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HomeMy WebLinkAbout01-7002FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO HOME MORTGAGE, INC. 5024 PARKWAY PLAZA BOULEVARD CHARLOTTE, NC 28217-2407 Plaintiff Vo DEBBIE J. DETWILER 252 MCALLISTER CHURCH ROAD CARLISLE, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **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 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 &fend against thc 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#:4133317 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. 5024 PARKWAY PLAZA BOULEVARD CHARLOTTE, NC 28217-2407 The name(s) and last known address(es) of the Defendant(s) are: DEBBIE J. DETWILER 252 MCALLISTER CHURCH ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 10/8/96 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to SIGNET MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1346, Page 681. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 8/1/01 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. The following amounts are due on the mortgage: Principal Balance Interest 7/1/01 through 11/1/01 (Per Diem $15.41) Attorney's Fees Cumulative Late Charges 10/8/96 to 11/1/01 Cost of Suit and Title Search Subtotal $67,223.25 1,910.84 1,225.00 79.23 550.00 $70,988.32 Escrow Credit 0.00 Deficit 384.98 Subtotal $ 384.98 TOTAL $71,373.30 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c. 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $71,373.30, together with interest from 1 l/l/01 at the rate of $15.41 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. /s/Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~b those certain lots o~ g~ound in Heat ~ennsboco To~nship~ Cumberland County, eennsy~vania, bounded and described as TR~C~ 1= BF~NG ak a point ~n ~he cente: o: :he public toad ~ead:ng f:~ ehe $~ate Road by ~o:son S~a~LOR ~o Ch~ Tutnp~ke~ ~o~ Blp~ns~eel~ a dlatance of one hundred seven,cea (~1~) seven (87) f~t, ~ce o[ leaa~ to a post; thenc~ by the same in an [as2~acdly dlrec~lon, i ~stance of one hundred and seventeen (117) feet~ ~e or ltas~ ~o the cence~ of said public Eoad; thence along the cente: o~ ~ald p~lic coed In a Nochhva:dly di~ecCion, a distance of elght~seven (e?) fee~ Co a point, the place of ~ING forty (40] ~ches of land, ~e o: less~ a~ having ~he:aon erece~ a t~o-sto~ ::a~ d~lling house and other ~oad~ ~hich poin~ Is In line of p~ope~ty no~ o~ fo~ly o~ Co a pos~ ~hence ~ a ~u~h~acdLy d~cecC~on a~ong ~and, no~ ~he a~ocesaid public ~o~d~ ~henc~ ~n a Noc~h~cd~y d~ec~on a~ong ~he eas~ecn ~de of s~Ld p~c co~d a d~s~ance o~ s~x~y-s~x 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 foregoing Civil Action in Mortgage Foreclosure are tree 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 unswom falsification to authorities. DATE: FE'DERMAN AND PHELAN, L.L.P. BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHlq F. KENNEDY BLVD. STE 1400 PHILADELPHIA, PA 19103-1814 (215) 563 -7000 ATTORNEY FOR PLAINTIFF WELLS FARGO HOME MORTGAGE, INC. VS. DEBBIE J. DETWILER Plaintiff Defendant(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 01-7002-CIVIL TERM, 2001 SUGGESTION OF RECORD CHANGE R~ PLAINTIFF'S NAME TO THE PROTHONOTARY: FP~ANK FEDERMAN, ESQUIRE, attorney for the Plaintiff, hereby certifies that, to the best of his knowledge, information and belief the plaintiff' was erroneously listed in the complaint as: WELLS FARGO HOME MORTGAGE, INC. The correct name for the Plaintiff is: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Kindly change the information on the docket· Frank Federman, Esquire Attorney for Plaintiff FEDER2MAN AND PBELAN, L.L.P. BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 Suite 1400, One Penn Center at Suburban Station 1617 John F. Kennedy Blvd. Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO HOME MORTGAGE, INC. Plaintiff DEBBIE J. DETWILER VS. Defendant(s) COURT OF COMlVION PLEAS CUIVIBERLAND COUNTY No. 01-7002-CIVIL TER/Vl, 2001 ~qlTGGi~.~qTION OF RE~.C}Rrl CIIANf~-i~, RE: PARAGRAPI-I #3 (~!~ TIlE COMP! ,AINT IN ~IC}RTGA(~-l~, FOREST ,O~qlIRF. TO TFIF, pR C)TI4ONR')T AR¥: FRANK FEDERMAN, ESQUIRE, attomey for the Plaintiff, hereby certifies that, to the best of his knowledge, information and belief that the information in paragraph #3 of the Complaint in Mortgage Foreclosure is: On 10/8/96 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to SIGNET MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, hi Mortgage Book No. 1346, Page 681. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. Kindly change the information on the docket. Date: December 26, 2001 Frank Federman, Esquire Attorney for Plaintiff SHERIFF'S RETURN CASE NO: 2001-07002 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO HOME MORTGAGE INC VS DETWILER DEBBIE J - REGULAR RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DETWILER DEBBIE J the DEFENDANT , at 1945:00 HOURS, at 252 MCALLISTER CHURCH ROAD CARLISLE, PA 17013 DEBBIE DETWILER on the 28th day of December , 2001 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 18.00 Service 3.25 Affidavit .00 Surcharge 10.00 .00 31.25 Sworn and Subscribed to before me this ~ day of A.D. J ~ Prothonota~l J So Answers: R. Thomas Kline 01/02/2002 FEDERMAN & PHELAN By: ~/~~--/ / Deputy Sheriff / FEDE ,ItaliAN 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 MORTGAGE, INC. 5024 PARKWAY PLAZA BOULEVARD CHARLOTTE, NC 28217-2407 Plaintiff, V. DEBBIE J DETWILER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-7002 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against DEBBIE J DETWILER and, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 11/1/01 to 2/7/02 TOTAL $71,373.30 $1,525.59 $72,898.89 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRA~EDE]~ViA~, E-~'QUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. PRO PROTHY FEDE~MAN ~N]D PHE~N, L.L.P. Frank Ped~r.man, 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. Plaintiff vs. DEBBIE J. DETWILER : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 01-7002-CIVIL Defendant(s) TO: DEBBIE J. DETWILER 252 MCALLISTER CHURCH ROAD CARLISLE, PA 17013 DATE OF NOTICE: JANUARY 18, 2002 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 AN~ 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. IMPORTART NOTICE 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 (!0) 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 law!zer 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 ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Attorney for Plaintiff FEDERMAN"and PHELAN By: FRANK F~DERMAN 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 MORTGAGE, INC. 5024 PARKWAY PLAZA BOULEVARD Plaintiff, V. DEBBIE J DETWILER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-7002 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant DEBBIE J DETWILER is over 18 years of age and resides at, 252 MCALLISTER CHURCH ROAD, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMg~N, ESQUIRE Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WELLS FARGO MORTGAGE, INC. 5024 PARKWAY PLAZA BOULEVARD Plaintiff, V. DEBBIE J DETWILER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-7002 Notice is given that a Judgment in the above-captioned matter has been entered against you on d- ~l 2002. If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attomey 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.** PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WELLS FARGO MORTGAGE, INC. : Plaintiff, : V. -' DEBBIE J DETWILER : ., Defendant(s). : : No. 01-7002 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 2/7/02 to 6/5/02 (per diem -11.98) TOTAL $72,898.89 $1,413.64 and Costs $74,312.53 FRANKFEDERMAN, E'SQL~IRE 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. DESCRIPTION ALL THOSE CERTAIN lots of ground in West Pennsboro Township, Cumberland County. Pennsylvania. bounded and described as follows: TRACT 1: BEGINNING at a point in the center of the public road leading from the State Road by Elliotson Station to the Turnpike; thence in a Westwardly direction by property, now' or formerly of John Hippenstee!. a distance of one hundred seventeen (t 17) feet, more or less. to the center of said public road; thence along the center of said public road in a Northwardly direction, a d:~stance of eighty- seven (87) feet to a point, the place of Beginning. CONTAINING fort-y (40) perches of land. more or less, and having thereon erected a rwo-sto~ frame dwelling house and other improvements. TRACT 2: BEGINNING at a point in the Eastern side of a public road, which point is in line of property now or formerly of Robert Heberlig; thence in an Eastwardly direction along land now or fom~erly of the said Heberlig, a distance of sixt-y-nine (69) feet to a post: thence in a Southwardly , ,~..,~,~. Amy Rockey, a distance of sixrv'-six (66) feet to a stake; dil'ection alon.* land, now or formerly ~ ' ? -.- . thence in a Westwardly direction along other land now or formerly of John R. Snyder and Genevieve B. Snyder, a distance of six~:-nine (69) feet to a point (a stake) in the Eastern side of the aforesaid public road; thence in a Northwardly direction along the Eastern side of said public road a distance of sLx~y-six (66) feet ro a point, the place of Beginning. Being known and numbered as 252 McAllister Church Road. Carlisle, PA. Tax Map #19-1659, Parcel #015 WELLS FARG(~ MORTGAGE, INC. Plaintiff, ¥, DEBBIE J DETWlLER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-7002 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO MORTGAGE, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipc for the Writ of Execution was filed the following information concerning the real property located at 7252 MCALLISTER CHURCH ROAD~ CARLISLE~ PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DEBBIE J DETWILER 252 MCALLISTER