect a debt and any information obtained will be used for that purpose. NOTICE You have been sued in Court. If you wish to defend the claims set forth in the following pages, you must take action within twenty (20) days after this Civil Action and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense 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 \\Server\office docum\Diane\COMPLAIN\OCWEN.GiLLiGAN CUMBERLAND 4-03.wpd Court without further notice for any money claimed in the Civil Action or for any other claim or relief requested by the plaintiff. You may lose money or property of other rights important to you. YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR 4TH FL., CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 \\Server\office docum\Diane\COMPLAIN\OCWEN_GiLLiGAN CUMBERLAND 4-03.wpd NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ., YOU MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF YOU DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE YOU WITH WRITTEN VERIFICATION OF THE DEBT, AS WELL AS THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR. OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. IF YOU DO NOT DISPUTE THE DEBT, IT IS NOT AN ADMISSION OF LIABILITY BY YOU. IF YOU NOTIFY US IN WRITING WITHIN THE THIRTY (30) DAY PERIOD, WE WILL CEASE COLLECTION OF THIS DEBT, OR ANY DISPUTED PORTION OF IT, UNTIL WE HAVE OBTAINED THE REQUIRED INFORMATION AND MAILED IT TO YOU. ONCE WE HAVE MAILED YOU THE REQUIRED INFORMATION, WE WILL CONTINUE THE COLLECTION OF THIS DEBT. THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR. THIS ACTION IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. \\Server\office docum\Diane\COMPLAIN\OCWEN_GiLLiGAN CUMBERLAND 4-03.wpd COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW OLENA W. STERCHO, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D.//33591 WELLS FARGO BANK MINNESOTA, N.A., as Trustee for Delta Funding Home Equity Loan Asset-Backed Certificates, Series 2001-2, by its attorney in fact, Ocwen Federal Bank FSB 1675 Palm Beach Lakes Blvd. West Palm Beach, FL 33401 VS. MARTIN E. GILLIGAN, JR. and DARYLANN GILLIGAN 3510 Ada Drive Mechanicsburg, PA 17050 · NO. O3 -~lt-/l CIVIL ACTION- MORTGAGE FORECLOSURE 1. Plaintiff is Wells Fargo Bank Minnesota, N.A., as Trustee for Delta Funding Home Equity Loan Asset-Backed Certificates Series 2001-2, by its attorney in fact, Ocwen Federal Bank FSB, a federal savings bank with offices located at 1675 Palm Beach Lakes Blvd., West Palm Beach, FL 33401. 2. Defendants are Martin E. Gilligan, Jr. and Darylann Gilligan, adult individuals with a last-known address of 3510 Ada Drive, Mechanicsburg, PA 17050. 3. Under date of July 26, 2001, defendants executed and delivered to Fidelity Mortgage, Inc. a mortgage upon premises 3510 Ada Drive, Mechanicsburg, PA 17050 to secure \\Server\office docum\Diane\COMPLAIN\OCWEN_GiLLiGAN CUMBERLAND 4-03.wpd the payment of the sum of $154,700.00. The said mortgage is recorded in the Department of Records in and for the County of Cumberland in Mortgage Book No. 1732, page 972, recorded August 31, 2001 and is incorporated herein by reference. A copy of the legal description of the premises is attached hereto and made a part hereof as Exhibit "A". 5. By Assignment recorded May 15, 2002 in Bk. 687, P. 869, the loan was assigned to Wells Fargo Bank Minnesota, N.A., as Trustee. 6. Ocwen Federal Bank FSB is the attorney in fact for Wells Fargo Bank Minnesota, N.A., as Trustee. 7. The defendants are the real owners of premises 3510 Ada Drive, Mechanicsburg, PA 17050. 8. In accordance with Act 91 of 1983, as amended, a combined notice providing the information required by §403 of Act 6 of 1974, and Act 91 aforesaid, was sent to the defendants and no response was made in the appropriate period of time. A true and correct copy of the aforesaid notice is attached hereto and made a part hereof as Exhibit "B". 9. The said loan is in default as a result of the failure to pay the monthly installments of $1,385.12 due on August 1, 2002 and on the 1st day of each month thereafter. 