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HomeMy WebLinkAbout01-05834 SHERIFF'S RETURN - REGULAR .. CA'E~ NO: 2001-05834 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO HOME MORTGAGE INC VS THOMPSON MICHAEL S ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon THOMPSON MICHAEL S the DEFENDANT , at 1231:00 HOURS, on the 17th day of October ,2001 at 160 JUMPER ROAD NEWBURG, PA 17240 by handing to DEE ANN WEIGLE THOMPSON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 12.35 .00 10.00 .00 40.35 So Answers: .~~~.,<~ R. Thomas Kline 10/18/2001 FEDERMAN & PHELAN Sworn and Subscribed to before By: fi~~~ Deputy Sherlff me this 3JM- day of 0~ .1-ero I A.D. ~<- (1, )u.U~'L)~ P othonotary , -;+~J." 1[." ~~.",.~ ~~~ . - -. - ~~ -rr'~"-~ I,...-'.r_~ SHERIFF'S RETURN - REGULAR , CASE NO: 2001-05834 P \. COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO HOME MORTGAGE INC VS THOMPSON MICHAEL S ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WEIGLE DEE ANN the DEFENDANT , at 1231:00 HOURS, on the 17th day of October ,2001 at 160 JUMPER ROAD NEWBURG, PA 17240 by handing to DEE ANN WEIGLE THOMPSON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: r-~~i<~ R. Thomas Kline 10/18/2001 FEDERMAN & PHELAN Sworn and Subscribed to before By: c~ ~70 ' Deputy Slier ff ~ me this s)..J- day of (j)~. ;;260( A.D. ~ ~t.... Q n",pi;.~J~ r thonotary .'.{O!'-f'Ip>i;1F -, ~ ~""":' - - ,. ~, ," il-~I _.,~"""""'" : "<:<l1ii.1iIl\~~":.., ~ . ,. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO HOME MORTGAGE, INC. FfKJA NORWEST MORTGAGE, INC., CIVIL ACTION - LAW No.: 01-5834 Plaintiff, v. MICHAEL S. THOMPSON, DEE ANN WEIGLE AfKJA DEE A. WEIGLE, Defendants. SUGGESTION OF BANKRUPTCY COMES NOW the Defendant, Dee A Thompson a/k/a Dee A Weigle ("Dee Thompson"), through her undersigned attorneys, Gates & Associates, P.C., and would show the Court: 1. Dee Thompson has filed a petition for relief under Title 11, United States Code, in the United States Bankruptcy Court for the Middle District of Pennsylvania, which bears the case number 1-01-04782. 2. Reliefwas ordered on September 4,2001. 3. This action is founded on a claim from which a discharge would be a release or that seeks to impose a charge on the property ofthe estate. 4. Defendant, Michael S. Thompson is a co-debtor pursuant to 11 U.s.c. 9 1301(a) regarding stay of the instant action. 5. This is for informational purposes only, and does not constitute a notice of appearance by the undersigned. ,~ " ~ ~ ' <,. ". '( , - II .,.", ~= 11( -f!f.'"",9-'rr,.1'__:'j~r(,Hn't ""'-nrl'''o~ ~,-~ =1 , WHEREFORE, the defendants suggests that this action has been stayed by the operation of 11 US.C S 362. Respectfully Submitted, GATES & ASSOCIATES, P.c. ~f&dJ1ri~ Albert N. Peterlin, EsquIre Attorney ill No. 84180 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 ,',?"'''''.<J1-..m'''l": ,~ , ~" . , ~ . . 'r-'~ I' "~~ 1lI ~ . ."~~ - "",' ,',~, ;;'-'. "-'.--<~@\~-.,.~ ;'w:';ll~"-)ji;t'llf:';-'{',i ;:~.0P:';~f,'J:-{,':Z1IJii})i1:;~}~;Z;U~#~~~02f~u11J~~'\;ict:;:1';:2k';#:F;g):~~J.~-g::'?2~\Wt;t (") (J <>, c -083 -- .. 25 !:Po:? .,r:;: ;I! "'-_i' -'1~ zr;:: (..., ~,,",; ;LH~ r-:c:t --- - ~ j;: c> Zcj -'- ~ t, J S>c w ('srn z ~) >! =< ::0 S <::> -< t:~ , F_ q!!!J!lQPfmm!>b~k~,_~!i[lf'!fii!1l;~!iH'ii?;"f!1l~,!~~~)!ljj<<~'~~:W~"~f!%-~l!%-~'llt~_~1!il'1'1!'t;;;--""",,",,''-,,-;,,,7.<,'" ;""",'-- "1-.-,,<'" """:f:'i~"1'~''''''''''1!['ii'W!!J.1!^;,\""{",,mrt'1<,;;_(.~;'ij%'nP,lX:!'~~:!II..~~jOOY' t FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BO{]LEV ARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (71 'i) 'ili1-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION WELLS FARGO HOME MORTGAGE, INC. F/KJ A NORWEST MORTGAGE, INC. 5024 P ARKW A Y PLAZA BOULEVARD CHARLOTTE, NC 28217-2407, Plaintiff TERM NO. 01-5 f 3 'f ~' Y. CUMBERLAND COUNTY MICHAEL S. THOMPSON DEE ANN WEIGLE AlK/A DEE A. WEIGLE 160 JUMPER ROAD NEWBURG, PA. 17240 Defendant( s) CTVTI. ACTION - T.AW COMPT.A]NT TN MORTC-AC-Ti', Ti'ORRCT .OSTTllR NOTICR **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 11'0 BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rightsimportant to you. YOU SHOULD TAKE TmS PAPERTO 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 LlBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 3080736 . "W',.:;!!