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Home My WebLink About04-3069Federman and Phelan, LLP By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Attorney for Plaintiff Wells Fargo Bank Minnesota, N.A., As Trustee For Registered Holders of Option One Mortgage Loan Trust 2001'B, Asset-Backed Certificates, Series 2001'B 6501 Irvine Center Drive Irvine, CA 92618 : Court of Common Pleas : Civil Division : Cumberland County Frank L. Bretz, Jr. Or Occupants 228 State Street West Fairview, PA 17025 : Term CVv~T, AO. TION - EJ~,CTMENT **This firm is a debt collector attempting to collect a debt and any irfformatton 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 ha an attempt to collect a debt, but only enforcement of a lien agaknst property.** 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 (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 ffyou 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 and 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. If you cannot afford to hire a lawyer, this office may be able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1. Plaintiffis Wells Fargo Bank Minnesota, N.A., As Trustee For Registered Holders of Option One Mortgage Loan Trust 2001-B, Asset-Backed Certificates, Series 2001-B. 2. Defendant is Frank L. Bretz, Jr. Or Occupants. Plaintiff is equitable owner of premises located at 228 State Street, West Fairview, PA 17025, a legal description of which is attached. Plaintiff became owner of said premises as a result of foreclosure and judicial sale by the Sheriff of Cumberland County, on June 9, 2004. Plaintiff, by virtue of the above, is the equitable owner of said premises, and is entitled to possession thereof. The defendant is occupying the said premises without right and so far as the plaintiffis informed, without claim of title, Plaintiff has demanded possession of the said premises from the said defendant who has refused to deliver up possession of same. WHEREFORE, plaintiff seeks to recover possession of said premises. F~'~aneis S. Hallinan, Esquire Attorney for Plaintiff ALL THAT CIiP. TYO1V piecc or pa~ of laud situate ia ~h~ {}m~tt~- ot' ~*~t F~h~i~.-, Cuml~l~,nH Cotmty, P~mmsylvanla, more parii~Iy bounded and described as follows: BEGINNING at a point on the South ~ of State Sl~t, beh~ the par~ion U~ of Nos. 22il and ~ State 3tre~ theac~ South gritty-flint (34) de~r~s East thru the center line ofpargtion of No. 22S ~nd 2~0 ~ate St~-~ ~lso ~u the center l~e ofa~ o~.~de to,et, ~iP. anoc Sev~nty-th~e~ feet to a point: thcuco South 'l]u~e (3) dcErees F/itc. ca (15) minutes Went, distance ~ (13) f~ to a point; ,.he~e Somh Eighty-six (86) degrees ~ (15) m~utca Fast, and One-u~th (3 1/10) fcct ~o the comer at' a garag~ tt~uc.~ gouth Thr~ O) (15) r~,m/cs We~ aloug the ~ ora image, d/sian~ H/ev~ (11) feet to a po/hr; ,h,.po~ North Eighty-~ix (Il0-) degrees, Fifteen (15) m!_"_~,**s Wen hetwae~ garak~a, distance Twenly4wo ami seven, reuths (22/0 ~ to a po{ut on the ~ side of Norflm Third Street; them~ So~th ~ (3) dosr~cs, Hik~u (15) minutes We~ ainug the East side of N'orth Tldrd Steer disumcc 'l]fiwy-two and/ive-t~ahs (92.5) ~ to a point ~ the ~st cot'air af Not~ Tulrd S~'ct ~d -qlzeeU theuce South F./ghly-six (80') delln:es, Fitty (50) minu/e~ ~ along North side of Noith Street, a dis~-~-~ Thirice~ and stx-~euths (13.o9 f,~t; theuc~ Noxih Thirty-four (:14) d~lrccs, 'rhigy (30) m{uu~es F~st along the Wcst Uno of the M~dlo propoint, ~_,:~_~ One Hundr~ T~c~t~-d~ 02S) f~t fo a po{ut on the Sou~h 1/~ of State Strut, Nonh F/fly-right deer. s, Thirty (30) m~nutes West distance Tweuty-s/x and Ninciy-five hundrcdths (26.95) fe,~ to a point the Plac~ ef Be~/laling. B}~INO a portion:, oir Lot~ 6 aud 7 iii IVlay~ A/d/io~ to th~ ]ha, ough of W~t Falrvlew, C'umbcdand Cotmty, P~nsylv-~-;.