HomeMy WebLinkAbout04-0387
FEDERMAN AND PHELAN, LLP
By: 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
(215) 563-7000
ATTORNEY FORPLAINTWF
WELLS FARGO HOME MORTGAGE, INC.
3476 STATEVIEW BOULEVARD
FORT MILL, SC 29715
COURT OF COMMON PLEAS
CIVIL DIVISION
Plaintiff
TERM
NO. 04 -3P7
e.;u~L '--r~
v.
CUMBERLAND COUNTY
SEAN G. HARPOLD
824 HILLSIDE DRIVE
CAMP HILL, PA 17011
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. W 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.
W 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 #: 86093
File #: 86093
IF THIS IS THE FIRST NOTICE THAT YOU HAVE
RECEIVED FROM THIS OFFICE, BE ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION
PRACTICES ACT, 15 U.S.c. ~ 1692 et seq. (1977),
DEFENDANT(S) MAY DISPUTE THE VALIDITY OF
THE DEBT OR ANY PORTION THEREOF. IF
DEFENDANT(S) DO SO IN WRITING WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS
PLEADING, COUNSEL FOR PLAINTIFF WILL
OBTAIN AND PROVIDE DEFENDANT(S) WITH
WRITTEN VERIFICATION THEREOF;
OTHERWISE, THE DEBT WILL BE ASSUMED TO
BE VALID. LIKEWISE, IF REQUESTED WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS
PLEADING, COUNSEL FOR PLAINTIFF WILL
SEND DEFENDANT(S) THE NAME AND ADDRESS
OF THE ORIGINAL CREDITOR, IF DIFFERENT
FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT
UNTIL THE END OF THE THIRTY (30) DAY
PERIOD FOLLOWING FIRST CONTACT WITH
YOU BEFORE SUING YOU TO COLLECT THIS
DEBT. EVEN THOUGH THE LAW PROVIDES
THAT YOUR ANSWER TO THIS COMPLAINT IS
TO BE FILED IN THIS ACTION WITHIN TWENTY
(20) DAYS, YOU MAY OBTAIN AN EXTENSION OF
THAT TIME. FURTHERMORE, NO REQUEST
WILL BE MADE TO THE COURT FOR A
JUDGMENT UNTIL THE EXPIRATION OF THIRTY
(30) DAYS AFTER YOU HAVE RECEIVED THIS
COMPLAINT. HOWEVER, IF YOU REQUEST
PROOF OF THE DEBT OR THE NAME AND
ADDRESS OF THE ORIGINAL CREDITOR WITHIN
THE THIRTY (30) DAY PERIOD THAT BEGINS
UPON YOUR RECEIPT OF THIS COMPLAINT,
THE LAW REQUIRES US TO CEASE OUR
EFFORTS (THROUGH LITIGATION OR
OTHERWISE) TO COLLECT THE DEBT UNTIL
WE MAIL THE REQUESTED INFORMATION TO
YOU. YOU SHOULD CONSULT AN ATTORNEY
FOR ADVICE CONCERNING YOUR RIGHTS AND
OBLIGATIONS IN THIS SUIT.
IF YOU HAVE FILED BANKRUPTCY AND
RECEIVED A DISCHARGE, THIS IS NOT AN
ATTEMPT TO COLLECT A DEBT. IT IS AN
ACTION TO ENFORCE A LIEN ON REAL EST ATE.
1. Plaintiff is
WELLS FARGO HOME MORTGAGE, INC.
3476 STATEVIEW BOULEVARD
FORT MILL, SC 29715
2. The name(s) and last known addressees) of the Defendant(s) are:
SEAN G. HARPOLD
824 HILLSIDE DRNE
CAMP HILL, PA 17011
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
3. On 0411 8/200 [ mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to CHARTER ONE MORTGAGE CORPORATION which
mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in
Mortgage Book No. 1695, Page 803. By Assignment of Mortgage recorded 4/29/02 the
mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of
Mortgage Book No. 686, Page 4064.
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 08/01/2003 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 #: 86093
,
6. The following amounts are due on the mortgage:
Principal Balance
Interest
07/0112003 through 01/29/2004
(Per Diem $19.53)
Attorney's Fees
Cumulative Late Charges
04/18/2001 to 01129/2004
Cost of Suit and Title Search
Subtotal
$106,110.22
4,159.89
850.00
191.11
$ 750.00
$ 112,061.22
Escrow
Credit
Deficit
Subtotal
0.00
506.63
$ 506.63
TOTAL
$ 112,567.85
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. The mortgage premises are vacant and abandoned.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of
$ 112,567.85, together willi interest from 01/29/2004 at the rate of$19.53 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:
FEDERMAN AND~. E. ~P
/ZA - \
/s 'r~. al'a
FRANK F DERMAN, ESQUIRE
LAWRENCE T. PHELAN, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
File #: 86093
ALL 'rIUl.T CERTAIN ernet or parcel of land and premises,
situate. lying an1 being in the llol:01.\9h of wo>:mleyo!)..,.-g in
t~e County of Cumberland and commonwealth of Pennsylvania,
more particularly described aa fOllo~a:
9EGINNING at a point on the western line of Hillside Drive,
tWO hUndred nin~e(.two and eight one-hundredths (29~.D8)
feet measured nor=hwardly along said line from the nor~hern
line of Poplar ChAron Road; thcnce South fifty-three (53)
dea~e~ thi~ty (3l1 minutes west, one hundred thirty (130)
feec ~o a poinc i~ the Ca~~erD bound~ry line of Lot
numbered Fifteen (~51 I thenee North thirty-six (3~) degrees
thirty (3D) lII1nut.,s west, along tile "'aatern boundary line
of Lot numbered Plfteen (1SI. eighty-two (82) feet to a
point; thence Nor,b fifty-three (53) degreea thirty (30)
minutes East, one hundred thirty (130) fee~ to a paine in
the west.C&:n line I,f Hillside Drive; thence by t:he lal:.terf
south thirty-six t36) degree" thirty (30) minuteD E~ot,
eighey~two (82' ftlet to a point., t:he place of BEG:INNING.
BIllING the Jlortbern dxty (~O) feet of LOt numbered Ten (101
and the southG= t~nty.tl#O (22) feet of Lot numbered
Eleven (11) , on the plan of section ftB", Kivarview, said
plan being recorded in the plan Book. lO, page 21.
