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HomeMy WebLinkAbout01-055254 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIItE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 ( 151 Sfi'i-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION WELLS FARGO HOME MORTGAGE, INC. 5024 PARKWAY PLAZA BOULEVARD BUII,DING 7/F/C CHARLOTTE, NC 28217-2407 Plaintiff v. JANET SPENCER, CO-EXECUTOR OP' THE ESTATE OF BETTY JANE DETTZEL 20 WATTS LANE TERM NO. ~l -- ~saS CUMBERLAND COUNTY CARLISLE, PA 17013 JOAN ANDERSON,CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL R,D. 2 BOX 304 LANDISBURG, PA 17040 DON KOVACS, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL 379 WILSON STREET CARLISLE, PA 17013 UNKNOWN HEIItS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIl2MS OR ASSOCIATIONS CLAINIING RIGHT, TITLE OR IIVTEREST FROM OR UNDER BETTY JANE DEITZEL, DECEASED 38 SOUTH SIDE DRIVE NEWVILLE, PA 17241 Defendant(s) **THIS FIItM 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 REAFFHtMED, 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 afrer this Complaint and Notice are served, by entering a written appeazance 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 maybe entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 4183425/KXM IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LI][~WISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIIZST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THYS COMPLAINT IS TO BE FILED IN THI5 ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIItES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is WELLS FARGO HOME MORTGAGE, INC. 5024 PARKWAY PLAZA BOULEVARD BUILDING 7/F/C CHARLOTTE, NC 28217-2407 2. The name(s) and last known address(es) of the Defendant(s) are: JANET SPENCER, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL 20 WATTS LANE CARLISLE, PA 17013 JOAN ANDERSON, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL R.D. 2 BOX 304 LANDISBURG, PA 17040 DON KOVACS, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL 379 WILSON STREET CARLISLE, PA 17013 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIl2MS OR ASSOCIATIONS CLAINIING RIGHT, TTI'LE OR INTEREST FROM OR UNDER BETTY JANE DEITZEL, DECEASED 38 SOUTH SIDE DRIVE NEWVILLE, PA 17241 who are the real owners of the property hereinafter described. On 04/08/85, mortgagor, BETTY JANE DEITZEL, made, executed and delivered a mortgage upon the premises hereinafter described to HILL FINANCIAL SAVINGS ASSOCI?,TION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 774, Page 600. By Assignment of Mortgage recorded 7/12/01, the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 679, Page 784. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/01 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. ;. 6. The following amounts are due on the mortgage: Principal Balance $22,003.81 Interest 694.95 03/01/01 through 07/01/01 (Per Diem $5.65) Attorney's Fees 1,000.00 Cumulative Late Charges 27.96 04/08/85 to 07/01/01 Cost of Suit and Title Seazch 554,pQ Subtotal $24,276.72 Escrow Credit 0.00 Deficit 365.43 Subtotal $3.65.43 TOTAL $24,642.15 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. Notice of Intention to Foreclose pursuant to Act 6 of 1974 is not required because the defendant(s) is/aze not a "Residential Mortgage Debtor" as defined by the Act. 9. This action does not come under Act 91 of 1983 because the mortgaged premises is not owner-occupied. 10. Mortgagor, BETTY JANE DETI'ZEL, died on 04/12/01, leaving a Will dated 07/21/97, wherein she appointed JANET SPENCER, JOAN ANDERSON, and DON KOVACS as her Co-Executors. Letters Testamentary were granted to them on 05/17/01 in Cumberland County, No. 21-01-485. Decedent's surviving heirs at law and next-of-ldn are UNKNOWN PARTIES. WHEREFORE, PLAIIVTIFF demands an in rem Judgment against the Defendant(s) in the sum of $24,642.15, together with interest from 07/01/01 at the rate of $5.65 per diem to the date of Judgment, and other costs and chazges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. ~~.-1~-- /c/ Frank Federman FRANK FEDERMAN, ESQUIltE Attorney for Plaintiff '_ VERIFICATION TAMMY JOHNSON hereby states that she is ASSISTANT VICE PRESIDENT of WELLS FARGO HOME MORTGAGE, INC. mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure aze true and correct to the best of her knowledge, infom~ation and belief The undersigned understands that this statement is rnade subject to the penalties of I S Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. -;~~4 DATE: ll~~l U .. . ALL that certain tract of kind situate i.n Penn T~wnshi~, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with Final Minor Subdivision for Gertrude C. Stone and Gloria 5. Ewing made by Stephen G. fisher, Profession:,l Land Surveyor, dated Sanuary 9, 1985 and recorded in the Currtberland County Recoraer of Deeds office in Plan Book y'7, Page S~ as follows: , BEGZNNING at a na:1 set in the center line of Township Road T-349, also known as Southside Drive; thence North 37 degrees 35 minutes 55 seconds west, along line of lands now or formerly of Albert L. Leo, a distance of 410.D7 feet to a bolt set at the corner of lands of the aforesaid Albert L. Leo; thence North 69 degrees 29 minutes 45 seconds East along =ame, a distance of 346.50 feet to an oak tree; thence North 89 degrees 58 minutes 16 seconds East along line of other lands of Grantors, a distance of 169.80 feet to a bolt set; thence south 19 degrees 30 minutes 43 seconds West, along same, a distance of 111.11 feet to an existing iron pin at corner of lands now or formerly of Michael L. Failor and Darlene L. Failor; thence North 87 degrees 2D minutes 30 seconds West, along line of lands of Michael L. Failor and Darlene L. Failor, a distance of 14.72 feet to a bolt set; thence South 05 degrees 23 minutes 25 seconds West, a distance of 77.91 feet to an iron pin; thence North 74 degrees 55 minutes 34 seconds East along same, a distance of 9,08 feet to a bolt set; thence South OS degrees 19 minutes 25 seconds West along same, a distance of 180.84 feet to a nail set in the center line of Township Road T-349, known as Southside Drive; thence South 63 degrees 40 minutes O1 second West along the center line of Township Road T-349, a distance oL' 197.30 feet to the Place of BEGZNNING. CONTAINING 2,9864 Acres and having thereon erected a dwelling house and other outbuildings. BEING all of Tracts Nos. 1, 2 and 3, and a portion of Tract No. 5 of ,he premises which Gertrude C. Stone and Richard C. Stone, her husband, by deed dated July 9, 1970 and recorded in the Cumberland County Recorder Of Deeds office in Deed Book "S", Vol. 23, page 67, granted and conveyed to Gertrude C. Stone and Gloria S. Ewing, as joint tenants with the tight of survivorship, Grantors herein. PREMISES: 38 SOUTH SIDE DRIVE .9~'afizml8 ,.._,,. Aa,[ar ?..._.n :;~.i.~ , e~.~..., w~,u 4 ,.>~ ,. „~ ..do z_ur ,u x,2:r~~'34 ~.SPrt~b&~b-%~ Ma '~_ V l ~} S~ y y~~ t ~ 0 ~1_. c ~ ^_ ~ ~ J C? ..J: J1 C - .