~ and l~av/ng ~bcnxm er~ted a two stot'y frame dwelling house aud (2) frame garal~s, known as nUmber 228 ~!,' Su'e~ IT BEING the ~ame premises wh/ch Nath-- E Bre/~ widower, by deed dated May Sth, 19gl~ and reo~led/n ~h; Cum .berla~ d County P,~.coxder o£ Dee~ o/Tw, e P~s 451, granted aud coaveyod u~to Yra~ L B~z and N. right of ~vot~hip. Gr~s ~ PRI~ISES BEING: 228 STATE STREET /?rancis S. Hallinan hereby states that he is the attorney for the Plaintiff in this eviction action and is authorized to make this verification. The statements made in the foregoing Civil Action - Ejectment are correct to the best of my knowledge, information, and belief. I was the attorney for the Plaintiff or Plaintiffs predecessor in interest in the underlying foreclosure action. I am with the law firm on the writ of e×ecution, and my law firm or an agent of my firm purchased the property on behalf of the Plaintiff by bidding on the property at the sheriffs sale. [ am making this verification rather than a representative of the Plaintiff because I have personal knowledge of the purchase of this property at sheriffs sale. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Da~e e F~ancis S. Hallinan, Esquire Attorney for Plaintiff SHERIFF'S RETURN - CASE NO: 2004-03069 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK MINNESOTA NA VS BRETZ FRANK L JR REGULAR DAVID MCKINNEY , Cumberland County, Pennsylvania, says, the within COMPLAINT - EJECTMENT BRETZ FRANK L JR DEFENDANT at 1900:00 HOURS, at 228 STATE STREET WEST FAIRVIEW, PA 17025 PAULA CARUSO, GIRLFRIEND a true and attested copy of COMPLAINT on the 12th day of July Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 2004 by handing to - EJECTMENT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.10 Affidavit .00 Surcharge 10.00 .00 39.10 Sworn and Subscribed to before me this /,5~ day of ~P~ A.D. So Answers: R. Thomas Kline 07/13/2004 FEDERMAN & PHELAN FEDERMAN AND PHELAN BY: FRANCIS S. HALLINAN IDENTIFICATION NO. 62695 One Penn Center ~ Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (~ 5) ATTORNEY FOR PLAINTIFF Wells Fargo Bank Minnesota, N.A., as Trustee for Registered Holders of Option One Mortgage Loan Trust 200 l-B, Asset-Backed Certificates Series 2001-B VS. Frank L. Bretz, Jr. Or Occupants 228 State Street West Fairview, PA 17025 COURT OF COMMON PLEAS CIVIL DIVISION No. 2004-3069-Civil Cumberland County PRAF, CIPF, FOR .IIJDGMENT IN EJECTMENT TO THE PROTHONOTARY: Kindly enter Judgment in Ejectment in favor of the Plaintiff, Wells Fargo Bank Minnesota, N.A., as Trustee for Registered Holders of Option One Mortgage Loan Trust 2001-B, Asset-Backed Certificates Series 2001-B and against the Defendant(s) Frank L. Bretz, Jr. and Or Occupants for possession of premises 228 State Street, West Fairview, PA 17025 for failure to file an Answer within twenty (20) days of service. I hereby certify that according to Rule 237.1, written 10 day notice of Plaintiffs intention to file a praecipe for Entry of Default Judgment was mailed to Defendant(s), a true and correct copy of which is attached hereto. Default Judgment entered as indicated above. DATE 