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HomeMy WebLinkAbout01-5525FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE DENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) S6~-7OOO WELLS FARGO HOME MORTGAGE, 1NC. 5024 PARKWAY PLAZA BOULEVARD BUILDING 7/F/C CHARLOTTE, NC 28217-2407 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. O/ CUMBERLAND COUNTY JANET SPENCER, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL 20 WATTS LANE CARLISLE, PA 17013 JOAN ANDERSON, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL R.D. 2 BOX 304 LANDISBURG, PA 17040 DON KOVACS, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL 379 WILSON STREET CARLISLE, PA 17013 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER BETTY JANE DEITZEL, DECEASED 38 SOUTH SIDE DRIVE NEWVILLE, PA 17241 Defendant(s) CIVIl, ACTION . I,AW COMPT,ATNT TN MORTgAgE FORECI,O~TIRF, NOTIC~ **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE 1S NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** YOU have bccn 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 thc claims set forth against you. You arc 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 thc Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 4183425/KXM 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. Plaintiffis WELLS FARGO HOME MORTGAGE, INC. 5024 PARKWAY PLAZA BOULEVARD BUILDING 7/F/C CHARLOTTE, NC 28217-2407 The name(s) and last known address(es) of the Defendant(s) are: JANET SPENCER, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL 20 WATTS LANE CARLISLE, PA 17013 JOAN ANDERSON, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL R.D. 2 BOX 304 LANDISBURG, PA 17040 DON KOVACS, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL 379 WILSON STREET CARLISLE, PA 17013 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER BETTY JANE DEITZEL, DECEASED 38 SOUTH SIDE DRIVE NEWVILLE, PA 17241 who are the real owners of the property hereinafter described. On 04/08/85, mortgagor, BETTY JANE DEITZEL, made, executed and delivered a mortgage upon the premises hereinafter described to HILL FINANCIAL SAVINGS ASSOCIATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 774, Page 600. By Assignment of Mortgage recorded 7/12/01, the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 679, Page 784. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/01 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. 6. The following amounts are due on the mortgage: Principal Balance Interest 03/01/01 through 07/01/01 (Per Diem $5.65) Attorney's Fees Cumulative Late Charges 04/08/85 to 07/01/01 Cost of Suit and Title Search Subtotal $22,003.81 694.95 1,000.00 27.96 550 00 $24,276.72 Escrow Credit 0.00 Deficit 365 Subtotal 5;365 4~ TOTAL $24,642.15 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose pursuant to Act 6 of 1974 is not required because the defendant(s) is/are not a "Residential Mortgage Debtor" as defined by the Act. This action does not come under Act 91 of 1983 because the mortgaged premises is not owner-occupied. 10. Mortgagor, BETTY JANE DEITZEL, died on 04/12/01, leaving a Will dated 07/21/97, wherein she appointed JANET SPENCER, JOAN ANDERSON, and DON KOVACS as her Co-Executors. Letters Testamentary were granted to them on 05/17/01 in Cumberland County, No. 21-01-485. Decedent's surviving heirs at law and next-of-kin are UNKNOWN PARTIES. WHEREFORE, PLAINTIFF demands an ha rem Judgment against the Defendant(s) in the sum of $24,642.15, together with interest from 07/01/01 at the rate of $5.65 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. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff VERIFICATION TAMMY JOHNSON hereby states that she is ASSISTANT VICE PRESIDENT of WELLS FARGO HOME MORTGAGE, INC. mortgage servicing agent for Plaintiff in this matter, that she is author/zed to take this Verification, and that the statements made m the foregoing Civil Action m Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ALL that certain tract of land situate in Penn Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with Final Minor subdivision for Gertrude C. Stone and Gloria S. Ewing made by Stephen G. Fisher, Profezsional Land Surveyor, dated January 9, 1985 and recorded in the Cumberland County Recorder of Deeds office in Plan Book ~'7' Page ~ , as follows: BEGINNING at a nail set in the center line of Township Road T-349, also known as Southside Drive; thence North 37 degrees 35 minute~ 55 seconds West, along line of lands now or formerly of Albert L. Leo, a distance of 410.07 feet to a bolt set at the,:corner of lands of the aforesaid Albert L. Leo; thence No~th 69 degrees 24 minutes 45 s~conds East along same, a distance of 346.50 feet to an oak tree; thence North 89 degrees 58 minutes 16 seconds East along line of other lands Of Grantors, a distance of 169.80 feet to a bolt set; thence South 19 degree~ 30 minutes 43 seconds West, along same, a distance of 111.11 feet to an existing iron pin at corner of lands now or formerly of Michael L. Failor and Darlene L. Failor; thence North 87 degrees 20 minutes 30 seconds West, along line of lands of Michael L. Pallor and Darlene L. Failor, a distance of 14.72 feet to a bolt set; thence South 05 degrees 23 minutes 25 seconds West, a distance of 77.91 feet to an iron pin; thence North 74 degrees 55 minutes 34 seconds East along same, a distance o~ 9.08 feet to a bolt set; thence South 05 degrees 19 minutes 25 seconds West along same, a distance of 180.84 feet to a nail set in the center line of Township Road T-349, known as Southside Drive; thence South 63 degrees 40 minutes 01 second West along the center line of Township Road T-349, a distance o~ 197.30 feet to the Place of BEGINNING. CONTAINING 2.9864 Acres and h~ving thereon erected a dwelling house and other outbuildings. BEING all of Tracts Nos. i, 2 and 3, and a ~rtion of Tract NO. 5 Of ~he premises which Gertrude C. Stone and Richard C. Stone, her husband, by deed dated July 9, 1970 and recorded in the Cumberland County Recorder Of Deeds office in Deed Book "S", Vol. 23, Page 67, granted and conv~yed to Gertrude C. Stone and Gloria S. Ewing, as join~ tenants with the right of survivorship, Grantors herein. PREMISES: 38 SOUTH SIDE DRIVE SHERIFF'S RETURN - CASE NO: 2001-05525 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO HOME MORTGAGE INC VS SPENCER JANET ET AL OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDkNT ANDERSON JOAN but was unable to locate Her deputized the sheriff of PERRY , Sheriff or Deputy Sheriff who being says, that he made a diligent search and in his bailiwick. County, serve the within COMPLAINT - MORT FORE , to wit: He therefore Pennsylvania, to On October 2nd , 2001 , attached return from PERRY Sheriff's Costs: Docketing Out of County Surcharge Dep Perry Co 6.00 9.00 10.00 28.28 .00 53.28 10/02/2001 FEDERMDdq & PHELAN Sworn and subscribed to before me this ~ day of ~ A.D. · ' Prothonotary' this office was in receipt of the So answe R Sheriff of Cumberland County SHERIFF'S RETURN CASE NO: 2001-05525 P COMMONWEALTH OF PENNSYLV/~NIA COUNTY OF CUMBERLAND - NOT FOUND WELLS FARGO HOME MORTGAGE INC VS SPENCER JA/qET ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named defendant, DEITZEL BETTY JANE ESTATE OR HEIRS OF ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and DEFENDANT but was unable to locate Her in his bailiwick. COMPLAINT - MORT FORE , He therefore returns the the within named DEFENDANT HEIRS OF PROPERTY AT 38 SOUTHSIDE DRIVE, NEWVILLE IS VACAIqT. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 , NOT FOUND , as to , DEITZEL BETTY JANE ESTATE OR 16.00 Sheriff of Curaberland County FEDERMA_N & PHELAN 10/02/2001 Sworn and subscribed to before me this f-~ day of .