__ !9J / ~ f ~ ~ ~. p ~ ~ '-? ~` R) ~' t,T} J '~ l 11 J FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHII.ADELPHIA, PA 19103 (~) 5~3-7nnn ATTORNEY FOR PLAIIVTIFF COURT OF COMMON PLEAS CNIL DIVISION WELLS FARGO HOME MORTGAGE, INC. 5024 PARKWAY PLAZA BOULEVARD BUII.DING 7/F/C CHARLOTTE, NC 28217-2407 Plaintiff v. JANET SPENCER, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL 20 WATTS LANE CARLISLE, PA 17013 JOAN ANDERSON, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DETTZEL R.D. 2 BOX 304 LANDISBURG, PA 17040 TERM NO. Ql-SSaS CUMBERLAND COUNTY TRUE COf~Y FROM RECORD m Testimony whereof, I!h~ere~u~mo set my ha~tc and the seal of said ~ a~-!I~ ~~'~ Ihi at ~ day prOtha;rto*'§4'Y DON KOVACS, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DETTZEL 379 WILSON STREET CARLISLE, PA 17013 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIl2NIS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER BETTY JANE DEITZEL, DECEASED 38 SOUTH SIDE DRNE NEWVILLE, PA 17241 Defendant(s) We hereby oertify the within to be a true and correct c®py of the origirlat filed of record FEDER~Af~ AND PHELAIv **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 REAFFHZIVIED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN 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 appeazance 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 maybe 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. i ~.: YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 4183425/KXM IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Y._.... _ u... ~ ~. Plaintiff is WELLS FARGO HOME MORTGAGE, INC. 5024 PARKWAY PLAZA BOULEVARD BUILDING 7/F/C CHARLOTTE, NC 28217-2407 2. The name(s) and last known address(es) of the Defendant(s) are: JANET SPENCER, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL 20 WATTS LANE CARLISLE, PA 17013 JOAN ANDERSON, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL R.D. 2 BOX 304 LANDISBURG, PA 17040 DON KOVACS, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL 379 WILSON STREET CARLISLE, PA 17013 UNKNOWN HEIItS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER BETTY JANE DEITZEL, DECEASED 38 SOUTH SIDE DRIVE NEWVILLE, PA 17241 who are the real owners of the property hereinafter described. 3. On 04/08/85, mortgagor, BETTY JANE DEITZEL, made, executed and delivered a mortgage upon the premises hereinafter described to HILL FINANCIAL SAVINGS ASSOCI?,TION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 774, Page 600. By Assignment of Mortgage recorded 7/12/01, the mortgage was assigned tc PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 679, Page 784. 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 04/01/01 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon defau]t in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance $22,003.81 Interest 694.95 03/01/01 through 07/01/01 (Per Diem $5.65) Attorney's Fees 1,000.00 Cumulative Late Charges 27.96 04/08/85 to 07/01/01 Cost of Suit and Title Search Sso nn Subtotal $24,276.72 Escrow Credit 0.00 Deficit 355_43 Subtotal $355-43 TOTAL $24,642.15 The attorney's fees set forth above aze 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 attomey's fees will be charged. 8. Notice of Intention to Foreclose pursuant to Act 6 of 1974 is not required because the defendant(s) is/are not a "Residential Mortgage Debtor" as defined by the Act. 9. This action does not come under Act 91 of 1983 because the mortgaged premises is not owner-occupied. 10. Mortgagor, BETTY JANE DETTZEL, died on 04/12/01, leaving a Will dated 07/21/97, wherein she appointed JANET SPENCER, JOAN ANDERSON, and DON KOVACS as her Co-Executors. Letters Testamentary were granted to them on 05/17/01 in Cumberland County, No. 21-01-485. Decedent's surviving heirs at law and next-of--kin are UNKNOWN PARTIES. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $24,642.15, together with interest from 07/01/01 at the rate of $5:65 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. ///c/ Frank Federman FRANK FEDERMAN, ESQUIItE Attorney for Plaintiff ~ ~~: VERIFICATION TA:~iMY JOHNSON hereby states that she is ASSISTANT VICE PRESIDENT oY' WELLS FARGO HOME MORTGAGE, INC. mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are tme and correct [o the best of her knowledge, information and belief The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. i'' f DATE: /~~~/~ I ALL that certain tract o` land si*_uate 3.n Penn Townshi^, Cumberland Cou.^.ty, Pennsylvania, more particularly bounded and described in accordance with Final Minor Subdivision for Gertrude C. Stone and Gloria 5. Ewing made by Stephen G. Fisher, Profession.,l Lard Surveyor, dated January 9, 1985 and recorded in the Cumberland County Recorder o` Deeds office in Plan Book 'f'7, Page S~ as follows: BEGINNING at a nail set in the center line of Township Road T-349, also known as Southside Drive; thence North 37 degrees 35 minutes SS seconds West, along line of lands now or formerly of Albert L. Leo, a distance of 410.07 feet to a bolt set at the°corner of lands o: the aforesaid Albert L. Leo; thence North 69 degrees 29 minutes 45 seconds East along same, a distance of 346.50 feet to an oak tree; thence North 89 degrees 58 minutes 16 seconds East along line of other lards of Grantors, a distance of 169.80 feet to a bolt set; thence South 19 degrees 30 minutes 43 seconds west, along same, a distance of 111.11 feet to an existing iron pin at corner o£ lands now or formerly of Michael L. Failor and Darle.^,e L. Failor; thence North 87 degrees 20 minutes 30 seconds West, along line o£ lanes of Michael L. Failor and Darlene L. Failor, a distant= of 14.72 feet to a bolt set; thence South 05 degrees 23 minutes 25 seconds West, a distance of 77.91 feet to an iron pin; hence North 74 degrees 55 minutes 34 seconds East along same, a distance of 9.08 feet to a bolt set;• thence South 05 degrees 19 minutes 25 seconds West along same, a distance of 180.84 feet to a nail set in the center line of Township Road T-349, known as Southside Drive; thence South 63 degrees 40 minutes O1 second West along the center line of Township Road T-349, a distance os 197.30 feet to the Place of BEGINNING. CONTAINING 2.9864 Acres and having thereon erected a dwelling house and other outbuildings. BEING a'_1 of Tracts Nos. 1, Z and 3, and a portion o: Tract No. 5 of the premises which Gertrude C. Stone and Richard C. Stone, her husband, by deed dated July 4, 1970 and recorded in the Cumberland County Recorder of Deeds office in Deed Book "S", Vol. 23, Page 67, granted and conveyed to Gertrude C. Stone and Gloria S. Ewing, as joint tenants with the right of survivorship, Grantors herein. PREMISES: 38 SOUTH SIDE DRIVE 3.mtm4-~~'~0m'?h~. .. 4 ,~~ ~ i •#xiH .mm ~._ -a~ -sit-~; .t zxs~P .~{"" "'~:fda +wi~WIW -, L~J ~/ 'i'i ll !' U ^a 'J f ~; A ~', `"~ i~~ #ftd ,i^ ~ ~~_ - ~.-. ~~~~ _ _ _ I " ,.wwac ;~. ......x„x... SHERIFF'S RETURN - OUT OF COUNTY CASE N0: 2001-05525 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO HOME MORTGAGE INC VS SPENCER JANET ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: ANDERSON JOAN but was unable to locate Her deputized the sheriff of PERRY in his bailiwick. He therefore serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On October 2nd 2001 this office was in receipt of the attached return from PERRY Sheriff's Docketing Out of Coy Surcharge Dep Perry Costs: 6.00 inty 9.00 10.00 Co 28.28 nr J J L V 10/02/2001 FEDERMAN & PHELAN Sworn and subscribed to before me this ~ day of ~, So answe R. `J~homas Aline Sheriff of Cumberl ay~~ A.D. C ~ ~,~., , Prothonotary County ~~- RnS SHERIFF'S RETURN - NOT FOUND A CASE NO: 2001-05525 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO HOME MORTGAGE INC VS SPENCER JANET ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT DEITZEL BETTY JANE ESTATE OR HEIRS OF but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND as to the within named DEFENDANT DEITZEL BETTY JANE ESTATE OR HEIRS OF , PROPERTY AT 38 SOUTHSIDE DRIVE, NEWVILLE IS VACANT. Sheriff's Costs: So answ Docketing 6.00 Service .00 Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 16.00 FEDERMAN & PHELAN 10/02/2001 Sworn and subscribed to before me this y ~ day of ,~'e~. /^~-~ A . D/.