Loading...
HomeMy WebLinkAbout02-0466FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. F/K/A AMERICA'S WHOLESALE LENDER 7105 CORPORATE DRIVE PLANO, TX 75024-3632 V. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. OR " zl ?O?O CUMBERLAND COUNTY ANGELIQUE L. WILT GLENN P. WILT, JR 205 EAST CLEARVIEW DRIVE CAMP HILL, PA 17011 Defendant(s) CIVIL 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 #:6471521 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 COUNTRYWIDE HOME LOANS, INC. F/K/A AMERICA'S WHOLESALE LENDER 7105 CORPORATE DRIVE PLANO, TX 75024-3632 2. The name(s) and last known address(es) of the Defendant(s) are: ANGELIQUE L. WILT GLENN P. WILT, JR 205 EAST CLEARVIEW DRIVE CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 12/27/00 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1662, Page 719. 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 9/1/01 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. 6. The following amounts are due on the mortgage: Principal Balance $79,769.89 Interest 2,078.70 8/1/01 through 12/1/01 (Per Diem $16.90) Attorney's Fees 1,000.00 Cumulative Late Charges 110.39 12/27/00 to 12/1/01 Cost of Suit and Title Search 550.00 Subtotal $83,508.98 Escrow Credit 671.21 Deficit 0.00 Subtotal 671.21 TOTAL $82,837.77 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. 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 $82,837.77, together with interest from 12/1/01 at the rate of $16.90 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. RERMAN ..?. T F , By: FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL THAT CERTAIN piece or parcel of land, situate in the Township of Hampden County of Cumberland, State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Eastern line of Clearview Drive, which point is referenced 156 feet Southwardly from the Southeastern corner of Hampden Avenue and Clearview Drive; thence along the Southern line of Lot No. 90, North 51 degrees 26 minutes East, a distance of 110 out to a point on the Western line of Lot No. 10, Block "B", rte, _ i . _ _ __ br Mearvtew rarms; thence along the same and aiora Lot No. a, South 38 degrees 34 minutes East a distance of 70.83 feet to a point on the Northern line of lot No. 88, Block "Co, of Clearview Farms; thence along same South 55 degrees 41 minutes East, a distance of 110.79 feet to a point on the Eastern line of Clearview Drive; lhence along an arc curving to the left with a radius of 175 feet, a distance of 11 feet to a point of tangency; thence continuing along the Eastern fine of Clearview Drive, North 38 degrees 34 minutes West, a distance of 51.65 feet to a point, the Place of BEGINNING. BEING Lot No. 89, Block "C" of Plan of Clearview Farms, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 28, Page 32. HAVING THEREON ERECTED a stone and frame split-level dwelling house, 205 Clearview Drive, Camp Hill, Pennsylvania. BEING THE SAME PREMISES WHICH Martha Ritter Crum and Ross E. Crum, Jr., by Deed dated November 23, 1979 and recorded in The Office of The Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book T-28, Page 642, granted and conveyed unto Ross E. Crum, Jr. and Ross E. Crum, Sr. and Gladys Boothe Crum, his wife. The said Ross E. Crum, Jr. departed this life on May 6, 1993, thereby vesting title solely in the names of Ross E. Crum, Sr. and Gladys Boothe Crum, husband and wife, Grantors herein. SUBJECT to a 7.5 utility easement at rear of lot. PREMISES BEING ON 205 EAST CLEARVJEWI) DRIVE 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 true and correct to the best of his 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. DATE: ? ? `.1 v`1 d ? ,r O 73 O ?o ? ? A p 9 .? p 7 J nz cam.:, c SHERIFF'S RETURN - NOT FOUND CASE NO: 2002-00466 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS WILT ANGELIQUE L ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT WILT GLENN P JR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND as to the within named DEFENDANT WILT GLENN P JR 205 E CLEARVIEW DRIVE APPEARS TO BE VACANT. Sheriff's Costs: So answ r -? Docketing 6.00 Service 10.35 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 31.35 FEDERMAN & PHELAN 03/04/2002 Sworn and subscribed to before me this 13 1 day of Xuzu. ,Z A.D. tl-/ Pr lonotary SHERIFF'S RETURN - REGULAR CASE NO: 2002-00466 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS WILT ANGELIQUE L ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WILT ANGELIQUE L the DEFENDANT , at 2027:00 HOURS, on the 7th day of February , 2002 at 427 S ARCH STREET MECHANICSBURG, PA 17055 ANGELIQUE L WILT by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 So Answers: R. Thomas Kline 03/04/2002 FEDERMAN & PHELAN Sworn and Subscribed to before me this 13 &` day of Flit w.. a2 UV??L A. D. Prothonotary By: v u y herif FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. F/K/A AMERICA'S WHOLESALE LENDER 7105 CORPORATE DRIVE PLANO, TX 75024-3632 V. ANGELIQUE L. WILT GLENN P. WILT, JR 205 EAST CLEARVIEW DRIVE CAMP HILL, PA 17011 Plaintiff Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 09- qUU CUMBERLAND COUNTY CIVIL 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 attomey 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 We hereby certify the within to be a true and correct copy of the original filed of record FEDERMAN AND PHL._AN Loan #:6471521 CARLISLE, PA 17013 (717) 249-3166 I"RUE COPY FROM RECORD Tom; lmony whereof, I here unto set my hand u the seal 0i said Court at Carlisle. Pa. tai' day / Prothonotary 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. 1. Plaintiff is COUNTRYWIDE HOME LOANS, INC. F/K/A AMERICA'S WHOLESALE LENDER 7105 CORPORATE DRIVE PLANO, TX 75024-3632 2. The name(s) and last known address(es) of the Defendant(s) are: ANGELIQUE L. WILT GLENN P. WILT, JR 205 EAST CLEARVIEW DRIVE CAMP III LL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 12/27/00 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1662, Page 719. 4. 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 9/1/01 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. 6. The following amounts are due on the mortgage: Principal Balance $79,769.89 Interest 2,078.70 8/1/01 through 12/1/01 (Per Diem $16.90) Attorney's Fees 1,000.00 Cumulative Late Charges 110.39 12/27/00 to 12/1/01 Cost of Suit and Title Search 550.00 Subtotal $83,508.98 Escrow Credit 671.21 Deficit 0.00 Subtotal 671.21 TOTAL $82,837.77 7. 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. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. 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 $82,837.77, together with interest from 12/1/01 at the rate of $16.90 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. FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL THAT CERTAIN piece or parcel of land, situate in the Township of Hampden County of Cumberland, State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Eastern line of Clearview Drive, which point is referenced 158 feet Southwardly from the Southeastern corner of Hampden Avenue and Clearview Drive; thence along the Southern line of Lot No. 90, North 51 degrees 28 minutes East, a distance of I lNeut to a point on the Western line of Lot No. 10, Block "B", orr wervew "rarms; thence along the same snit along Lot k k South 38 degrees 34 minutes East a distance of 70.83 feet to a point on the Northern fine of lot No. 88, Block "C", of Clearview Farms; thence along same