~ PrOthonotary SHERIFF'S RETURN - REGULAR CASE NO: 2001-05525 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO HOME MORTGAGE INC VS SPENCER JANET ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SPENCER JANET the DEFENDANT , at 0902:00 HOURS, on the 27th day of September, 2001 at 20 WATTS LAiqE CARLISLE, PA 17013 JANET SPENCER a true and attested copy of COMPLAINT - by handing to MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.25 Affidavit .00 Surcharge 10.00 .00 31.25 Sworn and Subscribed to before me this ~ ~ day of /P~othonotary So Answers: R. Thomas Kline 10/02/2001 FEDERMAN & PHELAN Deputy Sheriff SHERIFF'S RETURN - CASE NO: 2001-05525 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO HOME MORTGAGE INC VS SPENCER JANET ET AL REGULAR RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KOVACS DON the DEFENDANT , at 1000:00 HOURS, on the 1st day of October , 2001 at 379 WILSON STREET CARLISLE, PA 17013 RUTH KOVACS, WIFE a true and attested copy of COMPLAINT - by handing to MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 3.25 Affidavit .00 Surcharge 10.00 .00 19.25 Sworn and Subscribed to before me this ~ ~ day of ~ P%othAnotary So Answers: R. Thomas Kline 10/02/2001 FEDERMAN & PHELAN . By: ~ riff In The Court of Common Pleas of Cumberland County, Pen~asylvania Wells Far§o Hcme Mortga§e, Inc. VS. Janet Spencer et al SERVE: Joan Anderson 01 5525 civil No. Now, sept~m95er 25, 2001 , I, SHERIFF OF CLrMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, September 28 ,20 01 .,at 4:15 o'clock__ within Notice & Complaint P 1¥[. served the upon Joan Anderson at Tyrone Township Perry County, PA by handing to Joan Anderson True & Attested mad made known to Her copy of the 0rig/ha] Notice & Complaint the contents thereof. So answers, Carl E. Nace Deputy Sheriff of Perry Sworn and subscribed before me this /op day of Oc~a/~- , 20 o/ I me,~r~, mmm, NOT~L~ I ~.,~ I I ~S[ON ~PIR~ FEB. 16. 2004 COSTS SERVICE 18.o0 MILEAGE 8.28 AFFIDAVIT ~ nn County, PA $ 28.28 FEDERMAN AND PHELAN BY: FRANCIS S. HALLINAN, Esquire ATTORNEY I.D. #62695 One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO HOME MORTGAGE, INC. JANET SPENCER, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL JOAN ANDERSON, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL DON KOVACS, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER BETTY JANE DEITZEL, DECEASED ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-5525 CUMBERLAND COUNTY MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, WELLS FARGO HOME MORTGAGE, INC., by its counsel, Francis S. Hallinan, Esquire, respectfully requests that this Honorable Court enter an ORDER granting Plaintiff's Motion for Service Pursuant to Special Order of Court in the above captioned matter and in support thereof avers the following: 1. On 04/08/85, BETTY JANE DEITZEL, made, executed and delivered a Mortgage upon premises known as 38 SOUTH SIDE DRIVE, NEWVILLE, PA 17241 which mortgage was subsequently assigned to Plaintiff. 2. Mortgagor, BETTY JANE DEITZEL, died on 04/12/01. Attached hereto, made a part hereof, and marked as Exhibit "A" is a true and correct copy of the Estate Documents verifying the date of death for the deceased mortgagor. 3. On 09/24/01, Plaintiff filed an Action in Mortgage Foreclosure naming as defendants, JANET SPENCER, JOAN ANDERSON, and DON KOVACS, CO-EXECUTORS OF THE ESTATE OF BETTY JANE DEITZEL, as well as, the UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER BETTY JANE DEITZEL, DECEASED. Attached hereto, made a part hereof, and marked as Exhibit "B" is a true and correct copy of the Complaint in Mortgage Foreclosure. 