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HomeMy WebLinkAbout03-6434FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALL1NAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO BANK MINNESOTA, N.A., AS TRUSTEE FOR REGISTERED HOLDERS OF OPTION ONE MORTGAGE LOAN TRUST 2001-B, ASSET- BACKED CERTIFICATES, SERIES 2001-B 6501 IRVINE CENTER DRIVE IRVINE, CA 92618 Plaintiff FRANK L. BRETZ, JR AflK/A FRANK BRETZ, JR 228 STATE STREET ENOLA, PA 17025 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO.~2)3 -- ~['/ CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE 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. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 File#: 80261 1F 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. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORECE A LIEN ON REAL ESTATE. File#: 80261 Plaintiff is WELLS FARGO BANK MINNESOTA, N.A., AS TRUSTEE FOR REGISTERED HOLDERS OF OPTION ONE MORTGAGE LOAN TRUST 2001-B, ASSET-BACKED CERTIFICATES, SERIES 2001-B 6501 IRVINE CENTER DRIVE IRVINE, CA 92618 The name(s) and last known address(es) of the Defendant(s) are: FRANK L. BRETZ, JR A/K/A FRANK BRETZ, JR 228 STATE STREET ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 01/26/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to EAGLE NATIONAL BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1724, Page 392. By Assignment of Mortgage recorded 10/28/2003 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 703, Page 1838. 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 05/01/2003 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 80261 6. The following amounts are due on the mortgage: Principal Balance Interest 04/01/2003 through 12/I 1/2003 (Per Diem $15,84) Attorney's Fees Cumulative Late Charges 01/26/2001 to 12/I 1/2003 Cost of Suit and Title Search Subtotal $46,827.58 4,039.20 1,250.00 209.19 $ 550.00 $ 52,875.97 Escrow Credit 0.00 Deficit 759.00 Subtotal $ 759.00 TOTAL $ 53,634.97 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. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTII:F demands an in rem Judgment against the Defendant(s) in the sum of $ 53,634.97, together with interest from 12/11/2003 at the rate of $15.84 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. By: FEDERM. SN AND PHELAN,~LLP, // FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 80261 ALL THAT CI~TAIN piecc or parc. el of land situate in the ~lomtt~,tt of lVc~t Fai~i~', Chunberland Cotmty, Petmsylvatda, more !mugcularly bounded and described as follows: BEII~(} a portio-', o!' Lots 6 and 7 in Mays Addition to the BorouF. h of West Fait'view, Cumberland County, Pennsylvania, and havin~ thereon ereoted a two story frame dwelling and (2) frame gara~s, known as number 221~ Slate Su'~t. IT REll~(~ the ~am~ premises which Nsth~_ E. Bl~z, widower, by deed dated May Sth, l!)81t and recoxied in the Cumbedand County Recorder o£Dceds office on tVlay 13, 1988 in Book 1-33 Pa~e 451, grated and convel, ed u~to Frank L Br~z and N. Dennis Bret,z, as.~oint t.-n~, with the ~ of survi,~xship. Granto~ her~in. PRIOtlSES BEIN(I: 228 STATE STREET VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attomey for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unswom falsifications to authorities. DATE: Attorney for Plaintiff SHERIFF I S RETURN - CASE NO: 2003-06434 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK MINNESOTA VS BRETZ FRAiqK L JR AKA FRAiqK BRE REGULAR VALERIE WEARY , Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE BRETZ FRAi~K L JR AKA FP3~NK BRETZ JR DEFENDANT , at 1019:00 HOURS, at 228 STATE STREET ENOLA, PA 17025 PAULA CARUSO, GIRLFRIEND, a Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 15th day of December , 2003 by handing to ADULT IN CHARGE together with true and attested copy of COMPLAINT - MORT FORE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this /~ day of ~~~ ~6~ r A'D' So Answers: R. ~homas Kline 12/16/2003 FEDERMAN & PHELAN By: De~DUt~y S~heri~/~ FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 ¢215) 563-7000 WELLS FARGO BANK MINNESOTA, N.A., AS : TRUSTEE FOR REGISTERED HOLDERS OF : OPTION ONE MORTGAGE LOAN TRUST 2001- : B, ASSET-BACKED CERTIFICATES, SERIES : 2001-B 6501 IRVINE CENTER DRIVE IRVINE, CA 92618 Plaintiff, FRANK L. BRETZ JR. AfFdA FRANK BRETZ JR. Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-6434 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against FRANK L. BRETZ JR. A/K/A FRANK BRETZ JR., Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 12/11/03 to 1/21/04 TOTAL $53,634.97 $665.28 $54,300.25 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: d/:,~ PRO PROTHY FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (715) 56'~-7000 WELLS FARGO BANK MINNESOTA, N.A., AS TRUSTEE FOR REGISTERED HOLDERS OF OPTION ONE MORTGAGE LOAN TRUST 2001-B, ASSET- BACKED CERTIFICATES, SERIES 200 I-B Plaimiff FRANK L. BRETZ, JR. A/I(dA FRANK BRETZ, JR. Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CML DMSION : CUMBERLAND COUNTY : NO. 03-6434 CML TERM TO: FRANK L. BKETZ~ JR. A/K/A FRANK BRETZ, JR. 228 STATE STREET ENOLA, PA 17025 DATE OF NOTICE: JANUARY 6. 2004 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 PROM 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 TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WnRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF'S RETURN CASE NO: 2003-06434 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK MINNESOTA VS BRETZ FRANK L JR AKA FRANK BR~ - REGULAR VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BRETZ FRANK L JR AKA FRANK BRETZ JR the DEFENDANT , at 1019:00 HOURS, on the 15th day of December , 2003 at 228 STATE STREET ENOLA, PA 17025 by handing to PAULA CARUSO, GIRLFRIEND, ADULT IN CHARGE 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 10.35 Affidavit .00 Surcharge 10.00 38.35 Sworn and Subscribed 5o before me this day of So Answers: R. Thomas Kline 12/16/2003 FEDE~ & PHELAN Prothonotary FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK MINNESOTA, N.A., AS TRUSTEE FOR REGISTERED HOLDERS OF OPTION ONE MORTGAGE LOAN TRUST 200l- B, ASSET-BACKED CERTIFICATES, SERIES 2001-B 6501 IRVINE CENTER DRIVE Pialntiff, FRANK L. BRETZ JR. A/FdA FRANK BRETZ JR. Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-6434 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service 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 FRANK L. BRETZ JR. A/FdA FRANK BRETZ JR. is over 18 years of age and resides at, 228 STATE STREET, ENOLA, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff LEGAL DESCRIPTION AIL THAT CERTAIN piece or pareel of lend s~ ~n d~ Ea~ Peensboro Township, Cumberland Corinth, Pennsylvania, more partJculm'ty bounded and dc~ribe~ a~ follows: BEGINNING at a poim on the South side of State Street. being the partition lln~ of Nos. 228 :md 230 Stat~ Steoet; ~ South tldrty-four (34) dcgn~s Fast ~m thc cc~fgr line ot*pa~ition of No. 228 and 230 Sine S~'ec~. ~ thru thc cc~f Linc of an out~idc toUct, di~mcc scvonry-thrcc C/3) feet to a point; thence ,South three (3) degrees/ifleen (15) minw,~s West, dist~ce thirteen (1:~) fee~ to a point; thence gouth eigb~/.alx (86) degrees fi/teen (15) minutes East, distance three and one-tenth C3 1/10) lea to the cotter of a garage; thence South tt~ee (3) degrees, ~ (15) minut~ Wes~ alang thc rear ora garage, distance cloven (11) feet to a point; tlonce Non~ eighty-six (86) dng~eas, rilteen (1~) minutes West bctweea gaffeS, ~mce ~wonty4wO and sove~-gattl~ (22,7) foot to a point on dg l~t aide of Nor~ Third Street; d~ence South three (3) degtce~, fifteen (15) ~ West atong ~e East side of N0r~ Third b~eet disumce dfirty-t*wo and five-~en~hs (32.5) bet to a point on tho Nortlea~ comer of Nortl Third &met 1~4 Nor~ Strea; thence South eighty-six (86) degrees, fifty (50) mtm~ R~st atong North side o1' North ~treet, a distance tltineen -and six-toml~ (13.6) feet; fleece North thirty-four (34) dcgrees~ thirty (30) ~ Falg aloag tho West ~ of the M¢~ailo propetw, di~tancg cms hundred tw~ty-eight (128) feet to a point on the South line of,qtate .g~reet, Nord~ flfty-eigh£ (58) degrees, thirty 00) minut~ West distance twemy-six and niuet~-five hund~tths (26.95) f~et to a point th~ place of b~.'nnlng. BEING a poffion of Lo~ 6 and 7 in Mays Addition to tlc Borough of West Pnirview, Cumberland Coe. nty, Pennsylvania, and having Ihctcon crcctcd a two stoP/ frnmc dwelling housc and (2) framc gat'age~, knawn as Ntmfhe~ 228 State Sa'eeL TITLE TO SAIl) pgTO¢lIg ,F..2 IS VBSTF~ llq F-rank L. Breg, ~%. by Deed from Frank and N. Dcnnig Br~z, ts joim tcnam, s with the right of sm-vivorahip dated 1126/2001 and 6/26/2001 in Record Book 247 Page 571. PROPERTY ADDRESS: 228 STATE STREET, ENOLA, PA 17025 TAX PARCEL: #45-17-1044-194 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WELLS FARGO BANK MINNESOTA, N.A,, AS TRUSTEE FOR REGISTERED HOLDERS OF OPTION ONE MORTGAGE LOAN TRUST 2001- B, ASSET-BACKED CERTIFICATES, SERIES 2001-B Plaintiff, V. FRANK L. BRETZ ~ A/K/A FRANK BRETZ JR. No. 03-6434 CIVIL TERM Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 1/21/04 to JUNE 9, 2004 (per diem -$8.93) TOTAL $54,300.25 $1,250.20 and Costs $55,550,45 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. LEGAL DESCRIPTION ALL TIIAT CF, RTAIN piece or parcel ef land sitttacc in tl~ Eas~ Pcnnsboro Town~ip, Cumberland County, Pcm~'lvania, more particalnrly bounclc~l and described ns follows: I]EGINNING at a poim on the South side of State. Street, being th~ partition linc of Nos. 228 and 230 Sta~ Street; ~ Somh thirty-four (34) degrees E. ast Sm thc center line of partitio~ of No. 228 ami 230 State Street. als0 ~ the ~ ~ of an outside miL't, ~ scvcnty.-ttt~c (73) fc~-I to a point; the~ South thr~e (3) degrees fift~n (15) minings Wesl, ~ tllirteea (13) feel to a point; thence South eighty, six (86) degrcen tift~n (15) minua~ East, distance thr~e and 0~ne-tenth (3 1/10) fe~ to the corner of a garage; thence South three (3) degrees, fifteen (15) minmes West a~--5 the rear ofa g~rage, d~nce e~eveal (11) feet to a point; thcoce North eighty-six (86) degrees, ftRe~n (1.5) minut~ W~st Igtw~n garages, dls~ce twenty-two ~ sewa~tenths (22,7) fe~ to a point on thc l~st sid~ of North Third Street; t~ence South ~hree (;~) degrees, fifteen (15) min~tes West along ttt~ East side of North Third ~eet distance thir0,-two and fiv~-temhs (32.5) fe~t to a point on tho Notthe. as~ corner of North Third &reef and North Street; ~hence Sonth eighty-six (86) degrees, fifty (50) minutes F. ast along North side of North Street, a distance thirteen and six-lentlts (13.6) feet; thence North thitw-four (34) degrees. thirty O0) minutes ~ag along the We~ _li___ne_ of the Metallo pxopetty, di~mcg on~ humlg~ tvamty-gigin (128) feet to apoint on the South line o[ Sta~e Street, North tift"j-eight (58) degrees, thirty (30) minings West dist~ce twemy-sig and nhtety-five hundredths (26.95) ft~a to a point the place of b~gia-i~. BEING a posen of Lots 6 and 7 Jn Mays Addition to the Borough of West Fairvi. ev¢, Orm~erlend County, Pennsylvania, and ~tving thor,'on erected a two story frame dwelling h~ ami (2) frame garages, known as Numl~r 228 .%'ta~e Street. TITLE TO SAID PI~FAHSF..S iS VESTED.IN Frank L. Breu. Sr. by Deed from Frank L. Brcu argl N. Dennis Brctz, as joi.t lenants wi~ th= right of survivo~ dated 1/26/2001 and ~cord~ 6/26/2001 in Record l]ook 247 Page 571. PROPERTY ADDRESS: 228 STATE STREET, ENOLA, PA 17025 TAX PARCEL: #45-17-1044-194 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-6434 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due VVELLS FARGO BANK MINNESOTA, N.A., AS TRUSTEE FOR REGISTERED HOLDERS OF OPTION ONE MORTGAGE LOAN TRUST 2001- B, ASSET-BACKED CERTIFICATES, SERIES 2001-B, Plaintiff (s) From FRANK L. BRETZ JR. A/FdA FRANK BRETZ JR (1) 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 defe~dant (s) or otherwise disposing thereof; (3) If property 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 hirrffher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $54,300.25 L.L. $.50 Interest FROM 1/21/04 TO 6/9/04 (PER DIEM - $8.93) - $1,250.20 AND COSTS Atty's Corem % AttyPaid $120.35 Plaintiff Paid Date: JANUARY 26, 2004 (Seal) Due Prothy $1.00 Other Costs CURTIS R. LONG Prothono~ REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 Deputy WELLS FARGO BANK MINNESOTA, N.A., AS : TRUSTEE FOR REGISTERED HOLDERS OF : OPTION ONE MORTGAGE LOAN TRUST 2001- : B, ASSET-BACKED CERTIFICATES, SERIES : 2001-B : Plaintiff, : FRANK L. BRETZ JR. A/K/A FRANK BRETZ JR. CUMBERLAND COUNTY No. 03-6434 CIVIL TERM Defendant(s). January 21, 2004 TO: FRANK L. BRETZ JR. A/KJAFRANK BRETZ JR. 228 STATE STREET ENOLA, PA 17025 ENOLA, PA 17025 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN A GAINST PROPERTE * * Your house (real estate) at, 228 STATE STREET, ENOLA, PA 17025, is scheduled to be sold at the Sheriffs Sale on JUNE 9, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $54,300.25 obtained by WELLS FARGO BANK MINNESOTA, N.A., AS TRUSTEE FOR REGISTERED HOLDERS OF OPTION ONE MORTGAGE LOAN TRUST 2001-B, ASSET-BACKED CERTIFICATES, SERIES 2001-B (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: 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. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner 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 flied with the Sheriffwithin 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, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL TIIAT CERTAIIq piece or ~ of land situst~ in thc Eau Pe~nsboro Town~ip, Cumbe~lan4 Cmmly, Pvnnnylvania, ng~re pn~icul~rly bmmded and de. scribed as follows: BEGINNING st a p~m o~ ~ Soufl~ side of S~ Su~et b~ ~ ~n 1~ ~ Nos. ~8 ~ ~0 $~e ~ ~ S~ ~-f~ (34) ~s ~ ~m thc c~r li~ of ~i~on or No. 228 ~ ~ ~ th~ (3) ~g~e fi~ (15) ~ W~, ~a~ ~ (13) ~ m e ~= ~e ~u& ~-~ (~) ~gr~e ti~ (15) m~ ~ ~m~ &~ a~ ~ (3 1110) f~ m &e ~ of a ~o; ~ ~u~ ~ ~) de~, ~ (l~ ~ W~ ~ ~ ~ of a d~ ~ (Il) ~ ~ n ~im; t~ N~ ~8~ix (86) ~, fl~n (15) m~ W~ ~ S~m; ~n~ ~ ~ O) ~, ~e~ (1~ ~ West a~ ~ ~ s~e of N~ T~ ~ ~ ~o ~ five~cn~ (32.5) ~ m a ~t ~ ~ N~ ~r of thi~ ~) ~ ~ ~ ~e W~ ~ ~ ~ Mo~ ~, d~ ~ ~ (1~) ~ m a ~ on ~e ~ lira o~ Sn~ ~, Nor~ fi~ight (58) ~, thi~ (~) BEING a poaton of Lots 6 and 7 iR Mays Additio~ to the Borough of Weo~t Fnirview, Cumberland C. aonty, ~*ylvania, and having Ih~con crcc~d a two sto~ frame dwelling hnttsc and (2) fr~tmc garages, known n~ Nmn..l~r 228 State S~eeL TITLE TO .~AID PRI{MISF_~ IS V~ST~T) ]N Frank L. Breu, ~. by Deed from Frank L. Brctz and N, Dc, imi.~ B~, as johst tenan~ with th~ fight of survi~ dated 112612001 and recorded 6/2612001 in Reco~ I~ook 247 Page 571. PROPERTY ADDRESS: 228 STATE STREET, ENOLA, PA 17025 TAX PARCEL: #45 - 17-1044-194 WELLS FARGO BANK MINNESOTA, N.A., AS TRUSTEE FOR REGISTERED HOLDERS OF OPTION ONE MORTGAGE LOAN TRUST 2001- B, ASSET-BACKED CERTIFICATES, SERIES 2001-B Plaintiff, FRANK L. BRETZ JR. A/K/A FRANK BRETZ JR, De~nda~(~. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-6434 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO BANK MINNESOTA, N.A., AS TRUSTEE FOR REGISTERED HOLDERS OF OPTION ONE MORTGAGE LOAN TRUST 2001-B, ASSET-BACKED CERTIFICATES, SERIES 2001-B, 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 ,228 STATE STREET, ENOLA, PA 17025. 1. Name and address of 0Whet(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) FRANK L. BRETZ JR. A/K/A FRANK BRETZ JR. 228 STATE STREET ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Nanle PA HOUSING FINANCE AGENCY 5. Name and address of every other person who Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 2101 NORTH FRONT STREET HARRISBURG, PA 17110 has any record lien on the property: 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 228 STATE STREET ENOLA, PA 17025 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C,S. Sec. 4904 relating to unsworn falsification to authorities. January 21. 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff WELLS FARGO BANK MINNESOTA, N.A., AS TRUSTEE FOR REGISTERED HOLDERS OF OPTION ONE MORTGAGE LOAN TRUST 2001- B, ASSET-BACKED CERTIFICATES, SERIES 2001-B Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-6434 CIVIL TERM FRANK L. BRETZ JR. A/K/A FRANK BRETZ JR. : AND pNE d4 Defendant(s). ~'~ g~c~ ~i ~': ~ ~F~AVIT P~SU~T TO RULE ~.1~ ~.~ ~i:~ (Affidavit No: ~.:. c~'~i~q[ ~ ~.k ~?~ ~ ' ~LLS F~GO B~K MINNESOTA, N.A., AS TRUSTEE FOR ~GISTE~D HOLDE~ OF OPTION ONE MORTGAGE LO~ TRUST 2001-B, ASSET-BAC~D CERTI~CATES, SE~ES 2001-B, Plaintiffin ~e above action, by its aRomey, F~ FEDE~, ESQU~, sets fo~h ~ of the date the Praecipe for ~e Writ of Execution was filed ~e following info~ation concerning the real prope~y located at ,228 STATE ST~ET, ENOLA, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) FRANK L. BRETZ JR, A/K/A FRANK BRETZ JR. 228 STATE STREET ENOLA, PA 17025 2, Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Nanle None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PA HOUSING FINANCE AGENCY 2101 NORTH FRONT STREET HARRISBURG, PA 17110 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) Noue 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 228 STATE STREET ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or haformation and belief. 1 understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unswom falsification to anthor/ties. January 21, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PI-IILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK MINNESOTA, N.A., AS TRUSTEE FOR REGISTERED HOLDERS OF OPTION ONE MORTGAGE LOAN TRUST 2001~ B, ASSET-BACKED CERTIFICATES, SERIES 2001-B Plaintiff, FRANK L. BRETZ JR. A/K/A FRANK BRETZ JR. Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-6434 CIVIL TERM CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK MINNESOTA, N.A., AS TRUSTEE FOR REGISTERED HOLDERS OF OPTION ONE MORTGAGE LOAN TRUST 2001-B, ASSET-BACKED CERTIFICATES, SERIES 2001-B VS. FRANK L. BRETZ JR. AflK/A FRANK BRETZ JR. ) CIVIL ACTION CIVIL DIVISION NO. 03-6434 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for WELLS FARGO BANK MINNESOTA~ N.A. AS TRUSTEE FOR REGISTER.ED HOLDERS OF OPTION ONE MORTGAGE LOAN TRUST 2001-B~ ASSET-BACKED CERTIFICATES~ SERIES 2001-B hereby verify that on January 28~ 2004 & April 2, 2004 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. DATE: Apdl 5, 2004 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN AND PHELAN, L.L.P. One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Main Fax 215-563-5534 April 5, 2004 Office of the Prothonotary CUMBERLAND County Courthouse WELLS FARGO BANK MINNESOTA, N.A., AS TRUSTEE FOR REGISTERED HOLDERS OF OPTION ONE MORTGAGE LOAN TRUST 2001-B, ASSET-BACKED CERTIFICATES, SERIES 2001-B v. FRANK L. BRETZ JR. A/K/A FRANK BRETZ .JR. CUMBERLAND County, No. 03-6434 CIVIL TERM Dear Sir, Please file the enclosed AMENDED affidavit(s) in reference to the above captioned matter(s). Kindly return the attorney copy(s) in the self addressed stamped envelope that has been provided for your convenience. Thank you for your cooperation. Yours truly, ~. Allmond for Federman and Phelan L.~I IT(/ WELLS FARGO BANK MINNESOTA, N.A., AS : TRUSTEE FOR REGISTERED HOLDERS OF : OPTION ONE MORTGAGE LOAN TRUST 2001- : B, ASSET-BACKED CERTIFICATES, SERIES : 2001-B : Plaintiff, : FRANK L. BRETZ JR. A/K/A FRANK BRETZ JR. Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIV]IL DIVISION NO. 03-6434 CIVIL TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO BANK MINNESOTA~ N.A.