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HomeMy WebLinkAbout01-2053 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 ~ 15) 563-7000 COURT OF COMMON PLEAS CIVIL DIVISION WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. 5024 PARKWAY PLAZA BOULEVARD CHA~OTTE, NC 28217 TERM Plaintiff ROBERT A. BARRICK, JR. CUMBERLAND COUNTY CHERLY BARRICK 1901 DOUGLAS DRIVE CARLISLE, PA 17013 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 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 TI-lIS 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 #: 1165794 1. Plaintiff is WELLS FARGO HOME MORTGAGE, INC F/K/A NORWEST MORTGAGE, INC. " · 5024 PARKWAY PLAZA BOULEVARD CHARLOTTE, NC 28217 .: 2. The name(s) and last known address(es) of the Defendant(s) are: ROBERT A. BARRICK, JR. CHERLY BARRICK 1901 DOUGLAS DRIVE CARLISLE, PA 17013 " who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 6/10/93 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FIRST ADVANCE MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1142, Page 103. By Assignment of Mortgage recorded 12/1/93 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 460, Page 365. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." 6. The following amounts are due on the mortgage: Principal Balance Interest $83,107.48 9/1/00 through 4/1/01 3,934.1 l (Per Diem $18.47) Attorney's Fees Cumulative Late Charges 4,000.00 6/10/93 to 4/1/01 661.63 Cost of Suit and Title Search Subtotal 750.00 $92,453.22 Escrow Credit Deficit 204.76 Subtotal 65 204.76~) TOTAL $92,248.46 7. 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. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. § 1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 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, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in re___~m Judgment against the Defendant(s) in the sum of $92,248.46, together with interest from 4/1/01 at the rate of$18.47 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 Wells Fargo Home Mortgage, Inc. P.O. Box 1225 ' Charlotte. NC 28201-1225 February 5, 2001 ~ ~65794 /000256/472Act9 ? Robert A. Barrick, Jr. 1901 Douglas Dr. Carlisle PA 17013 RE: Wells Fargo I lome Mortgage, Inc. Loan Number 1165794 Mortgagor(s): Robcrt A. Barrick, Jr. Cheryl A. Barrick Mortgaged Premises: 1901 Douglas Dr. Carlisle, PA 17013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mo a~ur home is in default and the lender 'ntends to The HOMEOWNER'.~ MORTGAGE ASSISTANCE ~Ap__D_._~_~Lbe able to works, help-L0' To see if HE.M_A_P__c~an hel ou must MEET WITH A C~ONSUMER CREDIT COU~'S'~-~I~ AGENCY WITHIN 3~~F~GATE OF THIS N~. Take this Notice Theiname, address and ~ number of Consumer Credit Cou.nseliL~ encies ~ C~ vania Hous ~ 780-1869}. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency. may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICAClON EN ADJUNTO ES DE SUMA IMPORTANClA, PULS AFECTA SU DERECHO A CONTINUAR VIVIENDO' EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS Al. NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAlViA LLAMADO "HOMEOWNER'S E/VlERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA I~ERDil)A DEL DERECHO A REDIMIR SU HIPOTECA. EXHIBJTA Wells Fargo l-lome Mortgage, Inc. P.O. Box 1225 Charlotte. NC 28201-1225 ----'- February 5, 2001 ~ '65794 /O00257/472Act9 ~ Cheryl A. Barrick 1901 Douglas Dr. Carlisle PA 17013 RE: Wells Fargo I lome Mortgage, Inc. Loan Number 1165794 Mortgagor(s): Robert A. Barrick, Jr. Cheryl A. Barrick Mortgaged Premises: 1901 Douglas Dr. Carlisle, PA 17013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort~our home is in default, and the lender intends to foreclose. ~ information about the nature__of the def~rovided in the attached a es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM IHEMAP m~_.~ be able to help__~ save your home. This Notice explains how the program works. T_9_o see if HEMAP can helE,_you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency_. The name~_address and phone number of Consumer Credit Counselin_g_~gencies serving2_q~ Coun~listed at the end of this Notice. If ou have an uestions ou ma call the Pennsylvania Housing Finance A~ toll free at 1-800-342-2397. J_~rsons with ima~ hearing can call------ (71 7) 780-1869I. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency, may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO' EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYI.VANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIoNADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "H()ME()WNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDll)A DEL DER. ECHO A REDIMIR SU HIPOTECA' EXHIBJTA HOMEOWNER'S NAME{S): Robert A, Barrick, _Ir. Cheryl A, Barrick PROPERTY ADDRESS: 1901 Douelas Dr. Carlisle, PT~ 17013 I~OAN ACCT. NO.: 1165794 ORIGINAL LENDER: CURRENT LENDER/SERVICER: WELLS FARGO HOME MORTGAGE, INC. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCD, L ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: · IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. · IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE,-- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage, for thirty (_a,,0) days from the date of this Notice. During thitt time you must arrangc and attcnc~ a 'facc-to-facc mcc~ing with onc of thc consumcr crcdit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT {.3()} DAYS. IF Y()U D() N()T APPLY FOR EMER(;EN(:Y M()RT(;A(;E ASSISTAN(:E, Y()U MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "H()W T() (:URE YOUR M()RT(;A(;E DEFAULT", EXPLAINS H()W TO BRIN(} Y()UR MORTGAGE UP TO DATE. CONSUMER CREDIT I~OUNbELING AGENCIES -- Ifyou meet with one of the consumer credit counseling aeencies listed at the end of this notice, the lender mav NOT take action against you for thirty' (30') days after the date of this meeting. The names, a~dresses and telephone numbers of designated con'sumer credit counseling agencies for the county in which the property is locateurare set forth at the end of this Notice. It is only necessary to schedule one'f'ace'-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mQrtgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve tt~is problem with the lender, you have tl'ie right to apt~ly for financial assistance from the Homeowner's Emergency Mortgage Assistance P~-b.eram. To do so, you must fill out, sign and file a completed Homeowner'sEmereencv Ass~stance Program Application with one of the designated consumer credit counseli~2 a~encies listed at the en[{ of this Notice. Only coI~sumer credx'i counseling agencies have applic']ti~ns for the ro ram and thev will assist ou in submittino a corn lete a Ii- ati n ' p g · . ' y _ ~., ~ p pp c o to thePennsvlvan~a Housing Finance Agency;. Your application MUST be filed or postmarked within thirt~ (30) days of your'face-to-face meriting. ' ' YOU Mi.IS_T FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER. FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIA'I'ELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. EXHIBIT^ 000256/472 AGENCY ACTION-- Available funds for emergency mort~:age assistance are very limited. They will be disbursed by the Agency under the eligibility criteria esta'bl~shed by the Act. Tlie Penn.sylvani~i Housing Finance Agency l~as sixty (60) days to make a decision after it receives our a l~cation During that time,_no foreclosure ~roceedines will be -ursued a,,ain~ ..... :a ,,--~'- [ .... -PP- -,-- -- ' ' ' . o . . 1" ~..yvu Il ~bl IlitV~' lIl<'~ [fle tlme reqmrements set forth above. You w~ll be nonfied directly by t~e I ennsylvania Housin Finance Agency of its decision on your application, g NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NATURE OF THE DEFAULT - - The MORTGAGE debt held by the above lender on your propertv located at: . · ' '7 IS SERIOUS~because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: · - 9 . v~/ ~ Other char~ Late Char_qLg~ $59,5.49 TOTAL AMOUNT PAST DUE: $4,219.70 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION .. HOW TO CURE THE DEFAULT-- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO TH , , . IS 4,219.70 , · - - . E LENDER ~HICH $ , PLUS ANY MORTGAGE PA~ MENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (301 DAY PERIOD. Payments must be made either by cash, cashier'~ check~ certified check or illO~1e), order made payable ~nd sent to: - WELLS FARGO HOME MORTGAGE, INC. 1 HOME CAMPUS X2501-01H DES MOINES, IOWA 50328 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: IF YOU DO NOT C~E DEFAULT-- If you do not cure the defauit~THIRTY 30~ DAYS 'b'f the date of this Notice, the lender intend~ to exercise its ri hts to accelerate the mortoar, e deUt.'This means that the entire outstana~ng ~a!ance ot.t. his lose the chance to pay the mortgage in monthly_ installments. If full payment duc is not made w~thin THIRTY [30) DAYS, thc lcndcr also intcnds to instruct its attorncys to st~irt legal action to foreclose upon your mortgaged nronertv. IF THE MORTGAGE IS FORECLOSED UPQN - - The mortgaged property will be sold b ' the Sheriff ,to,pa), qff t. he .mo.rtgage debt. If the lender refers vour case to ~ts attorno,,~ ~,,, ........... t-..Y.:~: ........ p.e.r~o_r_e~h,..e ?__nd~er begins legal [],roceedings. against'you, you will ktiil be ~'e'c~t'~i~t attorney S ~ees tnat were actually incurred, ut) to $50 00 Howovor if Ioo.1~ ....... -'~:-' ....... ~ - - · - ....... · ., . - ..-, .... e,.,t, p~u~.ceu~ngs are starteu against you.you xv~ nave to pay a, II reasonable attorney s fees actually ificurred by tl~e lender even if ttiey exdeed'550.00. Any attorni:v s fees will be added tb the amount you owe the lender, which may also include other reasonable cost~s. If you cure the default within the THIRTY 30 DAY erio ~,llnotbere u,redto a a r ' { ) p d Vd " ' q ' · p y tto ney S tees. ' ' ·, OTHER LENDER REMEDIES - - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. EXHIBITA 000256/,472 E DEFAULT PRIOR Tr" SHERIFF' SALE -- If you have not cured the default it,.,h~n,~.., t~e~T~ e be un, ~~h~ehv ~ti y naa never aetaulted, e ' -- [ IS estlma _: ~ ~ ..... · f~f}~e p~ortgaged pr?er~ could be held o ted that ~e ea,l~cs~ date that such a ~'~e~a~f~~~Ce. A ~otice,o th( actual date of t~e ~~f~~.~?ly s,x (6)months from ~c, me amount ~ ~,,,~ ~k~ ~,~..~ .... :,,. o~c Wl~ oe sent to 55ou before the ' neeae~ t ..... ,,,~ ~c,~u,~ w~ ~ncrease the longer you walt. You may find out at any time exactly what the required payment or action will be by contacting the lender. . Name of Lender: Wells Fargo Home, Mort~aue, Ad.ess: 5024 Parkway Plaza BIv~ Charlone, NC 28217 Phone Number: ~-800-766-0987 Fax Number: 704-423-4016 Conta~ Person: Tanisha Robinson ' y ~-- ou should realize the mort a ed ro er ' thata Sheriffs Sal -' a lawsuit to remove "ou --~ - . · .... ue to ,,,'c ~, the property after the the lender at hny time. y uno your rurn~smngs and other belongings couM be started by "~t3~ r~ ~~~~~ ~~~ ~~~ not sell or transfer your home to ' that all the outstanding payments, ~]~ ~~ and that the other requirements YOU MAY ALSO HAVE THE RIGHT: · TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. · TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. ° TO HAVE THE MORTGAGE RESTORED TO TI-tE SAME POSITION AS IF NO DEFAULT HAD OCCURREDz IF YOU CURE .T..H.E._ _DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RI(;HT T() (,LIRE Y()UR DEI~AULT M()RE THAN THREE TIMES IN ANY CALENDAR YEAR.) · TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. ° TO ASSERT ANY OTHER DEFENSI' YO[/BI-'.I IEVE YO[J' MAY HAVF. TO ACTION BY THE LENDER. ' . ° TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW'. . t-ttt t'tA APPENDIX C ~ PENNSYLVANIA ,HOUSING FINANCE AGENCY ---- HOMEOWNER'S Ek4~nr' .... · -,.;ENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY CCCS of Western ~onanc~ylvania, Inc. 2000 Linglestown Financial Counseling Services of Franklin Harrisburg, PA 17102 31 West 3rd Street (717) 541-1757 Waynesboro, PA 17268 FAX# (7'17) 54 '1-4670 (717) 762-328.5 Urban League of Metropolitan Harrisburg N. 6th Street YWCA of Carlisle Harrisburg, PA 17101 301 G Street (717) 234-5925 Carlisle, PA 17013 FAX# (717) 234-9459 (717)243-3818 FAX# (717) 731-9589 Community Action Commission of the Capital Region 1.514 Derr); Street Adams County, Housing Authority Harrisburg, PA 17'104 139-143 Carlisle St. (717) 232-9757 Gettvsburg, PA 17325 FAX# (717) 234-2227 (/17) 334-1518 FAX (717) ~ ' 034-8026 The Pennsylvania Housing Finance Agency can be reached TOLl. FREt:. at I (800) 34'2-2397. EXHIBITA ALL that certain tract of land with the improvements thereon erected, situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows= BEGINNING at a poinu on ~h~ ~astern line of Douglas Drive and at the NOrthern line of Chester Road as shown on the hereinafter mentioned plan of lots; thence by the latter North 85 degrees East 150 feet to a point at line of Lot No. 1, Block "B', on said plan; thence by said Lot No. 1; Block "B", and Lot No. 2, Slock ' S' North 05 degrees West 100 feet to a point of Lot No. 29, Bloc~ "B"; thence by the same, South 85 d~grees west 150 feet to a poinu on the Eastern line of Douglas Drive; thence by the same, South 05 degrees East 100 feet %o the Northern line of Chester Road and the Place of BEGINNING. BEING Lots Nos. 30 and 31 on Plan No. 1, Block ..B~, of Noll Manor as recorded in =he Office of the Recorder of Deeds in Plan Book 11, Page 51. BEING improved thereon with a dwelling house known and numbered as 1901 Douglas Drive, Carlisle. VERIFICATION T~ JOHNSON aereby states that he is ASSISTANT VICE PRESIDENT of WELLS FARGO HOME MORTGAGE, INC. mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his 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. T~ JOHNSON DATE: ~ ASST. VICE PRESIDENT SHERIFF'S RETURN - REGULAR CASE NO- 2001-02053 p COMMONWEALTH OF PENNSYLVANIA. COUNTY OF CUMBERLAND WELLS FARGO HOME MORTGAGE INC VS BARRICK ROBERT A JR ET AL KENNETH E. GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BARRICK ROBERT A JR the DEFENDANT , at 1630.00 HOURS, on the 20t_____h day of April , 2001 at 1901 DOUGLAS DRIVE ~ CARLISLE, PA 17013 by handing to CHERYL BARRICK WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing He_~r attention to the contents thereof. Sheriff,s Costs- So Answers. Docketing 18.00 Service 3.10 Affidavit .00 Surcharge 10 00 R. Thomas Kline .00 31.10 04/23/2001 FEDERMAN & PHELAN Sworn and Subscribed to before By- me this ~~'~.~ day of /':"" 1~/ ~'OO/~ A.D. ~ SHERIFF'S RETURN - REGULAR CASE NO' 2001-02053 p COMMONWEALTH OF PENNSYLVANIA. COUNTY OF CUMBERLAND WELLS FARGO HOME MORTGAGE INC VS BARRICK ROBERT A JR ET AL KENNETH E. GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who bein~ duly sworn accordin~ to law, says, the within COMPLAINT - MORT FORE was served upon BARRICK CHERLY the DEFENDANT , at 1630-00 HOURS, on the 20t_____h day of April , 2001 at 1901 DOUGLAS DRIVE ~ CARLISLE, PA 17013 by handin~ to CHERYL BARRICK a true and attested copy of COMPLAINT - MORT FORE to~ether with and at the same time directin~ He~r attention to the contents thereof. Sheriff,s Costs- So Answers. Docketin9 6.00 Service .00 ~~ Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 04/23/2001 FEDERMAN & PHE~ Sworn and Subscribed to before By. me this ~~.~/~ day of~.D. FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff WELLS FARGO HOME MORTGAGE, · CUMBERLAND COUNTY INC., F/I~A NORWEST MORTGAGE, · INC. · COURT OF COMMON PLEAS 5024 PARKIVAY PLAZA BOULEVARD · CHARLOTTE, NC · CIVIL DIVISION Plaintiff · · NO. 01-2053 CIVIL TERM VS. ROBERT A. BARRICK, JR. · CHERLY BARRICK . 1901 DOUGLAS DRIVE · CARLISLE, PA 17013 · Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiff and against ROBERT A. BARRICI~JR. and CHERI,Y BARRICK, Defendant(s), for failure to file an Answer to Plaintiffs Complaint within 20 days fi'om service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows' As set forth in Complaint $92,248.46 Interest 4/1/01 TO 6/25/01 $1,588.42 TOTAL $93,229.27 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. ~E:~ DATE: J~,~__ ~'~.,. ,D_.~' ~/~'~ '~-'~. . 