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HomeMy WebLinkAbout01-6493FEDERMAN 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 s) s6 -7ooo WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. 5024 PARKWAY PLAZA BOULEVARD CHARLOTTE, NC 28217-2407 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. O[ -- &qq3 CUMBERLAND COUNTY DARRELL R. GORDON EDITH L. BROWNAWELL 431 MOUNTAIN ROAD NEWVILLE, PA 17241 Defendant(s) CIVIl, ACTION - I,AW COMPI,AINT IN MORTGAGE FORECI,OgIIRE NOTICE **THIS FIRM 1S 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 #: 3104048 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. Plaintiff is WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. 5024 PARKWAY PLAZA BOULEVARD CHARLOTTE, NC 28217-2407 The name(s) and last known address(es) of the Defendant(s) are: DARRELL R. GORDON EDITH L. BROWNAWELL 431 MOUNTAIN ROAD NEWVILLE, PA 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 05/30/95 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CONSUMER FIRST MORTGAGE, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1264, Page 1038. By Assignment of Mortgage recorded 05/30/95 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 497, Page 114. 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 06/01/01 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance Interest 05/01/01 through 11/01/01 (Per Diem $20.43) Attorney's Fees Cumulative Late Charges 05/30/95 to 11/01/01 Cost of Suit and Title Search Subtotal $81,736.12 3,779.55 1,250.00 163.60 550.00 $87,479.27 Escrow Credit 0.00 Deficit 5376g Subtotal ~1 5~7,68 TOTAL $88,016.95 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $88,016.95, together with interest from 11/01/01 at the rate of $20.43 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ALL THAT CERTAIN tract of land situate in Lower Mifflin Township, Cum~eriand County, Pennsylvania, being Lot #4 of a Subdivision of Samuel D. Shenk, as set forth in Plan Book 60, Page !13, more particularly bounded and described as follows: BEGINNING at a set railroad spike situate on the centerline of Lower Mifflin Township Road T-353, also known as Mountain Road, said railroad spike being located South 86 degrees 59 minutes 3% seconds West 75.46 feet from an existing nail and washer situate on the centerline of said Mountain Road; thence along other lands now or formerly cf Samuel D. Shenk, South 08 d~grees 33 minutes 05 seconds East 286.76 feet to a set iron pin; thence along other lands now or formerly of Samuel D. Shenk, North 88 degrees 17 minutes 22 seconds West 357.44 feet to a set iron pin; thence along lands now or formerly of Samuel D. Shenk, North 02 degrees 11 minutes 19 seconds East 257.07 feet to a set railroad sDike on the centerline of Mountain Road~ thence along the center!ine of said Mountain Road, North 86 degrees 59 minutes 31 seconds East 305.24 feet to a set railroad spike, the Place of BEGINNING. CONTAINING 2.0547 acres of land including the righ~-of-way area. BEING the same premises Samuel D. Shenk and Barbara J. Shenk, husband and wife, by their deed dated the 30th day of June, 1990, and recorded in the office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania, in Deed Book , Page , granted and conveyed unto Steven L. Shenk and Tammy S. Shenk, husband and wife, the Grantors herein. TOGETHER with all the buildings, improvements, ways, streets, alleys, passages, waters, water-courses, rights, liberties, privileges, herediments, and appurtenances whatsoever, thereunto belonging or in any way appertaining and the reversions, the remainders, rents, issues and profits thereof, and al! the estate, right, title, interest, property, claim, and remand whatsoever of the said Grantors, in law, equity, or othel-wise howsoever, of, in, to, or out of the same. And the said Grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. PREMISES: 431 MOUNTAIN ROAD VERIFICATION TAMMY JOHNSON hereby states that she is ASSISTANT VICE PRESIDENT of WELLS FARGO HOME MORTGAGE, INC. mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the Ibregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: SHERIFF'S RETURN - REGULAR CASE~NO: 2001-06493 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CITMBERLAND WELLS FARGO HOME MORTGAGE ETAL VS GORDON DARRELL R ET AL JASON VIOP~AL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GORDON DARRELL R the DEFENDANT , at 1859:00 HOURS, on the 30th day of November at 431 MOUNTAIN ROAD 2001 