South 55 degrees 41 minutes East, a distance of 110.79 feet to a point on the Eastern line of Clearview Drive; thence along an arc curving to the left with a radius of 175 feet, a distance of 11 feet to a point of tangency; thence continuing along the Eastern lime of Clearview Drive, North 38 degrees 34 minutes West, a distance of 51.85 feet to a point, the Place of BEGINNING. BEING Lot No. 89, Block "C" of Plan of Clearview Farms, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 28, Page 32. HAVING THEREON ERECTED a stone and frame split-level dwelling house, 205 Clearview Drive, Camp Hill, Pennsylvania. BEING THE SAME PREMISES WHICH Martha Ritter Crum and Ross E. Crum, Jr., by Deed dated November 23, 1979 and recorded in The Office of The Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book T-28, Page 642, granted and conveyed unto Ross E. Crum, Jr. and Ross E. Crum, Sr. and Gladys Boothe Crum, his wife. The said Ross E. Crum, Jr. departed this life on May 6, 1993, thereby vesting title solely in the names of Ross E. Crum, Sr. and Gladys Boothe Crum, husband and wife, Grantors herein. SUBJECT to a 7.5 utility easement at rear of lot. PREMISES BEING ON 205 EAST CLEARVIEWj) DRIVE 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 true and correct to the best of his 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 unswom falsification to authorities. DATE: 1A /Vhr2 e?RM ZS, ?? ZI SZ Nq? ddlb3NS :?r?J..?0 a????U FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq. Atty. I.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. F/K/A AMERICA'S WHOLESALE LENDER VS. ANGELIQUE L. WILT GLENN P. WILT, JR. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 02-466 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. 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. MOTION FOR SERVICE PURSUANT TO SPF,CIAL ORDER OF COURT Plaintiff, by its counsel, Michele M. Bradford, Esquire, moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant(s) by Certified mail and regular mail to the Defendant's last known address and mortgaged premises located at 205 EAST CLEARVIEW DRIVE, CAMP HILL, PA 17011 and in support thereof avers the following: 1. Attempts to serve Defendant(s) with the Complaint have been unsuccessful, as indicated by the Sheriffs Return 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(s). An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". MXM, Svc Dept. H:/Main Forms/motions/county.comp 3. Internal records reviewed by Plaintiff and has not been contacted by defendant as of April 4, 2002 to bring loan current. 4. Plaintiff submits that it has made a good faith effort to locate the defendants, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint by certified mail and regular mail. N F; Michele M. Bradford, Esquire MXM, Svc Dept. H:/Main Forms/motions/county.comp SHERIFF'S RETURN - NOT FOUND CASE NO: 2002-00466 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS WILT ANGELIQUE L ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT WILT GLENN P JR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT WILT GLENN P JR 205 E CLEARVIEW DRIVE APPEARS TO Sheriff's Costs: So answers - Docketing 6.00 /i Service 10.35 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 31.35 FEDERMAN & PHELAN 03/04/2002 Sworn and subscribed to before me this A. D. day of Prothonotary IT DEFAULT EXPRESS SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 02-3468 Attorney Firm: Federman & Phelan Subject: Angelique L. Wilt Current Address: 205 E. Clearview Dr. Camp Hill, PA 17011 Property Address: 205 E. Clearview Dr. Camp Hill, PA 17011 Mailing Address: 205 E. Clearview Dr. Camp Hill, PA 17011 I Steven M. Ruffo, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Angelique