HomeMy WebLinkAbout01-2924MARK J. UDREN & ASSOCIATHS
BY: Mark ~. Udren, Hsqulre
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHEB~tY HILL, NJ 08034
856-482-8900
Wells Fargo Home Mortgage,
Inc. f/k/a Norwest Mortgage,
Inc.
5024 Parkway Plaza Blvd.
Charlotte, NC 28217
Plaintiff
ATTORNEY FOR PLAINTIFF
: COURT OF CO~ON PLEAS
~CIVIL DIVISION
: Cumberland County
Homer W. Fleagle
Crystal J. Fleagle
5 Park Circle
Newville, PA 17241
Defendant(s)
NO. o/- O.u]
COMPLAINT IN MORTGAGE FORECLOSURE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you must take action
within twenty (20) days after this Complaint and Notice are served,
by entering a written appearance personally or by attorney and
filing in writing with the Court your defenses or objections to the
claims set forth against you. You are warned that if you fail to
do so the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any
money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCH. IF YOU DO NOT
HAVE A LA~FER OR CANNOT AFFORD ONE, GO TO OR THLEFHON~ THE OFFICE
SHT FORTH BELOW TO FIND OUT WHER~ YOU CAN GET LEGAL HELP.
LAWYERS I~EFERRAL SHRVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013-3387
717-249-3166 or 800-990-9108
AVI~O
Le hah demandado a usted en la corte. Si usted quiere defenderse
de estas demandas expuestas en las paginas siguientes, usted tiene
veinte (20) dias de plazo al partir de la fecha de la demanda y la
notificacion. Hace falta ascentar una comparencia escrita o en
persona o con un abogado y entregar a la corte en forma escrita sus
defensas o sus objeciones a las demandas en contra de su persona.
Sea avisado que si usted no se dafiende, la corte tomara medidas y
puede continuar la demanda en contra suya sin previo aviso o
notificacion. Ademas, la corte puede decidir a favor del
demandante y requiere clue usted cumpla con todas las provisiones de
esta demanda. Usted puede perder dinero o sus propiedades u otros
derechos importantes para usted.
LLEV~EgTA DEMANDA A UNABO~%DO I~-.,IATAME~TE, SI NOTIENEABOGADO
O SI NO TIENE EL DXNEHO SUFICXENTE DE PAGAR TAL SE~VICIO, VAYA EN
PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIP~CCION SE
~uum~T~A ESCRZTA ABAJO PA~A AV~RZQUA~ DONDE SE PummE CONSE~UZR
ASISTENCZA LEQAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013-3387
717-249-3166 or 800-990-9108
NOTICE
The amount of your debt is as stated in the attached document. The name of the creditor
to whom the debt is owed is as named in the attached document. Unless you notify us within
30 days after receipt of this Notice and the attached document that the validity of the stated
debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us
in writing of a dispute within the 30 day period, we wm obtain verification of the debt or a
copy of a Judgment against you, and mail it to you. If you do not dispute the debt, it is not an
admission of liability on your part. Al~o, upon your written request within the 30 day period,
we will provide you with the name and address of the original creditor if different from the
current creditor.
If you notify us in writing within the 30 day period as stated above, we will cease collection
of your debt, or any disputed portion of it, until we obtain the information that is required
and mail it to you. Once we have mailed to you the required information, we will then
continue the collection of your debt.
This law farm is deemed to be a debt collector and this Notice and the attached document is
an attempt to collect a debt, and any information obtained will be used for that purpose.
LAW OFFICES OF MARK J. UDREN
/s/Mark J. Udren, Esquire
1040 N. Kings Highway, Suite 500
Cherry Hill, NJ 08034
(856) 482-6900
1. Plaintiff is the Corporation designated as such in the
caption on a preceding page. If Plaintiff is an assignee then it
is such by virtue of the following recorded assignments=
Assignor= American Home Funding, Inc.
Assignments of Record to= Wells Fargo Home Mortgage, Inc. f/k/a
Norwest Mortgage, Inc.
Recording Date= 3/12/98 Book= 270 Page: 897
2. Defendant(s) is the individual designated as such on the
caption on a preceding page, whose last known address is as set
forth in the caption, and unless designated otherwise, is the real
owner(s) and mortgagor(s) of the premises being foreclosed.
3. On or about the date appearing on the Mortgage
hereinafter described, at the instance and request of Defendant(s),
Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned
to the Defendant(s) the sum appearing on said Mortgage, which
Mortgage was executed and delivered to Plaintiff as security for
the indebtedness. Said Mortgage is incorporated herein by
reference in accordance with PA.R.C.P. 1019 (g).
The information regarding the Mortgage being foreclosed is as
follows=
MORTGAGED PREMISES: 5 Park Circle
MUNICIPALITY/TOWNSHIP/BOROUGH: Township of North Newton
COUNTY: Cumberland
DATE EXECUTED: .1/3.0/98
DATE RECORDED: 2/2/98 BOOK: 1429 PAGE: 610
The legal description of the mortgaged premises is attached hereto
and made part hereof.
4. Said Mortgage is in default because the required payments
have not been made as set forth below, and by its terms, upon
breach and failure to cure said breach after notice, all sums
secured by said Mortgage, together with other charges authorized by
said Mortgage itemized below, shall be immediately due.
fail or
5. After demand, the Defendant(s) continues to
refuses to comply with the terms of the Note as follows:
(a)
(b)
4/26/01:
by failing or refusing to pay the installments of
principal and interest when due in the amounts indicated
below;
by failing or refusing to pay other charges, if any,
indicated below.
The following amounts are due on the said Mortgage as of
Principal of debt due and unpaid
Interest at 7.5%
from 12/1/00 to 4/26/01
(the per diem interest accruing on
this debt is $19.22 and that sum
should be added each day after
4/26/01)
$92,241.36
2,825.34
Title Report
250.00
Court Costs (anticipated, excluding
Sheriff's Sale costs)
280.00
Escrow Overdraft/(Balance)
(The monthly escrow on this account
is $123.82 and that sum should
be added on the first of each
month after 4/26/01)
(78.33)
Late Charges
{monthly late charge of $33.18
should be added on the fifteenth of
each month after 4/26/01)
132.72
Corporate Advance
155.00
Attorneys Fees (anticipated and actual
to 5% of principal)
TOTAL
$100,418.16
7. The attorney's fee set forth above are in conformity with
the mortgage documents and Pennsylvania law, and will be collected
in the event of a third party purchaser at Sheriff's Sale. If the
mortgage is reinstated prior to the sale, reasonable attorney's
fees will be charged in accordance with the reduction provisions of
Act 6, if applicable.
8. The combined notice specified by the Pennsylvania
Homeownerts Emergency Mortgage Assistance Program, Act 91 of 1983
and Notice of Intention to Foreclose under Act 6 of 1974 has been
sent to each defendant, via certified and regular mail, in
accordance with the requirements of those acts, on the date
appearing on the copy attached hereto as Exhibit "A", and made part
hereof, and defendant(s) have failed to proceed within the time
limits, or have been determined ineligible, or Plaintiff has not
been notified in a timely manner of Defendant(s) eligibility.
WHEREFORE, the Plaintiff demands judgment, in rem, against
the Defendant(s) herein in the sum of $100,418.16 plus interest,
costs and attorneys fees as more fully set forth in the Complaint,
and for foreclosure and sale of the Mortgaged premises.
' ~r~~k J. Udren, ESQUIRE
MA~K J. UD~F~N &ASSOCIATES
Attorney for Plaintiff
Attorney I.D. No. 04302
ALL THOSE TWO CERTAIN TRACTE OF LAND SITUATE IN NORTH I~EMTON TOWNSHIP, CUMBERLAHD
COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED A~ FOLLOWS; TOGETHER
WITH THE IMPROVUMENTS THEREON ERECTU~;
TRACT NO. 1:
BEQZNNZNQ AT A POINT. ON THE NORTH LZN~ OF HARK CIRCLE DEl'YE AS SHOWN ON THE
HEREINAFTER MENTION~ PLAN OF LOTS, WNZCH POINT IS AT LINE OF LOT NO. 2 ON SAID
PLAN; THENCE BY THE NORTHERN LINK OF PA~K CIRCLE, SOu-~-n EEVUJFTY-0RE (71) DEQREES
WNST, NINETY (90) FEET TO A POINT AT LINE OF LAND NOW OK FORM~RLY OF WILLIAM
GRAHAM; TH'uqCE BY SAID LAND, NORTK TWENTY (20) DEGRNEE THIRTY (30) MZH~2TES F~HT,
ONE H~NDRED (100) FEET TO A POINT ON THE SOu'.L'.UAI~N LIEN OF A 33-FOOT ROAD; THENCE BY
THE SOu'J.'.u.z~RN LINE OF SAID ROAD, NORTH SEVRNTY-0ER (71) DEQRERE EAST, NINETY (90)
PEET TO A POINT AT LIZ~ OF LOT NO. 2; TE':~CE BY THE LINE OF LOT NO. 2, SOUTH TW~FTY
(20) DEQREEE THIRTY (30) MINDTES WEST, NZ~&'J.'¥ (90) FEET TO A POINT, THE PLACE OF
SEQZRNIN~.
BEZN~ LOT NO. i ON THE PLAN OF LOTS KNOW~ AS PARK CIRCLE, RNZ~'H PLAN IS RNCORDu~ IN
THE OFFICE OF THE RECORDER OF DEMOS IN AND FOR CUMBERLAND COum-A-z, IN PLAN BOOK 12,
PAQE 49.
TRACT NO. 2t
BE~INNINE AT A POINT OW TK~ NORTH LINE OF PA~.K CIRCLE DRIVE AS SEOW~ ON THE
EERNIN]t~TER R~NTIOMED PLAN OF LOTS, ~ICH POZ~ IS IN ~ DIVXDI~ LX~
LOTS NO. i ~ 2 ~ SHO~ ON SAID P~; SAID LOT ~. i BBI~ N~ OR FO~RLY
BY JA~ E. ~IS ~ ~NR M. ~XH, HIS WIFE~ ~CR BY ~AXD D~IDI~
BY ~E LINE OF O~B~ ~S N~ OH FO~Y OF JACK E. ~IS ~ ~ M.
HIS WIFE, NOR~ ~Y (20) D~RRBH ~IK~ (30) MIHu=ES ~T, O~ ~ (100}
FEET TO A POI~ ON ~E 8Ou=~EU LI~ OF A 33-F~T RO~; ~CB BY ~B SOu'A'~E~ LI~
OF S~D RO~, NOR~ S~Y-~ (71) D~BS ~T, NI~ (90) FB~ TO A
THE DIVIDI~ LI~ B~ LOTS ~. 2 ~ 3, H~D LOT ~. 3 BBI~ ~
~ ~W OH FO~Y OF ~LHON, SOu'r~ ~=z (20) DEO~EH ~XR~ (30) MI~BH
O~ ~ (100} FEET ~ ~E ~R~BRLY LI~ 0F P~ CIRCLE; THeE BY
S~Y-O~E (71) DEG~RS WEST, NX~ (g0) FEET ~ ~E P~CE OF BBQZ~Z~.
BEIN~ LOT NO. 2 OM THE PLAN OF LOTS RNOW~ AH PARK CIRCLE, WNICw PLAN IS RNCOEDDED IN
THE OFFICE OF THE RECORDER OF DEEDS IN ]~ND FOR CUMBEHLAHD C0Ub'&'x, IN PLAN BOOK 12,
SA~R 49.
Wells Fargo Home Mortgage, Inc.
P.O. Box 1225
Charlotte, NC 2820 I- 1.225
March 5, 2001
Homer W. Fleagle
5 Park Circle
Newvil[e PA 17241
RE: Wells Fargo I lame Mortgage, Inc. Loan Number 6640546
Mortgagor(s):
Mortgaged Premises:
Homcr W. Flcaglc
Crystal j. Fleagle
5Park Circle
Newville, PA 17241
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the mortgage on your home is in default, and the lender intends to
foreclose. Suecific information about the nature of the default is ~rovided in the attached hanes.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to
save your hgme. This Notice exolains how the oronram works.
To see if HEMAP can belp~ you must MEET WI l'lq A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE.
with van when van meet with the Counseline Aeencv.
Take this Notice
The name, address and phone number of Consumer Credit Counseling Agencies serving your
County are li~ted at the end of this Notice. If you have any auestions, you may call the Penmvlvania
Housina Finance A~encv toll free at 1-800-342-2397. CPersons with imnaired hearine can call
(717) 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 m help you find a lawyer.
LA NOTIHCACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO
A CONTINUAR V1VIENDO 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 PaR EL PROGRAMA
LLAMADO "HOMEOV*~NER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIIN3TECA.
EXHIBIT A
HOMEOWNER'S NAME(S):
PROPERTY ADDRF..~$:
LOAN ACCT. NO.:
ORIGINAL LENDER:
CURRENT LENDER/SERVICER:
Hamer W, Flea_~le Crystal J, Fl~_le
.~ Pnrk Circle
Newville, PA 17241
6640546
WELLS FARGO HOME MORTGAGE, INC.
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL 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 M~.~T 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 thir_ty (30) days from the date of this Notice. During that time
you must arrange and atccnda "facc-to-f~cc" mceting with one of thc consumcr credit counseling
agencies listed at the end of this Notice. TI-IlS MEI~TINC..~.MI,,IST OCCUR WITHIN THE NEXT
,~{} DL~ IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE AS-~ISTANC~- YOU
~ BRING YOUR MORTGAGF. UP TO DATE. TIlE PART OF THIS NOTICE CAI.I.RD
"I-IOW TO CIJRE YOHR MORTGAGE I)EFAIILT". EXPLAIN.~ HOW TO gRIN(; YOUR
MORTGAGE UP TO DATE.
~ONSUMER CREDIT COUNSELING AGENCIES - ffyou meet with one of the consumer credit
counseling agencies listed at the end of this notice, the lender may NOT take action against you
for thirty~30) days after the date of this meeting. The names, addresses and telenhone numbers
of designated consumer credit counselin~ a~enc[es for the county in which the nronertv is
lncatedare set forth at the end of this N-oti['e. It is only necessary to schedule bne-fac-'--to-face
meeting. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE A.qSISTANCE - Your mortgage is in default for the reasons
set forth later in this Notice (see following pages for soecific information about the nature of your
dd. ault.) If you have tried and are una. ble to resolve t~is pr_o, blem with the lender, you have die
right to apRly for financial assistance from the Homeowner s Emergency Mortgage Assistance
P/o~am. To do so,you must fill out, sign and file acomp, leted Homeowner'sEmergency
Assistance Program Apvlication with one of the designated consumer credit counseling agencies
listed at the en~of this Notice. Only consumer credit counseling agencies have avplications for
the program and they will assist you in submitting a complete apphcation to the P&nnsylvania
Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days
of your"face-to-face meeting.
YOU MII~qT FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU
DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LE t-i I~R, FORECLOSURE
MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR
MORTGAGE ASS[STANCE WILL BE DENIED.
