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HomeMy WebLinkAbout01-5010GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff WELLS FARGO BANK MINNESOTA NA AS TRUSTEE c/o GRP Loan Corp. 444 Park Avenue South, 8th Floor New York, NY 10016-7321 Plaintiff vs. MELVIN F. AUCKER JR. AND MICHELLE L. AUCKER (Mortgagor(s) and Real Owner(s)) 1610 Orrsbridge Road Enola, PA 17025 Defendant(s) : IN THE COURT OF COMMON PLEAS : OF CLrMBERI.~'qD COUNTY CIVIL ACTION - LAW :ACTION OF MORTGAGE FORECLOSURE ; ~ORECLOsuRE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATT~I~PTING TO COLLECT A DEBT OWED TO OUR CLIENT. ~ INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 the Complaint and notice are sezved, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or Other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CAN/qOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTR BELOW TO FIND OUT W~ERE YOU CAN GET LEGAL RELP. Cunlberland County Bar Association 2 Liberty Avenue, Carlisle. PA (800) 990 9108 Legal Services Inc. 8 Irvine Row, Carlisle, PA 17013 AVISO LE H~N DESg~NDADO A USTED EN L~ CORTE. SI DESEA DEFENDERSE COA~ LAS QUEJAS PERESEI~TADAS, ES ABSOLUT~%MENTE NECESSARIO QNE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA y AVISO. PkRA DEFENDERSE ES NECESSARIO QUE USTED, O SUABOGADO, REGIETRE CON L~CORTE EN FORMAESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEF~%NDA. RECUERDE: SI USTED NO REPONDE A ESTA DEM~A, SE PURDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DE~%NDANTE y REQURRIP~QURUSTEDCL~PLACONTODAS LAS PROVISIONES DE ESTA DEMA~A. PORP~ZON DE ESA DECISION, ES POSSIBLE QUE USTED pUEDA PEPPER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOG~%DO Ib~4EDIAT~24ENTE. SI NO CONOCE A UNABOG~%DO, LLAMEAL "~WYER REFERENCE SERVICE" (SRRVICIO DE REFERENCIA DEABOGADOS), 215-238 6300. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800~ 990 9108 Legal Services inc. 8 Irvine Row, Carlisle, PA 17013 (717) 243 9400 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is WELLS FARGO BANK MINNESOTA NA AS TRUSTEE, c/o GRP Loan Corp., 444 Park Avenue South, 8th Floor, New York, NY 10016-7321. 2. The name(s) and address(es) of the Defendant(s) is/are MELVIN F. AUCKER JR., 1610 Orrsbridge Road, Enola, PA 17025 and MICHELLE L. AUCKER, 1610 Orrsbridge Road, Enola, PA 17025, who is/are the mortgagor(s) and real owner(s) of the mortgaged property hereinafter described. 3. On June 28, 1999, mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERIQUEST MORTGAGE CO., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1555, Page 759. By Assignment of Mortgage dated July 6, 1999, the mortgage was assigned to Plaintiff, which Assignment is lodged for ~ecording. These documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). 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 May 1, 2000, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance Interest from 4/ 1/00 through 8/31/01 at 10.500% Per diem interest rate at $18.28 Attorney's Fee at 5% of Principal Balance Late Charges 5/ 1/00- 8/31/01 Monthly late charge amount at $34.99 Costs of suit and Title Search $ 63,540.97 9,450.76 3,177.05 559.84 750.00 Escrow Balance Monthly Escrow amount $ $ 77,478.62 7. The Attorney's Fees set forth above are with the Mortgage documents and Pennsylvania law, collected in the event of a third party purchaser $ 77,478.62 in conformity and, will be at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale reasonable Attorney's Fees will be charged based on work actually performed. 8. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant(s) by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A". The Defendant(s) has/have not had the required face to face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant(s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure the sum of $77,478.62, together with interest at the rate of $18.28, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. GOLDB~C~ M~Q~FFERTY & McKEEVER BY: ~oseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff VERIFICATION 1, Marlene A. Hahn, as the representative of the Plaintiffcorporation within named do hereby verify that 1 am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: Marlene A. Hahn Loan Department Head GRP Financial Services Corp. T~wn~h£p. Cu~becl~n~ County, ~enneyl~&~, being more bounded and deocr~e~ e~ ~O~i~s~ Co and Five Ten%h~ (183.5) feet, more or less ~o a point a~ eouthea~t corner of lend now or formerl~ o~ Ga--~ g. waLker~ by s~me Sou~h 79° 05' East t~0 Hu~e~ Twenty-%~o (222) ~eet mo~g lass to ~ point at l~nd now or ~a~erl~ o~ ~ G. Hoo~a o~ =o=~r o~ the aforem~ld ~n~ now or fo~rl~ o~ Ellen Baker, hie wi~e, by their dead da~e~ ~e~y 6, 1953 and BOO~ "K', Vo~. 15) p~ge 120, ~an~ and con~ un=o Harold 176 P, ct 7106 4575 1294 0419 4159 7106 4575 1294 0419 4166 ACT 91 NOTICEEXHIBIT EX TL OF NOTICE: 12/11/00 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and th~ lender intends to foreclose. Specific information about the nature of the default provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address an phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, yon ma,/call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing 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 any attorney in your area. The local bar association may be able to help you find a lawyer. La notificacion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenidoAe esta notificafion.obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada 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. 