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HomeMy WebLinkAbout04-1003 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 FOR PLAINTIFF WELLS FARGO HOME MORTGAGE, INC., FIKIA NORWEST HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 COURT OF COMMON PLEAS CNIL DNISION Plaintiff TERM NO. ()L[ - /ooJ c.l'u~l ~~ v. CUMBERLAND COUNTY MICHAEL S. THOMPSON DEE A. WEIGLE NKJ A DEE ANN WEIGLE 160 roMPER ROAD NEWBURG, PA 17240 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 attomey 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. IFYOUDO NOT HAVE A LAWYER, GO TO OR TELEPHONE TIlE OFFICE SET FORTII 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 COUNIY CUMBERLAND COUNIY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 File #: 41636 File #: 41636 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 ESTATE. 1. Plaintiff is WELLS FARGO HOME MORTGAGE, INC., FIKIA NORWEST HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The nameCs) and last known addressCes) of the DefendantCs) are: MICHAEL S. THOMPSON DEE A. WEIGLE AIKI A DEE ANN WEIGLE 160 JUMPER ROAD NEWBURG, PA 17240 who is/are the mortgagorCs) and real ownerCs) ofthe property hereinafter described. 3. On 05/19/1995 mortgagorCs) made, executed and delivered a mortgage upon the premises hereinafter described to HART MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1263, Page 557. By Assignment of Mortgage recorded 05/19/95 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 496, Page 482. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/01/2003 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 41636 6. The folIowing amounts are due on the mortgage: Principal Balance Interest 04/01/2003 through 03/04/2004 (Per Diem $20.46) Attorney's Fees Cumulative Late Charges 05/19/1995 to 03/04/2004 Cost of Suit and Title Search Subtotal $87,854.97 6,935.94 1,250.00 639.07 $ 550.00 $ 97,229.98 Escrow Credit Deficit Subtotal 0.00 1,577.83 $ 1.577.83 TOTAL $ 98,807.81 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and wilI be colIected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attomey's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 98,807.81, together with interesl from 03/04/2004 at the rate of $20.46 per diem to the date of Judgment, and other costs and charges colIectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDE~AND PHI;.LABL~ Ii . By: . s r~.~ndv ~"'-- FRANK F DERMAN, ESQUIRE LA WREN E T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 41636 ALL that certaln t~act or parcel of ian= si~~late ~., IIQi1c~H~ ~J TO:.Jnshil), CJmbcr~,nr..j C-:;,lnt'f, P,;;,"""',.:~;':l.:ol~'., Illo~e fully bOlln~ed and desc~ibed as foll~~s. 9EGI~~I~G a: sn lron pl~ at CQ:~e~ c~ la~~~ i!O:~ v. formerly of Boyd Hey and the land h~~ei~ c~~v~ye~. whicl, pin is 25.0 fee~ frem tile cente~ of To~nsh:? Route 360; thence by Hey North '79 cegrgesr ~3 m:nL'.:.es 09 seconds It/est, 371.5-1 feet. to an iron pin, at Lot. No. S on SLlbdivision plan of Blaine Tarner, recor~ed in th~ Office of tile Reco~der of Deeds of Cumberla~:~ COUI~:~', PennsYlv~nia in Plan Book 30, Pale 106; thence by Lot No. 5 Ndrt.h 10 deSree~ ~3 mjnlltcs 51 s~con(l~ Ell~t, l05.U feet, Lo tt cDncrete monument. tlLcorner CO/ll1I10n :"'8 Lots 1, 12 and 5 on the nforesaid plan; t.h~(lce by 4c~~ No. 2 Nowth 59 degrees 09 minutes 28 secor.ds Ease. 137.83 feet to an iron pin at che right-o!-way of Town:;hip ! Route 360; thence by said road S,:>uth 3~ deg~ees 2~ minlltes 27 seconds East, 325.74 feet! to a~ iron ?inj the place of BEGINNING. CONTAINING :.15 ".c::-t?::; Per SlII'"VPV ()f .~~~~i:-:.~e:' :::.nd Wolr''i! tL::\tQd Jdr'd~ 1, !Jrr. ~ - r ~ ~ - - , BEING Lot!No. 1 of th~ aforesAid s~bdivis~on plan. BEING THE: SAME REAL ESTATE WeECH ROGNEY L. M'fSi<.;; acd DCNNA J. MYERS, husbsnd and wife, by deed dated Augus: 14, 1984 and recorded in the office of the Recorder c~ Deeds in iand for Cumberland COllnty in Deed Book Vo:ume I PREMISES ON: 160 JUMPER ROAD VERlFICA T10N Yolanda 'Williams hereby states that she is VICE PRESIDENT LOAN DOCUMENTA nON of WELLS FARGO HOME MORTGAGE, me. 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 Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S See. 4904 relating to unsworn falsification to authorities DATE 3 !I!o1 i~ President Loan Documentation 'lJt~ r ~ :c ~ 6 ~~:0 c:--:2F ~ '-.....:... ...., ~,~ ~{; ??: :::;:f 0,'; ffl-:n , i rn c.) CJ (~l .'r~. ;", .'to:; c.) c-n 8 SHERIFF'S RETURN - REGULAR CASE NO: 2004-01003 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO HOME MORTGAGE INC VS THOMPSON MICHAEL S ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE THOMPSON MICHAEL S DEFENDANT was served upon the , at 1845:00 HOURS, on the 11th day of March , 2004 at 160 JUMPER ROAD NEWBURG, PA 17240 DEE WEIGLE, ADULT IN CHARGE by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 13.80 .00 10.00 .00 41.80 Sworn and Subscribed to before me this d' ':: day of . ~_ ~IJ-o'l A.D. C \.1<fU-- () ~ A~ ~~othonotary '-I ' So Answers: ~C1"".r,/ ,'/f ,,?/~ . /~~-_..... ~ -"7 R. Thomas Kline 03/12/2004 FEDERMAN & PHELAN By: ~ J..L-.HL..b- Depuf{rS;;;;:ar SHERIFF'S RETURN - REGULAR CASE NO: 2004-01003 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO HOME MORTGAGE INC VS THOMPSON MICHAEL S ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WEIGLE DEE A A/K/A DEE ANN WEIGLE the DEFENDANT , at 1845:00 HOURS, on the 11th day of March , 2004 at 160 JUMPER ROAD NEWBURG, PA 17240 by handing to DEE WEIGLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .0{) 16.00 "//?