~- Available funds for emergency mortga~, assistance are very limited. They will
gert .cy under the eligibility criteria esta'bhshed by the Act. Tile Penm. ylvania
Housing Finance Agency Rag sixty (60) flays to make a decision after it receives your apphcation.
During that time,no foreclosure proceedings will be,oursued against you if you have met the time
requireme, nts s.et I:orth above. You. will he notified d,rectly by the Pennsylvania Housing Finance
Agency of its oecision on your appdcation.
NOTE: IF YOU ARE CURRENTLY PROTEC- f~D BY THE FILING OF APE 111 tON
IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN A t-t,~.aMPT
TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date).
NATURE OF THE DEFAULT - - The MORTGAGE debt held by the above lender on your property
located at: s P. rlt Circl~
Newvill,~ PA 1'7~.1
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and
the following amounts are now past due:
_Iammry ~?fl01 . M~reh ~n01 $2.374.fi~i
Other charges (ext~lain/itemizel:
I'~rh~r I~'eeg Ill annlicahl~
TOTAL AMOUNT PAST
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 thi~ notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER.WHICH
IS $ 2,441.01 · PLUS ANY MORTGAGE PAYMEIqTS AND LATE CHARGES WHICH BECOME,
DUE DURING THE THIRTY (301 DAY PERIOD. Payments must be made either by cash. cashier s
cheek~ certified check or money order made payable and sent to:
WELLS FARGO HOME MORTGAGE~ INC.
1 HOME CAMPUS
X2501-01H
DES MOLNES, 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 CURE THE DEFAULT - - If you do, not. cure the default within THIRTY. ~30) DAYS
of the date ot this Notice, the lender intends m exercise tm rmnt~ to accelerate the mormaoe oont: Thi.s,
means that the entire outstanding balance ot this debt will be considered due immediately and you ma~
lose the chance to pay the mortgage in monthly, installments. If full payment of the total amount past
due is not made wtthm THIRTYO0) DAYS, she lender also intends to instruct its attorneys to start
legal action to foreclose uoon your morma~ea property.
IF THE MORTGAGE lg FORECLOSED UPON - - The mortgaged property will be sold by the Sheriff
to~ay off the mortgage debt. If the lender refers your case to ~ts attorneys, But you cure the delinquency
before the lender begins legal p. roceedings against you,you will still be required to t~ay the reasonab e
attorney's fees that were actually incurr&l, uvto $$0.00.. However, if ega proceedi.ngs are started
against you,you will have to pay all reasonable attorney s fees actually recurred by the lender even if
they exceed $50.00. Any attorney's fees will be added t'o the amount you owe the'lender,which may
also include other reasonable costs. If you care the default within the'THIRTY 1301 DAY oeriod~ you
will not be reauired to oar attorney's tees.
OTHER LENt)liE REMEr~IEg.. The lender may also sue you personally for the unpaid principal
balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SAI~I~ - ffyou have not cured the default
within the THIRTY (30) DAY period and foreclosure proceedings have begun, ' i
to cure the default and nrevent the sale at any time un to one hour before r~e .gberi~
do so by navina the tot~.l amount then hast due. nlus'anv late or other thames then due. reasonable
attornev'~ fees and costs connected with the foreclosure sale and any other costs corm,'er,~tt with the
Sheriff's Sale as specified in writinz by the lender and by nerforming any other ~uiremencs under the
~ .Gating. your,default in .th.e ma. n~. er set forth in ~is notice will restore your mortgage to the
same postt~on as tt you na(~ never (leraulte(L
F. ARI JF. gT PO.gglRI.F. gMF. RII~'g .gAI.F. r)ATI~ - It is estimated that the earliest date that such a
~Shher!ff's S.ale. or.the mor~aged prope, rty coul.d .be held would be ,a_p _prpximately six (6) months from
e oate ot mis Notice. ~ notice otme actual oate of the Sheriff s Sale will be sent to y. ou before the
sale. Of course, the amount needed to cure the default will increase the Ionger~you walt. You may find
out at any time exactly what the required payment or action will be by contacting the lender.
HC)W Ti3 ~C)NTAtTF TI41~ LENT)ER:
Name of Lender: Wells Fargo Home, Mortgage, Inc.
Address: .$024 Parkway Plaza Blvd..
Charlotte, NC 28217
1-800-766-0987
7~~. ~.234016
Tanisha Robinson
Phone Number:
Fax Number:
Contact Person:
~PFECT OF ~I4F. RIFF'S gA,! I;. _ Yo.u should realize t..has a Sheriff's Sale .,w. ill end yottr ownership of
e mort~gageo property aaa your right to occupy it. Ir ~'ou continue to li~e in the pro~e~3' after the
Sheriff's gale, a lawsuit to remove you and your furnishings and other belongings could be started by
the lender at any time.
ASSUMPTION OF MORTGAGE - You may or ~ may not sell or transfer )~our home to
a buyer or transferee who will assume the mortgage debt, provided that all the outstand ngoayments,
charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements
of the mortgage are satisfied.
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 3'0 PAY OFF
THIS DEBT.
· TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
· TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT
HAD ,O. ,C..C, ,U.,.R~P~..D.~.I,F...Y, OU CURE.,THE DEFAULT. (HOWEVER, YOU DO NOT HAVE
THLg Klt,Hl IO (.URE YOUR DEFAULT MORE 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 DEFENSE YOU BEI.IEVE YOU MAY HAVE TO SUCH
ACTION BY THE LENDER,
· TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
APPENDIX C
PENNSYLVANIA HOUSING HNANCE AGENCY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
CUMBERLAND COUNTy
CCCS of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) .741-1757
FAX# (717) 541-4670
Financial Counse~ngServlces of Franklin
31West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
Urban League of Mctropolitan Harrisburg
N. 6th Street
Harrisburg, PA 17101
(7'17) 234-5925
FAX# (717} 234-9459
YWCA of Carlisle
301 G Street
Carlisle, PA 17013
(717)243-3818
FAX# (717) 731-9589
Community Action Commission of the Capital Region
1.$14 Derr~ Street
Harrisburg, PA 17104
(717) 232-9757
FAX# (717) 234-2227
Adams County Housing Authority
139-143 Carh'sle St.
Gettysburg~ PA 17325
(717} 334-1518
FAX (717} 334-8326
The Pennsylvania Housing Finance Agency can be reached TOLL FREE at I (g00) 342-2397.
Wells Fargo Home Mortgage, Inc.
P.O. Box 1225
Clmrlotre, NC 28201 - 1225
March .5, 2001
Crystal J. Fleagle
5 Park Circle
Newvil[e PA 17241
RE: Wells Fargo I Iome Mortgage, Inc. Loan Number 6640546
Mortgagor(a):
Mortgaged Premises:
Homer W. Flcaglc
CrystalJ. Fleagle
$ Park Circle
New'iile, PA 17241
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the mortgage on your home is in default, and the lender inr~nd~ to
foreclose. Soecific information about the nature of the default is provided in the ~:r~a,-h~d taa~
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP} may be able to help
save your home. This Notice exulains how the nroaram works.
To see if HEMAP can help, you must MEET WiTH A CONSUMER CREDIT
COUNSELING AGENCY wi I'HIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice
with you when you meet with the Counseling, A~,encv.
The namet address and phone number of Consumer Credit Couflselin~ A~m,~es serving your
County are listed at the end of this Notice. If you have any ouesfiom, you may call the Pennsvlvan;n
Honsino Finance Auencv mil free at 1-800-342-2397. {Persons with ;ray-ired hearitm can e.oll
(717} 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 he able to help you find a lawyer.
LA NOfI.FICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO
A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA
NO IH,'ICACION OBTENGA UNA TRADUCClON INMEDITAMENTE LLAMANDO ESTA
AGENCIA {PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU I-III~OTECA.
HOMEOWNER'S NAME{S)..
PROPERTY ADDRESS..
LOAN ACCT. NO.:
ORIGINAL LENDER:
CURRENT LENDER/SERVICER:
Homer W. Fiea_~le Crystal _1. Flea_~le
Park Circlg
Newville, PA 17241
6640546
WELLS FARGO HOME MORTGAGE, INC.
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL 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 temlaorary stay
of foreclosure on your mortl~age for thirv,. (30) days from the date of this Notice Durmg that time
you m. ust arrange and attcnc~ a "facc-to-f~cc" meeiing with one of the consumer cred t counseling
agencies listed at the end of this Notice. THIS ME~T...fi~.? ..M.I IST OCCUR WITHIN THE NEXT
~ IF YOU Df) NOT APPLY FOR EMERGENCY MORTGAGE ASflSTANCE. YOI I
MUST BRING YOUR MORTGAGE IJP TO DATE. THE PART OF THLq NOTICE CAI.I 1:'13'
"HOW TO (~'IIRE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOIIR
MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSEl ING AGENCII~g -- ffYOU meet with one of the consumer credit
counseling agencies listed at the end of this notice, the lender may NOT take action against you
for thi.rty-{30) days after the date of this meeting. The names, a,,d~resses and teleohone numbern
of designated consnmer credit counselln~ a~encle~ for the count~ in which the oronerrv is;
located are set forth ar the end of this N-oti~'e. Ir is only .necessary to schedule 6ne-fac-~-t:o-face
meeting. Advise your lender irnrnediatelz of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCI~ - Your mortgage is in defau t for the reasons
set forth later in this Notice (see following pages for svecific information about the nature of your
default.) If you have tried and are unable to resolve tfiis problem w th the lender, you have the
right to apply for financial assistance from the Homeowner's Emergency Mortc'aze Assistance
Program. To do so, you must fill our, sign and file acomp, leted Ho~rneo'wner's~E~erg~h~,- --
Assistance Program Application with one of the designate~i consumer credit counse nc, a&encies
l!sted at the en~{ of this Notice. Only consmner cred~'i counseling agencies have a~plic'~ti~'f-o-x:
tide program and they will assist you in submitting a complete application to the P;'nnsylvania
H, ousing~Financ,e Agency. Your application MUST be filed or postmarked w thin thirty (30) days
ot your race-to-race meeting.
YOU MIlfiT FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU
DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LEH ~,R, FORECLOSURE
MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR
MORTGAGE ASSISTANCE WILL BE DENIED.
012140/685
~A- Available funds for emergency mor~age assistance are very limited. They will
gert .ey under the eligibility criteria esta'bhshed by the Act. Tile Perm.sylvania
Housing Finance Agency lias sixty 160) days to make a decision after it receives your apphcation.
During that time, no foreclosure proceedings will be~ursued against you if you have met the time
requirements .set ~:orth above. You. will be notified directly by the Pennsylvania Hous ng Finance
Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTEui ~ BY THE FILING OF A PETITION
In BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSES OlaY AND SHOULD NOT BE CONSIDERED AS AN A
TO COLLECT THE DEBT,
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date).
NATURE OF THE DEFAULT - - The MORTGAGE debt held by the above lender on yonr property
located at: .s Park Cirel~
lq~-w'vflle_ PA 17')41
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and
the following amounts are now past due:
.~n.~r.v ~fll - M~n.h ?nfl1 .$?:'t74.1;;i
Other charges (exvlain/itemize): Late Chames $66.3~;
C~ther ~,o; (if nnnlicahleJ ~fl. Ofl
TOTAL AMOUNT PAST DUI~- $2,~1.01
B. YOU HA~ FAILED TO TAKE ~E FOLLOW~G A~ION
~IaOW.T.O CURE THE DEFAULT - - You may cure the default within THIRTY (30) DAYS of the
te ~!44t lm~)lnot~ce BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER. WHICH
IS $ ....... , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME,
DUE DURING THE THIRTY (30) DAY PERI,O.D. Payments must be made either bv cash. cashier s
check~ certified check or money order made pa~ able and sent to:
WELLS FARGO HOME MORTGAGE, INC.
1 HOME CAMPUS
X2$01-01H
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 CURE THE DEFAUI,T - - If you do not. cure the default within THIRTY (301 DAYS
of the date of this Notice, the lender intends to exercise its r~htt to accelerate the morm~ dehr' This
means that the entire outstanding balance oi' this debt will be considered due immediate y and you may
lose the chance to ray the mortgage in monthly installments. If full ~a ment of the total amount asr
due is not made within THIRTY {30} DAYS, t]~e lender also intends't~Y~nstruct its attorneys to staP~t
legal action to foreclose uoon your mormaged vroma'ty.
IF THE MORTGAGE IS FORECLOgED ~N - - The mortgaged proper.ty will be sold by the Sheriff
to l}ay off the mortgage debt. ff the lender refers your case to ~ts attorneys, I~ut you cure the del n~luency
before the lender begins legal p. roceedings against you.you w st be required to ~ay the reasonable
attorney's fees that were actually incurred, uv to $'$0.00., However, if legal proceedi .~gs are started
against'you,you will have to pay all reasonalale attorney s fee~s actually incurred hy the coder even if
t.hey exceed $50.00. Any attorney's fees will be added to the amount y_ou owe the'lender,which may
al.?.o include other reasonable cosis. If you cure the default within the THIRTY {30} DAY oeriod, yon
will not be reouired to oar attorney's lees.
flTHF. R LENDER R£MEDIi~g.. The lender may also sue you personally for the unpaid principal
balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default
within the THIRTY (30) DAY period and foreclosure proceedings have begun, ill i
to cure the default and nrevent the sale ar any time un to one hour before tile Sheriff's
do so by having, the tot~.l amount then hast due. n trs'anv late or other char~es then due. reasonable
attorney s fees and costs connected with the foreclosure sale and any other costs conv~tod with the
Sheriff's Sale as s~ecified in writilm by the lender and by nerformina any other renuirements under the
~ .Corin~.your,d ,e~ault in ,th,e n~, n~, er set {x)rth in ~is notic~ will restore your mortg~.ge to the
S~llte pOSI~30U as it you nag IteveF uetaultea.
EARI.II~qT Po.~.~mI.F. ~I4F. Rn:F'~ gAI.R r~ATE -- It is estimated that the earliest date that such a
Sheriff's Sale of the mortgaged property could he held would be approximately six (6) months from
the date of this Notice. A fiotice of the actual date of the Sheriffs-Sale will be sent to y. ou before the
sale. Of come, the amount needed to cure the default will increase the longer you warn You may find
out at any time exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE I,ENT)F.R ~
Name of Lender: Wells Fargo Home, Mortgage, Inc.
Address: .$024 Parl/way Haza Blvd.
Charlotte, NC 28217
3-800-766-0987
704-423-4016
Tanisha Robinson
Phone Number:
Fax Number:
Contact Person:
t~FFECT O1~ ~H[~.RIFF'.~ ~,~.I.F. -- Yo.u should realize that a Sheriff's Sale will end your ownership of
e mortgageo property aha your right to occupy it. If you contim e to ye in the property after the
Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by
the lender at any time.
A,SSUMPTION ?F M .ORTGAGE - Y,ou may or __ may not sell or transfer your home to
a nuyer or transferee who will assume me mortgage debt, provided that a the outstanding payments,
charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements
of the mortgage are'satisfied.