1 Prepared by: GOLDBECK McCAFFERTY & McKEEVER Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 Fax (215) 627-7734 Date: December 11, 2000 Homeowners Name: MELVIN F. AUCKER JR. and MICHELLE Li'AUCKER Property Address: 1610 Orrsbridge Road, Enola, PA 17025 Loan Account No.: 6735 Original Lender: AMERIQUEST MORTGAGE CO. Current Lender/Servicer: GRP FINANCIAL SERVICES CORP. HOMEOWNERS' 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 th_e 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 attend a "face-to-face" meeting with one of the designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRINL' YOUR MORTGAGE UP TO DATE. 1HE PART OF THIS NOTICE CALLED "HOW TO 2 CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUi( MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you 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 telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentk~ns. 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 this problem 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's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist yo~ in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your fact-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued 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 IN BANKRUPTCY, THE ~ INFORMATION PURPOSES'ONI~¥ AND ATTEMPT TO COLLECT THE DEBT, (If you have filed bank~ Emergency apply for 3 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: 1610 Orrsbridge Road, Enola, PA 17025 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: (a) Monthly payment from 5/1/00 thru 12/11/00 (8 mos. at $583.15/month) (b) Late charges from 5/ 1/00 thru 12/11/00 (8 mos. at $34.99/month) (c) Other charges; Escrow, Inspec., NSF Checks (d) Other provisions of the mortgage obligation, if any (e) TOTAL AMOUNT OF (a) (b) and (c) REQUIRED AS OF THIS DATE $ 4,665.20 279.92 $ 4,945.12 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $4,945.12, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: GRP FINANCIAL SERVICES CORP. 444 Park Avenue South 8th Floor New York, NY 10016-7321 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the morteaee debt. This means that the egfi,r9 ~9~utstanding balance of thi$,t:lebt }rill be considered due immediately and you may lose the chance to pay the mortgage in monthly ~nstallments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon yonr mort a ed ro eft . IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you 4 cure the delinquency before the lender beings legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period~ you will not be required h, pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you per'sonally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SAI,E - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or othc, charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately four (4) to six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will bc sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: GRP FINANCIAL SERVICES CORP. Address: 444 Park Avenue South 8th Floor Phone Number: 212-951-2400 Fax Number: 212-686-7018 Contact Person: Albert Nolberto EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your 5 ownership of the mortgaged property and your right to occupy it. If you continue to live 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. ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all 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 IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, 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 F ' ORECLOSURE PROCEEDING OR ANY OTHER LAWSUiT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Contact Person: Albert Nolberto Phone Number: 212-951-2400 6 PENNSYLVANIA HOUSING FINANCE 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) 541-1757 URBAN LEAGUE OF METROPOLITAN HARRISBURG 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 COMMUNITY ACTION COMM OF THE CAPITAL REGION 1514 Deny Slxeet Harrisburg, PA 17104 (717) 232-9757 FAX 234-2227 FINANCIAL COUNSELING SERVICES OF FRANKLIN 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA OF CARLISLE 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 ADAMS COUNTY HOUSING AUTHORITY 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 SHERIFF'S RETURN - .CASE NO: 2001-05010 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK MINNESOTA NA VS AUCKER MELVIN F JR ET AL REGULAR BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon AUCKER MELVIN F JR the DEFENDANT , at 0912:00 HOURS, on the 30th day of August at 1610 ORRSBRIDGE ROAD , 2001 ENOLA, PA 17025 MELVIN F AUCKER JR by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 8 45 00 10 00 00 36 45 Sworn and Subscribed to before me this /~ ~-- day of _.d~?~_. ~., ~.~. ~_ ~z,/ A.D. ' {~rothonot ary So Answers: R. Thomas Kline 09/04/200 GOLDBECK MCCAFFERTY MCKEEVER Deity ~'heriff SHERIFF'S RETURN CASE NO: 2001-05010 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK MINNESOTA NA VS AUCKER MELVIN F JR ET AL - REGULAR BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to says, the within COMPLAINT - MORT FORE was served upon AUCKER MICHELLE L the DEFENDANT , at 0912:00 HOURS, at 1610 ORRSBRIDGE ROAD on the 30th day of August , 200___~1 ENOLA, PA 17025 MELVIN F AUCKER JR by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His 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 .