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HomeMy WebLinkAbout01-6452, FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK MINNESOTA, NA SUCCESSOR BY MERGER TO NORWEST BANK MINNESOTA, N.A., AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITIES Vii, INC. ASSET BACKED CERTIFICATES, SERIES 1997-Ib6 UNDER POOLING & SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 1997. 505 SOUTH MAIN STREET, 6th FLOOR ORANGE, CA 92868-4509 Plaintiff DORIS V. BREHM 100 B. STREET PLAINFIELD, PA 17081 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CWIL DIVISION TERM CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THlS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 0007156078CEM 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. Plaintiffis WELLS FARGO BANK MINNESOTA, NA SUCCESSOR BY MERGER TO NORWEST BANK MINNESOTA, N.A., AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURrriEs Vii, INC. ASSET BACKED CERTIFICATES, SERIES 1997-Ib6 UNDER POOLING & SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 1997 505 SOUTH MAIN STREET SUITE 6000 ORANGE, CA 928684509 The name(s) and last known address(es) of the Defendant(s) are: DORIS V. BREHM 100 B. STREET PLAINFIELD, PA 17081 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On MAY 8, 1997 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to LONG BEACH MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1381, Page 462. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 MARCH 1, 2001 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. A copy of such notice is attached as Exhibit "A." The following amounts are due on the mortgage: Principal Balance Interest FEBRUARY 1, 2001 through NOVEMBER 1, 2001 (Per Diem $12.88) Attorney's Fees Cumulative Late Charges MAY 8, 1997 to NOVEMBER 1, 2001 Cost of Suit and Title Search Subtotal $47,399.87 3,529.12 1,000.00 201.44 550.00 $52,68O.43 Escrow Credit 0.00 Deficit 4,773.23 Subtotal $4,773.23 TOTAL $57,453.66 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. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINIFF demands an in rem Judgment against the Defendant(s) in the sum of $57,453.66, together with interest from NOVEMBER 1, 2001 at the rate of $12.88 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. /s/Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff AmerklUCSt Mortgage Company 50.S $oulh Mare St.. Suhe 6001) ()range, CA 9296N-4509 May 2, 2001 Doris V. Brchm I0() B Street Plainlield PA 17081 ACT 91 NOTI CE TAKE ACTION TO SAVE YO R HOM FROM FO RECLOsu RUE E STATEMENFS OF POUC~ Loan Account No: 0007156078 Property Address: 100 B Street, Plainfield PA 17081 Original Lender: Ameriquest Mortgage Company Current Lender/Servicer: Ameriquest Mortgage Company THIS FIRM IS A DEBT COl I FCTOR A~G TO CO1 ],FC-T A DEBT. THIS NOTICE IS SI~IT TO YOU IN AN ATFEMPT TO COl ] ,Fcr THE IND~ AND ANY INFORMATION OBTAINED FROM YOU WI1 I, BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKR~, TI~S CORRESPONDENCE IS NOT AND SHOUI~ NOT BE CONSTRUI~.I~ TO BE AN ATTEMPT TO COt J,FdL-*'F A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on your home is in default~ and the lender intends to IOreclose. :Specific information about the nature of the detault is provnded in the attached pages. The ItOMEOWIN~ER'S IVK)ITIX~AGE ASSISfI*ANCE PRCN3RAM (ltEMAP) may be able to help to save your home. This Notice explains bow the program works. To see if HEMAP can help, ymJ must MEET WITH A CONSUMER CREDIT COUNSFI,ING AGENCY WFIHIN 30 DAYS OF *IHE DATE OF 'IHIS NOTICE. Take this Notice with you when you meet with the Counseling A~ency. The name7 address and phone number of Consumer Credit Counseling Ageneles serving your · County ~re listed at the end of this Notice. II you have any question% you may call the Pennsylvania Housingiqnanee A~ency toll tree ~lt I-,~[N~-342-Z39'/. (Persons with imlmired liem'inff (717) ?m~]mg). This Notice contains important I_egai information. If you have any questions, representatives at the Consumer Credit Counseling Agency nmy be ~ie to help explain it. You ma}, also want to contact an attorney in your aren. 1he local Imf msodation may be able to help you find a lawyer. LA NOTIFICACION EN ADIUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA ttOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. EXHIBITA 580 HOMEOXVNER'S EMERGENCat' MORTGAGE A.%SISTANCE PROGRAM YOU MAY BE El JGIBLE FOR FINANCIAL ASSISTANCE WIIICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HEI P YOU MAKE FUTURE MORqGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (TI-IE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSIST~MNCE: IF YOUR DFYAULT IlAS BFI~/CAUSED BY CIRCL~ISTANCES BEYOND YOUR CONTROL, IF YOU tlAVE A RFASONABi~ PROSPECT OF BEING ABlE TO PAY YOUR MORTGAGE PAYMEN'IS, AND IF YOU MEET OTllER ELIGIBILITY REQU1REMENIS F~STABLISIIED BY TIlE PENNSYLVANIA tlOUSING FINANCE AGENCY. TEMPORARY ,RFAY OF F?~URE - Under the Act, you are entitled to a temporary stay pt toreclosure on your mortgage tot thirty (30) days from the date of this Notice. During that time you must arrange al~d attenda face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this NoticcTHIS MF.k-TING MUSq' OCCUR WITHIN THE NEXT THIRTY ~ IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUSTERING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGA6E DEFAULT", EXPLAINS HOW TO BRING YOUR M()RT(iA(iE UP T() DATE. CONSUMER CRk-~IT COUNSFI ING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end pt-this notice, the lender may NOT take action against you Ibr thirty(30) days aEer the date pt' this meeting. The names, addresses and telephone numbers pt aes~atea consumer cremt counsenng agencies for the county in wmcn me prBperty is locateWare set Iorm at me end pi tins ~otme. It ~s only necessary to schedule one tace-to-face meeting. Advise your lender immediately of your intentions. ~P~CA~ON'~R ~AGE ~I~- Your mortgage is in a default for the reasons set lbrth later m this Notice (~e fbllo~ng pages for specific ~n~ormation about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeomer's Emergency Mort~ge Assistance Program. To do so,you must fill out, sibm and file a completed Homeomer'sEmergency Assistance Program 6pplication with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling 9gencies have applications for the pro,am and they ~ll assist you in submitting a complete apphcation to the P~nnsylvania Housing Finance Agency. Your application MU~ be filed or postmarked ~thin thirty (30) days of your face-to-face meeting. YOU ~ ~ YO~ ~P~CA~ON PRO~Y. W YOU F~ ~ ~ ~ OR W YOU ~ NOT ~W TI~ O~ ~ P~O~ S~ ~! IN ~S L~ ~~S~ ~Y P~ AG~ YO~ ~ ~~Y ~ YO~ ~P~ON ~R ~i~AGE ~ISI'~E ~1 .I, BE D~I~. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibihty criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60} days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PR(YIEC'D~ BY THE FI11NG OF A PETITION IN BANKRUPTCY, TIlE FO!.I OWING PART OF TIlls NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERIUB AS AN ATIEMPT TO COl I FCT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) EXHIBIT A 580 May '" 2001 Loan Number: 0007156078 HOW TO ("tiRE YOUR MORTGAGE DEFAIII.T {Bring it np to date). A. YOU ItAVE NOT MADE MONTIILY MORTGAGE PAYMENTS for the following months and the following ammmts are pasl due: 03/01/111 thru 05/02/01 Monthly Payments plus late charges or other fees: $2713.91 Total Amount to Cure Default: $2713.91 B. YOU HAVE FAll El)TO TAK~ 1tie FOLLOWING ACTIONS (Do not use if not applicable): N/A ItOW TO CURE THE DEFAULT- You may cure the default within T}tlRTY (30) DAYS of the date of this notice BY PAYIING lllE IOTAL AMOUNT PAbq' DUE TO THE I.ENDER, WHICH IS $2713.91 PLUS PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE Tl lll~.TY (30) DAY PEII. IO D. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent Io: Ameriquest Mortgage Company 505 South Main St., Suile 6000 Orange, CA 92868-4509 You can cure any other default by taking the [bllowing action within THIRTY (30) DAYS of the date of this letter. (Do not usc if not applicable.) N/A. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date oi" t lis Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you ma}, lose the chance to pay the mortgage in monthly installments. If tull payment of the total amount past due is not made within THIRTY (30) DAYS, thc lender aim intends to instruct its attorney to start legal action to rorecl,o~e upon your ma'tgage property. IF 1BE MORTGAGE IS FORECLOSED UPON - Thc mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency befbre the lender befina e ,lzal proceedings againsl you, yoo will still be required Itl pay tile reasonable attorney's lkes that were'actually incurred, tip to $50.00. However, if legal proceedings are started against you, you will have to pay all reamnable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added !o the. am,o,u, nt.~to, the lender, which may also include other reachable costs. If you cure the default within the ~.tK, · (30) DAY period? you will not be required to pay attorneys lees, OTHER I .FNDER REMFDIES - The lender may also sue you personally for thc unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIF'F'S SALE - If you have not cured the default within the THIRTY (30) DAY period and Ibreclosure proceedings have begun, you still have the right to cure the defau t and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying Iht: total amount then past due, plus any late or other charges then due, reasonable attorney · t~es and costs connected with the foreclosure .sale and any other costs connected with the Sheriffs SaLe as specified in writing by the lender and by performing any other requirements under the mortgage. IJuri,ng your delault tn tire manner set lortb in Chis noti,ce will restore your mortgage to t~e same lx~tion as i~you had never defaulted. EXHIBIT A 58O EARLIEST PO,~SIBLE ,~qERIFF'S SALE DATE - It is estimated that the earliest date that such a Shertt't's Sale of the mortgalzed pronerty could be held would be aoproximately SlX (6) MONTHS. from the, date of this Notice. A no'bce office actual date of the Sheriffs Sale will be sent to you before tl~e sale. Of course, the amount ne?ed to cure the dethult will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE 1 Ameriqu.es[ Mor[gage~ Comj~n~y 505 South Main ~., ~uite Orang~ CA 92868-4509 Phone Number 800-430-5262 x 5812 Fax Number 714-242-1903 EFFECT OF SHERIFF'S SAI,E- You should realize that a Sheriff's Sale will end your ownership of the mort~aeeo property ano your right to occupy it. If you continue to live in the prooerty after the SheriffsX3a'le, a lawsuifto remove you and your furnishings and other belon~ngs could be started by the lender at any time. A~SUMFI1ON OF MORTGAGE - You~ may or X_._.~__may not s.ell or tra. nsfer your. home to a buyer or transteree who will assume tl~e mortgage debt, provided that all tt~e outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other reqmrements of the mortgage are satisfied. . YOU MAY AI.e~ HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTltER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO IIAVE TIIIS DEFAULT CURED BY ANY TIIIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT ItAD OC,C, URRED~ IF YOU CURE THE DEFAULT. (ItOWEVER, YOU DO NOT HAVE TH1S RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. ' TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY TIIE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED Very truly yours, Ameriquest Mortgage Company /~c: Ameriquest Mortgage Company ttn: Collections Department . Loan Number: 0007156078 Mailed by Ist Class Mail and by Certified Mail EXHIBITA 580 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEO~VNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSEl .lNG AGENCIF$ (REV. S/O0) _CU_ _MBERLAND_ (~OUNTV CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Ilarrisburg, PA 17102 (717) 541-1757 FAX~ (717) 541-4670 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 1717) 762-3285 Urban League nf Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX# (717) 234-9459 Community Action Commission of the Capital Region 1514 Derry Street Harrisburg, PA 17104 1717) 232-9757 FAX# (717) 234-2227 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717)243-3818 FAX// (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 .XHIBITA e~.boro To~.sh~p, ~-ber a~d.