NEWVILLE, PA 17241 DARRELL GORDON by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.50 Affidavit .00 Surcharge 10.00 .00 34.50 Sworn and Subscribed to before me this /3~ day of A.D. So Answers: R. Thomas Kline 12/03/2001 FEDERMAN & PHELAN )-eput y Sheriff SHERIFF'S RETURN - REGULAR .CASE NO: 2001-06493 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO HOME MORTGAGE ETAL VS GORDON DARRELL R ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BROWNAWELL EDITH L the DEFENDANT , at 2038:00 HOURS, at 14 BETTY NELSON TRAILER PARK CARLISLE, PA 17013 EDITH BROWNAWELL a true and attested copy of on the 30th day of November , 2001 by handing to COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 3.90 Affidavit .00 Surcharge 10.00 .00 19.90 Sworn and Subscribed to before me this /~-- day of ~_,~.~J~,~_. JR/ A.D. Prothonotary So Answers: R. Thomas Kline 12/03/2001 uty ~herif f 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 HOME MORTGAGE, INC., F~/A NORWEST MORTGAGE, INC. 5024 PARKWAY PLAZA BOULEVARD CHARLOTTE, NC 28217-2407 Plaintiff, V. DARRELL R. GORDON EDITH L. BROWNAWELL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 01-6493 CIVIL TERM PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against DARRELL R. GORDON and EDITH L. BROWNAWELI,, 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 11/01/01 to 01/16/02 TOTAL $88,016.95 $1,573.11 $89,590.06 I hereby certify that (1) the addresses of the Plaintiffand Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. NK FEDERMAN, E~-"IRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. PRO PROTHY (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WELLS FARGO HOME MORTGAGE, INC., FfK/A NORWEST MORTGAGE, INC. 5024 PARKWAY PLAZA BOULEVARD Plaintiff, DARRELL R. GORDON EDITH L. BROWNAWELL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6493 CML TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on DEPUTY / 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.** FEDERMANAND PHELAN Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (21S) 563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff VS. DARRELL R. GORDON EDITH L. BROWNAWELL : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : N0.01-6493 CIVIL Defendant TO: EDIT~ L. BROW-NAW~LL 431 MOIYNTAIN ROAD NEW-~ILLE,PA 17241 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORT NOT CE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUIVIBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3 166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN, L.L.P. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff DARRELL R. GORDON EDITH L. BROWNAWELL : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 01-6493 CIVIL Defendant(s) TO: DARRELL R. GORDON 431 MOUNTAIN ROAD I~g-~;VILLE,PA 17241 DATE OF NOTICE: DECEMBER 21 2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOC/ATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 F~ank FedermAn, Esquire Attorney for Plaintiff 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 (ZIS~ 5~3-7000 WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. 5024 PARKWAY PLAZA BOULEVARD Plaintiff, DARRELL R. GORDON EDITH L. BROWNAWELL Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 01-6493 CIVIL TERM 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 DARRELL R. GORDON is over 18 years of age and resides at 431 MOUNTAIN ROAD, NEWVILLE, PA 17241 . ' (c) that defendant EDITH L. BROWNAWELL is over 18 years of age, and resides at, 431 MOUNTAIN ROAD, NEWVILLE, PA 17241. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff, DARRELL R. GORDON EDITH L. BROWNAWELL Defendant(s). No. 01-6493 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 01/16/02 to 06/05/02 (per diem -14.73) TOTAL $89,590.06 $2,062.20 and Costs $91,652.26 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 tract of land situate in Lower Mifflin Township, Cumberland Country, Pennsylvania, being Lot #4 of a Subdivision of Samuel D. Shenk, as set forth in Plan Book 60, Page 113, more particularly bounded and described as follows: BEGINNING at set raikoad spike situate on the centerline of Lower Mifflin Township Road T-383, also known as Moumain Road, said railroad spike being located South 86 degrees 59 minutes 31 seconds West 75.46 feet from an existing nail and washer situate on the centerline of said Mountain Road; thence along other lands now or formerly of Samuel D. Shenk, South 08 degrees 33 minutes 05 seconds East 286.76 feet to a set iron pin; thence