~3~ day of ~,~ ~7 A.D. ' ~rothonot ary ' R. Thomas Kline 09/04/2001 GOLDBECK MCCAFFERTY MCKEEyER E~puty~erif~ ~' - GOLDBECK McCAFFERTY & McKEEVER By: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 ATTORNEY FOR PLAINTIFF Wells Fargo Bank Minnesota N.A. as T/Tee c/o GRP Loan Corp., 444 Park Avenue South, 8th Floor New York, NY 10016-7321 Vs. Melvin F. Aueker Jr. 1610 Orrsbridge .Road Enola, PA 17025 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO 01-5010-Civil Michelle L. Aucker 1610 Orrsbridge Road Enola, PA 17025 PRAECIPE FOR JUDGemeNT FOR FAILURE TO ANSWER AND ASSES~NT OF DA~A~m~ TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against Melvin F. &u~ker Jr. and Mf~helle L. Au~-v, Defendants for failure to file an Answer to Plaintiff's Complaint within 20 days (or 60 days if defendant is the United States of America) from the date of service of the complain and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest - 9/1/01 - 10/11/01 Late Charges TOTAL $77,478.62 $ 749.48 69.98 $78,298.08 I hereby certify that (1) the addresses of the Plaintiff and Defendants are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. Jo~ ~. ~dbeck, Jr. AtFney ~ Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDIC~ED~ ~ PRO PfO k/ V I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is c/o GRP Loan Corp., 444 Park Avenue South, 8th Floor, New York, NY 10016-7321 and that the names and last known addresses of the Defendants are: Melvin F. Aucker Jr., 1610 Orrsbridge Road, Enola, PA 17025 Michelle L. Aucker, 1610 Orrsbridge Road, Enola, PA 17025 TO: MICHELLE L. AUCKER 1610 Orrsbridge Road Enola, PA 17025 WELLS FARGO B~/NK MINNESOTA NA AS TRUSTEE : IN THE COURT OF COMMON PLEAS c/o GRP Loan Corp. : 444 Park Avenue South, 8th Floor : OF CUMBERLAND COUNTY New York, NY 10016-7321 : Plaintiff : CIVIL ACTION - LAW vs. : MELVIN F. AUCKER JR. AND MICHELLE L. : ACTION OF MORTGAGE FORECLOSURE AUCKER (Mortgagor(s)) : (Record Owner(s)) : Term 1610 Orrsbridge Road : No. 01-5010 CIVIL TERM Enola, PA 17025 : Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTIN~ TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFOI~MATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTIN~ THE DEBT. TO: MICHELLE L. AUCKER 1610 Orrsbridge Road Enola, PA 17025 DATE OF THIS NOTICE: Septen~ber 20, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY 0H BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 Is~ ~OLDBECK McCA~FEHTY & MeKEE%'ER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 TO: MELVIN F. AUCKER JR. 1610 Orrsbridge Road Enola, PA 17025 WELLS FARGO B~NK MINNESOTA NA AS TRUSTEE : c/o GRP Loan Corp. : 444 Park Avenue South, 8th Floor : New York, NY 10016-7321 : Plaintiff : vs. : MELVIN F. AUCKER JR. AND MICHELLE L. : AUCKER (Mortgagor(s)) : (Record Owner(s)) : 1610 Orrsbridge Road : Enola, PA 17025 : Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-5010 CIVIL TERM THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTIN~ TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFOI%MATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTIN~ THE DEBT. TO: MELVIN F. AUCKER JR. 1610 Orrsbridge Road Enola, PA 17025 DATE OF THIS NOTICE: September 20, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEAR3kNCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 ~OLDBECKMcCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 GOLDBECK, MCCAFFERTY & MCKEEVER By: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500-The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 Wells Fargo Bank Minnesota N.A. Vs. Melvin F. Aucker Jr. Michelle L. Aucker as T/Tee ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION No. 01-5010-Civil CUMBERLAND COUNTY VERIFICATION OF NON-MILITARY SERVIOE JOSEPH A. GOLDBECK, JR., 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 defendants 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 Melvin F. Aucker Jr., is over 18 years of age, and resides at 1610 Orrsbridge Road,Enola, PA 17025. (c) that defendant Michelle L. Aucker, is over 18 years of and resides at 1610 Orrsbridge Road, Enola, PA 17025. October 11, 1998 This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. JO P~H A.~BECK, JR. A~rney l~br Plaintiff age (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Wells Fargo Bank Minnesota N.A. as T/Tee , Plaintiff Vs. : NO. 01-5010-Civil Melvin F. Aucker Jr. Michelle L. Aucker , Defendants Notice is given that a Judgment in the above captioned matter has been entered against you on October , 2001. By: DEPUTY contact: If you have any questions concerning this matter please Josep~]A~. Gol~ck, Jr. Atto~y for ~intiff **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT ANDANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** PRAECIPE FOR WRIT OF EXECUTION - (MORTgAgE FORECLOSURE) P.R.C.P. 3180-3183 Wells Fargo Bank Minnesota N.A. as T/Tee Plaintiff VB. Melvin F. Aucker Jr. Michelle L. Aucker Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO= 01-5010-Civil PRAECIPE FOR WRIT OF EXECUTION (MORTgAgE FORECLOSURE) TO THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $78,298.08 Interest from 10/11/01 to sale date $ at $12.87 per diem Total $ and Costs Jonah A.~__~'q~d[beck, Jr. Su~e' e 500~3)he Bourse Bldg. 11~' S. Independence Mall East Philadelphia, PA 19106 Attorney for Plaintiff Note: Please attach description of property. WRIT OF EXECUTION - (MORTC, AGE FORECLOSURE) P.R.C.P. 3180-3183 and RULE 2357 Wells Fargo Bank Minnesota N.A. as T/Tee Plaintiff VB. Melvin F. Aucker Jr. Michelle L. Aucker Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO: 01-5010-Civil WRIT OF EXECUTION (MORTGAGE FORECLOSURE) TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA To satisfy the judgment, interest and costs in the above matter, you are directed to levy upon and sell the following described property (specifically described property below): Premises: 1610 Orrsbridge Road, Enola, PA 17025 (see attached legal description) Amount Due $78,298.08 Interest from 10/11/01 to Date of Sale at $12.87 per diem ~ Total $ as endorsed Plus Costs Clerk ALL THAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern side of Orrs Bridge Road, at a point on the northwest comer of and now or formerly of Ellen Deschenes; thence