CHURCH ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: DEBBIE J DETWlLER 252 MCALLISTER CHURCH ROAD CARLISLE, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Sallie None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 252 MCALLISTER CHURCH ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. February 7, 2002 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDE~IAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPI-IIA, PA 19103-1814 (215) 563-7000 WELLS FARGO MORTGAGE, INC. Plaintiff, V. DEBBIE J DETWILER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-7002 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: 0 an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff WELLS FARGO MORTGAGE, INC. Plaintiff, V. DEBBIE J DETWILER Defendant(s). TO: DEBBIE J DETWILER 252 MCALLISTER CHURCH ROAD CARLISLE, PA 17013 CUMBERLAND COUNTY No. 01-7002 February 7, 2002 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND 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 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 ~ 252 MCALLISTER CHURCH ROAD~ CARLISLE~ PA 17013~ 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 72~898.89 obtained by WELLS FARGO 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 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 attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the fight 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 (10) days after the distribution is filed. 7. You may also have other fights 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 DESCRIPTION ALL THOSE CERTAIN lots of ground in West Permsboro Township, Cumberland County. Pennsylvania. bounded and described as follows: TIL~CT l: BEGINNING at a point in the center of the public road leading from the State Road bv Elliotson Station to the Turnpike; thence in a Westwardly direction by property, now or formerly of John Hippenstee!. a distance of one hundred seventeen (117) feet. more or less. to the center of said public road; thence along the center of said public road in a Northwardly direction, a distance of eighty- seven (87) feet to a point, the place of Beginning. CONTAINING forty. (40) perches of land. more or less, and having thereon erected a two-stoo' frame dwelling house and other improvements. T1L~CT 2: BEGINNING at a point in the Eastern side of a public road, which point is in line of property now or formerly of Robert Heberlig; thence in an Eastwardly direction along land now or fom'~erly of the said Heberlig, a distance of sixt-y-nine (69) feet to a post: thence in a Southwardly direction along land, now or fotmerl5 :,7 Mrs. Am,,,' Rockey, a distance of sixt?'-six (66) feet to a stake; thence in a Westwardly direction along other land now or formerly of John R. Snyder and Genevieve B. Snyder, a distance of sixty-nine (69) feet to a point (a stake) in the Eastern side of the aforesaid public road; thence in a Northwardly direction along the Eastern side of said public road a distance of sixty-six (66) feet to a point, the place of Beginning. Being known and numbered as 252 McAllister Church Road. Carlisle, PA. Tax Map #19-1659, Parcel #015 PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE WELLS FARGO MORTGAGE, INC. DEBBIE J DETWILER SERVE DEBBIE J DETWILER AT 252 MCALLISTER CHURCH ROAD CARLISLE, PA 17013 CUMBERLAND COUNTY No. 01-7002 ACCT. ff.41333t7 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 5, 2002 SERVED Se~ed and ~de kno n ~ _ ~ of Pe~sylvania, in the ma~er deschbed below: ~Defen~nt personally served. Adult fa~ly member with whom Defen~nt(s) reside(s). Relatiomhip is Adult in cMrge of Defen~nt(s)'s residence who reused to give ~me or relatio~p. ~ Manager/Clerk of place of lodging in which Defendant(s) resi&(s). ~ Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defen~t(s)'s company. Description: Ag~ Height~ tf Wei~t ~g Race ~ Sex f O~er a ~e ~nd co~ect copy of the N~tice of Sheriffs Sale in ~e ~er as set fo~ herein, issued in ~e cap6oned case on ~e date ~d at the address indicated above. befor~mgthis~ day /~ / ~ ~. ~ ~1~ / of 20 . /J I ' ' ES. INDICATE DATES & T~ES OF SER~CE ATTEMPED. ~ICE AT LEAST 3 TIM N~arial ~al Lisa M. Greason, Ns,!a~y PubSc Cadh;Io rSo;o, Cumbed~d Cc~ nb/ ] NOT ~ ~ day of' - ,200~, at o'clock ~.m., Defen~nt NOT FOUND became: 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 FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO MORTGAGE, 1NC. 5024 PARKWAY PLAZA BOULEVARD CHARLOTTE, NC 28217-2407 DEBBIE J DETWILER ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-7002 CUMBERLAND COUNTY PRAECIPE TO MARK JUDGMENT SATISFIED TO THE PROTHONOTARY: Kindly mark judgment in the above captioned matter "Satisfied" upon payment of your costs only. FRANK FEDERMAN, ESQUIRE March 7, 2002 Wells Fargo Mortgage, Inc. VS Debbie J. Detwiler In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-7002 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Surcharge 30.00 Posting Handbills Law Library .50 Prothonotary 1.00 Share of Bills Mileage Levy Advertising Certified Mail Poundage 1.23 Law Journal Patriot News $ 62.73 paid by attorney 3-13-02 Sworn and subscribed to before me This / Y ~ day of ~ 2002, A.D.