UNDER ,l\ND StnlJllCT, nevertheless, to Building and Use
Restrictions as s~~ forth in instrument dated Septembar 4,
ISS8, recO~~od in Misc. BOOk 136, p~ge 338 (erroneously Set
fo>:tb as PIll;!e 388 1n prior record), which ...,..c hereby
extended to cover such portions of the land herein
described, ~ot o>:iginallY covered and eo utility easements
in favor of Pellllaylvania power and Light Company an.! Bell
Telephone C.)~ny ss ahown in inlll;ruments of prior >:eco;ro.
BEXNG the s.une premises whieb F~Bncea s. Fogarty, II widow,
by deed da~dd ~ 10, 19'6 and reoorded in the Office of
tile Recorda:: of Deed" in and' fO%' CUmberland C01.Wty.
PeIUUlylWlnin, in Deed !look 139, Page 227, granted and
conveyed 1001:0 Daniel J. lIeat and oilUle C. Bast, hl.llll:l"nd and
",i.eel grBneu~B hereta-.
BEING KNOWN AS: 824 HILLSIDE DRIVE.
VERlFlCATI01\l
Yolanda Williams hcreby statcs that shc is VICE PRESIDENT LOAN
DOCUMENTATION of WELLS FARGO HOME MORTGAGE, INC. mortgage servicing
agent for Plaintiff in this matter, that she is authorized to take this Verification, and that
the statements made in the foregoing Civil Action in Mongage 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] 8 Pa. C S Sec. 4904
relating to unsworn falsification to authorities
DATE
Id(C~
Vicc Presidcnt Loan Documentation
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2004-00387 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
WELLS FARGO HOME MORTGAGE INC
VS
HARPOLD SEAN G
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
HARPOLD SEAN G
but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
, NOT FOUND , as to
the within named DEFENDANT
, HARPOLD SEAN G
824 HILLSIDE DRIVE
CAMP HILL, PA 17011
824 HILLSIDE DRIVE CAMP HILL IS VACANT.
DEFENDANT DOES NOT LIVE AT THAT ADDRESS.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
18.00
11.04
5.00
10,00
.00
44.04
/7
So a~~"'-:::/
~~~/. --
R. Thomas Kline
Sheriff of Cumberland County
FEDERMAN & PHELAN
03/17/2004
Sworn and subscribed to before me
this
lYe!;:,
day of ~
clM'( A.D.
Sk...
/ u..- f2 ~ II P. -----
Pr t onotary ,"h
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2004-00387 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WELLS FARGO HOME MORTGAGE TNC
VS
HARPOLD SEAN G
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
HARPOLD SEAN G
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of DAUPHIN
County, Pennsylvania, to
serve the within COMPLAINT - MORT FORE
On March
17th, 2004 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing 6.00
Out of County 9.00
Surcharge 10.00
Dep Dauphin Co 25.50
.00
50.50
03/17/2004
FEDERMAN & PHELAN
So . an~.~e...E J::~.s'. . .'. :..../..;,...------;:;;.7
../;::P"~~'
R. (Thomas JQ ine
Sheriff of Cumberland County
Sworn and subscribed to before me
...
this /1-
day o~
,2.t.Jr.J1f A.D.
q... '{,4 ~. (). ~ A.Jft1/'
.. / Prothonotary ,T J
In The Court of Common Pleas of Cumberland County, Pennsylvania
Wells Fargo Home Mortgage Ine
VS,
Sean Harpold
SERVE: same
No.
04-387 civil
Now,
JanuarY 30, 2004
, I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of
Dauphin
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
~~ y.;p;'
r ';7~~~..~;;...I>
,
Sheriff of Curnberland County, PA
Affidavit of Service
Now,
,20_, at
o'clock
M. served the
within
upon
at
by handing to
a
copy of the original
and made known to
the contents thereof
So answers,
Sheriff of
County, PA
Sworn and subscribed before
me this _ day of ,20_
COSTS
SERVICE
MILEAGE
AFFIDAVIT
$
$
@ffb:e of tlr~ ~4~riff
William T. Tully
Solicitor
J. Daniel Basile
Chief Deputy
Mary Jane Snyder
Real Estate Deputy
Michael W. Rinehart
Assistant Chief Deputy
Dauphin County
Harrisburg, Pennsylvania 17 I 0 I
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
WELLS FARGO HOME MORTGAGE INC
vs
County of Dauphin
HARPOLD SEAN G
Sheriff's Return
No. 0437-T - -2004
OTHER COUNTY NO. 04-387
AND NOW:March 9, 2004
at 3: 37PM served the within
COMPLAINT IN MORTGAGE FORECLOSURE
upon
HARPOLD SEAN G
by personally handing
to SEAN G HARPOLD
1 true attested copy(ies)
of the original
COMPLAINT IN MORTGAGE FORECLOSURE
and making known
to him/her the contents thereof at
DAUPHIN
DAUPHIN
HBG, PA
CO SHERIFF'S OFFICE ROOM 104
CO COURT HOUSE FRONT & MARKET ST
17102-0000
before me this 10TH day of MARCH, 2004
~~~'\~~
(
PROTHONOTARY
So Answers,
Jf~
::"~:~ 7;'Y' ::J
Deputy ~
Sworn and subscribed to
Sheriff's Costs: $25.50 PD 02/04/2004
RCPT NO 187676
KH
FEDERMAN AND PHELAN, LLP
FRANK FEDERMAN, ESQ., rd. No. 12248
LAWRENCE T. PHELAN, ESQ., Id. No. 32227
FRANCIS S. HALLINAN, ESQ., rd. No. 62695
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
(2 I 5) 563-7000
ATTORNEY FOR PLAINTIFF
WELLS FARGO HOME MORTGAGE, INe.
COURT OF COMMON PLEAS
Plaintiff
CIVIL DIVISION
vs.
CUMBERLAND County
SEAN G. HARPOLD
No. 04-387 CIVILTERM
Defendants
PRAECIPE TO REINSTATE CIVIL ACTIONfMORTGAGE FORECLOSURE
TO THE PROTHONOTARY:
Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter.
Date: March 29. 2004
Ijrh. Svc Dept.
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2004-00387 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WELLS FARGO HOME MORTGAGE INC
VS
HARPOLD SEAN G
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
HARPOLD SEAN G
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of DAUPHIN
County, Pennsylvania, to
serve the within COMPLAINT - MORT FORE
On April
)9th , 2004 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs: So
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep Dauphin County .00
.00
37.00
04/19/2004
FEDERMAN & PHELAN
Sworn and subscribed to before me
this :</.Ak day of ()~
,)ovY A.D.