by same North 15 East one hundred eighty-three and five tenths (183.5) feet, more or less to a point at the southeast comer of land now or formerly Gary E. Walker; thence by same South 79 05' East Two hundred twenty-two (222) feet more or less to a point at land now or formerly of Larry G. Moore et al; thence by same South 9 East forty-eight (48') feet, more or less, to a point; thence by same South 15 West one hundred twenty-two and comer of the aforesaid land now or formerly of Ellen Deschenes; thence by same North 82 West two hundred forty-two (242') feet, more or less, to a point, the place of BEGINNING. Tax Parcel #10-15-1285-007 Being known as 1610 Orrsbridge Road, Enola, PA 17025 Wells Fargo Bank Minnesota N.A. as T/Tee Plaintiff Vs. Melvin F. Aucker Jr. Michelle L. Aucker Defendants .. CUMBERLAND COUNTY .. COURT OF COMMON PLEAS : CIVIL DIVISION NO. 01-5010-Civil AFFIDAVIT P~-R~UANT TO RULE 3129.1 Wells Fargo Bank Minnesota N.A. as T/Tea, Plaintiff in the above action, by its attorney, Joseph Goldbeck, Jr., 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 1610 Orrsbridge Road. Rnola. PA 17025. 1. Name and address of owner(s) or reputed owner (s): Name Address (if address cannot be reasonably ascertained, please so indicate) Melvin F. Aucker Jr. 1610 Orrsbridge Road Michelle L. Aucker 1610 Orrshridqe Road 2. Name and address of defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) o Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please so indicate) 4. Name and address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) PA Rousing Finance Agent? 2101 N. Front Rtreet Rarrlsburg. PA 17105 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please so indicate) 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 ascertained, Address (if address cannot be reasonably please so indicate) Ckun~erland C~,,-ty Dept. of Pa De~t. of Public Welfar~ Bureau of Child Run,oft Carllsle. I;A 1701~ Health ~n~ Welfare Bldg. Room 432 Harrlsbur~. ~A 1710K Name and address of every other person of whom the plaintiff has knowledge that has any interest in the property that may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) 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. #4904 relating to unsworn falsification to authorities. October 11, 1998 Jonah A./~oldbe ,ck, , Jr. A~rney~or Plaznt z f f GOLDBECK, MCCAFFERTY & MCKEEVER By: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500-The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS Wells Fargo Bank Minnesota N.A. as T/Tee Vs. Melvin F. Aucker Jr. Michelle L. Aucker CUMBERLAND COUNTY CIVIL DIVISION NO. 01-5010-Civil JOSEPH A. GOLDBECK, JR., 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: ( ) ( ) ( ) (x) an FHA Mortgage non-owner occupied vacant Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 4904 relating to unsworn falsification to authorities. Jos~. G~eck, Jr. Att~ey fo~/Plaintiff Pa. C.S. GOLDBECK McCAFFERTY & McKEEVER By: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 ATTORNEY FOR PLAINTIFF Wells Fargo Bank Minnesota N.A. as T/Tee : : Plaintiff : Vs. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Melvin F. Aucker Jr. Michelle L. Aucker Defendants : NO.01-5010-Civil TO: NOTICE OF SMRRIFF'S SALR OF REAI. EETATR Melvin F. Aucker Jr. 1610 Orrsbridge Road Enola, PA 17025 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at 1610 Orrsbridqe Road. Enola. ~ is scheduled to be sold at the Sheriff's Sale on ~ at 10:00 a.m., in Cumberland County, Cumberland County Courthouse, Commissioners Hearing Room, 2~d Floor, Carlisle, PA 17013 to enforce the court judgment of ~-~ obtained by Wells Fargo Bank M~esota N.A. a T~ (the mortgagee) against you. NOTICE OF OWNER'S YOU N~A¥ BE ART.~ TO PREVENT TI4I~ TO prevent this Sheriff's Sale, you must take mmedlate action: i ' The sale will be cancelled if you pay to the mortgagee the Back payments, late charges, costs and reasonable attorneys Fees due. To find out how much you must pay, you may call: 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 A/TD YOU MAV~ OT~ER EVEN IF TM~ ~-K,IFF'S RAL~ DOES Ta~m 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 (215) 627-1~22_ 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 9o 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 the Sheriff's office at (717) 240-6~90. 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 this 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 proposed schedule of distribution of the money bid for your house will be prepared 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 posting of the Schedule of Distribution. 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, ~0 TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEOAL HELP. Cum%berland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (800) 990-9108 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17103 (717) 243-9400 GOLDBECK McCAFFERTY & McKEEVER By: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 ATTORNEY FOR PLAINTIFF Wells Fargo Bank Minnesota N.A. Plaintiff Vs. as T/Tee : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION Melvin F. Aucker Jr. Michelle L. Aucker TO: :~ NO.01-5010-Civil Defendants ~. NOTICE OF SHERIFF,S SALR OF RRA~<EETATE Michelle L. Aucker 1610 Orrsbridge Road Enola, PA 17025 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at 1610 Orrshridge Road. Rnola. RA~ is scheduled to be sold at the Sheriff's Sale on ~ at 10:00 a.m., in Cumberland County, Cumberland County Courthouse, Commissioners Hearing Room, 2nd Floor, Carlisle, PA 17013 to enforce the court judgraent of ~ obtained by Wall~ Fargo Bank Minnesota N.A. a~ T/Tee (the mortgagee) against you. NOTICE OF OWN~R'~ YOU~A¥ BE ~mT.