HomeMy WebLinkAbout04-1929GOLDBECK McCAFFERTY & McKEEVER
BY: JOSEPH A. GOLDBECK, JR.
ATTORNEY I.D. #16132
SUITE 5000,- MELLON INDEPENDENCE CENTER.
701 MARKET STREET
PHILADELPHIA, PA 19106
(215) 627-1322
ATTORNEY FOR PLAINTIFF
WELLS FARGO BANK N.A. AS TRUSTEE FOR THE
BENEFIT OF THE CERTIFICATEHOLDERS OF
REPERFORMING LOAN REMIC TRUST
CERTIFICATES, SERIES 2002-1
7105 Corporate Drive
PTX C-35
Piano, TX 75024
Plaintiff
VS.
JASON C. LILLER
Mortgagor(s) and Real Owner(s)
1805 Main Street
Mechanicsburg, PA 17055
Defendant(s)
09-
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CWIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
CIVIL ACTION: MORTGAGE
t=OR'~CLO~URE
THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT
A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU
WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT.
You have been sued in court. If you wish to defend agains* the claims set forth in the following pages, you must ~ke action within twenty (20) days after the Complaint and notice
are served, by entering a written appearance persolmlly or by attorney and filing in wl/[ing with the court your de felines or objections to the claims set forth against you. You ar* warned {hal if
you fail to do so ~he case may proceed without you and a judgment may be entered against you by the Court without thrther notice for any money claim in the Cmnplalnt of for any other claim
or relief requested by the Plaintiff You may lose money or property or other rights imporiant 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, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, IHIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFOPGvlATION ABOUI AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE,
LEGAL SERVICES ][NC
8 lrvine Row
Carlisle, PA 17013
7I 7-243~9400
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberly Avenue
Carlisle. PA 17013
AVISO
LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERES ENTADAS, ES ABSOLUTAM ENTE NECESSAR10 QUE
USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SBRVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDBRSE ES NECESSARIO QUE USTED, O SU
ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECClON CONTRA LAS QUEJAS EN ESTA DEMANDA.
RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONC ES, LA COUTE PUEDF~
SIN NOTIFICARIO, DEClDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE
BSA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES.
USTED DEBE LLEVAR £STE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN AHOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA
AQUI ABA JO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO.
SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICfNA PUEDE PROVEERg INFORMAClON ACERCA AGENCIAS QUE PUEDAN OFRECER
SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS.
LEGAL SERVICES INC
8 hMne Row
Carlisle, PA 17013
717-243-9400
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
COMPLAINT IN MORTGAGE FORECLOSURE
Plaintiffis WELLS FARGO BANK N.A. AS TRUSTEE FOR THE BENEFIT OF THE
CERTIFICATEHOLDERS OF REPERFORMING LOAN REMIC TRUST CERTIFICATES, SERIES
2002-1, 7105 Corporate Drive, PTX C-35 Piano, TX 75024.
The name(s) and address(es) of the Defendant(s) is/are JASON C. LILLER, 1805 Main Street,
Mechanicsburg, PA 17055-6017, who is/are the mortgagor(s) and real owner(s) of the mortgaged
premises hereinafter described.
On May 15, 1996 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter
described to FIRST UNITED MORTGAGE SERVICES, INC., which mortgage is recorded in the
Office of the Recorder of Deeds of Cumberland County as Book: 1320 Page: 116. The mortgage has
not been assigned unless said assignment to the Plaintiff is hereafter mentioned. The aforementioned
mortgage was assigned to: WELLS FARGO BANK N.A. AS TRUSTEE FOR THE BENEFIT OF THE
CERTIFICATEHOLDERS OF REPERFORMING LOAN REMIC TRUST CERTIFICATES, SERIES
2002-1 by Assignment of Mortgage which Assignment is lodged for recording; and these documents are
matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule
of Civil Procedure 1019(g),
The premises subject to said mortgage is described as attached.
The mortgage is in default because monthly payment of principal and interest upon said mortgage due
January 01, 2004, 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 amotmts are due on the mortgage:
Principal Balance
Interest from 12/01/2003
through 04/30/2004 at 8.0000%
Per Diem interest rate at $14.59
Attorney's Fee at 5.0% of Principal Balance
Late Charges from 01/01/2004 to 04/30/2004
Monthly late charge mount at $27.26
Costs of suit and Title Search
Monthly Escrow amount $135.97
$66,602.24
$2,217.67
$3,330.11
$109.04
$900.00
$73,159.06
$73,159.06
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 based on work actually
performed.
Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has
been sent to Defendant(s) by Certified and regular mail, as required by Act 160 of 1998 of the
Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s)
attached hereto as Exhibit "A". The Defendant(s) has/have not had the required face-to-face meeting
within the required time and Plaintiff has no knowledge of any such meeting being requested by the
Defendant(s) through the Plaintiff} the Permsylvania Housing Finance Agency, or any appropriate
Consumer Credit Counseling Agency.
WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure in the sum of $73,159.06,
together with interest at the rate of $14.59, per day and other expenses incurred by the Plaintiff, which are
properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the
mortgaged premises.
By:
ERTY & M~KE~EVER
~/;/JosEPH A. _GOLDBECK, JR., ESQUIRE
ATTORNEY FOR PLAINTIFF
VERIFICATION
I, Michael D. Vestal, as the representative of the Plaintiff corporation within named do
hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff
corporation and the facts set forth in the foregoing Complaint are tree and correct to the best of my
knowledge, information and belief. I understand that false statements therein are made subject to the
penalties of 18 Pa. C.S. 4904 relating to unswom falsification to authorities.
Date: Lll- ~.. 7" (~ '~
Michael D, Vestal
COUNTRYWIDE HOME LOANS INC.
Legal Description: las shown on Mortffa~e)
ALL THAT TRACT OF LAND LOCATED IN I.,OWER ALLEN TOWNSHIP, CUMBERLAND COUNTY,
PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT:
BEGINNING AT A POINT ON THE BRIDGE ACROSS THE MILL RACE AT LINE OF LAND N/F OF EARL W.
.HOFFMAN; THENCE ALONG THE CENTER OF THE MILL RACE IN A NORTHERLY DIRECTION (THE LINE
ALONG THE BANK BEING SOUTH NORTH 4 DEGREES 7 MINUTES EAST THREE HUNDRED TWENTY-TWO AND
SIXTEEN HUNDREDTHS (322.16) FEET, TO A POINT; THENCE NORTH $ DE¢;REES 0 MINUTES WEST ONE
HUNDRED SEVENTEEN AND FIFTEEN HUNDREDTHS (117.15) FEET TO A POINT; THENCE ALONG THE
YELLOW BREECHES CREEK THE FOLLOWING FOUR COURSES AND DISTANCES; SOUTH '~4 DEGREES 16
MINUTES EAST TWO HUNDRED FII~EEN AND EIGHTY-FIVE HUNDREDTHS (215.85) FEET; SOUTH 38 DEGREES
36 MINUTES EAST ONE HUNDRED FORTY-SIX AND ELEVEN HUNDREDTI-IS (146.11) FEET; SOUTH 19 DEGREES
58 MINUTES EAST ONE HUNDRED SIXTY-ONE AND ONE HUNDREDTHS (161.0) FEET; SOUTH 36 DEGREES 59
MINUTES EAST ONE HUNDRED FIFTY-NINE AND NINETY-THREE HUNDREDTHS (159.93) FEET, TO A POINT IN
THE CENTER OF THE ROAD LEADING TO NEW CUMBERLAND FROM LISBURN; THENCE ALONG THE
CENTER OF THE ROAD (ROUTE NO. 114) NORTH 79 DEGREES 15 MINUTES WEST ONE HUNDRED (100) FEET;
NORTH 65 DEGREES 31 MINUTES WEST ONE HUNDRED THIRTY-FIVE (135) FEET; NORTH 57 DEGREES 13
MINUTES WEST ONE HUNDRED THIRTY-THREE AND SIXTY-ONE HUNDREDTHS (133.61) FEET; NORTH 61
DEGREES $6 MINUTES WEST ELEVEN AND FORTY-SEVEN HUNDREDTHS (I 1.47) FEET TO A POINT, THE PLACE
OF BEGINNING.
BEING THE SAME PREMISES WHICH RONALD E. DAVIS AND LORI K. DAVIS, HIS WIFE, BY THEIR DEED
DATED MAY I$, 1996 AND INTENDED TO BE RECORDED CONTEMPORANEOUSLY HEREWITH GRANTED AND
CONVE] ED UNTO JASON C. LILLER, MORTGAGOR HEREIN.
_~¢ountm~Jde'
March 2, 2004
Ason C IJIler
1805 Main St
MechanicSburg. PA 17055-6017
EXHiBiT
Rstum Receipt Requested
Account NO.: 4036989
Prope~'~ Address:
1805 Main St
Mechan~s~urg, PA .
Current Servlner:
Cour~v~de Home Loans, loc,
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
Thia Is an official notice that the mert~Leee on your home Is Ir~ default, and the lender Intends to foreclose.
S~)eelf~c information ebout the)~pture of the default Is ~rovlded In the attached ceQes_.
The H OMEOWNER'SJ=MERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAp) may be ehle to held lo save
YOUr home. This Notice exPIn[os hew the DroQram works.
