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HomeMy WebLinkAbout01-6553 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-I 814 (215) 563-7000 MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CAROL J. WEINELL CAROL E. WEINELL 419 NINTH STREET NEW CUMBERLAND, PA 17070 CUMBERLAND COUNTY Defendant(s) .CML ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **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 #: 9802115 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. Plaintiff is MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE 7105 CORPORATE DRIVE PLANO, TX 75024 The name(s) and last known address(es) of the Defendant(s) are: CAROL J. WEINELL CAROL E. WE[NELL 419 NINTH STREET NEW CUMBERLAND, PA 17070 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 4/26/99 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CONTIMORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1539, Page 803. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 10/30/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance Interest 9/30/01 through 10/1/01 (Per Diem $24.41) Attorney's Fees Cumulative Late Charges 4/26/99 to 10/I/01 Cost of Suit and Title Search Subtotal $94,990.26 8,958.47 4,000.00 491.59 550.00 $108,990.32 Escrow Credit 0.00 Deficit 173.72 Subtotal $173.72 TOTAL $109,164.04 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event ora third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c. 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $109,164.04, together with interest from 10/1/01 at the rate of $24.41 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. ~~/s/Frank Federma~?~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ALL :hat cerzaln plece or parcel of land with the Improvements and'described as follows, to wit: the northeastern l±ne of Ninth Stree~ amd Brandt Avenue; thence along ~he eastern line of land now or la~e o£ Ker~n, :forth 30 59 degrees 50 minutes ~qest, a distance of 80-30 feet Place of BEGINNING. PREMISES ON: 419 NINTH STREET VERIFICATION BRANDON SCIUMBATO hereby states that he is VICE PRESIDENT of COUNTRYWIDE HOME LOANS, INC. mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are hue and correct to the best of his knowledge, information and belie£ The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. ~ec. 4904 relating to unswom falsification to authorities. DATE: FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff, CAROL J. WEINELL CAROL E. WEINELL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 01-6553 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against CAROL J. WEINELL and CAROl, E. WEINELL, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days fi.om service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest fi.om 10/1/01 to 1/14/02 TOTAL $109,164.04 $2,563.05 $111,727.09 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMA~, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ~),7:~ PRO PROTHY (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE 7105 CORPORATE DRIVE Plaintiff, CAROL J. WE/NELL CAROL E. WEINELL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6553 Notice is given that a Judgment in the above-captioned matter has been entered against you on By.% If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **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 CORRESPONDENCENDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY,** FEDERMANAND PHELAN Prank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE Plaintiff vs. CAHIOL J. WEINELL CAROL E. WEINELL : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO.01-6553 Defendant TO .. CAROL E. WEINELL 419 NINTH STREET NEW CUMBERLAND ,PA 17070 DATE OF NOTICE: DECEMBER 18, 2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. I P RT N CE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERM3LN AArD PHEL~LN, L.L.P. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF MANIIFACTURERS ~ TRADERS TRUST COMPANY AS INDENTURE TRUSTEE Plaintiff vs. CAROL J. WEINELL CAROL E. WEINELL : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 01-6553 Defendant(s) TO: CAROL J. WEINELL 419 NINTH STREET NEW CUMBERLAND ,PA 17070 DATE OF NOTICE: DECEMBER 18, 2Q01 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMP RT NO E You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (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 law~er at once. If you do not have a law%zer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTy CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frahk Federman, ~Esquire Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE 7105 CORPORATE DRIVE Plaintiff, CAROL J. WEINELL CAROL E. WEINELL Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6553 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant CAROL J. WEINELL is over 18 years of age and resides at, 419 NINTH STREET, NEW CUMBERLAND, PA 17070. (c) that defendant CAROL E. WEINELL is over 18 years of age, and resides at, 419 NINTH STREET, NEW CUMBERLAND, PA 17070. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 311t0-3183 MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE Plaintiff, CAROL J. WEINELL CAROL E. WEINELL Defendant(s). : No. 01-6553 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 1/14/02 to 6/5/02 (per diem -18.37) TOTAL $111,727.09 $2,607.99 and Costs $114,335.07 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. PREMISES ON: 419 NINTH STREET MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE Plaintiff, CAROL J. WEINELL CAROL E. WEINELL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6553 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, 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 ~419 NINTH STREET~ NEW CUMBERLAND~ PA 17070. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CAROL J. WEINELL CAROL E. WEINELL 419 NINTH STREET NEW CUMBERLAND, PA 17070 419 NINTH STREET NEW CUMBERLAND, PA 17070 2. Name and address of Defendant(s) in the judgment: CAROL J. WEINELL CAROL E. WEINELL 419 NINTH STREET NEW CUMBERLAND, PA 17070 419 NINTH STREET NEW CUMBERLAND, PA 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: NaIne None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name CITI FINANCIAL, INC. Last Known Address (if address cannot be reasonably ascertained, please indicate) 3401 HARTZDALE DRIVE SUITE 126 CAMP HILL, PA 17011 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Last Known Address (if address cannot be reasonably ascertained, please indicate) 419 NINTH STREET NEW CUMBERLAND, PA 17070 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. Janu~ DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE Plaintiff, CAROL J. WEINELL CAROL E. WEINELL Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 01-6553 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: 0 an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE Plaintiff, CAROL J. WEINELL CAROL E. WEINELL Defendant(s). TO: CAROL J. WEINELL 419 NINTH STREET NEW CUMBERLAND, PA 17070 CUMBERLAND COUNTY No. 01-6553 January 14, 2002 CAROL E. WEINELL 419 NINTH STREET NEW CUMBERLAND, PA 17070 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOTREAFFIRMED, THIS IS NOTAND SHOULD NOTBE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTE ** Your house (real estate) at ~ 419 NINTH STREET~ NEW CUMBERLAND~ PA 17070~ is scheduled to be sold at the Sheriffs Sale on JUNE 5~ 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 111,727.09 obtained by MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURIZ. TRUSTEE (the mortgagee) against you. In the event the sale is continued, an announcement will bc made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SAI,E To prevent this Sheriffs 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 attorney's fees due. To find out how much you must pay, you may call: {215) 563-7000. 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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriffgives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PR~MISES ON: 419 NINTH STREET FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ATTORNEY FOR PLAiNTIFF ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 COURT OF COMMON PLEAS (215) 563-7000 CIVIL D1VISION MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE CUMBERLAND COUNTY No.: 01-6553 VS. CAROL J. WEINELL CAROL E. WEINELL MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Frank Federman, Esquire, moves this Honorable Court for an Order directing service of the Notice of Sale upon the above captioned Defendant(s) by certified mail and regular mail to Defendant's last known address. 1. Attempts to serve Defendant with Notice of Sale have been unsuccessful, as indicated by the Affidavit of Service attached hereto as Exhibit "A." 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Good Faith Investigation setting forth the specific inquiries made and the results theretSom is attached hereto as Exhibit "B." WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Notice of Sale by certified mail and regular mail to Defendant's last known address. FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CEN fER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 01-6553 VS. CAROL J. WEINELL CAROL E. WEINELL MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiffmay move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. Note: A Sheriffs return of"Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165,360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Affidavit of Service, marked