/ y~ 'r'~.6C~~~ R. Thomas Kline 03/12/2004 FEDERMAN & PHELAN me this H,'*' day of By: J.w.~ -~P~~OS~ Sworn and Subscribed to before !h.uA~ o...{}()'( A. D. Ll~_. 0 "rvuiA, ,{OMK ~;~~on6tary , ~ FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO HOME MORTGAGE, INC., F/KlA NORWEST HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 04-1003 CIVIL MICHAEL S. THOMPSON DEE A. WEIGLE A/KIA DEE ANN WEIGLE 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 ofthe Plaintiff and against MICHAEL S. THOMPSON and DEE A. WEIGLE AlK/A DEE ANN WEIGLE, 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 3/5/04 to 4/19/04 TOTAL $98,807.81 $941.16 $99,748.97 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. ~~o~/ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. -:J c // DATE: ~il. r;21, UXJ'I ~-UJ,;;j.J K ti\~ I PRO PROTHY ..;;;J;r; C7 FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ.,ld. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (? 1 'i) 'i111-7000 FILE COpy A TIORNEY FOR PLAINTIFF WELLS FARGO HOME MORTGAGE, INe., F/KJA : COURT OF COMMON PLEAS NORWEST HOME MORTGAGE, INe. Plaintiff : CIVIL DMSION Vs. : CUMBERLAND COUNTY MICHAEL S. THOMPSON DEE A. WEIGLE NKlA DEE ANN WEIGLE Defendants : NO. 04-1003 CML TERM TO: MICHAEL S. THOMPSON 160 JUMPER ROAD NEWBURG,PA 17240 DATE OF NOTICE: A PRIT. 1. 20114 THIS FIRM IS A DEBT COLLECfOR ATIEMPTING TO COLLECf A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATIEMPT 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 ATIEMPT 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 WRITIEN APPEARANCE PERSONALLY OR BY A TIORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT 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 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 <;) <;01-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO HOME MORTGAGE, INC., F/KJA : COURT OF COMMON PLEAS NORWEST HOME MORTGAGE, INC. Plaintiff : CML DMSION Vs. : CUMBERLAND COUN1Y MICHAEL S. THOMPSON DEE A. WEIGLE NKlA DEE ANN WEIGLE Defendants : NO. 04-1003 CNIL TERM TO: DEE A. WEIGLE AlKJA DEE ANN WEIGLE 160 JUMPER ROAD NEWBURG, P A 17240 DATE OF NOTICE: APRIL 1, 2004 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECENED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT 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 ALA WYER, 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 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2004-01003 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO HOME MORTGAGE INC VS THOMPSON MICHAEL S ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon THOMPSON MICHAEL S the DEFENDANT , at 1845:00 HOURS, on the 11th day of March , 2004 at 160 JUMPER ROAD NEWBURG, PA 17240 by handing to DEE WEIGLE, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 13.80 .00 10.00 .00 41.80 ,/"'"..r:'.? '/"~::;~~ R. Thomas Kline 03/12/2004 FEDERMAN & PHELAN Swornahd Subscribed to before day Of By:' j 'Mr' /t~ yo ~pu{y Sh ff me thi,f A.D. Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2004-01003 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO HOME MORTGAGE INC VS THOMPSON MICHAEL S ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WEIGLE DEE A A/K/A DEE ANN WEIGLE the DEFENDANT , at 1845:00 HOURS, on the 11th day of March , 2004 at 160 JUMPER ROAD NEWBURG, PA 17240 by handing to DEE WEIGLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .Cl{l 16.00 ,,' ../~. .~~ ",'" ,'C-". - - .. <,'f'---~ R. Thomas Kline 03/12/2004 FEDERMAN & PHELAN day of By: ~ ~putY'Sh~' Sworn and Subscribed to before me this A.D. Prothonotary t7(~~ J;.' ~ t.v 8 \' I 0 oJ:: -c.J ~ c ~ p::. !lJ''-J~::r;:J f: ~ r- <,) C_.. FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BL YD., SUITE 1400 PHILADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 04-1003 CIVIL MICHAEL S. THOMPSON DEE A. WEIGLE A/K/A DEE ANN WEIGLE 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 MICHAEL S. THOMPSON is over 18 years of age and resides ai, 160 JUMPER ROAD, NEWBURG, P A 17240 . (c) that defendant DEE A. WEIGLE A/KJA DEE ANN WEIGLE is over 18 years of age, and resides at, 160 JUMPER ROAD, NEWBURG, PA 17240. This statement is made subject to the penalties of 18 Pa. e.S. Section 4904 relating to unsworn falsification 10 authorities. ,~rt~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO HOME MORTGAGE, INC., FIK/A NORWEST HOME MORTGAGE, INC. Plaintiff, v. No. 04-1003 CIVIL MICHAEL S. THOMPSON DEE A. WEIGLE AlKJA DEE ANN WEIGLE Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $99,748,97 Interest from 4/20/04 to 9/8/04 (per diem -$16.40) $2,328.80 and Costs TOTAL $102,077. 77 ~l't k~.D Jt ~ FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. 00 ""'''''' ........ r-r- - - << I:l.I:l. ....:$ . '" cjcj oz U ...l Z ~~ "'~ z..s '" 0 ;:;;:; ....'" .... .... ~ I:QI:Q <...l "< '" .... ~~ "';;.. "'", z~ ;:; "'''' ...l", "'.... U zz -d I:l.z <~ OZ "'~ 0) Zz "'0 ~~ ~ ~ ~ Q" cr i:: 0", ~~ '" = << 0) ~'" '" ~ '" ~I:l. 0", 0", .... 0 .: 00 0) ~ " 0" 'to ~~ on o~ ~~ . =Q " "",P: ~ ....< .... .. ~~ '" uz "'OU <i, Q2~ .... "'''' E ....;:; ~=z .. <Zi~ ~i I:l.I:l. ~~ '" 00 0........ ...l~ ~~ .... ~ O:l 0) ....u ='" "'", ;:;;:; g. ~Q 0'" <...l o~ 0 ...... 0.. ;:;z ~~ =", .... 8 ~~ 00 0) "'~ '-0'-0 .... 0< u.... - - 0) ....'" I:l."" ..c u; <0 ~~ .... ~ ....z u '" "'", '" =I:Q "'< < '" ~-j 0) ...l~ ~ .... ....~ '" "0 ...l__ "0 z;:; "'.... '" I:l. < ....u ~ Q I i'~ -f- .. - 'd - - ~ 3 ~ ':: - ~ ~J ~ ~:f ~ C"'- ::- .:: ~ .. ~ - ~ .. roq "- 0'0 '0 () Q \) M a 8 ~ Q () L, ~ o t.,. 0 v, e.., -....: N) ........ , Vi . ~~O:-ci . ~ 'I:>J- "- 0- 11~ ......J .....:::t' [$ ~ f't) j';; cJ 0! .. I ALL THAT CERTAIN tract or parcel of land situate in Hopewell Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: / BEGINNING at an iron pin at corner of la~sls now or formerly of Boyd ~ey and the land herein / conveyed, which pin is 25.iiJ feet from the tenter of Township Route 360'; thence by Hey North 79 degrees, 16 minutes 09 seconds )Nest 371.54 feet to an iron pin, at Lot No. ~ on subdivision plan of Blaine Tarner, recorded in tqeJ)ffice of the Recorder of Deeds of Cumberland County Pellilsylvania in Pl/n Book 30, Page 166; thence by Lot No.5 North 10 degrees 43u;;:{inutes 51 seconds East, 105.0 feet, to a concrete monument at corner common to Lots I, 2 a6d-j on the aforesaid plan; thence by Lot No.2 North 59 degrees 09 minutes 28 seconds East, 187.83 feet to an iron pin at the right-of-way of T9<vnship Route 360; thence by said road South 34 degrees 26 minutes 27 seconds East, 325.74 feet, to an iron pin the place of begilliling. ) CONTAINING 1.15 acres per survey of Kissinger and Wolfe dated June 1, 1977. BEING Lot No. 1 of the aforesaid subdivision plan. Tax Parcel #11-09.0507-042 . / V TITLE TO SAID PREMISES IS VESTED IN Michael S. Thompson and Dee A. Weigle, as joint tenants with the right of survivorship, by Deed from Thomas A. Riccione and Nancy R. Riccione, 'husband and wife, dated 5/19/95, recorded 5/19/95, in Deed Book 122, Page 394. USBC PAM - LIVE - V2.3 - Docket Report Page I of 10 CREDS, 2002, CLAIMS, 341Held, DISMISSED U.S. Bankruptcy Court Middle District of Pennsylvania (Harrisburg) Bankruptcy Petition #: 1:Ol-bk-04782-MDF Assigned to: Mary D France Chapter 13 Voluntary Asset Date Filed: 09/04/2001 Date Terminated: 04/02/2004 Date Dismissed: 04/02/2004 Dee A Thompson 160 JUMPER ROAD NEWBURG, P A 17240 SSN: xxx-xx-3087 Debtor aka Dee A Weigle SSN: xxx-xx-3087 Charles J. DeHart, III (Trustee) PO Box 410 Hummelstown, P A 17036 717566-6097 Trustee United States Trustee PO Box 969 Harrisburg, PAl 7108 717-221-4515 Asst. U.S. Trustee represented by Albert N PeterIin Gates Halbruner and Hatch PC 1013 Mumma Road Suite 100 Lemoyne, P A 17043 717731-9600 Filing Date # Docket Text 09/04/200 I I VOLUNTARY PETITION under Chapter 13 & Mailing Matrix AND STATEMENT OF ATTORNEY'S COMPENSATION, [CR], ORIGINAL NIBS DOCKET ENTRY #1 (Entered: 09/05/2001) 09/05/200 I 2 NOTICE of intent to dismiss case unless missing documents are filed: due by 09/20/01 Re: Item # 1 [Complied], [CR], ORIGINAL NIBS DOCKET ENTRY #2 (Entered: 09/05/2001) https://ecf.pamb.uscourts.gov/cgi-binlDktRpt.pl?352618817146936-L _82_0-1 4/19/2004 USBC PAM - LNE - V2.3 - Docket Report Page 2 of 10 09/20/2001 3 Schedules, Statements, Plan & Summary and all missing documents Re: Item # 2, [KZ], ORIGINAL NIBS DOCKET ENTRY #3 (Entered: 09/21/2001) 10/01/2001 4 CERTIFICATE of Mailing of Notice of341 Meeting. Objections to the plan are due 15 days after meeting held. , [CA], ORIGINAL NIBS DOCKET ENTRY #4 (Entered: 10/01/2001) 11/131200 I 5 341 meeting held. , [CA], ORIGINAL NffiS DOCKET ENTRY #5 (Entered: 11/14/2001) 11/1512001 6 OBJECTION to Plan by Trustee. Re: Item # 3 [Disposed], [SP], ORIGINAL NffiS DOCKET ENTRY #6 (Entered: 11/15/2001) 11/16/2001 7 MOTION to avoid a lien VNB MORTGAGE SERVICES, INC. [Disposed], [JC], ORIGINAL NffiS DOCKET ENTRY #7 (Entered: 11/16/2001) 11/1612001 8 ORDER that answers are due on 12/06/01 Re: Item # 7, [JC], ORIGINAL NffiS DOCKET ENTRY #8 (Entered: 11/1612001) 11/16/2001 9 Amended Ch. 13 Plan [Entered: 11/16/01], [JC] CERTIFICATE OF MAILING RE: NOTICE ON CHAPTER 13 PLAN AMENDMENT due on 12/05/01 Re: Item # 9 [Entered: 11/16/01], [JC] This entry disposes of motion. Re: Item # 6, [JC], ORIGINAL NffiS DOCKET ENTRY #9 (Entered: 11/16/2001) 11/1612001 10 Amendment to Schedule[s]: I. Re: Item # 3, [AG], ORIGINAL NffiS DOCKET ENTRY #10 (Entered: 11/16/2001) 11/19/2001 11 OBJECTION to plan by WELLS FARGO HOME MORTGAGE, INC., FIKIA NORWEST MORTGAGE, INC. Re: Item # 9 [Disposed], [JC], ORIGINAL NffiS DOCKET ENTRY #11 (Entered: 11/19/2001) 11/20/200 I 12 CERTIFICATE of service Re: Item # 8, [CR], ORIGINAL NffiS DOCKET ENTRY #12 (Entered: 11/20/2001) 11/20/200 I 13 CORRESPONDENCE SETTING HEARING on 01/22/02 at 10:30 A.M. at Federal Building, Bankruptcy Courtroom [3rd Floor], Third & Walnut Slreets, Harrisburg, PA 17101 Re: Item # 11, [JC], ORIGINAL NffiS DOCKET ENTRY #13 (Entered: 11/20/2001) https://ecf.pamb.uscourts.gov/cgi-binlDktRpt.pl?352618817146936-L _82_0-1 4/19/2004 USBC PAM - LIVE - V2.3 - Docket Report Page 3 of 10 11130/2001 14 OBJECTION to plan by VNB MORTGAGE SERVICE, INC. Re: Item # 9 [Disposed], [BW], ORIGINAL NIBS DOCKET ENTRY #14 (Entered: 11130/2001) 11130/200 I 15 ANSWER by VNB MORTGAGE SERVICE, INC. Re: Item # 7, [SP], ORIGINAL NIBS DOCKET ENTRY #15 (Entered: 11130/2001) 12/04/2001 16 CORRESPONDENCE SETTING HEARING on 01129/02 at 09:30 A.M. at