To nee If HEMAP can hell), YOU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY ~/iTFIIN 30
DAYS OF THE DATE OF THIS NOTICE, Take thia Notice with you when ¥otLmeet with the CouJ~selinn Aosncy,
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
004036989400000199986000199986
TEMPORARY' STAY OF FORECLOSURE - Under the A~, you are entit~:l to a temporary stay of foreclosure on your
mortgage fc~r thin'y.flve (35) days from the date of this Notice. During that time you must arrange and attend a "face-to-
fecal" meeting with one of Ihs consumer cred'~ cout'~e[~ng agafl~tee listed at the er~ of this Notice. THiS MEET}NG
MUST OCCUR WITHIN THE NEXT ¢~i)DAYS. IF yOU DO NOT APPL)' FOR EMF.~GENCY MORTGAGE
L~,SSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE, THE PART OF THIS NOTICE CALLED 'HOW
TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDrl' COUNSELING AGENCIES - If you meet with one of the consumm' credit counselirtg agencies
ILiad at the and Of ~ notice, the lender may NOT t~d(e action against you for thirly-five (35) days after fha date of thle
face meeting. Advise your lender immedlatelv of your [nte~o~
end of this Notice' Onty consumer cmdi~ couneeitng agencies have applications for the pmcjmm and they wil a~ist you
peetmarked within Ihldy.five (35) days of your faee4o-faee meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE
Agency under tt~e eligib~r~y criteri~ estab~hed by the ACt, The Pennsylvania Housing Finance Agency has six'iy (60) days
NOTICE OF INTENT TO FORECLOSE
YOUR HOME LOAN IS IN DEFAULT FOR THE REASONS SET FORTH IN THIS NOTICE,
YOU MUST TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE
I~IATURE OF THE DEFAULT- Cejmtrvwlde Home Loans. Inc.. (hereinafter "u.~ smvicee your home loan.
PAYI~E.NT IN~TRUCTIO NS
HOW TO CURE THE DEFAUJ2[ - You may cure th/~ default within THIRTY*FiVE (3b") DAYS of the date of this letter, by
paying to us the above amount of $1,999.86, p~us any eddifione} monthly payments, ~ate charge~, fees and olher
appl~cabil charges which may fall due during this period. Such payment must be In the form of certified check, cashier's
cheCkormoneyorder, eedmedepayabiltoCc~urit~.,~videat P.O. Box6606,~;'4, Dal~s, TX 75286-0604. ffyourcheckor
other payreent Is returned to us/or ~r~uffloilnt funds or for any other re~son, you w6 not l~ave cured your default. NO
estansiln of time to cure will be granted due to a returned payment.
If Wu do not cure ti~is default within THIRTY~FtVE (35) DAYS, we will accelerate the payment~ dt~s on year hems idac.
Th~ meer~s whatever ls owing o~ the odginai e~ount berrowed w~l be cee..~tered due imreediste~y and you may ldae the
chance to pay off your heres iban in monthly ine~imenta. If the fulJ payment of the amount in defau~ IS riot made within
THIRTY-FIVE (3S} DAYS, we also intend to immediately start e, lawsuit to foreclose os your mortgaged pmjpsrty.
IF TH,E MORTGAGE t~ FORIECJ.OSED UPON - If the mo~lgage ~ foreclosed, the mortgaged pr~atty will be cold by
the Sher/ff to pay off the mortgage rtebt, if the default is cured before we begin legal preeeedlog~, Countrywide w~l be
entitled to collect the reseonable attorney's fees ectueJ~y J~urmd, up to $50.00. However, if IsgaJ proceedings ere
started, Co[mt~'wlde ~t be er~ed to co~ilet the raaconebil nttorney'e fees eyed if they are over $.50.00. Any atlomey's
tees wi~( be added to the secured debt, which may elco include our raaconebie coats. If you c~ure the default within the
THIRTY-FiVE (36) DAY ~ed~ed, you wA not be required to pay at~reey's rase. YOU NAVE THE RIGHT TO
REINSTATE AF]~ER ACCELERA'TION AND RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDING THE
NON-EXISTENCE OF A DEFAULT OR AJ~Y OTHER 0EFENSE YOU MAY HAVE TO ACCELERATION AND
FORECLOSURE,
OTHER LENJ)ER REMEDIES - The tinder may elco sue you personally for the uupald p~incipal balance end all other
sums due under the mortgage.