~ AS TRUSTEE FOR REGISTERED HOLDERS OF OPTION ONE MORTGAGE LOAN TRUST 2001-B~ ASSET-BACKED CERTIFICATEs~ SERIES 2001-B., 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 ~228 STATE STREET, ENOLA~ PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) FRANK L. BRETZ JR. A/K/A FRANK BRETZ JR. 228 STATE STREET ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: SaBle BELCO COMMUNITY CREDIT UNION Last Known Address (if address cannot be reasonably ascertained, please indicate) 403 N. SECOND ST., PO BOX 82 HARRISBURG, PA 17025 4. Name and address of last recorded holder of every mortgage of record: SalTle Last Known Address (if address cannot be reasonably ascertained, please indicate) PA HOUSING FINANCE AGENCY 2101 NORTH FRONT STREET HARRISBURG, PA 17110 5. Name and address of every other person who has any record lien on the property: Nanle 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 228 STATE STREET ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, iPA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. April 5, 2004 DATE FRANK FEDEIJ, MAN, ESQUIRE Attomey for Plaintiff o~ ~,, $ 0.1.200 0004300377 I ~ ,~ ~A,~,.~ 2004 MAILED FROM ZIPCODE 191 '33 ~.'~ P°~i 0004300377 ' MAJ,.ED FROM ZIP 00.90o 0~ 2984 FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Wells Fargo Bank Minnesota, N.A., as Trustee for Registered Holders of Option One Mortgage Loan Trust 2001-B, Asset-Backed Certificates, Series 2001-B vs. Frank L. Bretz, Jr. A/K/A Frank Bretz, Jr. ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 03-6434 ~RAECIPE FOR RULE TO SHOW CAUSF TO THE PROTHONOTARy: Kindly enter a Rule upon Frank L. Bretz, Jr. A/K/A Frank Bretz, Jr. Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. aniel G. Schmieg, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Wells Fargo Bank Minnesota, N.A., as Trustee for Registered Holders of Option One Mortgage Loan Trust 2001-B, Asset-Backed Certificates, Series 2001-B vs. Frank L. Bretz, Jr. A/K/A Frank Bretz, Jr. ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-6434 AFFIDAVIT OF SERVICE Daniel G. Schmieg, Esquire, hereby certifies tlhat a copy of Plaintiff,s Petition for Reassessment of Damages have been sent to the individuals indicated below on 6pril 21, 200~. Frank L. Bretz, Jr. A/K/A Frank Bretz, Jr. 228 State Street Enola, PA 17025 DATE: April 21, 2004 Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDERMAN~uND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Wells Fargo Bank Minnesota, N.A., as Trustee for Registered Holders of Option One Mortgage Loan Trust 2001-B, Asset-Backed Certificates, Series 2001-B vs. Frank L. Bretz, Jr. A/K/A Frank Bretz, Jr. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION : NO. 03-6434 PLAINTIFF,S PETITION FOR ~n~m~NT OF DAMAG~; Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, moves the Court to direct the Prothonotary to reassess the damages in this matter, and in support thereof avers the following: 1. Complaint in Mortgage Foreclosure was filed on December 12, 2003. 2. Judgment was entered against Defendant(s) on January 26, 2004 in the amount of 54,300.25. 3. The mortgaged premises are listed for Sheriff's Sale on June 9, 2004. 4. Additional sums have been incurred or expended on Defendant(s), behalf since the Complaint was filed and Defendant(s) have been given credit for any payments that have been made since the judgment, if any. The amount of damages should now read as follows: Principal Balance Interest Amount April 1, 2003 through June 9, 2004 Per Diem $15.84 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Property Inspections MIP/PMI NSF Fees Suspense/Misc. Credits Appraisal/BPO Escrow Credit Deficit TOTAL 46,827.58 6,736.02 209.19 1,250.00 1,112.00 0.00 144.00 76.31 0.00 (0.00) 115.00 0.00 1,697.72 $58,178.32 5. Under the terms of the mortgage, which mortgage is recorded in the Office of the Recorder of Deeds in Book (#1724), Page (#392), Plaintiff is entitled to judgment in the amount as set forth in paragraph four herein against the Defendant(s). WHEREFORE, Plaintiff respectfully requests this Honorable Court issue an Order to the Prothonotary to reassess the damages as set forth above. By:FE~' L.L.P. D~n~el G. Schmieg, Attorney for Plaintiff -2- FEDERMA~NA/~D PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Wells Fargo Bank Minnesota, N.A., as Trustee for Registered Holders of Option One Mortgage Loan Trust 2001-B, Asset-Backed Certificates, Series 2001-B vs. Frank L. Bretz, Jr. A/K/A Frank Bretz, Jr. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 03-6434 BRIEF OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS na~_~GE~ I. BACKGROUND OF CASE Plaintiff and Defendant(s) entered into a Promissory Note and Agreement, wherein Defendant(s) agreed to pay Plaintiff principal, late charges, real estate taxes, hazard insurance premiums and insurance premiums as said monies became due. In turn, Plaintiff,s Note was secured by a mortgage on the subject premises. The Mortgage Agreement indicates that in the event Defendant(s) defaults, Plaintiff may pay any necessary obligations in order to protect its collateral, the subject premises. In the case sub indicia, Defendant(s) failed to abide by the Mortgage Agreement by failing to tender numerous, promised monthly mortgage payments. Accordingly, after Plaintiff determined that Defendant(s) were not going to cure the default and bring the loan current, Plaintiff commenced a Mortgage Foreclosure Action. Mortgage interest, mortgage Judgment was subsequently entered by the Court, and the subject property is scheduled for Sheriff,s Sale. Because of the excessive period of time between the initiation of the Mortgage Foreclosure Action, the entry of Judgment and the Sheriff,s Sale date, damages as previously assessed by the Court are outdated and must be increased to include current interest, real estate taxes, insurance premiums, and other expenses which Plaintiff has been obligated to pay under the Mortgage Agreement in order to protect its interest. II. .ARGUmenT FOR REASS~.