Federal Building, Bankruptcy Courtroom [3rd Floor], Third & Walnut Streets, Harrisburg, PA 17101 Re: Item # 15, [SP], ORIGINAL NIBS DOCKET ENTRY #16 (Entered: 12/04/200 I ) 12/04/200 I 17 ANSWER by DEBTOR Re: Item # 14, [JC], ORIGINAL NIBS DOCKET ENTRY #17 (Entered: 12/04/2001) 12/04/2001 18 CORRESPONDENCE SETTING HEARING on 01122/02 at 10:30 P.M. at Federal Building, Bankruptcy Courtroom [3rd Floor], Third & Walnut Streets, Harrisburg, P A 17101 Re: Item # 14, [BW], ORIGINAL NIBS DOCKET ENTRY #18 (Entered: 12/04/200 I ) 12/06/2001 19 PRAECIPE/WITHDRAWAL Re: Item # 6, [JC], ORIGINAL NIBS DOCKET ENTRY #19 (Entered: 12/06/2001) 12/07/2001 20 ENTRY OF APPEARANCE of MARGARET GAIRO, ESQUIRE, OF MCCABE, WEISBERG & COMPANY, ON BEHALF OF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., [JR], ORIGINAL NIBS DOCKET ENTRY #20 (Entered: 12/07/200 I) 12/26/2001 21 OBJECTION to Claim #5 of HOUSEHOLD MORTGAGE SERVICES; filed by Debtor, [CG], ORIGINAL NIBS DOCKET ENTRY #21 (Entered: 12/27/2001) 12/27/2001 22 ORDER fixing hearing date HEARING on 02/15/02 at 02:00 P.M. at Federal Building, Bankruptcy Courtroom [3rd Floor], Third & Walnut Streets, Harrisburg, PA 17101 Re: Item # 21, [CG], ORIGINAL NIBS DOCKET ENTRY #22 (Entered: 12/27/2001) 01/03/2002 23 CERTIFICATE of service Re: Item # 22, [CR], ORIGINAL NIBS DOCKET ENTRY #23 (Entered: 01103/2002) https://ecf.pamb.uscourts.gov/cgi-binlDktRpt.pl?352618817146936-L 82 0-1 4/19/2004 USBC PAM - LNE - V2.3 - Docket Report Page 4 of 10 01/22/2002 24 PROCEEDING MEMO: phone conference not held - matter to be withdrawn. Re: Item # 11, [CL], ORIGINAL NIBS DOCKET ENTRY #24 (Entered: 01/23/2002) 01/22/2002 25 PROCEEDING MEMO: phone conference held - counsel to withdraw her objection. Re: Item # 14, [CL], ORIGINAL NIBS DOCKET ENTRY #25 (Entered: 01/23/2002) 01/29/2002 26 PROCEEDING MEMO re hearing not held. Matter taken under advisement at phone conference held on January 22,2002. Re: Item # 15, [JG], ORIGINAL NIBS DOCKET ENTRY #26 (Entered: 01/29/2002) 01/29/2002 27 PRAECIPE/WITHDRAWALRe: Item # II, [CR], ORIGINAL NIBS DOCKET ENTRY #27 (Entered: 01/29/2002) 01/30/2002 28 Amended Ch. 13 Plan [Requested proof of service upon creditors] [Entered: 01/30/02], [KZ] This entry disposes of motion. Re: Item # 14, [KZ], ORIGINAL NIBS DOCKET ENTRY #28 (Entered: 01/30/2002) 02/04/2002 29 CERTIFICATE OF MAILING RE: NOTICE ON CHAPTER 13 PLAN AMENDMENT due on 02/20/02 Re: Item # 28, [JC], ORIGINAL NIBS DOCKET ENTRY #29 (Entered: 02/04/2002) 02/15/2002 30 PROCEEDING MEMO re hearing not held. Objection to be withdrawn. Re: Item # 21, [JG], ORIGINAL NIBS DOCKET ENTRY #30 (Entered: 02/15/2002) 02/22/2002 31 PRAECIPE/WITHDRAWAL filed by Debtor Re: Item # 21 [Entered: 02/22/02], [KZ] APPROVED by the court. Re: Item # 21, [KZ], ORIGINAL NIBS DOCKET ENTRY #31 (Entered: 02/22/2002) 04/15/2002 32 ORDER denying Re: Item # 7, [CR], ORIGINAL NIBS DOCKET ENTRY #32 (Entered: 04/15/2002) 04/15/2002 33 APPLICATION for interim fees and expenses filed by ALBERT N. PETERLIN, ESQUIRE of Gate Halbruner & Hatch PC as Counsel for Debtor in the amount of $251 0.00 fees and $20.31 expenses for the period of November 6,2001 through February 20, 2002. [Disposed], [SP], ORIGINAL NIBS DOCKET ENTRY #33 (Entered: 04/15/2002) 04/15/2002 34 ORDER confirming amended plan, [SP], ORIGINAL NIBS DOCKET ENTRY #34 (Entered: 04/15/2002) https:/ /ecf.pamb.uscourts.gov/cgi-binlDktRpt.pl?352618817146936-L 82 0-1 4/19/2004 l:JSBC PAM - LIVE - V2.3 - Docket Report Page 5 of 10 04/23/2002 35 NOTICE to creditors that answers/objections are due on 05/08/02 Re: Item # 33, [KZ], ORIGINAL NffiS DOCKET ENTRY #35 (Entered: 04/23/2002) 05/13/2002 36 ORDER approving fee application Re: Item # 33, [SP], ORIGINAL NIBS DOCKET ENTRY #36 (Entered: 05/13/2002) 09/19/2002 37 MOTION for relief from stay Re: VNB Mortgage Service, Inc. [Fee paid, Receipt #586788, $75.00] [Disposed] [Entered: 09/19/02], [KZ] CERTIFICATE OF NON-CONCURRENCE [Entered: 09/19/02], [KZ] REQUEST for admission, [KZ], ORIGINAL NffiS DOCKET ENTRY #37 (Entered: 09/19/2002) 09/19/2002 38 ORDER that answers are due on 10/09/02 Re: Item # 37, [KZ], ORIGINAL NffiS DOCKET ENTRY #38 (Entered: 09/19/2002) 09/25/2002 39 CERTIFICATE of service Re: Item # 38, [DS], ORIGINAL NIBS DOCKET ENTRY #39 (Entered: 09/25/2002) 10/01/2002 40 ANSWER by Debtor Re: Item # 37, [KZ], ORIGINAL NffiS DOCKET ENTRY #40 (Entered: 10/01/2002) 10/02/2002 41 CORRESPONDENCE SETTING PRELIMINARY PHONE CONFERENCE on 10/31/02 at 03:00 P.M. at Federal Building, Bankruptcy Courtroom [3rd Floor]. Third & Walnut Streets, Harrisburg, PA 17101 [37 copies], [KZ], ORIGINAL NIBS DOCKET ENTRY #41 (Entered: 10/02/2002) 10/24/2002 42 Praecipe/Withdraw filed by Movant [Requested concurrence of counsel for debtor] Re: Item # 37, [KZ], ORIGINAL NffiS DOCKET ENTRY #42 (Entered: 10/24/2002) 10/29/2002 43 CERTIFICATE OF CONCURRENCE of the parties Re: Item # 42, [KZ], ORIGINAL NIBS DOCKET ENTRY #43 (Entered: 10/29/2002) 10/30/2002 44 APPROVED by the court. Re: Item # 37, [KZ], ORIGINAL NIBS DOCKET ENTRY #44 (Entered: 10/30/2002) 11/27/2002 45 APPLICATION for interim fees and expenses for Gates, Halbruner & Hatch, P .C. as attorney for Debtor in the amount of $1,733.46 for fees and $18.96 for costs for the period of 2/20/02 through 10/21/02 [SECOND] , [KZ], ORIGINAL NIBS DOCKET ENTRY #45 (Entered: 11/27/2002) https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?352618817146936-L 82 0-1 4/19/2004 USBC PAM - LNE - V2.3 - Docket Report Page 6 of 10 11/27/2002 46 NOTICE to creditors that answers/objections are due on 12/15/02 Re: Item # 45, [KZ], ORIGINAL NIBS DOCKET ENTRY #46 (Entered: 11/27/2002) 12/23/2002 47 MOTION for relief from stay filed by VNB MORTGAGE SERVICES, INC. [fee paid rec#590094 $75.00] [Disposed] [Entered: 12/23/02], [DS] CERTIFICATE OF NON-CONCURRENCE [Entered: 12/23/02], [DS] REQUEST for admission, [DS], ORIGINAL NIBS DOCKET ENTRY #47 (Entered: 12/23/2002) 12/23/2002 48 ENTRY OF APPEARANCE of HEIDI R. SPN AK, ESQ. on behalf ofVNB MORTGAGE SERVICES, INC. , [DS], ORIGINAL NIBS DOCKET ENTRY #48 (Entered: 12/23/2002) 12/24/2002 49 ORDER that answers are due on 01/13/03 Re: Item # 47, [DS], ORIGINAL NIBS DOCKET ENTRY #49 (Entered: 12/24/2002) 01/02/2003 50 ORDER that answers are [Reissued Order, due a to Clerical Error] due on 01/22/03 Re: Item # 49, [DS], ORIGINAL NIBS DOCKET ENTRY #50 (Entered: 01/02/2003) 01/08/2003 51 CERTIFICATE of service Re: Item # 50, [DS], ORIGINAL NIBS DOCKET ENTRY #51 (Entered: 01/08/2003) 01/21/2003 52 ANSWER by Debtor Re: Item # 47, [KZ], ORIGINAL NIBS DOCKET ENTRY #52 (Entered: 01/21/2003) 01/23/2003 53 CORRESPONDENCE SETTING PRELIMINARY PHONE CONFERENCE on 02/06/03 at II :30 A.M. at Federal Building, Bankruptcy Courtroom [3rd Floor], Third & Walnut Streets, Harrisburg, PA 17101 Re: Item # 47, [KZ], ORIGINAL NIBS DOCKET ENTRY #53 (Entered: 01/23/2003) 02/06/2003 54 PROCEEDING MEMO: phone conference held - stipulation with trustee concurrence to be filed within 30 days. Re: Item # 47, [CL], ORIGINAL NIBS DOCKET ENTRY #54 (Entered: 02/06/2003) 02/07/2003 55 MOTION for relief from stay filed by WELLS FARGO HOME MORTGAGE, INC., f/k/a NORWEST MORTGAGE, INC. [fee paid rec#591583 $75.00] [Disposed], [DS], ORIGINAL NIBS DOCKET ENTRY #55 (Entered: 02/07/2003) 02/07/2003 56 CERTIFICATE OF NON-CONCURRENCE Re: Item # 55, [DS], ORIGINAL NIBS DOCKET ENTRY #56 (Entered: 02/07/2003) https:l/ecf.pamb.uscourts.gov/cgi-binlDktRpt.pl?352618817146936-L _82_0-1 4/19/2004 tJSBC PAM - LNE - V2.3 - Docket Report Page 7 of 10 02/07/2003 57 ORDER that answers are due on 02/27/03 Re: Item # 55, [DS]. ORIGINAL NIBS DOCKET ENTRY #57 (Entered: 02/07/2003) 02/13/2003 58 MOTION TO DISMISS BY TRUSTEE WITH NOTICE SETTING HEARING on 03/13/03 at 02:00 P.M. at Federal Building, Bankruptcy Courtroom [3rd Floor], Third & Walnut Streets, Harrisburg, PA 17101, [CR], ORIGINAL NIBS DOCKET ENTRY #58 (Entered: 02/13/2003) 02/24/2003 59 CERTIFICATE of service Re: Item # 57, [DS]. ORIGINAL NIBS DOCKET ENTRY #59 (Entered: 02/24/2003) 02/27/2003 60 ANSWER by DEBTOR Re: Item # 55, [DS], ORIGINAL NIBS DOCKET ENTRY #60 (Entered: 02/28/2003) 02/28/2003 61 STIPULATION by the parties Re: Item # 47, [KZ]. ORIGINAL NIBS DOCKET ENTRY #61 (Entered: 02/28/2003) 03/03/2003 62 CORRESPONDENCE SETTING PRELIMINARY PHONE CONFERENCE on 03/11/03 at 02: 15 P.M. at Federal Building, Bankruptcy Courtroom [3rd Floor], Third & Walnut Streets, Harrisburg, PA 17101 Re: Item # 55, [KZ], ORIGINAL NIBS DOCKET ENTRY #62 (Entered: 03/03/2003) 03/03/2003 63 ORDER approving stipulation Re: Item # 47, [KZ], ORIGINAL NIBS DOCKET ENTRY #63 (Entered: 03/03/2003) 03/11/2003 64 PROCEEDING MEMO: phone conference held. Stipulation [w/Trustee concurrence] to be tiled within 30 days with 6 months to cure. Re: Item # 55, [IG]. ORIGINAL NIBS DOCKET ENTRY #64 (Entered: 03/11/2003) 03/14/2003 65 CERTIFICATE of service Re: Item # 63, [KZ], ORIGINAL NIBS DOCKET ENTRY #65 (Entered: 03/14/2003) 03/19/2003 66 Praecipe/Withdraw filed by the Trustee Re: Item # 58, [KZ]. ORIGINAL NIBS DOCKET ENTRY #66 (Entered: 03/19/2003) 04/21/2003 67 Praecipe/Withdraw tiled by the Movant Re: Item # 55, [KZ], ORIGINAL NIBS DOCKET ENTRY #67 (Entered: 04/21/2003) 04/22/2003 68 APPROVED by the court. Re: Item # 55, [KZ], ORIGINAL NIBS DOCKET ENTRY #68 (Entered: 04/22/2003) 05/02/2003 69 CERTIFICATE OF DEFAULT Re: Item # 61, [KZ], ORIGINAL NIBS DOCKET ENTRY #69 (Entered: 05/02/2003) https:/ /ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?352618817146936-L _82_0-1 4/19/2004 USBC PAM - LIVE - V2.3 - Docket Report Page 8 of 10 05/14/2003 70 Order (RE: related document(s)[69] ). (Zimmerman, Karen) (Entered: 05/14/2003) 06/04/2003 71 Motion for Relief from Stay. Filing fee due in the amount of $ 75.00 Filed by Judith Romano of Federman & Phelan on behalf of Wells Fargo Home Mortgage Inc. (Ripple, Dawn) (Entered: 06/04/2003 ) 06/04/2003 Receipt of Motion for Relief from Stay Filing Fee. Receipt Number 596061 Fee Amount $ 75 (RE: related document(s)[71] ). (Ripple, Dawn) (Entered: 06/04/2003) 06/05/2003 72 Order (RE: related document(s)[71] ). Answers are due on: 6/20/2003. Hearing scheduled for 7/1/2003 at 09:00 AM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (Ripple, Dawn) (Entered: 06/05/2003) 06/13/2003 73 Motion to Dismiss Case for material default and hearing notice to parties. Filed by Charles J. Dehart III (RE: related document(s) [1] ). Hearing scheduled for 7/10/2003 at 02:00 PM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, P A. (Zimmerman, Karen) (Entered: 06/13/2003) 06/16/2003 74 Certificate of Service Filed by Judith Romano of Federman & Phelan on behalf of Wells Fargo Home