HomeMy WebLinkAbout01-06493
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FEDERMAN AND PHELAN, LLP
By: FRANK FEDERMAN, ESQUIRE
IDENTIFICATION NO. 12248
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD
SUITE 1400
PHILADELPHIA, PA 19103-1814
(71 'i) 'ifi,-7000
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CNIL DNISION
WELLS FARGO HOME MORTGAGE, INC.,
FIKIA NORWEST MORTGAGE, INC.
5024 PARKWAY PLAZA BOULEVARD
CHARLOTTE, NC 28217-2407
TERM
Plaintiff
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v.
NO. DI - 1..4Q3
CUMBERLAND COUNTY
DARRELL R. GORDON
EDITH L. BROWNA WELL
431 MOUNTAIN ROAD
NEWVILLE, P A 17241
Defendant(s)
CTVIl. ACTTON - l.A W
COMPT,A TNT TN MORTr.Ar.F, FORRCT .OSTTRF,
NOTTCF,
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY
RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT
A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. **
You have been sued in Court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this Complaint and Notice are served,
by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to
do so the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1F 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, P A 17013
(717)249-3166
Loan #: 3104048
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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 V ALInITY 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,
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1. Plaintiff is
WELLS FARGO HOME MORTGAGE, INC.,
F/K/ A NORWEST MORTGAGE, INC.
5024 P ARKW A Y PLAZA BOULEVARD
CHARLOTTE, NC 28217-2407
2. The name(s) and last Imown addressees) of the Defendant(s) are:
DARRELL R. GORDON
EDITH L. BROWNA WELL
431 MOUNTAIN ROAD
NEWVILLE, P A 17241
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
3. On 05/30/95 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to CONSUMER FIRST MORTGAGE, INe. which mortgage is
recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book
No. 1264, Page 1038. By Assigmnent of Mortgage recorded 05/30/95 the mortgage was
assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book
No. 497, Page 114.
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 06/01/01 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.
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6. The following amounts are due on the mortgage:
Principal Balance
Interest
05101/01 through 11/01/01
(Per Diem $20.43)
Attorney's Fees
Cumulative Late Charges
05/30/95 to 11/01/01
Cost of Suit and Title Search
Subtotal
Escrow
Credit
Deficit
Subtotal
TOTAL
$8],736.12
3,779.55
1,250.00
163.60
5..iOJl{)
$87,479.27
0.00
5.3.1Ji8.
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$88,016.95
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
Sheriff's 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
$88,016.95, together with interest from 11/01/01 at the rate of $20.43 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.
~~~~
/r;:,/ Fr~nk F~il~rm~n
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
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ALL THAT CERTAIN tract of land situate in Lower Mifflin Township,
Cumberland County, Pennsylvania, being Lot #4 of a Subdivision of
Samuel D. Shenk, as set forth in Plan Book 60, page 113, more
particularly bounded and described as follows:
BEGINNDIG at a set railroad spike situate on the centerline of
Lower Mifflin Township Road T-383, also known as Mountain Road,
said railroad spike being locatBd south 86 degrees 59 minutes 31
seconds West 75.46 feet from an existing nail and washer situate
on the centerline of said Mountain Road; thence along other lands
now or formerly of Samuel D. Shenk, South 08 d~grees 33 minutes
05 seconds East 286.76 feet to a set iron pin; thence along other
lands now or formerly of Samuel D, Shenk, North a8 degrees 17
minutes 22 seconds West 357.44 feet to a set iron pin; thence
along lands now or formerly of Samuel D. Shenk, North 02 degrees
11 minutes 19 seconds East 257.07 feet to a set railroad spike on
the centerline of Mountain Road; thence along the centerline of
said Mountain Road, North 86 degrees 59 minutes 31 seconds East
305.24 feet to a set railroad spike, the Place of BEGINNING.
CONTAINING 2.0547 acres of land including the right-of-way area.
BEING the same premises Samuel D. Shenk and Barbara
husband and wife, by their deed dated the 30th day of
and recorded in the Office at the Recorder of Deeds,
Cumberland County, Pennsylvania, in Deed Book ,
granted and conveyed unto Steven L. Shenk and Tammy
husband and wife, the Grantors herein.
J. Shenk,
June, 1990,
in and for
Page ,
s. Shanle,
TOGETHER with all the buildings, improvements, ways,
streets, alleys, passages, waters! water-courses, rights,
liberties, privileges, herediments, and appurtenances whatsoever,
thereunto belonging or in any way appertaining and the
reversions, the remainders, rents, issues and profits thereof,
and all the estate, right, title, interest, property, claim, and
re~and WhatsoeVer of the sqid Grantors, in laW, equity, or
otherwise howsoever, of, in, to, or out of the same.
And the said Grantors hereby covenant and agree that they will
warrant specialLy the property hereby conveyed.
PREMISES: 431 MOUNTAIN ROAD
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VERIFICATION
TAMMY JOHNSON hereby states that she is ASSIST ANT VICE PRESIDENT of
WELLS FARGO HOME MORTGAGE, INe. rn0l1gage servicing agent for Plaintiff in this matter,
that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in
Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The
undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904
relating to unsworn falsification to authorities.