RIGHT TO ~URE THE I~EFAULT PRIOR TO FOREC[.0SURE SALE - It you have not cured the detauIf withlo the
THIRTY-FIVE (35) DAY padod end forecil~'e prcoeedings have begun, you st6 have the dght to cure the default and
p~event the sell at any time up to one hour/~etora the forecibcom sale. You may do so by paying thc total amount then
past due, plus any ~te or other charges then due, re~onabil attorneY's fees end costs connected with the forecbBure
sela and any ether costs connected with the foreclosure saJe as ~'.q~ecifisd in writing by the tinder and by pertormldg any
other regeifemants under the mortgage. Curing your cletsuit in the manner set forth fn this notice will restore your
mortgage to the saree posittoileS if you had never defaulted.
[~ARI. IEST POSSLBI.E FOREC].OSURE SAt~E DATE - It is satimated that the ear,est date that a iuracldsure sale
could be he~d would be approximately six (6) months from the date nt this letter. A notice nt the (:late of the ~orcoilsure
sale wilt be sent to you before the sal~ You may find out at any time exactly what the required payment wil) be by calling
ue at the felbwlog comber. 1-800-669-4578. This payment must be in the form of a cashier's check, ceditied check or
money o~er and mede payable to u~ at th, e address stated above. ~/the defau~ is cured, the medpage wilt ~e restored
to the same position as [f co def~uIf had eecur~ed. However, the dela~ may not be cured more than three (3) times in
any eaieedar year.
HOW TO CONTACT THE LENDER:
Name of Lender; Countrywide Home Loans, Inc.
Address,- P, O. BOX 260599 De#as, TX 75026-0~99
Phone Nureber: 1,30~9-4578
Fax Nun~ber: 1-805-577-3432
Contact Person; David Glover, MS PTX,34
Attention: Loan Counselor
I~FFECT OF FORECLOSURE SALE - You should reefize that a foreclosure sale w6 end your Ownership of the
mortgaged pmpedy and your dght to remain1 in it. If you continue to live in the propddy after the Sheriff's sale, a Ilwsuit
to remove you and your furnishings e~d other belongings could be started by Coa]~j~J d e at any time.
A,~B UMPTJO N OF MORTGAGE - Contact ~'om~de Enm~ ]~o~ts for ~ormetid~ on the possible esaumab[lity of
your lean,
YqU MAY ALSO HAVE THE RIGHT:
TO SELLTHE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS
DEBT.
TO HAVE THJB DEFAULT CURED AY ANY THIRD PARTY ACTING ON YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POS(TIeR AB IF NO DEFAULT
HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEIrER, YOU DO NOT HAVE THIS
RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR
YEAR,)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANy FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INST/TUTED UNDER THE MORTGAGE
DOCUMENTS.
TO ASGERT ANY OTHER DEFENSE YOU RELIEVE YOU MAY HAVE TO SUCH ACTION
BY THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
Pursuant to your home loan documents, and because the t~ree loan is ~ default, gountn.~wlde may, at itc option, enter
upon and conduct an inspectloa of the pmpedy. The purpose of this inspestlon L~ to obserye fbe physical corldition o! the
propaAy, to veiny that the p/A0edY Is occupied and/or to determine the identi(y of tbs ee0upant. The cost of any eush
inspeetidn will be added to and become part of the secured debt as p~ovlded under the term~ of the hems loan
dcoumenff-
It you are unable to uere your detauR on or before April 6, 2004, Coun~/wide wants you to be aware of v~ioua options
that may be avallobte to you through Courts, de to prevent a forecJoau~e sale of your property. For example:
4, Ref~ayment Plan: it is paasicia that you may be eligible for some form of payment assistance thro~h Countrywide.
Our basic p~'~ requires that Count~vtde r~e[ve, up front, at least Y~ ef the amount uecsasa~y to bdng the accou~
current, end that the balonce of the overdue amount he paid, eic,ng with the regu!ar monthiy payment, over a defir~d
period of time. Other repayment p~ns also are evadable.
· I~sn ~atio~: AIteruetively, it ia pus~ble that the regular monthly payments can be ~}wemd through a
modi~i~atior~ of the loan b,/ reducing tile Interest rate a~d then adding the dallaquer~ payments to the current loan
balansa. This ~o~solosum altercatNe, however,/s limited to cedaln loan tybes.
· ~ale of Your Pre,arty.' Altemat~ely, ~ you are willing to sa~ your home in order to avoid foreck~sure, it is possible that
the sale of'your home san be approved through Counl~vide even if your home Is wodh Jess than what .~ owed on it.
_D. asd-in-Lisu: Aiternati,,~ly, if ~,.~)ur property Is free from other lteue or encumbrances, and if the default IS due to a
SOr~OUS financial hardship which Is beyond your control, you may be al'~ji~e to deed your pmFerly directly to the
Nefeholdar and avoid the foreclosure sale.
if you are ioterested io disau.~ng foreclosure a~teroatives with Countrywide, you must conta~t us/mmediefely, if you
request a~alstsace, C~unt ~.v~d e will determine, in its sole discreflon, whether such assistance will be extended to you. In
the msantLme, Country;de wif/pursue al) of its rights and remedfas under the home loan documents and as permitted by
Isw, unless it agrees otherwise fn Writing. P,~asa be advIsed that faiiore to bring the home loan current o~ lc, enter into a
~r~en agrasmer~ as oalilned above will result io the ecceloretisn of the debt.