along other lands now or formerly of Samuel D. 5henk, North 88 degrees 17 minutes 22 seconds West 357.44 feet to a set iron pin; thence along lands now or formerly of Samuel D. Shenk, North 02 degrees 11 minutes 19 seconds East 257.07 feet to a set railroad spike on the centerline of Mountain Road; thence along the centeriine of said Mountain Road, North 86 degrees 59 minutes 31 seconds East 305.24 feet to a set railroad spike, the place of beginning. CONTAINING 2.0547 acres of land including the right-of-way area. Tax Parcel #5-0411-027 VgELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff, DARRELL R. GORDON EDITH L. BROWNAWELL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6493 CML TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC.. Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,431 MOUNTAIN ROAD, NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DARRELL R. GORDON EDITH L. BROWNAWELL 431 MOUNTAIN ROAD NEWVILLE, PA 17241 431 MOUNTAIN ROAD NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the judgment: DARRELL R. GORDON EDITH L. BROWNAWELL 431 MOUNTAIN ROAD NEWVILLE, PA 17241 431 MOUNTAIN ROAD NEWVILLE, PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Nalne None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: N2me AMERICAN GENERAL FINANCE, INC Last Known Address (if address cannot be reasonably ascertained, please indicate) 6 SOUTH HANOVER STREET CARLISLE, PA 17013 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 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: Nalne Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 431 MOUNTAIN ROAD NEWVILLE, PA 17241 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of 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. Janu~ DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 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 HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff, DARRELL R. GORDON EDITH L. BROWNAWELL Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6493 CIVIL TERM CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant () 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 HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff, DARRELL R. GORDON EDITH L. BROWNAWELL Defendant(s). TO: DARRELL R. GORDON 431 MOUNTAIN ROAD NEWVILLE, PA 17241 CUMBERLAND COUNTY No. 01-6493 CIVIL TERM January 16, 2002 EDITH L. BROWNAWELL 431 MOUNTAIN ROAD NEWVILLE, PA 17241 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOTAND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at, 431 MOUNTAIN ROAD, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on JUNE 5, 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 89,590.06 obtained by WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE~ INC. (the mortgagee) against you., In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SAI,E To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: {215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pay~s the Sheriff'the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff'gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (I0) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract o~' land situate in Lower Mifflin Township. Cumberland Count-, Pennsylvania, being Lot #4 of a Subdivision of Samuel D. Sheak, as set forth in Plan Book 60, Page 113. more particularly bounded and described as follows: BEGINNING at set raikoad spike situate on the centerline of Lower Mifflin Township Road T-383, also known as Mountain Road, said railroad spike being located South 86 de~ees 59 minutes 31 seconds West 75.46 feet from an existing nai/ and washer situate on the centerline of said Mountain Road: thence along other lands East 286.76 feet to a se~ ~r;~;irn ~°thr~e::~Ya~of~.,a~ot~;[ ida. S. henk, South 08 degrees 33 minutes 05 seconds ' g antis now or formerly of Samuel D Shenk, North 88 degrees 17 minutes 22 seconds West 357.44 feet to a set iron pin; thence along lands nov- or formerly of Samuel D. Shenk, North 02 de~ees Ii minutes 19 seconds East 257.07 feet m a set railroad spike on the centerline of Mountain Road; thence along the centerline of said Mountain Road, North 86 degrees 59 minutes 31 seconds East 305.24 feet to a set railroad spike, the place of beginning. CONTAINING 2.0547 acres ~f land including the fight-of-way area. Tax Parcel #5-0411-027 :S~OllO;) s~ paq.u~sop pu~ popunoq il~In~.~d oaom '£! I o~cI '09 ~IOO~ u~Id m. ttlao; aos ~ '~uotl~ '(I IOnm'~ ~o UO!