DATE:
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SHERIFF'S RETURN - REGULAR
CASE_NO: 2001-06493 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WELLS FARGO HOME MORTGAGE ETAL
VS
GORDON DARRELL R ET AL
JASON VIORAL
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
GORDON DARRELL R
the
DEFENDANT
at 1859:00 HOURS, on the 30th day of November, 2001
at 431 MOUNTAIN ROAD
NEWVILLE, PA 17241
by handing to
DARRELL GORDON
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
6,50
.00
10.00
.00
34.50
?,~n'~~~
R, Thomas Kline
12/03/2001
FEDERMAN & PHELAN
me this /3 te
day of
Sworn and Subscribed to before By:
Atn_L, c20<r1 A.D.
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rothonotary ,
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SHERIFF'S RETURN - REGULAR
. CASE NO: 2001-06493 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WELLS FARGO HOME MORTGAGE ETAL
VS
GORDON DARRELL R ET AL
JASON VIORAL
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
BROWNAWELL EDITH L
the
DEFENDANT
, at 2038:00 HOURS, on the 30th day of November, 2001
at 14 BETTY NELSON TRAILER PARK
CARLISLE, PA 17013
by handing to
EDI TH BROWNAWELL
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
3.90
,00
10.00
.00
19.90
r~:-1~~
R. Thomas Kline .
12/03/2001
FEDERMAN & PHELAN
Sworn and Subscribed to before
By:
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me this /.3t.
day of
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prothonotary
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FEDERMAN AND PHELAN
'. By: FRANK FEDERMAN
Identification No, 12248
Attorney for Plaintiff
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F, KENNEDY BLVD" SillTE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
WELLS FARGO HOME MORTGAGE, INC"
FIK/A NORWEST MORTGAGE, INC,
5024 PARKWAY PLAZA BOULEVARD
CHARLOTTE, NC 28217-2407
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CML DMSION
Plaintiff,
v,
NO. 01-6493 CIVIL TERM
DARRELL R. GORDON
EDITH L. BROWNA WELL
Defendant(s).
PRAECIPE FOR JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against DARRELL R. GORDON and
EDITH L. BROWNA WELL, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within
20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess
Plaintiff's damages as follows:
As set forth in Complaint
Interest from 11/01/01 to 01/16/02
TOTAL
$88,016.95
$1,573.11
$89,590,06
I hereby certify that (1) the addresses ofthe Plaintiff and Defendant(s) are as shown above, and
(2) that notice has been given in accordance with Rule 237.1, copy attached.
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FRANK FEDERMAN, ES"QUIRE
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED. . k} ~
DATE: ~ h. \. n ;;l.o:;' ~ ~ 7/.$/ \
( PRO PROTHY
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(Rule of Civil Procedure No. 236) - Revised
,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
WELLS FARGO HOME MORTGAGE, INC"
FIK/A NORWEST MORTGAGE, INC.
5024 P ARKW AY PLAZA BOULEVARD
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
Plaintiff,
v.
NO. 01-6493 CIVIL TERM
DARRELL R. GORDON
EDITH L. BROWNA WELL
Defendant(s).
Notice is given that a Judgment in the above-captioned matter has been entered against you on
J:0 '7 200l..
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DEPUTY
If you have any questions concerning this rnatter, please contact:
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHNF. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
"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 CORRESPONDENCENDENCE IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A
LIEN AGAINST PROPERTY.'
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FEDERMAN AND PHELAN
'~ Frank Federman, Esquire
Identification No. 12248
One Penn Center Plaza at
Suburban Station, Suite 1400
Philadelphia, PA 19103-1799
(215) 563-7000
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
WELLS FARGO HOME MORTGAGE,
INC., F/K/A NORWEST MORTGAGE,
INC.
Plaintiff
CIVIL DIVISION
CUMBERLAND COUNTY
vs.
NO.01-6493 CIVIL
DARRELL R. GORDON
EDITH L. BROWNAWELL
Defendant
TO: EDITH L. BROWNAWELL
431 MOUNTAIN ROAD
NEWVILLE,PA 17241
DATE OF NOTICE: DECEMBER 21,2001
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT.
THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE
INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED
FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN
AGAINST PROPERTY.
IMPORTANT NOTICE
You are in default because you have failed enter a written
appearance personally or by attorney and file in writing with the
court your defenses or objections to the claims set forth against
you, Unless you act within ten (10) days from the date of this
notice, a Judgment may be entered against you without a hearing
and you may lose your property or other important rights. You
should take this notice to a lawyer at once, If you do not have a
lawyer or cannot afford one, go to or telephone the following
office to find out where you can get legal help:
CUMBERLAND COUNTY
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, P A 17013
(717) 249-3166
k<k.{ ~<-c>-
Frank Federman,Esquire
Attorney for Plaintiff
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FEDERMAN AND PHELAN, L.L,P.
,~ Frank Federman, Esquire
Identification No. 12248
One Penn Center Plaza at
Suburban Station, Suite 1400
Philadelphia, PA 19103-1799
(215) 563-7000
ATTORNEY FOR PLAINTIFF
.
COURT OF COMMON PLEAS
WELLS FARGO HOME MORTGAGE,
INC" F/K/A NORWEST MORTGAGE,
INC.
Plaintiff
CIVIL DIVISION
CUMBERLAND COUNTY
vs.
NO. 01-6493 CIVIL
DARRELL R. GORDON
EDITH L. BROWNAWELL
Defendant(s)
TO: DARRELL R, GORDON
431 MOUNTAIN ROAD
NEWVILLE,PA 17241
DATE OF NOTICE: DECEMBER 21,2001
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT.
THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE
INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED
FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN
AGAINST PROPERTY.