(I 1"'- Q )Mj,. ~ AlA,
N Prothonotary -
@ffice of tIre ~lrc:riff
William T. Tully
Solicitor
J. Daniel Basile
Chief Deputy
Mary Jane Snyder
Real Estate Deputy
Michael W. Rinehart
Assistant Chief Deputy
Dauphin County
Harrisburg, Pennsylvania 17l 0 I
ph: (71 7) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
WELLS FARGO HOME MORTGAGE INC
vs
County of Dauphin
HARPOLD SEAN G
Sheriff's Return
No. 2859-T - -2004
OTHER COUNTY NO. 04-387
AND NOW:April 13, 2004
at 8:26AM served the within
COMPLAINT IN MORTGAGE FORECLOSURE
upon
HARPOLD SEAN G
by personally handing
to SEAN G HARPOLD DEFT
1 true attested copy(ies)
of the original
COMPLAINT IN MORTGAGE FORECLOSURE
and making known
to him/her the contents thereof at
DAUPHIN CO SHERIFF'S OFFICE ROOM 104
DAUPHIN CO COURTHOUSE FRONT & MARKET STS
HBG, PA 17101-0000
Sworn and subscribed to
So Answers,
C;R~
before me this 14TH day Of~RIL, 2004
Stif9 rl (\, .
, ~)!' "1 f/ ,~1 f I' .t. ,1"1 .AI"I.... ')
. - ~,. 'J ,......... , (. (,e'r,.{'l w..-U
,
Sheriff of Dauphin County, Pa.
PROTHONOTARY
By \) (
~put
Sheriff's Costs: $0.00 PD 00/00/0000
RCPT NO
KH
FEDERMAN AND PHELAN, LLP
By: FRANK FEDERMAN
Identification No. 12248
Attorney for Plaintiff
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SillTE 1400
PHlLADELPHlA, PA 19103-1814
(215) 563-7000
WELLS FARGO HOME MORTGAGE, INC.
3476 STATEVIEW BOULEVARD
FORT MILL, SC 29715
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
CIVIL DIVISION
v.
NO. 04-387 CIVIL TERM
SEAN G. HARPOLD
Defendant(s).
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 SEAN G. HARPOLD,
Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof
and for Foreclosure and Sale oftlae mortgaged premises, and assess Plaintiffs damages as follows:
As set forth in Complaint
Interest from 1/30/04 to 5/18/04
TOTAL
$112,567,85
$2,148.30
$114,716.15
I hereby certify that (I) 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.
~)uiu~J
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED. ~
DATE: rn."'f. ~O ~OO'l e~;,)K.. ci<~
I PROPROTHY ~ ~
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
(71 ';) ';/i1-7000
WELLS FARGO HOME MORTGAGE, INC.
Plaintiff
FILE COpy
ATTORNEY FORPLAINTWF
: COURT OF COMMON PLEAS
: CIVIL DMSION
Vs.
: CUMBERLAND COUNTY
SEAN G. HARPOLD
Defendants
: NO. 04-387 CIVIL TERM
TO: SEAN G. HARPOLD
824 IDLLSIDE DRIVE
CAMPIDLL,PA 17011
DATE OF NOTICE: MAY 4, 2004
TIllS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. TIllS 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.W YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, TIllS 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 DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITIl THE COURT YOUR DEFENSES OR
OBJECTIONS TO TIlE CLAIMS SET FORTH AGAINST YOu. UNLESS YOU ACT WITHIN TEN DAYS FROM THE
DATE OF TIllS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITIlOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT 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
~rlMrlu~
FRANK FEDERMAN, ESQUIRE
LAWRENCE T. PHELAN, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
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
(71 'i) 'i61-7000
ATTORNEY FOR PLAINTIFF
WELLS FARGO HOME MORTGAGE, INe.
Plaintiff
: COURT OF COMMON PLEAS
: CML DIVISION
Vs.
: CUMBERLAND COUNTY
SEAN G. HARPOLD
Defendants
: NO. 04-387 CML TERM
TO: SEAN G. HARPOLD
255 CUMBERLAND STREET
HARRISBURG, PA 17102
DATE OF NOTICE: M A V 4. 2/1/14
THIS FIRM IS A DEBT COLLECfOR ATTEMPTING TO COLLECf A DEBT. THIS NOTICE IS SENT TO
YOU IN AN ATTEMPT TO COLLECf 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 COLLECf 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 WRITING WITH THE COURT YOUR DEFENSES OR
OBJECfIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE
DATE OF THIS NOTICE, A JUDGMENT MAYBE 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 MAYBE 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
~l.p..1l..I'N..fiJJL
FRANK FEDERMAN, ESQUIRE
LAWRENCE T. PHELAN, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
@ffice of t1rP~1rpriff
William T. Tully
Solicitor
J. Daniel Basile
Chief Deputy
Mary Jane Snyder
Real Estate Deputy
Michael W. Rinehart
Assistant Chief Deputy
Dauphin COWlty
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (71 7) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
WELLS FARGO HOME MORTGAGE INC
vs
County of Dauphin
HARPOLD SEAN G
Sheriff's Return
No. 2859-T - -2004
OTHER COUNTY NO. 04-387
AND NOW:April 13, 2004
at 8:26AM served the within
COMPLAINT IN MORTGAGE FORECLOSURE
upon
HARPOLD SEAN G
by personally handing
to SEAN G HARPOLD DEFT
1 true attested copy(ies)
of the original
COMPLAINT IN MORTGAGE FORECLOSURE
and making known
to him/her the contents thereof at
DAUPHIN
DAUPHIN
HBG, PA
CO SHERIFF'S OFFICE
CO COURTHOUSE FRONT
17101-0000
ROOM 104
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So Answers,
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Sworn and subscribed to
before me this 14TH day
Sheriff of Dauphin County, Pa.
PROTHONOTARY
By \ )~~
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Sheriff's Costs: $0.00 PD 00/00/0000
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FEDE~ANandPHELAN,LLP
By: FRANKFEDE~AN
Identification No. 12248
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PIDLADELPIDA, PA 19103-1814
(215) 563-7000
ATTORNEY FOR PLAINTIFF
WELLS FARGO HOME MORTGAGE, INC.
3476 STATEVIEW BOULEVARD
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
CIVIL DMSION
v.