~_._N~T OF DA~AGE~ The Pennsylvania Rules of Civil Procedure are silent with respect to the issue of Reassessment of Damages; however, Rule 1037 provides, "the Prothonotary shall assess damages for the amount which Plaintiff is entitled if it is a sum certain or which can be made certain by computation...,, In the instant case, the amount to which Plaintiff is entitled is readily calculated by review of the Mortgage Agreement, which is of record, together with the Complaint which specifically lists the items chargeable. Clearly, if Rule 1037 gives the Prothonotary the right to assess damages for the amount to which Plaintiff is entitled as set forth in the Complaint, the Court has similar power to reassess damages at a later date. In addition, Rule 1037(a) provides that the Court, on motion of a party, may enter an appropriate judgment against a party upon default or admission. If the Court has the power to enter judgment, it certainly has the power to do a lesser act, to wit, reassess damages. It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments Sec. 191. See also, Stephenson v. Butts, 187 Pa. Super 55, 59, 142 A.2d 319, 321 (1958); Chase Home Mortqaqe Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa. Super 1988). In Chase Home Mortqage, the Court stated that where a judgment has been assessed following defendant,s failure to file a responsive pleading in a mortgage foreclosure action, a mortgagee "...could properly move the court to amend the judgment to add additional sums due by virtue if the mortgage,s failure to comply with the terms of the mortgage agreement...,, Id. at 24. Because a judgment in mortgage foreclosure is strictly in reg, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. See Meco Reality Company v. Burn~, 414 Pa. 495, 200 A.2d 335 {1971). Plaintiff submits that if Plaintiff went to sale without reassessing damages, and if there was competitive bidding for the subject premises, Plaintiff would suffer irreparable harm in that it would not be able to recoup monies it paid to protect its interest. Conversely, a reassessment of damages will not be detrimental whatsoever to Defendant(s) as it imputes no personal liability. The Supreme Court of Pennsylvania found in the Landau v. Western Pa. Nat. Bank case that the debt owed on a mortgage chan~es and can be expected to change from day to day, because Western Pennsylvania must pay expenses for the property in order to protect its collateral. 445 Pa. 117, 282 A.2d 335 (1971). Because a mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. See Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Therefore, Plaintiff respectfully submits that if the enforcement of its rights are delayed by legal proceedings and enforcement of its judgment, and such delays require the mortgagee to expend additional sums pursuant to the Mortgage, then said expenses become part of the mortgagee's lien and should be included in said judgment. As the Court indicated in FNMA v. Jefferson, an unreported case a copy of which is attached hereto, since the charges enumerated in Plaintiff,s Motion for Reassessment of Damages were incurred pursuant to the Mortgage Agreement, and the mortgage had not yet been paid, said charges should be included in Plaintiff,s judgment amount. May Term, 1986, No. 2359 (CCP PHILA. 1986). iii. CONCLUSION Plaintiff respectfully requests this Honorable Court grant its Petition to Reassess Damages. Plaintiff respectfully submits that it has acted in good faith in maintaining the property in accordance with the Mortgage, and in reliance on said instrument with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests this Honorable Court to reassess the damages as set forth in the Petition to Reassess Damages. By:F~'L'P' ~ Da~el G. Schmieg, Esqul~-- Ateorney for Plaintiff ' ' <c~ -. - - ' 'Beca~c'-p [aia~< =f W~ r~uiced to accept cuc~-t - ! - VERIFICATION undersigned understands penalties of 18 Pa. authorities. Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Petition for Reassessment of Damages are true and correct to the best of his knowledge, information and belief. The that this statement herein is made subject to the C.S. §4904 relating to unsworn falsification to DATE: April 21, 2004 Daniel G. Schmieg, Esq%lire Attorney for Plaintiff FEDERM~/q AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 !215) 563-7000 Wells Fargo Bank Minnesota, N.A., as Trustee for Registered Holders of Option One Mortgage Loan Trust 2001-B, Asset-Backed Certificates, Series 2001-B ATTOP~NEY FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS .CIVIL DIVISION vs. Frank L. Bretz, Jr. A/K/A Frank Bretz, Jr. : NO. 03-6434 RU~E AND NOW, this ~ ~ day of ~ , 2004, a Rule is entered upon Frank L. Bretz, Jr. A/K/A Frank Bretz, Jr., Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. BY THE COURT:/~ FEDERM3LNAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Wells Fargo Bank Minnesota, N.A., as Trustee for Registered Holders of Option One Mortgage Loan Trust 2001-B, Asset-Backed Certificates, Series 2001-B vs. Frank L. Bretz, Jr. A/K/A Frank Bretz, Jr. ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 03-6434 CERTIFICATION OF SERVIC~ I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Rule Returnable Date of May 27th, 2004 and a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on May 7, 2004. Frank L. Bretz, Jr. A/K/A Frank Bretz, Jr. 228 State Street Enola, PA 17025 Date: May 7, 2004 F~ PHELAN, L.L.P By: ~- J Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDERM3tNAND PHELJkN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Wells Fargo Bank Minnesota, N.A., as Trustee for Registered Holders of Option One Mortgage Loan Trust 2001-B, Asset-Backed Certificates, Series 2001-B : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. : CIVIL DIVISION Frank L. Bretz, Jr. A/K/A Frank Bretz, Jr. : NO. 03-6434 MOTION TO MAKE RULE ABSOLU~E Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above captioned mortgage foreclosure action, and in support thereof, avers as follows: 1. That it is the Plaintiff in this action. 