IMPORTANT NOTICE
You are in default because you have failed enter a written
appearance personally or by attorney and file in writing with the
court your defenses or objections to the claims set forth against
you, Unless you act within ten (10) days from the date of this
notice, a Judgment may be entered against you without a hearing
and you may lose your property or other important rights. You
should take this notice to a lawyer at once. If you do not have a
lawyer or cannot afford one, go to or telephone the following
office to find out where you can get legal help:
CUMBERLAND COUNTY
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, P A 17013
(717) 249-3166
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Frank Federman, Esquire
Attorney for Plaintiff
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FEDERMAN and PHELAN
'. By: FRANK FEDERMAN
Identification No. 12248
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHNF, KENNEDY BLVD" SillTE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
ATTORNEY FOR PLAINTIFF
.
WELLS FARGO HOME MORTGAGE, INC"
FfKlA NORWEST MORTGAGE, INC.
5024 P ARKW AY PLAZA BOULEVARD
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
Plaintiff,
v,
NO,OI-6493 CIVIL TERM
DARRELL R. GORDON
EDITH L. BROWNA WELL
Defendant(s),
VERIFICATION OF NON-MILITARY SERVICE
FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned rnatter, and that on information and belief, he has knowledge ofthe following facts,
to wit:
(a) that the defendant(s) is/are not in the Military or Naval Service of the United States
or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress
of 1940, as amended.
(b) that defendant DARRELL R. GORDON is over 18 years of age and resides at,
431 MOUNTAIN ROAD, NEWVILLE, PA 17241.
(c) that defendant EDITH L. BROWNA WELL is over 18 years of age, and resides at ,
431 MOUNTAIN ROAD, NEWVILLE, PA 17241.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
{~
FRANK FEDE , ESQUIRE
Attorney for Plaintiff
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WELLS FARGO HOME MORTGAGE, INC.,
FIK/A NORWEST MORTGAGE, INC,
CUMBERLAND COUNTY
Plaintiff,
COURT OF COMMON PLEAS
v.
CIVIL DIVISION
DARRELL R. GORDON
EDITH L, BROWNA WELL
NO,01-6493 CIVIL TERM
Defendant(s).
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No.1)
WELLS FARGO HOME MORTGAGE. INC.. F/K1A NORWEST MORTGAGE. INC., Plaintiff in
the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the
Praecipe for the Writ of Execution was filed the following information concerning the real property
located at .431 MOUNTAIN ROAD, NEWVILLE. PA 17241,
1. Name and address ofOwner(s) or reputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
DARRELL R. GORDON
431 MOUNTAIN ROAD
NEWVILLE, P A 17241
EDITH L. BROWNA WELL
431 MOUNTAIN ROAD
NEWVILLE, P A 17241
2. Name and address of Defendant(s) in the judgment:
DARRELL R. GORDON
431 MOUNTAIN ROAD
NEWVILLE, P A 17241
EDITH L. BROWNA WELL
431 MOUNTAIN ROAD
NEWVILLE,PA17241
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Narne
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None.
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4. Name and address oflast recorded holder of every mortgage of record:
Narne
AMERICAN GENERAL FINANCE, INC
Last Known Address (if address carmot be
reasonably ascertained, please indicate)
6 SOUTH HANOVER STREET
CARLISLE, P A 17013
5. Name and address of every other person who has any record lien on the property:
Name
Last Known Address (if address carmot be
reasonably ascertained, please indicate)
None.
6. Name and address of every other person who has any record interest in the property and whose
interest rnay be affected by the sale.
Name
Last Known Address (if address carmot be
reasonably ascertained, please indicate)
None.
7. Name and address of every other person ofwhorn the plaintiff has knowledge who has any interest in
the property which may be affected by the sale:
Name
Last Known Address (if address carmot be
reasonably ascertained, please indicate)
Tenant/Occupant
431 MOUNTAIN ROAD
NEWVILLE, P A 17241
Domestic Relations of Cumberland County
13 North Hanover Street
Carlisle, PA 17013
Commonwealth of Pennsylvania
Department of Welfare
PO Box 2675
Harrisburg, PA 17105
I verify that the statements made in this affidavit are true and correct to the best of rny personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
January 16, 2002
DATE
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FRANK FED RMAN, ESQUIRE
Attorney for Plaintiff
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WELLS FARGO HOME MORTGAGE, INC.,
F/K/A NORWEST MORTGAGE, INC.
Plaintiff,
CUMBERLAND COUNTY
No,OI-6493 CIVIL TERM
v,
DARRELL R, GORDON
EDITH L, BROWNA WELL
Defendant(s).
January 16, 2002
TO: DARRELL R. GORDON
431 MOUNTAIN ROAD
NEWVILLE, PA 17241
EDITH L. BROWNA WELL
431 MOUNTAIN ROAD
NEWVILLE, PA 17241
"THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED. THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE
AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY."
Your house (real estate) at, 431 MOUNTAIN ROAD, NEWVILLE. PA 17241, is scheduled to
be sold at the Sheriffs Sale on JUNE 5, 2002 at 10:00 a.m. in the Curnberland County Courthouse,
South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 89,590.06 obtained by
WELLS FARGO HOME MORTGAGE. INC.. F/K/ A NORWEST MORTGAGE, INC. (the
mortgagee) against you. ,In the event the sale is continued, an announcement will be rnade at said sale in
cornpliance with Pa.R.C.P., Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you rnay
call: (215) 563-7000.