NO. 04-387 CML TERM
SEAN G. HARPOLD
Defendant(s).
VERIFICATION OF NON-MILITARY SERVICE
FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
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 ofthe United States
or its Allies, or otherwise within the provisions ofthe Soldiers' and Sailors' Civil Relief Act of Congress
of 1940, as amended.
(b) that defendant SEAN G. HARPOLD is over 18 years of age and resides at, 824
HILLSIDE DRIVE, CAMP HILL, PA 17011.
This statement is made 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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Request for Military Status Page 1 of 1
Department of Defense Manpower Data Center MAY -18-2004 10:46:21
_ Military Status Report
. Pursuant to the Soldiers' and Sailors' Civil Relief Act of 1940
<Last Name Pirst Middle Begin Date I Active Duty Status I Service/Agency
HARPOLD
Currently not on Active Military Duty, based on the Social Security Number and last name
provided.
Upon searching the information data banks of the Department of Defense Manpower Data Center, the
above is the current status ofthe Defendant(s), per the Information provided, as to all branches of the
Military.
~(
Kenneth C. Schetlen, Director
Department of Defense - Manpower Data Center
1600 Wilson Blvd., Suite 400
Arlington, VA
The Defense Manpower Data Center (DMDC) is an organization ofthe Department of Defense that
maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the
official source of data on eligibility for military medical care and other eligibility systems.
If you have information that makes you feel that the DMDC response is not correct, please send
an e-mail to~cra.helpdesk@osd.pentagon.mil. For personal privacy reasons, SSNs are not
available on this printed results page. Requesters submitting a SSN only receive verification
that the SSN they submitted is a match or non-match.
https:/ /www.dmdc.osd.mil/udpdri/owalsscra.prc _Select
5/18/2004
FEDERMAN and PHELAN, LLP
By: FRANK FEDERMAN
Identification No. 12248
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PIDLADELPIDA, PA 19103-1814
(215) 563-7000
ATTORNEY FOR PLAINTIFF
WELLS FARGO HOME MORTGAGE, INC.
Plaintiff,
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
v.
CIVIL DIVISION
SEAN G. HARPOLD
NO. 04-387 CIVIL TERM
Defendant(s).
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 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.
Plaintiff,
v.
No. 04-387 CIVIL TERM
SEAN G. HARPOLD
Defendant(s).
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
$114,716.15
Interest from 5/19/04 to SEPTEMBER 8, 2004
(per diem -$18.86)
$2,131.18 and Costs
TOTAL
$116,847.33
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FRANK FEDERMAN, ESQUIRE
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
Attorney for Plaintiff
Note: Please attach description of property.No.
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AL.L THAT CERTAIN Iract or parcel of l$lId and premises, situale, Iyin! and beiDJ in tho Borough
of Wormley,burg in tho CoWley of Cumberland and Commonweallb of Pennsylvunia. lOOre particularly
described lIS follow,:
BEGINNING at a IlOint un the W."lerD line of Hillside Drive, two hundred nincIy-two al1d elgbl 0(1(-
hundredths (292,08) feci measured Northwardly along said line from ~ NOI'tIIem line (If Poplar CllUrch
Road; thellce Soutb f.f1y-three (53) degrees thirly (30) minutCll WOSt, OIle hundred thirty (130) feet ((I
a pOint In the Eastern boundary line of Lot Numbr:red p\l\een (15); thence North tbiny-llix (3(.) degrees
thirty (301 minutes We!:!, alllDg tbe Eastern boundary line Of Lot Numbered Fifteen (15), eigllty-tWO
(82) feel. ro a point; thtnce NOM fifly-th,ee (53) degrees thirty (30) minutell E.a$t, oDe hundred Ibirty
(130) feet to a poim in the Weslel1lline of Hillsid. Drive; thtnce hy tbt latter, Sonlll thirty-six (3(i)
degrees U1irty (3Q) minutes &st, eighty-two (82) feet ((I a poi1\t, \be plllCe of ~ing,
TI1'LE TO SAID PREMISES (S VESTIID IN Sean <.t Harp<Jld, Single Person by Dee<J from
Daniel], Iklit IlIId Diane C, Ilesr, Hi. Wife dated 1115fL999 and recordtd 1/27/1999 in R.t.:ord
Book 204 Page 636,
Tax Parcel #47..18-1302-153
WRIT OF EXECUTION and/or ATT ACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-387 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To ,atisfy tho debt, interest and cost, due WELLS FARGO HOME MORTGAGE, INC.,
Plaintiff (s)
From SEAN G. HARPOLD
(I) You are dirocted to levy upon the property of the defendant (sland to ,ell SEE LEGAL
DESCRIPTION
(2) You are also directod to attach the proporty of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garni,hoe(s) that: (a) an attachment 00, been issued: (b) the gamishee(s) i, enjoined from
paying any dobt to or for the account of the defendant (,) and from delivering any property of the defendant
(,) or otherwise dispo,ing thereof:
(3) Ifproperty of the dofondant(s) not levied upon an ,ubject to attachment i, found in the possession
of anyono other than a named garnishee, you aro directed to notify himlher that he/she has boen added as a
garnishee and i, onjoined a, above stated.
Amount Due $114,716.15 L.L. $.50
Interest FROM 5/19/04 TO 9/8/04 (PER DIEM - $18.86) - $2,131.18 AND COSTS
Atty', Cornrn % Due Prothy $1.00
Atty Paid $213.54 Other Co,t,
Plaintiff Paid
Date: MAY 20,2004
(Soal)
CURTIS R. LONG
Prothono~
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Deputy
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 ID No. 12248
WELLS FARGO HOME MORTGAGE, INC.
CUMBERLAND COUNTY
Plaintiff,
v.
COURT OF COMMON PLEAS
SEAN G. HARPOLD
CIVIL DIVISION
Defendant(s).
NO. 04-387 CIVIL TERM
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No, 1)
WELLS FARGO HOME MORTGAGE, INC., Plaintiff in the above action, by its attorney, FRANK
FEDERMAN, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the
following information concerning the real property located at, 824 HILLSIDE DRIVE, CAMP HILL,
PA 17011.