~ TO PREVENT T~I~ S~TFF'S TO prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the Back payments, late charges, costs and reasonable attorneys Fees due. To find out how much you must pay, you may call: 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 RE ARLR TO SA%'E YOUR PROPERTY ~ YOU HAVE OTHER RIGHT~ EVEN IF THE SHERIFF'S 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 J~- 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 9© 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 the Sheriff's office at ~- 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 this 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 proposed schedule of distribution of the money bid for your house will be prepared 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 posting of the Schedule of Distribution. 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, ~0 TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL H~LP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (800) 990-9108 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17103 (717) 243-9400 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph ~. Gdldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S· Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff WELLS FARGO BANK MINNESOTA NA AS TRUSTEE c/o GRP Loan Corp. 444 Park Avenue South, 8th Floor New York, NY 10016-7321 Plaintiff vs. MELVIN F. AUCKER JR. AND MICHELLE L. AUCKER 1610 Orrsbridge Road Enola, PA 17025 Defendants IN THE COURT OF COMMON PLEAS : OF CUMBERLAND cOUNTY CIVIL ACTION - LAW : : ACTION OF MORTGAGE FORECLOSURE Term No· 01-5010 CIVIL TERM CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2¢c}(2 Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: ..... '~,~ ~ice ...... *-.~t ~ib ~z~ Personal Service by ~ne_?nerl~ = ~/ ~L-'~%-~r~ I;IC ~ I ~ .... -- .... ~m~ck Jr (orig-i~na± ~reen ( Certified mai1 Dy uosepn a. ~ux~= , · Postal return receipt attached)· ( Certified mail by Sheriff's office· ( ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached)· ( Acknowledgzaent of Sheriff's Sale by Attorney for Defendant(s) (proof of acknowledgment attached)· ( ordinary mail by Sheriff's office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriff's office/competent adult (copy of return attached)· ( ) Certified Mail & ordinary mail by Sheriff's office (copy of return attached)· ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached)· Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A· Goldbeck, Jr., Esquire (copies of proofs of mailing attached)· The undersigned understands that the statements herein are subject to the penalties pr°vided bY 18 P'S' Secti°n 47~u~b Respectfu~ mit , , GOLDBECK Mc kFFERTY~ /McKEEVER BY: Joseph Goldbe( k, Jr. Attorney f( PlaintiJ f T~ELVIN F. AUCKER JR. 1610 Orrsbridge*Rt~ad, · ' Enola, PA 17025 SENDER: REFERENCE: GOLDBEC~( McCAFFERTY & McKEEVER - October 11, 2001 AUCKER JR.,MELVIN F. / 0-0944 PS Form 3800r June 20~6/02 ' RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Tota Postage & Fees US Postal Service Receipt for Certified Mail TO~. ICHELLE L. AUCKER 1610 Orrsbridge Road,. Enola, PA 17025 SENDER: GOLDBECK McCAFFERTY & McKEEVER - REFERENCE: AUCKER JR.,MELVIN 0.0944 PS Form 3800, June 20~ 6102 - RETURN Po~tage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Poetage & Fees F. / Re.c..e.,pt for Cerbfmed Mail Wells Fgrgo ~ank Minnesota N.A. Plaintiff Vs. Melvin F. Aucker Jr. Michelle L. Aucker Defendants as T/Tee : CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION : NO. 01-5010-Civil AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank Minnesota N.A. as T/Tee, Plaintiff in the above action, by its attorney, Joseph Goldbeck, Jr., 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 1610 Orrsbridge Road. ~nola. PA 17025. 1. Name and address of owner(s) or reputed owner (s): Name Address (if address cannot be reasonably ascertained, please so indicate) Melvin F. Aucker Jr. 1610 Orrshridga Road Michalle L. Aucker 1610 Orrsbrldge Road 2. Name and address of defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) o Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please so indicate) 4. Name and address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) PA Housing Finanoe Agency 2101 N. Front Street Harrisburg. PA 17105 5. Name and address of every other person who has any record li~n on'the property: Name Address (if address cannot be reasonably ascertained, please so indicate) 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 (if address cannot be reasonably ascertained, please so indicate) ~um~erlend Count? Dept. of Relations pa Dept. of Public Welfare ~ureau of Ch{ld Support ~nfor~ement Carlisle. PA 17013 Health and Welfare Bldg. ~arrls~urg. PA 17105 Room 432 Name and address of every other person of whom the plaintiff has knowledge that has any interest in the property that may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) 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. #4904 relating to unsworn falsification to authorities. October 11, 1998 Jo~~ldbeck, Jr. A~rney~or Plaintiff COMMONWEALTH OF PENNSYLVANIA ~ COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the SherifFs Deed in which Wells Fargo Bank Tr for GRP/AG REO 2000-1 LLC is the grantee the same having been sold to said grantee on the 5th day of June A.D., 2002, under and by virtue of a writ Execution issued on the 22nd day of Oct, A.D., 2001, out of the Court of Common Pleas of said County as of Civil Term, 01 Number 5010, at the suit of Wells Fargo Bak Minnesota NA against Melvin F Aucker Jr & Michelle L Aucker is duly recorded in SherifFs Deed Book No. 252, Page 3729. IN TESTIMONY WHEREOF, I have hereunto set my hand A and seal of said office this tt~ 25~day of~, A.D. 200~ ~J' ~ ~~ecorder