2. You rnay be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was irnproperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
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YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. Ifthe Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You rnay
find out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full arnount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. rfthe arnount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as ifthe sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed,
7. You may also have other rights and defenses, or ways of getting your horne back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, P A 17013
(717) 249-3166
(800) 990-9108
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ALL THAT CERTAIN tract of land situate in Lower Mifflin Township. Cumberland County,
Pennsylvania, being Lot #4 of a Subdivision of Samuel D. Shenk, as set forth in Plan Book 60, Page
113. more particularly bounded and described as follows: -
BEGINNING at set railroad spike situate on the centerline of Lower Mifflin Township Road T-383, also
known as Mountain Road, said railroad spike being located South 86 degrees 59 minutes 31 seconds
West 75A6 feet from an existing nail and washer situate on the centerline of said Moumain Road;
thence along other lands now or formerly of Samuel D. Shenk, South 08 degrees 33 minutes 05 seconds
East 286.76 feet to a set iron pin; thence along other lands now or formerly of Samuel D, Shenk, North
88 degrees 17 minutes 22 seconds West 357.44 feet to a set iron pin; thence along lands novo or
formerly of Samuel D. Shenk, North 02 degrees II minutes 19 seconds East 257.0'; feet to a set
railroad spike on the centerline of Mountain Road; thence along the centerline of said Mountain Road,
North 86 degrees 59 minutes 31 seconds East 305.24 feet to a set railroad spike. the place of beginning.
CONTAINING 2.0547 acres of land including the right-of-way area.
Tax Parcel #5-0411-027
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FEDERMAN and PHELAN
By: FRANK FEDERMAN
Identification No, 12248
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHNF, KENNEDY BLVD" SUITE 1400
PIDLADELPIDA, PA 19103-1814
(215) 563-7000
ATTORNEY FOR PLAINTIFF
WELLS FARGO HOME MORTGAGE, INC.,
F/KIA NORWEST MORTGAGE, INC.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
v,
CIVIL DIVISION
DARRELL R. GORDON
EDITH L, BROWNA WELL
NO, 01-6493 CIVIL TERM
Defendant( s).
CERTIFICATION
FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned rnatter, and that the premises are not subject to the provisions of Act 91
because it is:
(X) an FHA mortgage
() non-owner occupied
() vacant
o Act 91 procedures have been fulfilled
This certification is rnade subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
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FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
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PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P.3180-3183
WELLS FARGO HOME MORTGAGE, INC.,
FIKJA NORWEST MORTGAGE, INC.
Plaintiff,
v,
No.01-6493 CIVIL TERM
DARRELL R. GORDON
EDITH L. BROWNA WELL
Defendant(s).
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
$89,590.06
Interest from 01/16/02 to 06/05/02
(per diern -14.73)
$2,062.20 and Costs
TOTAL
$91,652.26
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FRANK FEDERMAN, ESQUIRE
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
Attorney for Plaintiff
Note: Please attach description of property.No.
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ALL THAT CERTAIN tract of land situate in Lower Mifflin Township, Cumberland Couney.
Pennsylvania, being Lot #4 of a Subdivision of Samuel D. Shenk, as set fonh in Plan Book 60, Pa2e
113, more particularly bounded and described as follows:
BEGINNING at set railroad spike situate on the centerline of Lower Mifflin Township Road T-383, also
known as Mountain Road, said railroad spike being located South 86 degrees 59 minutes 31 seconds
West 75.46 feet from an existing nail and washer situate on the centerline of said Mountain Road:
thence along other lands now or formerly of Samuel D. Shenk, South 08 degrees 33 minutes 05 seconds
East 286.76 feet to a set iron pin; thence along other lands now or formerly of Samuel D. Shenk, North
88 degrees 17 minutes 22 seconds West 357.44 feet to a set iron pin; thence along lands now or
formerly of Samuel D. Shenk, Nonh 02 degrees 11 minutes 19 seconds East 257.07 feet to a set
railroad spike on the centerline of Mountain Road; thence along the centerline of said Mountain Road, ,
Nonh 86 degrees 59 minutes 31 seconds East 305.24 feet to a set railroad spike, the place of beginning.
CONTAINING 2.0547 acres of land including the right-of-way area.
Tax Parcel #5-0411-027
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AFFIDAVIT OF SERVICE
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PLAINTIFF
,
CUMBERLAND COUNTY
WELLS FARGO HOME MORTGAGE,
INC" F/KJA NORWEST MORTGAGE, INC. No.01-6493 CIVIL TERM
DEFENDANT(S)
DARRELL R. GORDON ACCT. #3104048
EDITH L. BROWNA WELL
SERVE EDITH L, BROWNA WELL AT
431 MOUNTAIN ROAD
NEWVlLLE,PA 17241
Type of Action
- Notice of Sheriff's Sale
Sale Date: JUNE 5, 2002
SERVED
Served and made known to ;: c!... "^ l. t3 It. " tJ ~ "'" ILl) , Defendant, on the ,;J {9 ,f~
at ?: '!, (, ,0'c!ockA.m., at 1-:3 ( J4lJvt'~; " K' 4) VII. W v, (/ ~
dayof ~"'u""'(,2003
, Commonwealth
of Pennsylvania, in the manner described below:
Defendant personally served. , b f .L
X Adult family member with whom Defendant(s) reside(s). Relationship is Co - Ill'" ; t'3 IV,-
Adult in charge ofDefendant(s)'s residence who refused to give name or relationship.
Manager/Clerk of place oflodging in which Defendant(s) reside(s).