'RO vao nY **THIS FIRM IS A DEBT COLLECTOR ATI'EMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR TItAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCItARGE IN BANKRUPTCY AND TItIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SItOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** -, FEDERMAN AND PHELAN, L.L.P. Frank Federman, Esquire Identification No. 12248 ATTORNEY FOR PLAINTIFF One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 WELLS FARGO HOME MORTGAGE, · COURT OF COMMON PLEAS INC., F/K/A NORWEST MORTGAGE, INC. : CIVIL DIVISION : CUMBERLAND COUNTY VS. ROBERT A. BARRICK, JR. · NO 01-2053 CHERLY BARRICK ' Defendant(s) TO: ROBERT A. BARRICK, JR. FILE COP CARLISLE, PA 17013 DATE OF NOTICE: _JUNE 14,2001 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. IMPORTANT NOTICm 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 ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at ATTORNEY FOR PLAINTIFF Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 WELLS ~ FARGO HOME MORTGAGE, ' COURT OF COMMON PLEAS INC., F/K/A NORWEST MORTGAGE INC. , Plaintiff ' CIVIL DIVISION VS. · CUMBERLAND COUNTY ROBERT A. BARRICK, JR. CHERLY BARR I CK · NO. 01 - 2 053 Defendant TO: C}{ERLY BARRICK 1901 DOUGLAS DRIVE FILE COP . DAT~ O~ NOTICE: JUNE ~4 200~ TH/S FIRM IS A DEBT COLLEC THIS NOTICE IS ~, _ TOR ATTEMPTING S~,T TO YOU IN AN ATTEMPT TO COLLECT A DEBT. INDEBTEDNESS REFERRED TO H TO COLLECT THE FROM YOU WILL __ EREIN, AND ANY INFORMATION OBTAINED PREVIOUSLY BE USED FuR THAT PURPOSE. IF YOU HAVE 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 in default be apPearance Derso~=~ ~ .... cause you have F=~ ~_~ . Court vo ~~__ y or_ Dy attorne . _ enter a wrltte ..... ± _ur ~=~nses or ~ .... Y and fll~ i~ .... ~: _ n ~uu. Unless ,,~ ..... ~3~c~lons to th~ -~-: ~ ~zmumng with the notice = ~ .... ~~ ~uu within ten ~~ -~ = ~'m~ms set for ~ ~--- - _ ~ , ~ uuugment ~=~. ~_ . ~u/ uays fro~ *~ .... t,, ~~ns~ an~ YOu ~=~. ~__ ,,,~ u~ enuered a ' __ '" ~_= ua~e of t~h~s = ,,,=~ =ose your property o~ ~?~a_lns.t you without a he~ should take this notice to a 1 ~~g = ~ uuner important rights. - awyer 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 CUMBE~AND COUNTY BAR ASSOC/ATION 2 L/BERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 ~000 ------------- Attorney for Plaintiff WELLS FARGO I-IO~ MORTGAGE, INC., F/K/A NORWEST MORTGAGE, ' CUMBERLAND COUNTY INC. · · Court of Common Pleas Plaintiff · CIVIL DIVISION VS. 'NO. 01-2053 CIVIL TERM ROBERT A. BARR/CK,~ ' CHERLY BARRiCK · Defendant(s) 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 States or its Allies, ,Naval Servic, e of the United or otherwise within the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1940, as amended (b) that defendant ROBERT A. BARRICK,~ is over 18 years of age and resides at 1901 DOUGLAS DRIVE, CARLISLE, PA 17013. (c) that defendant CI-IE~y BARRICK is over 18 years of age, and resides at 1901 DOUGLAS DRIVE, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN Attorney for Plaintiff (Rule of Civil Procedure No. 236 -- Revised) WELLS FARGO HOME MORTGAGE, ' CUMBERL~D /NC., F/~A NORWEST MORTGAGE, . COUNTY /NC. · Court of Common Pleas Plaintiff · CIV/L DIV/SION ¥$o · 'NO. 01-2053 CIVIL TERM ROBERT A. BARRIcK, JR. ' CHERL Y BARRICK · Defendant(s) ' .. Notice is given that a Judgment in the ~--.~-.~7,.~_~.~~_. above captioned matter has been entered against you on ·  ~--~~~'~EPUTY If you have any questions concerning this matter, p/ease contact: Attorney for Filing Party One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 **THIs F/RM IS A DEBT COLLECTOR ATTEMPT/NG TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREV/OUSLY RECEIVED A DISCHARGE/N 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 L/EN AGA/~ST PROPERTY. ** 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, · No. 01-2053 CIVIL TERM ROBERT A. BARRICK, JR. ' CHERYL BARRICK ' Defendant(s). ' TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $93,229.27 v~ Interest fi'om 6/25/01 to 3/6/02 (per diem-15.33) $3,893.82 and Costs TOTAL $97,123.09 FRANK FEDERMAN, ESQU/RE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in Middleton Township, Cumberland County, Pennsylvania, bounded and described as tbllows' BEGINNING at a point on the Eastern line of Douulas Drive and at the Northern line of Chester Road as shown on the hereinafter mentioned plan o~ lots; thence by the latter North 85 degrees East 150 feet to a point at line of Lot No. 1, Block "B", on said plan; thence by said Lot No. 1; Block "B", and Lot No. 2, Block "B", North 05 degrees West 100 feet to a point of Lot No. 29, Block'" "B"; thence by the same, South 85 degrees west 150 feet to a point on the Eastern line of Douglas Drive; thence by the same. South 05 degrees East 100 feet to the Northern line of Chester Road and the Place of BEGINNING. BEING Lots Nos. 30 and 31. on Plan No. 1, Block "B", of Noll Manor as recorded in the Office of the Recorder of Deeds in Plan Book 11 Page 51 -- BEING improved thereon with a dwelling house known and numbered as 1901 Douglas Drive, Carlisle. · TAX PARCEL #29-16-1094-127. TITLE TO SAID PRFMISES IS VESTED IN Robert A. Barrick and Cheryl A. Barrick, his wife by Deed from Toby L. Kutz, Single Person ~ted 6/10/93 and recorded 6/lk/93 in Record Book I36 Page 538. ( e-.~ UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA · Robert A. Barrick · Bk. No. 7 Cheryl A. Barrick · Debtor(s) · Chapter No. 01-04248 RJW Well~ Fargo Itome Mortgage, INC. F/K/A Norwe~t · Mortgage, INC. · Movant · 11 U.$.C. §362 Robert A. Barrick · Cheryl A. Barrick · and · Markian R. Slobodian, Esquire (Trnstee) · Re~pondent(~) ~_~,.~ ORDER,, ',~~ AND NOW, this day of 0 (~' ,2001, upon consideration of the Motion for Relief and Motion for Default of Movant, Wells Fargo Home Mortgage, INC. F/K/A Norwest Mortgage, INC., it is hereby ORDERED that the Order for Relief be entered by default with respect to premises at 1901 Douglas Drive, Carlisle, PA 17013, to allow the Movant. to foreclose on its mortgage, which mortgage was recorded in Harrisburg County, in Mortgage Book 1142, Page 103, and allow the purchase of said premises at Sheriff's sale (or purchaser's assignee) to take any legal action for enforcement of its fight to possession of said premises. By the Court' 18/Robert J. Wo0dside Robert J. Woodside, Bankruptcy Judge cc: Judith T. Romano, Esquire Robert A. Barrick One Penn Center at Suburban Station Cheryl A. Barrick 1617 John F. Kennedy Blvd., Suite 1400 121 East Louther Street Rear Philadelphia, PA 19103-1814 Carlisle, PA 17013 Jacqueline M. Verney, Esquire Markian R. Slobodian, Esquire (Trustee) 44 S. Hanover St. 801 N. Second Street P.O. Box 11967 Carlisle, PA 17013 Harrisburg, PA 17108-1.967 WELLS FARGO HOME MORTGAGE, INC., · F/K/A NORWEST MORTGAGE, INC. ' CUMBEreD COUNTY Plaintiff, · COURT OF COMMON PLEAS V. · CIVIL DIVISION ROBERT A. BARRICK, JR. . CHERYL BARRICK ' NO. 01-2053 CIVIL TERM Defendant(s). . AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) , 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 1. Name and address of Owner(s) or reputed Owner(s). Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ROBERT A. BARRICK, JR. 1901 DOUGLAS DRIVE CARLISLE, PA 17013 CHERYL BARRICK 1901 DOUGLAS DRIVE CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: ROBERT A. BARRICK, JR. 1901 DOUGLAS DRIVE CARLISLE, PA 17013 CHERYL BARRICK 1901 DOUGLAS DRIVE 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Ad&ess (if ad&ess cannot be reasonably ascertained, please indicate) COMMERCIAL CREDIT CORP. 3401 HARTZDALE DRIVE, STE. 126 CAMP HILL, PA 17011 NORWEST FINANCIAL MARYLAND, 6710 F RITCHIE HWY. INC. GLEN BURNIE, MD 21061 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale' Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 1901 DOUGLAS DRIVE CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania PO Box 2675 Department of Welfare Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. December 5, 2001 ~_~ ~~ DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN and PHELAN By' FRANK FEDERMAN Identification No. 12248 Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 WELLS FARGO HOME MORTGAGE, INC., F/K/A · NORWEST MORTGAGE, INC. ' CUMBERLAND COUNTY : COURT OF COMMON PLEAS Plaintiff, : V. : CIVIL DIVISION ROBERT A. BARRICK, JR. CHERYL BARRICK : NO. 01-2053 CIVIL TERM Defendant(s). : _CCERTIFICATION . F _RANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the aoove-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 HOME MORTGAGE, INC., ' CUMBERLAND COUNTY F/K/A NORWEST MORTGAGE, INC. . Plaintiff, v. ' No. 01-2053 CIVIL TERM ROBERT A. BARRICK, JR. ' CHERYL BARRICK ' Defendant(s). December 5, 2001 TO' ROBERT A. BARRICK, JR. CHERYL BARRICK 1901 DOUGLAS DRIVE 1901 DOUGLAS DRIVE CARLISLE, PA 17013 CARLISLE, PA 17013 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLy RECEIVED A DISCHARGE IN BANKR UPTCY 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 is scheduled to be sold at the Sheriffs Sale on MARCH 6~ 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to en~'orce the court judgment of 93 WELLS FARGO HOME MORTGAGE. INC. FIt',- ,-,-'- ........ ~ obtained by (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the JUNE 5, 2002 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS To prevent this Sheriff's Sale, you must take immediate action. 