Mortgage Inc (RE: related document(s)[72], [71]). (Zimmerman, Karen) (Entered: 06/16/2003) 06/19/2003 75 Answer Filed by Albert N Peterlin of Gates and Associates on behalf of Dee A Thompson (RE: related document(s)[71] ). (Zimmerman, Karen) (Entered: 06/20/2003) 07/01/2003 76 Proceeding Memo: Hearing held on Motion of Wells Fargo for Relief from Stay and Answer thereto. Settled - Stipulation within 30 days. Otherwise, proceeding to be dismissed without prejudice. (RE: related document(s)[72], [75], [71] ). Stipulation due 7/31/2003. (Weigel, Erma) (Entered: 07/01/2003) 07/14/2003 77 Stipulation by the parties re: Trustee's Motion to Dismiss Filed by Charles J. Dehart III (RE: related document(s)[73] ). (KZ) (Entered: 07/14/2003) 07/15/2003 78 Order approving Stipulation (RE: related document(s)[77] ). (KZ) (Entered: 07/15/2003) https:/ /ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?352618817146936-L 82 0-1 4/19/2004 USBC PAM - LIVE - V2.3 - Docket Report Page 9 of 10 07/23/2003 79 Stipulation by the parties Filed by Judith Romano of Federman & Phelan on behalf of Wells Fargo Home Mortgage Inc (RE: related document(s)[71], [76] ). (KZ) (Entered: 07/23/2003) 07/24/2003 80 Order approving Stipulation (RE: related document(s)[79] ). (KZ) (Entered: 07/24/2003) 09/30/2003 81 Order Granting Application for interim fees and expenses (RE: related document(s)[ 45] ) for Albert N Peterlin, Debtor's Attorney, Period: to, Fees awarded: $1733.46, Expenses awarded: $18.96; Awarded on 9/30/2003 (KZ) (Entered: 09/30/2003) 02/1 0/2004 82 Certificate of Default Filed by Judith Romano of Federman & Phelan on behalf of Wells Fargo Home Mortgage Inc (RE: related document(s)[79] ). (KZ) (Entered: 02/11/2004) 02/12/2004 83 Order Modifying Automatic Stay(RE: related document(s)[79], [71], [82] ). (KZ) (Entered: 02/12/2004) 03/30/2004 84 Third Application for allowance of compensation & expenses in the amount of$1,939.00 for fees and $33.19 for costs for a total amount of$1,972.19 for the time period of November 13, 2002 through February 12, 2004 Filed by Albert N Peterlin of Gates Halbruner and Hatch PC on behalf of Dee A Thompson. (KZ) (Entered: 03/30/2004) 03/30/2004 85 Notice sent to counsel for mailing fixing answer/objection date (RE: related document(s)[84] ). (KZ) (Entered: 03/30/2004) 03/31/2004 86 Certificate of Default case to be dismissed Filed by Trustee (RE: related document(s)[78]). (dehart, III(ds), Charles) (Entered: 03/31/2004) 04/01/2004 87 Certificate of mailing of notice sent by counsel Filed by Albert N Peterlin of Gates Halbruner and Hatch PC on behalf of Dee A Thompson (RE: related document(s)[85]). Objections due by 4/20/2004. (KZ) (Entered: 04/01/2004) 04/02/2004 88 Order Granting Motion to Dismiss Case for material default (RE: related document(s)[73] ). (KZ) (Entered: 04/02/2004) 04/04/2004 89 BNC Certificate of Mailing. Service Date 04/04/2004. (Related Doc # 88) (Admin.) (Entered: 04/05/2004) https:/ /ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?352618817146936-L _82_0-1 4/19/2004 USBC PAM - LIVE - V2.3 - Docket Report I PACER Service Center I Transaction Receipt I 04/19/2004 11 :36: 13 Ip ACER Login: IItp0039 IIClient Code: I IDescription: IIDocket Report IICase Number: 111:01-bk-04782-MDF I [Billable Pages: 115 IICost: 110.35 I https:/ /ecf.pamb.uscourts.gov/cgi-binlDktRpt.pl?352618817146936-L _82_0-1 Page 10 oflO 4/19/2004 WRIT OF EXECUTION and/or A TT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-1003 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the deht, interest and costs due WELLS FARGO HOME MORTGAGE, INC., F/K1A NORWEST HOME MORTGAGE, INC., Plaintiff (s) From MICHAEL S. THOMPSON AND DEE A. WEIGLE AIKIA DEE ANN WEIGLE (1) You are directed to levy upon the property of the defendant (s)and to selI SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as folIows: and to notify the gamishee(s) that: (a) an attachment has been issued: (b) the gamishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $99,748.97 L.L. $.50 Interest FROM 4/20/04 TO 9/8/04 (PER DIEM - $16.40) - $2,328.80 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $139.80 Other Costs Plaintiff Paid Date: APRIL 21, 2004 (Seal) CURTIS R. LONG Prothonotary ~v: a4~1I ~P.7f~ Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 pmLADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court lD No. 12248 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., FIK/A NORWEST HOME MORTGAGE, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION MICHAEL S. THOMPSON DEE A. WEIGLE A/KJA DEE ANN WEIGLE NO. 04-1003 CIVIL 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: (X) an FHA mortgage () non-owner occupied () vacant o 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. ~.tn~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff " COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: {9Lj /003 I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby ce ify that the Sheriff's Deed in which Wells Fargo Bank N A is the grantee the same having been sold said grantee on the 6th day of Oct A.D., 2004, under and by virtue of a writ Execulion issued on t e 21 day of April, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 200 Number 1003, at the suit of Wells Fargo Home Mtg Inc flea Norwest Hm Mtg Inc against Michael S T om son & Dee A