~°~-°~ ~oU~d situate ~~ ....... described in accordance With 10t layout of Gilbert Q. crosley as Pennsylvania, bounded and recorded in the Office of the ReCOrder of Deeds in and for CUmberland County at Carlisle, Pennsylvania, in Plan Book 11, Page 46, and survey made by Thomas A. Neff, Registered SUrveyor, Lucy Herrada hereby states that4'~e/she is Foreclosure Coordinator Of Litton Loan Servicing LP mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: SHERIFF'S RETURN - REGULAR CASE NO: 2001-06452 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK MINNESOTA VS BREHM DORIS V RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BREHM DORIS V the DEFENDANT , at 2054:00 HOURS, on the 16th day of November , 2001 at 100 B STREET PLAINFIELD, PA 17081 DORIS V BREHM (JOHNSON) a true and attested copy of by handing to COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.90 Affidavit .00 Surcharge 10.00 .00 31.90 Sworn and Subscribed to before me this ~2d~'~ day of ~ ~7~3f A.D. 1~ Prothonotary So Answers: R. Thomas Kline 11/19/2001 FEDERMANBy: &~~_~ Deputy Sheriff FEDERMAN AND PHELAN 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; NA SUCCESSOR BY MERGER TO NORWEST BANK MNNESOTA, N.A., AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITES VII, INC. ASSET BACKED CERTIFICATES, SERIES 1997- IB6 UNDER POOLING & SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 1997 505 SOUTH MAIN STREET, 6TH FLOOR ORANGE, CA 92868-4509 Plaintiff, DORIS V. BREHM CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6452 Defendant(s). PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against DORIS V. BREHM, 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 11/1/01 to 12/24/01 TOTAL $57,453.66 $695.52 $58,149.18 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. FEbiERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. PRO PIItOTHY - - (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WELLS FARGO BANK MINNESOTA, NA SUCCESSOR BY MERGER TO NORWEST BANK MNNESOTA, N.A., AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITES VII, INC. ASSET BACKED CERTIFICATES, SERIES 1997- IB6 UNDER POOLING & SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 1997 505 SOUTH MAIN STREET, 6TH FLOOR DORIS V. BREHM Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6452 Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 6E/PiJT¥ If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCENDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** FEDERMAN and PHELAN 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, NA SUCCESSOR BY MERGER TO NORWEST BANK MNNESOTA, N.A., AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITES VII, INC. ASSET BACKED CERTIFICATES, SERIES 1997- IB6 UNDER POOLING & SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 1997 505 SOUTH MAIN STREET, 6TH FLOOR DORIS V. BREHM Plaintiff, ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6452 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 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 DORIS V. BREHM is over 18 years of age and resides at, 100 B STREET, PLAINFIELD, PA 17081. 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 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WELLS FARGO BANK MINNESOTA, NA SUCCESSOR BY MERGER TO NORWEST BANK MNNESOTA, N.A., AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITES VII, INC. ASSET BACKED CERTIFICATES, SERIES 1997- IB6 UNDER POOLING & SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 1997 Plaintiff, : No. 01-6452 DORIS V. BREHM Defendant(s)· TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 12/24/01 to 6/5/02 (per diem -9.56) TOTAL $58,149.18 ~ $1,558.28 and Costs $59,707.46 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. ALL THAT CERTAIN house and lot of ground situate in West Pennsboro Township, Cumberland County; Pennsylvania, bounded and described in accordance with lot layout of Gilbert Q. Crosley as recorded in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, l~.ennsylvania~ in Plan Book 11, Page 46, and survey made by Thomas A. Neff, Registered Surveyor, on May 17, 1966. BEGINNING at a spike in the centerline of a 33 feet wide unnamed public street extending Northwardly from Pennsylvania Route No. 641 where the same intersects the centerline of said unnamed 33 feet wide public street mnn~ug Eastwardly therefrom; thence from said spike at the place of BEGINNING, South 65 degrees 45 minutes East, a distance of 95 feet to a point; thence along the Western line of Lot No. 20 now or formerly of Thomas Lebo, South 24 degrees 15 minutes West, a distance of 126 feet to a point on the Nor[hem line of Lot No. 17 now or formerly of Thomas Lebo; thence along the Northern line of a portion of Lot No. 17 now or formerly of Thomas Lebo and the Northern line of all of Lot No. 18 now or formerly of Christine Kluck, North 83 degrees 25 minutes West, a distance of 99.70 feet to a spike in the centerline of said 33 feet wide unnamed public street extending Northwardly from Pennsylvania Route No. 641; thence along the centerline of said 33 feet wide unnamed public street, North 24 degrees 15 rain,ires East, a distance of 156.25 feet to a spike at the place of BEGINNING. CONTAINING all of Lot No. 19 as shown on said Plan of Lots recorded as aforesaid and having thereon erected a one-story brick cased ranch-type dwelling with other improvements. BEING No. 100 "B" Street a/k/a Lot 19, Plan Book 1146. TAX MAP NUMBER: 18-1392 PARCEL NUMBER: 013 TITLE TO SAID PREMISES IS VESTED IN Doris V. Brehm~ married person by reason of the following: BEING the same premises which Richard A. Lindsey and Patricia M. Lindsey, husband and wife by Deed dated 11/29/1971 and recorded __/__/__ in the County of Cumberland in Deed Book "J" Volume 24 Page 1058 conveyed unto Donald R. Brehm, Jr. and Doris V. Brehrn, husband and wife. AND ALSO BEING the same premises which Donald R. Brehm~ Jr., married person by Deed dated 10/6/1995 and recorded 11/8/1995 in the County of Cumberland in Record Book 130 Page 1086 conveyed unto Doris V. Brehm, married person. FEDERMAN and PHELAN 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, NA SUCCESSOR BY MERGER TO NORWEST BANK MNNESOTA, N.A., AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITES VII, INC. ASSET BACKED CERTIFICATES, SERIES 1997- IB6 UNDER POOLING & SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 1997 Plaintiff, DORIS V. BREHM Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6452 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin 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 