1. Name and address of Owner(s) or reputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
SEAN G. HARPOLD
824 HILLSIDE DRIVE
CAMP HILL, P A 17011
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
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
4, Name and address oflast recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
GMAC MORTGAGE CORPORATION
D/B/A DlTECH.COM
3200 PARK CENTER DRIVE, SUITE 150
COSTA MESA, CA 92626
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 plaintiffhas 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
824 HILLSIDE DRIVE
CAMP HILL, P A 17011
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 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,
Mav 18.2004
DATE
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FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
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WELLS FARGO HOME MORTGAGE, INC.
Plaintiff,
CUMBERLAND COUNTY
v.
No. 04-387 CIVIL TERM
SEAN G. HARPOLD
Defendant(s).
May 18,2004
TO: SEAN G. HARPOLD
824 HILLSIDE DRIVE
CAMP HILL, P A 17011
"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 ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY."
Your house (real estate) at, 824 HILLSIDE DRIVE. CAMP HILL. PA 17011. is scheduled to
be sold at the Sheriffs Sale on SEPTEMBER 8. 2004 at 10:00 a,m, in the Cumberland County
Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of$114.716.15
obtained by WELLS FARGO HOME 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 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 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,)
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, Yon 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 ofthe 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
AL.L THAT C1lltTA1N trlll:t or pan:el Qf land and premi.es, Sil\lale. lyill3 and bei.llJ in tho Borough
of Wormleysburg in tho CoUllty of Cumberland and Comlllonwealth of rennsylvaui8, lIlO<<l particularly
described as follows:
BEGtNNING at a point OOlite Wester1l11ne of Hillside Drive, two hundred ninety-two and eighl one-
hUlldrO.llbs (292,(}8) feci measured Nonhwardly along said line from tile: Northern line of Poplar Clrul'Ch
Rood; lheuee Soutb fifty-three (53) degrees thirty (30) minUICll West. one hundred thirty (130) f.~ to
a point in tho E:al;tern boundary line of Lot Numbered foil\een (15); thence North thirty-six (36) degrees
thiny (30) minults WC1rt. aJoog tile Eastern boundary Ii"" of Lot Numbered Fifteen (15). eighty-tWO
(82) feCllo a point; thtnce North fifly-lbrec: (53) degrees thirty (30) rninutes Ea.<I, ODe hundred Winy
(130) feci 10 a point In the Western lillC of HilIsid. Drive; thence by the taller, Soo\tllhlny-si~ (36)
degrees thirty (30) minutes East, eighty-two (82) feet to a point. /be pllice cf beginning.
TlTLE TO SAID PKEMlSES IS VESTFO IN Sean (I. Harp<lld. Single Person by Deed from
DanIel J, lleM and Diane C, IksI, His Wife dated 7/15/1999 and recorded 7/2711999 in Rt:COrd
Book 204 Page 636,
Tax ~l #47-18-1302-153
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
WELLS FARGO HOME MORTGAGE,
INC,
) CNIL ACTION
)
vs.
SEAN G, HARPOLD
) CNIL DNISION
) NO, 04-387 CNIL TERM
AFFIDAVIT OF SERVICE PURSUANT 110 RULE 3129
COMMONWEALTH OF PENNSYL VANIA
COUNTY OF CUMBERLAND
)
)
SS:
I, FRANK FEDERMAN, ESQUIRE attorney for ~~LLS FARGO HOME
MORTGAGE. INC. hereby verify that on MAY 24. 2004 true and correct copies ofthe
Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders,
and any known interested party see Exhibit "A" attached hereto.
DATE: August 13.2004
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F NK FEDERMAN, ESQUIRE
Attorney for Plaintiff
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
}SS:
D~-3't7
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby ce ify that
the Sheriffs Deed in which Deborah Krekstein is the grantee the same having been sold to sa grantee
on the 8th day of September A.D., 2004, under and by virtue of a writ Execution issued on th 20th day
ofMav, A,D" 2004, out ofthe Court of Common Pleas of said County as of Civil Term, 200 Number
387, at the suit of Wells Fargo Hm Mtg Inc against Sean G Harpold is duly recorded in Sheri s Deed
Book No, 266, Page 4546
IN TESTIMONY WHEREOF, I have hereunto s t my hand
lit
and seal of said office this ~ day o~ ,D, 20~,
'.
Wells Fargo Home Mortgage, Inc.
VS
Sean G. Harpold
In The Court of Common Pleas of
Cwnberland County, Pennsylvania
Writ No. 2004-387 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that e
made a diligenl search and inquiry for the within named defendant, to wit: Sean G.
Harpold, but was unable to locate him in his bailiwick. The residence at 824 Hillside
Drive, Camp Hill, PA 17011 is vacant. He therefore deputized the Sheriff of Dauphin
County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and
Description according to law,
DAUPHIN COUNTY RETURN: And Now: July 2, 2004 at 7:52 o'clock A. "
served the within Real Estate Writ, Notice and Description upon Sean G, Harpold by
personally handing to defendant one lrue attested copy of the original Real Estate Wri
Notice and Description and making known to him the contenls thereof at Dauphin
County Sheriffs Office, Harrisburg, PA 17108. So Answers: J.R. Lotwick, Sheriffo
Dauphin County, Pennsylvania.
Ron Kerr, Deputy Sheriff, who being duly sworn according to law, states that n
July 13, 2004 at 3:32 o'clock P.M., he posted a true copy of the within Real Estate Wr t,
Notice, Poster and Description, in the above entitled action, upon the property of Sean G.
Harpold located 824 Hillside Drive, Camp Hill, 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 name
defendant, to wit: Sean G. Harpold, by regular mail to his last known address of255
Cumberland Street, Harrisburg, P A 171 02. This letter was mailed under the date of J y
13,2004 and neverreturned 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 September 8, 2004 at 10:00 o'clock A,M. He sold the same r
the sum of$102,000.00 to Attorney Gary Lysaght. It being the highest bid and best p ce
received for the same, Attorney Gary Lysaght of 1350 Fishing Creek Road, Harrisbur
PA 17112, being the buyer in this execution, paid to SheriffR, Thomas Kline the sum of
$106,853.60.
Sheriffs Costs:
Docketing
Poundage
Posting Bills
Advertising
Acknowledging Deed
$30.00
2040,00
15,00
15.00
30.00
Auctioneer
Law Library
Prothonotary
Mileage
Out of County
Dauphin County
Levy
Surcharge
Law Journal
Patriot News
Share of Bills
Distribution of Proceeds
Sheriffs Deed
10.00
.50
1.00
11.10
9.00
26.25
15.00
20.00
232.85
242.14
30.49
25.00
39.50
$ 2792.83
Sworn and subscribed to before me
This Sul daY,of(~
2004;' A.D.:Wr6' () 'n1,j1P-,<.-'
Aflti1 r thonotary
~~~~#~
R. Thomas Kline, Sheriff
BY~l,.!.J"..~
Real ~Deputy
~
,tP
30' v
\.~
)3
Ck... <; 7
12"", i
n'l?