2. A Petition for Reassessment of Damages was filed with the Court on April 21, 2004 and Rule was entered upon Defendant(s) Frank L. Bretz, Jr. A/K/A Frank Bretz, Jr. on April 30, 2004 to show cause why the Order for Reassessment should not be entered. A true and correct copy of the Rule is attached hereto as Exhibit A. 3. The Rule to Show Cause was timely served upon all parties in accordance with the applicable Rules of Civil Procedure, and a Certification of Service is attached hereto B. 4. Defendant(s) failed to respond or otherwise plead to the Rule Returnable date of May 27, 2004 WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and enter the Order for Reassessment of Damages. FED~ ~D/~'HELAN, L.L.P. ~el 5. g~ch-~eg,/E'~ire Attorney for Pl~ff VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: June 1, 2004 DaW~el' G~. Schmieg, Es~'~e Attorney for Plaint~ FEDERMANkND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Wells Fargo Bank Minnesota, N.A., as Trustee for Registered Holders of Option One Mortgage Loan Trust 2001-B, Asset-Backed Certificates, Series 2001-B vs. Frank L. Bretz, Jr. A/K/A Frank Bretz, Jr. APR 2 8 2004 ATTOPCfEY FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS 'CIVIL DIVISION : NO. 03-6434 RULE AND NOW, this 30 ~ day of ~/~ , 2004, a Rule is entered upon Frank L. Bretz, Jr. A/K/A Frank Bretz, Jr., Defendant(s) to show cause why the attached Order for Reassessment of Damages shouldL not be entered. BY THE COURT: TRUE COPY FROM REC_,OP~ in Te~,rnony ~ereaf, i ~z,~ unto set my ha~ - o FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 /215) 563-7000 ATTORNEY FOR PLAINTIFF Wells Fargo Bank Minnesota, N.A., as Trustee for Registered Holders of Option One Mortgage Loan Trust 2001-B, Asset-Backed Certificates, Series 2001-B vs. ~L/ Bretz, Jr. Frank Bretz, Jr. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-6434 CERTIFICATION OF SERVI~t "~-- I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Rule Returnable Date of May 27ch, 2004 and a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on May 7, 2004. Frank L. Bretz, Jr. A/K/A Frank Bretz, Jr. 228 State Street Enola, PA 17025 Date: May 7, 2004 FEDERMAN AND PHELAN, L.L.P Daniel G. Schmieg, Esquire Attorney for Plaintiff ~D~N AND PHELAi~ NEY FILE COPY ~ RETURN FEDERMAN/~ND PHELAH, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Wells Fargo Bank Mirinesota, N.A., as Trustee for Registered Holders of Option One Mortgage Loan Trust 2001-B, Asset-Backed Certificates, Series 2001-B : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. : CIVIL DIVISION Frank L. Bretz, Jr. A/K/A Frank Bretz, Jr. : NO. 03-6434 ORDER AND NOW, this ~' day of ~4- 2004, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that the Rule entered upon Defendant(s) shall be and is hereby made absolute and Plaintiff's Petition is GRANTED and it is further ORDERED that the Prothonotary reassess the damages in this case as follows: Principal Balance Interest Amount April 1, 2003 through June 9, Per Diem $15.84 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Property Inspections MIP/PMI NSF Fees Suspense/Misc. Credits Appraisal/BPO Escrow Credit Deficit TOTAL 2004 $58, 46,827.58 6,736.02 209.19 1,250.00 1,112.00 0.00 144.00 76.31 0.00 (0.00) 115.00 0.00 697.7~ 178.32 Plus interest per diem from June 9, 2004 through Date of Sale at percent. NOTE: THE ABOVE FIGURE IS NOT A PAY OFF - SHERIFF'S SALE COSTS ~ COMMISSION ARE NOT INCLUDED IN THE ABOVE FIGURES. six (6%) FEDERMA=NA~ND PHELAN, LLP, by: Daniel G. Schmieg, Esquire Atty. I,D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1'799 (215) 563-7000 Wells Fargo Bank Minnesota, N.A., as Trustee for Registered Holders of Option One Mortgage Loan Trust 2001-B, Asset-Backed Certificates, Series 2001-B ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION vs. Frank L. Bretz, Jr. A/K/A Frank Bretz, Jr. NO. 03-6434 MOTION TO MAKE RULE ABSOLUTE Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above captioned mortgage foreclosure action, and in support thereof, avers as follows: That it is the Plaintiff in this action. A Petition for Reassessment of Damages was filed with the Court on 2004 and Rule was entered upon Defendant(s) Frank L. Bretz, Jr. Jr. on ADril 30, 2004 to show cause why the Order for A true and correct copy of the Rule is _April 21, A/K/A Frank Bretz, was timely served upon all parties in Reassessment should not be entered. attached hereto as Exhibit A. 3. The Rule to Show Cause accordance with the applicable Rules of Civil Procedure, and a Certification of Service is attached hereto B. 4. Defendant(s) failed to respond or otherwise plead to the Rule Returnable date of May 27, 2004 . WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and enter the Order for Reassessment of Damages. Attorney for Pl~ff V~RIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. CvS. §4904 relating to unsworn falsification to authorities. DATE: June 1, 2004 Attorney for Plaint~ Exhibit A APR 26 FEDERM3~NAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Wells Fargo Bank Minnesota, N.A., as Trustee for Re!Fistered Holders of Option One Mortgage Loan Trust 2001-B, Asset-Backed Certificates, Series vs. Frank L. Bretz, Jr. A/K/A Frank Bretz,. ATTOP~NEY FOR PLAINTIFF : CUMBERL~/ND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION Jr. : NO. 03-6434 AND NOW, this 30 ~ day of ~/~ 2004, a Rule is entered upon Frank L. Bretz, Jr. A/K/A Frank Bretz, Jr., Defendant{s) to show cause why the attache~l Order for Reassessment of Damages should not be entered. BY THE COURT: Exhibit B FEDERMANA/qD PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 622(]5 One Pen_~ Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Wells Fargo Bank Minnesota, N.A., as Trustee for Registered Holders of Option One Mortgage Loan Trust 2001-B, Asset-Backed Certificates, Series 2001-B vs. ~'L., Bretz, Jr. Frank Bretz, Jr. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION : NO. 03-6434 CERTIFICATION OF SERVICE ~. I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the ~Rule Returnable Date of May 27ch, 2004 and a copy Of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on Frank L. Bretz, Jr. ~]=? _ . A/K/A Frank Bretz, Jr. · 228 State Street ~. . ~ Enola, PA 17025 Date: May 7, 200~ FEDERM~/~ AND PHELAN, L.L.P Daniel G. Schmie9, Esquire Attorney for Plaintiff AND PHELAi NEY FILE COPY RETURN COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the SherifFs Deed in which Option One Mtg Loan Trust 2001-B Tr is the grantee the same having been sold to said grantee on the 9th day of June A.D., 2004, under and by virtue of a writ Execution issued on the 26th day of Jan, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 6434, at the suit of option One Mtg Loan Trust 2001-B Tr against Frank L Bretz Jr aka Frank Bretz Jr is duly recorded in Sheriff's Deed Book No. 263, Page 3882. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this b/~' day of '~-. , ~ , A.D2004 Recorder of Deeds Wells Fargo Bank Minnesota, N.A., as Trustee for Registered Holders of Option One Mortgage Loan Trust 2001-B, Asset Backed Certificates, Series 2001-B VS Frank L. Bretz Jr. a/k/a Frank Bretz, Jr. In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-6434 Civil Term Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on February 17, 2004 at 8:03 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Frank L. Bretz Jr. a/k/a Frank Bretz Jr., by making known unto Frank L. Bretz, Jr., personally, at 228 State Street, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2004 at 7:55 o'clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Frank L. Bretz Jr. a/k/a Frank Bretz Jr. located at 228 State Street, Enola Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Frank L. Bretz Jr. a/k/a Frank Bretz Jr., by regular mail to his last known address of 228 State Street, Enola, PA 17025. This letter was mailed under the date of April 06, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 9, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for Wells Fargo Bank Minnesota, N.A., as Trustee for Registered Holders of Option One Mortgage Loan Trust 200 l-B, Asset- Backed Certificates, Series 2001-B. It being the highest bid and best price received for the same, Wells Fargo Bank Minnesota, N.A., as Trustee for Registered Holders of Option One Mortgage Loan Trust 2001-B, Asset-Backed Certificates, Series 2001-B of 6501 Irvine Center Drive, Irvine, CA 92618 being the buyers in this execution, paid to SheriffR. Thomas Kline the sum of $1,035.36. Sheriffs Costs: Docketing $30.00 Poundage 20.30 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 22.08 Levy 15.00 Surcharge 20.00 Law Journal 395.60 Patriot News 367.12 Share of Bills 29.26 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 1,035.36 Sworn and subscribed to before me This 6, '~ day of (~ 2004, A.D.~/~- r 'erotnonotary R. Thomas Kline, Sheriff Real Estat~'~)eputy WELLS FARGO BANK MINNESOTA, N.A., AS .TRUSTEE FOR REGISTERED HOLDERS OF OPTION ONE MORTGAGE LOAN TRUST 2001- B, ASSET-BACKED CERTIFICATES, SERIES 2001-B Plaintiff, V. FRANK L. BRETZ JR. A/K/A FRANK BRETZ JR. Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CML DIVISION NO. 03-6434 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO BANK MINNESOTA~ N.A, AS TRUSTEE FOR REGISTERED HOLDERS OF OPTION ONE MORTGAGE LOAN TRUST 2001-B~ ASSET-BACKED CERTIFICATES~ SERIES 2001-B, Plaintiffin the above action, by its attorney, FRANK FEDERMAN, ESQLgRE, sets forth as of the date the Praecipe for the Writ of Execution was filed thc following information concerning the real property located at ~228 STATE STREET~ ENOLA~ PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) FRANK L. BRETZ JR. A/K/A FRANK BRETZ JR. 228 STATE STREET ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Salne Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Narfle Last Known Address (if address cannot be reasonably ascertained, please indicate) PA HOUSING FINANCE AGENCY 2101 NORTH FRONT STREET HARRISBURG, PA 17110 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 may be affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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: Nanle Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 228 STATE STREET ENOLA, PA 17025 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. January 21, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff WELLS FARGO BANK MINNESOTA, N.A., AS : TRUSTEE FOR REGISTERED HOLDERS OF : OPTION ONE MORTGAGE LOAN TRUST 2001- : B, ASSET-BACKED CERTIFICATES, SERIES : 2001-B Plaintiff, FRANK L. BRETZ JR. A/K/A FRANK BRETZ JR. CUMBERLAND COUNTY No. 03-6434 CIVIL TERM Defendant(s). January 21, 2004 TO: FRANK L. BRETZ JR. A/K/AFRANK BRETZ JR. 228 STATE STREET ENOLA, PA 17025 ENOLA, PA 17025 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT, B UT ONLY ENFORCEMENT OF A LIEN AGAINST PROPER724 ** Your house (real estate) at ~ 228 STATE STREET~ ENOLA~ PA 17025~ is scheduled to be sold at the Sheriffs Sale on JUNE 9~ 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $54~300.25 obtained by WELLS FARGO BANK MINNESOTA~ N.A.~ AS TRUSTEE FOR REGISTERED HOLDERS OF OPTION ONE MORTGAGE LOAN TRUST 2001-B~ ASSET-BACKED CERTIFICATES~ SERIES 2001-B (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 SheriWs Sale, you must take immediate action: 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. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTI-IFR RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe 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 Sheriffgives 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, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN piece or pm~ei of land situa~ ~n ~ Hast Pe~nsboto Township, Cum~l~md County, Pcnn~h, ani~, more pm~dculn~ty bmmdcd snd dc.scribed n~ follows: BEGINNING nta poim on the Sou~ side of Stnte Street~ ~ ~ ~n l~ ~ Nos. ~8 ~ ~ ~ S~ ~ S~ ~-f~ ~4) ~s ~ ~m thc c~r li~ og~n of No. 2~8 ~ ~ ~ t~ (~) ~g~s fi~ (15) ~ W~, ~ ~ (13) ~ m n ~: ~e ~ ~-~ (~) ~gr~s fi~ 05) mi~ ~ ~ ~ ~ ~ ~ 1/10) f~ m ~e ~ ~; ~n~ ~ ~ (3) ~, ~e~ (1~) ~ W~t a~ ~ ~ s~e of N~ T~ ~ ~ ~o ~ fivc~c~ (32.5) ~ m a ~ ~ ~c N~ ~r of ~of N~ SU~. a ~ ~ ~d ~ 03.5) ~; t~,~ No~ ~-~r (~) ~NO n Ix)dion of Lo~ 6 ~mci 7 Jn Mays Addition to the Borough of We~'t Pnirview, Orm~asl Com~/. Penn~ylvnnln= and lmving thc'con ©rect~d a two story fmmc dwelling htmsc nnd (2) frame gat-nges, known ns Nm'nl~r 228 Stnte Street. TITLt~ ~ ~l),,1~J~ ~ ~ l~ank L. ~u, ~r, by De~[ ~om F~nk L. Brct~ mx/N, Dennis Btetz, n-~ jobst ~tmn~ with the right of sm~vot~ dated 1/26/2001 and ~eco~ded 6/26/2001 in ~ Book 247 Ps~e 571_ PROPERTY ADDRESS: 228 STATE STREET, ENOLA, PA 17025 TAX PARCEL: #45-17-1044-194 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-6434 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK MINNESOTA, N.A., AS TRUSTEE FOR REGISTERED HOLDERS OF OPTION ONE MORTGAGE LOAN TRUST 2001- B, ASSET-BACKED CERTIFICATES, SERIES 2001-B, Plaintiff (s) From FRANK L. BRETZ JR. A~JA FRANK BRETZ JR (1) 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) If property of the defendant(s) ~mt levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garmshee and is enjoined as above stated. AmountDue $54,300.25 L.L. $.50 Interest FROM 1/21/04 TO 6/9/04 (PER DIEM - $8.93) - $1,250.20 AND COSTS Atty's Corem % Due Prothy $1.00 Atty Paid $120.35 Other Costs Plaintiff Paid Date: JANUARY 26, 2004 (Seal) CURTIS R. LONG Prothono, J~fy Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 Real Estate Sale #10 On February 13, 2004 the sherifflevied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 228 State Street, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 13, 2004 By: ./~ ~c)~aX~(~ Real Estat~Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The n t i -N 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 27th day(s) of April and the 4th and 11th day(s) of May 2004. 