Agent or person in charge ofDefendant(s)'s office or usual place of business.
an officer of said Defendant(s)'s company.
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G-01<- ~ov
Other:
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Description: Age 1!) Height ~ Weight! ,jrf Race Jtfl Sex L Other ~ )",.,S<:" 5"
!, C!oo/tel\lc.. l. (',.If, \'( (f~ competent adult, being duly swom according to law, depose and state that! personally handed
a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at
the address indicated above.
TIMES OF SERVICE ATTEMPED,
Swom to and subscri.ll.ed
before me this ~ day
of -5,,,..,,.( .200.2-
Notary:<c.4~in b\.-0..M.u0 By:
PLE'uE ATTEMPT SERVICE AT LEAST 3 TIMES, INDICATE D
NOT SERVED
On the day of
,200_, at
o'clock _.m., Defendant NOT FOUND because:
Moved Unknown
No Answer
Vacant
Other:
Swom to and subscribed
before me this _ day
of , 200 _'
Notary:
By:
Attornev for Plaintiff
Frank Federman, Esquire - I.D. No, 12248
One Penn Center at Snburban Station
1611 John F, Kennedy BonIevard, Suite 1400
Phih.delphia, PA 19103-1814
(215) 563-7000
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AFFIDAVIT OF SERVICE
P'-AlNTIFF
WELLS FARGO HOME MORTGAGE,
INC., FIKJA NORWEST MORTGAGE, INC. No,OI-6493 CIVIL TERM
CUMBERLAND COUNTY
VEFENDANT(S)
DARRELL R. GORDON ACCT. #3104048
EDITH L, BROWNA WELL
SERVE DARRELL R. GORDON AT
431 MOUNTAIN ROAD
NEWVILLE, PA 17241
Type of Action
- Notice of Sheriff's Sale
Sale Date: JUNE 5, 2002
SERVED
Servedandmadeknownto 001(\/1...\\ R, &o~H.r ,Defendant, on the d<pJ.t.. dayof "J;"'1)""'1,200~
at 7:'> (; ,o'clock .:a.m., at 13 I UV~ J" ... <<'''-1 It~:w v; 1\ ~ , Commonwealth
of Pennsylvania, in the manner described below:
^ Defendant personally served.
Adult family member with whom Defendant(s) reside(s). Relationship is
Adult in charge ofDefendant(s)'s residence who refused to give name or relationship.
Manager/Clerk of place oflodging in which Defendant(s) reside(s).
Agent or person in charge ofDefendant(s)'s office or usual place of business.
an officer of said Defendant(s)'s company.
Other:
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Description: Age J~ Hei?ht sa Weight 130 Race Wl. Sex fI Other ,\,,'"......,
I, ~-;J(l.e fU t \... l. Gl\.i.-y. ;;{6'mpetent adult, being duly sworn according to law, depose and state that I personally handed
a true and correct copy of the Notice of Sheriff's Sa . er as set forth herein, issued in the captioned case on the date and at
the address indicated above. NOTARIAL SEAl.
,. "WTH M, JOHANSSON, NoI8ry PubIc
Sworn to and subscrilled GI'll8I!8 Twp., Franklin CountY
before me this ~(i "'day IfyCommisslon Expires 19. 2005
of -;rwv.....t ,2002. /)/J. - D
NOtary:~ .J<r), ~ By: ~ (f--
PLE~E ATTEMPT SERVICE AT LEAST 3 TIMES, INDICATE DAT
IMES OF SERVICE ATTEMPED,
NOT SERVED
On the day of
,200_, at
o'clock _.m., Defendant NOT FOUND because:
Moved Unknown
No Answer
Vacant
Other:
Sworn to and subscribed
before me this _ day
of , 200 _'
Notary:
By:
Attornev for Plaintiff
Frank Federman, Esquire - I.D, No. 12248
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard, Snite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
RE: WELLS FARGO HOME MORTGAGE, INC.
F/KJA NORWEST MORTGAGE, INC. ) CIVIL ACTION
)
vs.
DARRELL R. GORDON
EDITH L. BROWNAWELL
)
)
CIVIL DIVISION
NO. 01-6493
AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
)
)
55:
I, FRANK FEDERMAN, ESQUIRE attorney for WELLS FARGO HOME
MORTGAGE, INC. F/K/A NORWEST MORTGAGE, INC, hereby verify that on
1/16/02 true and correct copies of the Notice of Sheriff's sale were served by
certificate of mailing to the recorded lienholders, and any known interested party
see Exhibit "A" attached hereto. Notice of Sale was sent to the Defendant(s) on
1/16/02 by certified mail return receipt requested see Exhibit "B" attached
hereto.
DATE: April 18. 2002
~~ ;101 ~ AAMJJ,^
F NK FEDER :A.N, ESQUIRE
Attorney for Plaintiff
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TO: DARRELL R GORDON
43 I MOUNTAIN ROAD
NEWVILLE, PAl 724 I
SENDER:
REFERENCE: GORDON, DARRELL
TEAM 5
PS Form 3800 -June 2000
RETURN Postage
RECEIPT Certified Fee
SERVICE
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Total Postage & Fees
US Postal Service
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STATE OF PENNSYLVANIA,
COUNlY OF CUMBERLAND
} 55.
