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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NORWEST MORTGAGE, INC., A
CALIFORNIA CORPORATION, Assignee
of HART MORTGAGE CORPORATION,
Plaintiff,
vs.
DAVID WILEY and MICHELE R.
WILEY, his wife
Defendants.
TRUE COPY FROM RECORD
In Testimony whereof, I here unto set lIlY hand
and t/lll seal of ~d u at Carlisle. Pa.
Th 2. J- ~ . 19 17
,
~?t
CIVIL DIVISION
NO. C17- d. 7tYl
~
COMPLAINT IN MORTGAGE
FORECLOSURE
Code
mortgage foreclosure
Filed on behalf of
Plaintiff
Counsel of record for this
party:
Louis P. Villi, Esquire
PA I.D, #3810
Supreme Court #01072
Louis P. Villi & Assoc., P.C,
916 Fifth Avenue
Pillsbureh, PA 15219
(412) 281-1725
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
COMMONWEALTH OF PENNSYLVANIA, SS:
COUNTY OF ALLEGHENY
BEFORE me, the undersigned authority, personally appeared Louis P. Vitti, Esquire,
who, being duly sworn according to law, deposes and says that he is advised and believes
that DEFENDANT(S) is/are not presently in the active military service of the United States
of America and not members of the Army of the Uniteu States, United States Navy, the
Marine Corps, or the Coast Guard, and not officers of the Public Health Service detailed by
proper authority for duty with the Army or Navy; nor engaged in any active military service
or duty with any military or naval units covered by the Soldiers and Sailors Civil Relief Act
of 1940 and designated therein as military service, and to the best of this affiant's
knowledge is/are not enlisted in military service covered by said act, and that the averments
herein set forth, insofar as they are within his knowledge, are correct, and true; and insofar
as they are based on information received from others, are true and correct as he verily
believes.
This Affidavit is made under the provisions of the Soldiers and Sailors Civil Relief Act
of 1940.
.--
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Louis P. Vitti, Esquire
SWORN to and subscribed
before me this 22nd day
.of Ju!y, 1997.
,! ,{,
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Notary Public
Nolarial Seal
Rebecca L. Fischer, Nolary Publlo
PiltSbU'llh, Allegheny Coon\}'
My CommiSSion e'plres April 17, 2000
I' -- .)" ." "''''~ ssociat on 0 alarles
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
COMMONWEALTH OF PENNSYLVANIA, SS:
COUNTY OF ALLEGHENY
BEFORE me, the undersigned authority, personally appeared
Louis P. Vitti, Esquire, who, being duly sworn according to law,
deposes and says that he is advised and believes that DEFENDANT(S)
is/are not presently in the active military service of the United
States of America and not members of the Army of the United States,
United States Navy, the Marine Corps, or the Coast Guard, and not
officers of the Public Health Service detailed by proper authority
for duty with the Army or Navy; nor engaged in any active military
service or duty with any military or naval units covered by the
Soldiers and Sailors civil Relief Act of 1940 and designated
therein as military service, and to the best of this affiant's
knowledge is/are not enlisted in military service covered by said
act, and that the averments herein set forth, insofar as they are
within his knowledge, are correct, and true; and insofar as they
are based on information received from others, are true and correct
as he verily believes.
This Affidavit is made under the provisions of the Soldiers
and Sailors Civil Relief Act of 1940.
(~~_f i~'_______
~~!~P. Vitti, Esquire
SWORN to and subscribed
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before me this 19th day
of December, 19~1 ~
ClX'1L-iIl ./c..':J07111L!:lI..o
Notary Public (,1
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NOTICE OF SHERIFF'S SALE OF
REAL ESTATE PURSUANT TO
PENNSYLVANIA RULE OF CIVIL
PROCEDURE 3129.1
TO:
DAVID WILEY
69 WEST MAIN STREET
NEWVILLE, PA 17241
AND: ALL LIEN HOLDERS
MICHELE R. WILEY
9 CORPORATION STREET
NEWVILLE, PA 17241
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common
Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will
be exposed to Public Sale in Cumberland County Courthouse, Carlisle, PA on June 3, 1998 at
10:00 A. M., the following described real estate, of which David Wiley and Michele R. Wiley are
owners or reputed owners:
Newville Boro, Cumberland Cty., PA. HET a dwg. k/a 69 W. Main St., Newville, PA 17241. Parcel
#27-20-1754-041.