Weigle aka Dee Ann is duly recorded in Sheriff's Deed Book No. 266, Page 809. IN TESTIMONY WHEREOF, I have hereunto se my hand -IIi. and seal of said office this day of , A.D2004 f Deeds 1 CerMIle, M 01 JIn, illIllI ,,' Wells Fargo Home Mortgage, Inc. f/kla In The Court of Common Pleas of Norwest Home Mortgage, Inc. Cwnberland County, Pennsylvania VS Writ No. 2004-1003 Civil Term Michael S. Thompson and Dee A. Weigle aIkIa Dee Ann Weigle Sharmon Shertzer, Deputy Sheriff, who being duly sworn according to law, s tes that on June 08, 2004 at 6:15 o'clock PM, he served a true copy of the within Real E tate Writ, Notice of Sheriff's Sale and Description, in the above entitled action, upon the within named defendants, to wit: Michael S. Thompson and Dee A. Weigle alkla De Ann Weigle, by making known unto Michael Thompson, personally and person in c rge for Dee Weigle, at 160 Jumper Road, Newburg, Cwnberland County, Pennsylvania, i s contents and at the same time handing to him personally the said true and correct cop of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, stat s that on July 20, 2004 at 6:55 0' clock P.M., he posted a true copy of the within Real E tate Writ, Notice, Poster and Description, in the above entitled action, upon the property 0 Michael S. Thompson and Dee A. Weigle alkla Dee Ann Weigle located at 160 Jump r Road, Newburg, 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 Sheriffmaiied a notice of the pendency of the action to the within name defendants, to wit: Michael S. Thompson and Dee A. Weigle aIkIa Dee Ann Weigle regular mail to their last known address of 160 Jumper Road, Newburg, PA 17240. These letters were mailed under the date of July 13, 2004 and never returned to the Sheriff's 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 October 6, 2004 at 10:00 o'clock A.M. He sold the same for he sum of $1.00 to Attorney Frank Federman for Wells Fargo Bank, N.A., s/b/m/to Well Fargo Home Mortgage, Inc., f/kJa Norwest Home Mortgage, Inc. It being the highest 'd and best price received for the same, Wells Fargo Bank, N.A., slblml to Wells Fargo Home Mortgage, Inc., f/k/a Norwest Home Mortgage, Inc of 3476 Stateview Boulevar , Fort Mill, SC 29715, being the buyers in this execution, paid to SheriffR. Thomas Kli the sum of $865 .58. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed $30.00 16.97 15.00 15.00 30.00 Auctioneer Law Library Prothonotary Mileage Postpone Sale Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $ 10.00 .50 1.00 27.17 20.00 15.00 30.00 279.35 280.60 30.49 25.00 39.50 865.58 Sworn and subscribed to before me So Answers: . W in n ~~:_,J A"'A ThIS E- day of Il-Un.n.dt-h --,' ""- ..r....<<~ ~ /) R. Thomas Kline, Sheriff 2004, A.D. ~~(&, 1Ju~,~ "I~' ..tJ ro onotary BY Vc_J.j(] Real Estate eputy (}LIV IJV }C -0 )" d'..... 4 ~ 1 ~"l I:JSOc. ) . WELLS FARGO HOME MORTGAGE, INC., F/K1A NORWEST HOME MORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLE S v. CIVIL DIVISION MICHAEL S. THOMPSON DEE A. WEIGLE A/K1A DEE ANN WEIGLE NO. 04-1003 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) WELLS FARGO HOME MORTGAGE INC. F/K/A NORWEST HOME MORTG GE INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth s of the date the Praecipe for the Writ of Execution was filed the following information concerning the al property located at. 160 JUMPER ROAD, NEWBURG, PA 17240. I. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHAEL S. THOMPSON 160 JUMPER ROAD NEWBURG, PA 17240 DEE A. WEIGLE AlK/A DEE ANN WEIGLE 160 JUMPER ROAD NEWBURG, PA 17240 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien n the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of]ast recorded holder of every mortgage of record: Name Last Known Address (if address cannot e reasonably ascertained, please indicate) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. P.O. BOX 20026 FLINT, MI 48501 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 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 b 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 be reasonably ascertained, please indicate) Tenant/Occupant 160 JUMPER ROAD NEWBURG, P A 17240 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 knowledge or information and belief. I understand that false statements herein are made subj penalties of18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. rsonal t to the April 19, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff WELLS FARGO HOME MORTGAGE, INC., F/K1A NORWEST HOME MORTGAGE, INC. Plaintiff, CUMBERLAND COUNTY No. 04-1003 CIVIL v. MICHAEL S. THOMPSON DEE A. WEIGLE A/K1A DEE ANN WEIGLE Defendant(s). April 19, 2004 TO: MICHAEL S. THOMPSON 160 JUMPER ROAD NEWBURG, PA 17240 DEE A. WEIGLE A/K/A DEE AN WEIGLE 160 JUMPER ROAD NEWBURG, PA 17240 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFO fATION 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) at, 160 JUMPER ROAD, NEWBURG, PA 17240, is sch duled to be sold at the Sheriffs Sale on at 10:00 a.m. in the Cumberland County Courthouse, South H over Street, Carlisle, PA 17013, to enforce the court judgment of $99,748.97 obtained by WELLS FA GO HOME MORTGAGE, INC., F/K/A NORWEST HOME MORTGAGE, INC. (the mortgagee) gainst you. In the event the sale is continued, an announcement will be made at said sale in complianc 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: 1. The sale will be cancelled if you pay to the mortgagee the back payments, lat charges, costs and reasonable attorney's fees due. To find out how much you must pa , you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court 10 strik or open the judgment, ifthe judgment was improperly entered. You may also ask the Co rt 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 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 0 ER 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 bid er. 