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000_ 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your 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.) 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) 563-700~. 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 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 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. CUMBERL~D 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 with the improvements thereon erected, situate in North.,,/'- Middleton Township. Cumberland County, Permsylvania, bounded and described as follows. BEGINNING ar a point on the Eastern line of Dou..*las Drive and ar the Northern line of Chester Road as shown on the hereinafter mentioned plan o¢ lots' thence by' the latter North 85 degrees East 150 feet to a point ar line of Lot No. 1, Block "B", on said plan. thence by' said Lot No. 1' "B", and Lot No. 2, Block "B", North 05 degrees West 100 feet rd a point of Lot No. 29, Block'" "B"' thence by the same. South 85 degrees west 150 feet to a point on the Eastern line of Douzlas Drive; thence by the same. South 05 degrees East I00 feet rd the Northern line of Chester Road and r. he Place of BEGINNING. BEING Lots Nos. 30 and 3 l on Plan No. 1, Block "B", of Noll Manor as recorded in r. he Office of the Recorder of Deeds in Plan Book 11, Page 51. BEING improved r. hereon with a dwelling house known and numbered as 190! Douglas Drive. Carlisle. T&X PARCEL g29-16-1094-127. Robert A. Barrick and Cheryl A Barrick, kis wife by Deed from Toby L. Kutz, Single Person dared 6/"10/93 and recorded 6/1~/93 in Record Book Page 538. ' FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, ATTORNEy FOR PLAINTIFF SUITE 1400 PHILADELPHIA, PA 19103-1814 ~ COURT OF COMMON PLEAS ~~ CIVIL D/V/S/ON WELLS FARGO HOME MORTGAGE,/NC., F//G'A NORWEST MORTGAGE, INC. CUMBERLAND COUNTY vs. No.: 01-2053 C1V/L TERM ROBERT A. BARR/CK, JR. CHERYL BARR/CK AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE FRANK FEDERMAN, ESQU/RE, Attorney for Plaintiff, hereby certifies that service of the Notice of Sher/ffs Sale was made by sending a true and correct copy by certified mail to Defendant, CHERYL BARR/CK at 1901 DOUGLAS DRIVE, CARLISLE, PA 17013, which notice of Sheriffs Sale was received by Defendant, CHERYL BARR/CK on DECEMBER 11, 2001 as evidenced by the attached return receipt. The undersigned understands that th/s statement is made subject to the penalties of 18 PA C.S. s 4904 relating to unswom falsification to author/ties. Date:/~aaher. Z7~?.0~ , ESQUIRE 2. Article Number · 71~ 3~ ~l~q {~=~ I~"~'~ D. Is delivery different from item 17 I~ Yes If YES, enter delivery address below: ['-] No ' 3. Service Type CERTIRED MAIL , L 4. Restricted Delivery? (Extra Fee) ? Yes 1. Article Addressed to: , CHERYL BARRICK ~" 1901 DOUGLAS DRIVE .. CARLISLE, PA 17013 , , : SALES (1165794) JPG · ~ . i PS Form 3811, July 2001 Domestic Retum Receipt PLAINTIFF AFFIDAVIT OF SERVICE r~qf.$g~~. COUNTY C-_~umberlan~d ACCT. DEFENDANT Robert A. Barrick Jr. COURT NO.: 01-2053 Civil Term C__~heryl Barric~ SERVE Robert A. Barrick, Jr. AT: 121 E Louther Street Carlisle PA 17013 ~T~YP..E .OF ACTION ~ Notice of Sheriff's Sale SALE DATE: March 6~ 2002 _ t ~'. /.o~4t-~.~.e c, - _' ' ,Defendant, on ~- - ~,. Coramonwealth of- .... the.~, day of '-- v ~u,auy served e' ~ o ~:.. ~_ ~-~nnsy~vania in ~ ......... ~, --,,,,_~ at/fJ~g, o'clock/~. M., · ~--,--,, ~ , ~ .~ , ~',,- ,,~nner aescribed below: .~ Adult family member with whom Defendant(s) eside(s) · . . · ~,iAdult m charge of e~na Manager/Clerk s~dence who refused to giv me or relationsh/p. '-- of place of lodging in which Defendant(s) reside(s). _._ Agent or person in charge of Defendant's office or usual place of business. ~ Oth--'-er: __ ._ an officer of said Defendant's company. · Description: Age ~ Height ~' ~' We ' I, ~ alt¢luct - -' -- ------- ~ '" ~' ~ex F 0*~-~-- c:la~.~ ~ _ ' ., ......... · --~ ~u~ a~mt, 0crag duly sworn accordin~ correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued/n the captioned case on the date and at thc address ind/cated above. ~, to ,,,, ucpose aha state that I personally handed a true and Sworn to a~d subscribed before me Notary: On the NOT SERVED -._ ~ day of~, 200__, at~_ o'clock_... . Other-Moved __ Unknown _._ No Answer __ Vacant Sworn to and subscribed before m this ~ day o f~, Notary: By: · Penn Center at Suburban Station 161 ? Joh~ F Kenn_edy Bird $ PhiladelDh'~i: pa ~a,a .... 7 uite 1400 SALE DATE' MARCH 6, 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. No.' 01-2053 CIVIL TERM VS. ROBERT A. BARRICK, JR. CHERYL BARRICK AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE. Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1901 DOUGLAS DRIVE, CARLISLE, PA 17013. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Supplemental Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. F 2 ~RMRANK FEDE ~,E~S iRE Attorney for Plaintiff February 25, 2002 WELLS FARGO HOME MORTGAGE, INC., · F/K/A NORWEST MORTGAGE, INC. ' CUMBERLAND COUNTY · Plaintiff, ' COURT OF COMMON PLEAS ¥o ROBERT A. BARRICK, JR. · CIVIL DIVISION CHERYL BARRICK ' · NO. 01-2053 CIVIL TERM Defendant(s). . AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) .~ME MORTGAGE INC. F/K/A NORWEST MORTGAGE, INC., Plaintiff in the above actio he Praecipe for the Writ of' Execution was filed the following information concerning the real property located at 1. Name and address of Owner(s) or reputed Owner(s). Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ROBERT A. BARRICK, JR. 1901 DOUGLAS DRIVE CARLISLE, PA 17013 CHERYL BARRICK 1901 DOUGLAS DRIVE CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: ROBERT A. BARRICK, JR. 1901 DOUGLAS DRIVE CARLISLE, PA 17013 CHERYL BARRICK 1901 DOUGLAS DRIVE CARLISLE, PA 17013 3. Name and last known ad&ess of' every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if ad&ess cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: · Last Known Address (if address cannot be Name reasonably ascertained, please indicate) COMMERCIAL CREDIT CORP. 3401 HARTZDALE DRIVE, STE. 126 CAMP HILL, PA 17011 NORWEST FINANCIAL MARYLAND, 6710 F RITCHIE HWY. GLEN BURNIE, MD 21061 INC. 5. Name and address of every other person who has any record lien on the property: Last Known Address (if address cannot be Name 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. Last Known Address (if address cannot be Name reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom thc plaintiff has knowledge who has any interest in the property which may be affected by the sale: Last Known Address (if address cannot be Name reasonably ascertained, please indicate) Tenant/Occupant 1901 DOUGLAS DRIVE CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania PO Box 2675 Department of Welfare Harrisburg, PA 17105 I verify that the statement~ 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 unswom falsification to authorities. ~December 5,200~1 FRANK FEDERMAN, ESQUIRE DATE Attorney for Plaintiff DATE: TO- ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SltERIFF,S SALE OF REAL PROPERTY OWNER(S) ROBERT CHERYL BARRICK PROPERTY: 1901 DOUGLAS DRIVE CARLISLE, PA 17013 Improvements. Residential Property CUMBERLAND COUNTY The above-captioned property is scheduled to be s 20~02, at !0:00 a.m= in Cumberland Coun Courtha,,.,~ e.....~o!? at the Sheriff's Sale on MARCH Carl.o.,~ ~:a. our records indicate that you may hold a mortgage or judgment on the property, which may be extinguished ......... ooum hanover Street. by the sale. You may wish to attend the sale to protect your interests. A schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. LH SALE DATE' MARCH 6, 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. No.: 01-2053 CIVIL TERM vs. .."~:.',~,~?/'JAN AN~ PHELAN $1"f'TOi~i,~y FiLE COPY ROBERT A. BARRICK, JR. PLEASE RETURN c.~v.¥[. ~^~ic~: AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SAI,E Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1901 DOUGLAS DRIVE, CARLISLE, PA 17013. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Supplemental Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Retum Receipt stamped by the U.S. Postal Service is attached for each notice. F .~RA ._~/NK FEDERM ~~X,,~ _.AN, ESQUIRE Attorney for Plaintiff February 25, 2002 ':~.::~:...~":e,~"~,~N AND PREI. AN ..~?"