L. Wilt - 161-62-9421 B. EMPLOYMENT SEARCH Angelique L. Wilt - unknown C. INQUIRY OF CREDITORS The creditors indicate that Angelique L. Wilt reside(s) at: 205 E. Clearview Dr. Camp Hill, PA 17011 II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Indicated that Angelique L. Wilt reside(s) at: 205 E. Clearview Dr. Camp Hill, PA 17011 - non published III. INQUIRY OF NEIGHBORS Don Gerhart 204 E. Clearview Dr. and he verified that Angelique L. Wilt reside(s) at: 205 E. Clearview Dr. Camp Hill, PA 17011 IV. INQUIRY OF POST OFFICE A. NATIONAL ADDRESS UPDATE Angelique L. Wilt - 205 E. Clearview Dr. Camp Hill, PA 17011 V. MOTOR VEHICLE REGISTRATION A. MOTOR VEHICLE & DMV OFFICE Per the Pennsylvania Department of Motor Vehicle Angelique L. Wilt reside(s) at: 205 E. Clearview Dr. Camp Hill, PA 17011 VI. OTHER INQUIRIES A. DEATH RECORDS As of Feb. 1, 2002 Vital Records has no death record on file for Angelique L. Wilt. B. PUBLIC LICENSES (PILOT, REAL ESTATE, ETC.) none EXHIBIT b C. COUNTY VOTER REGISTRATION The Cumberland Cnty Voter reg has a registration for Angelique L. Wilt residing at: 205 E. Clearview Dr. Camp Hill, PA 17011 VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Angelique L. Wilt - 3/13/73 B. A.K.A. none 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. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. Steven M. Ruffo AFFIANT Steven M. Ruffo Default Express Services, INC. President Sworn to and subscribed before me this _6-day of _Mar 2002 NOTARIAL SEAL Luz M. Arango, Notary Public Philadelphia, Philadelphia County My Commission Expires Oct. 30, 2004 DEFA UL T EXPRESS SER VICES, INC 43 WILSONDRIVE SICKLERVILLE, NJ 08081 PHONE: (856) 740-5027 DEFA ULTEXPRESWOMCAST. NET EYWIBI 1 FEDERMAN AND PHELAN ATTORNEY FOR PLAINTIFF BY: Michele M. Bradford, Esq. Atty. I.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. F/K/A AMERICA'S WHOLESALE LENDER COURT OF COMMON PLEAS CIVIL DIVISION vs. CUMBERLAND COUNTY ANGELIQUE L. WILT GLENN P. WILT, JR. NO. 02-466 Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may 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(s) 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 f;nnmkP vs PnIm, 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 Walk , 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 =lot vehicle records. As indicated by the attached Sheriffs Return of Service, attached hereto and marked as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant(s) has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests service of the Complaint by certified mail and regular mail. Respectfully submitted: -205 Michele . Bradford, Esquire H:/Main Forms/motions/county.comp Michele M. Bradford, 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 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 unswom falsification to authorities. Date: -April 4. 2002 - Michele OMZ Bradford, Esquire R/Main Forms/motions/county.comp l1 ?? CV 4 '?4 LL U Q V FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 15) 563-1()()Q. COUNTRYWIDE HOME F/K/A AMERICA'S LENDER LOANS, INC. WHOLESALE Plaintiff VS. ANGELIQUE L. WILT GLENN P. WILT, JR. Defendants Attorney for Plaintiff . CIVIL DIVISION . COURT OF COMMON PLEAS . Cumberland County No. 02-466 PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Date: April 4, 2002 MXM,SVC DEPT -n cZt? 2`, O n m 4 GG '? ? = riC7 D? iV om c cn FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq. Atty. I.D. 969849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 Q 15.) 