4. On 07/26/01, Plaintiff contacted the Cumberland County Register of Wills was informed that an estate has been raised for BETTY JANE DEITZEL, No. 21-01-485. Attached hereto, made a part hereof, and marked as Exhibit "A" is a true and correct copy of the Estate Documents. 5. JANET SPENCER, JOAN ANDERSON, and DON KOVACS were appointed Co- Executors of the Estate. It is not clear as to whom the devisees of the Estate are. Any parties who may have an ownership interest in the mortgaged premises are unclear to Plaintiff. Attached hereto, made a part hereof, and marked as Exhibit "A" is a true and correct copy of the Estate Documents. 6. On 08/15/01, Plaintiff contacted CAROL J. LINDSAY, ATTORNEY FOR THE ESTATE OF BEI'I¥ JANE DEITZEL to confirm who the devisees of the estate are. 7. CAROL J. LINDSAY refused to release Estate information to the Plaintiff. 8. In order to convey clear and marketable title after a foreclosure sale, title companies customarily require the foreclosing mortgagee name as a defendant the unknown heirs, successors, assigns and all persons, firms or associations claiming right, title or interest from or under the decedent mortgagor. 9. It deserves special mention that Plaintiff's action is merely seeking a judgmentin rem in order to divest all claims against the mortgaged premises. 10. Because there may be parties with an interest in the mortgaged premises who Plaintiff does not know of, Plaintiff must effectuate service through Special Order of Court. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint by Regular Mail, Certified Mail and by posting the premises. ATTORNEY FOR PLAINTIFF FEDERMAN AND PHELAN BY: FRANCIS S. HALLINAN, Esquire ATTORNEY I.D. #62695 One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO HOME MORTGAGE, INC. JANET SPENCER, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL JOAN ANDERSON, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL DON KOVACS, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER BETTY JANE DEITZEL, DECEASED ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-5525 CUMBERLAND COUNTY MEMORANDUM OF LAW According to Pa.R.Civ. P. 430(a), a plaintiff may petition the court to provide an alternative to personal service if the plaintiff cannot serve a party personally. The rule requires the affidavit presented in support of the motion for alternative service to state "the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why personal service cannot be made." Pa.R.Civ. P. 430 (a). The purpose of this procedure is to provide proof that a good faith effort has been made to effect service under normal methods. Only after such proof has been offered is the Court authorized to direct another method of substitute service. Deer Park Lumber, Inc. v. Major, 384 Pa. Super. 625,559 A.2d 941,944 (1988), appeal denied, 525 Pa. 582, 575 A.2d 113 (1990). Plaintiff has attached to its Motion hereto, made a part hereof and marked as Exhibit "A' is a true and correct copy of the Estate Documents for BETTY JANE DEITZEL. A deceased mortgagor need not be named as a party in a foreclosure action. Federal Land Bank of Baltimore v. King, 294 Pa.86, 143 A. 500 (1928). The personal representative, heir or devisee of a deceased mortgagor, if known, (unless released from liability) must be named as a defendant in a mortgage foreclosure action. Moyer v. Diehl, 130 Pa. Super. 