WELLS FARGO BANK MINNESOTA, NA SUCCESSOR BY MERGER TO NORWEST BANK MNNESOTA, N.A., AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITES VII, INC. ASSET BACKED CERTIFICATES, SERIES 1997- IB, 6 UNDER POOLING & SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 1997 Plaintiff, DORIS V. BREHM Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6452 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WEI,LS FARGO BANK MINNESOTA~ NA SUCCESSOR BY MERGER TO NORWEST BANK MNNESOTA~ N.A, AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITES VII, INC. ASSET BACKED CERTIFICATES~ SERIES 1997-IB6 UNDER POOLING & SERVICING AGREEMENT DATED AS OF NOVEMBER 1~ 1997, Plaintiffin thc 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 ,100 B STREET~ PLAINFIELD~ PA 17081 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DORIS V. BREHM 100 B STREET PLAINFIELD, PA 17081 2. Name and address of Defendant(s) in thejudgrnent: DORIS V. BREHM 100 B STREET PLAINFIELD, PA 17081 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Narne Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name PENNSYLVANIA HOUSING FINANCE AGENCY 5. Name and address of every other person who Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 2101 N. FRONT STREET HARRISBURG, PA 17105 has any record lien on the property: Last Known Address (if address cannot be reasonably ascertained, please indicate) 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. Nalne Last Known Address (if address cannot be reasonably ascertained, please indicate) DONALD R. BREHM 100 B STREET PLAINFIELD, PA 17081 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 100 B STREET PLAINFIELD, PA 17081 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 of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. December 24, 2001 DATE FRANK FEDEPdVL41q, Attorney for Plaintiff WELLS FARGO BANK MINNESOTA, NA : SUCCESSOR BY MERGER TO NORWEST BANK : MNNESOTA, N.A., AS TRUSTEE OF SALOMON : BROTHERS MORTGAGE SECURITES VII, INC. : ASSET BACKED CERTIFICATES, SERIES 1997- : IB6 UNDER POOLING & SERVICING : AGREEMENT DATED AS OF NOVEMBER 1, : 1997 : Plaintiff, DORIS V. BREHM Defendant(s). CUMBERLAND COUNTY No. 01-6452 December 24, 2001 TO: DORIS V. BREHM 100 B STREET PLAINFIELD, PA 17081 **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 PRE VIOUSL Y 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 ~ 100 B STREET~ PLAINFIELD~ PA 17081, is scheduled to be sold at the Sheriff's Sale on JUNE 5~ 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 58~149.18 obtained by WELLS FARGO BANK MINNESOTA~ NA SUCCESSOR BY MERGER TO NORWEST BANK MNNESOTA, N.A, AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITES VIL INC. ASSET BACKED CERTIFICATES~ SERIES 1997-IB6 UNDER POOLING & SERVICING AGREEMENT DATED AS OF NOVEMBER 1~ 1997 (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the SEPIEMBER 4, 2002 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's 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 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 oxvner 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 Sheriffwithin 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 Sheriffwithin ten (10) days afier the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately afier 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 ALL THAT CERTAIN house and lot of ground situate in West Pennsboro Township, Cumberland County; Pennsylvania, bounded and described in accordance with lot layout of Gilbert Q. Crosley as recorded in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, P.ennsylvania~ in Plan Book 11, Page 46, and survey made by Thomas A. Neff, Registered Surveyor, 6n May 17, 1966. BEGINNING at a spike in the centerline of a 33 feet wide unnamed public street extending Northwardly from Pennsylvania Route No. 641 where the same intersects the centerline of said unnamed 33 feet wide public street running Eastwardly therefrom; thence from said spike at the place of BEGINNING, South 65 degrees 45 minutes East, a distance of 95 feet to a point; thence along the Western line of Lot No. 20 now or formerly of Thomas Lebo, South 24 degrees 15 minutes West, a distance of 126 feet to a point on the Northern line of Lot No. 17 now or formerly of Thomas Lebo; thence along the Northern line of a portion of Lot No. 17 now or formerly of Thomas Lebo and the Northern line of all of Lot No. 18 now or formerly of Christine Kluck, North 83 degrees 25 mluutes West, a distance of 99.70 feet to a spike in the centerline of said 33 feet wide unnamed public street extending Northwardly from Pennsylvania Route No. 641; thence along the centerline of said 33 feet wide unnamed public street, North 24 degrees 15 minfites East, a distance of 156.25 feet to a spike at the place of BEGINNING. CONTAINING all of Lot No. 19 as shown on said Plan of Lots recorded as aforesaid and having thereon erected a one-story brick cased ranch-type dwelling with other improvements. BEING No. 100 "B" Street aJk/a Lot 19, Plan Book 1146. TAX MAP NUMBER: 18-1392 PARCEL NUMBER: 013 _TITLE TO SAID PREMISES IS VESTED IN Doris V. Brehm: married person by reason of the following: BEING the same premises which Richard A. Lindsey and Patricia M. Lindsey, husband and wife by Deed dated 11/29/1971 and recorded __1__1__ in the County of Cumberland in Deed Book "J" Volume 24 Page 1058 conveyed unto Donald R. Brehm, Jr. and Doris V. Brehm, husband and wife. AND ALSO BEING the same premises which Donald R. Brehm~ Jr., married persor~ by Deed' dated 10/6/1995 and recorded 11/8/1995 in the County of Cumberland in Record Book 130 Page 1086 conveyed unto Doris V. Brehm> married person. FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 COURT OF COMMON PLEAS (215) 563-7000 CIVIL DIVISION WELLS FARGO BANK MINNESOTA, NA SUCCESSOR BY MERGER TO NORWEST BANK MNNESOTA, N.A., AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITES VII, INC. ASSET BACKED CERTIFICATES, SERIES 1997-IB6 UNDER POOLING & SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 1997 CUMBERLAND COUNTY No.: 01-6452 DORIS V. BREHM MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Frank Federman, Esquire, moves this Honorable Court for an Order directing service of the Notice of Sale upon the above captioned Defendant(s) by certified mail and regular mail to Defendant's last known address. 