~ ~~~c~ ice` ~il~l.i ~ ~~ Pr t onotary ~~~._ ~. SHERIFF'S RETURN - REGULAR r yCASE NO: 2001-05525 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO HOME MORTGAGE INC VS SPENCER JANET 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 SPENCER JANET the DEFENDANT at 0902:00 HOURS, on the 27th day of September, 2001 at 20 WATTS LANE CARLISLE, PA 17013 by handing to JANET SPENCER 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 18.00 Service 3.25 Affidavit .00 Surcharge 10.00 .00 31.25 Sworn and Subscribed to before me this y ~ day of ~C,(~. , ,2d1'o 1 A. D . .,et ~- ~ i/~i_ thonotary ' So Ans/w~er~s .~7~'®ir.I~"C' R. Thomas Kline 10/02/2001 FEDERMAN & PHELAN ~~~ ~ Q By . ~_ QA~1 ~ V~~> Deputy Sheriff - ,~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-05525 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO HOME MORTGAGE INC VS SPENCER JANET ET AL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KOVACS DON the DEFENDANT at 1000:00 HOURS, on the 1st day of October 2001 at 379 WILSON STREET CARLISLE, PA 17013 by handing to RUTH KOVACS, 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 6.00 Service 3.25 Affidavit .00 Surcharge 10.00 .00 19.25 Sworn and Subscribed to before me this y ~" day of © .F~Ca-L.~.~ a2 A-t9 J A . D . P othonotary So Answers: f/~~ ~ ~~tar4 /' yN,ay "F R. Thomas Kline 10/02/2001 FEDERMAN & PHELAN By: D puty Sheriff ~~ Thy ~®a~~°t ~f ~a min i'l~as ®f ~u~ra~rianai ~®u;i~ty, P~n>~syiv~aiia Wells Fargo Home Mortgage, Inc. VS. Janet Spencer et al SERVE: Joan Anderson O1 5525 civil No. Now, September, 25, 2001 , I, SHERIFF OF CUMBERLAND COUN'T'Y, PA, do hereby deputize the Sheriff of Pe~'y County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~ Sheriff of Cumherland County, PA Affidavit ®f Service Now, September 28 , 20 07 , at 4: 7 5 o'clock P M. served the within Notice & Complaint upon Joan Anderson at Tyrone Township Perry County, PA by handing to Joan Anderson a True & Attested . and made known to Her the contents thereof. So answers, Carl~E~Nfa~cOe Deputy Sheriff of Perry County, PA COSTS SERVICE ts.oo $ MILEAt'sE . 9-r~A.,-~ AFFIDAVIT ~ nn $ 2s.2a Copy of the original Notice & Complaint Sworn and subscribed before nre this /5~- day of cad , 20 6L- FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (pis) 5~~-7nnn WELLS FARGO HOME MORTGAGE, INC. 5024 PARKWAY PLAZA BOULEVARD BUILDING 7/F/C CHARLOTTE, NC 28217-2407 Plaintiff v. JANET SPENCER, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL 20 WATTS LANE CARLISLE, PA 17013 JOAN ANDERSON, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL R.D. 2 BOX 304 LANDISBURG, PA 17040 DON KOVACS, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL 379 WII,SON STREET CARLISLE, PA 17013 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER BETTY JANE DEITZEL, DECEASED 38 SOUTH SIDE DRNE NEWVILLE, PA 17241 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNII. DNISION TERM NO.Q~-SS~j CUMBERLAND COUNTY We hereby certify fhe within to be a true and correct copy of the al'iya ial file; :~ of record FLCs~=Fl'd'#':h" ra~lT.~ PHEI.AN **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 aze warned that if you fail to do so the case may proceed without you and a judgment maybe entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 Loan #: 4183425/KXM IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is WELLS FARGO HOME MORTGAGE, INC. 5024 PARKWAY PLAZA BOULEVARD BUILDING 7/F/C CHARLOTTE, NC 28217-2407 The name(s) and last known address(es) of the Defendant(s) are: JANET SPENCER, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL 20 WATTS LANE CARLISLE, PA 17013 JOAN ANDERSON, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL R.D. 2 BOX 304 LANDISBURG, PA 17040 DON KOVACS, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL 379 WILSON STREET CARLISLE, PA 17013 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FII2NIS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER BETTY JANE DEITZEL, DECEASED 38 SOUTH SIDE DRIVE NEWVII,LE, PA 17241 who are the real owners of the property hereinafter described. 3. On 04/08/85, mortgagor, BETTY JANE DEITZEL, made, executed and delivered a mortgage upon the premises hereinafter described to HILL FINANCIAL SAVINGS ASSOCIATION which mortgage is recorded in the Office of the Recorder of CUMH3ERLAND County, in Mortgage Book No. 774, Page 600. By Assigmment of Mortgage recorded 7/12/01, the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 679, Page 784. 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 04/01/01 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. - - - ,mss,;. 6. The following amounts are due on the mortgage: Principal Balance $22,003.81 Interest 694.95 03/01/01 through 07/01/01 (Per Diem $5.65) Attorney's Fees 1,000.00 Cumulative Late Charges 27.96 04/08/85 to 07/01/01 Cost of Suit and Title Search 55n nn Subtotal $24,276.72 Escrow Credit 0.00 Deficit 355-43 Subtotal $3.65_43 TOTAL $24,642.15 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. Notice of Intention to Foreclose pursuant to Act 6 of 1974 is not required because the defendant(s) is/are not a "Residential Mortgage Debtor" as defined by the Act. 9. This action does not come under Act 91 of 1983 because the mortgaged premises is not owner-occupied. 10. Mortgagor, BETTY JANE DETTZEL, died on 04/12/01, leaving a Will dated 07/21/97, wherein she appointed JANET SPENCER, JOAN ANDERSON, and DON KOVACS as her Co-Executors. Letters Testamentary were granted to them on 05/17/01 in Cumberland County, No. 21-O1-485. Decedent's surviving heirs at law and next-of--kin are UNKNOWN PARTIES. WHEREFORE, PLAINTL~'F demands an in rem Judgment against the Defendant(s) in the sum of $24,642.15, together with interesx from 07/01/01 at the rate of $5.65 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the forec]osure and sale of the mortgaged property. /c/Frank Federman FRANK FEDERMAN, ESQUII2E Attorney for Plaintiff VERIFICATION TAMMY JOHNSON hereby states that she is ASSISTANT VICE PRESIDENT of WELLS FARGO HOME MORTGAGE, INC. mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements trade in the foregoing Civil Action in Mortgage Foreclosttre are true and correct to the best of her knowledge, information and belief The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. ~J ~~. DATE: / ~~ ~/ b ~ _ ~,~, ALL that certain tract of land situate i.n Penn Tawns;~i;, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with Final Minor Subdivision for Gertrude C. Stone and Gloria 5. Ewing made by Stephen G. Fisher, Professionr_1 Land Surveyor, dated January 9, 1985 and recorded in the Cumberland County Recorder of Deeds office in Pian Book ~/'~, Page $~ as follows: , BEGINNING at a na.1 set in the center line of Township Road T-349, also knoeun as Southside Drive; thence North 37 degrees 35 mi..