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 Co~nly of Dauphin ~n M~scellaneous Book M, Volume 14, Page 317. PUSUC^ o. ....... COPY Sworn ,o'~";~bscr~ ~ o.,f~a~( ~ .. REALE~I'ATE~I&I. ENe;10 ~ Terry L , W'I~¢~I~'~114~4 i City °t H°rdsbur-g' .Doup~' 1~°~¢0~06 1 NOTARY PU.LIC I N~¥Com~l . ,-~ clationolNotarfl~ commission expires June 6, 2006 ~ et'~O~l? CUMBERLAND COUNTY SHERIFFS OFFICE LeenTru~ ~01-~, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 367.12 Cost Receipt for Advertising ......................... nd The S nd P tri t-N w , newspapers of general ~ro~;h~Oan~~ifies that the same have By .................................................................... (73) feet to a point; thence South three (3) degree Ofieen (15) minutes West, distance thilleen (13) feet to a point; thence South eighty-six (86) degrees fifteen (15) minutes East, distance three and one4enth (3 1/10) feet to the comer of a garage; thence South three (3) degrees, fifteen (15) minutes West along the rear of a garage, distance eleven (11) the~ to a point; thence N~h ei~ty-six (86) degrees, fifteen (15) minutes West between garages, distance twenty-two and seven- tenths (22.7) feet to a point on the East side of No.h Tlutd Street; thence South ~ee (3) degrees, fifteen (5) ddn~,'es West along the East side of Norlh Third Slree{ dista~ee thirty-two and five-tenths (32.5) feet to a point on the No.east corner of North Tmrd Sheet and No~h S~eet; thence South eighty-six (86) degrees, fl~ (50) minutes East along North side of North Stxeet, a distance thirteen and six-tenths (13.6) feet; thence North thirty-four (34) deg~es. ~ (30) minutes Ea along the West line of the Metallo properly, distance one hundred twenty-e ght (128) feet to a point on the South hne of State Sixeet. No,Ih t-dry- eight (58) degxees, thir~ (30) minutes West distance twenty-six and ninety-five hundredths (26.95) feet to a point the place of BEGINqqlNG, 151~NO a pomon of Lots 6 and ? ia Mays Addition to the Borough of West FaJrview, CumMrlami County per~sylvma, ~ having thereon erected a tw~-sto~y frame d~alldrg house and (2) frame garages, knct~va as Number 228 State SUeet. TrlIE TO SAID premises is vested in Frat~ L. Btetz, Jr. by Deed from Frank L. Bmiz and Iq. Delmis Btete. as joint tenants with tl~ ~ht of sumvmship dated 1/26/2001 and teco~ed:, 6126/2001 in Record Book 247 Page 571, PROPERTY ADDRESS: 228 State Eaola. PA 17025. TAX PARCEL No.: 45-17-1044494. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND.' Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 16, 23, 30, 2004 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 tree. RF_~L F~TATE SALE NO. 10 Writ No. 2003-6434 Civil Wells Fargo Bank Minnesota, as ?rustee for Registered Holders of Oplion One Mortgage Loan Trust 2001-B, A~set-Backed Certificates, Series 2001-B vs. Prank L. Bretz, Jr. a/k/a Frank Bretz, Jr. Atty.: Frank Federman LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the East Permshoro Township, Cumberland County, Pennsylvania, more par- ticularly bounded and described as follows: BEGINNING at a point on the South side of State Street, being the partition line of Nos. 228 and 230 State Street: thence South thirty-four (34) degrees East thru the center line of pa-~ition of No. 228 and 230 State Street, also thru the center line of an outside toilet, distance sev- enty-three {73) feet to a point; thence South three {3) degrees fifteen {15) minutes West, distance thirteen (13) feet to a point; thence South eighty- six (86) degrees fifteen (15} minutes East, distance three and one-tenth (3 1/10) feet to the comer of a ga- rage; thence South three {3) de- grees, fifteen (15) minutes West along the rear of a garage, distance eleven (11) feet to a point; thence North eighty-six {86) degrees, fifteen (15) minutes West between garages, distance twenty-two and seven-tenths {22.7) feet to a point on the East side of North Third Street; thence South three (3) degrees, fifteen (15) minutes West along the East side of North Third Street distanae thirty-two rilL{sa Marie Coyne/Editor SWOI~q TO AND SUBSCRIBED before me this 30 day of APRIL 2004 LOiS E. SNYDER, Notaly Public Cartisie Boro, Cumberland Cour~ My Commission Expires March 5, 2005 fallows: BEGINNING at a point on the South side of State Street, being the partition line of Nas. 228 and 230 State Street; thence Mouth thirty-four (34) degrees East thru the center line of pa-~tition of No. 228 a~.d 230 State Street. also thru the center line of an outside toilet, distance sev- enty-three (73) feet to a point; thence South three (3) degrees fifteen {15) minutes West, distance thirteen (13) feet to a point; thence South eighty- six (86) degrees fifteen (15) minutes East, distance three and one-tenth {3 1/10) feet to the comer of a ga- rage; thence South three (3) de- grees, fifteen (15) minutes West along the rear of a garage, distance eleven {11) feet to a point; thence North eighty-six (86) degrees, fifteen (15) minutes West between garages, distance twenty-two and seven-tenths (22.7) feet to a point on the East side of North Third Street; thence South three (3) degrees, fifteen (15) minutes West along the East side of North Third Street distance thirty-two and five- tenths (32.5) feet to a point on the Northeast corner of North Third Street and North Street; thence South eighty-six (86) degrees, fifty (50} minutes East along North Side of North Street, a distance thir- teen and six-tenths (13.6) feet; thence North thirty-four (34) de- grees, thirty (30) minutes East along the West line of the Metallo property, distance one hundred twenty-eight (128) feet to a point on the South line of State Street, North fifty-eight (58) degrees, thirty (30) minutes West distance twenty-six and ninety-five hundredths (26.95) feet to a pnint the place of beginning. BEING a portion of Lots 6 and 7 in Mays Addition to the Borough of West Falrvlew, Cumberland County, Pennsylvama, and having thereon erected a two story frame dwelling house and (2) frame garages, known as Number 228 State Street. TITLE TO SAID PREMISES IS VESTED IN Frank L. Bretz, Jr. by Deed from Frank L. Bretz and N. Dennis Bretz. as joint tenants with the right of survivorship dated 1/ 26/2001 and recorded 6/26/2001 in Record Book 247 Page 571. PROPERTY ADDRESS: 228 STATE STiREET, ENOLA, PA 17025. TAX PARCEL: #45-17-1044-194.