hereto as Exhibit "A", the Sheriffhas been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Good Faith Investigation, marked Exhibit "B." WHEREFORE, Plaintiff respectfully requests service of the Notice of Sale by certified mail and regular mail to Defendant's last known address. Respectfully submitted: ~FRANK I~EDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION FRANK FEDERMAN, ESQUIRE, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE OF THE NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his 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. FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE ,~' IDENTIFICATION NO. 12248 ~ ~, ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 COURT OF COMMON PLEAS (215) 563-7000 CIVIL DIVISION MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE CUMBERLAND COUNTY No.: 01-6553 VS. CAROL J. WEINELL CAROL E. WE1NELL CERTIFICATION OF SERVICE I, FRANK FEDERMAN, ESQUIRE, hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court has been sent to the individuals indicated below on March 12, 2002. CAROL J. WEINELL CAROL E. WEINELL 419 NINTH STREET NEW CUMBERLAND, PA 17070 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Date: March 12, 2002 AFFIDAVYI' OF SERVICE PLAINTIFF MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTU'RE TRUSTEE DEFENDANT(S) CAROL J. WEINELL CAROL E. WEINELL SERVE CAROL E. WEINELL AT 419 NINTH STREET NEW CUMBERLAND, PA 17070 CUMBERLAND COUNTY. No. 01-6553 ACCT. f~9802115 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 5, 2002 :rp6~ SERVED Served and made known to , Defendant, on the .dayof ,200_, at , o'clock __.m., at , Commonwealth of Permsylvania, in the manner described below: Defendant personally served. __Adult family member with whom Defendant(s) reside(s). Relationship is __Adult in charge of Defendant(s)'s residence who refused to give name or relationship. __Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age Height Weight Race__ Sex__ Other I, , a competent adult, being duly sworn according to law, depose and state that I personally handed a mae and correct copy of the Notice of SheriWs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Swomtoandsubscribed be~remethis day of ,200_. No~ry: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPED. On the X Moved Unknown Sworn to and subscribed before me: flxis of '"~o~{ ,200 Attorney f~ Plaintiff Frank Fed~rmn, Esquire - I~. No. 12248 One Penn Center at Sub.ban Station 1617 John F. Kennedy Boulevard, Suite 1400 P~adelphia, PA 19103-1814 (21~ ~7000 NOT SERVED ,200~. at /[.' '~0 o'clock k;:l.m., Defendant NOT FOUND because: __ No Answer Vacant AFFIDAVIT OF SERVICE PLAINTIFF MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE DEFENDANT(S) CAROL J. WEINELL CAROL E. WEINELL SERVE CAROL J. WEINELL AT 419 NINTH STREET NEW CUMBERLAND, PA 17070 CUMBERLAND COUNTY No. 01-6553 ACCT. #9802115 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 5, 2002 SERVED Served and made known to , Defendant, on the day of ,200_~ at , o'clock __.m., at , Commonwealth of Pennsylvania, in the manner described below: __ Defendant personally served. __Adult family member with whom Defendant(s) reside(s), Relationship is __Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age__ Height__ Weight__ Race __ S~X __ Other I, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of SheriWs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. £ v z :": to a.:'1 ;ubscribed before me this __ day of ,200_. Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPED. NOT SERVED Onthe a~6~dayof '""~"'g'( ,200_~at /~,'40 o'clock eq .m., Defendant NOT FOUND because: ~ Moved U~o~__ No~wer __ Vacant Sworn to and subscribed before me this fl 5 t~day of ?a~v~ .200 ~. Frank Federmau, Esquire - 1.9. No. 12248 One Penn Center at Suburban Station 1617 John F. Kenn~y Boulevard, Suite 1400 Philadeiphi~ PA 1910~1814 (21~ 5~-7000 EKL DATA, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number: File Number: Attorney Firm: Federman & Phelan Subject: Carol J. Weinell Property Address: 419 9th Street New Cumberland, PA 17070 Last Known Address: 419 9th Street New Cumberland, PA 17070-1513 Current Address: Last Known Number: 419 9th Street New Cumberland, PA 17070-1513 717-774-4552 'EXHIBIT II. III. IV. George H. Lew~s, III, being duly sworn according to law, deposes and says: 1. I am employed in the capacity of President of EKL DATA, INC. 2. On March 1, 2001, I conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as follows: Credit Information A. Social Security Number Carol J. Weinell: 265-48-7911 Employment Search: Could not locate any employment information for the above named subject at this time. Inquiry of Creditors: The creditors Indicated that Carol J. Weinell