1. Attempts to serve Defendant with Notice of Sale have been unsuccessful, as indicated by the Affidavit of Service attached hereto as Exhibit "A." 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Good Faith Investigation setting forth the specific inquiries made and the results there from is attached hereto as Exhibit "B." WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Notice of Sale by certified mail and regular mail to Defendant's last known address. FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQLqRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY WELLS FARGO BANK MINNESOTA, NA SUCCESSOR BY MERGER TO NORWEST BANK MNNESOTA, N.A., AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITES VII, INC. ASSET BACKED CERTIFICATES, SER2ES 1997-IB6 UNDER POOLING & SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 1997 No.: 01-6452 VS. DORIS V. BREHM MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. Note: A Sheriffs return of"Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis., 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165,360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Affidavit of Service, marked hereto as Exhibit "A", the Sheriff has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Good Faith Investigation, marked Exhibit "B." WItEREFORE, Plaintiff respectfully requests service of the Notice of Sale by certified mail and regular mail to Defendant's last known address. Respectfully submitted: FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION FRANK FEDERMAN, ESQUIRE, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE OF THE NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT 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. Sec. 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION WELLS FARGO BANK MINNESOTA, NA SUCCESSOR BY MERGER TO NORWEST BANK MNNESOTA, N.A., AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITES VII, INC. ASSET BACKED CERTIFICATES, SERIES 1997-IB6 UNDER POOLING & SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 1997 CI_rMBERLAND COUNTY No.: 01-6452 VS. DORIS V. BREHM CERTIFICATION OF SERVICE I, FRANK FEDERMAN, ESQUIRE, hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court has been sent to the individuals indicated below on February 28, 2002. DORIS V. BREHM 100 B STREET PLAINFIELD, PA 17081 FRANK FEDERMAN, ESQUIRE Attomey for Plaintiff Date: February 28, 2002 PLAINTIFF AFFIDAVIT OF SERVICE WELLS FARGO BANK MINNESOTAi NA SUCCESSOR BY MERGER TO NORWEST BANK MNNESOTA, N.A., AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITES VII, INC. ASSET BACKED CERTIFICATES, SERIES 1997-IB6 UNDER POOLING & SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 1997 DEFENDANT(S) DORIS V. BREHM SERVE DORIS V. BREHM AT 100 B STREET PLAINFIELD, PA 17081 CUMBERLAND COUNTY No. 01-6452 ACCT. #0007156078 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 5, 2002 .YP6 SERVED Served and madeknownto at , o'clock__.m.,at , Defendant, on the day of ,200_, , Commonwealth of Pennsylvania, in the manner described below: __ Defendant personally served. __Adult family member with whom Defendant(s) reside(s). Relationship is __ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. __ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age__ Height__ Weight Race __ Sex __ Other [, , a competent adult, being duly swom according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of ,200_. Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPED. On the Moved __ Unknown ~' No Answer __ Vacant Sworn to ann SUDSCnDeG . * / x ~ Attor~y ~r Plaintiff ~ ~ Frank Federman, Esquire- I.D. No. 12~48 I~ ...... ~~ NOT SERVED - day of o clock .m., Defendant NOT FOUND because: /, PLAYERS NATIONAL LOCATOR AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number: 01-6452 Attorney Firm: TRACK STARS Case Number: Subject: DORIS V BREHM A.K.A.: None Last Known Address: 100 B STREET PLAINFIELD, PA 17081 Last Known Number: ( ) Michael K Gross, being duly sworn according to law, deposes and says: 1. I am employed in the capacity of President for Players National Locator. 2. On 01/24/2002, I conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as follows: CREDIT INFORMATION - A. SOCIAL SECURITY NUMBER: -- EXHIBIT.,'B" B. EMPLOYMENT SEARCH: Unable to locate a good employer for Doris. C. INQUIRY OF CREDITORS: The creditors indicated that Doris is using 100 B Street, Plainfield, Pa. 17081 with no valid home phone number. INQUIRY OF TELEPHONE COMPANY - A. DIRECTORY ASSISTANCE SEARCH: The directory assistance has no listing for Doris Brehm. INQUIRY OF NEIGHBORS - Unable to locate any neighbors to confirm where Doris V Bmhm is living. INQUIRY OF POST OFFICE - A. NATIONAL ADDRESS UPDATE: As of January 16, 2002 the National Change of Address (NCOA) has no change for Doris from PO Box 100, Plainfield, Pa. 17081. We were unable to verify t00 B Street, Plainfield, Pa. 17081 with the post office. MOTOR VEHICLE REGISTRATION - A. MOTOR VEHICLE & DMV OFFICE: Unable to obtain drivers licensing information. OTHER INQUIRIES - A. DEATH RECORDS: As of January 16, 2002 the Social Security Administration has no death record on file for Doris V Brehm under her social security number. B. PUBLIC LICENSES ( PILOT, REAL ESTATE, ETC. ): None Found ~'~;~ ll~ C. COUNTY VOTER REGISTRATION: The Voters Registration Office has no listing for Doris. OTHER SEARCHES - Unable to locate any tax records for Doris Brahm at 100 B Street, Plainfield, Pa. 17081. ADDITIONAL INFORMATION ON SUBJECT - A. DATE OF BIRTH: Unable to verify date of birth. AFFIANT/~/~ K Gross Subscri and sworn t efore rn o 4/ 2 ~ ~~.s_bsl. i~i /// / ? / ~/ Players National Locator 113 01d State Road, Suite 104 St. Louis, MO 63021 Phone: (636) 230-9922 Fax: (636) 230-0558 FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK MINNESOTA, NA SUCCESSOR BY MERGER TO NORWEST BANK MNNESOTA, N.A., AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITES VII, INC. ASSET BACKED CERTIFICATES, SERIES 1997-IB6 UNDER POOLING & SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 1997 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CWIL DiVISION CUMBERLAND COUNTY No.: 01-6452 VS. DORIS V. BREHM MAR 1 2 ?002') .ORDER AND NOW, this _~.