115, 196 A. 575 (1938). In the instant action, Plaintiff has appropriately named the unknown heirs, successors, assigns and all persons, firms, and associations claiming right title or interest from or under the decedent mortgagor as a defendant in order to convey clear and marketable title after a foreclosure sheriff's sale. Title companies customarily require foreclosing mortgagees to name the unknown parties in order to assure that any potential party with an interest in the mortgaged premises has an opportunity to defend the foreclosure. It deserves special mention that Plaintiff is merely seeking an in rem judgment to recover the mortgaged premises and is not pursuing the defendant(s) personally in this action. ncii S Hallinan, ~quire ATTORNEY FOR PLAINTIFF VERIFICATION Francis S. Hallinan, Esquire, hereby states that she is the Attorney for the Plaintiff in this action, that she is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE OF THE COMPLAINT IN MORTGAGE FORECLOSURE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of her knowledge, information, and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: Attorney for Plaintiff EXHIBIT "A" PETITION FOR PROBATE and GRANT OF LETTERS Estate of B~'±'I'~' JANE DEITZEL also known as No. 09. l- 0 I- '¢8'&--'- To: Social Security No. .L61.-30-724~' The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older an the execut in the last will of the above decedent, dated July 2.1. and codicil(s) dated Register of Wills for the County of C'UM~k-RIA.ND in the Commonwealth of Pennsylvania named ,19. 97 Decendent was domiciled at death in CUMBERI~aX~ County~ Pennsylvania, with h ER last family or principal residence at 38 Southside Driver Newville, Pennsylx~ania (list street, number and muncipality) Decendem, then 64 years of age, died April 12, 2001 ,19 at O.mlberland County, Pennsylv-onia Except as follows, decedent did not marry, was not divorced and d d not have a child born or adopted after execution of the will offered for probate; was not the victim of ~. killing and was never adjudicated incompetent: n/a Decendent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property $ 5t000.00 (If not domiciled in Pa.) Personal property in Pennsylvania $ (lf not domiciled in Pa.) Personal property in County $ Value of real estate in Pennsylvania ~; z:),000.00 situated as follows: 38 Southside Drive, Newville, ~land County, ~,~di gc~n: Wi m'w-m.qin WHEREFORE, petitioner(s) respectfully request(s) the probate of the last wilt'and codicil(s) presented herewith and the grant of letters testamenta.?f theron. (testamentary; administration c.t.a.; administration d.b.n.¢.t.a.) 2Q ~e~-n Lan~. ¢~arlislo. PA /~ Joan ADderson R. D. 2, Box 304t Landisbur~, PA Don 379 Wilson Street, Carlisle, PA OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLANDf' SS The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are true and correct to the best of the knowledge and belief of petitioner(s) and that as personal represen- tative{s) of the above decedent petitioner(s) will well/// - a~n~ truly administer/~ the estate according to law. Sworn to or affirmed and subscribed ,- ~ be[ore me this //'~' day of ~ ///~a.net No. 21-01-485 Estate of ~.'rl'f o-ANE DEITz~:,. , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW MAY 17, ~ 2001, in consideration of the petition on the reverse side hereof, satisfactory proof having be~n presented before me, IT IS DECREED that the instrument(s) dated Ju.ly 21r 1.997 described therein be admitted to probate and Fried of record as the last will of E~£'I~' JANE DEITz~:L . and Letters are hereby granted to ,TAME'IP FEES Probate, Letters, Etc .......... $ 60.00 Short Certiflcates(5) .......... $. 15.00 ~ $.X.~..R4.¥.qS...~... $, 12.00 JCP $. 5.00 TOTAL $, 92.00 Filed . l'..I6.Y.. ! .7 ,..2..0.03 .................... Relister of Wills C~ol J. Lind~ay, Esq. 44693 A'I-fOR_NEY (Sup. CL I.D. No.) 26 West High Street, Carlisle, PA 17013 ADDRESS (717) 243-6222 PHONE 21-01-485 REGi~ER OF WILLS OF COUNTY OATH OF SUBSCRIBING WITNESS/ '..,codicil (each) a subscribing wnness to the ·will presented herewith. (each) being duly qualified according to law, depose(s) and say(s) that " present and saw the testat , sign the same and that ~,.< :' '" signed as a witness at the request of testat m h.