?OFii"4EY FILE COPY PLEASE RETURN WELLS FARGO HOME ·IN THE COURT OF COMMON PLEAS OF MORTGAGE, INC., f/k/a ·CUMBERLAND COUNTY, PENNSYLVANIA NORWEST MORTGAGE, INC. · V. · · C,'v,'Z. ROBERT A. BARRICK, JR. AND ·NO. 2001-2053 ~ TERM CHERYL BARRICK · ORDER OF COURT AND NOW, this 3P'D day of JULY, 2002, the Plaintiff's Petition to Set Aside Sheriff's Sale and Strike Sheriff's Deed shall be argued before the undersigned on MONDAY~ JULY 29~ 2002~ at 11:30 a.m. The parties are directed to file briefs in support of their respective positions on or before July 26, 2002. Edward E. Guido, J. ~'Jenine R. Davey, Esquire One Penn Center at Suburban Station 1617 J.F.K. Blvd. Phila., Pa. 19103-1814 For the Plaintiff ? -3-0 Robert and Cheryl Barrick 1901 Douglas Drive Carlisle, Pa. 17013 ~Sheriff :sld FEDERMAN AND PHELAN, LLP . . ~ ' BY: JENINE R. DAVEY, ESQUIRE · ~ Identification No. 87077 One Penn Center at Suburban Station Suite 1400 1617 J.F.K. Blvd. Philadelphia, PA 19103-1814 Attorney for Plaintiff (215) 563-7000 Wells Fargo Home Mortgage, Inc., f/k/a Norwest Mortgage, Inc. ' Court of Common Pleas 5024 Parkway Plaza Boulevard Charlotte, NC 28217 ' vs. ' Civil Division Robert A. Barrick, Jr. and Cheryl Barrick ' Cumberland County 1901 Douglas Drive Carlisle, PA 17013 ' No. 01-2053 PLEASE BE ADVISED THAT THIS FIRM IS A DEBT COLLECTOR ATTEMTING TO COLLECT A DEBT. ANY INFORMATION RECEIVED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND ·ms ~a~ WAS nO~ m~A~V~~, ~ms com~sPon~nc~ ~s NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATFEMPT TO COLLECT A DEBT, BUT ONLY' ENFORCEMENT OF A LIEN AGAINST THE PROPERTY. Wells Fargo Home Mortgage, Inc., ~a Norwest Mortgage, Inc., by its attorneys, Federman and Phelan, LLP, respectfully requests that this Honorable Court enter an Order Setting Aside the March 6, 2002 Sheriff's Sale of the property located at 1901 Douglas Drive, Carlisle, PA 17013 and Striking the Sheriff's Deed recorded in the Office of the Recorder of Cumber/and County on March 28, 2002, at Book Number 250, Pages 4889-4891 and in support thereof avers as fo/lows- 1. An i__n rem Judgment was entered in favor of Plaintiff in the above-referenced mortgage foreclosure action on June 27, 2001. 2. Consequently, Defendants filed a Chapter 7 Bankruptcy Petition in the Middle District of Pennsylvania (Harrisburg) at Bankruptcy #1-01-04248 on August 1, 2001. A true and correct copy of the bankruptcy petition is hereto attached as Exhibit A. 3. Plaintiff filed a Motion for Relief fri~m t~e Automatic Stay, which ~as granted by the Bankruptcy Court on October 4, 2001. A final decree closing the case was issued on Novembei- 20, 2001. 4. The District Attorney's Office of Cumberland County notified Plaintiff that the mortgaged premises was vacant, and that the premises may have sustained property damage. 5. Plaintiff sent an appraiser to the property to secure the premises and to survey the damages, wherein he discovered a substantial amount of mold and mildew on the basement walls. The appraiser also discovered that the cause of mold and mildew stemmed from the absence of a sump pump in the basement. 6. Plaintiff submitted a claim to Mutual Insurance Company (herein known as "Mutual") to decontaminate the basement, for the removal of objects left on the property, and for repairs to the property for damages caused by the Defendants during the coverage period. Subsequently, Mutual sent Plaintiff a notice stating that the Barricks' Homeowners' insurance policy would terminate on January 5, 2002. 7. A Writ of Execution was issued on December 10, 2001 to enforce the judgment, and the mortgaged premises located at 1901 Douglas Drive, Carlisle, PA 17013, was sold to Plaintiff at the Cumberland County Sheriff's Sale held on March 6, 2002. 8. Thereafter, the Sheriff of Cumberland County executed a Deed to Wells Fargo Home Mortgage, Inc., f/~a Norwest Mortgage, Inc., which was recorded in the Office of the Recorder of Deeds of Cumberland County on March 28, 2'002 at Book Number 250, Pages 4889-4891. A true and correct copy of the Sheriff's Deed is attached hereto as Exhibit B. 9. However, unbeknownst to Plaintiffs counsel, Mutual send a letter to Plaintiff dated February 25, 2002 denying Plaintiff's insurance claim for extensive water damage and neglect of the property. A true and correct copy of the letter from Dale Wagner Insurance Agency is hereto attached as Exhibit C. 10. Plaintiff has determined that the value of the property has been significantly diminished due to the extensive damages that the property has sustained, and Plaintiff will suffer irreparable harm unless the relief requested herein is granted. FEDERMAN A~D PHELAN, LLP · · BY: JENINE R. DAVEY, ESQUIRE ' Identification No. 87077 One Penn Center at Suburban Station Suite 1400 1617 J.F.K. Blvd. Attorney for Plaintiff Philadelphia, PA 19103-1814 (215) 563-7000 _ Wells Fargo Home Mortgage, Inc., f/k/a · Court of Common Pleas Norwest Mortgage, Inc. 5024 Parkway Plaza Boulevard . Charlotte, NC 28217 · Civil Division VS. · Cumberland County Robert A. Barrick, Jr. and Cheryl Barrick 1901 Douglas Drive ' No. 01-2053 Carlisle, PA 17013 PLEASE BE ADVISED THAT THIS FIRM IS A DEBT COLLECTOR ATTEMTING TO COLLECT A DEBT. ANY INFORMATION RECEIVED WILL BE USED FOR THAT PURPOSE. 1F 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 THE PROPERTY. ..MEMORANDUM OF I~AW IN SUPPORT OF PLAINTIFF'S MOTION TO SET ASIDE SHERIFF'S SALE AND STRIKE SHERIFF'S DEED An in rem Judgment was entered in favor of Plaintiff in the above-referenced mortgage foreclosure action on June 27, 2001. Consequently, Defendants filed a Chapter 7 Bankruptcy Petition in the Middle District of Pennsylvania (Harrisburg) at Bankruptcy #1-01-04248 on August 1,2001. A true and correct copy of the bankruptcy petition is hereto attached as Exhibit A. Plaintiff filed a Motion for Relief fi'om the Automatic Stay, which was granted by the Bankruptcy Court on October 4, 2001. A final decree closing the case was issued on November 20, 2001. The District Attorney's Office of Cumberland County notified Plaintiff that the mortgaged premises was vacant, and that the premises may have sustained property damage. ' 11. As such, the Sheriff's Sale held on March q3, 2002 should be set aside,, the Sheriff's Deed · recorded on March 28, 2002 should be stricken, and the title of the property should revert back to the Defendants. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order setting aside the March 6, 2002 Sheriff's Sale and directing the Recorder of Deeds of Cumberland County to Strike the Sheriff's Deed recorded on March 28, 2002 at Book Number 250, Pages 4889-4891. FEDERMAN & PHELAN, LLP Je~ne R. Davey,'E'squire A~Stomey for Plaintiff Plaintiff Sent an appraiser to the property to secure th~ premises and to survey the damages, wherein he discovered a substantial amount of mold and mildew on the basement walls. The appraiser also discovered that the cause of mold and mildew stemmed fi'om the absence of a sump pump in the basement. A Writ of Execution was issued on December 10, 2001 to enforce the judgment, and the mortgaged premises located at 1901 Douglas Drive, Carlisle, PA 17013, was sold to Plaintiff at the Cumberland County Sheriff's Sale held on March 6, 2002. Thereafter, the Sheriff of Cumberland County executed a Deed to Wells Fargo Home Mortgage, Inc., f/k/a Norwest Mortgage, Inc., which was recorded in the Office of the Recorder of Deeds of Cumberland County on March 28, 2002 at Book Number 250, Pages 4889-4891. A tree and correct copy of the Sheriff's Deed is attached hereto as Exhibit B. However, unbeknownst to Plaintiff's counsel, Mutual send a letter to Plaintiff dated February 25, 2002 denying Plaintiff's insurance claim for extensive water damage and neglect of the property. A tree and correct copy of the letter from Dale Wagner Insurance Agency is hereto attached as Exhibit C. Plaintiff has determined that the value of the property has been significantly diminished due to the extensive damages that the property has sustained, and Plaintiff will suffer irreparable harm unless the relief requested herein is granted. As such, the Sheriff's Sale held on March 6, 2002 should be set aside and the Sheriff's Deed recorded on March 28, 2002 should be stricken, and the title of the property should revert back to the Defendants. Pa. R.C.P. 1066 (b)(3) gives the Court the authority to strike the sale and Deed. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order setting aside the March 6, 2002 Sheriff'S Sale and directing the Recorder of Deeds of Cumberland County to Strike the Sheriff's Deed recorded on March 28, 2002 at Book Number 250, Pages 4889-4891. FEDERMAN & PHELAN, LLP ,~,nine R. Davey, E~quire ~Attomey for Plaintiff · ' V-ERIFICATI~)N ! __ Jenine R. Davey, Esquire, hereby states that she is the attorney for the Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Set Aside Sheriff's Sale and Strike Sheriff's Deed 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. §4904 relating to unsworn falsifications to authorities. FEDERM/~ & PHELAN, LLP Attorney for Plaintiff EXHIBIT A .Party Listing . . , Page 1 of 1 . Party Listing 1 01-04248 (Harrisburg) BARRICK, ROBERT A and BARRICK, CHERYL A DEBTOR: ATTORNEY: BARRICK, ROBERT A JACQUELINE M. VERNEY 121 EAST LOUTHER STREET REAR 44 S HANOVER ST CARLISLE, PA 17013 CARLISLE, PA 17013 (717) 243-9190 SSN: 202-42-6314 JOINT DEBTOR: ATTORNEY: BARRICK, CHERYL A JACQUELINE M. VERNEY 121 EAST LOUTHER STREET REAR 44 S HANOVER ST CARLISLE, PA 17013 CARLISLE, PA 17013 (717) 243-9190 SSN: 379-72-4122 TRUSTEE: MARKIAN R. SLOBODIAN 801 N. SECOND STREET PO BOX 11967 HARRISBURG, PA 17108-1967 (717) 232-5180 PACER Service Center [ Transaction Receipt I 06/20/200211:36:23 IPACER Login: Ilfpo039 ][Client Code: ] IDeseription: [[Parties ]]Ca.e Numbm][12001-04248 [Bmable Pages: ] iL___]l¢ost: ][0.07 ~Need help? Try the PACER User's Guide ~acer Service Center http ://pacer.pamb.uscourts.gov/cgi-bin/foxweb. exe/npacer/nPacer 6/20/02 Docket for Case' "+ GetCaseNo() +" (" + DktTypeExpand(m.gsDktType) + ,,) Page 1 of 1 · · Bankruptcy Docket Report 1 01-04248 (Harrisburg) BARRICK, ROBERT A and BARRICK, CHERYL A Docket items entered between 01/01/1931 and 06/20/2002 Filing Date Docket Entry 08/01/01 VOLUNTARY PETITION under Chapter 7, Matrix and all Schedules/Statements [EOD 08/01/01 ] [BR] 08/13/01 MOTION for relief from stay filed by WELLS FARGO HOME MORTGAGE, INC. f/~a Norwest Mortgage, Inc. (Fee Pd. Rec.#572954-CR, $75.00) [Disposed] [EOD 08/13/01 ] [NP] CERTIFICATE OF NON-CONCURRENCE [EOD 08/13/01 ] [NP] 08/13/01 ORDER that answers aredue on 09/04/01 Re: Item # 2. [EOD 08/13/01] [NP] 08/23/01 CERTIFICATE of service Re: Item # 3. [EOD 08/23/01 ] [SM] 08/24/01 CERTIFICATE OF MAILING of notice of 341 meeting. [EOD 08/24/01 ] [CR] 09/17/01 REAFFIRMATION AGREEMENT between Debtor and AMERICAN GENERAL CDC [EOD 09/17/01 ] [SM] 09/18/01 341 meeting held. [EOD 09/19/01 ] [CR] 09/21/01 FINAL REPORT of Trustee in No Asset Case [EOD 09/24/01] [CR] 10/04/01 MOTION for default judgment Re: Item # 2. [Disposed] [EOD 10/04/01 ] [NP] 10/04/01 ORDER granting default judgment Re: Item # 9. [EOD 10/04/01 ] [NP] ORDER granting relief from stay Re: Item # 2. [EOD 10/04/01 ] [NP] 11/20/01 DISCHARGE of Debtor(s). Certificate of Mailing. [EOD 11/20/01 ] [DR] 11/20/01 FINAL Decree. Certificate of Service. [EOD 11/20/01 ] [DR] Printed: 06/20/02 11:36:02 PACER Service Center [ Transaction Receipt 06/20/2002 11:36:02 PA~'~ Login: ]~-~-~lClient Code: [Description: ]~)ocket ]~ase Number: ][I 2001-04248 Billab~_l~le Pages: _]]1- -]lCost: ]lo.o_~~~_~_7 'Need help? Try the PACER User's Guide ~Pacer Service Center .../nPacer?ExecThis=docket&puid=01024578193 &case_no=2001-04248&office= 1 &DktType=+a5/20/02 EXHIBIT B Tax Parcel #29-16-1094-127 · '.Know all Men by these. Presents'. ' · That I, R. Thomas Kline Sheriff of the ~o, mt¥ of Cumberland in the State of Pennsylvania, for and in consideration of the sum of_ S1.0O ----- dollaes, to me in hand paid, do hereby grant and convey to Well~ Fargo Home Nortgage, INc. f/k/a No~t Nortgage, Inc. ILEAL ESTATE SA~'E No. 37 Writ No. 200~-2053 Civil Term Wells Fargo Home Mortgage, Inc. fAt/a Norwest Mortgage Inc. vs Ptobert A. Bardck, Jr. and Cheryl Barrick Atty. Frank Federman ..-.. DESCRIPTION , · ALL THAT CERTAIN tract of ~'~ ' land with thc improvements thereon · ::~ · , erected, situate in North Middlcton ! ::~ r-- . 'Township, Cumberland County,; as follows: BEGINNING at a point on the Eastern linc of Douglas ]Drive and at thc Northern line of Chester'. c:: Road as shown on the hereinafter' ~ z r:~ ; .. · mentioned plan of lots; thence by ' --4 ~ ' the latter North 85 degrees East 150 feet to. a point at line of Lot No. 1, Block "B", on said plan; thence by said Lot No. 1; Block "B", and Lot No. 2, Block "B", North 05 degrees West 100 feet to a point of Lot No. 29, Block "B"; thence by ~he same, · South 85 degrees west 150 feet to a point on the Eastern line of Douglas Drive; thence by the same, South 05 degrees East 100 feet to the Northern line of Chester Road and the Place" of BEGINNING. BEING Lots Nos. 30 and 31 on Plan No. 1, Block"B", of Noll Manor as recorded in the Office of the. Recorder of Deeds in Plan Book 11, · Page 51. BEING improved thereon with a dwelling house known and num- bered as 1901 Douglas Drive, Carlisle. TAX PARCEL #29-16-1094- 127. · TITLE to said premises is vested in Robert A. Barrick and Cheryl A. Barrick, his wife, by Deed from Toby L. Kutz, single person, dated' 6/10/93 and recorded 6/14/93 in Record Book I36 Page 538. o. thc same 'having been sold by mc to thc said grantee on thc 6 Eh day of ~ Anno Domini two thousand and 'two _( 20 0~2 ) after duc advertisement according to law, under and by virtue of a writ of Execution day of issued on the ~ ~ Anno Domini 20 0.~__~ out of the court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two thousand and _, at the suit of one (:20 O! ) Number ~~ t We against Robert A. Barrick, Jr. and Cheryl Barrick In Witness Whereof, I have hereunto affixed my signature this ____ 26th day of March _An~no Domini two thousand and t~} ( 20 0.~2__2 ) .... ...:~-~'"' /./...../--" ...~..~_.. ...... " Sfieriff Commonwealth of Pennsylvania, ss. Before the undersigned. Ckirtis R. Long ' Prothonotary of the Court of Common Pleas of Cumberland County Pennsylvania, Personally appeared R. Thomas Kline Sheriff of Cumberland County aforesa/d, and in due form of law declared that ~e'facts set forth in the foregoing Deed are true, and that he acknowledged the same in order that sa/d deed might be recorded. W/mess my hand and seal of sa/d Court, this _.~26 th day of __ Anno Domini two thousand and ~~I2/D_( 20 ~ ) '" ""~'~"' ~*:'"" '"'"'" ~ ' ~~ ,., :?~ .,-.. ~.? i .... ! I hereby certify that the residence and Post Office '. '~l'~-_'~..,~,o- , address of the within Grantee is *"~'{~'""~J ~%':' Charlotte, NC 28217 I certify this to be recorded In Cumberland County PA Recorder ~., c r~ .~ .... ~,..,., ~oo~ 250 '.~.~r4891 EXHIBIT C ,~u~-~,--~:uu,,, Ht'.lJ U~;~IEI AFl HELLIS l~ftKtiU r'ilA FIp.r' 18 o~ O~-].~,a r, u,,'/u~ .' ~ebruaty 2,,5, 2002 · _ ,.. Th~ Wells Fargo Hon~ Mortgage Po Box 6502 $~ OH 45501-6502 - _ Re: Claim No.: M0211046A Forn~r In.mred's Poli~y No.: HO002.S3222 Form~ Insured: Robert & ~1 Bariick . Your Loan No.- 472-1165794 ' ._. Dear ~ir or Madam: ' . · · We ha~ completed our iav~igation regarding the claim tbal your oonvany has made as a mortgage co~ und~ tl~ Mort~.ge Claus~ in the Hotn~wn~'s Imm'an~e Policy of Robe~ & Cheryl Barrick g~ was a~tive from 6-9.01 thru 1-5.-02. - · The Mort~e Cla~ can ~ your company for any ooveted loss trader the Covera~ A or B (dwellin~ & other startles) as your interests appear. TI~ mortgage company must: a. Notiies us of any ohange in ownership, oooupan~ or substantial ~hange in risk of b. Pays an~ prcugum duc under this policy on demand if you have n~~ed to pay . c. Sub. ts a siS~d, sworn statcn~nt of loss within ~ days a~zr rc~ivin~ notice from us of)our ~ to do so. Policy conditiom relating to AptaaisaJ, Against Us and Loss Paym~ apply ~o ~he mo~gcc. l'h~e are several Limit~~ and Exclusions and Conditions that our invesligation concludes which will not make this a oo~cred loss. . The Flom~wn~r's poli~ ~y idemifies that we do not insm~ however, for loss: 2. Caused 1~: d. Any ofth~ ~~~~ (1) Wear and tear, mani~ deterioration; (3) Smog, ntst or other corrosion, mold, v~t or dry rot; The Homeowner's flirthetmore exolud~ the following; o. Water Damage, meaning: (1) Flood, surfac~ water, waves, tidal water, overtlow ora body of water, or spray ii-om any ot'thes~ wh~h~ or not driven by wind: (2) Water which backs up through s~wers or dr_~: or whioh ovcrl]ows f~om romp; or (~) Water below the surfaoe of the grou~l, h~cluding waler whigh exerCs pressure on or seeps or leaks through a b~s, sklewalk, d~iveway, foundation, swimug~ pool or oth~ ~.. e. Neglec~ ~ ~glect of the "imured" to use all reaso~le means to save and pizserve property al and after the thne ora loss." h. Ir~~b~ Loss, ~ a~ loss arising out of'any act commi~: (1) By or at tt~ direction of aa "insured"; and (2) W'~ tl~ iate. at to cause a loss. · In conclusion, the Homeowner's polloy sta~cs the following under the Condiiiom section: 11 ' Ahando~t of Property. We need not ~ any property ~oued by an "insured", _. Based on our iaw~i~on which ~ed an insp~tion ofth~ propiny with your comra~tor, ow fiadings are that we ~ dgny ooverage f~r the mold damages and odin- claims that you have made based on the above sta~ Linitations, Exo~ns ami · Conditions under the Barrick's Homeowner's policy. If yo~ have any questions, plea.~ fe~l ~ree to coara~ me at 1-1i88.215-g417, o, · ~ Bmdine . Senior Claims Repre~a~¢ Cc; Dale Wager ~ Agen~ 2642 Walnut S~et Harrisburg, PA 17103 · FEOERMAN A~O ~ * · HELAN, LLP BY: JENINE R. DAVEY, ESQUIRE Identification No. 87077 One Penn Center at Suburban Station Suite 1400 1617 J.F.K. Blvd. Philadelphia, PA 19103-1814 Attorney for Plaintiff (215) 563-7000 Wells Fargo Home Mortgage, Inc., f/k/a ' Court of Common Pleas Norwest Mortgage, Inc. 5024 Parkway Plaza Boulevard Charlotte, NC 28217 ' vs. ' Civil Division Robert A. Barrick, Jr. and Cheryl Barrick ' Cumberland County 1901 Douglas Drive Carlisle, PA 17013 ' No. 01-2053 PLEASE BE ADVISED THAT THIS FIRM IS A DEBT COLLECTOR ATTEMTING TO COLLECT A DEBT. ANY INFORMATION RECEIVED 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 A~FEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST THE PROPERTY. CERTIFICATION OF SERVICE I hereby certify a tree and correct copy of the Plaintiffs Motion to Set Aside Sheriff's Sale and Strike Sheriff's Deed, Memorandum of Law in Support thereof, Verification and proposed Order was served by U.S. First Class Mail on all interested parties on the date listed below: Robert and Cheryl Barrick Sheriff of Cumberland County 1901 Douglas Drive Cumberland County Courthouse Carlisle, PA 17013 One Courthouse Square Carlisle, PA 17013-3387 FEDERMAN AND PI-W. I AN, L.L.P. By: JENINE R. DAVE., ESQUIRE Identification No.: 87077 One Penn Center at Suburban Station 1617 John F. Kennedy Bouleward Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff (215) 563-7000 Wells Fargo Home Mortgage, Inc., f/k/a · Court of Common Pleas Norwest Mortgage, Inc. 5024 Parkway Plaza Boulevard : Charlotte, NC 28217 · Civil Division : Cumberland County Robert A. Barriek, Jr. and Cheryl Barriek 1901 Douglas Drive · No. 01-2053 Carlisle, PA 17013 CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Praecipe to Withdraw Motion to Set Aside the Sheriff's Sale and Strike Sheriff's Deed served by regular mail on Defendants on the date listed below: Robert and Cheryl Barrick Sheriff of Cumberland County 1901 Douglas Drive Cumberland County Courthouse Carlisle, PA 17013 One Courthouse Square Carlisle, PA 17013-3387 The Honorable Judgment Edward E. Guido Dale F. Shughart, Jr., Esquire Cumberland County Courthouse 35 East High Street, Suite 203 One Courthouse Square Carlisle, PA 17013 Carlisle, PA 17013 Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 j ..~e R. Davey, Esquir~ A~'ttomey for Plaintiff FEDFiLMAN AND PHELAN, LL.P. By: JENINE IL DAVEY, ESQUIRE Identification No.: 87077 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1~00 At~mey for Plaintiff Philadelphia, PA 19108-1814 ~ · Court of Common Pleas Wells Fargo Home Mortgage, Inc., f/ida Norwest Mortgage, Inc. . 5024 Parkway Plaza Boulevard Charlotte, NC 28217 · Civil Division vs. · Cumberland County Robert A. Barrick, Jr. and Cheryl Barrick · No. 01-2053 1901 Douglas Drive Carlisle, PA 17013 SALE AND STRIKE SHERIFF'S DEED TO THE PROTHONOTARY: Plaintiff hereby withdraws it's Petition to Set Aside Sheriff's Sale and Strike Sheriff s Deed filed on or about June 24, 2002. ~ate [ [ - - ~tomey for Plaintiff STATE OF PENNSYLVANIA, } COUNTY OF CUMBERLAND ss. Robert P Ztegler I, .............................................................................. Rccordcr of Deeds in and for said County and State do'hereby certify that thc Sheriff's Deed in which ................ · WElls Fargo Home Mtg Inc fka Norwest Mt~ Inc .................................................................................... ~ thc grant cc the same having bccn sold to said gFantcc on the ....... 6 ~ h ............................. day of March ' 2002 " ........................................ A. D., ' _ .... , under and by virtue of a writ .............. Execu~ ion ~ 0 t h ................................................ ~ued on thc ..................................... Dec 2001 . dm), o~ .......................... A.D., ..... ~ out o[ lh¢ Courl o[ Comman Pie. as o~ said Counly'as o[ Civil ............. 2001 2053 ~ ~,- { ~-- ~-~ ~-~--~ [~ ~--~-_~-'~ ~-C- -f ~-~- l~l~e~ S t ' ~t ~ Inc Number ............... , at thc suit of ............................................................... Robert A Barrick Jr & Cheryl ................................... against ..................................................... is duly recorded in Sheriff's Deed Book No ....... ~_~_0__, Page .... ----____.4 8 8 9 IN TESTIMONY WHEREOF, I havc hereunto set my hand and seal of said office this ~_~'_ ..... day .... ........ Wells Fargo Home Mortgage, Inc. In The Court of Common Pleas of F/k/a Norwest Mortgage, Inc. Cumberland County, Pennsylvania VS Writ No. 2001-2053 Civil Term Robert A. Barrick, Jr. and Cheryl Barrick J. Micheal Ickes, Deputy Sheriff, who being duly sworn according to law, states that on December 26, 2001 at 11:38 o'clock a.m., EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon one of the within named defendants, to wit' Robert A. Barrick,Jr., by making known unto Cheryl Barrick, adult in charge, at 121 East Louther Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copy of the same. J. Micheal Ickes, Deputy Sheriff, who being duly sworn according to law, states that on December 26, 2001 at 11:38 o'clock a.m., EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon one of the within named defendants, to wit: Cheryl Barrick,, by making known unto Cheryl Barrick, at 121 East Louther Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copy of the same. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on January 07, 2002 at 10:04 o'clock A.M., E.S.T., he posted a tree copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Robert A. Bardck, Jr. and Cheryl Barrick located at 1901 Douglas Drive, Carlisle, 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' Robert A. Barrick, Jr., by regular mail to his last known address of 121 East Louther Street, Carlisle, PA 17013. This letter was mailed under the date of January 23, 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' Cheryl Barrick, by regular mail to her last known address of 121 East Louther Street, Carlisle, PA 17013. This letter was mailed under the date of January 23, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 6, 2002 at 10:00 o'clock A.M., EST. He sold the same for the sum of $1.00 to Attorney Frank Federman for Secretary of Veterans Affairs, An Officer of The United States of America. It being the highest bid and best price received for the same, Secretary of Veterans Affairs, An Officer of The United States of America of Varo Cleveland (MDP 262 PHI), P.O. Box 99640, Cleveland, OH 44199, being the buyer in this execution paid Sheriff R. Thomas Kline the sum of $762.43, it being costs. Sheriff' s Costs: Docketing $30.00 Poundage 14.95 Advertising 15.00 Posting Handbills 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 7.15 Certified Mail 1.63 Levy 15.00 Surcharge 30.00 Law Journal 265.40 Patriot News 251.10 Share of Bills 24.20 Distribution of Proceeds 25.00 Sheriff's Deed 26.5_~_0 $762.43 Sworn and subscribed to before me This ~ day of ~~ R. Thomas Kline, S 2002, A.D. - /P~~o~~y Real Estate Depmy WELLS FARGO HOME MORTGAGE, INC., ~ ' F/K/A NORWEST MORTGAGE, INC. . CUMBERLA~ CouNTY · coURT OF COMMON PLEAS Plaintiff, . v. . CIVIL DIVISION ROBERT A. BARRICK, JR. · NO. 01-2053 CIVIL TERM CHERYL BARRICK · Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) ., 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 1. Name and address of Owner(s) or reputed Owner(s)' Last Known Address (if address cannot be Name reasonably ascertained, please indicate) ROBERT A. BARRICK, JR. 1901 DOUGLAS DRIVE CARLISLE, PA 17013 1901 DOUGLAS DRIVE CHERYL BARRICK CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: 1901 DOUGLAS DRIVE ROBERT A. BARRICK, JR. CARLISLE, PA 17013 1901 DOUGLAS DRIVE CHERYL BARRICK 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: Last Known Address (if address cannot be Name reasonably ascertained, please indicate) None. ? · '4. Name and address of last recorded holder of every mortgage of record: Last Known Address (if address cannot be Name reasonably ascertained, please indicate) COMMERCIAL CREDIT CORP. 3401 HARTZDALE DRIVE, STE. 126 CAMP HILL, PA 17011 NORWEST FINANCIAL MARYLAND, 6710 F RITCHIE HWY. GLEN BURNIE, MD 21061 INC. 5. Name and address of every other person who has any record lien on the property: Last Known Address (if address cannot be Name 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. Last Known Address (if address cannot be Name reasonably ascertained, please indicate) None. 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: Last Known Address (if address cannot be Name reasonably ascertained, please indicate) 1901 DOUGLAS DRIVE Tenant/Occupant CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania PO Box 2675 Department of Welfare 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 unswom falsification to authorities. December 5,200~11 FRANK FEDERMAN, ESQUIRE DATE Attorney for Plaintiff WELLS FARGO HOME MORTGAGE, IN~., ' · CUMBERLAND COUNTY ' F/K/A NORWEST MORTGAGE, INC. · Plaintiff, · No. 01-2053 CIVIL TERM Vo ° ROBERT A. BARRICK, JR. · CI-IERYL BARRICK ' Defendant(s). December 5, 2001 TO: ROBERT A. BARRICK, JR. CHERYL BARRICK 1901 DOUGLAS DRIVE 1901 DOUGLAS DRIVE CARLISLE, PA 17013 CARLISLE, PA 17013 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE [N BANKRUPTCY AND THIS DEBT WAS NOT REAFFItLMED, 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 ~ 1901 DOUGLAS DRIVE~ CARLISLE~ PA 17013~ is scheduled to be sold at the Sheriffs Sale on MARCH 6~ 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 93~229.27 obtained by WELLS FARGO HOME MORTGAGE~ !NC:~ E/, .K/A NORWEST MORTGAGE~ INC. (the mortgagee) against you. If the Sheriff' s sale is postponed, the property will be relisted for the J~E 5, 2002 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS , YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action' 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call' (215) 563-700.0. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your 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.) 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 pays 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 Bus/er 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) 99o-9~o8 ALL THAT CERTAIN tract of land with r. he improvements thereon erected, situate in N Middle~:on Township. Cumberland County, Permsylvama, bounded and described as follows' BEGINNING at a point on the Eastern line of Douglas Drive and at the Northern tine of Chester Road as shown on the hereinafter mem:ionect plan of lots' thence by the latter North 85 degrees Eas~ ...... 150 feet to a point at tine of Lot No. t,. Block "B". on said plan' thence by said Loc No. l' "B", -:md Lot No. 2, Block "B", Not-th 05 degrees West 100 fee~ to a point of Lot No~. 29. Block"' "B"' thence by the same. South 85 degrees west 150 feet to a poin~ on the Eastern tine of Douglas Drive' thence by the same. South 05 degrees Eas~ 100 t'ee~ to the Norrlnem line of Chester Road and the Place of BEGINNING. BEING Lots Nos. 30 and 31. on Plan No. 1, Block "B", of Noll N[-a. nor as recorded in the Office of the Recorder of Deeds in Plan Book 11, Page 51. ------'"'-'-- BEING improved thereon with a dwelling house known and numbered as 1901 Douglas Drive, Carlisle. T~X. PARCEL #29-16-1094-127. TITLE TO SAID PREMISES IS VESTED IN Robert A. Barrick and Claeryt A. Barrick, Ns wife , by Deed from Toby L. Kur. z. Single Person dated 6/10/93 and recorded 6/14/93 in Record Book I36 Page 538. WRIT OF"'.Ex'E~'.UTION arid/or ATTACHMENT N O 0_.1__--~ 0__53 CIVIL'x~ ~ COMMONWEALTH OF PENNSYLVANIA) CIVIL ACTION-LAW cOuNTY OF CUMBERLAND) COUNTY' TO THE SHERIFF OF C~nbe_rl__ and ...... _ar__~LO Home Mor~A Norwest _ To satisly the debt, interest and costs due Wells _.._F PLAINTIFF(S) Mo_r .t. ga__q~ ~_Inc- · from Robert A. Barrick jr_ Ch__~~ Bar~.._i_c_k 1901 Dou las ' C~rlisle P_enna~~Q1- 3 DEFENDANT (S) ..... (1) You are directed to levy upon the properly of the defendant(s) and to sell 199_l~~u__~q~_.Drive______~, Carlisle, Pa. 17013 (2) You are also directed to attach the property of the delendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notity the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or tot the account of the defendant(s) and Irom delivering any property ol the detendant(s) or othen~vise disposing. thereol; . (3) I1 property ol the defendant(s) not levied upon an subject to attachment is tound inthe po .ssession 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 ~ frcxn 6/25 Due Prothy L,.0Q Interest ~ Atty's Corem % Other Costs Atty Paid ~ 119. i_Q Plaintiff Paid · Date' _ December 10, 2001 C~'t'i$ R.~ Prothonotary. Civil Division ----F REQUESTING PARTY: Name ~ F~d~'r~an, E~c~. One Penn Center at~ Suburloan Stat'ion Address' 16-t-7--3o~- K~n~-,d~' ~uu~_~va:~-; S-t~te 1400 ~h±].a~ ?~a ._ ]-9 ].0 3-__ ]._8 ].~4 ......... Attorney for:p~ Telephone: _ Supreme Coud ID No. ' ;' 'REAL ESTATE SALE No: On December 12, 2001, the sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA, known and numbered as 1901 Douglas Drive, Carlisle, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 12, 2001 By: ~~eal~s~ tate Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 1~, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of _The Potriot-News and_T.b.e_ Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 29th day(s) of January and the 5th and 12th day(s) of February 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 D u in in Miscellaneous Book "M", Volume 14, Page 317. ~a~)~ " ................. COPY _~~';~ '~(~ ~1' bed ;;;;'A.D. ! Terry L. Russ~H, Notary Public , I Hardsburg, Dauphin County REALw~ESTATENe. 2001-a)~aSALE No. 37 ] My ..... Commission Expires June 6, 2002 ! NOTARY PUBLIC CivilTMm Member, Pennaylvania ASSOCiation'01Nei'afieSMY commission expires June 6, 2002 "'~ "' --~f/k/l~.' CUMBERLAND COUNTY SHERIFFS OFFICE · RoMrt K Barri~ Jr. CUMBERLAND COUNTY COURTHOUSE end Cheryl Barrk:k, CARLISLE, PA. 17013 · ~ Arty: Frlnk ~ DESC~ON' AU. C A =t of Statement of Advertising Costs improvements thermn ~ situalc in North ~~ Town~ip/ C.mb~-~ Corny, To THE PATRIOT-NEWS CO., Dr. Pennsylvania, boun~ dcscribed as follows: BEG]NN]NG at a point on thc.Ea~lm'a ~ of For publishing the notice or publication attached Douslas Drive and at thc Nonhcm lin¢ of Ch~tcr hereto on the above stated dates $ 249.60 P, oad as shown on thc hcrcbmfler mcntioned plan Probating same Notary Fee(s) $ 1.50 of lots; thence.by thc latter North 85 ~ Hast l~O.feet to a point at linc ofLotNo. 1, Block"B", Total $ 251.10 on said plan;.~ by said Lot No. 1; Block,B", and Lot No. 2, .Block "B", North 05 degrees West 100 feet to a point of .Lot No. 29, Block"S", Publisher's Receipt for Advertising Cost thence by the same, South 85 desrccs west 150 fcc/m a [mint on thc'Eastern line.of Do~J. as ,"'.n publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general Drive; then.cc...b._~_thc sam~ south 0~ de~= E, st .... Circ'ul'ati~)-n, h-~-reby 5:ER~~edge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. 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 ' 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 . stablished January 2, 1952, and designated by the local courts as the official legal aforesaid, was e · ' ua 2 1952, been regularly periodical for the publication of all legal not~ces, and has, s~nce Jan .ry , 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;. 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 tree. REAL E~TATE ~ NO. 37 Writ No. 2001-2053 Civil Wells Fargo Home Mortgage, Inc. ~~. Morgenthal, Editor f/k/a Norwest Mortgage, Inc. VS. Robert A. Barrick, Jr. and SWORN TO AND SUBSCRIBED before me this Cheryl Barrlck 8 _day of FEBRUARY 2002 Atty.: Frank Federman ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in North Middleton Township, Cumberland County, . Pennsylvania, bounded and de- '~ scribed as follows: BEGINNING at a point on the Eastern line of Douglas Drive and at the Northern line of Chester Road as shown on the hereinafter men- tioned plan of lots; thence by the latter North 85 degrees East 150 feet to a point at line of Lot No. 1, Block "B", on said plan; thence by said Lot No. 1; Block "B', and Lot No. 2, Block "B", North 05 degrees