Time Is of the essence. ~hould you have any questions concerning this sotias, please contact Counhyw/de's offloe
immediately al 1-800-669-4578, exteP, sk~ 9218.
Davlo Glove¢
Loan Counsa~3r
1-800-669-4578~ extension
Please be advIsed that this communication ie from a debt collector.
SHERIFF'S RETURN
CASE NO: 2004-01929 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WELLS FARGO BANK
VS
LILLER JASON C
REGULAR
BRIAN BARRICK
Cumberland County, Pennsylvania,
says, the within COMPLAINT - MORT FORE
LILLER JASON C
DEFENDANT , at 1749:00 HOURS,
at 1805 MAIN STREET
MECHANICBSURG, PA 17055
JOELLE LILLER, WIFE
a true and attested copy of COMPLAINT
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
on the 26th day of May , 2004
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 9.66
Affidavit .00
Surcharge 10.00
37.66
Sworn and Subscribed to before
me this _ /~ day of
~ A.D.
t ~rothonotary ~ ~ '
So Answers:
R. Thomas Kline
05/27/2004
Deputy Sheriff
GOLDBECK McCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr.
Attorney I.D. #16132
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
WELLS FARGO BANK N.A. AS TRUSTEE FOR THE
BENEFIT OF THE CERTIFICATEHOLDERS OF
REPERFORMING LOAN REMIC TRUST
CERTIFICATES, SERIES 2002-1
7105 Corporate Drive
PTX C-35
Plano, TX 75024
VS.
Plaintiff
JASON C. LILLER
(Mortgagor(s) and Record owner(s))
1805 Main Street
Mechanicsburg, PA 17055
Defendant(s)
1N THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION LAW
ACTION OF MORTGAGE FORECLOSURE
No. 04-1929 CIVIL
ORDER FOR JUDGMENT
Please enter Judgment in favor of WELLS FARGO BANK N.A. AS TRUSTEE FOR THE BENEFIT
OF THE CERTIFICATEHOLDERS OF REPERFORM1NG LOAN REMIC TRUST CERTiFICATES, SERIES
2002-1, and against JASON C. LILLER for failure to file an Answer in the above action with/n (20) days (or
sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum
of $74,655.46.
Joseph .
Attomey f~j~lailq(ff
I hereby certify that the above names are correct and that the~p-ecise residence address of the judgment
creditor is WELLS FARGO BANK N.A. AS TRUSTEE FOR THE I~NEFIT--* OF THE
CERTiFICATEHOLDERS OF REPEREORMING LOAN REMIC TRUST CERTiFICATES, SERIES 2002-t
7105 Corporate Drive PTX C-35 Plano, TX 75024 and that the name(s) and last known address(es) of the
Defendant(s) is/are JASON C. LILLER, 1805 Main Street Mechanicsburg, PA 17055-6017;
GOLD..~.~ .~McCAFFERTY & McKEEVER
BY: Jos~. Goldbeck, Jr.
Attome~llor ~ntiff
ASSESSMENT OF DAMAGES
TO T~HE PROTHONOTARY:
Kindly assess the damages in this case to be as follows:
Principal Balance
Interest from 12/01/2003 through
07/08/2004
Attorney's Fee at 5.0000% of principal
balance
Late Charges
Costs of Suit and Title Search
Escrow Balance Deficit
$66,602.24
$3,224.38
$3,330.11
$190.82
$900.00
$407.91
$74,655,46
AND NOW, this ]~'~ day of J~
GO~DBEC~. ~I~Y & McKEEVER
~tYt ~ Jrn°eS;~ohr~ ~ ~ Jr
,2004 damages are assessed as above.
Pro Prothy
VERIFICATION OF NON-MILITARY SERVICE
The undersigned, as the representative for the Plaintiff
corporation within named do hereby verify that I am authorized
to make this verification on behalf of the Plaintiff corporation
and that the facts set forth in the foregoing verification of
Non-Military Service are true and correct to the best of my
knowledge, information and belief. I understand that false
statements therein are made subject to penalties of 18 Pa. C.S.
4904 relating to unsworn falsification to authorities.
1. That the above named Defendant, JASON C. LILLER, is
about unknown years of age, that Defendant's last known
residence is 1805 Main Street, Mechanicsburg, PA 17055-6017,
and is engaged in the unknown business located at unknown
address.