~ day of ~1~ , 2002, upon consideration of PlaintilTs Motion and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Notice of Sale on the above captioned Defendant(s), DORIS V. BREHM, by mailing a true and correct copy of the Notice of Sale by certified mail and regular mail to Defendant's last known address and the mortgaged premises. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit of service. BY FEDERMAN AND PHELAN BY: FRANK FEDERMAN IDENTIFICATION NO. 12248 SUITE 1400 - ONE PENN CENTER PHILADELPHIA, PA 19103 215) 563-7000 ATTORNEY FOR PLAINTIFF WELLS BANK MINNESOTA, NA, ET. AL. VS. DORIS V. BREHM CUMBERLAND COUNTY COURT OF COMMON PLEAS CWIL DIVISION NO. 01-6452 VER IFIC A TION I hereby certify that a true and correct copy of the Notice of Sheriffs Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to the following person(s) DORIS V. BREHM on 3/19/02 as evidenced by the attached receipts, in accordance with the Order of Court dated, 3/13/02. The undersigned understands that this statement is made subject to the penalties of 18 PA. C.S. s4904 relating to unswom falsificaton to authorities. FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF DATE: March 20, 2002 z .,< '~ 7160 3901 9844 7042 8261 TO: DORIS V. BREHM P.O. BOX 100 PLAINFIELD, PA 17081 SENDER: KMD REFERENCE: SALES BREHM . PS Form 3800, June 2000 RETURN Postage ! .34 RECEIPT Cedifled Fee ~~ 2. l 0 SERVICE Return Receipt Fee ~_[N /: 1.90 US Postal Service Receipt for Certified Mail 7160 3901 9844 7042 8278 'ro: DORIS V. BREHM 100 B STREET PLAINFIELD, PA 17081 SENDER: KMD REFERENCE: SALES BREHM PS Form 3~00, June 2000 RETURN ~ J_ .34 Receipt for ~~:/ Certified Mad ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND cOUNTY, PENNSYLVANIA RE: WELLS FARGO BANK MINNESOTA, NA SUCCESSOR BY MERGER TO NoRWEST BANK MINNESOTA, NA, AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITIES VII, INC. ASSET BACKED CERTIFICATES, SERIES 1997-1B6 UNDER POOLING & SERVICING AGREEMENT DATED AS OF NOVEMEBER 1, 1997 CIVIL ACTION VS. DORIS V. BREHM ) CIVIL DIVISION ) NO. 01-6452 ~CE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) I, FRANK FEDERMAN, ESQUIRE attorney for WELLS FARGO BANK MINNESOTA, NA SUCCESSOR BY MERGER TO NORWEST BANK MINNESOTA, NA, AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITIES VII, INC. ASSET BACKED CERTIFICATES, SERIES 1997-1B6 UNDER POOLING & SERVICING AGREEMENT DATED AS OF NOVEMEBER 1, 1997 hereby verify that on 12128101,311102, & 3119102 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. Notice of Sale was sent to the Defendant(s) on 12128101, 3119102, 2/28102 by certified mail return receipt requested see Exhibit "B" attached hereto. DATE: May 6, 2002 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff LU~ >,~ ZO"' ~ 7160 3901 9844 7042 8261 TO: DORIS V. BREHM P.O. BOX 100 PLAINFIELD, PA 1708-1 SENDER: KMD SALESBREHM REFERENCE: PS Form 3800, June 2000 RETURN RECEIPT Ce~fled Fee SERVICE Return Receipt Fee ! Restricted Delivery / Total Postage & Fees US Postal Service Receipt for · Certified Mail No Insurance Coverage Provided Do Not Use for International Mail .34 2.10 ~<~3.2U 7160 3901 9844 6;32 TO: DORIS V. BREHM 100 B STREET PLAINFIELD, PA 17081 SENDER: JPG REFERENCE: BI~EHM,DORIS PS Form 3800, June 2000 RETURN t Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mail .34 2.10 1.50 ATE~~ 7160 3901 9844 7042 8278 TO: DORIS V. BREHM 100 B STREET PLAINFIELD, PA 17081 7160 3901 9844 7038 8428 TO: DORIS V BREHM - PO BOX 100 PLAINFIELD, PA 17081 SENDER: KMD SALES BREHM REFERENCE: SENDER: TEAM5 REFERENCE: BREHM, D PS Form 3800, June 2000 PS Form 3000, June 2000 pn_ _~9,~ .34 RETURN LP°e~? 3.A _ RECEI~ [ 2. RECEI~ [Ce~ F~ 1 g~ - Rece,pt for K~~~: Recmpt for -'' ,,~ ~, Ce~ified Mail ~ ' Ce~ified Mail - ' NO Ip~ur~ ~m~ Pr~id~ No Insum~ C~e P~, ~ Oo Not Use ~r fote~onal M~ Do Not U~ ~r I~e~tlee~ ~1 STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND ss. Robert p Ziegler ...................................................................... Recorder of Deeds in and for said County and State do'herchy certify that the Sheriff's Deed in which ___ Salomon Brothers Mtg Securitie's VtI Inc Tr ............. .................................................................................... is thc grantee the sa,mc having been sold to said grantee on the ..... 5th Ju~e .......................................... day of O2 ........................................ A. D., .,' ..... , under and by vlt~ue of a writ ..... Execution ......... ................................................ issued on the ...... 8 t h January 02 .......................... day of .......................... A. D., Civil ..... ~ out of the Com-t of Comman Pleas of said County'as of 01 .................................................................................. Term, i ..... · 6452 Wells Fargo Bk Minnesota NA sbn Norwest ~'~ ................................... against .................................................... is duly recorded in Sheriff's Deed Book No 252, ............. Page 1622 Minnisota Backed IN TESTIMONY WHEREOF, I have hereunto set m~/~and and seal of said office this .~.___--~._. day of ___~/~a~ ~ -~ Wells Fargo Bank Minnesota, N.A., Successor by merger to Norwest Bank Minnesota, N.A., as Trustee of Salomon Brothers Mortgage Securities VII, Inc. Asset Backed Certificates, Series 1997-IB6 Under pooling and servicing aggreement dated As of November 1, 1997 VS Doffs V. Brehm In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6452 Civil Term Harold Weary, Deputy Sheriff, who being duly sworn according to law, states that on March 04, 2002 at 5:16 o'clock pm, EST, 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: Doris V. Brehm, by making known unto Doffs V. Brehm (n/k/a Doris V. Johnson through mart/age) personally, at 304 Walnut Lane, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2002 at 8:45 o'clock A.M., E.