10. The following is due on the loan: PRINCIPAL BALANCE INTEREST (accrued thru 4/23/03 of $12,804.11. Interest after 4/23/03 shall accrue at the per diem rate of $43.60.) $153,953.55 12,804.11 LATE CHARGES (accrued thru 4/03 of $415.56. Late charges after 4/03 shall accrue at the monthly rate of $69.26.) 415.56 FEES BILLED COSTS ATTORNEY'S FEE TOTAL 746.72 300.00 6,000.00 $174,219.94 \\Server\office docum\Diane\COMPLAIN\OCWEN_GiLLIGAN CUMBERLAND 4-03.wpd WHEREFORE, Plaintiff, Wells Fargo Bank Minnesota, N.A., as Trustee, for Delta Funding Home Equity Loan Asset-Backed Certificates Series 2001-2, by its attorney in fact, Ocwen Federal Bank FSB requests this Court to enter judgment for foreclosure of the mortgaged property for the sum of $153,953.55, plus interest thereon of $12,804.11 plus $43.60 per day from April 23, 2003 until judgment is paid in full, late charges of $415.56, plus late charges of $69.26 per month from April, 2003until judgment is paid in full, fees billed of $746.72, costs of $300.00, attorney's fees of $6,000.00, plus record costs. STERN AND STERCHO OL'~Ei~ W. STERCHO, Attorney for Plaintiff \\Server\office docum\Diane\COMPLAIN\OCWEN_GiLLIGAN CUMBERLAND 4-03.wpd VERIFICATION Brandy Culter is the Senior Manager of Default Servicing of OCWEN FEDERAL BANK FSB and is authorized to sign this Verification on behalf of same, and states that he/she verifies the foregoing Civil Action - Mortgage Foreclosure against l~/rt±n and Darylann Gilligan and avers the statements of fact therein contained are made subject to the penalties of 18 PA C.S. Section 4904 relating to the unsworn falsification to authorities, and that same are true upon the signer's personal knowledge or information and belief. LOan #99035883 Brandy Culter, ,,~ Senior Manager of D ult Servicing All that certain lot or piece of ground with the improvements thereon erected situate in East Pennsboro Township, County of Cumberland and Commonwealth of Pennsylvania, bounded and described in accordance with a Subdivision Plan of Laurel Hills, Section 4, made by Buchart-Hom, Consulting Engineers and Planners, Job 203020, and recorded in the Office for th~ Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 31, Page 27, as follows, to wit: Beginning at a stake on the northern right-of-way line of Ada Drive at the southeast comer of Lot NO. 164; thence along the eastern line of lot NO. 164, North 4 degrees 39 minutes 15 seconds East, 100 feet to a stake on the southerly line of Lot No. 156, Section No. 2 of the above-referred to Plan; thence along the southerly line of Lot No. 156 and Lot NO. 157, Section No. 2 of the above-referred to Plan, North 85 degrees 20 minutes 45 seconds West a distance of 100 feet to a stake at the northwestern comer of Lot No. 166 on the above-referred to Plan; thence along the western line of said Lot No. 166, South 04 degrees 39 minutes 15 seconds West a distance of 100 feet to a stake on the northerly right-of-way line of Ada Drive; thence continuing along same South 85 degrees 20 minutes 45 seconds East a distance of 100 feet to a stake, the point and place of Beginning. Being Lot No. 165 Section 4, Lot No. 165 is known and numbered as 3510 Ada Drive. Being the same premises which Kenneth C. Gray and Maria T. Gray, by Deed dated June 25, 1993, and recorded June 29, 2003, in Book 36J, Page 267, granted and conveyed unto Martin E. Gilligan, Jr. and Darylann Gilligan, in fee. STERN & STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111' Date: January 30, 2003 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort a e on our home is in defaul and the lender intends to foreclose. S ecific information about the nature of the default is rovided in the The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM EMAP ma be able to hel to save our home. This Notice ex lains how the ro ram works. Tosee ifHEMAP can hel ou must MEET WITHA CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with ou when ou meet with the