561-7000 COUNTRYWIDE HOME LOANS, INC. F/K/A AMERICA'S WHOLESALE LENDER ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Vs. CUMBERLAND COUNTY ANGELIQUE L. WILT GLENN P. WILT, JR. NO. 02-466 I, Michele M. Bradford, Esquire, herby certify that a copy of the Motion for Service Pursuant to Special Order of Court has been sent to the individual(s) as indicated below by first class mail, postage prepaid, on the date listed below. GLENN P. WILT, JR. at: 205 EAST CLEARVIEW DRIVE CAMP HILL PA 17011 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date: April 4, 9002 Michele M. Bradford, Esquire Attorney for Plaintiff MW Svc Dept. R/Main Forms/motions/county.comp g N q 'V 9 - G S ? 47 4R o r- w FEDERMAN AND PHELAN, LLP 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 COUNTRYWIDE HOME LOANS, INC. F/K/A AMERICA'S WHOLESALE LENDER 7105 CORPORATE DRIVE PLANO, TX 75024-3632 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-466 ANGELIQUE L. WILT GLENN P. WILT, JR. Defendant(s). PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against ANGELIOUE L. WILT and GLENN P. WILT. JR., Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 12/02/02 to 5/21/02 TOTAL $82,837.77 $2,889.9 0 $85,727.67 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. RANK VFEMAN, ESQUII2E ttorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICAT D. DATE: g - -C)a PRO PROTHY C ? O N i ? fV { FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 561-7000 COUNTRYWIDE HOME F/K/A AMERICA'S LENDER LOANS, INC. WHOLESALE Plaintiff ANGELIQUE L. WILT GLENN P. WILT, JR. Defendant(s) vs. TO: ANGELIQUE L. WILT 427 SOUTH ARCH STREET MECHANICSBURG PA 17055 DATE OF NOTICE: MAY 10, 2002 Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 02-466 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 PURP E.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPT IS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO TTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIE T PROPERTY. 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 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 Y?? "lam Bl/? Frank Federman, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. F/K/A AMERICA'S WHOLESALE LENDER Plaintiff VS. ANGELIQUE L. WILT GLENN P. WILT, JR. Defendant TO: GLENN P. WILT, JR. 205 EAST CLEARVIEW DRIVE CAMP HILL PA 17011 DATE OF NOTICE: MAY 10. 2002 Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 02-466 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 PUR IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUP IS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIE ST PROPERTY. IMPORTANT NOTICE 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 FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq. Atty. I.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. F/K/A AMERICA'S WHOLESALE LENDER vs. ANGELIQUE L. WILT GLENN P. WILT, JR. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 02-466 APR 11 2002 J ORD R AND NOW, this r? day of 4L-1 2002, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court and the Affidavit of Reasonable Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Complaint on the above captioned Defendant(s) GLENN P. WILT, JR., by mailing a true and correct copy of the Complaint by certified mail and regular mail to the Defendant's last known address, and to the mortgaged premises located at 205 EAST CLEARVIEW DRIVE, CAMP HILL, PA 17011. 