~ presence an.d:(m~tbe presence of each other) (in the presence of the other subscribing witness(es)), / ~.,. Sworn to or affirmed and subscribed before me this ..,day of Regixter ? ""~, (Name) (Ad~.~.~ (Name) (Address) .RF_~IST~R OF WILLS OF COUNTY OATH OF NON-SUBSCRIBING WITNESS JOnaH D. BUCKLEY, ESQUIRE (each) a subscriber hereto, (each) being duly qualified according to law, depose(s) and say(s) that h~ is familiar with the signature of Br..;.t'.t'f J. codicil testatrix of (one of the subscribing witnesses to) the will presented herewith-, and codicil that h~ believes the signature on the will is in the handwriting of B~TI'~( J. DEIT~7~r, to the best of his knowledge and beli~'. (~) -- t~ /7 /~ me this /ff~, ~ day of ~h V. ~me} ~ ~ ~~/ ~237 ~y P~e, ~lislet PA ~70~a ~. ~. ~.a' ~~ ~ (Addr~) Reg~ter (Name) (Address) 21-01-485 REGISTER OF WILLS OF c~T~,,~ COUNTY OATH OF SUBSCRIBING WITNESS JOAN W. A~ERSON . codicil (each) a subscribing witness to the will presented herewith, (each) being duly qualified according to law, depose(s) and say(s) that she was; present and saw BETTY g. DEITZEL the testat rix , sign the same and that she signed as a witness at the request of testw.riZ._ in L presence and (in the presence of each other) (in the presence of the other subscribing witness(es)). S~#.or~klD or affirmed and subscribed before me this //m __ day of Register ~ W.' Andersol~qame) - R. D. 2t Box 304t Landisburqt PA 17040 (Address) (Name) (Address) REGISTER OF WILLS OF C/OUNTY OATH OF NON-SUBSCRIBING ~ESS testat.that of (one of the s~r~e~j2~21S~e i~fnft~ie on t~iI wi~lP°i~!!tf:e ~n2nodf to the best of Knowledge and belt~. Sworn to or affirmed a.~ subscribed before me this ~?/ day of ~ (Name) 19.__  (Address) Register '~- (Name) (Address) EXHIBIT "B" FEDERaMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE DENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (21-5) 56%7000 WELLS FARGO HOME MORTGAGE, INC. 5024 PARKWAY PLAZA BOULEVARD BUILDING 7/F/C CHARLOTTE, NC 28217-2407 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CW1L DWISION TERM NO. CUMBERLAND COUNTY JANET SPENCER, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL 20 WATTS LANE CARLISLE, PA 17013 JOAN ANDERSON, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL R.D. 2 BOX 304 LANDISBURG, PA 17040 DON KOVACS, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL 379 WILSON STREET CARLISLE, PA 17013 We hereby certify the wdhin to be a true and ~,~trsct copy of the ~;,~ig{rtal filed of record ~I3ERMAN AND PHELAN UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER BETTY JANE DEITZEL, DECEASED 38 SOUTH SIDE DRIVE NEWVILLE, PA 17241 Defendant(s) ctvn, aCTtON- t,aw ('0MPt,AINT tN M()RT~A~I~, ~OR~ct.Ostm~ NOTtC~, **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 4183425/ICXM 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. Plaintiffis WELLS FARGO HOME MORTGAGE, 1NC. 5024 PARKWAY PLAZA BOULEVARD BUILDING 7/F/C CHARLOTTE, NC 28217-2407 The name(s) and last known address(es) of the Defendant(s) are: JANET SPENCER, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL 20 WATTS LANE CARLISLE, PA 17013 JOAN ANDERSON, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL R.D. 2 BOX 304 LANDISBURG, PA 17040 DON KOVACS, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL 379 WILSON STREET CARLISLE, PA 17013 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER BETTY JANE DEITZEL, DECEASED 38 SOUTH SIDE DRIVE NEWVILLE, PA 17241 who are the real owners of the property hereinafter described. On 04/08/85, mortgagor, BETTY JANE DEITZEL, made, executed and delivered a mortgage upon the premises hereinafter described to HILL FINANCIAL SAVINGS ASSOCIATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 774, Page 600. By Assignment of Mortgage recorded 7/12/01, the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 679, Page 784. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/01 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. 6. The following amounts are due on the mortgage: Principal Balance Interest 03/01/01 through 07/01/01 (Per Diem $5.65) Attorney's Fees Cumulative Late Charges 04/08/85 to 07/01/01 Cost of Suit and Title Search Subtotal $22,003.81 694.95 1,000.00 27.96 550 00 $24,276.72 Escrow Credit 0.00 Deficit 365 43 Subtotal 5g'~fi5 43 TOTAL $24,642.15 10. 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 attorney's fees will be charged. Notice of Intention to Foreclose pursuant to Act 6 of 1974 is not required because the defendant(s) is/are not a "Residential Mortgage Debtor" as defined by the Act. This action does not come under Act 91 of 1983 because the mortgaged premises is not owner-occupied. Mortgagor, BETTY JANE DEITZEL, died on 04/12/01, leaving a Will dated 07/21/97, wherein she appointed JANET SPENCER, JOAN ANDERSON, and DON KOVACS as her Co-Executors. Letters Testamentary were granted to them on 05/17/01 in Cumberland County, No. 21-01-485. Decedent's surviving heirs at law and next-of-kin are UNKNOWN PARTIES. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $24,642.15, together with interest from 07/01/01 at the rate of $5.65 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. FRANK FEDERMAN, ESQUIILE Attorney for Plaintiff VEPd:FICATION TAMMY JOHNSON hereby states that she is ASSIST.&NT VICE PRESDENT of WELLS FARGO HOME MORTGAGE. LNC. mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification. and that the statements made m the foregoing Civil Action Mortgage Foreclos~e are true and correct to the best of her lmowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: · ~ ~ situate in Penn Township, Cumberland ALL that c~a~n tract of County, pennsylvania, more particularly bcunded and described in ac~o~:~c= with Final Minor subdivision for Gertrude C. Stone and Gloria $. Ewing made bv Stephen G. Fisher, profezsiol%al Land Surveyor, dated January 9 198~ ~nd recorded in the cumberland County Recorder of Deeds office in Plan BoOk , / , Page follows: ~ ~'~ at naS1 set in the center line cf Township Road T-349, also known as Southside Drive: thence North 37 de~rees 35 minutes 55 seconds West, along line of lands now or formerly of A!~ert Leo, a distance of 410.07 feet to a bolt set at the~corncr of of the ~foresaid Albert L. Leo; thence North 69 degrees 24 minutes 45 s~conds ~ast along ~ame, a distance of 346.50 feet to an oak tree; thence North 89 degrees 5S minutes 16 seconds ~ast alon~ line of other lands of Grantors, a distance cf 169.$0 ~ ~ bolt set~ thence South 19 degrees 30 minutes 43 seconds Wess, along saree, a distance of ll!.ll feet to an existing iron pin at corner of lands ncw or formerly of Michael L. Fei!or and Darlene L. Failor; thence North 87 degrees 20 minutes 30 seconds West, along line of lands of Michael L. Failor and Darlene L. Fei!or, a dj. stance of !4.72 feet tca bolt set; thence South 05 degrees ~ minutes 2~ seccnds West, a distance of 77.91 feet to an ircn pin; thence North 74 degrees 55 minutes 34 seconds East along s~_me, a distance o~ 9.0S fee: to a bolt set;a thence South 05 degrees 19 ~ ~ 25 seconds West along distance of 180.S4 feet to a nail set in the center line of Township Road T-349, known as Southslde Drive; ~hence South 63 degrees 40 minutes 01 second West along the center line of Township Rcad a distance o~ 197.30 feet to the Place of BEGINNING. cONTAINING 2.9864 Acres a~d ~ving thereon erected a d.wel!ing house and other outbuildings. BEING ~ ' -~ of Tract No. 5 of a-~ of Tracts Nos. ~, 2 and 3, and a ~he premises which Gertrude C. Scone and .Richard C. Stone, her husband, by deed dated July 9, 1970 ~nd recorded in the Cum~e:Iand County Recorder of Deeds office in ~eed Book "S", Vol. 23, Page 67, granted and conveyed to Gertrude C. Stone and Gloria $. gwing, as joint tenants wi=h t2%e right of su.