2.
of the
provisions of the Soldiers' and Sailors'
Congress of 1940 and its Amendments.
Date:
That Defendant is not in the Military or Naval Service
United Stat~s or its Allies, or otherwise within the
Civil Relief Action of
In the Court of Common Pleas of Cumberland County
WELLS FARGO BANK N.A. AS TRUSTEE FOR THE
BENEFIT OF THE CERT1FICATEHOLDERS OF
REPERFORMING LOAN REMIC TRUST CERTIFICATES,
SERIES 2002-1
7105 Corporate Drive
PTX C-35
Plano, TX 75024
VS.
JASON C. LILLER
(Mortgagor(s) and Record Owner(s))
1805 Main Street
Mechanicsburg, PA 17055
Plaintiff No. 04-1929 CIVIL
Defendant(s)
PRAECIPE FOR JUDGMENT
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT
OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE
OF COLLECTING THE DEBT.
Enter the Judgment in favor of Plaintiff and against JASON C. LILLER by default for want of an Answer.
Assess damages as follows:
$74,655.46
Debt
Interest- 12/01/2003 to07/08/2004
Total
(Assessment of Damages attached)
I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO
BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT.
I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment
is to be entered and to his attorney of record, if any, after the default occurr~'~ the date of the
filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 ff ~t ~ast ten days prior to
JoseplzL l ~ Jr.
Attorn 5"fo~ P aintiff
AND NOW ,~} ~M/ I& , ~)()L/ ,Judgment is entered in favor of
WELLS FARGO BANK N.A. AS TI~USTEE FOR THE BENEFIT OF THE CERT1FICATEHOLDERS OF
REPERFORM1NG LOAN REMIC TRUST CERTIFICATES, SERIES 2002-1 and against JASON C. LILLERfia,y default
for want of an Answer and damages assessed in the sum of $74,655.46 as per,4he above certificali~n. ,- / ,/
Prothonotary ~ '~_~J -
THiS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO
COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED
FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT.
DATE OF THIS NOTICE: June 16, 2004
TO:
JASON C. L/LLER
1805 Main Street
Mechanicsburg, PA 17055-6017
WELLS FARGO BANK N.A. AS TRUSTEE FOR THE
BENEFIT OF THE CERTIFICATEHOLDERS OF
REPERFORMING LOAN REMIC TRUST CERTIFICATES,
SERIES 2002-I
7105 Corporate Drive
PTX C-35
Piano, TX 75024
VS.
JASON C. LILLER
(Mortgagor(s) and Record Owner(s))
1805 Main Street
Mechanicsburg, PA 17055
Plaintiff
In the Court of
Common Pleas
of Cumberland County
CIVIL ACTION - LAW
Action of
Mortgage Foreclosure
Ternl
No. 04-1929 CIVIL
Defendant(s)
TO: JASON C. LILLER
! 805 Main Street
Mechanjcsburg, PA 17055-6017
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS
TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF
THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE
YOUR PROPERS[ OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 1F YOU CANNOT AFFORD TO
HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES
THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LEGAL SERVICES INC
8 lrvine Row
717-243~9400
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
GOLDBECK McCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr., Esq.
A~tomey for Plaintiff
Suite 5000 - Mellon Independence Center.
701 Market Street
Philadelphia, PA 19106 215-627-1322
PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P 3180-3183
Joseph p~q ~oldbeck, Jr.
Att &-ney I.D.#16132
Stfite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
Attorney for Pl~fmfiff
WELLS FARGO BANK N.A. AS TRUSTEE FOR THE
BENEFIT OF THE CERTIFICATEHOLDERS OF
REPERFORMING LOAN REMIC TRUST
CERTIFICATES, SERIES 2002-1
7105 Corporate Drive
PTX C-35
Plano, TX 75024
VS.
Plaintiff
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION LAW
ACTION OF MORTGAGE FORECLOSURE
JASON C. LILLER
Mortgagor(s) and Record Owner(s)
1805 Main Street
Mechanicsburg, PA 17055
Defendant(s)
No. 04-1929 CIVIL
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
Issue Writ of Execution in the above matter:
Amount Due
Interest from
12/01/2003 to
07/08/2004 at
8.0000%
$74,655.46
(Costs to be added)
GOLDBEI ~.~/~-AFFERTY & McKEEVER
BY: Josep] .r'~ff.'Oioldbeck, Jr.
Attorney fc~ ,P~'a'~fiff
Legal Description: (As shown on Mortgage)
ALL THAT TRACT OF LAND LOCATED IN LOWER ALLEN TOWNSHIP, CUMBERLAND COUNTY,
PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT:
~EGINNING AT A POINT ON THE BRIDGE ACROSS THE MILL RACE AT LINE OF LAN1} N/F OF EARL W.