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 THE SAME POSITION AS 1F NO DEFAULT
HAD OCCURRED~ IF ,Y, OU CURE THE DEFAULT. (HOWEVE.Ro YOU DO NOT HAVE
THIS RIGHT TO CURE YOUR DEFAULT MORE 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 DEFENSE YOU BELIEVE YOU MAY HA'vT. TO SUCH
ACTION BY THE LENDER.
· TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
APPENDIX C
PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
CCCS of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) $41-1757
FAX# (717) 541-4670
CUMBERLAND COUNTy
Financial Counseling Services of Franklin
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-328S
Urban Lcaguc of Metropolitan Harrisburg
N. 6th Street
Harrisburg, PA 17101
(717) 234-5925
FAX# (717) 234-94S9
YWCA of Carlislc
301 G Street
Carlisle, PA 17013
(717)243-3818
FAX# (717) 731-9589
Community Action Commission of the Capital Region
1514 Derry Street
Harrisburg, PA 17'104
(717) 232-97.57
FAX# (717) 234-2227
Adams County Housing Authority
139-143 Carb~le St.
Gettysburg, PA 17325
(717) 334-1S18
FAX (717) 334-8326
The Pennsylvania Housing Finance Agency can be reached TOLL FREE at I (800} 342-2397.
Z 902 089 412
F.O. Box 1225
Charlotte, NC 28201-1225
March 5, 2001
Homer W. Fleagle
5 Park Circle
Newville PA 17241
RE: Wells Fargo I Iomc Mortgage, Inc. Loan Number 6640546
Mortgagor(s):
Mortgaged Premises:
Homcr W. Fleaglc
Crystal J. Flmgle
5 Park Circle
Newvil[e, PA 17241
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the mormg.e.e on your home is in d~f~,,lt, and the lender intend~ tO
foreclose. Svecific information about the nature of the clof~,,Ir is provided in the awaehed
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able tO help to
save vanr home. This Notice ex~lain~ how the otoRram
To see it HEMAP can help~ you must MEET WITH A~CONSUMER C:.RF. rIIT
COUNSELING AGENCY wi tHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notire
with you when you meet with the Counsellne A~encv.
The name~ address and phone numher o£ Consnmor Credit Co~el;nff A?neles serviRg your
County are listed at the end of this Notice. If yon have any auestions, you may call the Penns¥1vaniq
Honsitm Finance Aeenev toll free at 1-800-342-2397, {Persons with imoaired hcarin~ can e~ll
(717) 780-1869}.
This Notice contains important legal information. If you have any questiom, 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 NO'l'llqGAGION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO
A CONTINUAR VIVIF.2q'DO EN SIJ CASA. SI NO COMPRENDE EL CONTENDO DE ESTA
NOTIFICACION OBTENGA IJNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA
AGENCIA {PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO 'HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM' EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMLR SU HURDTECA.
HOMEOWNER'S NAME(S).'
PROPERTY ADDRESS:
LOAN ACCT. NO.:
ORIGINAL LENDER:
CURRENT LENDER/SERVICER:
Homer W. Flextie Crystnl _I. Flea,lc
Park Circle
Newville, PA 17241
6640546
WELLS FARGO HOME MORTGAGE, INC.
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCJ~
WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND
HELP YOU MAKE FUTURE MORTGAGE PAYMENT~
IF YOU COMPLY ~/I'['H 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 thiz~'y (30) days from the date of chis Not ce. During that time
ou must arran and attend] a "fac - ' ' ' ·
y .... gc ..... c?to face" meeting with one of thc consumer credit counseling
ngencles usteo .at the eno o~ tins Notice. THIS MI~E,~T~.~ MIJNT OCCUR WITHIN TI-IR
~'~N~ YOU DO NOT APPLY FOR EMERGENCY M(}RTGAGE A.~SISTANCE. YOU
YOUR MORTGAGE IIP TO DATE. THE PART OF THI.q NOTICE C,~,I I PD
"H(}W T(} CURE YOIJR MORTGAGE DEFAIIIT": EXPLAIN.~ H(}W T{} BRING YOI]R
MORTGAGE UP TO DATE,
CONSUMER CREDIT COUNSELING AGENC:Igg - ffVou meet with one of the consumer credit
counseling agencie~s listed at the end of £his notice, the lender may NOT take action against you
for thirty-(30') days after the date of this meeting The names, addresses and ce enhone numbers
of designated consumer credit counselln~ a~enc~es for the county in which the nrooertv i~
located are set forth at the end of this NotiCe ]I' is only necessary to schedule
meet ng. Advise your lender mined:ate ]: of your inten'tions. -
APPLICATION FOR MORTGAGE ARglSTANCF, - Your mortgage is in default for the reasons
set forth later in this Notice (see following pages for s~eeific information about the nature of your
default.) If you have tried and are unable to reso ye this pro. blem with the lender, you have the
right to apply for financial assistance from the Homeowner s Emergency Mortgage Assistance
P, fo&ram. T~o do so,]ou, must fill ou.t, sign ~an.d fi!e acomp, leted Homeowner's~Emergency
Rsststance rrogtam Apo~ication witl~ one ot tl~e aesignated consumer credit counseling agencies
listed at the en~l of this Notice. Only consumer credit counseling agencies have a!~plicatious for
the program and they will assist you in submitting a complete application to the P;'nnsylvania
HousingFinance Agency. Your application MUST be filed or postmarked within thirty (30) days
of your-face-to-face meeting.
YOU MURT FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU
DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LEI t'e.R, FORECLOSURE
MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR
MORTGAGE ASSISTANCE WILL BE DENIED.
~A" Available fi,ads for emergency mortgagg, assistance are very limited. They will
gency under the eligibility criteria estaTdlshed by the Act. The Perm,sylvania
Housing Finance Agency lids sixty (60) days to make a decision after it rece yes your application.
Duri.ng that time,.no,for, eclos~e proc.,e?d, ings will be..pursue, d against you if you have met the time
r. eqmreme, n, ts sp, t .tqrm anove, xou, wi. ne notified ,qrectly ny t3~e Pennsylvania Homing Finance
Agency or tis aecmon on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION
IN B~uNK_R~PTC_YJ THE FOLLOWING PART OF THIS NOTICE Lq FOR INFORMATION
RPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN A t I I/MPT
TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date)
NATURE OF THF 13EFAIILT - - The MORTGAGE debt held by the above lender on your property
located at: 5 Park C..;rele
Newville. PA 17741
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and
the following amounts are now past due:
Other charges (exnlain/itemize): Late Ghames $66.36
[')rker F'ee~ (if ~nnlicahleJ
TOTAL AMOUNT PAST
$2~441.01
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION
aOW.T,O.CH.RE _T~_.E_.DEFA_UL__T -_-_Y_ou may cure the default within THIRTY (30) DAYS of the
.re ~o~t4~m.s.noy.ce..u_ ~ PRYING I'HE '10TAL AMOUNT PAST DUE TO THE LENDER.WHICH
$ .,,,$~.v~, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME
DUE DURING THE THIRTY (30) DAY PERI,?D. Payments must be made either by cash. cashier's
check~ certified check or money order made pa~ able and 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 CURE THE DEFAULT - - If you do. not cure the default within THIRTY (30) DAYS
ot the date of this Notice, the lender intends to exercise as dents to aee~!eram the mormm,e debt. This
means that the entire oumtanding balance ot this debt will be considered due immediately and you may
lose the chance to P'3Y the mortgage in monthly, nsrallments. If full payment of the total amount past
due is not made with n THIRTY C30} DAYS, thc lender also intends to instruct its attorneys to start
legal action to foredose uoon your mortea~ed property.
IF THE MORTGAGE Lg FORI~.CI OgED UPON - - The mortgaged proper.ty will be sold by the Sheriff
tovay o[~ the mortgage debt. It the lender refers your case to ~ts attorneys, §ut you cure the delinquency
before the lender begins legal p. roceedings aga nst you,you will still be r uired to a the reasonable
r ' ' . eq .y
attq ney s fees that.,w, e, re actually m, curred, up,to $50.00. H. owever, if legal proceedings are started
a, gamst you,,)?u wm nave to pay afl.reason, amc attorneys rees actua y incurred b the lender even if
t,ney .exc, ee,a $5,0.00. Any ,at, torney's re. es will be added to the amount you owe the!fdnder.which may
a,so mcmae omer reasoname costs, it you cure the default within the'THIRTY (3(1) DAY oeriod, yon
will not be reauired to vav attorney's h.,~
OTIq'I~R I.EN'I~FR RI~MF. rIB~g.. The lender may also sue you personally for the unpaid principal
balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured rhr
within the THIRTY (30) DAY period and foreclosure proceeding~fiave ]~egun, il .... : ....
to cure the ~d,~fault and prevent the sale at any time un to one hour before the Sheriff%
do so by no, mu the total amount then hast due. nlus-anv late or other charzes then due. reasonable '
attorney's fees and costs connected with the foreclosure sale and any other costs conn,','r,'a with the
Sheriff's Sale as snecified iii writing by the lender and bv oerforminu any other renuirem~'~£s under the
~ .Cufial~.your,de,fault in t,h.e m,.an~, er set forth in lifts notice will restore your mortgage to the
same posltlou as ir you naa never oeraul~eu.
EARI.~gT I~IRI.F. gHERIF~'fi .~AI.E r)ATE. -- It is estimated that the earliest date that such a
Sheriff's Sale of the mortgaged property could he held would be approximately slx (6) months from
th,e da~,of this N,otice. A fiotice,of, the actual da, re, of, the ,Sheriff's Sale w. ill be sent to you before the
sale. ~.)t COurSe, the amount neeoeo to cure me oerault win increase the longer.you wait. You may find
out at any time exactly what the required payment or action will be by contacting the lender.
HOW TO CONTAt'TF Tile I.FNDER:
Name of Lender:
Address:
Phone Number:
Fax Number:
Contact Person:
Wells Fargo Home, Mortgage, Inc.
S()24 Parkway Plaza Blvd.
Charlotte, NC 28217
1-800-766-0987
704-423-4016
Tanisha Robinson
i~FFFI'TF OF ~HERIFF'S ~AI.E -- You should realize that a Sheriffs Sale wil end your ownership of
e mortRaged property and your right to occopy it if you contim e to live in the pro crt after the
S. her. iff .s Sate, a lawsuit to remove you and your furnishings and other belongings couft~ be started by
the lentter at any time.
ASSUMPTION OF MORTGACE - You may or may not sell or transfer )'our home to
a, buyer or transferee who will assume the mortgage debt,==~_ovided that all the outstandin a ments
cn.a,rges and attorney's f~s ,and costs are paid prior to or at the sale and that the other r~gu~r~ents '
ox me mortgage are satisneu.
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 INSTITOTION 20 PAY OFF
THIS DEBT.
· TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
· TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT
HAD OC..C~..RRED~ IF .Y, OU CURE THE DEFAULT. (HOWEVE.R.~ YOU DO NOT HAVE
THIS RIGHT TO (,URE YOUR DEFAULT MORE THAN THREE TIMES IN AN Y
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 DEFENSE YOLJ BEI.IEVE YOU MAY HAVE TO SUCH
ACTION BY THE LENDER.
· TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CCCS of Wcstcrn Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) $41-1757
FAX# (717) $41-4670
CUMBERLAND COUNTy
Financial Counseling Services of Franklin
31 West 3rd Street
Waynesboro, PA 17268
(717} 762-3285
Urban League of Metropolitan Harrisburg
N. 6th Street
Harrisburg, PA 17101
(717) 234-.$925
FAX# (717) 234-9459
YWCA of Carlisle
301 G Street
Carlisle, PA 17013
(717)243-381 $
FAX# (717} 731-9589
Community Action Commission of the Capital Region
1514 Derr~; Street
Harrisburg, PA 17'104
(717) 232-9757
FAX# (7~7) 234-22/7
Adams County Housing Authority
139-143 Carlisle St.
Gettysburg, PA 17325
(717) 334-151g
FAX (717} 334-8326
The Pennsylvania Housing Finance Agency can be reached TOLL FREE at 1 (800) 342-2397.
Z
Wells Fargo Home Mortgage, Inc.
P.O. Box 1225
Charlotte, NC 28201-1225
902 089 413
March 5, 2001
Crystal J. Fleagle
5 Park Circle
Newville PA 17241
RE: Wells Fargo I lome Mortgage, Inc. Loan Number 6640546
-Mortgagor(s): Homcr W. Flcaglc
Crystal J. Fleagle
Mortgaged Premises: 5 Park Circle
Newvllle, PA 17241
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
~ .default. 5nd the lender insends to
foreclose. S 'ftc inform t~ ab ut the nature of the default ts ovided in the attached.
The HOMEO~RoGR. AM HEMAP ma be able to hel to
save ur home. .
CONSUMER CREorr
~ NOTICE. Ta~ this Nodc~
~~Credit Counseli A cies servia our
Court are listed at the end of this Notice. If ou have an uestions ou ma call the Penn Ivania
Honsin Finance A en toll free at l- 00-342-2397. Persons with im aired h ari n Il
This Notice contains important legal information. If you have any questions, representatives
at the Consumer Cr.edlt Counseling Agency may be able to help explain it. You may also want to
contact an attomcy m your area. The local bar association may be able to help you find a lawyer.
LA NOTI~'ICACION EN ADJUNTO ES DE SUMA LMPORTANCIA, 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 (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME{S}:
PROPF. RTY ADDRESS:
LOAN ACCT. NO.:
ORIGINAL LENDER:
CURRENT LENDER/SERVICER:
Hamer W. Fle%~le Cry_ stol _1. Fle~_ole
~; Park Circle
Newville~ PA ].724!
6640546
wI~LLS FARGO HOME MORTGAGE, INC.
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE
WHICH CAN SAVE YOUR HOME PROM FORECLOSURE ANr~
HELP YOU MAKE FUTURE MORTGAGE PAYMEN~
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE A~SISTANCE 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 O~HER ELIGIBILrl Y 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 (30) days from the date of this Notice. During that time
you must arrange and attcnd d "face-to-face" mcc~ing with one of thc consumer credit counseling
agencies listed at the end of this Notice. TI-IIX,MEETING MUST OCCUR WITHIN THE ~r~xT
{L]~0..l~s~ IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOI!
MUS'T RRING YOUR MORTGAGF. UP TO DATE_ THE PART OF THIS NOTICE CAI .! .I~D
"HOW TO CURE YOIIR MORTGA(;E DEFAULT". EXPLAINS HOW TO RRIN(; YOUR
MORTGAGE Lrp TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit
counseling agencies listed at the end of this notice, thc lender may NOT take action against you
for thirty-(30) days after the date of this meeting. The names, a~.d..resses and te enhone nurnF~¢rg
of designated consumer credit counselln~ a~enc,es for the countx in which the nronerrv s
located are set forth at the end of this lq-price. Ir is only necessai'y to schedule 6ne-facd-to-face
meeting. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage 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 tfiis pro, blem with the lender, you have the
right to apply for financial assistance from the Homeowner s Emergency Mortgage Assistance
Program. To do so, you must fill out, sign and file a completed Homeowner'sJEmemcocv
Assistance Program Application with one of the designate~l consumer credit counse i~g a6,encies
listed at £he en~ of this Notice. Only cousLm~er cre&£ counseling agencies have applications for
the program and they will assist you in submitting a complete application to the P~nnsylvania
HousingFinance Agency. Your application MUST be filed or postmarked within thirty (30) days
of your-face-to-face meeting.
YOU MUST FILE YOUR APPLIGATION PROMFfLY. IF YOU FAIL TO DO SO OR IF YOU
DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LE FI'ER, FORECLOSURE
MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLIGATION FOR
MORTGAGE ASSISTANCE WILL BE DENIED.
~ - Available funds for emergency mortgage assistance are very limited. They will
~Agenc, y un.der t.h.?.ligibility cri.teria .esta'bhsh~ by the Act. TEe Perm.sylvania
mouszng r~nance ngency nas slx'o/ 6ol nays to mage a aecision atter it rece yes your app zcation.
During that time, no foreclosure proceedings will begursued against you if you have met the time
requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance
Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PE'lil'lON
IN B~NKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
P
URPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN At iEMPT
TO COLLECT THE DEBT.
(If you have filed bankruptcy you can sfin apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date).
NATURE OF THF DEFAULT - -The MORTGAGE debt held by the above lender on your property
located at: s Park Circle
~qra, ville_ PA 17941
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and
the following amounts are now past due:
Other charges (exolain/itemize):
I')ther ~'eeg/if ~nnlle~hle)
TOTAL AMOUNT PAST DU~..:
Late Charges
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION
~,66.36
.~O_Ofl
$2,441.01.
HOW TO CURE THE DEFAULT. . You may cure the default within THIRTY (30) DAYS of the
day ~o~hli~.notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH
IS $ z,nq~.ui, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME,
DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made eigher by cash, caahier s
check~ certified check or money order made payable and 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 CURE THE DEFAULT - - If you. do not cure the default within THIRTY (30) DAYS
ol the date of this Notice, the lender intends to exertase irs rlohrg to acex4orate the morto~,,~ debt. This
means that the entire outstanding ha ance o~ this deht will be considered due immediately and you may
lose the chance to p~.y the mortgage in monthly installments. If full payment of the total amount past
,due .is no.t made, wzt,h~n THIRTY {30) DAYS,.~hc lcndcr also intcnds to instruct ts attorncys to start
legal action to loreclose upon your mormazeo property.
IF THE MORTGAGE IS FORECLOSED UPON . -The mortgaged proper.ty will be sold by the Sheriff
topay off the mo.rtgage debt. If the lender refers your case to its attorneys, [3ut you cure the delinouency
before the lender begins legal proceedings againstvou,you w I still be required to I~a¥ the reasonable
attorney's fees that were actually incurred, u~to ~$0.00., However, f egal proceedin.'gs are started
against'you,you will have to pay ail rcasnna~le attorney s fees aetua y ncurred hy the ender even if
tSey exceed $50.00. Any attorney's fees w I be added fo the amount you owe the'lender,which may
also include other reasonable costs. If you cure the default within the~THIRTY {3II) DAY oeriod~ yon
will not be reouired to nay attorney's tees. '
CJTHF. R I.I~.NFH~R RF. MEI~I~g.. The lender may also sue you personally for the unpaid principal
balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHF. R II~F'S SALF~ If you have riot cured the default
within the THIR.TY {30) DAY period and foreclosure proceedingshave begun, you still have the ri~,hr
to cure the default and nrevenr the gale at any time un tn one hour before t~e Sheriff's Sale. You m~¥
do so by navina the mt,il amount then hast due. nlus-anv late or other chaca~ then due. reasonah[, -
EARl JF_gT l~qgglRI.E gHERIFF'g gAl.~ DATF. - It is estimated that the earliest date thar such a
~3~r]~ S~gf~e~ort~age4 prop?~ coul0 ~e held would ~e app a l, si~ (~) mon~ nm
m= ua~ m mm ~o~. ~ not~ce ottne a~l aate of the Sheriff's Sale will he'sent io'you be~
sale. Of co~se, the amount needed to cure the ddault w/Il increase the longer you wait. You ma~ find
out at any time exactly what the requi~ payment or action will be by contactfng the lender. -
HOW TO CO~A~ ~E I.F. MDER~
Name of Lender:
Address:
Phone Number:
Fax Number:
Contact Person:
Wells Fargo Home, Mortgage, Inc.
5024 ParKway Plaza Blvff.
Charlotte, NC 28217
1-800-766-0987
704-423-4016
Tanisha Robinson
t~FFECT O1~ g, HERll~'fi g~,I.l~ - Yo,u should realize that a Sheriff's Sale will end your ownership of
e m.?,rtgaRea property anu your r gut to occupy it. [f you continue to live in the property after the
Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could b~ started by
the lender at any time.
ASSUMPTION OF MORTGAGE - You may or ma}, not sell or transfer your home to
a buyer or transferee who will assume the mortgage debt,~'ided that all th -"
charges and attorney's fees and c a o ,,.~;,q ,,,; ....... -..u_ , J , e. outs. tand~ng.paymenrs,
of the mortgage are'satisfied, osts _r_ r-.~ ~- ..... ,, ux ~L Lng sale ann tnat the other reqmrements
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 'I'O PAY OFF
THIS DEBT.
· TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
· TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT
HAD OCCURRED~ IF YOU CURE THE DEFAULT. (HOWEVE.R.~ YOU, DO NOT HAVE
THIS RIGHT TO (.URE YOUR DEFAULT MORE 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 DEFENSE YOU BEI.IEVE YOU MAY HAVE TO SUCH
ACTION BY THE LENDER.
· TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
APPENDIX C
PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
CUMBERLAND COUNTY
CCCS of Western Pennsylvania, [nc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
FAX# (717) $41-4670
Financial Counse~ngServices of Franklin
31 West 3rd Street
Waynesbom, PA 17268
(717) 762-3285
Urban Lcaguc of Mcrmpolitan Harrisbu~
N. 6th Street
Harrisburg, PA 17101
(717) 234-5925
FAX# (717) 234-9459
YWCA of Carlisle
301 G Street
Carlisle, PA 17013
(717)243-3818
FAX# (717) 731-9589
Community Action Commission of the Capital Region
1514 Derry Street
Harrisburg, PA 17'104
(717} 232-9757
FAX# (717) 234-2227
Adams County Housing Authority
139-143 Carlisle St.
Gettysburg, PA 17325
(717) 334-1518
FAX (717} 334-8326
The Pennsylvania Housing Finance Agency can be reached TOLL FREE at 1 (800) 342-2397.
Mark J. Udren, Esquire, hereby states that he is the attorney
for the Plaintiff, a corporation unless designated otherwise; that
he is authorized to take this Verification and does so because of
the exigencies regarding this matter, and because Plaintiff must
verify much of the information through agents, and because he has
personal knowledge of some of the facts averred in the foregoing
pleading; and that the statements made in the foregoing pleading
are true and correct to the best of his knowledge, information and
belief and the source of his information is public records and
reports of Plaintiff's
this statement herein
Pa.C.S. Section 4904
authorities.
agents. The undersigned understands that
is made subject to the penalties of 18
relating to unsworn falsification to
Mark J.
MARK J.
Udren, ESQUIP~E
UDREN &ASSOCIATES
SHERIFF'S RETURN - REGULAR
CASE NO: 2001-02924 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLJ%ND
WELLS FARGO HOME MORTGAGE INC
VS
FLEAGLE HOMER W ET AL
DEP SHANNON SUNDAY , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
FLEA~L~ CRYSTAL J the
DEFENDANT , at 1630:00 HOURS,
at 5 PARK CIRCLE
NEW~;ILLE, PA 17241
CRYSTAL FLEAGLE
a true and attested copy of
on the 24th day of May , 2001
by handing to
COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this JD~ day of
~ ~(~! A.D.
t P~othonot a ry
So Answers:
R. Thomas Kline
05/25/2001
MARK J. UDREN
SHERIFF' S RETURN -
CASE NO: 2001-02924 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
W~T.T..q FARGO HOME MORTGAGE INC
VS
FLEAGLE HOMER W ET AL
REGULAR
DEP SHANNON SUNDAY , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
FLEAGLE HOMER W the
DEFENDANT , at 1630:00 HOt/RS,
at 5 PARK CIRCLE
NEWVIT.~.~., PA 17241
CRYSTAL FLEAGLE
a true and attested copy of COMPLAINT -
on the 24th day of May , 2001
by handing to
MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 7.44
Affidavit .00
Surcharge 10.00
.00
35.44
Sworn and Subscribed to before
me this 3D~ day of
-~! A.D.
P~ro% honor a ry
So Answers:
R. Thomas Kline
05/25/2001
MARK J. LTDREN
Deputy Sheriff
~ j. UDREN & ASSOCZATBS
BY: Mark J. ud.~en, Esquire
ATTY Z.D. HO. 04302
1040 N. ~NGS HIGRWAY, SUITE 500
CHERRY HILL, NJ 08034
856-482-6900
Wells Fargo Home Mortgage,
Inc.
f/k/a Norwest Mortgage, Inc.
Plaintiff
Homer W. Fleagle
Crystal J. Fleagle
Defendant(s)
ATTORNEY FOR pLAINTIFF
COURT OF Co~ON PLEA~
CIVIL DIVISION
Cumberland County
NO. 01-2924 Civil Term
To the Prothonotary:
Kindly note on the record that the above Defendants, Homer W.
Fleagle and Crystal J. Fleagle have filed a chapter 7 Bankruptcy in
the Middle District of Pennsylvania on May 29, 2001, Bankruptcy
case no. 01-03085.
/~r '~n, Esquire
MARK J. UDREN &ASSOCIATES
Attorney for Plaintiff
~. UDRBN & &SSOC~AT~S
JL~B.E J~.rk ~. ~d~en, Esquire
&TTY I.D. HO. 04302
1040 N. KIHGS HIGHWAY, SUITE S00
CH~'B.F-Y HILL, N~ 08034
wells FargO
I~C.
f/k/a Norwest Mortgage, Inc.
Plaintiff
Homer W. Fleagle
Crystal J' Fleagle
Defendant(S)
ATTO'B.H~Y FO~ pLA~NT~YF
coURT OF COT~4ON pLEAS
CIVIL DIVISION
Cumberland County
~NO. 01-2924 civil Term
To the Prothonotary:
Kindly note on the record that the plaintiff has obtained relief
from stay in the Defendant'S Chapter 7 Bankruptcy case# 01-03085.
Mark J. Udren, Esquire
MARK J. UDREN & AssoCIATES
Attorney for plaintiff
Docket tor ~ase: "+ ~jetcase~oU -~" [" ~- L/k-t I ypelaxpanOl, m.gsDgt I YPe) q' ") l'agc t ox r
Bankruptcy Docket Report
1 01-03085 (Harrisburg)
FLEAGLE, HOMER W and FLEAGLE, CRYSTAL J
Docket items entered between 01/01/1931 and 07/16/2001
Filing
Date
05/29/01
06/07/0
06/07101
06/15101
06/27101
06/28101
07/06/01
Docket Entry
VOLUNTARY PETI'IIOlq under Chapter 7, Matrix and all Schedules/Statementa [EOD
0S/29/01l [KZ]
; OF MAILING of notice of 341 me~dng. [EOD 06/07/01 ]
~r relief from amy r~: WELLS FARGO HOME MORTGAGE, INC. {FEE PAID, REC
$75.00) [Diaposod] [£OD 06/07~r?016J~L017101 JR
REQUEST for admission Re: Itam # 3. ~ ] [ ] JR
CERT~ tCATE OF NON-CONC~CE Re: Item # 3. [EOD 06/07/01 ] [ ]
ORDER. that anawtna amdu¢ on 06/27101 Re: limn # 3. [EOD 06/07/01] [JR]
,f a~vic¢ Ko: Item # 4. [EOD 06/15/01 ] I JR]
Am~nctmont to Seh~lul~(s): DEBTOR'S STATEMENT OF INTENTION Re: It~n # 1. [EOD
06/28/011
nuprin8 held. [EOD 06/28/01] [DS]
FINAL REPORT of Tmst~ in No Aaa~t Ca~ [EOD 06/28/01] [DS]
~ for de, fault judgmmt Ro: Itmn# 3. [Di~poa~l] [EO D 07/06/01 ] [JR]
ORDER granting default judgment 1~: lmn# 9. [EOD 07/06/01] [JR]
ORDER granting rolicf from stay Re: Ima # 3. [EOD 07/06/01 ] [JR]
t~ Need help? Try the PACER User's Guide
~lPac~ Service Center
.../npacer?ExecThis=docket&Puid=OO99 5 310860&case--n°--2001'O3085&°ffice=l &DktTypd)7 /1712001
MARK J. UDXEN & ASSOCIATES
BY: Mark J. u4ren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, sUITE 500
CHEP-RY HILL, NJ 08034
856-482-6900
Wells Fargo Home Mortgage,
Inc.
f/k/a Norwest Mortgage, Inc.
5024 Parkway Plaza Blvd.
Charlotte, NC 28217
Plaintiff
Homer W. Fleagle
Crystal J- Fleagle
5 Park Circle
Newville, PA 17241
Defendant (s)
ATTORNE~ FOR pLAINTiFF
' cOURT OF COMMON PLEAS
: CIVIL DIVISION
'Cumberland County
~ MORTGAGE FORECLOSUR~
: NO. 01-2924 Civil Term
pP~ECIPE FOR W~IT OF EXECUTION
TO THE SHERIFF:
Issue Writ of Execution in the above matter:
A~ount due
Interest From S~.p~lber 1.
to Date of Sale
Per diem ~$19.22
(Costs to be added)
k~R~EY FOR PLAINTIFM~rkJ' ~dren, ESQUIR~
MARK J. UDREN & ASSOCIATES
BY: Mark J. Udren, Esquire
ATTX I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHEP-~Y HILL, NJ 08034
856-482-6900 ~
wells Fargo Home Mortgage,
Inc.
f/k/a Norwest Mortgage, Inc.
5024 Parkway Plaza Blvd.
Charlotte, NC 28217
Plaintiff
Homer W. Fleagle
Crystal J. Fleagle
5 Park Circle
Newville, PA 17241
Defendant(s)
ATTORNEY FOR PLAINTIFF
cOURT OF CO~4ON PLEAS
~ CIVIL DIVISION
· Cumberland County
MORTGAGE FORECLOSURE
NO.
01-2924 Civil Term
WRIT OF ~T~CUTION
TO THE SHERIFF OF Cumberland coUNTY:
To satisfy the judgment, interest and costs in the above matter, you
are directed to levy upon and sell the following described property:
5 Park Circle
Newville, PA 17241
SEE LEGAL DESCRIPTION ATTACHED
Amount due
Interest From S~pt~mbe~ ~. 2001
to Date of Sale ~
Per diem O$19.22
(Costs to be added)
Prothonotary
By
Clerk
Date
COURT OF CO~ON PLEAS
NO. 01-2924 Civil Term
Wells Fargo Home Mortgage,
f/k/a Norwest Mortgage,
VS.
Homer W. Fleagle
Crystal J. Fleagle
Inc.
Inc.
WRIT OF EXECUTION
REAL DEBT
$ 103.487.10
INTEREST $ ~.84~.1~
from Sep~,mBer 1. 2001 to
Date of Sale ~
Per diem ~$19.22
COSTS PAID:
PROTHY
SHERIFF
STATUTORY $.
COSTS DUE PROTHY. $
PP..EMISES TO BE SOLD:
I.~._a~ f~Udren, ESQUIRE
I~U~K J.'UDHEN &ASSOCIATES
~1040 NORTH KIN~S HIGHWAY
~UITE 500
~HERRY HILL, NJ 08034
(856} 482-6900
ALL TEOSE TWO CERTAIN TRACTS OF LAND SITUATE IN NORTR NEWTON TOWNSHIP, CUMBERLAND
COUNTY, pENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS~ TOGETHER
WITH T~E IMPROVF/4F, NTS THEREON RRECTED~
TRACT NO. 1:
BEGINNING AT A POINT ON TEE NOHT~ LINE OF PA~-K CIRCLE DEIVE AS SHOWN ON T~E
HEREINAFTER MENTIONED PLAN OF LOTS, W~iCE POINT IS AT LINE OF LOT NO. 2 ON SAID
FLAN~ THENCE BY THE NOBTEENN LINE OF PA~U~ CIRCLE, SOUTH SEVENTY-ONE (71) DEGREES
WEST, NINETY (90) FEET TO A POINT AT LINN OF LAND NOW OB FORMERLY OF WILLIAM
GRAHAM~ THENCE BY SAiD LAND, NORTH TWENTY (20) DEGREES THIRTY (30) MINUTES EAST,
ONE BD'RDBED (100) FEET TO A POINT ON THE SOuT~B~.N LINE OF A $3-F00T K0~,D~ THENCE BY
THE SOuthERN LIllE OF SAID BOAD, NORTH SEVENTY-ONE (71) DEGREES EAST, NINETY (90)
FEET TO A POINT AT LINE OF LOT NO. 2~ THENCE BY THE LINE OF LOT NO. 2, SOu-~-a TWENTY
(20} DEGREES THIRTY (30) MINUTES WEST, NINETY (90) FEET TO A POINT, THE PLACE OF
BEGINNING.
BEING LOT NO. I ON TEE pLAN OF LOTS KNONN AS PAF-K CIBCLE, W~ICH PLA~ IS BECOP. DED IN
THE OFFICE OF THN RECORDER OF DEEDS IN AND FOE CUMBERLAND COUNTY, IN pLAN ROOK 12,
PAGE 49.
TRACT NO. 2:
BEGINNING AT A POINT ON THE NORTH LINE OF PA~-K CIRCLE DRIVE AS SHONN ON THE
HEREiNAfTER M~NTIONED pLAN OF LOTS, WHICH POINT IS IN THE DIVIDING LINE BETWEEN
LOTS NO. i AND 2 AS SHOWN ON SAID FLAN~ SAID LOT NO. I BRING NOW OR FORMHKLY OWNED
BY JACK E. LANDIS AND LARENE H. LANDIS, HIS WIFE~ THENCE BY SAID DIVIDING LINE
BY THE LINE OF OTHER LANDS NOW OK FORMERLY OF JACK E. LANDIS AND LAHENE M. LANDIS,
HIS WIFE, NORTH TWENTY (20) DEGREES THIRTY (30) MINUTES EAST, ONE HUNDP2ED (100)
FEET TO A POINT ON THE SOu-r~E~N LINE OF A 33-FOOT ROAD~ THENCE BY THE SOuw~ENN LINE
OF SAID ROAD, NORTH SEVENTY-ONE (71) DEQREES FAST, NINETY (90) FEET TO A POINT IN
TEE DIVIDING LINE BETWEEN LOTS NO. 2 A~D 3, SAXD LOT NO. 3 BEING 0W1T~D NOW OR
FORMERLY OF FOSTEN NELSON AND WIFE~ THENCE ET SA~D DiVIDiNG LINE AND BY THE LINE OF
LAND NOW OB FORMERLY OF NNLSON, SOuwn T~TENTY (20) DEGBEES THIRTY (30) MINUTES WEST,
ONE HUNDRED (100) FEET TO THE NORTHERLY LINE OF pARK CIBCLE~ THENCE BY SAM~, SOuw~
SEVENTY-O1TE (71) DEGREES WEST, NINETY (90) FEET TO THE PLACE OF BEGINNING.
BEING LOT NO. 2 ON THE pLA~ OF LOTS ENONN AS PA~X CIRCLE, WEIC~ PLAN IS RECORDED IN
THE OFFICE OF THE RECORDER OF DEEDS IN A~D FOR CUM~EKLAND COUNTY, IN PLA~ ROOK 12,
PAGE 49.
BEING KNOWN AS 5 PARK CIRCLE, NEWVILLE, PA 17241
PROPERTY ID NO.: 30-19-1683-017
TITLE OF SAID pREMISES IS VESTED IN HOMER W. FLEAGLEAND CRYSTAL J.
FLEAGLE, HUSBAND AND WIFE, BY DEED FROM RICHARD C. EBERLY AND
ARLENE F. EBERLY, HUSBAND AND WIFE. DATED 01/30/1998, RECORDED
02/02/1998, IN DEED BOOK 171, PAGE 560.
MARK J. UDREN & A~SOCIATES
BY: Mark J. Udren, Escluire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ
856-482-6900
wells Fargo Home Mortgage,
Inc.
f/k/a Norwest Mortgage, Inc.
5024 Parkway Plaza Blvd.
Charlotte, NC 28217
Plaintiff
Vo
Homer W. Fleagle
Crystal J. Fleagle
5 Park Circle
Newville, PA 17241
Defendant(s)
ATTORNEY FOR PLAINTIFF
: COURT OF CO~9~ON PLEAS
~ CIVIL DIVISION
.Cumberland County
i MORTGAGE FORECLOSURE
:
:
: NO. 01-2924 Civil Term
pRAECIPE FOR JUDgMENT FOR FAILURE TO
~S_w~ AND A~ZS9M~T OF DA~A~ES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against the
Defendant(s) for failure to file an Answer to Plaintiff's Complaint
within 20 days from service thereof and for foreclosure and sale of the
mortgaged premises, and assess Plaintiff's damages as follows:
As set forth in Complaint
Interest Per Complaint
From 4/27/01 to 8/31/01
Late charges per Complgin~
From 4/27/01 to 8/31/01
Escrow payment per Complaint
From 4/27/01 to 8/31/01
TOTAL
$100,418.16
2,440.94
132.72
I here~ certify that (1) the addresses of the Plaint%ff ~d
Defendant are as sho~ ~ove, and (2) ~hat notice.~s, be~ given in
accordance with Rule 237.1, a copy of whxch is attacne~ hereto.
DATE: ~- ~'al ~(~'t6~ '
PRO PROTHY
~ C~rn
MARK J. ~DHEN & ASSOCIATES
BY: M~rk J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINOS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
856-482-6900
W~I~s Fargo Home Mortgage, Inc.
f/k/a Norwest_~ortg~e~ Inc.
5024 Parkway p£aza ~lv~.
Charlotte, NC 28217
Plaintiff
Vo
Homer W. Fleagle
Crystal q. Fleagle
5 Park Circle
Newville, PA 17241
Defendant(s)
ATTORNEY FOR PLAINTIFF
COU~T OF CO~ON PLEAS
CIVIL DIVISION
Cumberland County
NO. 01-2924 Civil Term
DATED:
TO:
August 20, 2001
Homer W. Fleagle
5 Park Circle
Newville, PA 17241
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH A~AINST
YOU. UNLESS YOU ACT WITHIN TEN DAYS F~OM THE DATE OF THIS NOTICE,
A JUDC4~T MAY BE ENTEP, ED AGAINST YOU WITHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAK~ THIS
NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT
AFFORD ONE, ~O TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT
WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
C.o. unty Bar Association
Cumberlan2~ Liberty Avenue
Carlisle, PA 17013-3387
717-249-3166 or 800-990-9108
USTED SE ENCUENTHA EN ESTADO DE REBELDIA POR NO HA~ER TOMADO LA
ACCION P~EQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION
DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION,
EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN COHTE O
ESCUCHAR PREUBA AL~UNA, DICTAR SENTENCIA EN SU COh'r~A, USTED PUEDE
PEP, DER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA
NOTIFICACION A UN ABOGADO I~LEDIATAMENTE SI USTED NO TIENE ABOGADO,
O SI NO TIENE DINERO SUFICIENTE PARA TAL SEHVICIO, VAYA EN PERSONA
O LLAME POE TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTHA
ESCHITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA
LEGAL.
SERVICIO DE REFERENCIA LEGAL
LAWYER ~EFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013-3387
717-249-3166 or 800-990-9108
NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS
LAW FIRM IS DE~ TO BE A DEBT COLLECTOR AND THIS IS AN ATT~(PT TO
COLLECT A DEBT. ~ INFORMATIOH OBTAIAsm WILL BE USED FOR THAT
PURPOSE.
liARE J. UDREN & ASSOCIATES
BY: MaEk J. Udren, Esquire
ATTY I.D. HO. 04302
1040 N. HINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
~86-482-6900
Wells Fargo Home Mortgage, Inc.
f/k/a Norwest Mortgage, Inc.
5024 Parkway Plaza Bird.
Charlotte, NC 28217
Plaintiff
v.
Homer W. Fleagle
Crystal q. Fleagle
5 Park Circle
Newville, PA 17241
Defendant(s)
ATTORNEY FOR PLAINTIFF
COURT OF CO~ON PLEAS
CIVIL DIVISION
cumberland County
NO. 01-2924 civil Term
DATED: August 20, 2001
TO: Crystal q. Feagle
5 Park Circle
Newville, PA 17241
ZMp_OHT..A.NT_.NDTZ-CH
YOU ARE IN DEFAULT BECAUSE YOU RAVE FAILED TO ENTER A WRITTEN
APPF2%RANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH ~AINST
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,
A JODC4~ENTMAY BE ENTERED AOAINST YOU WITHOUT A HEARING AND YoU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULd3 TAKE THIS
NOTICE TO ALAWYER AT ONCE. IF YOU DO NOT RAVE A LAWYER OR CANNOT
A~FORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT
WHERE YOU CAN GET LEC~AL HELP.
LAWYER REFERRAL SERVICE
cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013-3387
717-249-3166 or 800-990-9108
USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA
ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION
DEBIDA DEh'£KO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION,
EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE O
ESCUCHAR PREUBAALOUNA, DICTARSE~'r~/qCIAEN SU CO~'r~A, USTED PUEDE
PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA
NOTIFICACION A UNABOOADO I~DIATAMENTE SI USTEDNO TIENEABOC4~DO,
O SI NO TIENE DINERO SUFICIENTE PA~A TAL SERVICIO, VAYA EN PERSONA
O LLAME POE TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA
ESCRITAABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIRASSISTENCIA
LEC4~L.
SERVICIO DE REFERENCIA LEC4~L
LAWYER REFERRAL SERVICE
Cumberland ~unty Bar Association
2 Liberty Avenue
Carlisle, PA 17013-3387
717-249-3166 or 800-990-9108
NOTICE~ pURSUANT TO THE FAIR DEBT COLLECTION PRACTICEB ACT, THIS
LAW FIRM IS DE~-r, TO BE A DEBT COLLECTOR AHD THIS IS AN ATT~iPT TO
COLLECT A DEBT. ~ INFORMATION OBTAINED WILL BE USED FOR THAT
pURPOSE.
MARK J. UDP.~N& ASSOCIATES
BY= Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 W. KII~gS HIGHWAY, SUITH 500
856-482-6900
Wells Fargo Home Mortgage,
Inc.
f/k/a Norwest Mortgage, Inc.
5024 Parkway Plaza Blvd.
Charlotte, NC 28217
Plaintiff
Homer W. Fleagle
Crystal J. Fleagle
5 Park Circle
Newville, PA 17241
Defendant (s)
ATTORNEY FOR PLAINTIFF
COURT OF CO~ON PLEAS
CIVIL DIVISION
Cumberland County
MORTGAGE FORECLOSURE
NO. 01-2924 Civil Term
AFFIDAVIT OF NON-MILITARY SERVICE
STATE OF :
: SS
COUNTY OF :
THE UNDERSIGNED being duly sworn, deposes and says that the
avements herein are based upon investigations made and records
maintained by us either as Plaintiff or as servicing agent of the
Plaintiff herein and that the above Defendant(s) are not in the
Military or Naval Service of the United States of America or its
Allies as defined in the Soldiers and Sailors Civil Relief Act of
1940, as amended, and that the age and last known residence and
employment of each Defendant are as follows:
Defendant:
Age:
Residence:
Employment:
Defendant:
Age:
Residence:
Employment:
Homer W. Fleagle
Over 18
As captioned ab~
Unknown /
Crystal J. Fl~.agle
Over 18
As captioned ~[bove
Ul'tknown
Sworn to and subscribed
MARK J. DDREN & ASSOCIATES
BY= Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHEP/~Y HILL, NJ 08034
856-482-6900
Wells Fargo Home Mortgage,
Inc.
f/k/a Norwest Mortgage, Inc.
5024 Parkway Plaza Blvd.
Charlotte, NC 28217
Plaintiff
Homer W. Fleagle
Crystal J. Fleagle
5 Park Circle
Newville, PA 17241
Defendant(s)
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
MORTGAGE FORECLOSURE
NO. 01-2924 Civil Term
TO: Homer W. Fleagle
5 Park Circle
Newville, PA 17241
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby
notified that a Judgment has been entered against you in the above
proceeding as indicated below.
Prothonotary
x Judgment by Default
Money Judgment
Judgment in Replevin
Judgment for Possession
Judgment on Award of Arbitration
Judgment on Verdict
Judgment on Court Findings
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL:
ATTOP. NE¥ Mark J. Udren~ E~_c/1/ire
At this telephone number: 8~-482-~900 .
F~%~K J. UDP. EN& ASSOCIATES
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE
CHERRY HILL, NJ 08034
856-482-6900
500
ATTOR~T~Y FOR PLAINTIFF
Wells Fargo Home Mortgage, : COURT OF COMMON PLEAS
Inc. ~CIVIL DIVISION
f/k/a Norwest Mortgage, Inc. .Cumberland County
5024 Parkway Plaza Blvd.
Charlotte, NC 28217 i MORTGAGE FORECLOSURE
Plaintiff
v.
Homer W. Fleagle : NO. 01-2924 Civil Term
Crystal J. Fleagle :
5 Park Circle :
Newville, PA 17241
Defendant(s) :
PRA~CiPE FOR W~ZT OF HX~uuTION
TO THE SHERIFF=
Issue Writ of Execution in the above matter:
Amount due
Interest From September 1. 2001
to Date of Sale ~
Per diem ~$19.22
(Costs to be added)
A~OP, NEY FOR PLAINTIFM~rk J' Udren, ESQUIR~
~%RK J. UDKEN& ASSOCIATES
BY: Mark J. U~ren, Esc~uire
A'~'Tf i.D. NO. 04302
1040 N. KIN~S HIGHWAY, SUITE 500
CHE~RY HILL, NJ 08034
856-482-6900
Wells Fargo Home Mortgage,
Inc.
f/k/a Norwest Mortgage, Inc.
5024 Parkway Plaza Blvd.
Charlotte, NC 28217
Plaintiff
ATTOP~EX FOR PLAINTIFF
: COURT OF CO~9~ON PLEAS
~CIVIL DIVISION
:Cumberland County
~ MORTGAGE FORECLOSURE
Vm
Homer W. Fleagle
Crystal J. Fleagle
5 Park Circle
Newville, PA 17241
NO. 01-2924 Civil Term
Defendant(s) :
AFFIDAVIT PURSUANT TO RULE 3129.1
Wells Fargo Home Mortgage, Inc. f/k/a Norwest Mortgage, Inc., Plaintiff
in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as
of the date the Praecipe for the Writ of Execution was filed the
following information concerning the real property located at: 5 Park
Circle, Newville, PA 17241
1. Name and address of Owner(s) or reputed Owner(s):
Name Address
Homer W. Fleagle 5 Park Circle, Newville, PA 17241
Crystal J. Fleagle
5 Park Circle, Newville, PA 17241
2. Name and address of Defendant(s) in the judgment:
Name Address
SAME AS $1 ABOVE
3. Name and address of every judgment creditor whose judgment is a record
lien on the real property to be sold:
Name Address
NONE
4. Name
record:
Name
and address of the
last recorded holder of every mortgage of
Address
Plaintiff herein.
See Caption above.
Empire Funding Corp. 9737 Great Hills Trail, Austin, PA 78759
5. Name and address of every other person who has any record lien on the
property:
Name Address
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 Address
Real Estate Tax Dept.
i Courthouse Square,Carlisle, PA 17013
Domestic Relations Section 13 N. Hanover St., Carlisle, PA 17013
Commonwealth of PA,
Department of Revenue
Bureau of Compliance, Dept. 280946
Harrisburg, PA 17128-0946
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 Address
Tenants/Occupants
5 Park Circle, Newville, PA 17241
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 unsworn falsification to authorities.
DATED: August 31, 2001
ATES
Mark JV Udren, ESQ.
~:torney for Plaintiff
MARK J. UDREN &ASSOCIATES
BY: MArk J. Udren, Esquire
A'~-~'£ i.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
856-482-6900
Wells Fargo Home Mortgage,
Inc.
f/k/a Norwest Mortgage, Inc.
5024 Parkway Plaza Blvd.
Charlotte, NC 28217
Plaintiff
ATTORNEY FOR PLAINTIFF
:COURT OF CO~4ON PLEAS
~ CIVIL DIVISION
:Cumberland County
MORTGAGE FORECLOSURE
Homer W. Fleagle
Crystal J. Fleagle
5 Park Circle
New~ille, PA 17241
Defendant(s)
NO.
01-2924
Civil Term
TO: Homer W. Fleagle
5 Park Circle
Newville, PA 17241
Your house (real estate) at 5 Park Circle, Newville, PA 17241 is
scheduled to be sold at the Sheriff's Sale on December 5, 2001, at 10:00
A.M. in the Cumberland County Courthouse, I Courthouse Square, Carlisle,
PA, to enforce the court judgment of $103,487.10, obtained by Plaintiff
above (the mortgagee) against you. If .the sale is postponed, the
property will be relisted for the Next Available Sale.
To prevent this Sheriff's Sale, you must take ~dm~m4~temr.~
1. The sale will be cancelled if you pay to the mortgagee the back payment, late
charges, costs and reasonable attorney's fees. To find out how much you must pay,
you may call: /~Sf~~
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 rights. The sooner you contact one, the
more chance yon 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 856-482-6900.
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 856-482-6900.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain
the owner of the property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is
paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer
may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house.
A schedule of distribution of the money bid for your house will be filed by the Sheriff
within 30 days after 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 Schedule of Distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home
hack, if you act immediately after the sale.
YOU SHOULD TAEE THIS PAPER TO YOUR LAW~ER AT ONCe. IF YOU DO NOT HAV~ A LAWI~F~ OR
CANNOT AFFONO C~, ~0 TO OR T~T-~HC~ ~us OFFIC~ LISTTM) ERLON TO FII4D OUT ~ZJ~K~ YOU CAN
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013-3387
717-249-3166 or 800-990-9108
ASSOCIATION DE LICENCIDADOS DE FILADELFIA
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013-3387
717-249-3166 or 800-990-9108
ALL THOSE TWO CENTAIN TP-ACTS OF LAND SITUATE IN NORTH NEWTON TOWNSHIP, CUMBERLAND
COUNTy, PENNSYLVANIA, MORE PARTICULARLY HOUnDeD AND DESCRIBED AS FOLLOWS= TOGETHER
WITH THE IMPROVEMENTS THEREON ERECTED;
TP, ACT NO. 1~
BEGINNING AT A POINT ON TNE NORTH LINE OF PAR~ CIRCLE DRIVE AS SHOWN OW THE
HEREINAFTER MENTIONED PLA~ OF LOTS, WHICH POINT IS AT LINE OF LOT NO. 2 ON SAID
PLAN; THENCE BY THE NORTEEWN LINE OF PAF. K CIRCLE, SOu-&~ SEVENTy-ONE (71) DEGREES
WEST, NINETY (90) FEET TO A POINT AT LINE OF LAND NOW OK FOP~MEHLY OF WILLIAM
GP. AHAM; THENCE BY SAID LAND, NORTH TWENTy (20) DEGREES THIRTY {30) MINUTES EAST,
ONE HUNDRED (100) FEET TO A POINT ON THE SOuw~ERN LIN~ OF A 33-FOOT ROAD~ THENCE BY
THE SOUTHERN LINE OF SAID ROAD, NORTH SEVEN~"~-ONE (71) DEGREES EAST, NINETY (90)
FEET TO A POINT AT LiNE OF LOT NO. 2~ THENCE BY THE LINE OF LOT NO. 2, SOUTH TWENTy
(20) DEGREES THIRTY (30) MINIFTES WEST, NINETY (90) FEET TO A POINT, THE PLACE OF
BEGINNING.
BEING LOT NO. I ON TNE PLAN OF LOTS WNOWN A~ PAHK CIRCLE, WHICH PLAN iS RECORDED IN
THE OFFICE OF THE RECOEDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, IN PLAN BOOK 12,
PAGE 49.
TP. ACT NO. 2:
EEGIWNIN~ AT A POINT ON THE NORTH LINE OF PA~,K CIRCLE DRIVE AS SHOWN ON THE
HEREINAFTER MENTIONED PLAN OF LOTS, WHICH POINT IS IN THE DIVIDING LIN~ BETWEWN
LOTS NO. i AND 2 AS SHO~ ON SA~D p~ SAID LOT NO. 1
BY JACK E. ~IS ~ ~E M. ~IS, WIS WIFE~ ~CE BY SAID D~IDi~
BY ~E LINE 0F O~EK ~S NOW OK FO~y OF JACK E. ~S ~ ~ M. ~IS,
~IS WIFE, ~ ~y (20) DEGREES ~i~TY (30) MX~ES ~T, O~ ~H~ (100)
FEET TO A POI~ ON ~E SO~H~ LINE OF A 33-FOOT
OF SAID HO~, NOHTH S~-O~ (71) DE,HERS ~T, NI~ (90) FEET TO A POI~ IN
THE DiVIDiN~ L~ BE~E~ LOTS NO. 2 ~ 3, SA=D LOT NO.
FOX,ELy OF FOSTER ~LSON ~ WIFE~ TH~CE BY SAID D~IDING LI~ ~ BY ~E LI~ OF
~ NOW OH FO~RL~ OF NELSON, SOuw~ ~ (20) DE~REES THI~ (30) MI~ES WEST,
ONE ~H~ (100) FEET TO ~E NO~ERLy LI~ OF P~ CIRCLE~
S~Y-O~ (71) DE~HEES ~ST, Ni~y (90) FEET TO
·EING LOT NO. 2 ON ~E P~ 0F LOTS ~O~ ~ p~ CIRCLE, ~iCH P~ IS ~CO~ IN
~E OFFICE OF ~E ~ECO~ER OF DE~S IN ~ FOR ~EH~ CO~, IN ~ BOOK 12,
P~E 49.
BEING KNOWN AS 5 PARK CIRCLE, NEWVILLE, PA 17241
PROPERTY ID NO.: 30-19-1683-017
TITLE OF SAID PREMISES IS VESTED IN HOMER W. FLEAGLEANDCRYSTALJ.
FLEAGLE, HUSBAND AND WIFE, BY DEED FROM RICHARD C. EBERLY AND
ARLENE F. EBERLY, HUSBAND AND WIFE. DATED 01/30/1998, RECORDED
02/02/1998, IN DEED BOOK 171, PAGE 560.
MARK J. UDREN & ASSOCIATES
BY: Mark J. U~lren, Esquire
ATTY I.D. NO.04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
856-482-6900
Wells Fargo Home Mortgage,
Inc.
f/k/a Norwest Mortgage, Inc.
5024 Parkway Plaza Blvd.
Charlotte, NC 28217
Plaintiff
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
MORTGAGE FORECLOSURE
Homer W. Fleagle
Crystal J. Fleagle
5 Park Circle
Newville, PA 17241
:
:
01-2924 Civil Term
Defendant(s) :
CERTIFICATE TO THE SHERIFF
I HEREBY CERTIFY T~AT:
The judgment entered in the above matter is based on an Action:
__._A. In Assumpsit (Contract)
__B. In Trespass (Accident)
_~_C. In Mortgage Foreclosure
__.D. On a Note accompanying a purchase money mortgage and the property
being exposed to sale is the mortgaged property.
II. The Defendant(s) own the property being exposed to sale as:
An individual
Tenants by Entireties
Joint Tenants with right of survivorship
A partnership
Tenants in Common
A corporation
III. The Defendant(s) is (are):
XA.
B.
Resident in the Commonwealth of Pennsylvania
Not resident in the Commonwealth of Pennsylvania
If more than one Defendant and either A or B above is not applicable,
state which of
Pennsylvania.
Resident:
Defendant __is ~onwealth
~>~ Udren, ESQUIP~
Address & I.D. # as above
NARK J. UDREN & ASSOCIATES
BYE Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHE~Y HILL, NJ 08034
856-482-6900
Wells Fargo Home Mortgage,
Inc.
f/k/a Norwest Mortgage, Inc.
5024 Parkway Plaza Blvd.
Charlotte, NC 28217
Plaintiff
Homer W. Fleagle
Crystal J. Fleagle
5 Park Circle
Newville, PA 17241
Defendant(s)
ATTOP. NEY FOR PLAINTIFF
:COURT OF CO~40N PLEAS
i CIVIL DIVISION
:Cumberland County
- MORTC4%GE FORECLOSURE
NO. 01-2924 Civil Tem
CERTIFICATE
Mark J. Udren, Esquire, hereby states that he is the attorney for
the Plaintiff in the above-captioned matter and that the premises are not
subject to the provisions of Act 91 because it is:
Sec.
)
)
)
(x)
( )
An FHA insured mortgage
Non-owner occupied
Vacant
Act 91 procedures have been fulfilled.
Over 24 months delinquent.
This certification is made subject to the penalties of
4904 relating to unsworn falsification to authorities.
A~P, NEY FOR PLAINTIFF
18 Pa.
~R~ J. UDREN & ASSOCIATES
BY:' Mark j. Udren
ATT~ I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRy HILL, NJ 08034
8~6-482~6900
Wells Fargo Home Mortgage,
Inc.
f/k/a Norwest Mortgage, Inc.
5024 Parkway Plaza Blvd.
Charlotte, NC 28217
Plaintiff
Homer W. Fleagle
Crystal j. Fleagle
5 Park Circle
Newville, PA 17241
Defendant (s)
: COURT OF CO~ION PLEAS
:' CIVIL DIVISION
: Cumberland County
:
." NO.
01-2924 Civil Term
ATTORNey FOR PLAINTIFF
· -FFIDAVIT OF SERVICE PURSUANT TO Pa-R.C.P.RULE 3129.1
Plaintiff, by its/his/her Attorney, Mark J. Udren, Esquire, hereby verifies
that:
1. A copy of the Notice of Sheriff,s Sale,
is attached hereto as Exhibit "A", was sent t~true and Correct ~opy of which
every other interested every recorded llenholder and
Praecipe for the Writ of party .known as of the date of .the filing of the
Certificates of Mailing. EXecution, on the date(s) appearing on the attached
2. .A.Notic~ of Sheriff.s Sale wa .
~rtl~led ~all on the date = ..... ~_sent to Defendant(s) by re-,,~ .... ~- .
was Signed for b~ De~-~-~~ng on the attached Re~r-
Receipt. Co~. L~ =~=~u~%s; on the date -~-~ ' ~..-~=lp~, which
Exhibit ,,m,, m~=~ u~ =ne said Notice and Return 'm~t~== on u~e said Return
- · --Receipt are attached hereto as
3. If a Return Receipt ~s not attached hereto, then service was by personal
~erv~ce on t~e date specified on the attached Return of Service, attached
hereto as Exhibit B".
4. If service was by Order of Court, then proof of compliance with said
Order is attached hereto as Exhibit "B".
Ail Notices were served within the time limits set forth by Pa Rule C.P.
3129.
This Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904
relating to unSWorn falsification to authorities.
Dated: November 26, 2001
MARK J. UDREN & ASSOCIATES
BY:~
Mark J. Udren, Esquire
Attorney for Plaintiff
F. ARK J. UDREN & ASSOCIATES
BY= Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHEERy HILL, NJ 08034
~56-482-6900
Wells Fargo Home Mortgage,
Inc.
f/k/a Norwest Mortgage, Inc.
5024 Parkway Plaza Blvd.
Charlotte, NC 28217
Plaintiff
Homer W. Fleagle
Crystal j. Fleagle
5 Park.Circle
Newville, PA 17241
De f endant (s)
ATTOI~ FOE PLAINTIFF
COURT OF CO~ON PLEAS
CIVIL DIVISION
Cumberland County
NO. 01-2924 Civil Term
DATE: September 7, 2001
TO= ALL PARTIES IN INTER~ST AND CLAIF~S
NOTICE OF SHERIFF'S SALE
OWNER(S): HOMER W. FLEAGLE & CRYSTAL J. FLEAGLE
PROPERTy= 5 Park Circle Newville, PA 17241
Improvements= RESIDENTIia-L DWELLING
The above captioned property is scheduled to be sold at the
~ County Sheriff,s Sale on ~e~end~er 5. 2o01, at 10:00
A.M., at the CUMBERS' COUNTY COURTHOUSE, I COURTHOUSE SQUARE,
CARLISLE, PA. Our records indicate that you may hold a mortgage
or Judgment on the property which will be extinguished by the sale.
You may wish to attend the sale to protect your interests.
A Schedule of Distribution will be filed b '
~ecl~led by the Sheriff n~ ~ ...... y the Sheriff on a date
mlstrlbution will b- -~- : ~ ~=u~r =nat 30 days after sale,
. ~ ,,,~u= ~n accordance with the schedule unless
exceptions are filed thereto within 10 days after the filing of the
schedule.
EXHIBIT A
STATE OF PENNSYLVANIA,
COUNTY OF CUMBEltIAND
Robert P ~-le$1er
I, ............................................................................. R, ccordcr d
Deeds in and for said Count), and State do'herchy certify that thc Sheriff's Dced in which ................
I~El18 Fargo Home Mtg Mtg Inc fka Norwest Htg Inc
.................................................................................... is thc grantee
5th
the sam~ having been sold to said grantee oa the ............................................... day of
Dec 01
........................................ A. D.,; ..... , under end b~ virtue of a writ ..............
Execution 6th
................................................ hued ou thc .....................................
Sept O1
day ~ .......................... A.D., .... ~ out d the Oourt d Comman Ple~ d raid ~ounty'~ d
Civil
2924 ~/ells Fargo Home Mtg Inc fka Norvest Htg Iuc
Number .............. ~ at thc suit d ..................................
873
duly monied in Sheriff's Deed Book No ........ 2__5_0._, Page .............
01
IN TESTIMONY WHEREOF, I have hereunto
set my hand and scal of said office this ___3..~_._ day
of .... ...........
Wells Fargo Home Mortgage, Inc. f/Ida
Norwest Mortgage, Inc.
VS
Homer W. Fleagle and Crystal J. Fleagle
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2001-2924 Civil Term
Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that
on Sept. 12, 2001 at 4:20 o'clock P.M., E.D.S.T., he served a true copy of the within Real
Estate Writ, Notice, and Description, in the above entitled action, upon the within named
defendant, to wit: Homer W. Fleagle, by making known unto Crystal Fleagle, adult in
charge, at 5 Park Circle, Newville, Pennsylvania, its contents and at the same time
handing to her personally the said true attested copy of the same.
Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that
on Sept. 12, 2001 at 4:20 o'clock P.M., E.D.S.T., he served a true copy ofthe within Real
Estate Writ, Notice, and Description, in the above entitled action, upon the within named
defendant, to wit: Crystal J. Fleagle, by making known unto Crystal Fleagle, at 5 Park
Circle, Newville, Pennsylvania, its contents and at the san~e time handing to her
personally the said true attested copy ofthe same.
Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states
that on Oct. 04, 2001 at 9:45 A.M., E.D.S.T., he posted a true copy of the within Real
Estate Writ, Notice, Poster and Description, in the above entitled action, upon the
property of Homer W. Fleagle and Crystal J. Fleagle, located at 5 Park Circle, Newville,
Pennsylvania, according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law says he served
the above Real Estate Writ, Notice, Poster and Description in the following manner: The
Sheriff mailed a notice of the pendency of the action to one of the within named
defendants to wit: Homer W. Fleagle, by regular mail to his last known address, 5 Park
Circle, Newville, PA 17241. This letter was mailed under the date of October 8, 2001
and never returned to the SheriWs 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
Sheriffmailed a notice of the pendency of the action to one of the within nan~ed
defendants to wit: Crystal J. Fleagle, by regular mail to her last known address, 5 Park
Circle, Newville, PA 17241. This letter was mailed under the date of October 8, 2001
and never returned to the ShefiWs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states
that after due and legal notice had been given according to law, exposed the within
described premises at public venue or outcry at the Court House, Carlisle, Cumberland
County, Pennsylvania, on December 5, 2001 at 10:00 A.M., EST. He sold the same for
the sum of $1.00 to Attorney Frank Federman for Wells Fargo Home Mortgage, Inc. f/ida
Norwest Mortgage, Inc. It being the highest bid and best price received for the same,
Wells Fargo Home Mortgage, Inc. f/ida Norwest Mortgage, Inc. of 405 SW 5th Street,
Des Moines, IA 50328, being the buyer in this execution paid SheriffR. Thomas Kline
the sum of $1,136.85, it being costs.
Sheriff's Costs:
Docketing $30.00
Poundage 22.29
Advertising 30.00
Posting Bills 30.00
Acknowledging Deed 30.00
Auctioneer 10.00
Prothonotary 1.00
Law Library .50
Mileage 14.30
Certified Mail
Levy 30.00
Surcharge 40.00
Postpone Sale
Law Journal 483.95
Patriot News 337.65
Share of Bills 25.66
Distribution of Proceeds 25.00
Sheriff's Deed 26.50
$1,136.85
Sworn and subscribed to before me
This b~ day offal__
2001, A.D. (-~-.-. /~, ~'~. ~
l~ro{h0notary
R. Thomas Kline, Sheriff
--Real Estate Deputy
MARK J. UDREN& ASSOCIATES
BY: Mark J. Udren, Esquire
A'~-~'Y I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
856-482-6900
Wells Fargo Home Mortgage,
Inc.
f/k/a Norwest Mortgage, Inc.
5024 Parkway Plaza Blvd.
Charlotte, NC 28217
Plaintiff
ATTOP/~-E¥ FOR PLAINTIFF
· COURT OF COMMON PLEAS
i CIVIL DIVISION
:Cumberland county
MORTGAGE FORECLOSURE
Homer W. Fleagle
Crystal J. Fleagle
5 Park Circle
Newville, PA 17241
NO.
01-2924 civil Term
Defendant(s) :
AFFIDAVIT pURSUANT TO RULE 3129.1
Wells Fargo Home Mortgage, Inc. f/k/a Norwest Mortgage, Inc., Plaintiff
in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as
of the date the Praecipe for the Writ of Execution was filed the
following information concerning the real property located at: 5 Park
Circle, Newville, PA 17241
1. Name and address of Owner(s) or reputed Owner(s):
Name Address
Homer W. Fleagle 5 Park Circle, Newville, PA
Crystal J. Fleagle 5 Park Circle, Newville, PA
2. Name and address of Defendant(s) in the judgment:
Name Address
17241
17241
SAME AS %1 ABOVE
3. Name and address of every judgment creditor whose judgment is a record
lien on the real property to be sold:
Name Address
NONE
4. Name and address of the last recorded holder
record:
Name Address
of every mortgage of
Plaintiff herein.
Empire Funding Corp.
See Caption above.
9737 Great Hills Trail, Austin, PA 78759
$. Name and address o5 every other person who has any record lien on the
property:
Name Address
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 Address
Real Estate Tax Dept.
Domestic Relations Section
Commonwealth of PA,
Department of Revenue
I Courthouse Square,Carlisle, PA 17013
13 N. Hanover St., Carlisle, PA 17013
Bureau of Compliance, Dept. 280946
Harrisburg, PA 17128-0946
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 Address
Tenants/Occupants 5 Park Circle, Newville, PA 17241
I verify that the statements made in this affidavit are true and correct
to the best of my personal knowledge or information and belief.
understand that false statements herein are made subject to the penalties
of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities.
DATED: August 31, 2001 ~.~ATES
~rk J~ Udren, ESQ.
:torney for Plaintiff
MARK J. UDREN & ASSOCIATES
BY: Mark J. Uclren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHEP~Y HILL, NJ 08034
856-482-6900
Wells Fargo Home Mortgage,
Inc.
f/k/a Norwest Mortgage, Inc.
5024 Parkway Plaza Blvd.
Charlotte, NC 28217
Plaintiff
Homer W. Fleagle
Crystal J. Fleagle
5 Park Circle
Newville, PA 17241
Defendant(s)
ATTOP/9~Y FOR PLAINTIFF
: COURT OF COMMON PLEAS
~ CIVIL DIVISION
:Cumberland County
MORTGAGE FORECLOSURE
NO. 01-2924 Civil Term
NOTICE OF ~T~F'S ~a?.R OF ~ PROPRRTY
TO:
Homer W. Fleagle
5 Park Circle
Newville, PA 17241
Your house (real estate) at 5 Park Circle, Newville, PA 17241 is
scheduled to be sold at the Sheriff's Sale on December 5, 2001, at 10:00
A.M. in the Cumberland County Courthouse, I Courthouse Square, Carlisle,
PA, to enforce the court judgment of $103,487.10, obtained by Plaintiff
above (the mortgagee) against you. If the sale is postponed, the
property will be relisted for the Next Available Sale.
To prevent this Sheriff's Sale, ~u must take . '
1. The sale will be c~celled if y~ pay to the mortgagee =he ~ck paten=, late
c~es, costs ~d reas~le atto~ey's fees. To fi~ ~= h~ ~ch ~ ~s= pay,
~u ~y call: ~
2. Y~ ~y be ~le to st~ the sale ~ filing a pe=i=ion aski~ the C~r= to strike
or ~en the ju~ent, if the Ju~en~ was improperly entered. You ~y also ask
the C~rt to postpone ~he sale for g~d cause.
3. Y~ ~y also be ~le =o st~ the sale thr~gh other legal proceedings.
You ~y need ~ a=to~ey to assert ~r rights. ~e s~ner you con=ac= one, =he
more chance y~ will ~ve of s~opping the sale. (See notice on ~age t~ on how
=o obtain an atto~ey.)
YOU MAY STILL BE ~T.m TO SAVE YOUR p~op~TX am YOU NAVE OTN~ HI~HTS
~-KN IP T~ ~T~FWS ~aT,~ DO~S TA~E pLACE.
1. If =he Sheriff's Sale is not stopped, your property will be sold to the
highest bidder. You may find out the price bid by calling 856-482-6900.
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 properuy.
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 856-482-6900.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain
the owner of the property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is
paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer
may bring legal proceedings to evict you.
6. you may be entitled to a share of the money which was paid for your house.
A schedule of distribution of the money bid for your house will be filed by the Sheriff
within 30 days after 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 Schedule of Distribution is filed.
7. you may also have other rights and defenses, or ways of getting your home
back, if you act immediately after the sale.
YOU SHOULD TAKE THIS FA~ TO YOU~ LAW%~ AT ONCE. IF YOU DO NOT ~AV~ A LAWY~ OR
CANNOT AFFORD ONe, ~O TO OR T~v.~DHO~ -~-~um OFFICE LISTED B~LOW TO Fled OUT ~m~ YOU CAN
LAW%~E~ pj~FEP~AL SEP. VICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 1701~-~87
717-249-3166 or 800-990-9108
ASSOCIATION DE LICENCIDADOS DE FILADELFIA
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013-3387
717-249-3166 or 800-990-9108
ALL TNOSS TWO CERTAIN TRACTS OF LA~D SITUATE IN NORTH NEWTON TOWNSHIP, CUMBEFJ~AND
COUNTY, pENNSYLVAnIA, MORE PARTICULARLY HOUNDED AND DESCHIBED AS FOLLOWS~ TOGETWEH
WITH THE IM~HOVEMENTS T~SHEON SRECTED~
TRACT NO. 1:
BEGINNING AT A POINT ON THE NORTH LINE OF pARK CIRCLE DRIVE AS SHOWN ON THE
EERHINAFTER MENTIONED PLAN OF LOTS, WHICH POINT IS AT LINE OF LOT NO. 2 ON SAID
pLAN~ THENCE BY THE NOHTERRN LINE OF PA~/~ CIRCLE, SOUTH SEVENTY-ONE (71) DEGREES
WEST, NINETY (90) FEET TO A POINT AT LINE OF LAND NOW OR FOP/4EHLY OF WILLIAM
GP, A~AM; THENCE BY SAID LAND, NOHTK TWENTY (20) DEGREES THIRTY (30) MINUTES EAST,
ONE HUNDI~ED (100) FEET TO A POINT ON THE SOuwnERN LINE OF A 33-F00T ROAD~ THENCE EY
THE SOu-~-~EEN LINE OF SAID I~OAD, NOHTH SEVENTY-ONE (71) DEGREES EAST, NINETY (90)
FEET TO A POINT AT LINE OF LOT NO. 2~ THENCE BY THE LINE OF LOT NO. 2, SOUTH TWENTY
(20) DEGREES THIRTY (30} MINUTES NEST, NINETY (90) FEET TO A POINT, THE PLACE OF
BEGINNING.
BEING LOT NO. i ON THE pLAN OF LOTS KNOWN AS PARK CIRCLE, WHICH PLAN IS RECORDED IN
THE OFFICE OF THE RECORDEH OF DEEDS IN AND FOR CUMBERLAND COUNTY, IN pLAN BOOK 12,
pAGE 49.
TP, ACT NO. 2:
BEGINNING AT A POINT ON THE NORTH LINE OF pARE CIRCLE DRIVE AS SHOWN ON THE
HEP, EINAFTER MF, NTIONED pLAN OF LOTS, WHICH POINT IS IN THE DIVIDING LINE BETWEEN
LOTS NO. i AND 2 AS SHOWN ON SAID pLAN~ SAID LOT NO. I BEING NOW OR FOP2~ERLY OWneD
BY JACK E. LA~DIS AND LAI~ENH N. LANDIS, HIS WIFE~ THENCE BY SAID DIVIDING LINE AND
BY THE LINE OF OTHEIt LANDS NOW OH FORMERLY OF JACK S. LANDIS A~D LA~ENE M. LANDIS,
HIS WIFE, NORTH TWENTY (20) DEGP. EES THIRTY (30) MINUTES EAST, ONE HUNDRED (100)
FEET TO A POINT ON THE SOUTHEEN LINE OF A 33-FOOT ItOAD~ THENCE BY TEE SOu'A'~EEN LINE
OF SAID ROAD, NOI~TR SEVENTY-ONE (71) DEGREES EAST, NINETY (90) FEET TO A POINT IN
THE DIVIDING LINE BETWEEN LOTS NO. 2 AND 3, SAID LOT NO. 3 BEING OWNED NOW OH
FOHM~RLY OF FOSTER NELSON AND WIFE~ THENCE BY SAID DIVIDING LINE A~D BY THE LINE OF
LAND NOW OR FORMERLY OF NELSON, SOUTH TWENTY (20) DEGREES THIItTY (30) MINUTES WHST,
ONE ~UNDHED (100) FEET TO THE NORTHERLY LINE OF pARK CIRCLE~ THENCE BY SAME, SOUTH
SEVENTY-ONE (71) DEGREES WEST, NINETY (90) FEET TO TWH PLACE OF BEGiNNINg.
BEING LOT NO. 2 ON THE pLA~ OF LOTS KNOWN AS pA~K CIRCLE, WHICH pLAN IS RECORDED IN
THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMB~ COUNTY, IN pLAN BOOK 12,
PAGE 49.
BEING KNOWN AS 5 PARK CIRCLe, NEWVILLE, PA 17241
pROPERTY ID NO.: 30-19-1683-017
TITLE OF SAID pREMISES IS VESTED IN HOMER W. FLEAGLEANDCRYSTALJ.
FLEAGLE, HUSBAND AND WIFE, BY DEED FROM RICHARD C. EBERLY ARD
ARLENE F. EBERLY, HUSBAND AND WIFE. DATED 01/30/1998, RECORDED
02/02/1998, IN DEED BOOK 171, PAGE 560.
~ J. UDREN & ~SSOC~ATES :
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KIN~S HIGHWAY, SUITE 500
CHEI%RY HILL, NJ 08034
856-482-6900
Wells Fargo Home Mortgage,
Inc.
f/k/a Norwest Mortgage, Inc.
5024 Parkway Plaza Blvd.
Charlotte, NC 28217
Plaintiff
Homer W. Fleagle
Crystal J. Fleagle
5 Park Circle
Newville, PA' 17241
Defendant (s)
ATTOP/~EY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
cumberland County
MORTGAGE FORECLOSUI~E
NO. 01-2924 civil Term
NOTICR OF ~VTFF'g ~aT,~ O~ g~aT. pROP~RT"~
TO:
Crystal J. Fleagle
5 Park Circle
Newville, PA 17241
Your house (real estate) at 5 Park
scheduled to be sold at the Sheriff's
Circle, Newville, PA 17241 is
Sale on Decentber 5, 2001, at 10:00
A.M. in the Cumberland County Courthouse, i Courthouse Square, Carlisle,
PA, to enforce the court judgment of $103,487.10, obtained by Plaintiff
above (the mortgagee) against you. If the sale is postponed, the
property will be relisted for the Next Available Sale.
YOU MAY B~ ~RT,~ TO ~RR%~FA]T ~4I~ ~R~TFF'S RAL~
To prevent this Sheriff's Sale, you must take ~
1. The sale will be cancelled if you pay to the mmrtgagee the back payment, late
charges, costs and reasonable attorney's fees. To find out how muchyoumustpay,
you may call: - -
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 rights. The sooner you contact one, the
more chance you will have of stopping the sale. (See notice on page two on how
to obtain an attorney.)
MAY STILL BE'ABLE. TO SAVEf][Oi~_PPJ~]~ AND YOU HAVE OTHER
EVeN IF THE S~ERIFFtS SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will be sold to the
highest bidder. You may find out the price bid by calling 856-482-6900.
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 856-482-6900.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain
the owner of the property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is
paid to the Sheriff an~ 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 after 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 Sheri£f within ten
(10) days after Schedule of Distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home
back, if you act immediately after the sale.
YOU SNO'OLD TAF~ THIS PA~ TO YO~ LAWYER AT ONCe. IF YOU DO NOT HAVE A ~ 0R
~T ~ ~, ~ T00~ ~ T~ 0FFI~ LIST~ BEL~ TO F~ ~ ~ YOU ~
~ L~
Cu~erl~d Co~=y Bar ~socia=ion
2 Liberty Avenue
Carlisle, PA 17013-~387
717-249-3166 or 800-9~0-9108
ASSOCIATION DE LICENCIDADOS DE FILADELFIA
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013-3387
717-249-3166 or 800-990-9108
ALL THOSE TWO CERTAIN TItACTS OF LAND SITUATE IN NORTH NEWTON TOWNSHIP, CU~BERL~/~D
COUNTY, PENNSYLVANIA, MORE PANTICI;LA~LY BOI~NDED AND DESCRIBED AS FOLLOWS; TOGETHER
WITH THE IMPROVEMENTS THEREON EP. ECTED;
TP~ACT NO. 1=
BEGINNING AT A FOINT ON THH NORTH LIN~ OF PAP. K CIRCLE DRIVE AS SHOWN ON THE
HEREINAFTER MENTIOBr~D FLAN OF LOTS, W~ICH POINT iS AT LINE OF LOT NO. 2 ON SAID
PLAN; THENCE BY THE NORTHERN LINE OF PA~.K CIHCLH, SOu'r~ SEVENTY-ONE {71) DEGP. EES
WEST, NINETY (90) FEET TO A POINT AT LINE OF LAND NOW 0R FOP. MEHLY OF WILLIAM
GP~%~AM; THENCE BY SAID LAND, NORTH TWENTy (20) DEGREES TEIHTY (30) MINUTES EAST,
ONE HUNDRED (100) FEET TO A FOINT ON THE SOUTHEP-N LINE OF A 3S-FOOT ROAD; THENCE EY
THE SOu'~-~ERN LINE OF SAID HOAD, NORTH SEVENTY-ONE (71) DEGP. EES EAST, NINETY (90)
FEET TO A POINT AT LINE OF LOT NO. 2; THENCE BY THE LINE OF LOT NO. 2, SOUTN TWENTY
{20) DEGREES THIHTY (30) MINUTES WEST, NINETY (90) FEET TO A POINT, THE PLACE OF
BEGINNING.
BEING LOT NO. i ON THE PLAN OF LOTS E. NOWN AS PA~K CIKCLB, WEiCH PLaiN IS BECOP, DED IN
THE OFFICE OF THE P, ECORDER OF DEEDS IN AND FOR CUMbERLAnD COUNTY, IN PLAN BOOK 12,
PAGE 49.
TEACT NO. 2=
BEGINNING AT A POINT ON THE NORTH LINE OF PAP. K CIRCLE DRIVE AS SHOWN ON THE
HEREINAFTER MENTIONED PLAN OF LOTS, WHICH POINT IS IN THE DIVIDING LINE BETWEEN
LOTS NO. i AND 2 AS SHOWN ON SAID PLAN; SAiD LOT NO. I SEiNg NOW OR FOP. HE~Ly OWNED
BY JACK E. LANDIS AND LA~ENE M. LANDIS, HIS WIFE; THENCE BY SAID DIVIDING LINE AND
BY THE LINE OF OTHER LANDS NOW OR FO~tMERLY OF JACK E. LANDIS AND LAF. ENEM. LANDIS,
HIS WIFE, NORTH TWENTY (20) DEgHEES THIRTY (30) MII~TES EAST, ONE HUNDRED {100)
FEET TO A POINT ON THE SOUTHE~N LINE OF A 33-FOOT HOAD; THENCE BY THE SO0-~-a~P,N LINE
OF SAID ROAD, NORTH SEVENTY-ONE (71) DEGREES EAST, NINETY (90) FEET TO A POINT IN
THE DIVIDINg LIllE BETWEEN LOTS NO. 2 AND 3, SAID LOT NO. 3 BEING OWNED NOW OR
FORMEP~Ly OF FOSTER NELSON AND WIFE; THENCE BY SA~D DI'VIDING LINE AND BY THE LINE OF
LAND NOW OR FORMErLy OF NELSON, SOUTH TWENTY (20} DEGP, EES THiHTY (30) MimuwES WEST,
OWE HUNDRED (100) FEET TO THE NOHTHERLY LINE OF PARK CIRCLE; THENCE BY SAM~, SOUTH
SEVENTY-ONE (71) DEGREES WEST, NINETY (90) FEET TO THE PLACE OF BEGINNING.
BEING LOT NO. 2 ON THE P~AN OF LOTS ENOWN AS PARK CIRCLE, WEiCH PLAN IS ~ECORDED IN
THE OFFICE OF THE P. ECO&DER OF DEEDS IN AND FOR CUMBERLAND COUNTy, IN PLAN BOOK 12,
PAGE 49.
BEING KNOWN AS 5 PARK CIRCLE, NEWVILLE, PA 17241
PROPERTY ID NO.: 30-19-1683-017
TITLE OF SAID PREMISES IS VESTED IN HOMER W. FLEAGLEAND CRYSTAL J.
FLEAGLE, HUSBAND AND WIFE, BY DEED FROM RICHARD C. EBERLY AND
ARLENE F. EBERLY, HUSBAND AND WIFE. DATED 01/30/1998, RECORDED
02/02/1998, IN DEED BOOK 171, PAGE 560.
-WRIT.OF EXECUTION and/or A'I'I'ACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO.
01-2924 CIVIL 19
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, inlerest and costs due Wells Fargo Eome Mortgage,
Norwest Mortgage, Inc.
Inc., f/k/a
PLAINTIFF(S)
lmm Homer W. at'Crystal J. Fleagle, 5 Park Circle, Newville PA 17241.
.DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell Real estate located
at 5 Park Circle, Newville PA 17241. (See attached legal description.)
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of __
.GARN SHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any
debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otheNvise disposing
Ihereof;
(3) If ProportY ol the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other
than a named garnishee, you are directed to notify him/he r that he/she has been added as a garnishee and is enjoined as above
stated.
Ameunl Due $103,487.10
9/1/01 to 12~5/01 ' '
Intemsl S19.22 Der alem 81,845.12
Atty's Comm %
Atty Paid $12R ,44
Plaintiff Paid
L.L. $.50
DueProthy $1.00
~herCosts
CURTIS R. LONG
Dale: September 6, 2001
REQUESTING PARTY:
Name Mark J. Udren, Esquire
Address:
1040 N Kings Highway, Ste 500
Attorney for:
Telephone:
Supreme Court ID No.
Cherry Hill NJ 08034
Plaintiff
(856) 482 6900
04302
by:
Pro~hon~ary, Civil Division
Deputy
K~L 1'51'AIi'E SALE No.
un sept. 11, 2001 th~. ~,Rer:'i 'ox,iA~":.?.,,r.r ~ :.,% ..~.~, ....
North Newton Township
interest in the real proof-",..? =, ":.., ~ '-'
C, umberland County, Pa ' '..'. ~ : .:.>:~ll'~d~: 5 Park._C.~:rcie
Newville
and more ·" .. ~_~ ..~. ExhibR "A" fll~ ~:"~
this writ and by this reference ...,, uorated herela.
Oate: ~eot. 11. 2ool
· "A
¥1., · '4 --Jd
~[.. ~' '~: OI aS
· Ib
THE PATRIOT NEWS
THESUNDAY PATRIOT NEWS
Proof of Publication
UnderAct No. 587, ,N~proved May16,11;29
Commonwealth of Pennsylvania, County of Dauphin} ss
James L. Clark being duly sworn according to law, deposes and says:
That he is the Acounta Receivable Manager 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
Patriot-News and The Sunday Patriot-News newspapers of general cimulation, printed and published at 812 to 818
Market Street, in the City. County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were
established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published
ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published In
their regular daily and/or Sunday/Metro editions which appeared on the 23rd and 30th day(s) of October and the
6th day(s) of November 2001. That neither he nor said Company Is interested in the subject matter of said printed
notice or advertising, and that all of the allegations of this statement as to the time, place and character of
publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in
the office for the Recording of Deeds in and for said County of Dauphin_in Miscellaneous Book "M",
Volume 14, Page 317. ...~,~. ..~...
PUBLICATION .....................................................
COPY , ' ..............................
S A L E #19 I C', ..... k, =~,S~;,~,,; u.,ur. ~S 19th bar2001 A.D.
I
l ' NOTARY PUBLIC
My commission expires June 6, 2002
CUMDERI.NqD COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTH(XJSE
CARLISLE, PA. 17013
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on the above stated dates
Probating same Notary Fee(s)
Total
$ 316.15
$ 1.50
$ 337.65
Publleher's Receipt for Advertising Cost
The Patriot News Co.. publisher of ~and ' - , newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costa 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
aforesaid, was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
October 12, 19, 26, 2001
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 ofthe aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
Writ No. 2001-2924 Civil
Wells Fargo Home Mortgage, Inc
f/k/a Norwest Mortgage, Inc.
Ys.
Homer W. Fleagle and
Crystal J. Fleagie
Atty.: Mark J. Udren
ALL THOSE TWO CERTAIN tracts
of land situate In North Newton
Township. Cumberland County,
Pennsylvania. more particularly
bounded and described as follows;
together with the Improvements
thereon erected;
TRACT NO. 1:
BEGINNING at a point on the
north line of Park Circle Drive as
shown on the hereinafter mentioned
plan of lots, which point is at line of
Lot No. 2 on said plan; thence by
the northern line of Park Circle.
South seventy-one (71] degrees
West. ninety {90} feet to a. po_~.t..a.t
SWORN TO AND SUBSCRIBED before me this
26 day of~
plan of lots, which point is in the
dividing line between Lots No. 1 and
2 as shoWn on smd plan; said Lot
No. I being now or formerly owned
by Jack E. L~ndis and Larene M.
Landis, his wife; thence by said di-
viding line and by the line of other
lands now or formerly of Jack E.
Landis and Larene M. Landis, his
wife, North twenty (20) degrees
thlrW (30) minutes East, one hun-
dred (100) feet to a point on the
southern line of a 33-foot road;
thence by the southern line of said
road, North seventy-one (71) degrees
East, ninety (90) feet to a point in
the dividing line between Lots No.
2 and 3, said Lot No. 3 being owned
now or formerly of Foster Nelson
and wlfe; thence by said dividing
line and by the line of land now or
formerlY of Nelson, South twenty
(20) degrees thirty (30) minutes
West, one hundred {100) feet tO the
northerly line of park Circle; thence
by same, South seventy-one (71)
degrees West, ninety (90) feet to the
place of beginning.
BEING Lot No. 2 on the plan of
lots known as park Circle. which
plan is recorded in the Office of the
Recorder of Deeds in and for
cumberland County, in Plan Book
12, Page 49.
BEING KNOWN AS 5 park Circle,
NewVflle, PA 17241.
pROPERTY ID NO.: 30-19-1683-
017.
TITLE OF SAID pREMISES IS
VESTED IN Homer W. Fleagle and
Crystal J. Fleagle, husband and
wife, by Deed from Richard C. Eb-
erly and Arlene F. Eberly, husband
and wife. Dated 01/30/1998, Re-
corded 02/02/1998, in Deed Book
171, Page 560.
RF, A~ ]~TAT~ ~ NO. 19
Writ No. 200172924 Civll
Wells Fargo Home Mortgage, Inc
f/k/a Norweai Mortgage, Inc.
VS.
Homer W. Fleagle and
Crs~stal J. Fleagle
Atty.: Mark J. Udren
ALL THOSE TWO CERTAIN tracts
of land situate in North Newton
Township, Cumberland County,
Pennsylvania,' more particularly
bounded and described as follows;
together with the improvements
thereon erected;
TRACT NO. 1:
BEGINNING at a point on the
north line of Park Circle Drive as
shown on the hereinafter mentioned
plan of lots, which point is at line of
Lot No. 2 on said plan; thence by
the northern line of Park Circle.
South seventy-one (71) degrees
West, ninety (90) feet to a point at
line of land now or formerly of Wil-
liam Graham; thence by said land,
North twenty (20) degrees thirty (30)
minutes East, one hundred (100)
feet to a point on the southern line
of a 33-foot road; thence by the
southern line of said road, North
seventy-one {71) degrees East,
ninety (90) feet to a point at line of
Lot No. 2; thence by the line of Lot
No. 2, South twenty (20) degrees
thirty (30) minutes West. ninety (90)
feet to a point, the place of begin-
ning.
BEING Lot No. I on the plan of
lots known as Park Circle, which
plan Is recorded in the Office of the
Recorder of Deeds in and for
Cumberland County, in Plan Book
12, Page 49.
TRACT NO. 2:
BEGINNING at a point on the
North line of Park Circle Drive as