--vivor~hip, Grantors herein. PREMISES: 38 SOUTH SIDE DRIVE FEDERMAN AND PHELAN BY: FRANCIS S. HALLINAN, Esquire ATTORNEY I.D. #62695 One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO HOME MORTGAGE, 1NC. JANET SPENCER, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL JOAN ANDERSON, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL DON KOVACS, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER BETTY JANE DEITZEL, DECEASED ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-5525 CUMBERLAND COUNTY CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Plaintiff's Motion for Special Service was served by regular mail on Defendant (s) on the date listed below: JANET SPENCER, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL 20 WATTS LANE CARLISLE, PA 17013 JOAN ANDERSON, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL R.D. 2 BOX 304 LANDISBURG, PA 17040 DON KOVACS, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL 379 WILSON STREET CARLISLE, PA 17013 Date UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER BETTY JANE DEITZEL, DECEASED 38 SOUTH SIDE DRIVE NEWVILLE, PA 17241 CAROL J. LINDSAY, ATTORNEY FOR THE ESTATE OF BETfY JANE DEITZEL 26 WEST HIGH STREET CARLISLE, PA 17013 FranCis S. Haltin~n~ Esq~uir~ Attorney for Plaintiff WELLS FARGO HOME MORTGAGE, INC., JANET SPENCER, CO- EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL JOAN ANDERSON, CO- EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL DON KOVACS, CO- : EXECUTOR OF THE : ESTATE OF BETTY : JANE DEITZEL : UNKNOWN HEIRS, : SUCCESSORS, ASSIGNS: AND ALL PERSONS, : FIRMS OR : ASSOCIATIONS : CLAIMING RIGHT, : TITLE OR INTEREST : FROM OR UNDER : BETTY JANE DEITZEL, : DECEASED : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-5525 CIVIL TERM ORDER OF COURT AND NOW, this 17th day of December, 2001, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby: ORDERED that Plaintiff may obtain service of the Complaint on UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER BETTY JANE DEITZEL, DECEASED, by mailing a true and correct copy of the complaint by Certified mail and Regular mail, by posting the mortgage premises at 38 South Side Drive, Newville, Pennsylvania, 17241, and by publication once in the Cumberland Law Journal and in a newspaper of general circulation in Cumberland County, Pennsylvania. SERVICE of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiff's attorney, who will file with the Prothonotary's Office an Affidavit of Service. BY THE COURT, Francis S. Hallinan, Esq. Federman and Phelan One Penn Center at Surburban Station Suite 1400 esley O12~., -J~. Philadelphia, PA 19103 - 1814 Attorney for Plaintiff Janet Spencer 20 Watts Lane Carlisle, PA 17013 Unknown Heirs, Successors, Assigns and all Persons, Finns or Associations claiming right title or interest fi.om or under Betty Jane Deitzel, Deceased 38 South Side Drive Newville, PA 17241 Joan Anderson R.D. 2, Box 304 Landisburg, PA 17040 Don Kovacs 379 Wilson Street Carlisle, PA 17013 :rc · FEDERMAN AND PHELAN By: Frank Federman, Esquire Atty. I.D. No.: 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff WELLS FARGO HOME MORTGAGE, INC. VS. Plaintiff Court of Common Pleas CUMBERLAND County No. 01-5525 JANET SPENCER, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL JOAN ANDERSON, CO-EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL DON KOVACS, CO -EXECUTOR OF THE ESTATE OF BETTY JANE DEITZEL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER BETTY JANE DEITZEL, DECEASED Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT WITHOUT PREJUDICE t AND SETTLE~ DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this matter settled, discontinued and ended, upon payment of your costs only. Date Frank Federman Attorney for Plaintiff