.
SCHEDULE OF DISTRIBUTION
SALE NO. 39
Date Filed: October 08, 2004
Writ No. 2004-387 Civil Term
Wells Fargo Home Mortgage, Inc.
VS
Sean G. Harpold
824 Hillside Drive
Camp Hill, P A 17011
Sale Date:
Buyer:
Bid Price:
September 08, 2004
Attorney Gary Lysaght
$102,000.00
Real Debt:
Interest:
Attorney Costs:
$114,716.15
2,131.18
213,54
Total:
$117,060.87
DISTRIBUTION:
Receipts:
Cash on account (06/10/04):
Cash on account (09/08/04):
Cash on account (09/22/04):
Total Receipts:
$ 1,500.00
100,000.00
6,853.60
$108,353.60
Disbursements:
Sheriffs Costs
Legal Search
State Transfer Tax
Local Transfer Tax
Borough ofWormleysburg
Attomey Frank Federman
Wells Fargo Home Mortgage, Inc,
$ 2,792.83
200,00
1,306.80
1,306.80
481.60
1,500.00
100,765.57
Total Disbursements:
($108,353.60)
Balance for distribution:
0.00
So Answers:
c~~~
R. Thomas Kline
Sheriff
TITLE REPORT
THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING
ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTOR
EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED.
SHERIFF SALE NO. 39
Held Wednesday, September 8, 2004
Date: September 8, 2004
TAXES: Receipts for all taxes for the years 2001 to 2003 inclusive, Taxes for the CUffe year
2004.
WATER RENT:
SEWER RENT
Company assumes no liability for private supply of water or se
Receipts to be produced if services are lienable.
MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims,
MUNICIPAL CLAIMS
MORTGAGES: Listed Under Other Exceptions Below,
JUDGMENTS: Listed Under Other Exceptions Below.
INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to
dated , 2004, and recorded
, 2004, in Cumberland County Deed Book , Page
RECITAL: Being the same premises which Daniel J, Best and Diane C. Best by dee daled
July 15, 1999 and recorded July 27, 1999 in the Office of the Recorder of Deeds in nd for
Cumberland County, at Carlisle Pennsylvania, in Deed Book 204, Page 636, grant d and
conveyed to Sean G. Harpold, single person..
OTHER EXCEPTIONS:
1. The identity and legal competency of parties at the closing of this title should b
established to the satisfaction of the closing attorney acting for this Company.
2, Rights or claims of parties in possession, if any, other than the owner.
3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage i area
and encroachments which an accurate and complete survey would disclose,
4, Payment of State and local Real Estate Transfer Taxes, if required,
5, Public and private rights in the roadbed of Hillside Drive.
6, Building conditions, easements, and setbacks as shown on or set forth on the Plan of
Riverview recorded in Plan Book 10, Page 21.
7. Building and use restrictions for Riverview recorded September 4, 1958 in
Miscellaneous Record Book 136, Page 338,
8. Mortgage in the amount of $108,850.00 given by Sean G. Harpold to Charter On
Mortgage Corporation dated April 18, 2001 and recorded April 26, 2001 in Mort age
Book 1695, page 803, Said mortgage was assigned to Wells Fargo Home Mortg ge,
Inc. by instrument recorded April 26, 2001 in Miscellaneous Record Book 686, ge
4064.
Complaint in mortgage foreclosure filed by Wells Fargo Home Mortgage, Inc, a
Plaintiff, against Sean G, Harpold as Defendant, on January 30, 2004 in the Offi e of
the Prothonotary of Cumberland County to File No, 2004-387. Judgment in the
amount of $114,716,15 entered May 20, 2004.
9. Mortgage in the amount of $36,000,00 given by Sean G. Harpold to GMAC Mo gage
Corporation dated August 10, 2000 and recorded August 31, 2000 in Mortgage ook
1636, page 531. Said mortgage was subordinated to the lien of mortgage record din
Mortgage Book 1695, Page 803, by subordination agreement recorded April 26, 001
in Miscellaneous Record Book 673, Page 91.
10, Rights granted to Pennsylvania Power & Light Company by instrument recorde June
10,1959 in Miscellaneous Record Book 144, Page 213.
11. Rights granted to Bell Telephone Company of Pennsylvania by instrument reco ded
January 28,1960 in Miscellaneous Record Book 147, Page 319.
12, Under and subject to the reservation for ingress, egress and regress retained by eed
dated February 24, 1959 and recorded February 27, 1959 in Deed Book "Y," V lume
18, Page 283.
13. Rights granted to Bell Telephone Company of Pennsylvania by instrument rec ded
November 3,1958 in Miscellaneous Record Book 140, Page 189.
14, Rights granted to Pennsylvania Power & Light Company by instrument record d
February 24,1959 in Miscellaneous Record Book 140, Page 496,
15, Building conditions, easements and setbacks as shown on or set forth with the Ian of
Riverview Section "B" recorded in Plan Book 10, Page 7,
16, Satisfactory evidence to be produced that proper notice was given to the holde of all
liens and encumbrances intended to be divested by subject Sheriff Sale.
17. Satisfactory evidence to be produced that the advertisement of the property was
sufficient despile the lack of reference to any improvements on the subject premis s,
18, Real estate taxes accruing on and after January 1, 2005 not yet due and payable.
It is to be noted that no search of Domestic Relations Records has been mad to
determine support arrearages regarding House Bill 1412, Act 58 of 1997, no has
any search been made for environmental liens in Federal District Court.
~JAJ'~,
Robert G, Frey, Agent .
Note: Thi, Title Report ,hall not be valid or bi d1ng
until countersigned by an authorized signatory. \
REAL ESTATE SALE NO. 39
Writ No. 2004-387 Civil
Wells Fargo Home Mortgage. Inc.
vs.
Sean G. Harpold
Atty.: Frank Federman
ALL TIlAT CERTAIN tract or par-
cel of land and premises, situate.