Robert P Ziegler
I, ____________________________________________________~________________________Ileoordero(
DeccIs in and for said County and State do 'hereby certi(y that the Sherifrs Deed in which ________________
WElls."Fargo Home Mtg Ine fka Norwest Mtg Ine
___________________________.________________________________________________________ u thegtantee
5th
the same having been sold to said grantee on the _____h________________________________________ day o(
. June" 2002
________________________________________ A. D., ; _____, under and by virtue of a writ______________
17th
Execution .
____________________________________ _____ __ _____ ISSued on the _____________ ___ ____ ____ _____________
clay of ________J_-:'l_______________ A. D.,
Civil
______________________________,",_________________ _________________________________ Tenn, : ._____
"6493 Wells Fargo Home Mtg Ine fka Norwest Mtg Ine
Number ____________"_, at the suit of _______________________________________________________________
Darrell R Gordon & Edith L Brownawell
________._____________________.____ against_ _______ __ ____.. ____________ ...______...... _____ ________ _..... is
252 2802
duly recorded in Sherirrs Deed Book No. ____________, Page ____________.
2001 .
_____, ollt of the Court of Cornman Pleas of said County as of
2001
IN TESTIMONY WHEIlEOF, I haV;le~unto
set 7)han.J d a and seal of said office this __~_______ day
of -Yf/-fj--------------- ~ ~-~
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Wells Fargo Home Mortgage, Inc. flkIa In The Court of Common Pleas of
Norwest Mortgage, Inc. Cumberland County, Pennsylvania
VS Writ No. 2001-6493 Civil Term
Darrell R Gordon and Edith L Brownawell
Dawn Kell, Deputy Sheriff, who beipg duly sworn according to law, states that on
March 28,2002 at 2:32 o'clock pm, EST, she served a true copy of the within Real Estate
Writ, Notice and Description, in the above entitled action, upon the within named
defendant, to wit: Darrell R Gordon, by making known unto Edith Brownawell, adult in
charge, at 431 Mountain Road, Newville, Cumberland County, Pennsylvania, its contents
and at the same time handing to her personally the said true and correct copy of the same.
Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on
March 28, 2002 at 2:32 o'clock pm, EST, she served a true copy of the within Real Estate
Writ, Notice and Description, in the above entitled action, upon the within named
defendant, to wit: Edith L Brownawell, by making known unto Edith Brownawall,
personally, at 431 Mountain Road, Newville, Cumberland County, Pennsylvania, its
contents and at the same time handing to her personally the said true and correct copy of
the same.
Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that
on April 4, 2002 at II :36 o'clock A.M., E.S.T., he posted a true copy of the within Real
Estate Writ, Notice, Poster and Description, in the above entitled action, upon the
property of Darrell R Gordon and Edith L Brownawelllocated at 431 Mountain Road,
Newville, Pennsylvania, according to law.
R Thomas Kline, Sheriff, who being duly sworn according to law says he served
the above Real Estate Writ, Notice, Poster and Description in the following manner: The
Sheriff mailed a notice of the pendency of the action to one of the within named
defendants to wit: Darrell R Gordon, by regular mail to his last known address of 431
Mountain Road, Newville, P A 17241. This letter was mailed under the date of April 04,
2002 and never returned to the Sheriff s Office.
R Thomas Kline, Sheriff, who being duly sworn according to law says he served
the above Real Estate Writ, Notice, Poster and Description in the following manner: The
Sheriff mailed a notice of the pendency of the action to one of the within named
defendants to wit: Edith L Brownawell, by regular mail to her last known address of 431
Mountain Road, Newville, PA 17241. This letter was mailed under the date of April 04,
2002 and never returned to the Sheriff's Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after
due and legal notice had been given according to law, exposed the within described
premises at public venue or outcry at the Court House, Carlisle, Cumberland County,
Pennsylvania, on June 5'2002 at 10:00 o'clock AM. He sold the same for the sum of
$1.00 to Attorney Frank Federman for Wells Fargo Home Mortgage, Inc. f/kla Norwest
Mortgage, Inc.. It being the highest bid and best price received for the same, Wells Fargo
Home Mortgage, Inc., flkIa Norwest Mortgage, Inc. of 5024 Parkway Plaza Blvd.,
Charlotte, NC 28217-2407, being the buyer in this execution paid SheriffR Thomas
Kline, the sum of $738.26, it being costs.
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Sheriff s Costs:
Docketing
Poundage
Posting Bills
Advertising
Acknowledging Deed
Auctioneer
Law Library
Prothonotary
.. Service
Certified Mail
Levy
Surcharge
Law Journal
Patriot News
Share of Bills
Distribution of
Proceeds
Sheriffs Deed
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$30.00
14.48
15.00
15.00
30.00
10.00
.50
1.00
22.08
1.80
15.00
30.00
260.75
212.95
25.20
25.00
29.50
$738.26 paid by attorney
6/28/02
Sworn and subscribed to before me
S()~~
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This III oe: day of94 . .
~. _ ..ft. Thomas Klme, Shenff
2002, AD. 0 '7'k..t.L . ~ J~ r ~ C
Pro honotary BY ~
Real Estat eputy
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. EqlS FARGO HOME MORTGAGE, INC..
fl'KtA NORWEST MORTGAGE, mc. ,'t
CUMBERLAND COUNTY
Plaintiff,
COURT OF COMMON PLEAS
v.
CIVIL DIVISION
DARRELL R. GORDON
EDITH L. BROWNA WELL
NO.01-6493 CIVIL TERM
Defendant(s).
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No.1)
WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC., P1aintiffin
the above action, by its attorney, FRANK FEDERMAN, ESQUIRE. sets forth as of the date the
Praecipe for the Writ of Execution was filed the following information concerning the real property
located at ,431 MOUNTAIN ROAD. NEWVILLE, PA 17241.