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Doris V. Brehm located at 100 B Street, Plainfield, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Doris V. Brehm, by regular mail to her last known address of 304 Walnut Lane, Carlisle, PA 17013. This letter was mailed under the date of April 04, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due .a~d legal notice had been given according to law, exposed the within described prennses at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on June 5, 2002 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, NA successor by merger to Norwest Bank Minnesota, N.A., as Trustee of Salomon Brothers Mortgage Securities VII, Inc., Asset Backed Certificates, Series 1997-IB-6 Under Pooling & Se. rvicing Agreement Dated as of November 1, 1997. It being the highest bid and best price received for the same, Norwest Bank Minnesota, N.A., as Trustee of Salomon Brothers Mortgage Securities VII, Inc., Asset Backed Certificates, Series 1997~1B~6 Under Pooling & Servicing Agreement Dated as of November 1, 1997 of 505 South Main Street, 6th Floor, Orange, CA 92868-4509, being the buyer in this execution, paid Sheriff R. Thomas Kline the sum of $1,086.69, it being costs. Sheriff's Costs: Docketing $30.00 Poundage 21.73 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 8.28 Certified Mail 2.41 Levy 15.00 Surcharge 20.00 Law Journal 493.25 Patriot News 366.55 Share of Bills 25.20 Distribution of Proceeds Sheriff's Deed 25.00 2--9.5_0 $1108.42 paid by attorney 06/19/2002 Sworn and subscribed to before me This ~ day. of 2002, A.D.~ Pr~honotary ' So Answers: R. Thomas Kline, Sheriff Real Estate )~eput~ WELLS FARGO BANK MINNESOTA, NA : SUCCESSOR BY MERGER TO NORWEST BANK : MNNESOTA, N.A., AS TRUSTEE OF SALOM~)N : BROTHERS MORTGAGE SECURITES'VII, INC. : ASSET BACKED CERTIFICATES, SERIES 1997- : IB6 UNDER POOLING & SERVICING : AGREEMENT DATED AS OF NOVEMBER 1, : 1997 : Plaintiff, DORIS V. BREHM Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6452 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO BANK MINNESOTA~ NA SUCCESSOR BY MERGER TO NORWEST BANK MNNESOTA~ N.A, AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITES VIL INC. ASSET BACKED CERTIFICATES~ SERIES 1997-IB6 UNDER POOLING & SERVICING AGREEMENT DATED AS OF NOVEMBER L 1997, 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 ~100 B STREET, PLAINFIELD~ PA 17081 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate DORIS V. BREHM 100 B STREET PLAiNFIELD, PA 17081 2. Name and address of Defendant(s) in the judgment: DORIS V. BREHM 100 B STREET PLAINFIELD, PA 17081 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 of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PENNSYLVANIA HOUSING FINANCE AGENCY 2101 N. FRONT STREET HARRISBURG, PA 17105 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) DONALD R. BREHM I00 B STREET PLAINFIELD, PA 17081 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 100 B STREET PLAINFIELD, PA 17081 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 of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. December 24, 2001 '~.~ ~ DATE FRANK FEDERM~d'~, ES~r-"~ Attorney for Plaintiff WELLS FARGO BANK MINNESOTA, NA : SUCCESSOR BY MERGER TO NORWEST.BANK : MNNESOTA, N.A., AS TRUSTEE OF .SALOMON : BROTHERS MORTGAGE SECURITES VII, INC. : ASSET BACKED CERTIFICATES, SERIES 1997- : IB6 UNDER POOLING & SERVICING : AGREEMENT DATED AS OF NOVEMBER 1, : : 1997 Plaintiff, DORIS V. BREHM Defendant(s). CUMBERLAND cOUNTY No. 01-6452 December 24, 200l TO: DORIS V. BREHM 100 B STREET PLAINFIELD, PA 17081 ** THIS FIRM IS A DEB T COLLECTOR ATTEMPTING TO COLLECT,4 DEB T A ND A NY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, B UT ONLY ENFORCEMENT OF A LIEN A GA INST PROPER TY. ** Your house (real estate) at · 100 B STREET~ PLAINFIELD~ PA 17081~ is scheduled to be sold at the SherifPs Sale on JUNE 5~ 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $8A49.18 obtained by WELLS FARGO BANK MINNESOTA NA SUCCESSOR BY MERGER TO NORWEST BANK MNNESOTA N.A. AS TRUSTEE OF SALOMON BROTHERS MORTGAGE SECURITES VII.~INC. ASSET BACKED CERTIFICATES SERIES 1997-IB6 UNDER POOLING & SERVICING AGREEMENT DATED AS OF NOVEMBER 1~ 1997 (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the SEP fEMBER 4, 2002 SherifFs Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO pREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. 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: ~ 2. 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. I. 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 Sheriffwithin 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 afier 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 ALL THAT CERTAIN house and lot of grotmd situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and deseribed in accordance with lot layout of Gilbert Q. Crosley as recorded in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, p.ennsylvania, in Plan Book 11, Page 46, and survey made by Thomas A. Neff, Registered Sm'veyor, on May 17, 1966. BEGINNING at a spike in the centerline of a 33 feet wide unnamed public street extending Northwardly from Pennsylvania Route No. 641 where the same intersects the centerline of said unnamed 33 feet wide public street running Eastwardly therefrom; thence from said spike at the place of BEGINNING, South 65 degrees 45 minutes East, a distance of 95 feet to a point; thence along the Western line of Lot No. 20 now or formerly of Thomas Lebo, South 24 degrees 15 minutes West, a distance of 126 feet to a point on the Northern line of Lot No. 17 now or formerly of Thomas Lebo; thence along the Northern line of a portion of Lot No. 17 now or formerly of Thomas Lebo and the Northern tine of all of Lot No. 18 now oe formerly of Christine Kluck, North 83 degrees 25 minutes West, a distance of 99.70 feet to a spike in the centerline of said 33 feet wide unnamed public street extending Northwardly from Pennsylvania Route No. 641; thence along the centerline of said 33 feet wide unnamed public street, North 24 degrees 15 mimites East, a distance of 156.25 feet to a spike at the place of BEGINNING. CONTAINING all of Lot No. 19 as shown on said Plan of Lots recorded as aforesaid and having thereon erected a one-story brick cased ranch-type dwelling with other knprovements. BEING No. 100 "B" Street a/kJa Lot 19, Plan Book 1146. TAX MAP NUMBER: 18-1392 PARCEL NUMBER: 013 TITLE TO SAID PREMISES IS VESTED IN Doris V. Brehm, married person by reason of the following: BEING the same premises which Richard A. Lindsey and Patricia M. Lindsey, husband and wife by Deed dated 11/29/1971 and recorded __/__/__ in the County of Cumberland in Deed Book "J" Volume 24 Page 1058 conveyed unto Donald R. Brehm. Jr. and Doris V. Brehm, husband and wife. AND ALSO BEING the same premises which Donald R. Brehm, Jr., married person by Deed' dated 10/6/1995 and recorded 11/8/1995 in the County of Cumberland in Record Book 130 Page 1086 conveyed unto Doris V. Brehm, married person. WRIT OF EXECUTION and/or ATrACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO J3.!.