of D~ Wells Fargo Bank Minnesota N.A., As T/Tee VS Melvin F. Aucker Jr. and Michelle L. Aucker In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-5010 Civil Term Douglas Donsen, Deputy Sheriff, who being duly sworn according to law, states that on November 05, 2001 at 6:40 o'clock p.m., EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon one of the within named defendants, to wit: Melvin F. Aucker, Jr., by making known unto Melvin Aucker personally, at 1610 Orrsbridge Road, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copy of the same. Douglas Donsen, Deputy Sheriff, who being duly sworn according to law, states that on November 05, 2001 at 6:40 o'clock p.m., EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon one of the within named defendants, to wit: Michelle L. Aucker, by making known unto Melvin Aucker, adult in charge, at 1610 Orrsbridge Road, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copy of the same. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on January 04, 2002 at 9:27 o'clock A.M., E.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 Melvin F. Aucker, Jr. and Michelle L. Aucker located at 1610 Orrsbridge Rd., Enola, 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: Melvin F. Aucker, Jr., by regular mail to his last known address of 1610 Orrsbridge Road, Enola, PA 17025. This letter was mailed under the date of January 18, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Michelle L. Aucker, by regular mail to her last known address of 1610 Orrsbridge Road, Enola, PA 17025. This letter was mailed under the date of January 18, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on June 5' 2002 at 10:00 o'clock A.M. He sold the same for the sum of $25,000.00 to Attorney Joseph A. Goldbeck, Jr. for Wells Fargo Bank Minnesota, N.A. as T/Tee. It being the highest bid and best price received for the same, Wells Fargo Bank Minnesota, N.A., as T/Tee, being the buyer in this execution paid Sheriff R. Thomas Kline, the sum of $3574.34. Sheriff's Costs: Docketing $30.00 Poundage 500.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Service 16.90 Certified Mail .85 Levy 15.00 Surcharge 30.00 Postpone Sale 20.00 Legal Search 200.00 Law Journal 237.50 Patriot News 222.30 Share of Bills 24.20 Distribution of Proceeds Sheriffs Deed 25.00 29.50 $3574.34 paid by attorney 07/05/02 Sworn and subscribed to before me This 2w ~'g~day of~,~v 2002, A.D. ~ L.,*.._ ~. ~'h.~t.~ Ptt°tfi°n°tary ~ R. Thomas Kline, Sheriff Real Estate I)eputy ' 30.00 ~._ t2 ~67f WRIT OF EXECUTION and/or AI-I'ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF Curberland To satisfy the debt. interest and costs due COUNTY: NO. 01-5010 CIVIL~ Te~'~n_ CIVIL ACTION- LAW WELLS FARGO BANK MINNESOTA N.A. AS T/TEE , PLAINTIFF(S) from MELVIN F. AUCKER JR., MICHELLE L. AUCKER: 1610 ORRSBRIDGE ROAD, ENOLA, PA 17025 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and fo sell See attached legal description (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If pmpertY°f the defendant(s) not levied upon an subject to attachmenl is found in the possession of anyone other tsht ;tne~amed garnishee, you are direct ed to notify him/her that he/she has been added asa garnishee and is enjoined as above Amount Due_ $78,298.08 Frcm 10/11/01 to sale date Interest -at $12.87 ~__r r~q,=m Atty's Corem % Arty Paid ~174 -45 Plaintiff Paid LL .50¢ Due Prothy $1.00 Other Costs Curtis R. Long Date: ~O_ctober 22, 2001 REQUESTING PAR/Y: Name Joseph A. Goldbeck, Jr. l~/l-~deperYdu~,u~ H~ll East Address: S~,~-,= 5D/~ Bourse Bldq. Philadelphia, PA 19106 Attorney for: ~l~qnt-~ ff~ Telephone: 2!~5-627-1322 Supreme Court ID No, 16132 by: SCHEDULE OF DISTRIBUTION SALE NO. 4 Date Filed: July 5, 2002 Writ No. 2001-5010 Civil Term Wells Fargo Bank Minnesota, N.A., as T/Tee VS Melvin F. Aucker Jr. and Michelle L. Aucker 1610 Orrsbridge Road Enola, PA 17025 Sale Date: Buyer: Bid Price: June 5, 2002 Wells Fargo Bank MinnesotaN.A.,asT/Tee. $25,000.00 Real Debt: $78,298.08 Interest: 1,879.02 Attorney Costs: 124.45 Total: $80,301.55 DISTRIBUTION Receipts: Cash on account (10/25/01): $1,000.00 Cash on account (07/05/02): 2,574.34 Credit Writ: 21,425.66 Total Receipts: $25,000.00 Disbursements: To Sheriff's Costs: To Legal Search: To Cumberland County Tax Claim Bureau: To Hampden Township: Credit Writ: $1,222.75 200.00 1,796.62 354.97 21,425.66 Total Disbursement: Balance for Distribution: ($25,000.00) 0.00 So Answers: R. Thomas Kline Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 4 Held Wednesday, June 5, 2002 Date: June 5, 2002 TAXES: Receipts for ail taxes for the years 1999 to 2001 inclusive. Taxes for the current year 2002. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated ,2002, and recorded ,2002, in Cumberland County Deed Book , Page RECITAL: BEING the same premises which Charles D. Ewing, single man, by deed dated June 28, 1999 and recorded July 7, 1999 in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania, in Deed Book 203, Page 532, granted and conveyed to Melvin F. Aucker, Jr., and Michelle L. Aucker, his wife. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of Orrsbridge Road. 6. Mortgage in the amount of $63,750.00 given by Melvin F. Aucker and Michelle L. Aucker to Ameriquest Mortgage Company dated June 28, 1999 recorded July 7, 1999 in Mortgage Book 1555, Page 759. Assigned to Wells Fargo Bank Minnesota, N.A., as trustee by instrument recorded February 5, 2001 in Miscellaneous Record Book 665, Page 894. Complaint in mortgage foreclosure filed by Wells Fargo Bank Minnesota, N.A. as Plaintiff against Melvin F. Aucker, Jr. and Michelle L. Aucker as Defendants on August 27, 2001 in the office of the Prothonotary of Cumberland County to File No. 2001-5010. Default judgment entered October 22, 2001 in the amount of $78,298.08.11,2001. 