^.utes SS seconds West, along line of lands now or formerly oz Albert L. Leo, a distance of 410.07 feet to a bolt set at the corner of lands o; the aforesaid Albert L. Leo; thence North 69 degrees 24 minutes 45 seconds East along <ame, a distance of 346.50 feet to an oak tree; thence North 89 degrees 58 minutes 16 seconds East along line o°_ other lands of Grantors, a distance cf 169.80 feet to a bolt set; thence South 19 degrees 30 minutes 43 seconds West, along same, a distance of 111.11 feet to an existing iron pin at corner o£ lands r,cw or formerly o£ Michael L. Failor and Darlene L. Failor; thence North 87 degrees 20 minutes 30 seconds West, along line of lands of Michael L. Failor and Darlene L. Failor, a distance o£ 14.72 feet to a bolt set; thence South 05 degrees 23 minutes 25 seeords West, a distance of 77.91 feet to an iron pin; thence North 74 degrees 55 minutes 34 seconds East along same, a distance of 9.08 feet to a bolt set; thence South DS degrees I9 minutes 25 seconds West along same, a distance of 180.84 feet to a nail set in the center line of Township Road T-349, known as Southside Drive; thence South 63 degrees 40 minutes O1 second West along the center line of Township Road T_-3A9, a distance of 197.30 feet to the Place of BEGINNING. CONTAINING 2.9864 Acres and having thereon erected a c'.welling house and other outbuildings. BEING all of Tracts Nos. 1, 2 and 3, and a portion of Tract No. 5 of ,he premises which Gertrude C. Stone and Richard C. Stone, her husband, by deed dated Suly 9, 1970 and recorded in the Cumberland County Recorder of Deeds office in Deed Book "S", Vol. 23, Page 67, granted and conveyed to Gertrude C. Stone and Gloria S. Ewing, as joint tenants with the right o£ survivorship, Grantors herein. PREMISES: 38 SOUTH SIDE DRIVE =-•~efls*9~ ~ ~~:~'n nm ~rrs~a3i..w_., ~.,. ..u:,,~~.,ry~a ~~~.m.u.~ a~~~sm¢~;p.~w;= - _ (~-=~d ~~u~~U U~ %" C C~ G~ ~r';~, ' ~ ,n c ~,~ ~3S fi:~ t1Ni u:, - :S:l~J ~31U!1S :;. _ .. _ . FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIItE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 j21S) sF~_~nnn ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVII. DNISION WELLS FARGO HOME MORTGAGE, INC. 5024 PARKWAY PLAZA BOULEVARD BUILDING 7/F/C CHARLOTTE, NC 28217-2407 ~. Plaintiff TERM NO. O 1- Ssa S JANET SPENCER, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL 20 WATTS LANE CARLISLE, PA 17013 JOAN ANDERSON, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL R.D. 2 BOX 304 LANDISBURG, PA 17040 DON KO VACS, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL 379 WII,SON STREET CARLISLE, PA 17013 UNKNOWN HEIItS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER BETTY JANE DEITZEL, DECEASED 38 SOUTH SIDE DRIVE NEWVILLE, PA 17241 Defendant(s) CUMBERLAND COUNTY TRUE COPY fROlri REOC~ft© m Testimony whereat, I here unOO set my haoa and the seal of said Carllsfe. Pa: Th ~~' y prOihOn ry We hereby certify the w'thin to be a true and correct copy of the original filed of record FEDERMAN AND PHELAN **THIS FIRM [S 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 [SNOT 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 c]aims 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 maybe entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCLATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 Loan #: 4183425/KXM IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. 1. Plaintiff is WELLS FARGO HOME MORTGAGE, INC. 5024 PARKWAY PLAZA BOULEVARD BUILDING 7/F/C CHARLOTTE, NC 28217-2407 2. The name(s) and last known address(es) of the Defendant(s) are: JANET SPENCER, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL 20 WATTS LANE CARLISLE, PA 17013 JOAN ANDERSON, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL R.D. 2 BOX 304 LANDISBURG, PA 17040 DON KOVACS, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL 379 WILSON STREET CARLISLE, PA 17013 UNKNOWN HEIItS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FII2NIS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER BETTY JANE DEITZEL, DECEASED 38 SOUTH SIDE DRIVE NEWVILLE, PA 17241 who are the real owners of the property hereinafer described. On 04/08/85, mortgagor, BETTY JANE DEITZEL, made, executed and delivered a mortgage upon the premises hereinafter described to HILL FINANCIAL SAVINGS ASSOCIATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 774, Page 600. By Assignment of Mortgage recorded 7/12/01, the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 679, Page 784. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/01 and each month thereafrer are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance $22,003.81 Interest 694.95 03/01/01 through 07/01/01 (Per Diem $5.65) Attorney's Fees 1,000.00 Cumulative Late Charges 27.96 04/08/85 to 07/01/01 Cost of Suit and Title Search S50 00 Subtotal $24,276.72 Escrow Credit 0.00 Deficit 355_43. Subtotal $3firi_43 TOTAL $24,642.15 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. Notice of Intention to Foreclose pursuant to Act 6 of 1974 is not required because the defendant(s) is/are not a "Residential Mortgage Debtor" as defined by the Act. 9. This action does not come under Act 91 of 1983 because the mortgaged premises is not owner-occupied. 10. Mortgagor, BETTY JANE DEITZEL, died on 04/12/01, leaving a Will dated 07/21/97, wherein she appointed JANET SPENCER, JOAN ANDERSON, and DON KOVACS as her Co-Executors. Letters Testamentary were granted to them on 05/17/01 in Cumberland County, No. 21-01-485. Decedent's surviving heirs at law and next-of--kin are UNKNOWN PARTIES. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $24,642.15, together with interest from 07/01/01 at the rate of $5.65 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. /e/ Frank Federman FRANK FEDERMAN, ESQUIItE Attorney for Plaintiff VERIFICATION TAMMY JOHNSON hereby states that she is ASSISTAtNT VICE PRESIDENT of WELLS FARGO HOME MORTGAGE, INC. mortgage servicing agent for Plaintiff in this [natter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure aze true and correct to the best of her knowledge, information and belief The undersigned understands that this statement is trade subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. --,-, DATE: l ~~ ~/ ~' I ALL that certain tract of land situate i.n Penn Townshi,^^., Cumberland County, Pennsylvania, more particularly bounded and described is accordance with Final Minor Subdivision for Gertrude C. Stone and Gloria s. Ewing made by Stephen G. Fisher, Professionrl Land Surveyor, dated January 9, 1985 and recorded in the Cumberland County Recorder o£ Deeds office in Plan Book ~'l, Page 8~ as follows: , BEGINNING at a na a set in the center line of Township Road T-349, also knocan as Southside Drive; thence North 37 degrees 35 minutes 55 seconds west, along line of lands now or formerly or Albert L. Leo, a distance of 420.07 feet to a bolt set at the corner of lands Of the aforesaid Albert L. Leo; thence North 69 degrees 24 minutes 45 seconds East along same, a distance of 346.50 feet to an oak tree; thence North 89 degrees 53 minutes 16 seconds East along line of other lands of Grantors, a distance of 169.80 feet to a bolt set; thence South 19 degrees 30 minutes 43 seconds West, along same, a distance of 111.11 feet to an existing iron pin at corner of lands r.ow or formerly of Michael L. Failor and Darlene L. Failor; thence North 87 degrees 20 minutes 30 seeords West, along line of lands of Michael L. Failor and Darlene L. Failor, a distance of 14.72 feet to a bolt set; thence South OS degrees 23 minutes 25 seconds West, a distance of 77.91 feet to an iron pin; thence North 74 degrees 55 minutes 34 seconds East along same, a distance o1, 9.08 feet to a bolt set; thence South OS degrees 19 minutes 25 seconds West along same, a distance of 180.84 feet to a rail set in the center line of Township Road T-349, known as Southside Drive; thence South 63 degrees 40 minutes O1 second West along the center Iine of Township Read ?'