Counselin A enc. The name address and hone number of Consumer Credit Counselin A encies servin ' our hearin can call 717 780-1869. This Notice contains im ortant legal information. If--ou have an uestions re resentatives at the Consumer Credit Counselin A eric ma be able to hel ex lain it. You ma als° want to contact an attorne in our area. The local bar association ma be able to hel ou find a LA NOTIFICACION' EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (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 PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Darylann Gilligan and Martin E. Gilligan, Jr. PROPERTY ADDRESS: 3510 Ada Drive,'Mechanicsburgh, pA 170501 LOAN ACCT. NO.: 99035883 ORIGINAL LENDER: Fidelity Mortgage Inc. CURRENT LENDER/SERVICE: Wells Fargo Bank, Minnesota, N.A., as TrUstee for Delta Funding Home Equity Loan Asset-Backed Certificates Series 2001-2, by its'attorney in fact, Ocwen Federal Bank FSB 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. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this letter, this firm will send you the name and address of the original creditor if different from above. HOMEOWNER,S EMERGENCY MORTGAGE ASSISTANCE PROGRAM · YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SA VE YOUR HOME IF YOU. COMPLy WITH TI-~, PRoVIsioNS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE_, "ACT"), YOU MAy BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED' BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. _TEMPORARY STAY OF FORECLOsuRE _ Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for. thirty (30)-days fi.om the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling .:.i"MUST BRING YOUR MORTGAGE UP TO DATE. THE PART'OF THIS NOTICE CALLED "HO' yOUR MORT;~ECupUR'EToYDCATURE.MORTGAGE DEFAULT" EXPLA/NS HOW TO BRING CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and tele hone numbers are set forth atthe end &this Notice. It is only necessary to schedule one face-to-face meeting.' Advise your lender ~ofyour intentions. APPLICATION FOR MORTGAGE ASSISTANCE __ Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance fi.om the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finar~.ce Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOU APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision 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 ONLY 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 Brin it u to date. ..NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property' located at: 3510 Ada Drive, Mechanicsburgh, PA 17050 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following mounts are now past due: Monthly payments of $1,385.12 for the months of August 1 2002 through and including January 30, 2003, for a total of $8,310.72. ' Other charges (explain/itemize): Late charges of $415.56, and fees billed of $121.72 for a total of $537.28 TOTAL AMOUNT PAST DUE: $8,848.00 ..HOW TO CURE THE DEFAULT --You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING ~HE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $8,848.00, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BE.COME DUE DURING THE THIRTY (30) DAY PERIOD Pa ents mu · cash cashier's check certified check or mo'~i' ~r~e} made -a- Ocwen Federal Bank FSB c/o Olena W. Stercho, Esquire 410 The Pavilion Jenkintown, PA 19046 215-572-8111 .IF YOU DO NOT CURE THE DEFAULT -~ If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. I_F THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt, If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees Will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. .OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. ~hO--~CthU-~-RE~-~,~Tm----~vI~,~-2-~,~ PmR ,T_.yQO SH~mFF'S SALE _. if you have not cured the -~,~-- ~ouj ~z penoct ana mreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreClosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and bY performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as ffyou