L Name and address ofOwner(s) or reputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
DARRELL R GORDON
431 MOUNTAIN ROAD
NEWVILLE, P A 17241
431 MOUNTAIN ROAD
NEWVILLE, P A 17241
EDITH L. BROWNA WELL
2. Name and address ofDefendant(s) in the judgment:
DARRELL R GORDON
EDITH L. BROWNA WELL
431 MOUNTAIN ROAD
NEWVILLE, PA 17241
431 MOUNTAIN ROAD
NEWVILLE, PA 17241
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None.
---'-
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.4. Name arid address of last recorded hold~r of every mortgage of record:
Name
AMERICAN GENERAL FINANCE, INC
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
6 SOUTH HANOVER STREET
CARLISLE, PA 17013
5. Name and address of every other person who has any record lien on the property:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None.
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None.
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in
the property which may be affected by the sale:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
431 MOUNTAIN ROAD
NEWVILLE, P A 17241
Domestic Relations of Cumberland County
13 North Hanover Street
Carlisle, P A 17013
Commonwealth of Penn sylvania
Department of Welfare
PO Box 2675
Harrisburg, P A 171 05
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties of18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
January 16. 2002
DATE
-+---l ~
FRANKFED RMAN, ESQUIRE
Attorney for Plaintiff
I "
.
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. ,
WELLS FARGO HOME MORTGAGE, INC.,
FfKJA NORWEST MORTGAGE, INC.
Plaintiff, ~
CUMBERLAND COUNTY
,
No.01-6493 CIVIL TERM
v.
DARRELL R. GORDON
EDITH L. BROWNA WELL
Defendant( s).
January 16, 2002
TO: DARRELL R. GORDON
431 MOUNTAIN ROAD
NEWVILLE, P A 17241
EDITH L. BROWNA WELL
431 MOUNTAIN ROAD
NEWVILLE, PA 17241
**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 IS NOT AND SHOULD NOT BE CONSTRUED TO BE
AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. **
Your house (real estate) at, 431 MOUNTAIN ROAD, NEWVILLE, PA 17241, is scheduled to
be sold at the Sheriffs Sale on JUNE 5, 2002 at 10:00 a.m. in the Cumberland County Courthouse,
South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 89,590.06 obtained by
WELLS FARGO HOME MORTGAGE, INC.. F/K/A NORWEST MORTGAGE, INC. (the
mortgagee) against you. . In the event the sale is continued, an announcement will be made at said sale in
compliance with Pa.R.C.P., Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
L The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, ifthe judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings"
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
.
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,
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
2" You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, P A 17013
(717) 249-3166
(800) 990-9108
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ALL THAT CERTAIN tract of land situate in Lower Mifflin Township. Cumberland COUnty,
Pennsylvania, being Lot #4 of a Subdivision of Samuel D. Shenk, as set forth in Plan Book 60, Paee
113. more particularly bounded and described as follows: -
BEGINNING at set railroad spike situate on the centerline of Lower Mifflin Township Road T-383, also
known as Mountain Road, said railroad spike being located South 86 degrees 59 minutes 31 seconds
West 75.'16 feet from an existing nail and washer situate on the centerline of said Mountain Road;
thence along other lands now or formerly of Samuel D, Shenk, South 08 degrees 33 minutes 05 seconds
East 286.76 feet to a set iron pin; thence along other lands now or formerly of Samuel D" Shenk, North
88 degrees 17 minutes 22 seconds West 357.44 feet to a set iron pin; thence along lnnds now or
formerly of Samuel D. Shenk, North 02 degrees 11 minutes 19 seconds East 257.0'; fee: [0 a set
railroad spike on the centerline of Mountain Road; thence along the centerline of said Mountain Road,
North 86 degrees 59 minutes 31 seconds East 305.24 feet to a set railroad spike, the place of beginning"
CONTAINING 2.0547 acres of land including the right-of-way area.
Tax Parcel #5-0411-027
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WRIT OF EXECUTION and/or ATTACHMENT
d
COMMONWEALTH OF PENNSYL V ANIAr) ,
COUNTY OF CUMBERLAND)
NO 01-6493 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF Cumberland COUNTY:
To satisfy the debt, interest and costs due WELLS FARGO HOME MORTGAGE, INC., FIKIA
NORWEST MORTGAGE, INe PLANTIFF(S)
From DARRELL R. GORDON, EDITH L. BROWNA WELL, 431 MOUNTAIN ROAD, NEWVILLE, P A
17241
(I) You are directed to levy upon the property of the defendant(s) and to sell SEE LEGAL
DESCRIPTION
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $89,590.06 L.L $50
Interest FROM 1/16/02 TO 6/5/02 (PER DIEM - 14"73) $2,062.20 AND COSTS
Atty's Comm % Due Prothy $1.00
Atty Paid $126.40 Other Costs
Plaintiff Paid
Date: JANUARY 17,2002
CURTIS R. LONG
Prothonotary, Civil Division
~.
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REQUESTING PARTY:
Name FRANK FEDERMAN, ESQUIRE
Address: ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F" KENNEDY BOULEVARD, SUITE 1400
PHILADELPHIA, PA 19103-1814
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ill No. 12248
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REAL ESTATE SALE No. q
On February 6, 2002, the sherifflevied upon the
defendant's interest in the real property situated in
Lower Mifflin Township, Cumberland County, P A,
known and numbered as 431 Mountain Road, Newville,
and more fully described on Exhibit "A" filed
with this writ and by this reference incorporated herein.