The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of Norwest
Mortgage, Inc., et al. vs. David Wiley and Michele R. Wiley at No.: 97-2709 Civil in the amount of
$79,774.80.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before the sale date.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from
sale date.
Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the
Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of
the Sheriff.
Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment
against you. It may cause your property to be held or taken to pay the judgment. You may have legal
rights to prevent your property from being taken. A lawyer can advise you more specifically of these
rights. If you wish to exercise your rights you must act promptly.
YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION 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 ADVICE.
CUMBERLAND LAWYER REFERRAL SERVICE
COURT ADMINISTRATOR - 3RD FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17014
(717) 697-0317
You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to
exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you.
You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a
petition to open or strike the judgment or a petition to Slay the execution.
If the judgment was entered because you did not file with the Court any defense or objection you
might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice
to Defend, you may have the right to have the judgment opened in you promptly file a petition with the
Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the
judgment is opened, the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether
the Plaintiff has a valid claim to foreclose the Mortgage.
You may also have the right to have the judgment stricken if the Sheriff has not made a valid return
of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days
after service or in certain other events. To exercise this right, you would have to file a petition to strike
the judgment.
You may also have the right to petition the Court to stay or delay the execution and the Sheriff's Sale
if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable
right.
You may also have the right to have the Sheriff's Sale set aside if the property is sold for a grossly
inadequate price or if there are defects in the Sheriff's Sale. To exercise this right, you should file a
petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The
Sheriff will deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date
whm lh' """'.,, .r o;,,,,ootioo " filol ,. "" om" .1 tlre Sh~i~ _ ~
. . . ~'f..NVV~ /J
Lo\!jyP. Vitti, Esquire
Attorney for Plaintiff
916 Fifth Avenue
Pittsburgh, PA 15219
(412) 281-1725
**THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. **
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Norwest Mortgage. A California Corporation
Assignee of Hart Mortgage Corporation
-vs-
David Wilcy and Michelc R. Wiley
In the Court of Conunon Pleas of
Cumberland County, Pennsylvuniu
No. 97-2709 Civil Term
David McKinney, Deputy Sheriff, who being duly swom uccording to luw, suys on Murch 25,
1998 ut 6:05 P.M.E.S.T., he posted u copy ofreul Estute Writ Notice Poster und Description on
the property of Duvid Wiley and Michele R. Wiley locuted at 69 West Muin Street, Newville,
Cumberland County, Pennsylvuniu according to law.
Steve M. Whistler, Deputy Sheriff, who being duly sworn according to law, suys on February
2, 1998 at 1:44 P.M.E.S.T., he served true copies of Real Estate Writ Notice and Description in
the above entitled action upon one of the within named defendants to wit: David Wiley, by
handing to Wes Fickes Friend atl15 High Mountain Road, Shippensburg, Cumberland County,
Pennsylvania, its contents and at the same time handing to him personully the said true and
attested copies of the same.
Kenneth E. Gossert, Deputy Sheriff, who being duly sworn according to law, says on
February 9,1998 at 12:05 O'clock P.M.E.S.T., he served a true copy of Real Estute Writ Notice
and Description, in the above entitled action upon one of the within named delcndants to wit:
Michele R. Wiley, by handing to Michele Wiley at9 Corporation Street, Cumberlund County,
Pennsylvania, its contents and at the same time handing to her personally the said true und
attested copies of the same.
Brian M. Barrick, Deputy Sheriff who being duly sworn according to law, says on April I,
1998 at 2:47 o'clock P.M.E.S.T., he served a true copy of Real Estate Poster, inlhe above
entitled action upon one of the wilhin named defendants to wit: David Wiley, by hunding 10
David Wiley at 115 High Mountain Road, Shippensburg, Cumberland County, Pennsylvuniu, its
contents and at the same time handing to him personally the said true and uttested copy of Ihe
same.