=-645~_~__~ CIVIL l~P( T~R~4 CIVIL ACTION _ LAW --- TO THE SHERIFF OF CumberlandCOUNTY To To salisl¥ Ihe debt, inleresl and costs due Hells Fargo Bank Minnesota inc.Norwest Bank Minnesota, N.A , As Trustee of Salcrnon ~ro~rtsa' ~ ~aU~geS~c°r By.Merger, Asse~ ~:qc~t~:~ica:~,e..%_~RR7~. iB~_Pooling & Servicin_q_ PE~iN¥1FF(S) ~eement Dates As of November 1, 1997. From Doris V,_ r~_h~ _~00 'B St-~eet,_P_laLnfz~eld, Pa. 17081 (1) You are direcled to levy upon lhe propedy of the defendant(si and lo sell See attached ~on~oof~j~_roj~_rt~ _ DEFENDANT(S) (2) You are also directed to atlach the properly of the defendant(s) nol 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/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendanl(s) or otherwise disposing thereof; (3) If properly of the defendant(s) not levied upon an subject to attachmenl is Iound in the Possession of anyone other tshl;.~(~.named garnishee,you are direcledlo notify him/her lhat he/she has been added as agamishee and is enjoined as above Amount Due__$5~' lAg~ 18 L L .~~) Interest from 12/24/01 to 6/5/02 (per diem-9.56~-~" Interest $A~-8.2~ ..... Due Prothy ~ Atty's Corem ~% Other Cosls AttyPaid __~ 103.90~__ Plaintiff Paid Date &:m:lL!&l~ 8~,__2002 by REQUESTING PARTY: Name 4~r~nk Address One Penn~TeDter__At_ Suburban Station 1617 Jo~ F. Kenn~y ~6~va~ Suite 1400 Phit~phi~. ~a~9~3-t8~4 Attorney tot: Pta~ --~ . . Telephone: ~2~~ Supreme Coud ID No. Z2248 Curtis R. Long Prothono ary Civil Division Deputy REAL ESTATE SALE No. 15 On February 7, 2002, the sheriff levied upon the defendant's interest in the real property situated in West Permsboro Township, Cumberland County, PA, known and numbered as 100 B Street, Plainfield, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 7, 2002 By: Real Estate Deputy PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ; SS. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 26, MAY 3, 10, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL E~TATE SALE NO. 15 Writ No. 2001 6452 Civil Wells Fargo Bank Minnesota, N.A., Successor by Merger to Norwest Bank Minnesota. N.?~. as Trustee of Salomon Brothers Mortgage Securities VII, Inc. Asset Backed Certificates, Series 1997-IB6 Under Pooling & Servicing Agreement Dated as of November 1. 1997 VS. Doris V. Brehm Atty.: Frank Federman ALL THAT CERTAIN house and lot of ground situate in West Penns boro Township. Cumberland Coma ty, Pennsylvania, bounded and de- scribed in accordance with lot ~ayout of Gilbert Q. Crosley as recorded in the Office of the Recorder of Deeds in and for Curnberland County at Roger/M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 10 .day of MAY, 2002 5EGINNING at a spike in the eenterline of a 33 feet wide unnamed public street extending Northwardly from pennsylvania Route No, 641 where the same intersects the cen terline of said unnamed 33 feet wide public street running Eastwardly therefrom; thence from said spike at the place of BEGINNING, South 65 degrees 45 mhmtes East, a dis tance of 95 feet to a point; thence along the Western line of Lot No. 20 now~or formerly of Thomas Lebo, South 24 degrees 15 minutes West, a distance of 126 feet to a point on the Northern line of Lot No. 17 now or forn~erly of Thomas Lebo; thence along the Northern line of a portion of Lot No. 17 now or formerly of Thomas Lebo and the Northern line of all of [x)t No. 18 now or formerly of Christine Kluck, North 83 grees 25 minutes West, a distance of 99.70 feet to a spike in the centerline of said 33 feet wide named public street extending Northwardly from pennsylvania Route No. 641; thence along the centerline of said 33 feet wide un- named public street, North 24 de- grees 15 minutes East, a distance of 156.25 feet to a spike at the place of BEGINNING. CONTAINING all of Lot No. 19 as shown on said plan of LOts re- corded as aforesaid and having thereon erected a one story brick cased ranch-type dwelling with other improvements. BEING No. 100 'B' Street a/k/a Lot .9, p.an Book 11-46. TAX MAP NUMBER: 18 1392 pARCEL NUMBER: 013. TITLE TO SAID pREMISES IS VESTED IN Doris V. Brehm, mar- ried person by reason of the follow lng: BEING the same prenises which Richard A. Lindsey and Patricia M. Lindsey, husband and wife by Deed dated 11/29/1971 and recorded __/ __/__ in the County of cumberland in Deed Book .j. Volume 24 Page 1058 conveyed unto Donald R. Brehm, Jr. and Doris V. Brehm, husband and wife. AND ALSO BEING the sarae prem- ises which Donald R. Brehm, Jr,, married person by Deed dated 10/ 6/1995 and recorded 11/8/1995 in the County of Cumberland in Record Book 130 Page 1086 eon veyed unto Doris V. Brehm. mar ried person. THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Appmved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epier 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 Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of April 2002 and the 7th day(s) of May 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ........................... S A L E #15 / Ten'/L. RUSSell, Notary PUblIc ~~ ~~ / HaSlum, Da~n C~n~ v~ ' - ~ ~ [ ~ ~m~ssi~ E~ires Ju~ 6, ~ ~ NOTARY PUBLIC M~r, Penn~Nanla A~iat~ ot Notad~y commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE 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 Probating same Notary Fee(s) Total $ 364.80 $ 1.75 $ 366.55 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of April 2002 and the 7th day(s) of May 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ~-~.. COPY ~-~-~Sworn to anclNSo~3a~.~ba~dpbube~cOre m(~.tJ~17~_ day ~)f~/M~2002 .A.D~ S A L E #15 ~ Ten. yL. Rus~ll, Nota~y u /[~/~//--'/x~:) ~/'~,~.~..~.-j./~.~__~f I Harrisburg, Dauphin County ~ - ~..~., ' - ~ I My Commission E~ires Jone 6, 2002 ~ N~TARY PUBLIC Member, Pennsytvanla Assccia[~on ol Notade~y commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE 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 Probating same Notary Fee(s) Total $ 364.80 $ 1.75 $ 366.55 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid.