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HomeMy WebLinkAbout04-4573 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 d ATTORNEY FOR PLAINTIFF WELLS FARGO FINANCIAL P A, INC. 3476 STATEVIEW BLVD FORT MILL, SC 29715 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM v. No.OLf- 4513 ~ CUMBERLAND COUNTY ETHEL D. PARR EARL E. PARR, JR. 110 OLDTOWN ROAD GARDNERS, PA 17324 Defendants CIVIL ACTION -- LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990.9108 File #: 94711 , File #: 94711 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is WELLS FARGO FINANCIAL P A, INC. 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: ETHEL D. PARR EARL E. PARR, JR. 110 OLDTOWN ROAD GARDNERS, P A 17324 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 07/16/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. Book: 1824, Page: 1582. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/21/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #; 94711 6. The following amounts are due on the mortgage: Principal Balance Interest 01/21/2004 through 09/10/2004 (per Diem $28.21) Attorney's Fees Cumulative Late Charges 07/16/2003 to 09/10/2004 Cost of Suit and Title Search Subtotal $110,731.16 6,601.14 1,250.00 171. 79 $ 550.00 $ 119,304.09 Escrow Credit Deficit Subtotal TOTAL 0.00 0.00 $ 0.00 $ 119,304.09 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attomey's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 119,304.09, together with interest from 09/10/2004 at the rate of$28.21 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDE L~ By: /s rancis S. Halli FRANK DERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 94711 LEGAL DESCRIPTION ALL THAT TRACT ofland situate, lying and being in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a steel pin set on the northwesternmost edge of Old Town Road (T-535), said pin marking the common point of adjoiner of Lots #2 and #3 on the hereinafter mentioned plan of subdivision (said pin also being located, for reference purposes only, a distance of three hundred twenty-five and four hundredths feet (325.04 feet) as measured by the edge of the cartway of Old Town Road from a pin on the edge of said cartway at lands now or formerly of Keith E. Rockey); thence extending in and along the northwestern edge of the cartway of Old Town Road, South thirty-three degrees fifty-two minutes fifteen seconds West (S 33 degrees 52 minutes 15 seconds W), for a distance of one hundred sixty-two and fifty-two hundredths feet (l62.52 feet) to a steel pin set on the northwestemmost edge ofthe cartway of Old Town Road at Lot #4 on the herein mentioned plan; thence-departing from the northwestern edge of the Old Town cartway, and extending along Lot #4, North sixty-five degrees forty-five minutes fifteen seconds West (N 65 degrees 45 minutes 15 seconds W), through a steel pin set on the northwestemmost dedicated right-of-way line of Old Town Road a distance of fifteen and fifty-seven hundredths feet (15.57 feet) from the origin of this call, for a total distance of seven hundred thirteen and sixty hundredths feet (713.60 feet) to a steel pin at lands now or formerly of Anthony Mach, North twenty-three degrees thirty-seven minutes forty-five seconds East (N 23 degrees 37 minutes 45 seconds E), for a distance of one hundred fifty-six and eleven hundredths feet (156.11 feet) to a steel pin at Lot #2 on the hereinafter mentioned plan; thence extending along Lot #2, South sixty-six degrees four minutes twenty-five seconds East (S 66 degrees 4 minutes 25 seconds E), through a steel pin set on the northwesternmost dedicated right-of-way line of Old Town Road a distance offourteen and eighty-five hundredths feet (14.85 feet) from the terminus of this call, for a total distance of seven hundred forty-two and forty-six hundredths feet (742.46 feet) to a steel pin set on the northwesternmost edge of the Old Town Road cartway, said pin making the place of BEGINNING. CONTAINING 2.587 acres to the dedicated right-of-way line, and 2.643 acres to the property line, being designated as Lot #3 on a final plan of minor subdivision prepared for Rodney Lee Decker, dated August 24, 1984, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plat Book 46, at page 98. UNDER AND SUBJECT, NEVERTHELESS, to the covenants and restrictions hereinafter enumerated: 1. There shall be permitted no mobile homes, or double-wide modular homes on the within tract. 2. There shall be permitted no junked or unlicensed vehicles, unless garaged. 3. There shall be permitted no livestock, except for a family pet dog. 4. The premises shall be utilized only for single-family residential dwelling and a home occupation such as a professional office operated by a practitioner licensed by the Commonwealth of Pennsylvania, such as real estate broker, insurance agent, etc. The Grantees, for themselves, their heirs and assigns, by acceptance of this Indenture, agree with the Grantors, their successors and assigns, that said restrictions and conditions shall be deemed COVENANTS RUNNING WITH THE LAND, and that in any deed of conveyance of any part thereof, to any person or persons, said restrictions and conditions shall be incorporated by reference to this Indenture and the record thereof as fully as though the same were contained therein. BEING THE SAME TRACT which Rodney Lee Decker and Naomi R. Decker, husband and wife, by their deed dated April 25, 1988, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book H33 at page 735, sold and conveyed unto Ethel D. Elicker, now ny marriage Ethel D. Parr and Earl E. Parr, Jr., the Grantors herein. Transfer is from Husband and Wife to themselves, therefore exempt from realty transfer tax. Being Known As: 110 Oldtown Road File #: 94711 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsifications to authorities. ~~ :;;-///L Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: q -1D-0Cf ~~ cY' ~I~ .:fli>' >u y ()-J ---- -r--\) J' f~", ,..-<, , (..-;.., 0'! I.....YI oJ ,~CJ \ ~, ~ ~ , . t:>. (M' ,,", .'.;) SHERIFF'S RETURN - NOT FOUND . CASE NO: 2004-04573 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO FINANCIAL PA INC VS PARR ETHEL D ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT PARR ETHEL D but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , PARR ETHEL D 11 0 OLD TOWN ROAD GARDNERS, PA 17324 LISTED PROPERTY IS VACANT. DEFENDANT'S CURRENT ADDRESS IS 203 WEST KING STREET ABBOTTSTOWN, PA 17301. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 7.40 5.00 10.00 .00 40.40 So an::;:;!~'!~'~>/~~~/ /~~ ~~R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 09/16/2004 Sworn and subscribed to before me this ,;J..2 ~ day of --1rh~ -<.tHJl( A.D. (/ i"A'. QInJ~ ~ prolhl~tary J SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-04573 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO FINANCIAL PA INC VS PARR ETHEL D ET .~L R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT PARR EARL E JR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , PARR EARL E JR 110 OLD TOWN ROAD GARDNERS, PA 17324 LISTED PROPERTY IS VACANT. DEFENDANT'S NEW ADDRESS IS 203 WEST KING STREET ABBOTTSTOWN, PA 17301. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 So an~w:.:-:r;p--/ .~~/~ cC-'-~~~ P.- ~~:-/ R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 09/16/2004 Sworn and subscribed to before me this ;J...;),.....c day of )prl.i.~ 0200'-\ A.D. \.'I._~. . Q }V\.i';€,_, tkZ:' pr~tlonotary , -,-, ~.. FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO FINANCIAL P A, INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. CUMBERLAND County ETHEL D. PARR EARL E. PARR, JR. No. 04-4573 CIVIL Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foredosure with reference to the above captioned matter. ~ERMA]~ND .PHELAN, LLP BY:~" O~ / FRA FEDERMAN, ESQUnur- LA NeE T, PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Date: September 27,2004 1 act, Svc Dept. File# 94711 '- o c --~ ~.:: rr.:'i1'(" -71' I :??i.r: (J)' -<'- r':~ <- ~~(-': ",,:.C) ~; C'. 2 ~ ......, c:~.,:, = -l.- <::) CJ -< I Q " -:1 :I._ nl-:,) r- :9r1: _,.>0 ~.1(~ i53~3 "~.... c..... ~~rn ~. -0 :Jl:: <:':" .r:- 0"1 ""< SHERIFF'S RETURN - OUT OF COUNTY , CASE NO: 2004-04573 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO FINANCIAL PA INC VS PARR ETHEL D ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: PARR ETHEL D but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of ADAMS County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On October 13th , 2004 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Adams County 34.20 .00 71.20 10/13/2004 FEDERMAN & PHELAN So an.s.wer.s~~ --- ~ ~---~ R. ~ Kline ' Sheriff of Cumberland County Sworn and subscribed~ before me this ~ day of l~ JJ56tf U. J~ ~;rk/ryj .~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-04573 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO FINANCIAL PA INC VS PARR ETHEL D ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: PARR EARL E JR but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of ADAMS County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On October 13th , 2004 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 10/13/2004 FEDERMAN & PHELAN So answers: ./.? .:// "'....--? ___'/::l .. _ ~___ ..' ~'::::::---~-::'::'''.'.'~'~' ---- --'r, . ~. . :;."c~ ~ -~..~--=:::--._-~- R. homas Kline Sheriff of Cumberland County Sworn and subscribedtS~~effre me this ~ day of ~ 04 A.Pf ~.~. M. r ,/ 'In The Court of Common Pleas of Cumberland County, Pennsylvania Wells Fargo Financial PA Inc VS. Ethel D. Parr et al SERVE: Ethel D. Parr 04-4573 civil No. Now, October 4. 2004 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Adams County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. rK~~~~ Sheriff of Cumberland County, PA Affidavit of Service Now, ,20 , at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, ~9t ?1UV'J-Ittf.../ County,PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDA VIY' $ $ A1HnOJ SHVO\! ::l.:lltl3HS SE :01 V s- no ~OOI 03/\13:):: In The Court of Common Pleas of Cumberland County, Pennsylvania Wells Fargo Financial PA Inc VS. Ethel D. Pa= et al SERVE: Earl E. Pa= Jr. 04-4573 civil No. Now, October 4, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Adams County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. r~C.~~ Sheriff of Cumberland County, PA Affidavit of Service Now, ,20_, at 0' clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, ~ 9/.. ~unty,PA Sworn and subscribed before me this_day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT' $ $ i 1 '.If'''J <:;'.1':'0' ',., I\. .1'1 IU '-- i'l" V .::UI83HS S E :01 "i/ S- DO ijOOl o 3/\ 13 J ::' . '') , , , , iid . MASON DIXON BUSINESS FORMS, INC 33000026 DATE RECEIVED DATE PROCESSED SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17325 SHERIFF SERVICE PROCESS RECEIPT. and AFFIDAVIT OF RETURN IH8TIlIlCTIONll: Soe "INSTflUCTIONS FOR SERVICE OF PROCESS BY THE SHERIFF" on "'" ....... 01 "'" Ia8t (No.5) copy of this form. _ Iype or prinllegl>ly, lnourlng _Illy 01 all copies. Do not _ MY copies. AC8D I!NV.' 2. COURT NUMBER 04-4573 CIVIl. ... TYPE OF WRIT OR COMPLAINT: ,. PLAINTIFFISI WRT.l.!; FARGO FINANCIAL PA. INC. 3. DEFENDANTISI RTRF.T. D_ PARR AND RART. E. PARR. JR. MORTGAGE FORECLOSURE SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PRoPERTY TO BE LEVIED, ATTACHED OR SOlD. . ETHEL D. PARR 6. ADDRESS (Slreet or RFO. Apenmen! No.. City. Bora, Twp.. Sloto end ZIP CODE) 203 WESt KING STREET ABBOTTSTOWN, PA 17301 7. INDICATE UNUSUAL SERVICE: 0 PERSONAL 0 PERSON IN CHARGE 0 DEPUTIZE 0 CERT. MAIL 0 REGISTERED MAIL 0 POSTED 0 OTHER Now, , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return theraf according to law. This deputation being made at the request and risk of the plaintiff. SHEAtFF OF ADAMS COUNTY AT 6. SPECIAL INSTRucriONS OR OTHER INFORMATION THAT WILL ASSIST IN EJ(PEDlTlNG SERVICE. NOTE ONL V APPLICABLE ON WRIT OF EXECUTION: N,B. WAIVER OF WATCHMAN-Any deputy sheriff Itwylng upon or anaching any property under within writ may leave same without a watchman. in custody of whomever is found in possession, after notifying person of"vy or attachment. withoulliability on the part of SUCh deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property befOre sheriff's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINAtOR requesting service on behalf of: 10. TELEPHONE NUMBER ~'1' DATE FEDEIlMAN AND PHELAN 0 PLAINTIFF 1617 JFK BLVD. PHILADELPHIA. PA 19103 0 DEFENDANT 215-563-7000 EPTEHBER 28, 2004 SPACE BELiW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 12. I acknowledge receipt of the wril SIGNATURE of Authorized ACSD Deputy or Clerk and Title 1'3. Dale Received 1'4. Expiration I~~date orcomplalnlulndlcolOdobOvO. ~ S. ~o~'-l ~a,,~ 10-5-2004 10-31-2004 15. I hereby CERTIFY and RETURN that I tXhave personally served, 0 have served person in charge, 0 have legal evidence of service as shown in "Remarks" (on reverse) o have posted the above described property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, etc., at the address inserted below by handing/or Posting a TRUE Md ATTESTED copy therof. 16. 0 , hereby certify and return a NOT FOUND because I am unable to locale the individual, company, corporation, etc., named above. (See remarks below) 17. Name and title of Individual served 1'8. A PfI'8(ln OIlUltable age and di8cretiOll I Read Order Ethel D. Parr ='::"'~~i!:"-""""''''''~ 0 19. Address of where served (compfete only if different than shown above) (Street or AFD, Apartment No., City, Boro, Twp., 20. Date of Service 21. Time Stale and ZIP CODE) 10/5/2004 7:11PM 22. ATTEMPTS IIlato I Mil.. I Dop.ln.. 23. _ Coots I 24. [j}.OO EIn. Atty. #~ Delo I Mlloo I Dep.lnt. j 126 Dolo I MIIoo I MIIoo I DeP.,nt.1 D.1o I Mil.. I Dop.lnI. I 26. COST DUE OR REFUND 10/8/04 $115.80 Ck. #11801 ?Sf so ANSWER. ~-" 4A W- h"}-LA.. 0 th.. "'~XDop.__+..._) De.o Ja es W. Muller 10/5/2004 RA'OO~.oI~ rci/5/2004 Dop.lnI'lllato 27. Total Coots $34.20 Pd. 28. AFFIRMED ond .._10 _ me thie N/A day of _PuI>I~ __ OF ADAMS COUNTY MY COMMISSION EXPIRES I ACI<NOWLEDGE RECEIPT OF THE SHERIFF'S III!TUIlN _ATUIlE OF AUTHORIZED ISSUING AUTHOAITV .wn TIT! '" <~ I( .A A r~ ,~ ,A C .", ~ ~ " .'.0., '" . 33000026 .', SHERIFF'S RETURNpF SERVICE ( ( 1 ) The within upon defendant by mailing to by prepaid, a true and attested copy thereof at , the within named mail, return receipt requested, postage on the The return receipt signed by defendant on the is hereto attached and made a part of this return. ( ) (2) Outside the Commonwealth, pursu'!nt to Pa. R.C.P. 4~ (c) (1) (2), by mailing a true and attested c~py thereof at in the following manner: ) (a) to the defendant by ( ) registered ( ) certified mall,returnreceipt requested, postage prepaid, addressee only on the said receipt being returned NOT signed by defendant, but with a notation by the Postal Authorities that Defendant refUsed to apc;ept the same. The returned receipt and envelope is attached hereto and made a part of !hIs return. And thereafter: ( ) (b) To the defendant by ordinary mail addressed to defendant at same address, with the return address of the Sheriff appearirig thereon, on the I further certify that after fifteen (15) days frorni.the mailing date, I have not received said envelope back from the Postal Authorities. A certificate of mailing is hereto attached as a proof of mailing. ) ( 3) By publication in the Adams County Lega) Journal, a weekly publication of general circulation in the County of Adams, Commonwealth of Pennsylvania, and the Gettysburg Times, a daily newspaper published in the County of Adams, Commonwealth of Pennsylvania and having general circulation in said County for successive weeks of The Affidavits from said Adams County Legal Journal and Gettysburg Times, are hereto attached and made part of this return. ( (4) By mailing to by mail, return receipt requested, postage prepaid, on the a true and attested copy thereof at The Authorities marked is hereto attached. ( 5) Other returned by the Postal ( - o ~ , r i , i MASON DIXON auSINESS FOOMS, INC. 33000026 DATE RECEIVED DATE PROCESSED SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17325 INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY THE SHERIFF" on tile __ 01 tile last (No.5) CClPI' oI,hll form. _ typo or print 1ogIbIy, insuring _NIy 01 011 copioI. Do...._ OIlY coploo. AC8D !!NV.' 1. PLAINrlFFISI 2. COURT NUMBER WELLS FARGO FINANCIAL PA, INC. 04-4573 CIVIL 3. DEFENDANrlSl 4. TYPE OF WRIT OR COMPLAINT: EARL E. PARR, JR. AND ETHEL D. PARR MORTGAGE FORECLOSURE 5. NAME OF INDIVIDUAL. COMPANY, CORPORArION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD. EARL E. PARR, JR. SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN SERVE . 6. ADDRESS (_ or RFD. Apa"menl No., City, Boro, Twp., Stato Ind ZIP CODE) 203 WEST KING STREET ABBOTTSTOWN, PA 17301 7. INDICATE UNUSUAL SERVICE: 0 PERSONAL 0 PERSON IN CHARGE 0 DEPUTIZE 0 CERT. MAlL 0 REGlSTEREO MAlL 0 POSTED 0 OTHER Now, , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return therof according to law. This deputation being made at the request and risk of the plaintiff. SHERifF OF ADAMS COUNTY AT 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any deputy sheriff levying upon or attaching any property under within writ may leave 81me without a watchman, in custody of whomever i. found in possession. aher notifying person of levy Dr attachment, without liabHlty on the part of such deputy or the sheriff to any plaintiff herein lor any toss, destruction or r.moval of any such property before sherin's sale thereof. 9'?jATURE of AJilEY Of other ORlO'NATOR requesting S.rvlce on behalf of. ---+-, $;, t Qgj mix/v\.-,/' ~ ~~~~T 215-563-7000 SEPTEKBER 28, 2004 PACE BEL1W FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 12 I acknowledge ~pf of the writ ~N~~E of Authorized ACSD Deputy or Clerk and Title 113. Dale Received 114 Expiralion I ~ate orcomplo,"tasi"d,cotodobovo '~oou:\.. S? ~'(3' \~..~~ 10-5-2004 10-31-2004 15. I hereby CERTIFY and RETURN thai I X have personally served. 0 have served person in charge, 0 have legal evidence of service as shown in "Remarks" (on reverse) o have posted the above described property with the wrl1 or complaint described on the Individual, company, corporalion, etc., al the addr.ss shown above or on the individual, company, corporation, etc., althe addresa inserted below by handing/or Posting a TRUE and ATTESTED copy Iherot. 10 TELEPHONE NUMBER 11 DATE 18. 0 I hereby certify and return a NOT FOUND because I am unable 10 locate the individual, company, corp0t8llOn. etc., named above. (See remarks below) 17. Name and title of individual servtKI 1'8. A peI1lOn of....n.bJe age and dt.c:retiOn I Read Order 1 E P J then rdldlng in the defendant', usual 0 Ear . :3rr, r. ......._.0 19. Address of where served (compfete only if diff6fenl than shown abOve) (Street or RFO, Apartment No., City, Bora, Twp., 20. Dale of Service 21. Time 81a.e and ZIP CODE) 10/5/2004 7: llPM 22. ATTEIIPTS I 23. Advaf'lC6 CoIta 0olo I MIIoo 124. I Dep.lnl. Dolo I Mil.. I Dop.lnl.! 126 0olo I M.... Pop.lnt., 0olo 27. TotoI C08Io I MIIoo I DoP.I"'., Dolo I Mlloo I Pop.lnt. I 26. COST DUE OR REFUND 25. AFFIRMED ond ._ to boforo me this N/A 1 so ANSWER. I)......... A'....). h'J J' 001.... 1ly1_11lop'-_T",Typo) Doto J roes W. Muller 10/5/2004 SignoIuroolShorlll Doi RA'M)ND W. NEWMAN 10 5/2004 d.y of -- MY COMMISSION EXPIRES I ACKNOW\.EDGE RECEIPT OF THE _.. III!TUIlIISlGNATURE OF AUTHORIZED ISSUING AUTHORITY ANn T1T1 c _ Of' AD_ COUHTY i(' {~ "' -'" "\ """ ,,,,,"- -'''' .~ ?\ "" (' ,~ "" """"'" SHERIFF'S RETURN OF SERVICE { ( 1 ) The within upon defendant by mailing to by prepaid, a true and attested copy thereof at mail, return receipt requested, postage on the , the within named The return receipt signed by defendant on the is hereto attached and made a part of this return. ( ) (2) Outside the Commonwealth, pursuant to Pa. R.C.-P.405 (c) (l) (2), by mailing a true and attested copy thereof at in the following manner: ( ) (a) to the defendant by ( ) registered ( ) certified mail, return receipt requested, postage prepaid, addressee only on the said receipt being returned NOT signed by defendant, but with a notation by the Postal Authorities that Defendant refused to accept the same. The returned receipt and envelope is attached hereto and made a part of this return. And thereafter: ( ) (b) To the defendant by ordinary mail addressed to defendant at same address, with the return address of the Sheriff appearing theredtl, on the I further certify that after fifteen (15) days from- the mailing date, I have not received said envelope back fr.om the Postal Authorities. A certificate of mailing is hereto attached as a proof of mailing. ( ) ( 3) By publication In the Adams County Legal Journal, a weekly pUblication of general circulation in the County of Adams, Commonwealth of Pennsylvania, and the Gettysburg Times, a daily newspaper published in the County of Adams, Commonwealth of Pennsylvania and having general circulation in said County for successive weeks of The Affidavits from said Adams County Legal Journal and Gettysburg Times, are hereto attached and made part of this return. { ( 4) By mailing to by mail, return receipt requested, postage prepaid, on the a true and attested copy thereof at { The Authorities marked is hereto attached. ( 5) Other returned by the Postal -.,"" -. FEDERMAN PHELAN, LLP By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO FINANCIAL PA, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 04-4573 CIVIL ETHEL D. PARR EARL E. PARR, JR. Defendant( s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against ETHEL D. PARR and EARL E. PARR. JR., Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 9/1 0/04 to 11/29/04 TOTAL $119,304.09 $2,285.01 $121,589.01 I hereby certify that (1) the addresses of the Plaintiff and Defendant( s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~ G. tr~ DANIEL G. SCHMIEG, E~QUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICA'?f' ~ "--- iJ DATE: Jl)(:J() 30 d...DeJ..( ( ~)..-v? j 1< -7~ ( PRO PROTHY :::J:ir\ 0 . FEDERMAN AND PHELAN, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (21)) )61-7000 WELLS FARGO FINANCIAL P A, INe. Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CNIL DNISION Vs. : CUMBERLAND COUNTY ETHELD. PARR EARL E. PARR, JR. : NO. 04 4573 CIVIL Defendants FILE COPy TO: ETHEL D. PARR 203 WEST KING STREET ABBOTTSTOWN, PA 17301 DATE OF NOTICE: OCTORF,R 27, 2004 THIS FIRM IS A DEBT COLLECfOR ATTEMPTING TO COLLECf A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECf THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECENED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORT ANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP . By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (7.t 'i) 'i61- 7000 WELLS FARGO FINANCIAL P A, INe. Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY ETHEL D. PARR EARL E. PARR, JR. : NO. 044573 CIVIL Defendants TO: EARL E. PARR, JR. 203 WEST KING STREET ABBOTTSTOWN, P A 17301 FILE COpy DATE OF NOTICE: OCTORRR 27, 2004 THIS FIRM IS A DEBT COLLECTOR ATIEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATIEMPT TO COLLECf THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TIEMPT TO COLLECf A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HA VE FAILED TO ENTER A WRlTTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRlTING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RlGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff UA' E HECEIVED DATE PROCESSED SHERIFF'S DEPARTMENT ADAMS COUNTY , PENNSYLVANIA COURTHOUSE,GETTYSBURG,PA17325 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY THE SHERIFF" on the reverse of the last (No.5) copy of this form. Please type or print legibly, insuring readability of all copies. 00 not detach any copies. ACSO ENV.I 2. COURT NUMBER 04-4573 CIVIL 1. PLAINTIFFISI WELLS FARGO FINANCIAL PA, INC. 3. OEFENDANTISI 4. TYPE OF WRIT OR COMPLAINT: EARL E. PARR. JR. AND ETHEL D. PARR MORTGAGE FORECLOSURE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO-BE LEVIED, ATTACHED OR SOLD. EARL E. PARR, JR. SERVE . 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., Slate and ZIP CODE) 203 WEST KING STREET ABBO'ITSTOWN, PA 17301 7. INDICATE UNUSUAL SERVICE: 0 PERSONAL 0 PERSON IN CHARGE 0 DEPUTIZE 0 CERT. MAIL 0 REGISTERED MAIL 0 POSTED 0 OTHER Now, , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return therof according to law. This deputation being made at the request and risk of the plaintiff, AT SHERIFF OF ADAMS COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. 9. SIG..HATURE of A~TTORNEY or other ORIGINATOR requesting service on behalf of: ~I ~ j (J /1 .' 0 PLAINTIFF 0 oc --t, 2r-, ~ _ ~ tl/(L()/V'."'--/ 0 DEFENDANT 215-563-700 SEPTEMBER 28. 2 PACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 12. I acknowledge receipt of the writ I~NATURE of Authorized ACSD Deputy or Clerk and Title 113. Dale Received 114. Expiralioh I K~a1e or complaint as indicated above. , \~ ~. V",,-r.:..Qn: ~~~*-'--~ 10-5-2004 10-31-2004 '\ '~ \~.~ 15. I hereby CERTIFY and RETURN that I M have personally served, 0 have served person in charge, 0 have legal evidence of service as shown in "Remarks" (on reverse) o have posted the above described property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, etc., at the address inserted below by handing/or Posting a TRUE and ATTESTED COPY therof. 10. TELEPHONE NUMBER 11. DATE 16. 0 I hereby certify and return a NOT fOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 17. Name and title of individual served 1'8. A person 01 sunable age and dIscretion I Read Order Ea 1 E P J then residing in the defendant's usual 0 r . arr, r. place of ebode. 0 19. Address of where served (complete only if different than shown above) (Street 01' RFO, Apartmenl No., City, Boro, Twp., 20. Dale of Service 21. Time State and ZIP CODE) 10/5/2004 7: llPM 22. ATTEMPTS I Dme I MIla I Dep.lnt. Date I Miles I Dep.lnt.! Dme I MIles Oep.tnt'l Date I Miles I DeP.lnt'l Date I Miles I. Dep.lnt. 23. Advance CoSts /24, 25. 126. 27. T olaf Costs I 28. COST DUE OR REFUND AFFIRMED and subscribed to before me this N/A "" SO ANSWER. n41"1J 4 I&..). J-Y'} ~A. 00,,,,- By (~D{I Oep. Sheriff) (PIe.... 1m or Type) Date J mes W. Muller 10/5/2004 Signature of Sheriff Dati RAYMOND W. NEWMAN 10 5/2004 day of PrCllhonol*Y/OeputyINotery Public SHERIFF OF ADAMS COUNTY MY COMMISSION EXPIRES I ACKNOWlEDGE RECEIPT OF THE SHERlFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE. 139. Dale Received PROTHONOTARY DATE RECEIVED DATE PROCESSED SHERIFF'S DEPARTMENT ADAMS COUNTY , PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17325 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY THE SHERIFF" on the reverse 01 the last (No.5) copy 01 this lorm. Please type or print legibly, insuring readability of all copies. 00 not detach any copies. ACSD ENV.'" 2. COURT NUMBER 04-4573 CIVTT. .. TYPE OF WRIT OR COMPLAINT: 1. PLAINTlFFISI WELLS FARGO FINANCIAL PA. INC. 3. DEFENDANT/Sf F.'1'HF.T. SERVE . n. PARR ANn F.ART. E. PARR. JR. MORTGAGE FORECLOSURE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD. ETHEL D. PARR 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP CODE) 203 WEST KING STREET ABBOTrSTOWN, PA 17301 7. INDICATE UNUSUAL SERVICE: 0 PERSONAL 0 PERSON IN CHARGE 0 DEPUTIZE 0 CERT. MAIL 0 REGISTERED MAIL 0 POSTED 0 OTHER Now, . I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return therof according to law. This deputation being made at the request and risk of the plaintiff. AT SHERIFF OF ADAMS COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B, WAIVER OF WATCHMAN-Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, withOut liability on the part 01 such deputy or the sheriff to any plaintiff herein lor any loss, destruction or removal of any such property belore sheriff's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of: 10. TELEPHONE NUMBER 1,. DATE FEDERMAN AND PHELAN 0 PLAINTIFF 1617 JFK BLVD, PHILADELPHIA, PA 19103 0 DEFENDANT 215-563-7000 SEPTEMBER 28, 2004 SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 12. I acknowledge receipt of the writ I SIGNATURE of Authorized ACSD Deputy or Clerk and Title 1'3. Date Received I flI. Expiration ill;"~~date or complaint as indicated above. :'\}.......O~~ s. ~ ~<o~ct" 10-5-2004 10-31-2004 ~ . \ .,,~ ~ \- 0 15. I hereby CERTIFY and RETURN that I IXhave personally served, 0 have served person in charge, 0 have legal evidence of service as shown in "Remarks" (on reverse) o have posted the above described property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, etc., at the address inserted below by handing/or Posting a TRUE and ATTESTED COPY therol. 16. 0 I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 17. Name and title of individual served 118. A person of suilable age and discrellon I Read Order Ethel D. Parr ~~r~i~n:g" defendant's usual 0 19. Address of where served (complete only il different than shown above) (Street or RFD. Apartment No.. City, Boro, Twp., 20. Date of Service 21. Time State and ZIP CODE) 10/5/2004 7: l1PM 22. ~TTEMPTS I Date I Mllea' Dep.lnt. 23. Advance Costs I 24. . ,j).OO Ro. Atty. t.$'9321 Date I Mllea 25. I Dep.lnt'l 126. Date I Mllea DeP.lnt'l Date 27. Total Costs $34.20 Pd. I Mil.. I DeP.lnt'l Date I. Miles I Dep.lnt. I 28. COST DUE OR REFUND 10/8/04 $115.80 Ck. #11801 AFFIRMED and subscribed to before me this N/A ) SO ANSWER. . r~~6A u.)~ h'J--4 0 a.... '\. By (SIii1lIXOep. SherilI) (Please PrJ.f or Typel Ja~es W. Muller Signature of Sheriff RAYMOND W. NEWMAN Dale 10/5/2004 Dale 10/5/2004 day of PrOlhonolarylOeputyiNol8ry Public SHERIFF OF ADAMS COUNTY MY COMMISSION EXPIRES I ACKNOWlEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE. I 39. Date Received PROTHONOT )\RY FEDERMAN PHELAN, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO FINANCIAL PA, INC. 3476 STATEVIEW BOULEVARD CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 04-4573 CIVIL ETHEL D. PARR EARL E. PARR, JR. Defendant( s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant ETHEL D. PARR is over 18 years of age and resides at, 203 WEST KING STREET, ABBOTTSTOWN, PA 17301. (c) that defendant EARL E. PARR, JR. is over 18 years of age, and resides at , 203 WEST KING STREET, ABBOTTSTOWN, PA 17301. This statement is made subject to the penalties of 18 Pa, C.S. Section 4904 relating to unsworn falsification to authorities. ~G.~ DANIEL G. SCHMIEG, ~SQUIRE Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT TRACf of bnd situate, lying and being in South Middleton Township, Cumberland County. Pennsylvania, boonded and described, to wit: BEGINNING at a steel pin set on die Nordlwcstemmost edge of Old Town Road (T-535). said Pin marking tfle common point of adjoiner of Loc:s #2 and 1/3 on the hCi'einafter mentioned Plan of Subdivision (said pin also being located, for the reference purposes only, a distance of three hundred twenty-five and four hundredths feet (325.04') as mt".38l1red by the edg.e of the cartWay of Ok! Town Road from a pin on the edge of said cartway at lands now or fonnerly of Keith E. Rockey)~ thence extending in and along tilt Northwestern edge of \he canway of Old Town Road, South thirty-three degrees fifty-<wo minutes fifteen seconds West (S. 330 $2' 15" W.), f(n' a distance of one hundred sh:ty.t-wo and fifty-two huooredths feet (162.S2') to a steel pin set on the Northwestermnost edge of the cartway of Old Town Road at Lot #4 on the herein mentioned Plan; tbence-departing fcom the Northwestern edge of the Old Town canway and extending along Lot #4, North sixty-five degrees forty- five minuteS fifteen seconds West (N. 65045' 15" W.). through a steel pin see on me Nortbwesremmost dedicated right-of-way line of Old Town Road a disWlce of fifteen and fifty-seven hundredths feet (15.57') from the origin of this call. for a total distance of seven hundred thirteen and sixty hundredths feet (713.60') to a $teel pin ar..lands now or formerJy of Anthony Mach, North twenty-three degrees thirty-seven minutes fony-five seconds ~st (N. 2r 37' 45~ E.), for a dl-stanoe of one huodted fifty-six and eJevet1 hundredths feet (156.fl ') to a steel pin at Lot #1. on the hereinafter mentioned Plan; thence extending along Lot #2. South sixty-six degrees four minutes tmOly-five seconds East (S. 660 4' 25ff E,), through a steel pin set 00 the Nortbwesterwnost dedicated right-of-way line of Old Town Road a distance of fourteen and eighty-five hundredths feet (14.85') from the terminus of this call. for a total distance of seven hundred forty-two and (orty-six Jumdredths feet (742.46') to a steet pin Set on the Nortbwestemmost edge or (he Old Town Roa<l <:artway. said pin making tbe place of beginning. CONTAINING 2,'87 acres to fhe dedicattd rlght-<lf-way line and 2.643 acres to. the p~rty line, beiog designated as Lot 113 on a Final Plan of Minor Subdivision prepared fur Rodney Lee Decker, dated August 24. 1984 and recorded in the OffICe of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plat Book 46, at Page 98. TITLE TO SAID PREMISES IS VE~ED IN Earl E. Parr, Jr. and Ethel D. Pan, bis wife by Deed from Earl E, Parr. Jr. and Ethel 0, Elicker, now by marriage Ethel E. Parr. husband and wife, dated 4/111995 and recorded 4/17/1995 in Record Book 120 Page 1123. PROPERTY ADDRESS: 110 OLDTOWN ROAD, GARDNERS, PA 17324 TAX PARCEL: # 40-14-0142-034B t - (::) ~ N :--G tt 'i B - ~ .......... w ~ '0 p:! ~ C) ......., ~ ~ c: c.;:-:) 0 IC;-:) ,c' .L- "'11 {U t r .~1.' ;!~ ._j - f: t~~".:~ f, (,-::.:J :1. -n ~ < rni":C .- " 1::','\ (~) -::-)fTl ~ 0 -,:)r.? r--.., ,. C> ,.~ :'~1 -.'''.. (~) - In .. -",,, C) , 0'\ PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO FINANCIAL PA, INC. Plaintiff, v. No. 04-4573 CIVIL ETHELD.PARR EARL E. PARR, JR. Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $121,589.01 Interest from 11/29/04 to MARCH 2, 2005 (per diem -$19.99) $1,859.07 and Costs TOTAL $123,448.17 ~c;.~ DANIEL G. SCHMIEG, E~QUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. .... .... Q Q ~ ~ r- r- .... .... << =--=-- ~~ 00 E-;E-; 0000 E-;E-; E-;E-; 00 == ~:S Z ~~ OZ U 0 <- <- 00< ~ E-;E-; E-; <> Z ~ ~~ .-d ~~ ~ ~~ ~>< <' U Q) ~- E-;E-; i:: =--00 =-- ~ t n Q) ZZ ~~ '-g 0000 v.l ~ ~ = cc OZ < rIl Q) ~~ ~ c ~~ ZZ ..0 ~ Otj >. ~ <- U =--~ CIJ ~~ CI:l Z E-; - '1-< S O~ < .< ;~ ~t.8 E-;E-; UZ Z fIi ~=-- ]! 0000 ~ ~ ~ . ~~ ~~ Q) ~~ ~ g. ~ ~~ ~~ ~~ 00 0 ~~ 0.. E-;U 01:: ~ ~ Q) ~ ~ c < Q Q I-< ~~ M M Q) ~Z < ~~ ~~ ~ 0< =--- ~ ~ v.l U~ U v.l 00 Q) ~ ~ .i:j I-< ~~ "0 == ~ Q) "0 ~ - < ..... E-;~ ~ =-- ~ Z~ ~U ">-. 'cS c i:;-; ._ S:':. i'- - 3 ~~ :: ..-''"J c: C"? too", :~L~J U"'-j- F ll_ o '- '- - ... '- ... ~ '- ~ ... ... - - '- ... ~ ::: ... .. ~ ... ... ... , I I I () 0 0 () () 0 ~ () 0) ()~ ~ ~~ ~ ~<'( <) ("') ~ j r2 ';:).. G~ ~ ~-....J. Cl'- N) tJ P ~ a V) :;;:~ u ~.~ 1:; :d0:: ~ I I () () () () -:r 0 u; .a -b;:::rnr ~ C? -'.<JIlI" -- ........... ..::r = c:::> <:-.1 -- --) o , ) -f- 'J J ~ S24 ~cJ ....... --.J ~ ~ (Y LEGAL DESCRIPTION ALL THAT TRACT of land situate, lying and being in South Middleton Township, Cumberland County. Pennsylvania. bounded and described, to wit: BEGINNING at a steel pin set 00 tile Northwestcrmnost edge of Old Town Road ('1'-535), said Pin marking the common point of adjoiner of Lots If2 and 113 on the hereinafter mCnlloned Plan of Subdivision (said pin also being located, for the reference purposes only, a distance of t:hree hundred twenry-five and foor hundredths feet (32S.04') as rne38l1red by the edge of the cartWay of Old Town Road from a pin on the edge of said cartway at lands now or fonnerly of Keitb E. Rodc.ey): thence eXlending in aDd along tl1t\ Northwestern edge of \be cartWay of Old Town Road, Soutb thirty-three degrees fifty-twQ minutes fifteen S<:OOIIAb West (S, 33'" 52' IS" W.), for a distance of one hundred sixty-two Clod fifty-two huodredths feet (162.52*) to a &teel pin set on me Northwestermnost edge of the cartway of Old ToWll. Road at Lot 114 on the herein mentioned Plan; thence-departing from me Northwestern edge of the Old Town cartway and exteJlding along Lot #4, North Sixty-five degrees forty- five minutes fifteen seconds West (N. 65045' IS" W.), throo.gh a steel pin set on me Not1hwestetnmost dedicated right-of-way line of Old Town Road a distaDCe of fifteen and fifty-seven hundredths feet (15.57') from the origin of this ~J, for a total distance of seven hundred thirteen and sixty hundredths feet (713.60') to a steel pin at lands now or formerly of Anthony Mach, North twenty-dtree degrees thiny~seven minutes forty-five seconds ~8t (N. 230 37' 4Y E.), for a distance of one hundred fifty-six (f,nd eJeVe11 hundredths feet (156.II') to a steel pin at Lot #1 on the hereinafter m.entioned Plan; thence extending along Lot 112, South sixty-six degrees four minutes tweoly-five seconds East (S, 6604' 25" E,) I through a Steel pin set on the Northwestermoost dedicated right-of-way line of Old Town Road a distance of fourteen and eighty-five hundredths fccc: (14.85') from the terminus of this call, for a totJtl distance of seven hundred forty-two and forty-six hundredths feet (742.46') to a steel pin set 00 the Northwesternmost edge or the Old Town Road cartway, said pin making the place of begim1ing. CONTAINING 2.587 acre$ to the dedicated right-of-way line and 2.643 acres to the property line, being designated as Lot 113 on a Final Plan of Minor Subdivision prepared for Rodney Lee Decker, dated August 24, 1984 and feGO-rded in the OffICe of the Recorder of Deeds in and for Cwnberland County. Pennsylvania in Plat Book 46, at Page 98. TITLE TO SAID PREfo.iISES IS VE~ED IN Earl E, Parr, Jr. and Edtel D. Parr, bis wife by Deed from Earl E, Parr, Jr. and Ethel D. Elicker, oow by marriaae Ethel E. Parr, husband and wife, da(oo 4/111995 and recorded 4/17/1995 in Record Book 120 Page 1123. PROPERTY ADDRESS: 110 OLDTOWN ROAD, GARDNERS, PA 17324 TAX PARCEL: # 40-14-0142-0348 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-4573 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO FINANCIAL PA, INC., Plaintiff (s) From ETHEL D. PARR AND EARL E. PARR, JR. (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $121,589.01 L.L. $.50 Interest FROM 11/29/04 TO 3/2/05 (PER DIEM - $19.99) - $1,859.07 AND COSTS Arty's Comrn % Due Prothy $1.00 Arty Paid $230.60 Other Costs Plaintiff Paid Date: NOVEMBER 30, 2004 CURTIS R. LONG (Seal) Prothonotary ~n~' - P 7llCJVkL r- Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPIDA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 FEDERMAN PHELAN, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO FINANCIAL PA, INC. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION ETHEL D. PARR EARL E. PARR, JR. NO. 04-4573 CIVIL Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~(,.h~ DANIEL G. SCHMIEG, E~QUIRE Attorney for Plaintiff ~:~ (") ~:-:; .' ,- ~:: -....1 ".-,,,J< ... ~ = C,;:':;::) .1:.- -- c:5 <.:.: (",) C) C .J -n :[1 f(j:r1 r-' Tlm ~m :::i! :':::1> a en WELLS FARGO FINANCIAL PA, INC. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS ETHEL D. PARR EARL E. PARR, JR. CIVIL DIVISION NO. 04-4573 CIVIL Defendant( s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) WELLS FARGO FINANCIAL PA. INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .110 OLDTOWN ROAD. GARDNERS. PA 17324. 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ETHEL D. PARR 203 WEST KING STREET ABBOTTSTOWN, P A 17301 EARL E. PARR, JR. 203 WEST KING STREET ABBOTTSTOWN, PA 17301 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL, INC. 1 VALLEY STREET, SUITE 103 CARLISLE, P A 17013 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 110 OLDTOWN ROAD GARDNERS, PA 17324 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 171 05 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. November 29, 2004 DATE ~G.51~ DANIEL G. SCHMIEG, tSQUIRE Attorney for Plaintiff (") f;; ;:;-~~ft ..;_~~. r (/;1" '" c.= <::.c::> ..r:- - _i:L,... C) ...::;; (..-' C) ,~ :'A: C) 0"> .. o -n --I f:l~ ;:r: "rJm ;~I(? ~~j ~'r~ ~~s ~~ rn WELLS FARGO FINANCIAL PA, INC. Plaintiff, CUMBERLAND COUNTY v. No. 04-4573 CIVIL ETHEL D. PARR EARL E. PARR, JR. Defendant(s). November 29,2004 TO: ETHEL D. PARR 203 WEST KING STREET ABBOTTSTOWN, PA 17301 EARL E. PARR, JR. 203 WEST KING STREET ABBOTTSTOWN, P A 17301 * * THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION OBTAINED WILL BE USED FOR THA T PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY ** Your house (real estate) at , 110 OLDTOWN ROAD, GARDNERS, P A 17324, is scheduled to be sold at the Sheriffs Sale on MARCH 2, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $121,589.01 obtained by WELLS FARGO FINANCIAL PA, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only ifthe buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT TRACf of land situate, lying and being in South Middleton Township, Cumberland County, Pennsylvania, bounded and described, to wit: BEGINNING at a steel pin set on tt1e NOl1hwestermnost edge of Old Town Road (T-535). said Pin m..uk ing the conuoon point of adjoiner of Lots ffl and 113 on the hereinafter mCnIioned Plan of Subdivision (said pin also being located, fur the reference purposes only. a distance of wee bundred twenty-five and four hundredths feet (32'.04') as measured by the edge of the cartway of OkJ Town R()ad from a pin on the edge of said cartway at lands now or formerly of Keith E. Rockey); thence extending in and along tbe Northwestern edge of me cartway of Old Town Road, South thirty-three degrees fifty.{wo minutes fifteen sccouds West (S. 330 52' 15" W.), for a distance of one hundred sixty-two and tifty-two hundredths feet (162.52') to a steel pin.set on the Northwestemmost edge of the cartway of Old Town Road at Lot #4 on the herein mentioned Plan; thence-departiDg from the ~orthwesteru edge of the Old Town cartway and extending along Lot #4, Nonh sixty-five degrees forty- five minutes fifteen seconds West (N. 65045' IS" W.). through a steel pin set Oil the Nonbwesternmost dedicated right-of-way line of Old Town Road a distance of fifteen and fifty-seven hundredths feet (15.57 ') from the origin of this call, fur a total distance of seven hundred thirteen and sixty hundredths feet (713.60') to a steel pin at lands now or formerly of Anthony Mach, North twenty-three degrees thirty-seven minures forty~tlve seconds Bast (N. 230 37' 45~ E.), for a discancc of ODe huDdred fifty-six :lnd eleven hundredths feet (156.11') to a steel pin at LO( #2 on tbe hereinafter mentioned Plan; tbence extending along Lot #2, South sixty-six degrees four minutes twcoly-five seconds East (S. 660 4' 25~ E,), through a sleel pin set on the Nortbwesternmost dedicated right-of-way line of Old Town Road It distance of fourteen and eighty-five hundredths feet (14.85') from the rerminus of this call, for a total distance of seven hundred forty-two and fOrty-six hundredths feet (742.46') to a steel pin set on the NOJ1hwesternmost edge of the Old Town Ro.1d cartway, said pin making the place of beginning. CONTAINING 2.587 acres to the dedicated right-of-way tiDe aDd 2.643 acres to the property line, beiug designated as Lot #3 on a Final Plan of Minor Subdivision prepared for Rodney Lee Decker, dated August 24. 1984 and recorded in the OffICe of the Recorder of Deeds in and for Cwnberland County, Pennsylvania in Plat Book 46, at Page 98. TITLE TO SAID PREMISES IS VESTED IN Earl E. Parr. Jr. and Ethel D. Parr. bis wife by Deed Crom E.arl E, Parr, Jr. and Ethel D. Elicker. now by marr~ge Ethel E. PaIT, husband and wife, da(oo 4/1/1995 and recorded 4/17/1995 in Record Book 120 Page 1123. PROPERTY ADDRESS: 110 OLDTOWN ROAD, GARDNERS, P A 17324 TAX PARCEL: # 40-14-0142-034B (") ~; r~:;;:r #,... -.,.. '-., ~))>- c::.: ':-0 ~:::: ~. Pc ~~~~ -< ,..." =, 4.::> ..J::*" :;r: c.) ....::: (,' C) :~ C) 0') o "n .-~ :r: --1 rll \,,'.: -C) rn ...:J C:J I' '\ l .::~ C~) :lj2~ in AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF WELLS FARGO FINANCIAL PA, INC. PJT DEFENDANT(S) ETHEL D. PARR EARL E. PARR, JR. No. 04-4573 CIVIL .--- ACCT. #1180001860 SERVE EARL E. PARR, JR. AT 203 WEST KING STREET ABBOTTSTOWN, PA 17301 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 2, 2005 Served and made known to t:.~ \ E. Po-"....... , 200~, at 8.' ~ r-, o'clock :fm., at ~O..3 \.U . SERVED ~ , Defendant, 00 the J ~ day of ()c,. <::: . t-.l~ ~. / Js.loloo \~~~.,J l<~ , Commonwealth of Pennsylvania, in the manner described below: ~ Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: , r< c:;;:/ 'f-c..~" ~ Description: Age -Zf.' Height ~ /1 Weight /...!1..2.... Race \.() k Sex ~ Other L,)~ u r .. (,. I,C\,,"(C~<' ~ l. G.cc..~1 ,dv,' a competent adult, being duly sworn according to law, depose and state that I personally handed a true and cOh-ect copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. NOtWALSEAL Sworn to and subscribed LUCILlE H. CARTY, =PubIIc beforj\ me this ~ day TOIII , Ii Ccxnr of lJ~. 200~ //J My - 10,DJ7 Notary~ ~~. By: ~ PLEASE ATTEMPT SER~CE AT LEAST 3 TIMES. INDICATE DA ATTEMPTED. NOT SERVED On the day of , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: / / Time: 2nd Attempt:_ / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _. Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 .... "- (") r--.:l = ~ c ~ ~~ .:J:- -0 t:n I::) :I!-n rnr-r, 1""'1 :z: ._, ("") rnp: zr:: N -om :2"',- :H CJ r::r CO 26 <:::: - ~ -u -r-r. ?r' ,.--r; :x (;- kC ""'-.C> -':;-rn >c ~ 0 Z --I ....,. ~ .r::- ,~ ''11 ......J CP ...< AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO FINANCIAL PA, INC. CUMBERLAND COUNTY PJT No. 04-4573 CIVIL DEFENDANT(S) ETHEL D. PARR EARL E. PARR, JR. ~ ACCT. #1180001860 SERVE ETHEL D. PARR AT 203 WEST KING STREET ABBOTTSTOWN, PA 17301 lLype of Action - Notice of Sheriff's Sale Sale Date: MARCH 2, 2005 Served and made known to ....fijj-t e. ( at 9,1~~0'clock-fm.,at ~~ . () SERVED ~~ &~ 1{) · · , Dofondant, on t~'~ day of W. /(,~) ~" Ab~) ~t-J " vJ~~ LL _ , 200~,- , Commonwealth of Pennsylvania, in the manner described below: ~ Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge of Defendant( s)' s office or usual place of business. an officer of said Defendant(s)'s company. ~uc:) b~~ ~ 1.:: ~~ ~ 'f: I ~ I/' tr Other: , , l ~ l . Description: Age -/!Q. Height ELi weight/-Jt..-n Race W L. Sex Mather '5 CO" 5' \[ ~ t & \ <<.. ~, L n ~ dV' . . I,LPC"w \..~ ~ \..:3r',~"" .1+' a competent adult, bemg duly sworn accordmg to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner a ... . Cllse on the date and at the address indicated above. NCITARlALSEAL LUCIlLE H. CARTY, =PubIc Sworn to and subscribed l.etMy~ ' F County befo~ me this ~day ~ Nov. 10,2007 ~ot"y~:~ ~~ By ~ ;fi P~~PT SERVICAT LEAST 3 TIMES. INDICATE DA S & TI~ES OF SERVICE ATTEMPTED. NOT SERVED On the day of ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1st Attempt: I I Time: 2nd Attempt:_ I I Time: 3rd Attempt: I I Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - LD. No. 62205 () c ~~ -o(.n (Dr.;.: ~(-,. L........ 1"'-, (fJ "". . -<...... r:; f~-? <...- >C~ Zn >e: -/ ~ I'"-.) c::::> c::::> .s:- o f"'I'1 ("") N a> -0 3 N .. o -n -t I-n nl- -oh1 ::DC? 06 :r~ Qo /...m 9 "tz- ~:; :...:.: .s:- a> IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO FINANCIAL P A, INe. ) CIVIL ACTION ) vs. ETHEL D. PARR EARL E. PARR, JR. ) CIVIL DIVISION ) NO. 04-4573 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for WELLS FARGO FINANCIAL PA, INC. hereby verify that on 12/3/04 true .and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: January 21, 2005 -l\() NlI 00 J\ ~)\JY\ j Y ~ ~HM G,ESQUIRE Attorney for Plaintiff II ~...; I o 0 I I :;: S" - :;;: - " z '-" ::;:; - - t'" N - 0 ~ 00 -..) t:'_~ 0. ,~ "" ~. H w N - ~o CO' ~!l, W J> 0 !l" ;:l. 0' CD z c 3 CT CD "'.-; ~ .., o 0 ~ E- n @ . z :r: n CI 2 ;:i t>1 ::j 0 0 . t-' ~ Z ~ ~ ~ 6" CI Z ~ t'1 !l, . 0 ,. - ~ " )> 0 C/J ~ 0"' -I Rl~ ~ z 0 ~ n J o . n n ;; ~ t'1 1:i )> ~ r ~ t'" ~ Z ,~ ~ ,. ,n - . 0 0 0 ~ - ." Z .. - " C/J ~ < ;:; "'"' )> t'1 0 0 ;p t-' 0 ~ ." 3 o~ t-' G ~ ~ ~ 1% t'1 C/J ,. ~ ~ ~.' -<: -I [ "' C/J 0 ~ -I ~ ffi t>1 :;: 1:i ~ . ~ t'1 e; ~ " ,-I '" C/J )> CI II S p 1iJ n ~: -I Cl ~ ~ '" t'1 ~ ;:; ~ -I ,w :< ~~g.~;J ~ f;2 - .29~'~ ? W f2~;:g= t ,C/J 0 Z ..... (Il 0 p- "0 ." 0 ;g~~g ~ C/J )> ::;:: 1"1 a ~. ~. a. E t'" - Ul 3 -' 0 ::of ,t'1 -..) t'1 :r: ;s 3 ~ ~ g" I:C w t;; "0 N :r: - -~ ;J> "" ,~ 8'[~g~ ~ .... " 0 s - ;:"g '0 ~ -..) a._.g~ g S 0 g.~~ g.~' -I w " < o '" ..., 0- <ll ~ 0 t>1 6l ~ is 1'b.g I:C ;u o ana. =r ~;:r~~2. 0 en o (;;"... 5" 0 N X ~ ~ ~ ~ <t ~ N "" ,~. ::l ~ C. ~ 0"'" 1;;- -..) t'1 . 01$5 go .'-" ,-I o ~~ 8' ~ " ~ n :: ~- ~ g. o g , )> ~.;:: 'Q ~ ~ * :3 ~ ::- @ ~.'" ::l Eil c..a$;~ en g to ~.:::I I:C t'" _. g 0: ~ ~ .t'1 ;;.2' g g "0 !::"1:l ~ ~ ~~::l~ .0 ;J> &*~~ .g_ g g t p,,-S POs, o rn '" ::l ~ ~ ~ ~ II 4' '%-", _. <"0 ~_ . . iE' {1 rc~~~~'~~ ::I ~ 0 ;:l , N' _ .=$""'= 5 z:~." ~ ,< J ~..Jt~Asm:m!il'rdh...~' ::t !::. Ol 3 ::l ~'~PlrNtVBO'>NE~' ,~ g -;1 ~ $ 01.200 en ~ ?; 3 . . 02 ii-'. g g. <1> c 0')04300377 DE:C C3 20 00>;;; 3 o _. MAILEOfROM ZIP CODE -; 91 03. \ 00-'>'>0 g ~"~ g. ;;.:r 8 g I c' ~h:;; ~fi"O ~ ~ ~.~. ~ ~ ~ g Q' ~ o>z ...,Q... (IlQ.3 CD ... CD = ~ ~ ~1Il= ... Q. "O-O>T1 ~~:rtrJ E'-.....JrtlC' o...,-<""tltTl ~g.B~ ",' "i n)> ~ . t'll Z ."....." ;:>n(t'"t1 -B;;;~ 1,O(tl-.trJ -o..",r 0,< '" > ~t:Ocrz - 0 Ei' oo~O"'r --"'r -4 ~ 5 '"0 ""'''' ~apr ~ ~ g. c....; E.;j ....,(0 ;l .g ~ CD 0 '" ~\ ~ \ ,..' c;;.~ (,~) i.r <-- "':~.~ ~: r-" ^~ ~ ({1 --' ~-( ...{\. ~\~"'f~' .,,,)ij--\ ~_t) 1...\ ,-') ... . "-', ~,~! -0 '?'~ ,..~, 1 .~ (~~t ,....i.". \ c~? L~) 0.) - PHELAN HALLINAN & SCHMIEG, LLP 1"awrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff WELLS FARGO FINANCIAL PA, INC. Plaintiff Court of Common Pleas CUMBERLAND County No. 04-4573 CIVIL vs. ETHEL D. PARR EARL E. PARR, JR. Defendant( s) PRAECIPE TO WITHDRAW COMPLAINT, VACATE JUDGMENT AND DISCONTINUE AND END ACTION. WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, vacate the judgment entered on 11/30/04 in the amount of $121,589.10 and mark this case discontinued and ended, upon payment of your costs only. s - /c ~ t? r By: .~.[~ Lawr~e T. Phelan, Esq. Francis S. Hallinan, Esq. Daniel G. Schmieg, Esq. Attorneys for Plaintiff Date (.:~~ ---------- Wells Fargo Financial PA, Inc. VS Ethel D. Parr and Earl E. Parr, Jr. In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-4573 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that e made a diligent search and inquiry for the within named defendants, to wit: Ethel D. arr and Earl E. Parr, Jf., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Adams County, Pennsylvania, to serve the within Real Estate Writ, Notice of Sale and Description according to law. ADAMS COUNTY RETURN: Now, December 6, 2004 at 9:20 o'clock PM served the within Writ of Execution, Notice of Sale and Description upon Earl E. Parr, Jf. at 203 West King Street, Abbottstown, PA by handing to Earl D. Parr two true and attested copies of the original Writ of Execution, Notice and Description and made known to him the contents thereof. So answers: Jonathan Bankert, Deputy Sheriff. Kurt Haag, Deputy Sheriff, who being duly sworn according to law, states that n January 03, 2005 at I :00 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Ethel D. Parr and Earl E. Parr, Jf., located at 110 Oldtown Road, Gardners, Pennsylvan a, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states 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 the within named defendants, to wit: Ethel D. Parr and Earl E. Parr, Jr., by regular mail to their last kno address of203 West King Street, Abbottstown, PA 17301. These letters were mailed under the date of January 04, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this wr is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriff s Costs: Docketing 30.00 Poundage 22.04 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1. 00 Mileage 6.66 Levy 15.00 Surcharge 30.00 10 i ~ fJ54 !J)r~ . i I'll 'lr P) I ~ Out of County Adams County Law Journal Patriot News Share of Bills 9.00 34.20 479.30 435.37 30.73 $1123.80 Sworn and subscribed to before me So Answers: This,28 ~q? ~'"'<~ ~;:~;if';;;ff WELLS FARGO FINANCIAL PA, INC. ' CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLE S ETHEL D. PARR EARL E. PARR, JR. CIVIL DIVISION NO. 04--4573 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) WELLS FARGO FINANCIAL PA, INC., Plaintiff in the above action, by its attorney, NIEL G, SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was lied the following infonnation concerning the real property located at 110 OLD TOWN ROAD G RDNERS PA 17324. ]. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ETHEL D. PARR 203 WEST KING STREET ABBOTTSTOWN, PA 17301 EARL E. PARR, JR. 203 WEST KING STREET ABBOTTSTOWN, PA 17301 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None ( , ! 4. Name and address oflast recordell holder of every mortgage of record: Name Last Known Address (if address canno be reasonably ascertained, please indicate CITIFINANCIAL,INC. 1 VALLEY STREET, SUITE 103 CARLISLE, PA 17013 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address canno be reasonably ascertained, please indicate None 6. Name and address of every other person who has any record interest in the property a d whose interest may be affected by the sale. Name Last Known Address (if address canno be reasonably ascertained, please indicate None 7. Name and address of every other person of whom the plaintiff has knowledge who ha any interest in the property which may be affected by the sale: Name Last Known Address (if address canno be reasonably ascertained, please indicate TenantlOccupant 110 OLDTOWN ROAD GARDNERS, PA 17324 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of y personal knowledge or information and belief. I understand that false statements herein are made ubject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. November 29,2004 DATE ~1(;.~~ DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff i . WELLS FARGO FINANCIAL PA, INC. Plaintiff, CUMBERLAND COUNTY v. No. 04-4573 CIVIL ETHEL D. PARR EARL E. PARR, JR. Defendant(s). November 29,2004 TO: ETHEL D. PARR 203 WEST KING STREET ABBOTTSTOWN, PA 17301 EARL E. PARR, JR. 203 WEST KING STREET ABBOTTSTOWN, P A 17301 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INF MATION OBTAINED WILL BE USED FOR IHAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISC ARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CO TRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY ' Your house (real estate) at 110 OLDTOWN ROAD GARDNERS P A 17324 is scheduled to be sold at the Sheriffs Sale on MARCH 2, 2005 at ]0:00 a.m. in the Cumberland Count Courthouse, South Hanover Street, Carlisle, P A ] 70] 3, to enforce the court judgment of $121,589.01 btained by WELLS FARGO FINANCIAL PA, INC. (the mortgagee) against you. In the event th sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rul 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must ay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to st 'ke or open the judgment, if the judgment was improperly entered. You may also ask the ourt 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 ore chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OT ER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bid er. You may find out the price bid by calling (2 I 5) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was oss]y inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due i the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount duc from the Buyer is not paid to the Sheriff, you will remain the wner ofthe 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 t e Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedin s to evict you. 6. You may be entitled to a share of the money which was paid for your house, A s hedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days ofth sale. This schedule will state who will be receiving that money. The money will be paid out in accord nce with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed w h the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, f you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO N T HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE ISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It ma n t be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must e postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 / LEGKL DESCRIPTION ALL THAT TRACf of land siluate, lying and being in South MiddlelOn Township, Cumberland County, PellllSylvania, bounded 3rW described, to wil: BEOlNNlNG at a steel pin set on me Nonhweslernmosl edge of Old Town Road (T-535), said Pm marking the colllmon point of atljoiner of Lots It2 and 1/3 on the hereinafter menrioned Plan of Subdivision (said pin also being locatoo, for the reference purposes only, a distance of rhree hundred lwenty-five and foor hundredths feet (325.04') as measured by lhe edge of llle cartway of Ok! Town Road from a pin on the edge of said ~rtway at lands !}Ow or fOl1l1erly of Keith E. Rockey); thence extending in and a1(mg the Northwestern edge of the cartway of Old Town Road, Soodl thirty-three degrees fifty-two minutes fifteen secollds West (S. 33' 52' IS" W.), for a dislanCe of OIlC hundred sixty-two alld lIftY-IWO hUndredlhs feel 062.52') to a steel pin set on the NorlhweslermnoSt edge of the cartway of Old Town Road at Lot #4 on the herein m~'Iltloned Plan; thence-departing from the Northwestern edge of the Old Town cartway and extetllling along Lot #4, North sixty-five degrees forty- five minutes filleen secotllls Wesl (N. 65" 45' 15" W.), through a steel pin 5('( on the Nonhweslernm05t dedicated right-of-way line of Old Town Road a disUu:ice of I1fteell and fifty-seven Illmdredths fect ( 15.57') fTOlllthe origin of this call, for" Iota! distance of seven hundred thirteen an<! sixty hundredths feet (7l3 .60' I 10 a steel pin at lands llOW or formerly of Anthony Mach, North twenty-three degrees thirty-seven miUlltes forty.five second~ East (N. 23' 37' 45" E.), for a distance of one hundred fifty-six 'lull eleven hundr<:dlhs red (156.11 ') 10 a steel pin at Lot 1/2 on tbe hereinafter mentioned Plan; lbenee extending 1!1rmg LoI #2, Sonth si:ny-six degrees four minutes lweoly-five seconds East ($. 