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 as to the mailing. BY THE COURT: mxm, Svc Dept. K/Main Forms/motions/county.comp FEDERMAN and PHELAN, LLP 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 COUNTRYWIDE HOME LOANS, INC. F/K/A AMERICA'S WHOLESALE LENDER 7105 CORPORATE DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. ANGELIQUE L. WILT GLENN P. WILT, JR. Defendant(s). CIVIL DIVISION NO. 02466 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the 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 ANGELIQUE L. WILT is over 18 years of age and resides at, 427 SOUTH ARCH STREET, MECHANICSBURG, PA 17055. (c) that defendant GLENN P. WILT, JR. is over 18 years of age, and resides at, 205 EAST CLEARVIEW DRIVE, CAMP HILL, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. FRANK E ERMAN, ESQUIRE Attorney for Plaintiff / (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COUNTRYWIDE HOME LOANS, INC. FWA AMERICA'S WHOLESALE LENDER 7105 CORPORATE DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. ANGELIQUE L. WILT GLENN P. WILT, JR. Defendant(s). CIVIL DIVISION NO. 02-466 Notice is given that a Judgment in the above-captioned matter has been entered against you on 6' 4 ' 200,E By: LIEPUTY, 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 CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." d 0 C C z C- Y C-- N3 IJ -< PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 COUNTRYWIDE HOME LOANS, INC. F/K/A AMERICA'S WHOLESALE LENDER Plaintiff, V. No. 02-466 ANGELIQUE L. WILT GLENN P. WILT, JR. Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $85,727.67 V Interest from 5/22/02 to 9/4/02 $1,493.54 and Costs (per diem -$14.09) TOTAL $87,221.21 RANK FED RMAN, 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. 4 o w U? a? a o w ? o? w z ?o o o w? 0 F A ? U O oG U ? W W ? ? z "" Od ? U w Em F a O( a+ az Cw"J W ?0. U 4 Wm w_ 00 ?w O? w? a U a w kn kn 0 n . 0 a? C7 ? ca U w? U? ?w x? F OW IT N d c? C-) c ? zr? n? C .. N CT Z N a FN' T LJ ('n -a: e al Description: ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN TOWNSHIP OF HAMPDEN, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT; BEGINNING AT A POINT ON THE EASTERN LINE OF CLEARVIEW DRIVE, WHICH POINT IS REFERENCED 156 FEET SOUTHWARDLY FROM THE SOUTHEASTERN CORNER OF HAMPDEN AVENUE AND CLEARVIEW DRIVE; THENCE ALONG THE SOUTHERN LINE OF LOT NO. 90, NORTH 51 DEGREES 26 MINUTES EAST, A DISTANCE OF 110 FEET TO A POINT ON THE WESTERN LINE OF LOT NO. 10, BLOCK B, OF CLEARVIEW FARMS; THENCE ALONG THE SAME AND ALONG LOT NO. 9, SOUTH 38 DEGREES 34 MINUTES EAST, A DISTANCE OF 70.83 FEET TO A POINT ON THE NORTHERN LINE OF LOT NO. 98, BLOCK C, OF CLEARVIEW FARMS; THENCE ALONG SAME SOUTH 55 DEGREES 41 MINUTES EAST, A DISTANCE OF 110.79 FEET TO A POINT ON THE EASTERN LINE OF CLEARVIEW DRIVE; THENCE ALONG AN ARC CURVING TO THE LEFT WITH A RADIUS OF 175 FEET, A DISTANCE OF 11 FEET TO A POINT OF TANGENCY; THENCE CONTINUING ALONG THE EASTERN LINE OF CLEARVIEW DRIVE, NORTH 38 DEGREES 34 MINUTES WEST, A DISTANCE OF 51.65 FEET TO A POINT, THE PLACE OF BEGINNING. BEING LOT NO. 89, BLOCK C OF PLAN OF CLEARVIEW FARMS, WHICH PLAN IS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN PLAN BOOK 28, PAGE 32. HAVING THEREON ERECTED A STONE AND FRAME SPLIT LEVEL DWELLING HOUSE, 205 CLEARVIEW DRIVE, CAMP HILL, PENNSYLVANIA. BEING THE SAME PREMISES WHICH ROSS E. CRUM, SR., AND GLADYS BOOTRE-CRUM, HUSBAND AND WIFE, BY DEED DATED 11/25/96 AND RECORDED 11/27/96 IN CUMBERLAND COUNTY RECORD BOOK 149, PAGE 871, GRANTED AND CONVEYED UNTO GELLN P. WILT, JR. AND ANGELIQUE L. WILT, HUSBAND AND WIFE, IN. FEE. Vested by Warranty Deed, dated 11/25/96, given by Ross E. Crum, Sr. and Gladys Boothe Crum, husband and wife to Glenn P. ,Wilt, Jr. and Angelique L. Wilt, husband and wife and recorded 11/27/96 in Book: 149 Page: 871 Tax Parcel ID #: 10-21-0277-214 Property Address: 205 E. Clearview Drive, Camp Hill, PA 17011 r _ ---t c7 c rte v v ? ? W? aN ca O c FEDERMAN and PHELAN, LLP 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 COUNTRYWIDE HOME LOANS, INC. F/K/A AMERICA'S WHOLESALE LENDER V. Plaintiff, ANGELIQUE L. WILT GLENN P. WILT, JR. Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-466 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () 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 FE ERMAN, ESQUIRE Attorney for Plaintiff ATTORNEY FOR PLAINTIFF 0 o n v C ? Na (7 ly l ?i N3 "ii COUNTRYWIDE HOME LOANS, INC. F/K/A AMERICA'S WHOLESALE LENDER Plaintiff, V. ANGELIQUE L. WILT GLENN P. WILT, JR. Defendant(s). CUMBERLAND COUNTY No. 02-466 May 15, 2002 TO: ANGELIQUE L. WILT 427 SOUTH ARCH STREET MECHANICSBURG, PA 17055 GLENN P. WILT, JR. 205 EAST CLEARVIEW DRIVE CAMP HILL, PA 17011 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. "• Your house (real estate) at, 205 EAST CLEARVIEW DRIVE, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on 9/4/02 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $85,727.67 obtained by COUNTRYWIDE HOME LOANS, INC. F/K/A AMERICA'S WHOLESALE LENDER (the mortgagee) against you. In the event the sale is continued, an announcement will be 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 SALE To prevent this Sheriffs Sale, you must take immediate action: I. 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. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY 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 Sheriff the 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 Sheriff gives 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 al Description: ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN TOWNSHIP OF HAMPDEN, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT; BEGINNING AT A POINT ON THE EASTERN LINE OF CLEARVIEW DRIVE, WHICH POINT IS REFERENCED 156 FEET SOUTHWARDLY FROM THE SOUTHEASTERN CORNER OF HAMPDEN AVENUE AND CLEARVIEW DRIVE; THENCE ALONG THE SOUTHERN LINE OF LOT NO. 90, NORTH 51 DEGREES 26 MINUTES EAST, A DISTANCE OF 110 FEET TO A POINT ON THE WESTERN LINE OF LOT NO. 10, BLOCK B, OF CLEARVIEW FARMS; THENCE ALONG THE SAME AND ALONG LOT NO. 9, SOUTH 38 DEGREES 34 MINUTES EAST, A DISTANCE OF 70.83 FEET TO A POINT ON THE NORTHERN LINE OF LOT NO. 88, BLOCK C, OF CLEARVIEW FARMS; THENCE ALONG SAME SOUTH 55 DEGREES 41 MINUTES EAST, A DISTANCE OF 110.79 FEET TO A POINT ON THE EASTERN LINE OF CLEARVIEW DRIVE; THENCE ALONG AN ARC CURVING TO THE LEFT WITH A RADIUS OF 175 FEET, A DISTANCE OF i I FEET TO A POINT OF TANGENCY; THENCE CONTINUING ALONG THE EASTERN LINE OF CLEARVIEW DRIVE, NORTH 38 DEGREES 34 MINUTES. WEST, A DISTANCE OF 51.65 FEET TO A POINT, THE PLACE OF BEGINNING. BEING LOT NO. 89, BLOCK C OF PLAN OF CLEARVIEW FARMS, WHICH PLAN IS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN PLAN BOOK 28, PAGE 32. HAVING THEREON ERECTED A STONE AND FRAME SPLIT LEVEL DWELLING HOUSE, 205 CLEARVIEW DRIVE, CAMP HILL, PENNSYLVANIA. BEING THE SAME PREMISES WHICH ROSS E. CRUM, SR., AND GLADYS BOOTIIE U UM, HUSBAND AND WIFE, BY DEED DATED 11125/96 AND RECORDED 11/27/96 IN CUMBERLAND COUNTY RECORD BOOK 149, PAGE 871, GRANTED AND CONVEYED UNTO GELLN P. WILT, JR. AND ANGELIQUE L. WILT, HUSBAND AND WIFE, IN FEE. Vested by Warranty Deed, dated 11/25/96, given by Ross E. Crum, Sr. and Gladys Boothe Crum, husband and wife to Glenn P. Wilt, Jr. and Augelique L. Wilt, husband and wife and recorded 11/27/96 in Book: 149 Page: 871 Tax Parcel ID #: 10-21-0277-214 Property Address: 205 E. Clearview Drive, Camp Hill, PA 17011 ? A M17 Z g z iv r in . • rr. -COUNTRYWIDE HOME LOANS, INC. F/K/A AMERICA'S WHOLESALE LENDER V. Plaintiff, ANGELIQUE L. WILT GLENN P. WILT, JR. Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02466 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) COUNTRYWIDE HOME LOANS, INC. F/K/A AMERICA'S WHOLESALE LENDER, 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,205 EAST CLEARVIEW DRIVE, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name ANGELIQUE L. WILT GLENN P. WILT, JR. Last Known Address (if address cannot be reasonably ascertained, please indicate) 427 SOUTH ARCH STREET MECHANICSBURG, PA 17055 205 EAST CLEARVIEW DRIVE CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) THE CHASE MANHATTAN BANK AS INDENTURE TRUSTEE C/O RESIDENTIAL FUNDING CORP 470 NORRISTOWN ROAD, STE. 200 BLUE BELL, PA 19422 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 205 EAST CLEARVIEW DRIVE CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 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 unworn falsification to authorities. MAY 21.2002 DATE R RMAN, ESQUIRE Attorney for Plaintiff m ? N 4r 4. ? ? t V c - A -G (T { WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-466 Civil CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC., F/K/A AMERICA'S WHOLESALE LENDER PLANTIFF(S) From ANGELIQUE L. WILT, 427 S. ARCH ST., MECHANICSBURG PA 17055 and GLENN P. WILT, JR., 205 E. CLEARVIEW DR., CAMP HILL PA 17011 (1) You are directed to levy upon the property of the defendant(s) and to sell REAL ESTATE LOCATED AT 205 E. CLEARVIEW DR., CAMP HILL PA 17011 (SEE ATTACHED LEGAL DESCRIPTION.) (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If 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 $85,727.67 L.L. $.50 Interest 5-/22/02 - 9/4/02 @ $14.09/diem) $1,493.54 Due Prothy $1.00 Atty's Comm % Other Costs Atty Paid $138.25 Plaintiff Paid Date: MAY 22, 2002 CURTIS R. LONG Prothonotary, Civil Division By. li µ.C REQUESTING PARTY: ? Name FRANK FEDERMAN, ESQ. Address: ONE PENN CENTER @ SUBURBAN SATION 1617 JFK BLVD., SUITE 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 AFFIDAVIT OF SERVICE I;LAINTIFF COUNTRYWIDE HOME LOANS, INC. F/K/A AMERICA'S WHOLESALE LENDER DEFENDANT(S) ANGELIQUE L. WILT GLENN P. WILT, JR. SERVE ANGELIQUE L. WILT AT 427 SOUTH ARCH STREET MECHANICSBURG, PA 17055 SERVED Served and made known to kCY-e ' at la, o'clocl3 .m., at of Pennsylvania, in the manner described below: No. ACCT. CUMBERLAND COUNTY KMD Type of ction - Notice Of Sheriffs Sale Sale Dat$: 9/4/02 on the q4 %_ day of L7?1 20008., C Commonwealth 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 GGf said Defendant(s)'s company. Other: M - C4';ZlV-Y1 da, 1? \n 1..1.,, i Y,?n, ,-e `n Description: Age ? 1 (bD Heigh Weight ? Race ? Sex 1 Other I, 0 • W1 AV I to - &r L? n(L a competent adult, being duly sworn according to law, d pose and state that I personally handed a true and correct copy of the Mice o Sheriff s Sale in the manner as set forth herein, issued ' the captioned case on the date and at the address indicated above. Sworn to and subscribed before a this I ) da of 20a)-l Notary: M /1 Notarial Seat tlsa M.Oreason, Notary Public Carlisle Boro, Cumberland County v.Cflmmission Expires Sep1.9, 2002 NOT SERVED 200, at o'clock _.m., Defendant Moved Unknown No Answer Vacant 1" Attempt: Time: 2nd Attu 3rd Attempt: Time: Sworn to and subscribed before me this day of 200 _. Notary: By: By: AT LEAST 3 TIMES. INDICATE DATES & a OF SERVICE ATTEMPTED. FOUND because: Time: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 Y G ro L M e - tea rn .ice -rs - -'r4 W (D c N -G Countrywide Home Loans, Inc., f/k/a America's Wholesale Lender VS Angelique L. Wilt & Glenn P. Wilt, Jr. In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-466 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Surcharge 30.00 Law Library .50 Prothonotary 1.00 Mileage 13.80 Levy 15.00 Advertising 15.00 Posting Handbills 15.00 Share of Bills 25.20 Poundage 1754.58 $1900.08 paid by attorney 07/22/02 Sworn and subscribed to before me This t day of 2002, A.D. ( .. d'lz Prothonotary So Answers: R. Thomas Kline, Sh fef? f? BY `','l li t, Real E`s to Deputy ? ? X12 ??''1 f? ? `'