>~~. ",,j.~ ~~ . -~. ~ .. ,.,..:.~ -1 ,<- F l' ,~ };:"'~ ., "1 '1 , ,.....,.., H~A, \ - <, '? -~, 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. ] --I" c = " 'I' ,!' ~'~T ,I !II ~ 1l -F4PF1'''''''''''''. '. 1. Plaintiff is WELLS FARGO HOME MORTGAGE, INC. F/KJA NORWEST MORTGAGE, INC. 5024 PARKWAY PLAZA BOULEVARD CHARLOTTE, NC 28217-2407 2. The name(s) and last known address(es) ofthe Defendant(s) are: MICHAEL S. THOMPSON DEE ANN WEIGLE NK/ADEEA. WEIGLE 160 JUMPER ROAD NEWBURG, PA. 17240 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 5/19/95 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to HART MORTGAGE CORP. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1263, Page 557. By Assignment of Mortgage recorded 5/19/95 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 496, Page 482. 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 5/1/01 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. ,~~ ,T ,,~, , 'If 1,', '1 I~.. '<l"f-*1,~~1 , 6. The following amounts are due on the mortgage: Principal Balance Interest 4/1101 through 10/1101 (per Diem $21.33) Attorney's Fees Cumulative Late Charges 5/19/95 to 10/1/0 I Cost of Suit and Title Search Subtotal Escrow Credit Deficit Subtotal TOTAL $90,336.\5 3,924.72 4,000.00 177.75 55JLQQ $98,988.62 420.50 ll.illl ($ 4)0 SO) $98,568.\2 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. WHEREFORE, PLAINTIFF demands an in = Judgment against the Defendant( s) in the sum of $98,568.12, together with interest from 10/1/01 at the rate of$21.33 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. ","" '-I , ~ '""'"do-, ''C, ,~ - ' )-~~ /'i'./ Fr::lnk F~n~nnan FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff :1- . =[ ~~""'" ;{iijift[j';';?rf,-,;:,,'[- _":"1"" "'tru;{ '",~.~ ~." ", "':rr~'---""d="'"'-'-'"''' ~~ ~~, ~ ALL tha !1opC~V{-! L.l IIlore rul certain tract or parcel of land sitllote in Township, Cumberland County, t>ennsylvani.c., ~ bounded and desc~ibed as follo~5: BEGINNINd Dt an iron pin at corner of lan~s now or formerlY, of Boyd Hey and the land herein canveyed, whicl, pin is 25.0 fe~t from the center of Township Route 360; thence by Hey North 79 degrees, 16 minutes 09 secon~s West, 371.54 feet to an iron pin, at Lot No, S on sub ivision plan of Blaine Tarner, recorded in the Office O' the Recorder of Deeds of Cumberland County, Pennsylvalnia in Plan Book 3D, Page 106; thence by Lot No. 5 Ndrt.h 10 degree~ 13 mjntltes 51 s~con(ls East:, 105.0 rel~et., to 8. concrete monulllent:. at .comer Comlllon Lo Lots 1, 2 and 5 on the aforesaid plan; thence by ~ot No. 2 No th 59 degrees 09 minutes 28 seconds East, 187.83 fe~t to an iron pin at the right-or-way of Township Route 360; thence by said road South 34 degrees 21 minutes 27 seconds East, 325.74 feet, to an iron pin ~he place of BEGINNING. CONTAINING 1.15 acres per Sllrv~v 0f Ki~~ing~r and Wolfe datad June 1, l~TT. BEING Lot No, 1 of the aforesaid subdivision plan. BEING THE SAME REAL ESTATE WHICH RODNEY L. MYERS and DONNA J. .YIRS, husband and wife, by deed dated August 14, 1984 lnd recorded in the office of the Recorder of Deeds in and for Cumberland County in Oeed Book Volume PREMISES ON.: 160 JUMPER ROAD ;.~,,-"fl"~'.lj . " ~_., 'r_~ , ~~ I ." - ,~- ~ ~ '! '" -. !__JI~C --..~". '-- \ VERIFICATION TAMMY JOHNSON hereby states that she is ASSIST ANT VICE PRESIDENT of WELLS FARGO HOME MORTGAGE, INe. 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 are true and correct to the best of her knowledge, information and belief. Tbe undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. 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