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 ossly 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 i 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 wner 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 e Sheri ff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedi gs to evict you. 6. You may be entitled to a share ofthe money which was paid for your house. A hedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days oft e sale. This schedule will state who will be receiving that money. The money will be paid out in accor ance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed ith 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 OT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFIC 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 ," " .. I ALL THAT CERTAIN tract or parcel of land situate in Hopewell Township, Cum Pennsylvania, more fully bounded and described as follows: erland County, / BEGINNING at an iron pin at corner of lands now or formerly of Boyd ~{ey and t land herein / conveyed, which pin is 25.fl' feet from the bnter of Township Route 360'; thetJce b Hey North 79 degrees, 16 minutes 09 seconds )West 371(54 feet to an iron pin, at Lot No. .5 on s division plan of Blaine Tamer, recorded in the,,(Hfice oJ the Recorder of Deeds of Cumberland Cou ty Pennsylvania in PI/n Book 30, Page 166; thence by Lot No.5 North 10 degrees 43 inutes 51 seconds East, 105.0 feet, to a concrete monument at corner common to Lots 1, 2 a 5 on the aforesaid plan; thence by Lot NO.2 North 59 degrees 09 minutes 28 seconds East, 87.83 feet to an iron pin at the right-of-way of T~nship Route 360; thence by said road South 34 d grees 26 minutes 27 seconds East, 325.74 feet, to an iron pin the place of beginning. . ) CONTAINING 1.15 acres per survey of Kissinger and Wolfe dated June 1, 1977. I BEING Lot No. 1 of Ihe aforesaid subdivision plan. Tax Parcel #11-09-0507-042 .'T . / V l ITLE TO SAID. PREMISES IS VESTED IN MIchael S. Thompson and Dee A. Weigle, as joint itenants wIth the fight of survivorship, by Deed from Thomas A. Riccione and Na y R. Riccione, ,husband and Wife, dated 5/19/95, recorded 5/19/95, in Deed Book 122, Page 394, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-1003 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO HOME MORTGAGE, INC., F/K1A NORWEST HOME MORTGAGE, INC., Plaintiff (s) From MICHAEL S. THOMPSON AND DEE A. WEIGLE A/KJA DEE ANN WEIGLE (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined fro paying any debt to or for the account of the defendant (s) and from delivering any property of the defenda t (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as garnishee and is enjoined as above stated. Amount Due $99,748.97 L.L. $.50 Iuterest FROM 4/20/04 TO 9/8104 (PER DIEM - $16.40) - $2,328.80 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $139.80 Other Costs Plaintiff Paid Date: APRIL 21, 2004 CURTIS R. LONG (Seal) 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 1D No. 12248 Real Estate Sale #14 On May 17, 2004 the sherifflevied upon the defendant's interest in the real property situated in Hopewell Township, Cumberland County, P A Known and numbered as 160 Jumper Road, Newburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 17,2004 , ") By" ~ V - I ; .vo ~ Real Esta Deputy \i\!f'1~,1)SHN3d -. '"1 c" \) ,-/ rj \10 I HV EO \ I ZZ KJV ,,,,,,",,1\,,) ".., "",!nO ~1llil~S"" j~ J~lddO ~ ;gj ~ REAL ESTATE SALE No. 14 Writ No. 2004-1003 Civil Term Wella Fargo Home Mortgage, Inc. flkla Norwest Home Mortgage,lnc. Vs Michael s'~ Thompson snd Dee A. Weigle sIkIa Dee Ann Weigle Atty: Frank Federman DESCRIPTION ALL TIlATCERTAIN ttact or parcel of land siluare in Hopewell Township, Cumberland Cou~ty, Pennsylvania, more fully bounded and described as follows: . BEGINNING at an iron pin at comer of 1>.I.'..Ildi...l\9\Y.JlI.fonnerlY of Boyd H. ey and the land M~ed,'WblclI pin is 25,0 feet from !be ".:~'.or..~llDuttJ60;lbence by Hey NO/fh 79~', 16 minutes Ohconds West .. 371.S4fet1:l<l an non pin, at. Lot 1"0. 5 on . .ubdivision plan 01 Blaine Tarner, recorded in.the \l1sher Office of the ReconIer of Deeds of Cumberland dedge Cuuirty. Peunsylvania in Plan Book 30, Page 106; thence by Lot No.5 North 10 degrees 43 minutes 51 "",onds East. 105.0 feet, to a concrete mouument at corner common to Lo~ 1, 2 and 5 on the afnresaid plan; thence by Lot No.2 North 59 degrees 09 minuttszg second. East, 187.83 feet to an iroD pin at tile right-of-way of Township Routt 360; thence by said road South 34 degrees 26 minutes 27 "",onds East, 325.74 feet, to an iron pin !be place of BEGINNING. CONTAINING 1.15 acres per survey of Kissinger and Wolfe dated June 1. 1977. BEING Lot No. I of the afore.said subdivision plan. 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