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 1'215) 563-7000 Wells Fargo Bank Minnesota, N.A., As Trustee for Registered Holders of Option One Mortgage Loan Trust 2001-B, Asset-Backed Certificates, Series 200 I-B Plaintiff Vs. Frank L. Bretz, Jr. Or Occupants Defendants TO: Frank L. Bretz, Jr. Or Occupants 228 State Street West Fairview, PA 17025 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DMSION Cumberland COUNTY NO. 04-3069 Civil FILE COPy DATE OF NOTICE: August 3, 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 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. IMPORTANT NOTICE YOU ARE 1N 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. LrNLESS YOU ACT WITHIN TEN 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH iNFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD S~[I~EET CARLISLE, PA 17013 (800)990-9108 F~N, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN BY: FRANCIS S. HALLINAN IDENTIFICATION NO. 62695 One Penn Center ~ Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 191034814 Wells Fargo Bank Minnesota, N.A., as Trustee for Registered Holders of Option One Mortgage Loan Trust 200 I-B, Asset-Backed Certificates Series 2001-B VS. Frank L. Bretz, Jr. Or Occupants 228 State Street West Fairvie~v, PA 17025 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION No. 2004-3069-Civil Cumberland County VERIFICATION OF NON-MI1 ,ITARV gERVICE FRANCIS S. HALLINAN, ESQUIRE, hereby verifies that he is Attorney for 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 Frank L. Bretz, Jr. Or occupants, is over 18 years of age, and resides at 228 State Street, West Fairview, PA 17025 . This statement is made subject to the penalties of 18 PA. C.S.S 4904 relating to unsworn falsification to authorities. ii,' "F as s' Hallinan, Es~aire t~rney for Plaintiff PRAECIPE FOR WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland Wells Fargo Bank Minnesota, N.A., as Trustee for Registered Holders of Option One Mortgage Loan Trust 2001 ~B, Asset-Backed Certificates Series 2001-B VS. Frank L. Bretz, Jr. Or Occupants 228 State Street West Fairview, PA 17025 COURT OF COMMON PLEAS CWIL DIVISION No. 2004-3069-Civil Cumberland County PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue Writ o£Possession in the above matter for possession of: 228 State Street, West Fairview, PA 17025 **PLEASE SEE THE ATTACHED LEGAL DESCRIPTION*** Being Known as No. 228 State Street nan, Esqu~e intiff WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) WELLS FARGO BANK MIN~ESOTA, N.A., AS TRUSTEE FOR REGISTEF, BD HOLDERS OF OPTICN ONE MORTGAGE LOAN TRUST 2001-B, ASSET-'BACKED CERTIFICATES SERIES 2001- VS. FRANK L. BRETZ, JR., OR OCCUPANTS No. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-3069 CIVIL . Term Term Costs Att'y. $ 118,60 Pl'ff (s) $ Prothy. $ 1,00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Ct.lqB~ County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: WELLS FARGO BANK MINNESOTA, N.A., AS TRUST~:~'. FOR REGISTERED HOLDERS OF OPTION ONE MORTGAGE LOAN TRUST 2001-B, ASSET-BACKED CERTIFICATES SERIES 2001-B Plaintiff (s) being: (Premises as follows): 228 STATE STRk~r WEST FAIRVIEW, PA 17025 PLEASE SEE THE ATTAC~ED LEGAL DESCRIPTION (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell his/her (or their) interest therein. Da~3GUST 18, 2004 (SEAL) Prothonotary, Common Pleas Court of Cumberland County, Pennsylwania virtue of this writ, on the __ __ day of I caus,~, the within named have possession of the premises described with the appurtenances, and _, to Sworn and subscribed to before mc this day of So Answers, Sheriff By__ Prothonotary D,~,,,-,, ALL THAT CF. RTAIN piecc or ~ of land sh~te in the Boto~ of Wot Fs~.8.