had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- ' ' It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six months from the date of this Notice. A notice of the actual dateofthe Sheriffs 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 be by contacting the lender. HOW TO CONTACT THE LENDER Name of Lender: Ocwen Federal Bank FSB Address: Phone Number: 1675 Palm Beach Lakes Blvd. West Palm Beach, FL 33401 1-877~836-5626 Contact Person: James Coffey EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE __ You may or may not sell or transfer your home to a buyer or transferee who will assume th--e mortgage d-~bt, 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 INSTITUTION TO PAY OFF 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 NOT HAVE THIS RIGHT TO CUR~ YOUR DEFAULT MORE THAN THREE TllviES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (See Attached) Sincerely, STERN & STERCHO OLENA W. STERCHO VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND REGULAR MAIL - #7099 3400 0001 4252 7755 CONSUMER CREDIT AGENCIES FOR ClIMBER.LAND COUNTY CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-175 7 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 Street Harrisburg, PA 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 Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234Z2227 Adams County Housing AUthority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 SHERIFF'S RETURN CASE NO: 2003-02141 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK MINNESOTA NA VS GILLIGAN MARTIN E JR ET AL REGULAR DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GILLIGAN MARTIN E JRthe DEFENDANT at 4101 NANTUCKET DRIVE , at 1901:00 HOURS, on the 9th day of May MECHANICSBURG, PA 17050 by handing to MARTIN GILLIGAN JR a true and attested copy of COMPLAINT - MORT FORE together with , 2003 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this fi9 -- day of } l~t~y ~j A.D. Prothonotary' So Answers: R. Thomas Kline 05/12/2003 STERN & STERCHO By: Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-02141 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK MINNESOTA NA VS GILLIGAN MARTIN E JR ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GILLIGAN DARYLANN the DEFENDANT , at 1901:00 HOURS, on the at 4101 NANTUCKET DRIVE 9th day of May , 2003 MECHANICSBURG, PA 17050 DARYLANN GILLIGAN by handing to 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /~ ~ day of '~ _.~ ~.'z~ A.D. · 'Pro[[/onotary' So Answers: R. Thomas Kline 05/12/2003 STERN & STERCHO By: Deputy Sheriff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN and STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. #03315 WELLS FARGO BANK MINNESOTA, N.A., as Trustee for Delta Funding Home Equity Loan Asset-Backed Certificates, Series 2001-2 by its attorney in fact, Ocwen Federal Bank FSB VS. NO. 03-2141 CIVIL MARTIN E. GILLIGAN, JR. and DARYLANN GILLIGAN CERTIFICATE OF SERVICE I, RICHARD F. STERN, ESQ., attorney for the within Plaintiff, hereby certify that notice of the Sheriff's Sale was mailed to the Defendants by regular and certified mail, return receipt requested on September 3, 2003 I further certify that notice of the Sheriff's Sale was mailed to each lienholder by regular, first-class, postage prepaid mail on September 3, 2003 as evidenced by copy of certificates of mailing attached. STERN AND STERCHO Attorney for Plaintiff \~ServerXoffice docum~Anne\Certificates\OCWEN.GILLIGAN.CERT.CUMBERLAND.9.03 .wpd 7002 3150 0000 6901 1414 oq ~ u.s. POSTAL SERVICE CERTIFICATE OF MAILING~A~ffi e MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT ~ '"~=~ ~ PROVIDE FOR INSURANCE--POSTMASTER ~'t~o~tma~er fc Received Fr°m: ~. ~ A~orneys at Law ~. ~,~ ~ ~10 The Pavilion ~' '~' ~e~efic~al C.D.C ~ ~l 2. ,_ Cencti ....... PS Form 3817, Mar. 1989 Affix fee e in ~ M-~U'S' POSTAL SERVICE CERTIFICATE OF MAILING ~ ~MESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE--POSTMASTER P~l/mast~ for { Received From: f . . ~ STERN & STERCHO ~f~- Attarn. ~ ~t .L.