HOFFMAN; THENCE ALONG THE CENTER OF THE MILL RACE IN A NORTHERLY DIRECTION (THE L1NE
ALONG THE BANK BEING SOUTH NORTH 4 DEGREES 7 MINUTES EAST THREE HUNDRED TWENTY-TWO AND
SIXTEEN HUNDREDTHS (322.16) FEET, TO A POINT; THENCE NORTtl 5 DEGREES 0 MINUTES WEST ()NE
HUNDRED SEVENTEEN AND FIFTEEN HUNDREDTHS (117.1S) FEET TO A POINT; THENCE ALONe; TliE
YELLOW BREECHES CREEK THE FOLLOWING FOUR COURSES AND DISTANCES; SOUTH 24 DEGREES
MINUTES EAST TWO HUNDRED FI~FEEN AND EIGHTY-FIVE HUNDREDTHS (215.85) FEET; S()I_!Ttl 38 DEGREES
36 MINUTES EAST ONE HUNDRED FORTY-SIX AND ELEVEN IlUNDREDTHS (146.11) FEET; SOUTH It) DF~GREES
58 MINUTES EAST ONE HUNDRED SIXTY-ONE AND ONE ItUNDREDTHS (161.0) FEET; SOUltl 36 DE{iREES
MINUTES EAST ONE HUNDRED FIFTY-NINE AND NINETY-THREE HUNDREDTHS (159.93) FEET, TO A POINT IN
THE CENTER OF THE ROAD LEADING TO NEW CUMBERLAND FROM LISBURN; THENCE ALON(i THE
CENTER OF THE ROAD (ROUTE NO. 114) NORTH 79 DEGREES 15 MINUTES WEST ()NE HUNDRED (100) FEET;
NORTH 65 DEGREES 31 MINUTES WEST ONE HUNDRED THIRTY-FIVE (135) FEET; NORTH 57 DEGREES 13
MINUTES WEST ONE HUNDRED THIRTY-THREE AND SIXTY-ONE HUNDREDTHS (133.61) FEET; NORTH 61
DEGREES .~6 MINUTES WEST ELEVEN AND FORTY-SEVEN HUNDREDTHS (I 1.47) FEET TO A POINT, THE PLACE
OF BEGINNING.
BEING THE SAME PREMISES WHICH RONALD E. DAV1S AND LORI K. DAVIS, HIS WIFE, BY THEIR DEED
DATED MAY 15, 1996 AND INTENDF. D TO BE RECORDED CONTEMPORANEOUSLY HEREWITH GRANTED AND
CONVEYED UNTO JASON C. LILLER, MORTGAGOR HEREIN.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 04-1929 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WELLS FARGO BANK N. A. AS TRUSTEE FOR
THE BENEFIT OF THE CERTIFICATEHOLDERS OF REPERFORMING LOAN REMIC
TRUST CERTIFICATES, SERIES 2002-1, Plaintiff (s)
From JASON C. LILLER
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $74,655.46 L.L. $.50
Interest FROM 12/1/03 TO 7/8/04 AT 8.000%
Atty's Comm % Due Prothy $1.00
Atty Paid $119.66 Other Costs
Plaintiff Paid
Date: JULY 12, 2004
(Seal)
CURTIS IL LONG
Deputy
REQUESTING PARTY:
Name JOSEPH A. GOLDBECK, JR., ESQUIRE
Address: SUITE 500 - THE BOURSE BLDG.
111 S. INDEPENDENCE MALL EAST
PHILADELPHIA, PA 19106
Attorney for: PLAINTIFF
Telephone: 215-627-1322
Supreme Court ID No. 16132
Goldbeck McCafferty 8,: McKeever
BY: Joseph A. Goldbeck, Jr.
Attoi-~ey I.D. #16132
'Suite 500 - The Bourse Bldg.
1 l 1 S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
WELLS FARGO BANK N.A. AS TRUSTEE FOR
THE BENEFIT OF THE CERTIFICATEHOLDERS
OF REPERFORMING LOAN REMIC TRUST
CERTIFICATES, SERIES 2002-1
7105 Corporate Drive
PTX C-35
Plano, TX 75024
VS.