David McKinney, Deputy Sheriff who being duly sworn uccording to luw, suys (In Murch 25,
1998 at 6:11 o'clock P.M.E.S.T., he served a true copy of real Estate Posler inlhe ubove enlitled
action upon the within named defendant to wit: Michele Wiley by handing to Michele Wiley utlJ
Corporation Street, Newville, Pennsylvania, its contents and at the same time handing to her
personally the said true and attested copies of the same.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the within
Real Estute Writ Notice Poster and Description in the following manner: The sheriffnllliled one
of the defendants to wit: David Wiley a notice of the pendency of the action to his lust known
address 115 High Mountain Road, Shippensburg, Pennsylvania. The letter was mailed under the
date of April 2, 1998 and never returned to the Sherin's Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the uhove
Real Estate Writ Notice Poster and Description in the following manner: The Sherill'muiled one
of the within named defendants to wit: Michele Wiley a notice of the pendency oflhe uClionlo
her last known addrcss 9 Corporation Slrcet, Newville, Cumberland County, Pennsylvuniu. The
letter was mailed under the date of April 2, 1998 and never returned 10 the Sherilrs Ollicc.
,
.. .
NOTICE OF SHERIFF'S SALE OF
REAL ESTATE PURSUANT TO
PENNSYLVANIA RULE OF CIVIL
PROCEDURE 3129.1
TO:
DAVID WILEY
69 WEST MAIN STREET
NEWVILLE, PA 17241
AND: ALL LIEN HOLDERS
MICHELE R. WILEY
9 CORPORATION STREET
NEWVILLE, PA 17241
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common
Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will
be exposed to Public Sale in Cumberland County Courthouse, Carlisle, PA on June 3, 1998 at
10:00 A. M., the following described real estate, of which David Wiley and Michele It Wiley arc
owners or reputed owners:
Newville Boro, Cumberland Cty., PA. HET a dwg. k/a 69 W. Main St.. Newville. PA 17241. Parcel
#27-20-1754-041.
The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of Norwest
Mortgage, Inc., el al. vs. David Wiley and Michele R. Wiley at No.: 97-2709 Civil in the amount of
$79.774.80.
Claims against property must be filed at the Office of the Sheriff hefore :,bove sale date.
Claims to proceeds must be made with the Office of the Sheriff he fore the sale date.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from
sale date.
Exceptions to Distribution or a Petition to Set Aside the Sale must be liIed with the Office of the
Sheriff no later than ten (10) days from the date when Schedule of Distribution is liIed in the Office of
the Sheriff.
Attached hereto is a copy of the Writ of Execution. It has hcen issued because there is a judgment
against you. It may cause your property to be held or t:lken to pay the judgment. You may have legal
rights to prevent your property from heing taken. A lawyer can advise you more specifically of these
rights. If you wish to exercise your rights you must act promptly.
YOU SHOULD TAKE THIS NOTICE AND THE WIUT 011 EXECUTION 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 ADVICE.
CUMBERLAND LAWYER REFERRAL SERVICE
COURT ADMINISTRATOR - 3RD FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17014
(717) 697-0317
You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to
exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you.
You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs. a
petition to open or strike the judgment or a petition to stay the execution.
If the judgment was enlered because you did not file with the Court any defense or objection you
might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice
to Defend, you may have the right to have the judgment opened in you promptly file a petition with the
Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the
judgment is opened, the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether
the Plaintiff has a valid claim to foreclose the Mortgage.
You may also have the right to have the judgment stricken if the Sheriff-has not made a valid return
of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days
after service or in certain other events. To exercise this right, you would have to file a petition to slrike
the judgment.
You may also have the right to petition the Court to stay or delay the execution and the Sheriff's Sale
if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable
right.
You may also have the right to have the Sheriff's Sale set aside if the property is sold for a grossly
inadequate price or if lhere are defects in the Sheriff's Sale. To exercise this right, you should file a
petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The
Sheriff will deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date
when lhe Schedule of Distribution is tiled in the Office of the Sheriff. _~
.~'-'V~{~~
LoPi . Vitti. Esquire
Attorney for Plaintiff
916 Fifth Avenue
Pittsburgh, PA 15219
(412) 281-1725
."
**THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE.**