~ Y W One piece of ordina, mail addressed ,o: 8Ep _ Domestic Reltaions [~[ ~ ~ ~ 1 Courthouse Square 0 ~ Carlise, FA I~UI3 ~ :~ tll~ PS Form 3817, Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE--POSTMASTER Received Fr°m: STERN & STERCHO 410 The Pavilion Tax Claim Bureau /~/~T PS Form 3817, Mar. 1989 COURT OF COMMON PLEAS OF CUMBER:LAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN and STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. #03315 WELLS FARGO BANK MINNESOTA, N.A., as Trustee for Delta Funding Home Equity Loan Asset-Backed Certificates, Series 2001-2 by its attorney in fact, Ocwen Federal Bank FSB VS. NO. 03-2141 CIVIL MARTIN E. GILLIGAN, JR. and DARYLANN GILLIGAN CERTIFICATE OF SERVICE I, RICHARD F. STERN, ESQ., attorney for the witl~tin Plaintiff, hereby certify that the corrected notice of the ShefiWs Sale, scheduled for December 10, 2003, was mailed to the Defendants by certified mail, return receipt requested on October 15, 2003. Copies of certified mail receipts are attached. STERN AND STERCHO RICH.~RI) F. STERN Attorney fbr Plaintiff 10/15/03 \\Server\office docurn~knne\Cerfificates\OCWEN.GILLIGAN,CORRECTEDCERT-CUMB ERLAND. 10.03.wpd COURT OF COMMON PLEAS OF CUMBEKLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN and STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. #03315 WELLS FARGO BANK MINNESOTA, N.A., as Trustee for Delta Funding Home Equity Loan Asset-Backed Certificates, Series 2001-2 by its attorney in fact, Ocwen Federal Bank FSB VS. NO. 03-2141 CIVIL MARTIN E. GILLIGAN, JR. and DARYLANN GILLIGAN CERTIFICATE OF SERVICE I, RICHARD F. STERN, ESQ., attorney for the within Plaintiff, hereby certify that the corrected notice of the Sheriff's Sale, scheduled for December 10, 2003, was mailed to the Defendants by certified mail, return receipt requested c,n October 15, 2003. Copies of certified mail receipts are attached. STERN AND STERCHO RI~3 F. STERN Attorney for Plaintiff 10/15/03 \XServer~office docum~'me\Cerfificates\OCWEN.G[LLIGAN.CORRECTEDCERT.CUMBERLAND. 10.03.wpd COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Wells Fargo Bank Minnesota N A TR is the grantee the same having been sold to said grantee on the 10th day of Dec A.D., 2003, under and by virtue ora writ Execution issued on the 2nd day of Jul¥, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 2141, at the suit of WElls Fargo Bank Minnesota N A Tr Delta Fundin~ Home Eauitv Loan against Martin E Gilligan Jr & Darvlann is duly recorded in Sheriff's Deed Book No. 261, Page 1110. 1N TESTIMONY WHEREOF, I have hereunto set my hand an/~seal of said office this /~ ~'- day of , ^.o. 200 / --Recorder o 'Deeds Wells Fargo Bamk Minnesota, N.A. As Trustee for Delta Funding Home Equity Loan Assett-Backed Certificates Series 2001-2 by its attorney in fact, Ocwen Federal Bank FSB VS Martin E. Gilligan, Jr. and Darylann Gilligan In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-2141 Civil Term Robert Bitner, Deputy Sheriff, who being duly swom according to law, states that on August 20, 2003 at 12:56 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Martin E. Gilligan, Jr. and Darylann Gilligan, by making known unto Martin Gilligan, personally and adult in charge for Parylann, at 4101 Nantucket Drive, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on October 10, 2003 at 12:05 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Martin E. Gilligan, Jr. and Darylann Gilligan located at 3510 Ada Drive, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff; who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Martin E. Gilligan, Jr. and Darylann Gilligan, by regular mail to their last known address of 4101 Nantucket Drive, Mechanicsburg, PA 17050. These letters were mailed under the date of October 8, 2003 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 10, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Richard Stem for Wells Fargo Bank Minnesota, N.A., as Trustee. It being the highest bid and best price received for the same, Wells Fargo Bank Minnesota, N.A., as Trustee of 1665 Palm Beach Lakes Blvd., West Palm Beach, FL 33401, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $870.59, it being costs. Sheriff's Costs: Docketing $30.00 Poundage 17.07 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 15.18 Levy 15.00 Surcharge 30.00 Law Journal 316.55 Patriot News 281.89 Share of Bills 28.90 Distribution of Proceeds 25.00 Sheriff's Deed 39.50 $ 870.59 Sworn and subscribed to before me This /'-/¢ day of(~.,,, 200~A.D. ( ~-ffa.