~..A!pquS ~ ;)O ~# 20'I ~m. oq '~.ru~Al,(Suuod '/,~unoD pu-etzaqmnD 'd.rqsu~o£ m.I.~!l~I ~,,t, oq ~ ~m!s pu~I ~o 2~.~ NIYJJ~I3D 2,¥'H£ 'I-IV PLAINTIFF AFFIDAVIT OF SERVICE WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. DEFENDANT(S) DARRELL R. GORDON EDITH L. BROWNAWELL SERVE EDITH L. BROWNAWELL AT 431 MOUNTAIN ROAD NEWVILLE, PA 17241 CUMBERLAND COUNTY No. 01-6493 CML TERM ACCT. ~$104048 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 5, 2002 SERVED of Pe~ylv~ia, in the ~er described below: Def~nd~t perso~lly se~ed. Adult ~ c~ge of Defen~t(s)'s residence who reused to give name or relafiom~p. ~ M~ger/Clerk of place of lodg~g in which Defendant(s) reside(s). ~ ~ ~o ~ Agent or person ~ ch~ge of Defendant(s)'s o~ce or us~l place of bus,ess. ~ officer of said Defen~nt(s)'s co~any. ~O~er: I~ Description: Age. ~ HeiSt ~ Weight [~ Race ~ Sex ~ O~er 5/a,~5 I, C [D~ a ~. ~ k. ~ ~ k~ ~% co~etent ad.t, berg duly sworn accord~g to law, depose ~d state ~t I personally ~ded a ~e ~d co~ect copy of ~e Notice of ShefiWs Sale in ~e ~er as set fo~ here~ issued ~ ~e captioned case on the ~te ~d at · e ad.ess ~cated above, -.-- ~ · _ ~aa I PLEBE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE D~TIMES OF SER~CE A~EMPED. NOT SERVED On the day of ,200_, at o'clock __.m., Defendant NOT FOUND because: Moved __ Unknown__ No Answer Vacant Other: Sworn to and subscribed before me this day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-700O PI~AINTIFF AFFIDAVIT OF SERVICE WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. DEFENDANT(S) DARRELL R. GORDON EDITH L. BROWNAWELL SERVE DARRELL R. GORDON AT 431 MOUNTAIN ROAD NEWV1LLE, PA 17241 CUMBERLAND COUNTY No. 01-6493 CIVIL TERM ACCT. ~g5104048 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 5, 2002 Served and m. de o=to 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. SERVED dayof e~-~o~ ~ ~, 200_~, , Commonwealth __ Other: Description: Age ~"' Hei.ghi ~ Weight/~O Race wh Sex /(A Other . . I, ~ ~ 6~ N c ~ ~' ~ I, a coherent adult, ~emg duly sworn accord~g to law, depose ~d state t~t I peraomlly ~ded a ~e ~d co~ect copy of ~e Notice of Shed's S~ ~ *he ~ann~ as set fo~ here~, issued ~ the captioned case on the ~te and at · e ad,ess indicated above. I ~ ~ ~ Sworn to and subscribed I _ NOT SERVED On the day of ,200__, at o'clock __.m., Defendant NOT FOUND because: __ Moved __ Unknown__ No Answer Vacant Other: Sworn to and subscribed before me this day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO HOME MORTGAGE, INC. F/K/A NORWEST MORTGAGE, INC. ) CIVIL ACTION ) VS. DARRELL R. GORDON EDITH L. BROWNAWELL CIVIL DIVISION NO. 01-6493 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for WELLS FARGO HOME MORTGAGE, INC. F/K/A NORWEST MORTGAGE, INC. hereby verify that on 1/16/02 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. Notice of Sale was sent to the Defendant(s) on 1/16/02 by certified mail return receipt requested see Exhibit "B" attached hereto. DATE: April 18, 2002 FRANK FEDER~AN, ESQUIRE Attorney for Plaintiff 7160 3901 9844 6528 7941 TO: DARRELL R. GORDON 431 MOUNTAIN ROAD NEWVILLE, PA 17241 SENDER: TEAM 5 REFERENCE: GOPdDON, DARRELL ~.. PS Form 3800~ June 2000 RETURN k?es~e SERVICE edified Fee Return Receipt Fee Restricted Delivery iai Postage & Fees US Post.aJ Service Re.c..e. Ipt for. Certmf,ed Marl No Insurance Coverage Provided Do Not Use for international Mai[ ..~4 2.10 1.50 3,20 7.14 STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND ss. Robert: p Ziegler ............................................................................. Recorder of Deeds in and for said County and State do'hereby certify that the Sheriff's Deed in which ................ WElls Fargo Home Mtg Inc f~a Norwest Mtg Inc .................................................................................... is the grantee the sa,me having been sold to said grantee on the 5th June ~ ~3~3'2 ........................................... day of ........................................ A. D., ..' ..... , under and by virtue of a writ .............. Execution 17 th ................................................ issued on the ..................................... day ~f Jan 200/ ........................... A.D., v~t of the Court of Comman Plea~ o~ said County'as of Civil 2ooy ................................................................................... Term,; ...... 6493 ' Wells Fargo Home Mtg Inc fka Norwest Mtg Inc Numher .............. , at the suit of ............................................................... · Darrell R Gordon & Edith L Brownawell ................................... against .................................................... ~ 252 dui), recorded in Sheriff's Deed Book No .... , Page 2802 Wells Fargo Home Mortgage, Inc. f/k/a Norwest Mortgage, Inc. VS Darrell R. Gordon and Edith L. Brownawell In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6493 Civil Term Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on March 28, 2002 at 2:32 o'clock pm, EST, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Darrell R. Gordon, by making known unto Edith Brownawell, adult in charge, at 431 Mountain Road, Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on March 28, 2002 at 2:32 o'clock pm, EST, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Edith L. Brownawell, by making known unto Edith Brownawall, personally, at 431 Mountain Road, Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2002 at 11:36 o'clock A.M., E.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Darrell R. Gordon and Edith L. Brownawell located at 431 Mountain Road, Newville, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Darrell R. Gordon, by regular mail to his last known address of 431 Mountain Road, Newville, PA 17241. This letter was mailed under the date of April 04, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Edith L. Brownawell, by regular mail to her last known address of 431 Mountain Road, Newville, PA 17241. This letter was mailed under the date of April 04, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due a~.d legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on June 5' 2002 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for Wells Fargo Home Mortgage, Inc. f/k/a Norwest Mortgage, Inc.. It being the highest bid and best price received for the same, Wells Fargo Home Mortgage, Inc., f/k/a Norwest Mortgage, Inc. of 5024 Parkway Plaza Blvd., Charlotte, NC 28217-2407, being the buyer in this execution paid Sheriff R. Thomas Kline, the sum of $738.26, it being costs. ELLS FARGO HOME MORTGAGE, INC., K/A NORWEST MORTGAGE, INC. Plaintiff, DARRELL R. GORDON EDITH L. BROWNAWELL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6493 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO HOME MORTGAGE, INC., F/FdA NORWEST MORTGAGE, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Wr/t of Execution was filed the following information concerning the real property located at ~431 MOUNTAIN ROAD, NEWVILLE~ PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DARRELL R. GORDON 431 MOUNTAIN ROAD NEWVILLE, PA 17241 EDITH L. BROWNAWELL 431 MOUNTAIN ROAD NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the judgmem: DARRELL R. GORDON 431 MOUNTAIN ROAD NEWVILLE, PA 17241 EDITH L. BROWNAWELL 431 MOUNTAIN ROAD NEWVILLE, PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: SaBle Last Known Address (if address cannot be reasonably ascertained, please indicate) None. , 4. Name and address of last recorded holzlcr of every mortgage of record: Name AMERICAN GENERAL FINANCE, INC Last Known Address (if address cannot be reasonably ascertained, please indicate) 6 SOUTH HANOVER STREET CARLISLE, PA 17013 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of ~very other person of whom thc plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 431 MOUNTAIN ROAD NEWVILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ,anu 16,2002 DATE F AN, ESQUIILE Attorney for Plaintiff V~ELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff, DARRELL R. GORDON EDITH L. BROWNAWELL Defendant(s). TO: DARRELL R. GORDON 431 MOUNTAIN ROAD NEWVILLE, PA 17241 CUMBERLAND COUNTY No. 01-6493 CIVIL TERM January l6,2002 EDITH L. BROWNAWELL 431 MOUNTAIN ROAD NEWVILLE, PA 17241 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at ~ 431 MOUNTAIN ROAD~ NEWVILLE~ PA 1724L 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 89~590.06 obtained by WELLS FARGO HOME MORTGAGE~ INC, F/K/A NORWEST MORTGAGE, INC. (the mortgagee) against you. ,In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3 129.3. 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. 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 attomey.