Iytng and being in the Borough of
Wormleysburg in the County of
Cumberland and Commonwealth of
Pennsylvania, more particularly de~
scribed as follows:
BEGINNING at a point on the
Western line of Hillside Drive. two
hundred rUnety~two and eight one~
hundredths (292.08) feet measured
Northwardly along said line from
the Northern line of Poplar Church
Road: thonce South flfty-three (53)
degrees thirty [30) minutes West.
one hundred thirty U30} feet to a
point in the Eastern boundary line
of Lot Numbered Fifteen (15); thence
North thirty-six (361 degrees thirty
(301 minutes West. along the East-
ern boundary line of Lot Numbered
Fifteen [15). eighty-two (82) feet to
a point; thence North fifty-three [531
degrees thirty (30} minutes East.
one hundred thirty (30) feet to a
point in the Western line of Hillside
Dlive: thence by the latter. South
thirty-six (361 degrees thirty (30)
minutes East, eighty-two (821 feet
to a point, the place of beg.iru1ing.
TITLE TO SAiD PREMISES IS
VESTED IN Sean G. Harpold, Single
Person by Deed from Daniel J. Best
and Diane C. Best, His Wife dated
7/15/1999 and recorded 7/27/
1999 in Record Book 204 Page 636.
Tax Parcel #47-18-1302-153.
,
,
WELLS FARGO HOME MORTGAGE, INC.
.
CUMBERLAND COUNTY
Plaintiff,
v.
COURT OF COMMON PLEA
SEAN G. HARPOLD
CIVIL DIVISION
Defendant(s).
NO. 04-387 CIVIL TERM
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No.1)
WELLS FARGO HOME MORTGAGE. INC., Plaintiffin the above action, by its atto ey, FRANK
FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution as filed the
following information concerning the real property located at 824 HILLSIDE DRIVE AMP HILL
PA 17011.
1. Name and address of Owner(s) or reputed Owner(s):
Name
Last Known Address (if address cannot b
reasonably ascertained, please indicate)
SEAN G. HARPOLD
824 HILLSIDE DRIVE
CAMP HILL, P A 17011
2. Name and address ofDefendant(s) in thejudgmenl:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property 10 be sold:
Name
Last Known Address (if address cann t be
reasonably ascertained, please indical )
None
~,
,
4, Name and address oflast recorded holder of every mortgage ofrecord:
Name
Last Known Address (if address cannot e
reasonably ascertained, please indicate)
GMAC MORTGAGE CORPORATION
D/B/A DlTECH.COM
3200 PARK CENTER DRIVE, SUIT 150
COSTA MESA, CA 92626
5. Name and address of every other person who has any record lien on the property:
Name
Last Known Address (if address cannot e
reasonably ascertained, please indicale)
None
6, Name and address of every other person who has any record interest in the property an whose
inlerest may be affected by the sale,
Name
Last Known Address (if address cannol e
reasonably ascertained, please indicate)
None
7. Name and address of every other person of whom the plaintiff has knowledge who has y interest in
the property which may be affected by the sale:
Name
Last Known Address (if address cannot e
reasonably ascertained, please indicate)
TenanUOccupant
824 HILLSIDE DRIVE
CAMP HILL, P A 17011
Domestic Relations of Cumberland County
13 North Hanover Street
Carlisle, PA 17013
Commonwealth of Pennsylvania
Department of Welfare
PO Box 2675
Harrisburg, P A 171 05
I verify Ihat the slatements made in this affidavit are true and correcl to the best of y personal
knowledge or information and belief. I understand that false statements herein are made s bject to the
penalties ofl8 Pa, C.S. Sec. 4904 relating to unsworn falsification to authorities.
Mav 18, 2004
DATE
- ~ o.(d~.. ~ doM"LD ~
FRANKFEDERMAN,ESQUffiE
Attorney for Plaintiff
.
WELLS FARGO HOME MORTGAGE, INC.
Plaintiff,
CUMBERLAND COUNTY
v.
No. 04-387 CIVIL TERM
SEAN G. HARPOLD
Defendant(s),
May 18, 2004
TO: SEAN G. HARPOLD
824 HILLSIDE DRIVE
CAMP HILL, P A 17011
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFO ATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCH RGE IN
BANKRUPTCY AND THiS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONS RUED TO BE
AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY'
Your house (real estate) al. 824 HILLSIDE DRIVE, CAMP HILL, PA 17011, is scheduled to
be sold at the Sheriffs Sale on SEPTEMBER 8, 2004 at 10:00 a.m, in Ihe Cumberland C unty
Courthouse, South Hanover Slreet, Carlisle, PA 17013, to enforce the court judgment of$ 14716.15
obtained by WELLS FARGO HOME MORTGAGE, INC. (the mortgagee) against you In the evenl
the sale is continued, an announcement will be made at said sale in compliance with Pa.R, .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:
I. The sale will be cancelled if you pay to the mortgagee the back payments, 1 te charges,
costs and reasonable altomey's fees due, To find out how much you must p y, you may
call: (215) 563-7000.
2.
You may be able to stop the sale by filing a petition asking the Court 10 stri
judgment, ifthe judgment was improperly entered, You may also ask the
postpone the sale for good cause.
e or open the
urt to
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 ore 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 OT ER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If Ihe Sheriff's Sale is not stopped, your property will be sold to Ihe highesl bid er. You may
find out the price bid by calling (215) 563-7000.
2. You may be able 10 pelition the Court to set aside the sale if the bid price was ossly
inadequale compared 10 the value of your property,
3. The sale will go through only if the buyer pays the Sherifflhe full amount due n 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 10 the Sheriff, you will remain Ih owner of the
property as if the sale never happened.
5, You have the righl to remain in the property until the full amount due is paid t the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal procee ings to evict
you.