Date: February 6, 2002
By: Jo d4 j' VV\A....~
Real Estate Deputy
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THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Ad No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Frank J. Epler being duly sworn according to law, deposes and says:
That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the
City of Harrisburg, County of Dauphin, State of Pennsyivania, owner and publisher of The Patriot-News and The
Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the
City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th,
1854, and September 18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of April 2002 and the
7th day(s} of May 2002" That neither he nor said Company is interested in the subject matter of said printed notice
or advertising, and that all of the allegations of this statement as to the time, place and character of publication are
true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in
the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION
COPY
S ALE #9
oan su scn e eo
Notarial eal
Tony L RUS$~II. Notary Public
Harrisburg, Dauphin County
My Coml'Plssion Expires June 6. 2
Member, Pennsylvania Assoc:mtion Of Notaries
My commission expires June 6, 2002
t
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
r
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on the above slated dates $
Probating same Notary Fee(s} $
Total $
211.20
1.75
212.95
Publisher's Receipt for Advertising Cost
The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid.
By....................."".""".................................".".""""
.... 'REACESTATESAlE No: 9'
- . "'WrIINo.2001-6493
Clvlllerm
Wells Fargo Home
. -'-' Mortgage. Inc.
~..:-'-=- fka 'NolWest Mortgage, Inc.
V>
.-: --=-=-~ Darrell R. Gordon and
~::: . Edlth(...Brownawell
~. ..- :> A!tl': Frank federm,n
~ uJ;SCRlPTION .
~ THAT CERTAJN ~tract of land situate in
i.J;Q~ei'lWllrin Township, Cumberland County,
"iepnsylvani!l, being to: #4 of a Sulxlivisioll of
~lfeI D. Shenk. as set forth in Plan Book 60,
",Fagc1l3, more P'rticula<ly bounded and
i-de.<!cribed aslollows:
~BEG1NNING at- set railroad spike: situate on the
= -~terline qf Lower Mifflin Township Road T-
~Kr,-aJso kiiown as Mountain Road, said railroad
~plke being located South 86 degrees 59 minutes
::-Sl ~~eonds West 75.46 feet from an existing nail
~ ~d washer situate on the centerline of said
;-Mountain Road; thence along other lands now or
~fq@etty of Samuel D. S~_ so.ut1tOS .<legrees
~l_JDinu!es 05 seConds East 286.16 feet to a set
~.iron_piu; thence_ along other lands now or formerly
~ofSa:muel D. Shenk, North 88 degrees 17 minutes
~? s~nds West 3051.44 Jel;Uo JU_et iron pin;
rtbe~e along rands llOW Monnerly of SamueLD.
~henk,_North 02 degrees lLmiDtltes 19 seconds
=:J~ast 257m feet to;a set railroad spike on the
~Ci:!1imfrfue-"of Mountait Road; thence along the
~tl.terline of said Mcuntain Road, North 86
~Qegrees-59 minutes 31 s~onds East 305.24 feet to
~.t:,.railroad spike, the !...ace of BEGINNING.
~~G2.0547 aiiesof)and.including the _
~g.b"tOf;wayarea.
~cl-#5{14l1-027.
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PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16,1929), P. 1.1784
STATE OF PENNSYLVANIA :
ss.
COUNTY OF CUMBERLAND :
Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County
and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland
Law Journal, a legal periodical published in the Borough of Carlisle in the County and State
aforesaid, was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
VlZ:
APRIL 26, MAY 3,10,2002
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
SWORN TO AND SUBSCRIBED before me this
10 day of MAY. 2002
LOIS E. SNYDER, NoIary PubI1c
CarlIsle Boro, Cumberland County
My Commi88Ion ExpAs Man:h 5. 2005
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REAL ESTATE SALE NO. 9
Writ No" 2001-6493 Civil
Wells Fargo Home Mortgage. Inc..
f/k/a Norwest Mortgage. Inc.
vs.
Darrell R. Gordon and
Edith L. Brownawell
Atty.: Frank Federman
ALL THAT CERTAIN tract of land
situate in Lower Mifflin Township.
Cumberland County". Pennsylvania.
being Lot #4 of a SubdMsion of Sam-
uel D. Shenk, as set forth in Plan
Book 60, Page 113, more particularly
bounded and described as follows:
BEGINNING at set railroad spike
situate on the centerline of Lower
Mifflin Township Road T-383, also
known as Mountain Road, said rail-
road spike being located South 86
degrees 59 minutes 31 seconds
West 75.46 feet from an existing nail
and washer situate on the centerline
of said Mountain Road: thence along
other lands now or formerly of
Samuel D. Shenk, South 08 degrees
33 minutes 05 seconds East 286.76
feet to a set iron pin; thence along
other lands now or formerly of
Samuel D. Shenk, North 88 degrees
17 minutes 22 seconds West 357.44
feet to a set iron pin; thence along
lands now or formerly of Samuel D.
Shenk. North 02 degrees 11 min-
utes 19 seconds East 257.07 feet
to a set railroad spike on the
centerline of Mountain Road: thence
along the centerline of said Moun-
tain Road, North 86 degrees 59 min-
utes 31 seconds East 305.24 feet
to a set railroad spike. the place of
beginning.
CONTAINING 2.0547 acres of
land including the right -of-way area.
Tax Parcel #5-0411-027"
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