(.~,,.a.,._. ~ ~: ~/-n Prothonotary So Answers: R. Thomas Kline, Shc~riff Real Estate Deputy WELLS FARGO MORTGAGE, INC. Plaintiff, V. DEBBIE J DETWILER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-7002 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO 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 infoanation concerning the real property located at ~252 MCALLISTER CHURCH ROAD~ CARLISLE~ PA 17013 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DEBBIE J DETWILER 252 MCALLISTER CHURCH ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: DEBBIE J DETWlLER 252 MCALLISTER CHURCH ROAD CARLISLE, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: NalTle Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Sanle None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Nam~ Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 252 MCALLISTER CHURCH ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. February 7, 2002 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff WELLS FARGO MORTGAGE, INC. : Plaintiff, : V, -' .. DEBBIE J DETWILER : .. Defendant(s). : TO: DEBBIE J DETWILER 252 MCALLISTER CHURCH ROAD CARLISLE, PA 17013 CUMBERLAND COUNTY No. 01-7002 February 7, 2002 **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 ~ 252 MCALLISTER CHURCH ROAD~ CARLISLE~ PA 17013~ 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 72~898.89 obtained by WELLS FARGO 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 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: {2157 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 fights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the 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 (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 DESCRIPTION ALL THOSE CERTAIN lots of ground in West Pennsboro Township, Cumberland Cc~:nty. Pennsylvania. bounded and described as follows: TRACT !.: BEGINNING at a point in the center of the public road leading from the State Road by Elliotson Station to the Turnpike: thence in a Westwardly direction by propert?', now or formerly of John Hippensree!. a distance of one hundred seventeen (117) feet, more or less. to the center of said public road; thence along the center of said public road in a Northwardly direction, a distance of eighty,- seven (87) feet to a point, the place of Beginning. CONTAINING fort?' (40) perches of land, more or less, and having thereon erected a va, o-story flame dwelling house and other improvements. TRACT 2: BEGINNING at a point in the Eastern side of a public road, which point is in line of property now or formerly of Robert Heberlig; thence in an Eastwardly direction along land now or fmmerlv of the said Hebertig, a distance of sixty-nine (69) feet to a post: thence in a Southwardly directioh along land, now or fo[merly :,f Mrs. Amy Rockey, a distance of six~'-six (66) feet to a stake; thence in a W~stwardly direction alon~ other land now or formerly of John R. Snyder and Genevieve B. Snvder, a distance of six~,-nine (6-9) feet to a point (a stake) in the Eastern side of the aforesaid public' road; thence in a Northwardly direction along the Eastern side of said public road a distance of sixty-sLx (66) feet to a point, the place of Beginning. Being known and numbered as 252 McAllister Church Road. Carlisle, PA. Tax Map #19-1659, Parcel #015 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-7002 Civil CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, imerest and costs due WELLS FARGO MORTGAGE, INC. PLANTIFF(S) From DEBBIE J. DETWILER, 252 MCALLISTER CHURCH ROAD, CARLISLE PA 17013. (1) You are directed to levy upon the property of the defendant(s) and to sell REAL ESTATE LOCATED AT 252 MCALLISTER CHURCH ROAD, CARLISLE PA 17013. (SEE ATTACHED LEGAL DESCRIPTION.) (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are 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 him/her that be/she has been added as a garnishee and is enjoined as above stated. Amount Due $72,898.89 L.L. $.50 Interest 2/7/02 - 6/5/02 @ $11.98/DIEM $1,413.64 Due Prothy $1.00 Atty's Comm % Other Costs Atty Paid $103.25 Plaintiff Paid Date: FEBRUARY 21, 2002 CURTIS R. LONG Prothonotary, Civil Division Name FRANK FEDERMAN, ESQ. Address: ONE PENN CENTER ~ SUBURBAN STATION 1617 JFK BLVD, STE 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 ~REAL ESTATE SALE No. s 2 On March 11, 2002 the sheriff levied upon the defendant's interest in the real property situated in West Pennsboro Township, Cumberland County, PA, known and numbered as 252 McAlii~r~r Church Road, Carlisle and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 11, 2002 By: MJo_~ .~'~ Real Estate Deputy