~ ~) ~r6thonotary So An.~.wet~ R. Thomas Kline, Sheriff Real Estate E~uty THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 28th day(s) of October and the 4th and 11th day(s) of November 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that al/ of the allegations of this statement as to the time, place and character of pub/ication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION Teny L, Russell, Nota~/Pu~ /j~ ~~/~ My~ ~r~ J~e6,~ NOTA~ PUBLIC ~, ~n~ ~ ~ommission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 281.89 Publisher's Receipt for Advertising Cost Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general sdge receipt of the aforesaid notice and publication costs and certifies that the same have PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Lisa Marie Coy'nh Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: OCTOBER 17, 24, 31, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 23 Writ No. 2003-2141 Civil Wells Fargo Bank Minnesota. N.A., as Trustee tbr Delta Funding Home Equity Loan Asset-Backed Certificates, Series 2001-2 by its attorney in tact, Ocwen Federal Bank FSB VS, Martin E. Gilligan, Jr. and Darylmm Gilligan Atty.: Olena Stercho EXHIBIT "A~ All that certain lot or piece of ground with the improvements there- on erected situate in East Pennsboro Township, County of Cumberland and Commonwealth of Pennsylva- nia. bounded and described irt ac- cordance with a Subdivision Plan of Laurel Hills. Section 4. made by Buchart-Horn, Consulting Engineers and Planners. Job 203020. and re- corded in the Office lbr the Recorder of Deeds in and for Cumberland County. Pennsylvania. in Pla~ Book SWORN TO AND SUBSCRIBED before me this 31 day of OCTOBER, 2003 LOtS E. SNYDER, Not~/Public Carlisle Boro, Cumbedald County My Commissie~ E~lres Ma~h 5, 2~05 Darylann Gilligan Atty.: Oiena Stercho EXHIBIT "A' /%11 that certain lot or piece of ground with the improvements there on erected sit~ate in East Pennsbom Township, County of Cumberland and Commonwealth of Pennsylva- nia, bounded and described in ac- cordance with a Subdivision Plan of Laurel Hills. Section 4, made by Buchart-Horn, Consulting Engineers and Planners. dob 203020, and re- corded in the Office for the Recorder of Deeds in and for Cumberland County, Pennsylvania. in Plan Book 31. Page 27, as follows, to wit: Beginning at a stake on the northern right-oiLway line of Ada Drive at the southeast corner of Lot NO. 164: thence along the eastern line of lot NO. 164, North 4 degrees 39 minutes 15 seconds East. 100 feet to a stake on the southerly line of Lot No, 156, Section No. 2 of the above-referred to Plan: thence along the southerly line of Lot No. 156 and Lot NO. 157, Section No. 2 of the above-referred to Plan. North 85 degrees 20 minutes 45 seconds West a distance of t00 feet to a stake at the northwestern corner of Lot No. 166 on the above-referred to Plan: thence along the western line of said Lot No, 166, South 04 degrees 39 minutes 15 seconds West a distance of 100 feet to a stake on the northerly right o~way line of Ada Drive: thence continu- ing along same South 85 degrees 20 minutes 45 seconds East a dis- tance of 100 feet to a stake, the pokxt and place of Beginning. Being Lot No. 165 Section 4, Lot No. 165 is known and numbered as 3510 Ada Drive. Being the same premises which Kermeth C. Gray and Maria T. Gray, by Deed dated dune 25, 1993, and recorded dune 29, 2003, in Book 36,1, Page 267, granted and con- veyed unto Martin E. Gilligan, dr. and Darylann Oilligan, in fee. NOTARIAL SE LOIS E. SNYDER, Not Ca~lisle B~'o, l~y Commmio~ Expires