~., C~mbe~l,~d Coty, Penxlsylvani~ mo~e l~'ti~,l~ly boundmt stat descxib~l ss follows: BEGII~NING at a point on the South side of $~te 51rcct, ~ thc par~lion lln= of Nos. 728 and 2~ State Sight; theuc~ South thirty-four (34) d~l~recs East tluu tl~ ecnter line of partition of No. 22~ ~ 230 S~= 5U~.e~ ~dso ~ the ceat~r f~'t to a pol~ ~e~c~ South ~ (3) ~r~s F~ (15) ~;-_~s W~t. ~ ~ (13) f~et to · poiut; d~mce ~h ~-stx (1~ ~ W~ ~ ~e ~ of a ~S~ ~ ~ (1 I) f~ ~ a ~ ~ N~ ~-~ (8~ de~ F~ (15) miq~ ~, ~ (1~) ~ W~ ~W~ O2~) f~ to a ~t ~ ~ ~ 1~ o~ S~ S~ No~ F~ (58) ~ ~ (30) ~ W~t ~ BEING a porfioc, of Lots 6 and 7 in Mays Addition ~o the BomuF, h of Weat Fairview, Cumberland County, P ~,-~-~-yl_ vania, and having thereon ereoted a two story flame dwel~inll house and t'2) frame garages, k~oWn a~ number 228 Sure ri' BF..I~IG ~ aan~ premises vaklch l',lath,,~ R Brc~ widower, by deed dated May Sth, 19gS m~i ~ in ~h; Cum ~bcda~ cl Couaiy l~eord~ o~ Deeds ofr~ on May 13, 10SS in Book I-3~ at pa~e 451, ~ and coaveycd unto Frank L Br~z end N. l>~t~ B~-tz, ss joint ~-~ with the P~SF.S BEING: 228 STATE STI~ET WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) WELLS FARGO BANK MINNESOTA, N.A., AS TRUS'~?-a~ FOR REGISTERED HOLDERS OF OPTICN ONE MORTGAGE LOAN TRUST 2001-B, ASSET-'BACKED CERTIFICATES SERIES 2001-B vS. FRANK L. BRETZ, JR., OR OCCUPANTS No. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-3069 CIVIL Term Term Costs Att'y. $ 118.60 PI' ff (s) $ Prothy. $ 1.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of CtMIBERrAND County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: WELLS FARGO BANK MINNESOTA, N.A., AS TRU$'r~51~ FOR REGISTERED HOLDERS OF OPTION ONE MORTGAGE LOAN TRUST 2001-B, ASB~r-BACKED CERTIFICATES SERIES 2001-B Plaintiff (s) being: (Premises as follows): 228 STATE STREET WEST FAIRVIEW, PA 17025 PLEASE SEE THE ATTACHED LEGAL DESCRIPTION (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell his/her (or their) interest therein. Da~3GUST 18, 2004 (SEAL) CURTIS R. laON~ Pm(honorary, Common Pleas Court of Cumberland County, Pennsylvania ~y virtue of this wril, on the day of m m I caus,~ tile within named , to have possession of the premises described with the appurteuances, and ' 2 .... ~ '~' ET ~ 9:': STAYED 9/2/04 AS PER ATTY. Sheriff's Return: Advance Costs: 150.00 Docketing $ 18.00 Sheriff's Costs: Proth i = O0 Milage il,8~ Refunded to Atty 9/3/04 Mu r chang e ~.2 0 ~ ~0 Levy ;-'.-, Sworn and~ubscribed io'b~'fOre the this day of~ '~,ii ) Prothonotary So Answers. FEDERMAN AND pHELAN, LLP By: Frank Federman, Esquire I.D. No. 12248 Lawrence T. Phelan, Esquire I.D. No. 32227 Francis S. Hallinan, Esquire I.D. No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff WELLS FARGO BANK MINNESOTA, N.A., AS TRUSTEE FOR REGISTERED HOLDERS OF OPTION ONE MORTGAGE LOAN TRUST 2001-B, ASSET-BACKED CERTIFICATES SERIES 2001-B Plaintiff VSo FRANK L. BRETZ, JR. OR OCCUPANTS Defendant(s) Court of Common Pleas CUIVIBERLAND County No. 2004-3069-CIVIL PRAECIPE TO WITHDRAW COMPLAINT, W-.~CE z AND DISCONTINUE AND ENiD TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this case discontinued and ended, upon payment of your costs only. ,ederman, E'sqmre Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Attorneys for Plaintiff