66" 4' 25' E,), IllrOllgh a sleel pin set on the NorlhwcslermnoSl dedicated right-of-way liIlC of Old Town Road a di,UllCC or fourteen and eighty-five bundredths feet (14.85') from the terminus of this call. for a total distance of seven hundred fortY-lwo and forty--six hundredtlts feet (742.46') to a steel pin set on Ihe Nortbwestemmosl e\lge of the Old Town Road cartway, said pin ll~king the place of beginning. CONTAINING 2.587 acres 10 tbe dedicated right-of-way Iille and 2.643 acres to the property line, being designated a. LoI #3 on a Final Plan of Minor Subdivision prepared foc Rodney Loo Decker, dated August 24. 1984 and rerorde\l ill the Of(<<:e of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Pint Book 46, at Page 98. TITLE TO SAID PREMISES IS VESTED IN Earl E, Parr, Jr. and Et.hel D. Pan, bis wife by Deed from Earl E. Parr, Jr. and Ethel D. Elicker, oow by marriage Ethel E. Parr, husband and wife, dated ~II!I995 and recorded 4/1711995 in Record Book 120 Page 1123, PROPERTY ADDRESS: 110 OLDTOWN ROAD, GARDNERS, PA 17324 TAX PARCEL: # 40-14-0] 42-034B WRIT OF EXECUTION and/or ATTACHMENT -- COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 04-4573 Civil CIVIL ACTION ~ LA TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO FINANCIAL PA, INC., Plaintiff ) From ETHEL D. PARR AND EARL E. PARR, JR. (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined fro paying any debt to or for tbe account of the defendant (s) and from delivering any property afthe defenda t (s) or otherwise disposing thereof; (3) If property afthe 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 himlher that he/she has been added as garnishee and is enjoined as above stated. Amount Due $121,589.01 L.L. $.50 Interest FROM 11/29/04 TO 3/2/05 (PER DIEM - $19.99) - $1,859.07 AND COSTS Atty's Carom % Due Prothy $1.00 Atty Paid $230.60 Other Costs Plaintiff Paid Date, NOVEMBER 30, 2004 CURTIS R. LONG (Seal) prothaz ~y: a.-" LE? 7rCUrJ D r--- Deputy REQUESTING PARTY, Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale #32 On December 02, 2004 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as I 10 Oldtown Road, Gardners, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 02, 2004 ByJocL~~ t~ Real Estate Deputy I O:b 'i/ I - J]O ~OOl V'd 'AINIiO:J UN'ria3l:JWf1:J .:I.:IIH3HS 3Hl .:JO 3:)1.:1.:10 ~ c:-,@ ---., r~.,,:-"J .J D .iA '^~, . REAL ESTATE SALE NO. 32 steel pin at lands now or formerly of Anthony Mach, North twenty- three degrees thirty-seven minutes forty-five seconds East (N. 2~0 37' 45" E.). for a distance of one hun- dred fifty-six and eleven hundredths feet (156.11') to a steel pin at Lot #2 on the hereinafter mentioned Plan; thence extending alo"4 Lot #2, South sixty-six degrees four minutes twenty-five seconds East IS. 660 4' 25" E.), through a steel pin set on the Northwesternmost dedicated right-of~way line of Old Town Road a distance of fourteen and eighty- five hundredths feet [14.85') from the terminus of this call, for a total distance of seven hundred forty-two and forty-six hundredths feet (742.46') to a steel pin set on the Northwestemmost edge of the Old Town Road cartway. said pin mak- Ing the place of beginning. CONTAINING 2.587 acres to the dedicated right-of-way line and 2.643 acres to the property line, being designated as Lot #3 on a F1~ oa! Plan of Minor Subdivision pre~ pared for Rodney Lee Decker. dated August 24. 1984 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plat Book 46, at Page 98. TITLE TO SAID PREMISES IS VESTED IN Earl E. Parr, Jr. and Ethel D. Parr, hiS "Wife by Deed from Earl E. Parr, Jr. and Ethel D. Elick- er now by marriage Ethel E. Parr, h~sband and wife, dated 4/1/1995 and recorded 4/17/1995 in Record Book 120 Page 1123. PROPERTY ADDRESS: 110 Old Town Road, Gardners, FA 17324. TAX PARCEL: #40-14-0142- 0346. WIit No. 2004-4573 Civil Wells Fargo Finandal P A. Inc. vs. Ethel D. Parr and Earl E. Parr, Jr. Atty.: Daniel Schmleg LEGAL DESCRIPTION ALL THAT TRACT of land situate, lying and being in South Middleton Township, Cumberland County, Pennsylvania. bounded and de~ scribed. to wit: BEGINNING at a steel pin set on the Northwestemmost edge of Old Town Road (T.535), said Pin mark- ing the common point of adjolner of Lots #2 and #3 on the hereinafter mentioned Plan of Subdivision (said pin also being located, for the ref~ erence purposes only. a distance of three hundred twenty-five and four hundredths feet (325.04') as meas- ured by the edge of the cartway of Old Town Road from a pin on the edge of said cartway at lands now or formerly of Kf'dth E. Rockey): thence extendjng in and along the Northwestern edge of the cartway of Old Town Road, South thirty- three degrees fifty-two mjnutes fif~ teen seconds West (S. 330 52' 15" W.), for a distance of one hundred sixty-two and fifty-two hundredths feet (162.52') to a steel pin set on the Northwestemmost edge of the cartway of Old Town Road at Lot #4 on the herein mentioned Plan: thence-departing from the North- western edge of the Old Town cart- way and extending along Lot #4. North sixty-five degrees forty-five minutes fifteen seconds West {N. 650 45' 15" W.). through a steel pin set on the Northwestemmost dedicated light-of-way line of Old Town Road a distance of fifteen and fifty-seven hundredths feet (l5.57') from the origin of this call. for a total dis- tance of seven hundred thirteen and sixty hundredths feet (713.60') to a REAL ESTATe SALE No. 32 Writ No. 2004-4573 Civil Term Wells Fargo Financial PA, Inc. Vs Ethel D. Parr and Eat: 1:. Parr, Jr. AtIy: Daniel Schmeig DESCRIPTION line of Old Town Road a distance of fifteen and fif1y-seven blllldredtbs feet (15.57 feet) from the origin of Ibis caIJ.. for a toiaI distance of seven bun- dt<d.tbirt= and sixty bun-<lredths feet (713.60 feet) to a steel pin at lands now or formerly of Anthony Mach, North twenty-three degrees lbirty-seven IIlinures forty-five seconds East (N. 23de-grees 3711linures 45 seconds E.). for a dis- tance of one hundred-fif1y-six and eleven bun. dred1bs feet (156.11 feet) to a steel pin at Lot 112 on the bereinafler l!l"Dtioned Plan; thence extend- . ing along Lot 112. South silty-six degrees four min- utes twenty-five !econds East (S. 66 degrees 4 _ 25 s",,-oDds E.). through a steel pin set on the NorthwestemlDOst dedicated rigbt..,f-way line of Old Town Road a distance of four1fen and eighty-liveblllldredtbs feet (14.85 feet) from the .~ !If 1biscaIJ. for . tollIl distance of seven ir--mu..ll!'l'UOffi'--IWQlJIdforty,six hIJl!-4tedtbs feet l(742.46 feet) III a ~ pin set on the 'iNonb_ edge !If the flhl Town Road cart-way, said pin making lbe place of BEGINNING. . CONTAlNlNG 2.587 ~ to the dedicated rigbt"'f-way line and 2.643 ~ to the property line, being designated as Lot #3 on a FmaI Plan of Minor Subdivision prepared for Rodney ke Decker, dated August 24, 1984 and re-corded in the ()ffice !If the Re-<:onIer of Deeds in and for Cum-berlllnd County, PennsylvaniJl in Plan Book 46, at Page 98. Tm..E TO SAlDpremises is vested in Earl E. Parr, Jr. and Ethel D. Parr, his wife, by Deed from Ead E. Parr, Jr. and Ethel D. Elicker, now by mar- riage Ethel E. Parr. buSband and wife, dated 4/11 1995 and recorded 4/t7I1995 in Record Book 120 Page 1123. PROPERTY ADDRESS: 110 Oldtown Road. Gardners, PA 17324. . TaxPan:e!1I4ll-14-0142-034B. AIL THAT TRACT of land silllale, lying and being in So.tIt Middleton Township: Ctuuberland County, Pennsylvania, bonnded and described, to wit: BEGINNING at . steel pin set on the Northwestemmosl edge of flhl Town Road (T- 535).said Pin 1Dalting the common point of ad- jOiiler- of Lots 112 lind 113 oil the bcicinafter'men- ti<lllell Plan of Sub-division (said pin also being lo<ated, for the reference purposes only, a dis- tance of three hundred twenty-five and four-bun- dred1bs feet (325.04 feet) as measured by the edge of the cartway of Old Town Road from a pin on . the edge of said cartway at lands now or formerly of Kcilb E. Rockey); thence extending in and along the NoIlhwestem edge of the cartway of Old Town ROad, South lbirty-three degrees fif1y- two minutes fif-teen seconds West (S. 33 degrees 52 minutes 15 =nds w.). for a distance of one bundred sixty-two and fif1y-two bundred1bs feet. (162.52 feet) to a steel pin set' on the NoIlhwesternmost edge of the cartway of Old Town Road at Lot 114 on the herein mentioned Plan; thence departing from the North-western CIlge of the Old Town cartway and extending along Lot 114, NoIlh sixty.five degrees forty-five minutes fifteen seconds West (N. 65 degrees 45 minutes 15 s",,-onds W.), through a steel pin set on the Northwesternmost dedi-eated right-of-way .