^349, a distance or 197,30 feet to the Place of BEGINNING. CONTAINING 2.9864 Acres and having thereon erected a dwelling house and other outbuildings. BEING all of Tracts Nos. 1, 2 and 3, and a gortion of Tract No. 5 of the premises which Gertrude C. Stone and Richard C. Stone, her husband, by deed dated July 9, 1970 and recorded in the Cumberland County Recorder of Deeds office in Deed Book "S", Vol. 23, Page 67, granted and conveyed to Gertrude C. Stone and Gloria S. Ewing, as joint tenants with the right of survivorship, Grantors herein. PREMISES: 38 SOUTH SIDE DRIVE ,~~ . ~~ ;~ ,i.i,Fdi ,. '~' ~ des, ddflt.? ~E. '~+t~ ~~`a,9h FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIItE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION WELLS FARGO HOME MORTGAGE, INC. 5024 PARKWAY PLAZA BOULEVARD BUILDING 7/F/C CHARLOTTE, NC 28217-2407 v. Plaintiff TERM No. D l - SSa~ JANET SPF,NCER, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL 20 WATTS LANE CARLISLE, PA 17013 JOAN ANDERSON, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL R.D. 2 BOX 304 LANDISBURG. PA 17040 DON KOVACS, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL 379 WILSON STREET CARLISLE, PA 17013 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER BETTY JANE DEITZEL, DECEASED 38 SOUTH SIDE DRNE NEWVILLE, PA 17241 Defendant(s) CUMBERLAND COUNTY We hereby certify the within to be a true and correct copy of the origins! filed of record FEDERMAN AND pHELAN TRUE COPY ~'A®AA RECOR® In Testimony e~nereot, I here uI-td 8~ nIy Elanc end the sear of said Court a CarUSfe. Pa. rhis_ y~^ ay ,,~r~'I2 ~rathanrna~ ' **T$IS 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 BEAN 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 maybe entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 Loan #: 4183425/KJCM _ _ IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS YN THIS SUIT. Plaintiff is WELLS FARGO HOME MORTGAGE, INC. 5024 PARKWAY PLAZA BOULEVARD BUILDING 7/F/C CHARLOTTE, NC 28217-2407 2. The name(s) and last known address(es) of the Defendant(s) are: JANET SPENCER, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL 20 WATTS LANE CARLISLE, PA 17013 JOAN ANDERSON, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL R.D. 2 BOX 304 LANDISBURG, PA 17040 DON KOVACS, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL 379 WILSON STREET CARLISLE, PA 17013 UNKNOWN HEIItS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER BETTY JANE DEITZEL, DECEASED 38 SOUTH SIDE DRIVE NEWVILLE, PA 17241 who are the real owners of the property hereinafter described. 3. On 04/08/85, mortgagor, BETTY JANE DEITZEL, made, executed and delivered a mortgage upon the premises hereinafter described to HILL FINANCIAL SAVINGS ASSOCI?,TION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 774, Page 600. By Assignment of Mortgage recorded 7/12/01, the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 679, Page 784. 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 04/01/01 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance $22,003.81 Interest 694.95 03/01/01 through 07/01/01 (Per Diem $5.65) Attomey's Fees 1,000.00 Cumulative Late Charges 27.96 04/08/85 to 07/01/01 Cost of Suit and Title Search SSn nn Subtotal $24,276.72 Escrow Credit 0.00 Deficit 3(,5 4'i Subtotal $3fi5 43 TOTAL $24,642.15 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. Notice of Intention to Foreclose pursuant to Act 6 of 1974 is not required because the defendant(s) is/are not a "Residential Mortgage Debtor" as defined by the Act. 9. This action does not come under Act 91 of 1983 because the mortgaged premises is not owner-occupied. 10. Mortgagor, BETTY JANE DEITZEL, died on 04/12/01, leaving a Will dated 07/21/97, wherein she appointed JANET SPENCER, JOAN ANDERSON, and DON KOVACS as her Co-Executors. Letters Testamentary were granted to them on 05/17/01 in Cumberland County, No. 21-01-485. Decedent's surviving heirs at law and next-of-kin are UNKNOWN PARTIES. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $24,642.15, together with interest from 07/01/01 at the rate of $5.65 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. /c/ Frank Federman FRANK FEDERMAN, ESQUIItE Attorney for Plaintiff VERIFICATION TAMMY JOHNSON hereby states that she is ASSISTANT VICE PRESIDENT oY' WELLS FARGO HOME MORTGAGE, INC. mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. :,~- DATE: /~~ ~/ U I ALL that certain tract of land situate i.n Penn Township, Cumberland County, Pennsylvania, more particularly bounded and described in accord do Ce with Flna1 Minor $ubdiV151on for Gertrude C. Stone and Gloria 5. Ewing made by Stephen G. Fisher, Profession=l Land Scrveyor, dated January 9, 1985 and recorded in the Cumberland County Recorder of Deeds office in Plan Book 'f'l, Page 8~ as follows: BEGINNING at a natl set in the center line of Township Road T-349, also knoedn as Southside Drive; thence North 37 degrees 35 minutes 55 seconds West, along line of lands now or formerly of Albert L. Leo, a distance of 410°07 feet to a bolt set at the corner of lands of the aforesaid Albert L. Leo; thence North 69 degrees 24 minutes 45 seconds East along =ame, a distance of 346.50 feet to an oak tree; thence North 89 degrees 58 minutes 16 seconds East along line of other lards of Grantors, a distance of 169.80 feet to a bolt set; thence South 19 degrees 30 minutes 43 seconds West, along same, a distance of Ill.ll feet to an existing iron pin at corner o£ lands row or formerly of Michael L. Failor and Darlene L. Failor; the..^,ce North 87 degrees 20 minutes 30 seconds West, along line of lands of Michael L. Failor and Darlene L. Failor, a distance of 14.72 feet to a bolt set; thence South 05 degrees 23 minutes 25 seconds West, a distance of 77.91 feet to an iron pin; thence North 74 degrees 55 ~;.inutes 34 seconds East along same, a distance of 9.08 feet to a bolt set; thence South OS degrees 19 minutes 25 seconds West along same, a distance of 180.84 feet to a nail set in the center line of Township Road T-349, known as Southside Drive; thence South 63 degrees 40 minutes O1 second West along the center Iine of Township Rcad T-349, a distance of 197,30 feet to the Place of BEGINNING. CONTAINING 2.9864 Acres and having thereon erected a c'.welling house and other outbuildings. BEING all of Tracts Nos. 1, 2 and 3, and a portion of Tract No. 5 of ,he premises which Gertrude C. Stone and Richard C. Stave, her husband, by deed dated July 9, 1970 and recorded in the Cumberland County Recorder of Deeds office in Deed Book "S", Vol. Z3, Page 67, granted and conveyed to Gertrude C. Stone and Gloria 5. Ewing, as joint tenants with the right of survivorship, Grantors herein. PREMISES: 38 SOUTH SIDE DRIVE C~ .~ u ~~ ~J -a~ ~a ~~z„ nzr;~:: n ~- WELLS FARGO HOME IN THE COURT OF COMMON PLEAS OF MORTGAGE, INC., CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW JANET SPENCER, CO- EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL JOAN ANDERSON, CO- EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL DON KOVACS, CO- EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER BETTY JANE DEITZEL, DECEASED NO.O1-5525 CIVIL TERM ORDER OF COURT AND NOW, this 17~' day of December, 2001, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby: ORDERED that Plaintiff may obtain service of the Complaint on UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER -~ u i~~r'1~1C VI'~~~C, ~.