resides at 419 9th Street, New Cumberland, PA 17070-1513. Inquiry of Telephone Company A. Directory Assistance Search: The Telephone Company has C. J. Welnell listed with an address of 419 9th Street, New Cumberland, PA 17070-1513. The phoue number is 717-774-4552. Inquiry of Neighbors Contacted Mr. Woodruff of 417 9th Street, New Cumberland, PA 17070-1513 and verified that Carol J. Weinell does indeed reside at 419 9th Street. Inquiry of Post Office A. NationalAddress Update: As of March 1, 2001 the National Change of Address has no forwarding record for Carol J. Weinell listed at 419 9th Street, New Cumberland, PA 17070-1513. Inquiry of DMV The Pelmsylvanla Department of Motor Vehicles has Carol J. Weinell listed at 419 9th Street, New Cumberland, PA 17070-1513. VI. EKL DATA, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION Other Inquiries A. Death Records: As of March 1, 2001 the Social Security Death Index has no death record on file for Carol J. Weinell under her social security number. B. Public Licenses None foun6 C. County Voter Registration: The county does have Carol J. Weinell listed as a registered voter with an address of 4/9 9th Street, New Cumberland, PA 17070-1513. D. A.K.A.: Carol E. Weinell D.O.B.: Carol J. Weinell: 04-21-36 F. Miscellaneous Information None EXHIBITzB,, Affiant George H Lewis III (,~cribed and sworn before me March I, 2001. L Notary Public EKL DATA, INC. O 1423 SUFFOLK LANE ® WYNNEWOOD, PA 19096 Tel.: 1-888-829-5768 O Fax: 610-649-2637 ® email: ekl-data~home.com FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COURT OF COMMON PLEAS CiVIL DIVISION MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE CUMBERLAND COUNTY No.: 01-6553 VS. CAROL J. WEINELL CAROL E. WEINELL ORDER AND NOW, this~day of~, 2002, upon consideration of Plaintiffs Motion and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Notice of Sale on the above captioned Defendant(s), CAROL J. WEINELL and CAROL E. WE1NELL, by mailing a tree and correct copy of the Notice of Sale by certified mail and regular mail to Defendant's last known address and the mortgaged premises. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit of service. BY THE COURT: FEDERMAN AND PHELAN BY: FRANK FEDERMAN IDENTIFICATION NO. 12248 SUITE 1400 - ONE PENN CENTER PHILADELPHIA, PA 19103 215) 563-7000 ATTORNEY FOR PLAINTIFF MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE VS. CAROL J. WEINELL CAROL E. WEINELL CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01~6553 V~R IFTC ATTON I hereby certify that a tree and correct copy of the Notice of Sheriffs Sale in the above captioned matter was sent by regular mail and certified mail, retum receipt requested, to the following person(s) CAROL J. AND CAROL E. WEINELL on 4/2/02 at 419 NINTH STREET, NEW CUMBERLAND, PA 17070 in accordance with the Order of Court dated, 3/22/02. The undersigned understands that this statement is made subject to the penalties of 18 PA. C.S. s4904 relating to unswom falsificaton to authorities. ATTORNEY FOR PLAINTIFF DATE: April 8, 2002 1 7160 3901 9844 7042 6366 TO: CAROL E. WE1NELL 419 NINTH STREET NEW CUMBERLAND, PA 17070 SENDER: KMD REFERENCE: SALES WE1NELL 7160 3901 9844 7042 6359 TO: CAROL $. WEINELL 419 NINTH STREET NEW CUMBERLAND, PA 1707O PS Form 3800, June 2000 RECEIPT Certified Fee 2. l 0 SERVICE - Return Receipt Fee 1.90 Restricted Deliver/ 0.00 ~ Total Postage & Fees ' ..... ' 4.34 US Postal Service '~,~ Receipt for Certified Mail Do Not Use for International Mail SENDER: KMD '{EFERENCE: SALES WEINELL US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for international Msll .34 2.I0 1.90 4~:~4 DATE ................................................... RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE CIVIL ACTION VS. CAROL J. WEINELL CAROL E. WEINELL CIVIL DIVISION NO. 01-65~ AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE hereby verify that on 1/16/02 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. Notice of Sale was sent to the Defendant(s) on 1/16/02 by certified mail return receipt requested see Exhibit "B" attached hereto. DATE: April 161 2002 FRA~IK FEDERMAN', ESQUIRE Attorney for Plaintiff 7160 3901 984~4 6529 38g. 3 TO: CAROL J. WEINELL 419 NINTH STREET NEW CUMBERLAND, PA 17070 SENDER: TEAM 5 REFERENCE: WEINELL PS Form 3800, June 2000 RETURN Postage 34 RECEIPT Certi~ed Fee SERVICE ?, 10 ~m R~o~ F~ 1,50 Restricted Delivery 3.20 Total Postage & Fees I , 7.14 I, US Postal Service I PO~ i Re,c..e. ipt for. I [~"~e'~ i CertlfledMall I' ['~?t~)S) ' I Do Not Use for International Mail 7160 3901 9844 6529 3607 TO: CAROL E. WE1NELL 419 NINTH STREET NEW CUMBERLAND, PA 17070 SENDER: TEAM 5 REFERENCE: WEINELL 7ltl 3.20 US Post.al Service Rec..e.'pt f°r. I Certmfled Mall