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. t. If the Sherift~s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the 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 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 Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract of land situate in Lower Mifflin Township. Cumberland Count].;, Pennsylvania, being Lot #4 of a Subdivision of Samuel D. Shenk, as set forth in Plan Book 60, Page 113. more particularly bounded and described as follows: BEGINNING at set raikoad spike situate on the centerline of Lower Mifflin Township Road T-383, also known as Mountain Road, said railroad spike being located Sourla 86 de~ees 59 minutes 31 seconds West 75.46 feet from an existing nail and washer situate on the centerline of said Mountain Road: thence along other lands now or formerly of Samuel D. Shenk, South 08 degrees 33 minutes 05 seconds East 286.76 feet to a set iron pin: thence along other lands now or formerly of Samuel D. Shenk. North 88 degrees 17 minutes 22 seconds West 357.44 feet to a set iron pin; thence along !,nds now or formerly of Samuel D. Shenk, North 02 deg-rees 11 minutes 19 seconds East 257.0¥ feet ro a set railroad spike on the centerline of Mountain Road; thence along the centerline of said Mountain Road, North 86 degrees 59 minutes 31 seconds East 305.2¢ feet to a set railroad spike, the place of beginning. CONTAINING 2.0547 acres of land including the fight-of-way area. Tax Parcel #5-0411-027 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA,) ' NO 01-6493 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due WE~LS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, 1NC. PLANTIFF(S) From DARRELL R. GORDON, EDITH L. BROWNAWELL, 431 MOUNTAIN ROAD, NEWVILLE, PA 17241 (1) You are directed to levy upon the property of the defendant(s) and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the p°ssessi°n of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) if property of the defendant(s) not levied upon an subject to attachment is found in the possessi°n of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $89,590.06 L.L. $.50 Interest FROM 1/16/02 TO 6/5/02 (PER DIEM - 14.73) $2,062.20 AND COSTS Due Prothy $1.00 Atty's Comm % Atty Paid $126.40 Plaintiff Paid Date: JANUARY 17, 2002 Other Costs CURTIS R. LONG Prothonotary, Civil Division REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 REAL ESTATE SAL£ i'lu. ~ On February 6, 2002, the sheriff levied upon the defendant's interest in the real property situated in Lower Mifflin Township, Cumberland County, PA, known and numbered as 431 Mountain Road, Newville, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 6, 2002 By: Real Estate Deputy THE PATRIOT NEWS THE SUNDAY 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 T P~ and The n P ri t-N newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 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 ~,,~~. · · · .,'~'?.~ .'~::. -: ....................................................... CO PY ~lworn mana St~o~a~.~a? eerore m~ ~ 7th day 9~ May~&O02 A.D. S A L E #9 Harrisburg, Dauphin County / ~ NOTARY PUBLIC Member, Pennsylvania ABSOlution el Notades My 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 $ 211.20 Probating same Notary Fee(s) $ 1.75 ~ ~ ~ ail-,~ spila ~i,at~ o~ t~ Total $ 212.95 ......... ~ Publisher's Receipt for Advertising Cost · ..~~.~ Co., publisher of The Patriot-News and Th und ~tdot-News, newspapers of general 33 ~-~ ~ ~ ~ ledge receipt of the aforesaid notice and pubUcation costs and cavities that the same have ~; ~.~ ~.76 ~ ~ a~ ~S~D.~N~_~ . Y n~ ~ ~ ~ ~Y ~ S~I D By .................................................................... ~u~31 ~ ~ ~ fi~t~f-way ~,~47 ~ ~ ~ ~l~ ~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. 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. RF~L F~TATR SALE NO. 9 Writ No. 2001-6493 Civil Wells Fargo Home Mortgage, Inc., f/k/a Norwest Mortgage. Inc. VS. Darrell i~ Gordon and Edith L. Brownawell At[y.: Frank Federman ALL THAT CERTAIN tract of lazld situate in Lower Mifflin Township, Cumberland County, Pennsylvazlia, being Lot #4 of a Subdivision of Sam uel D. Shenk. as set forth in Plan Book 60, Page 113, more particularly bounded and described as follows: BEGINNING at set railroad spike situate on the centerline of Lower Mifflin Township Road T-383, also known as Mountain Road, said rail- road spike being located South 86 degrees 59 minutes 31 seconds West 75.46 feet from an existing nail and washer situate on the centerllne of said Mountain Road; thence along other lands now or formerly of SWORN TO AND SUBSCRIBED before me this 10 day of MAY 2002