~j 7i; ~u ~ i. „q_1 ~" r' BETTY JANE DEITZEL, DECEASED, by mailing a true and correct copy of the complaint by Certified mail and Regular mail, by posting the mortgage premises at 38 South Side Drive, Newville, Pennsylvania, 17241, and by publication once in the Cumberland Law Journal and in a newspaper of general circulation in Cumberland County, Pennsylvania. SERVICE of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiff's attorney, who will file with the Prothonotary's Office an Affidavit of Service. BY THE COURT, Francis S. Hallinan, Esq. Federman and Phelan One Penn Center at Surburban Station Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff r~ Janet Spencer l-.1 z•~S•Q ~ g 20 Watts Lane Carlisle, PA 17013 Unknown Heirs, Successors, Assigns and all Persons, Firms or Associations claiming right title or interest from or under Betty Jane Deitzel, Deceased 38 South Side Drive Newvllle, PA 17241 Joan Anderson R.D. 2, Box 304 Landisburg, PA 17040 Don Kovacs 379 Wilson Street Carlisle, PA 17013 :rc nE~ ~ o zao~ ~, FEDERMAN AND PHELAN BY: FRANCIS 5. HALLINAN, Esquire ATTORNEY LD. #62695 One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103-1814 (215)Sb3-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION WELLS FARGO HOME MORTGAGE, INC. v. JANET SPENCER, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL NO.Ol-5525 CUMBERLAND COiJN"I'Y JOAN ANDERSON, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL DON KOVACS, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL UNKNOWN HE1RS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER BETTY JANE DEITZEL, DECEASED ORDER AND NOW, this day of , 2001, upon considerafion of Plaintiffls Motion for Service Pursuant to Special Order of court, it is hereby; ORDERED that Plaintiff may obtain service of the Complaint on UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER BETTY JANE DEITZEL, DECEASED by mailing a true and correct copy of the complaint by Certified mail and Regular mail and by posting the mortgaged premises at 38 SOUTH SIDE DRIVE, NEW MLLE, PA 17241. Service of the aforemenfioned mailings is effective upon the date of mailing and is to be done by Plaintiff s attorney, who will file with the Prothonotary's Office an Affidavit of Service. BY THE COURT: J. ~~. a FEDERMAN AND PHELAN BY: FRANCIS S. HALLINAN, Esquire ATTORNEY LD. #62695 One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103-1814 (215)563-7000 WELLS FARGO HOME MORTGAGE, INC. v. JANET SPENCER, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL JOAN ANDERSON,CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL DON KOVACS, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAINIING RIGHT, TITLE OR INTEREST FROM OR UNDER BETTY JANE DEITZEL, DECEASED ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO.Ol-5525 CUMBERLAND COUNTY MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, WELLS FARCrO HOME MORTGAGE, INC., by its counsel, Francis S. Hallinan, Esquire, respectfully requests that this Honorable Court enter an ORDER granting Plaintiffs Motion for Service Pursuant to Special Order of Court in the above captioned matter and in support thereof avers the following: 1. On 04/08/85, BETTY JANE DEITZEL, made, executed and delivered a Mortgage upon premises known as 38 SOUTH SIDE DRIVE, NEWVILLE, PA 17241 which mortgage was subsequently assigned to Plaintiff. J 2. Mortgagor, BETTY JANE DEITZEL, died on 04/12/01. Attached hereto, made a part hereof, and marked as Exhibit "A" is a true and correct copy of the Estate Documents verifying the date of death for the deceased mortgagor. 3. On 09/24/01, Plaintiff filed an Action in Mortgage Foreclosure naming as defendants, JANET SPENCER, JOAN ANDERSON, and DON KOVACS, CO-EXECUTORS OF THE ESTATE OF BETTY JANE DEITZEL, as well as, the UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER BETTY JANE DEITZEL, DECEASED. Attached hereto, made a part hereof, and marked as Exhibit "B" is a true and correct copy of the Complaint in Mortgage Foreclosure. 4. On 07/26/01, Plaintiff contacted the Cumberland County Register of Wills was informed that an estate has been raised for BETTY JANE DEITZEL, No. 21-01-485. Attached hereto, made a part hereof, and marked as Exhibit "A" is a true and correct copy of the Estate Documents. 5. JANET SPENCER, JOAN ANDERSON, and DON KOVACS were appointed Co- Executors of the Estate. It is not clear as to whom the devisees of the Estate are. Any parties who may have an ownership interest in the mortgaged premises are uncleaz to Plaintiff. Attached hereto, made a part hereof, and mazked as Exhibit "A" is a true and correct copy of the Estate Documents. 6. On 08!15/Ol, Plaintiff contacted CAROL J. LINDSAY, ATTORNEY FOR THE ESTATE OF BETTY JANE DEITZEL to confirm who the devisees of the estate aze. 7. CAROL J. LINDSAY refused to release Estate information to the Plaintiff. 8. In order to convey clear and marketable title after a foreclosure sale, title companies customarily require the foreclosing mortgagee name as a defendant the unknown heirs, successors, assigns and all persons, firms or associations claiming right, title or interest from or under the decedent mortgagor. 9. It deserves special mention that Plaintiff's action is merely seeking a judgmentin rem in order to divest all claims against the mortgaged premises. 10. Because there may be parties with an interest in the mortgaged premises who Plaintiff does not know of, Plaintiff must effectuate service through Special Order of Court. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint by Regular Mail, Certified Mail and by posting the premises. Francis S. Hal inaz Esquire ATTORNEY FOR PLAINTIFF FEDERMAN AND PHELAN BY: FRANCIS S. HALLINAN, Esquire ATTORNEY LD. #62695 One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103-1814 (215)563-7000 WELLS FARGO HOME MORTGAGE, INC. v. JANET SPENCER, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL JOAN ANDERSON, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL DON KOVACS, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIItM5 OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER BETTY JANE DEITZEL, DECEASED ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO.O1-5525 CUMBERLAND COUNTY MEMORANDUM OF LAW According to Pa.R.Civ.P. 430(a), a plaintiff may petition the cotut to provide an alternative to personal service if the plaintiff cannot serve a party personally. The rule requires the affidavit presented in support of the motion for alternative service to state "the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why personal service cannot be made." Pa.R.Civ.P. 430 (a). The purpose of this procedure is to provide proof that a good faith effort has been made to effect service under normal methods. Only after such proof has been offered is the Court authorized to direct another method of substitute service. Deer Park Lumber, Inc. v. Malor, 384 Pa.Super. 625,559 A.2d 941, 944 (1988), appeal denied, 525 Pa. 582, 575 A.2d 113 (1990). Plaintiff has attached to its Motion hereto, made a part hereof and marked as Exhibit "A' is a true and correct copy of the Estate Documents for BETTY JANE DEITZEL. A deceased mortgagor need not be named as a parry in a foreclosure action. Federal Land Bank of Baltimore v. King, 294 Pa.86, 143 A. 500 (1928). The personal representative, heir or devisee of a deceased mortgagor, if known, (unless released from liability) must be named as a defendant in a mortgage foreclosure action. Moyer v. Diehl, 130 Pa.Super. 