6, You may be entilled to a share of the money which was paid for your house, schedule of
distribution of Ihe money bid for your house will be filed by Ihe Sheriff within 30 days 0 the sale. This
schedule will state who will be receiving that money, The money will be paid out in acc rdance with
Ihis schedule unless exceptions (reasons why the proposed distribution is wrong) are file 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 b ck, if you acl
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 0 NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OF CE 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
ALL THAT CERTAIN lraot or parce.! of laud and premises, SilUale, lying ana being illlhc Bor ugh
of Wormleysburg illlh. CoUllty of Cumberland and COltUIIonwealth of pcnnsylvlIuill, IIIQre partie arly
described as follows:
BEGINNING al a point OIllhe Western line of Hilt'lide Drive, two hur.dred nlnety.lwo and eighl Ont-
hundredths (292.08) reer m"".ured Northwardly along s.aid line from lbe Norr.bern line of Poplar .' ur<:h
Road; lhence South fifty-three (53) degrees lI1irty (3()j minUlCS WtSI, one buodred thirty (130) f et 10
a point in th. Ea.~crn boundary lint Of Lot N\lII1bcred Fifleen (15): thence NOrth thirty-six (36) ees
thirty (30) minutes West, along the Eastern boundary line of Lot Numbered Flfwen (15), eight -two
(82) feet to a point; thtnce North flfly-thrte (53) degrees thirty (30) minutes East, one bundred irty
(13-0) feel to a point in !he Western line of HlIl.id. Drive: thence by tbe latter, Sotlch thiny-si (36)
degtees tbir!)' (30) minUles East, eighty-two (82) feet to a point. Ihe place of begillning,
TITLE TO SAm PREMISES IS VESTED IN Sean (l. I{;upold, Single Person by Deed fro
Daniel J. Be.r and Diane C. Dest, His Wife dated 7/1511999 and recorded 7/27f1999 in R '
Book 204 Page 636.
Tax I'arcel #47- J 8.1302-153
WRIT OF E~CUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA}.
COUNTY OF CUMBERLAND)
NO 04-387 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and co,ts due WELLS FARGO HOME MORTGAGE, INC.,
Plaintiff (,)
From SEAN G. HARPOLD
(I) You are directed to levy upon the property of the defendanl (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} a, follows:
and to notify the garnisheo(s) that: (a) an attachment has been issued; (b) the garnishee(s) i, enjoined fro
paying any debt to or for the account of the defendant (s) and from delivering any property of the defend nt
(s) or otherwi,e 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 dirocted to notify him/her that he/she has been added as a
ganlishee and is enjoined as above stated.
Amount Due $114,716.15 L.L. $,50
Interest FROM 5119/04 TO 9/8/04 (PER DIEM - $18,86) -- $2,131.18 AND COSTS
Atty's Comm % Due Prothy $1.00
Atty Paid $213.54
Plaintiff Paid
Date: MAY 20, 2004
Other Costs
CURTIS R. LONG
(Seal)
By:
Deputy
REQUESTING PARTY:
Name FRANK FEDERMAN, ESQUIRE
Addre..: 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 ID No. 12248
< "
Real Estate Sale #39
On June lO, 2004 the sherifflevied upon the
defendant's interest in the real property situated in
Wormleysburg Borough, Cumberland County, PA
Known and numbered as 824 Hillside Drive,
Camp Hill, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: June lO, 2004
i~(' ,If
By:'< ~
Real Estat Deputy
VI" ,;, -, < "I' '.' 'ld
f\! 'f .' \ ; /. '~1 (if "~ .:J
~lQ. IU EE Z '{)Z I.UU
^R.j~l\' , . ,i~{)
"J.H\J'3\"; "L J':; j:lk,dJ)
",
@~
~@~
REAL ESTATE SALE No. 39
Writ No. 2004-387 .
Civil Term
Welle Fargo Home
Mortgaga, Inc.
Vs . .
SeanG. Harpold'
Atty: Frank Federman
.DESCRIPTION
ALL THAT CERtAIN tract or parcel of land
aIld premiSes, situate, lying and being in the
Borough of Wonnleysburg in the County of
Cumb~rland and Com'monw~alth of
p~lI1"Ylvania; Wore particularly described "
fu~m: ' .
llEGINNINq at a point on the Western line
of Hillside Dri"", two hundred ninety-two and
~ight . ~ne'hundredths (292.08) feet m~a-sured
Northwardly along said lin~ from the Northern
r 18I'.Churcb Road;th~~eeSouth fifty-
. .~.lj1iI'ty,~~\VIl!l..~ tb
i. .'. ,.~l3lI)~ttolP9"!'inthe~ .
!;......._,.,,1. ':.~l,.<<ti~lf~,J$5);":"
r~.NorlI1dility.~(36)degleel.Il1il!~.~3Q)
lDjn-uteS Wes~ lIlong the l!aaterIl boundary liIle of
~ Nuritlired Fifteen (15), ~ighty.two (82) teet
to a point; thence North fifty-three (53) d~grees
thirty (30) minutes Eas~ on~ bondmt thirty (\30)
feet ~o a point in th~ We,tern line of Hillsid~
Driv~; th~nce by the lat-ter, South thirty-six (36)
degrees thirty (30) minutes Eas~ .~ighty-two (82)
feet to a point; l!1~ place of BEGINNING.
TITLE TO SAID premises is v~sted in Sean
G. Harpold, Single P~"on, by Deed from Daniel
J. Best and Diane C. Bes~ Hi, Wife, dated 7/15/
1999 and recoro~d 7127/1999 in Record Book 204
Pag~ 636.
TAX PARCEL #47-18-1302-153.
.
REAL ESTATE SALE NO. 39
Wlit No, 2004-387 Civil
Wells Fargo Home Mortgage, Inc,
vs,
Sean G, Harpold
Atty.: Frank Federman
ALL TIfAT CERTAIN tract or par-
cel of land and premises, situate,
lying and being in the Borough of
Wormleysburg in the County of
Cumberland and Commonwealth of
Pennsylvania, more particularly de-
sclibed as follows:
BEGINNING at a point on the
Western line of Hillside Olive, two
hundred ninety-two and eight one-
hundredths (292,08) feet measured
Northwardly along said line from
the Northern line of Poplar Church
Road: thence South fifty-three (53)
degrees thirty (30) minutes West,
one hundred thirty (130) feet to a
point in the Eastern boundary line
of Lot Numbered Fifteen (15): thence
North thirty-six (36) degrees thirty
(30) minutes West, along the East-
ern boundary line of Lot Numbered
Fifteen (151. eighty-two (82) feet to
a point; thence North fifty-three (53)
degrees thirty (30) minutes East,
one hundred thirty (130) feet to a
point in the Western line of Hillside
Olive: thence by the latter, South
thirty-six (36) degrees thirty (30)
minutes East, eighty-two (82) feet
. j, to a point. the place of beginnJng,
TITLE TO SAID PREMISES IS
VESTED IN Sean G. Harpold, Single
Person by Deed from Daniel J. Best
and Diane C. Best. His Wife dated
7/15/1999 and recorded 7/27/
1999 in Record Book 204 Page 636,
Tax Parcel #47-18-1302-153,