Plaintiff
JASON C. LILLER
(Mortgagor(s) and Record Owner(s))
1805 Main Street
Mechanicsburg, PA 17055
Defendant(s)
1N THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
No. 04-1929 CIVIL
AFFIDAVIT PURSUANT TO RULE 3129
WELLS FARGO BANK N.A. AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF
REPERFORMING LOAN REMIC TRUST CERTIFICATES, SERiES 2002-1, Plaintiff in the above action, by its attorney,
Joseph A, Goldbeck, Jr., Esquire, sets forth as of the date the pmecipe for the writ of execution was filed the following
information concerning the real property located at:
1805 Main Street
Mechanicsburg, PA 17055
1.Name and address of Owneffs) or Reputed O~vner(s):
JASON C. LILLER
1805 Main Street
Mechanicsburg, PA 17055-6017
2. Name and address of Defendant(s) in the judgment:
JASON C. LILLER
1805 Main Street
Mechanicsburg, PA 17055-6017
3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold:
DOMESTIC RELATIONS OF CUMBERLAND COUNTY
PO Box 320
Carlisle, PA 17013
PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement
Health and Welfare Bldg. - Room 432
P.O. Box 2675
Harrisburg, PA 17105-2675
4. Name and address of the last recorded holder of every mortgage of record:
~q. Name and address of every other person who has any record interest in or record lien on the property and whose interest
may be affected by the sale:
6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property
which may be affected by the sale.
7. Name and address of every other person of whom the plaintiffhas know/edge who has any interest in the property which
may be affected by the sale.
TENANTS/OCCUPANTS
1805 Main Street
Mechanicsburg, PA 17055
(attach separate sheet if more space is needed)
I verify that the statements made in this affidavit are tree 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. Section 4904
relating to unsworn falsification to authorities.
DATED: July 8, 2004 ~
GOLDBEG ~k~'~FERTY & McKEEVER
BY: Joseph A, ¢c,?Seck, Jr., Esq,
Attorney for ] ~,~
~GOLDBECK McCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr.
Attorney I.D.#16132
Suite 5000- Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-62%1322
Attorney for Plaintiff
WELLS FARGO BANK N.A. AS TRUSTEE FOR
THE BENEFIT OF THE CERT1FICATEHOLDERS
OF REPERFORMING LOAN REMIC TRUST
CERTIFICATES, SERIES 2002-1
7105 Corporate Drive
PTX C-35
Piano, TX 75024
Plaintiff
VS.
JASON C. LILLER
Mortgagor(s) and Record Owner(s)
1805 Main Street
Mechanicsburg, PA 17055
04-1929 CIVIL
IN THE COURT OF COMMON PLEAS
of Cumberland Cotmty
CIVIL ACTION - LAW
ACTION OF MORTGAGE
FORECLOSURE
Tem~
No, 044929 CIVIL
Defendant(s)
THIS LAW FIR/SI IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO
COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO
COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE
USED FOR THAT PURPOSE.
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO:
LILLER, JASON
JASON C. LILLER
1805 M~fm Street
Mechanicsburg, PA 17055-6017
Your house at 1805 Mafia Street, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs
Sale on Wednesday, December 08, 2004, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse
to enforce the court judgment of $74,655.46 obtained by WELLS FARGO BANK N.A. AS TRUSTEE
FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF R.EPERFORMING LOAN REMIC TRUST
CERTIFICATES, SERIES 2002-1 against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
04-1929 CIVIL
1. The sale will be cancelled if you pay to WELLS FARGO BANK N.A. AS TRUSTEE FOR THE
BENEFIT OF THE CERTIFICATEHOLDERS OF REPERFORMING LOAN REMIC TRUST
CERTIFICATES, SERIES 2002-1, the back payments, late charges, costs and reasonable attorney's fees
due. To fred out how much you must pay call: 215-627-1322
2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if
the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your fights. The sooner you contact one, the more chance you
will have of stopping the sale. (See notice below 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 NOT TAKE PLACE.
l. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find
out the price bid price by calling the Sheriff of 717-240-6390,
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 yom' property.
3, The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find
out if this has happened, you may call the Sheriff of 717-240-6390.
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 a right to remain in the property until the full amount due is paid to the Sheriff and the
Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you.
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 Sher/ffthirty (30) days from the date of the
Sher/ffs 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 schedule of distribution is filed.
7. You may also have other rights and defenses, or ways of getting your house 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.
LEGAL SERVICES INC
8 lrvine Row
Carlisle, PA 17013
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
Real Estate Sale #12
On August 20, 2004 the Sheriff levied upon the
defendant's interest in the real property situated in
Lower Allen Township, Cumberland County, PA
Known and numbered as 1805 Main Street,
Mechanicsburg, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: August 20, 2004
Real Estat~ Deputy
Wells Fargo Bank N.A. et al
VS
Jason C. Liller
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2004~1929 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED per instructions from Attorney Joseph Goldbeck.
SherifFs Costs:
Docketing 30.00
Poundage 2.09
Law Library .50
Prothonotary 1.00
Levy 15.00
Mileage 7.40
Surcharge 20.00
Share of Bills 30.42
$ 106.41
Sworn and subscribed to before me
This d~{, ~day of
2004,
Prothonotary
So Answers:
Real E~aate Deputy