115, 196 A. 575 (1938). In the instant action, Plaintiff has appropriately named the unlaiown heirs, successors, assigns and all persons, firms, and associations claiming right title or interest from or under the decedent mortgagor as a defendant in order to convey clear and marketable title after a foreclosure sheriff's sale. Title companies customarily require foreclosing mortgagees to name the unlrnown parties in order to assure that any potential party with an interest in the mortgaged premises has an opportunity to defend the foreclosure. It deserves special mention that Plaintiff is merely seeking an in rem judgment to recover the mortgaged premises and is not pursuing the defendant(s) personally in this action. Francis S. Hallinan, squire ATTORNEY FOR PLAINTIFF VERIFICATION Francis S. Hallman, Esaluire, hereby states that she is the Attorney for the Plaintiff in this action, that she is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE OF THE COMPLAINT IN MORTGAGE FORECLOSURE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of her knowledge, information, and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. Date: ~ ~ `U~ Francis S. Hallman, Esquire Attorney for Plaintiff EXHIBIT "A" PETITION FOR PROBATE and GRANT OF LETTERS Estate of BET1S' JANE DEIT2EL also known as Socra/ Security rVo. ~~b~b-7T¢tf No. ~ I - O l - Y 8S~ To: Register of Wills for the County of CUMEII2IAAID in the Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who islare t8 years of age or older an the execut ors named in the last will of the above decedent, dated July 21 , 19 97 and codicil(s) dated (state relevant cirntmstances, e.g. renunciation, death of executor, etc.) at Decenden[ was domiciled at death in ~ County, Pennsylvania, with h ER last family or principal residence at 38 Southside Drive, Newvllle, Pennsylvania (list street, number and muncipality) Decendeni, then 64 years of age, died April 12, 2001 19 , Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent; n/a Decenden[ at death owned property with estimated values as (allows: (If domiciled in Pa.) All personal property $ 5,000.00 (If not domiciled in Pa.) Personal property in Pennsylvania $ (lf not domiciled in Pa.) Personal property in County $ Value of real estate in Pennsylvania g 5r, simared as follows: 38 Southside Drive, Newville, Gtm~berland County, ; Marti snn, 4Qi srnnsi n WI-iEREFORE, petitioner(s) respectfully request(s) the probate of the last wit{and codicil(s) Presented herewith and the grant of letters__~~~~Y (testamentary: administration c. t.a.; administration d.b.n.c.t.a.) [heron. °'_ ~- ~, ~, ~~ ~~~ Janet er ~ ~ ~(1 t~TaS-its Tane ('ar1 i ~l tom, PA i ~ `.(.2fir(~ ~ Joan Anderson R. D. 2, lax 304, Latxlisburg, PA Dnn Kovacs 379 Wilson Street, Carlisle, PA OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA COli NTY OF curlsERLnrm } JS The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are true and correct to the best of the knowledge and belief of petitioner(s) and that as personal represen- tative(s) of the above decedent petitioner(s) will well an truly administer the estate according to law. Sworn to or affirmed and subscribed ' ~u~` y before me this /J~' day of one cer c ~- Dart n egister ,~ ~ y n-... u.,.,>,.-~ Deceased. L _...~.. L.. _..... . I ve». Estate of $~ JAr~ D~T2~ ,Deceased DECREE OF PROBATE AND GRANT OF LETTERS NO. 21-01-485 AND NOW MAY 17, ~ 2001 in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated Jt11Y 21, 1997 described therein be admitted to probate and filed of record as the last will of BEPi'Y JANE DEITZEL and Letters 'Ihstamantarv aze hereby granted to .TANFT .S'PFTY'F'R, ,THAN ANI)F'R^~N .f. f]nN TL(A711(`C .~~ Rester of Wills FEES Probate, Letters, Etc.......... $ 60.00 Short Certificates(5) .......... $ 15.00 t`~~~i~ EXTRA _ PGS , 4, , , $ 12.00 JCP $ 5.00 TOTAL , $ 92.00 Filed .MAY ,17,, 2001 ................... . Carol J. Li.ndsay,. Psq. 44693 ATTORNEY (Sup. C;. LD. No.) 26 NTest High Street, Carlisle, PA 17013 ADDRESS (917) 243-6222 PHONE 1;.. r "_, (~ !t9; r~, Wv4.u the testa[ ,sign the same and that \ request of testae in h_ presence an other subscribing witness(es)). Sworn to or affirmed and subscribed before me this :day of x'19 Register i 21-01-485 signed as a witness at the presence of each other) (in the presence of the (Name) (Name) (Address) RESISTER OF WILLS OF c~,~~TA~ COUNTY "A?'I? OF NON-SLTBSCRII3ING WITNESS JOSEPH D. BIJCKLEY, ESQUIRE (each) a subscriber hereto, (each) being duly qualified according to taw, depose(s) and say(s) that ~ as familiaz with the signature of ~T~' J. DETT~ codicil testa rt ix of (one of the subscribing witnesses to) the will presented herewitlr~ and codicil - that ~ believes the signature on the will is in the handwriting of BETPY J. DEITZEL to the best of his knowledge and Sworn to or affirmed and subscribed before ~'~~`/~~" ~" "' 4~/"`~'t""'~ `~ I - me this _ ~~ a- day of h D' me) / 1237 Hollv Pike, Carlisle, PA 17013_ ~.s C~ uca ,OL+ ~ Q •71~.:~~,toq, - . _ ~;. /Address) Register (Name) (Address) (each) a subscribing witness to the "dill presented herewith, (each) being duly qualified according to law, depose(s) and say(s) that present and saw ,~. 21-01-485 REGISTER OF WILLS OF C'rmtn~iz~rm COUNTY Ot~TH OF SUBSCRIBING WITNESS JOAN W. ANDERSON , codicil (each) a subscribing witness to the will presented herewith law, depose(s) and say(s) [hat she was BEIR'Y J. DEITZEL (each) being duly qualified according to present and saw the testa[ rix ,sign [he same and that she signed as a witness at the request of testa[ rix in h~~ presence and (in the presence of each other) (in the presence of the other subscribing witness(es)). gwer~ or affirmed and subscribed before me this /,' ~ day of Register l 7 ~L ~ ~b ~L'f~~%7iV~C/ s~ ~ v~>an W. Anderso~ame) R. D. 2, ]3ox 304, Iandisbrirg, PA 17040 (Address) (Name) (Address) REGISTER OF WILLS OF OATH OF NON-SUBSCRIBING (each) a subscriber~ereto testa[ of (one of that to the best of Sworn to or affirmed 4r(d me [his / ,Knowledge and subscribed before day of 19 Register (each) being duly qualifi according to law, depose(s) and say(s) that familiar with a stgnature of , i~ codicil witnesses to) the will presented herewith and codicil believes [he signature on the will is in the handwriting of !Name) (Address) (Name) (Address) ,~.. ~ d,.~. _ _ , i ~ ~.~_ _.._. v ~~'C.F ~~ ~„ `~ ~ v ~I -nr,'~ mss- - --- ~~. - ~. -- ---- ~.~ _ - - --~ -- ~- ~ _ tee- ~z..T ,~ _-- -- -- - `°`~ g --- e A i .. _ .~ r~ r' a ~ n > i~ . ~._ _..yr~n/___~- .. _.__.~J~L~t ~~ ~o,~ ~ pp~ ~no.~. ----- //~~ n {{~~ ~/ 7-' -~nl~---y~q-.~,..-+..~~~.--sGEb._+~'--ate"/..,~__ __ .. p .~--~ _ ---- ---- ------ .__ EXHIBIT "B" ~. ~: FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIItE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (?is~ Sfi~anno ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNII. DNISION WELLS FARGO HOME MORTGAGE, INC. 5024 PARKWAY PLAZA BOULEVARD BUILDING 7/F/C CHARLOTTE, NC 28217-2407 Plaintiff v. JANET SPENCER, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL 20 WATTS LANE CARLISLE, PA 17013 TERM NO. CUMBERLAND COUNTY JOAN ANDERSON, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL R.D. 2 BOX 304 LANDISBURG, PA 17040 DON KOVACS, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL 379 WILSON STREET CARLISLE, PA 17013 W®hereby certify the within to be a true and r:~rd: got copy of the K;l'i #i''tEI+. kited of f6COrd ~~~fiMA~9 At+tiD PHEt.d~M UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER BETTY JANE DEITZEL, DECEASED 38 SOUTH SIDE DRNE NEWVILLE, PA 1724I Defendant(s) **TH[S FIRM IS A DEBT COLLECTOR ATTEhIPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED W[LL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECE[VED A DISCHARGE [N BANKRUPTCY-AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN 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 maybe 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. ~. _. ,. _ _ ~a~K ' ,YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT • HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan q: 4183425/KXM ''~ IF THIS IS THE FIRST NOTICE THAT YOU .~ HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. r .~ Plaintiff is WELLS FARGO HOME MORTGAGE, INC. 5024 PARKWAY PLAZA BOULEVARD BUILDING 7/F/C CHARLOTTE, NC 28217-2407 The name(s) and last known address(es) of the Defendant(s) are: JANET SPENCER, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL 20 WATTS LANE CARLISLE, PA 17013 JOAN ANDERSON, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL R.D. 2 BOX 304 LANDISBURG. PA 17040 DON KOVACS, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL 379 WILSON STREET CARLISLE, PA 17013 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIltMS OR ASSOCIATIONS CLAIMING RIGHT, TTTLE OR INTEREST FROM OR UNDER BETTY JANE DEITZEL, DECEASED 38 SOUTH SIDE DRIVE NEWVILLE, PA 17241 who are the real owners of the property hereinafter described. On 04/08/85, mortgagor, BETTY JANE DEITZEL, made, executed and delivered a mortgage upon the premises hereinafter described to HII.L FINANCIAL SAVINGS ASSOCIATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 774, Page 600. By Assignment of Mortgage recorded 7/12/01, the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 679, Page 784. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/01 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. ~ ~( 6. The following amounts are due on the mortgage: Principal Balance $22,003.81 Interest 694.95 03/01/01 through 07/01/01 (Per Diem $5.65) Attomey's Fees 1,000.00 Cumulative Late Charges 27.96 04/08/85 to 07/01/01 Cost of Suit and Title Search Sao nn Subtotal $24,276.72 Escrow Credit 0.00 Deficit 3.65_43. Subtotal $3.55 43 TOTAL $24,642. I S The attorney's fees set forth above are inconformity with the Ivfortgage 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. Notice of Intention to Foreclose pursuant to Act 6 of 1974 is not required because the defendant(s) is/are not a "Residential Mortgage Debtor" as defined by the Act. 9. This action does not come under Act 91 of 1983 because the mortgaged premises is not owner-occupied. 10. Mortgagor, BETTY JANE DEITZEL, died on 04/12/01, leaving a Will dated 07/21/97, wherein she appointed JANET SPENCER, JOAN ANDERSON, and DON KOVACS as her Co-Executors. Letters Testamentary were granted to them on 05/17/01 in Cumberland County, No. 21-01-485. Decedent's surviving heirs at law and next-of--kin are UNKNOWN PARTIES. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $24,642.15, together with interest from 07/01/01 at the rate of $5.65 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. /e/ Frank Fedrrman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff i ~ ~ ~~ . VERIFICATION T.-t„~I~1Y' JOHtiSON hereby statzs that she is ASSIST.~.~IT VICE PRESIDE~iT of WELLS FARGO HOME MORTGAGE. Iii iC. mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements tnade in the foreeoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief The undersigned understands that this statement is made subject to the penalties of 13 Pa. C.S. Sec. d904 relating to tuvsworn falsification to authorities. ~~ ~~ DATE: l /~ ~~G l ~~ ?LL t_:at certain tract o` =and situate in Per.n Towns`~i:, Cumberland County, Penr.sylvar.ia, more particu'_arly bccrded and described in accordance with Fi.^,a1 Minor Su~d'_vi5ion `or Gertrude C. Stone ar.c Gloria S. Ewing made by Ste?hen G. risF.er, Profession:a Lard Scrveyor, dated January 9, 1985 and recorded in the Cumberland County Recorder o= Deeds o`_`ice in Plan Boo:< U'f, Page $~ as follows: GEGIN:IING at a na_1 set in to center line of Towns: in Road T-349, also knocda as Southside Drive; t::ence North 37 decrees 35 miaut_s 55 seconds West, along line of Lands now or formerly o£ Albert L. Leo, a distance of 410.07 feet to a bolt set at the corner of lands o` the aforesaid Albert L. Leo; thence North 69 degrees 24 minutes 45 seconds East along eame, a distance of 346.50 feet to as aak tree; t!~e.^.ce North 89 degrees Sd minutes 16 seconds East along line o° other lards of Grantors, a distance c' 169.80 feet to a bol*_ set; thence South 19 degrees 30 minutes 43 seconds Wes*_, aler.q same, a distance of 1lL 11 feet to an existing iron pir. at corner o£ lands r.cw or forr,:erly of Michael L. Failor and Darlene L. Failor; thence North 87 degrees 20 minutes 30 seeor,ds West, along line of lands of Michael L. Failor ar.d Darlene L. ?ai'_or, a distance o_` 14.72 feet to a bolt set; the..^.ce South 05 degrees 23 minutes 2; secer.ds west, a distance of 77.91 £eet to an iron pin; thence North 74 degrees 55 minutes 34 seconds East along same, a distance o1 9,08 feet to a bolt set; thence South OS degrees 13 minutes 25 seconds West along same, a distance of 190.84 feet to a rail set in the center line of Township Road T_-349, known as Southside Drive; thence South 63 degrees 40 minutes D1 second West along the center line o£ Township Read '?'-349, a distance o. 197,30 feet to the Place of BEGINNING. CONTAINING 2.9864 Acres and having thereon erected a c'.wellinq house and other outbuildings. BEING all of Tracts Nos• 1, 2 and 3, and a portian o£ Trac' No. 5 of the premises which Gertrude C. Store and :tichard C. Stone, her husband, by deed dated July 9, 1970 and recorded is the Cumberland County Recorder of Deeds office in Deed Book "S", Vol. Z3, page 67, granted and conveyed to Gertrude C. Store and Gloria S. Ewing, as joint tenants with the right of survivorship, Grantors herein. PREMISES: 38 SOUTH SIDE DRIVE •: FEDERMAN AND PHELAN BY: FRANCIS S. HALLINAN, Esquire ATTORNEY LD. #62695 One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103-1814 (215)563-7000 WELLS FARGO HOME MORTGAGE, INC. v. JANET SPENCER, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL JOAN ANDERSON, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL DON KOVACS, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER BETTY JANE DEITZEL, DECEASED ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO.O1-5525 CUMBERLAND COUNTY CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Plaintiffs Motion for Special Service was served by regular mail on Defendant (s) on the date listed below: JANET SPENCER, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL 20 WATTS LANE CARLISLE, PA 17013 JOAN ANDERSON, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL R.D. 2 BOX 304 LANDISBURG, PA 17040 DON KOVACS, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL 379 WILSON STREET CARLISLE, PA 17013 ._ _. ~ _ ' ~ A Y UNKNOWN HEHZS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER BETTY JANE DEITZEL, DECEASED 38 SOUTH SIDE DRIVE NEWVILLE, PA 17241 CAROL J. LINDSAY, ATTORNEY FOR THE ESTATE OF BETTY JANE DEITZEL 26 WEST HIGH STREET CARLISLE, PA 17013 f~`~ (~ ~ S`Hallinan, Es ire Date Attorney for Plaintiff F~~3~*~d~3~+~aess~,~~~x.f.~~.~W,x ~,~.. ..:. .~~+rt ,_ x~e :..aa kka:c~,al~;al~e+~rcrcea~ '~a~em. ~Eg. f ~ C: "__ -; -~ _ __ =~ _ _ _ 7 _ t: -'t ~:: i'~ .., : ~ 7 :.? -' `_' -G /T~ ~`' FEDERMAN AND PHELAN By: Frank Federman, Esquire Atty. I.D. 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. Plaintiff Court of Common Pleas CUMBERLAND County vs. No. 01-5525 JANET SPENCER, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL JOAN ANDERSON, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL DON KOVACS, CO -EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER BETTY JANE DEITZEL, DECEASED Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT WITHOUT PRETUDICE , AND SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this matter settled, discontinued and ended, upon payment of your costs only. Date Frank Federman Attorney for Plaintiff n ~ .~ c -- -~, ~ _~ -b~ ~ - ~~ ~ A,~' ~~ ~ 'r', --,. ~- T ~t ~C ~ ~ ~ ~