7. Mortgage in the amount of $6,500.00 given by Melvin F. Aucker, Jr., and Michelle L. Aucker to Pennsylvania Housing Finance Agency dated April 28, 2000 recorded June 1,2000 in Mortgage Book 1615, Page 533. 8. Delinquent real estate taxes turned over to the Cumberland County Tax Claim Bureau in the amount of $1,785.24 as of the date of sale. 9. Exemplified record of York County judgment in the amount of $2,264.92 entered by Drover's and Mechanics Bank as Plaintiff against Melvin F. Aucker as Defendant in the Office of the Prothonotary of Cumberland County on March 11,2002 to file No. 2002-1201 said judgment may be a lien on the real estate by virtue of divorce. 10. Municipal lien in the amount of $354.97 entered by the Township of Hampden as Plaintiff against Melvin F. Aucker, Jr., and Michelle L. Aucker as Defendants on February 21,2002 in the Office of the Prothonotary of Cumberland County to file No. 2002-887. 11. Exemplified record of York County judgment in the amount of $2,264.92 entered by Drover's and Mechanics Bank as Plaintiff against Michelle L. Aucker as defendant on March 11,2002 in the Office of the Prothonotary of Cumberland County to file No. 2002-1200. Said judgment may be a lien on the real estate by virtue of divorce. 12. Rights granted to the Township of Hampden by instrument recorded in Miscellaneous Record Book 195, Page 965 and Miscellaneous Record Book 223, Page 610. 13. Satisfactory evidence to be produced that proper notice was given to holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. In particular it is to be noted that no notice of said sale appears to have been given to Drover's and Mechanics Bank. 14. Satisfactory evidence to be produced that the advertisements of the property for sale is satisfactory in spite of the absence of any reference to the improvements on the subject property. 15. Real estate taxes accruing on and after July 1,2002 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made or enwronmental liens in Federal District Court. f, · ~ote: This' Ti~eY~eApgotetnsthall not be valid ~ until countersigned by an authorized signatory. LAW JOURNAL two (222) feet more or less to a point at land now or formerly of Larry G. Moore et al; thence by same South 9 East forty-eight (48') feet, more or less, to a point; thence by same South 15 West one hundred twenty* two and comer of the aforesaid land now or formerly of Ellen Deschenes: thence by same North 82 West two hundred forty-two [242') feet, more or less, to a point, the place of BE- GINNING, Tax Parcel /'10-15-1285-007. Being known as 1610 Orrsbridge Road, Enola, PA 17025. I~EAL ESTATE SALE NO. 4 ~ Wr/t No. 2001-5010 Civil Wells Fargo Bank Minnesota, N~k.. as T/Tee VS. Melvin F. Aucker Jn and Michelle L. Aucker Atty.: Joseph A. Goldbeck, Jr. ALL THAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, being more particu- larly bounded and described as fol- lows, to wit: BEGINNING at a point on the eastern .side of Orrs Bridge Road, at a point on the northwest comer of and now or formerly of Ellen Deschenes; thence by same North 15 East or~e hundred eighty-three and five tenths {183.5) feet, more or less to a point at the southeast comer of laud now or formerly Gary E, Walker; thence by same South 79 05' East Two hundred twenty- Wells Fargo Bank Minnesota N.A. as T/Tee vs. Plaintiff : CUMBERLAND COUNTy : COURT OF COMMON PLEAS : CIVIL DIVISION Melvin F. Aucker Jr. Michelle L. Aucker Defendants : NO. 01-5010-Civil AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank Minnesota N.A. as T/Te~, Plaintiff in the above action, by its attorney, Joseph Gold]Deck, Jr., 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 lfhlQ Orrsbridge Road. Enola. PA 1702K. 1. Name and address of owner(s) or reputed owner (s): Name Melvin F. Aucker Jr. Michelle L. Au~ker 2. Address {if address cannot be reasonably ascertained, please so indicate) 1610 Orrsbrldge Road 1610 Orrsbrldge Road Name and address of defendant{s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) Name and address of every judgment creditor whose judgment is record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please so indicate) a 4. Name and address of the last recorded holder of every mortgage of record: Name PA Housing Finance AgenCy Address (if address cannot be reasonably ascertained, please so indicate) 2101 N. Front Rtreet Harrisburg. PA 17105 Name and address of every Other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please so indicate) 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 ascertained, Chnn~erl~ County Dept. of Domestic Relatio~ Address (if address cannot be reasonably please so indicate) Pa Dept. of Public Welfar~ Bureau of Child Support Carllsle. PA 1701 Health and Welfare Bldq, Harrisburg, PA 17105 Name and address of every other person of whom the plaintiff has knowledge that has any interest in the property that may be affected by the sale: Room 43R Name Address (if address cannot be reasonably ascertained, please so indicate) 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. #4904 relating to unsworn falsification to authorities. October 11, 1998 Jo~n A./~oldbeck, Jr. A~rney~or Plaint if f GOLDBECK McCAFFERTY & McKEEVER By: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 ATTORNEY FOR PLAINTIFF Wells Fargo Bank Minnesota N.A. as T/Tee Plaintiff Vs. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION Melvin F. Aucker Jr. Michelle L. Aucker Defendants : NO.01-5010-Civil NOTICE OF SNERIFF,S SALE OF REAL ESTAT~ TO: Melvin F. Aucker Jr. 1610 Orrsbridge Road Enola, PA 17025 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ~ INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at 1610 Orrsbridg~ Road. Enola, P~/J-Q25~ is scheduled to be sold at the Sheriff's Sale on ~ at 10:00 a.m., in Cumberland County, Cumberland County Courthouse, Commissioners Hearing Room, 2nd Floor, Carlisle, PA 17013 to enforce the court judgment of ~J~ obtained by Wells Fargo Bank Minnesota N.A. a~ ~ (the mortgagee) against you. NOTICE OF OWNER'S YOU MAY BE ABLE TO PREVENT T~IS S~EEIFF'S To prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the Back payments, late charges, costs and reasonable attorneys Fees due. To find out how much you must pay, you may call: 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 ~o 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 STT?.T. BE ART.R TO SAVE YOUR PROPERTY AND YOU IJ_AVE ~VEN IF ~ ~-~FF'S 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 ~ 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 the Sheriff's office at (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 this 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 proposed schedule of distribution of the money bid for your house will be prepared 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 posting of the Schedule of Distribution. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (800) 990-9108 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17103 (717) 243-9400 GOLDBECK McCAFFERTY & McKEEVER By: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 ATTORNEY FOR PLAINTIFF Wells Fargo Bank Minnesota N.A. as T/Tee Plaintiff Vs. : CUMBERLAND COU1T~Y : COURT OF COMMON PLEAS : CIVIL DIVISION Melvin F. Aucker Jr. Michelle L. Aucker Defendants : NO.01-5010-CiVil TO: NOTICE OF SHEgIFF'S SAL~ OF REAL ESTATE Michelle L. Aucker 1610 Orrsbridge Road Enola, PA 17025 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT ~ ~ INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT ~ SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at 1610 Orrsbrldge Road. Enol~, P~ is scheduled to be sold at the Sheriff's Sale on ~ at 10:00 a.m., in Cumberland County, Cumberland County Courthouse, Commissioners Hearing Room, 2nd Floor, Carlisle, PA 17013 to enforce the court judgment of ~-~ obtained by Wells Fargo Bank M~n~sota N.A. an T~ (the mortgagee) against you. NOTICE OF OWNER,S RIGHTS YOU MAY BE ABLE TO PREVENT THIS ~W~IFF'S TO prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the Back payments, late charges, costs and reasonable attorneys Fees due. To find out how much you must pay, you may call: 2 o 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 ~m?.~ TO SAVE YOUR PROPERTY AND YOU HAV~ OT~ER ~I~H~ E'VE~ I~ THE ~W~I~F'S 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 J~ 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 the Sheriff's office at {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 this 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 proposed schedule of distribution of the money bid for your house will be prepared 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 posting of the Schedule of Distribution. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (800) 990-9108 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17103 (717) 243-9400 ALL THAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern side of Orrs Bridge Road, at a point on the northwest comer of and now or formerly of Ellen Deschenes; thence by same North 15 East one hundred eighty-three and five tenths (183.5) feet, more or less to a point at the southeast comer of land now or formerly Gary E. Walker; thence by same South 79 05' East Two hundred twenty-two (222) feet more or less to a point at land now or formerly of Larry G. Moore et al; thence by same South 9 East forty-eight (48') feet, more or less, to a point; thence by same South 15 West one hundred twenty-two and comer of the aforesaid land now or formerly of Ellen Deschenes; thence by same North 82 West two hundred forty-two (242') feet, more or less, to a point, the place of BEGINNING. Tax Parcel # 10-15-1285-007 Being known as 1610 Orrsbridge Road, Enola, PA 17025 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot~New.~ and The ~ newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 29th day(s) January and the 5th and 12th day(s) of February 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Da~ook "M', Volume 14, Page 317. - PUBLICATION COPY ......... ~ ~'le ~ 22nd day/o/~ebr/~ 2002 A.D. S A L E #4 I Terry L. Russell, Nota~Publlc ~' ~- ~ / . / .~./J Harflsbun~, Daup~n County ~'/,~ REAL ESTATE ~ALE No, 4. MY C°mmlssl°n Exelms Ju~ 6 ~" c~ ~"-~ ~ .~ ~ Writ No.2OOI-S010 Clv~ 11m~ NO' ~ A T'A"R Y PUBLIC WelM Fargo Bllek Member, Pennsylvania Association ct Notaries Mlnne~otaN.A,,mT/~e My commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE 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 $ 220.80 $ 1.50 $ 222.30 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The unda P tri t-New , newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. 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: JANUARY 25, FEBRUARy 1, 8, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REP. L F, STAT~ ~ NO. 4 Writ No. 2001-5010 Civil Wells Fargo Bank Minnesota, N.A., as T/Tee VS. Melvin F, Aucker Jr. and Mlchelle L. Aucker Atty.: Joseph A. Goldbeck. Jr. ALL THAT CERTAIN piece or parcel of land situate in Hmnpden Township, Cumberland County, Pennsylvania, being more particu- larly bounded and described as fol- lows, to wit: BEGINNING at a point on the eastern side of Orrs Bridge Road. at a point on the northwest corner of and now or formerly of Ellen Deschenes: thence by same North 15 East one hundred eighty-three Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 8 day of FEBRUARy, 2002_