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Home My WebLink About04-5316FEDERMAN 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 FEDERAL NATIONAL MORTGAGE ASSOCIATION 3415 VISION DRIVE COLUMBUS, OH 43219 V. Plaintiff GLENN PAUL WILT A/K/A GLENN P. WILT PATRICIA A. WILT 424 SOUTH FREDERICK STREET MECHANICSBURG, PA 17055 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO.04 -- S-3110 l ooi ?2w CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE 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, 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, 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 100856 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. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 100856 Plaintiff is FEDERAL NATIONAL MORTGAGE ASSOCIATION 3415 VISION DRIVE COLUMBUS, OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: GLENN PAUL WILT AWA GLENN P. WILT PATRICIA A. WILT 424 SOUTH FREDERICK STREET MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 07/28/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MARYLAND FINANCIAL RESOURCES, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1563, Page: 65. By Assignment of Mortgage recorded 10130/2000 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 658, Page 794. 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 07/01/2004 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. File #: 100856 6. The following amounts are due on the mortgage: Principal Balance $85,348.37 Interest 2,631.06 06/01/2004 through 10/19/2004 (Per Diem $18.66) Attorney's Fees 1,250.00 Cumulative Late Charges 262.39 07/28/1999 to 10/19/2004 Cost of Suit and Title Search 550.00 Subtotal $ 90,041.82 Escrow Credit 0.00 Deficit 308.82 Subtotal 308.82 TOTAL $ 90,350.64 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. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 90,350.64, together with interest from 10/19/2004 at the rate of $18.66 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. FEDER s,,IAn?atf lVg "l By: fs/F s alli FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 100956 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the First Ward of the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, and described in accordance with a survey by Ronald S. Raffensperger R.S., dated February 23, 1970, as follows: BEGINNING at a point on the west side of South Frederick Street, point is seventy-eight and eight tenths (78.8) feet North of East Marble Street; THENCE along lot now or formerly of Ray Kost, through the center of a partition wall and beyond South seventy-six (76) degrees forty-six (46) minutes West, two hundred twenty (220) feet to Eckert Alley; THENCE along the same North thirteen (13) degrees thirty (30) minutes West, twenty (20) feet to lands now of formerly of Minnie E. Fink; THENCE along the same North seventy-six (76) degrees forty six (46) minutes East, two hundred twenty (220) feet to the said South Frederick Street; THENCE along the same South thirteen (13) degrees thirty (30) minutes East twenty (20) feet to the Place of BEGINNING. HAVING THEREON ERECTED a two and one-half story semi-detached frame dwelling house known as No. 424 South Frederick Street. BEING NO. 424 SOUTH FREDRICK STREET File #: 100856 VERIFICATION JOE KOONCE hereby states that he is ASSISTANT SECRETARY of CHASE MANHATTAN MORTGAGE CORPORATION, mortgage servicing agent for Plaintiff in this matter, and 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. See. 4904 relating to unsworn falsification to authorities. 4?? JOE KOONCE ASSISTANT SECRETARY DATE: 1 U0%, r, c cun, PHELAN HALLINAN & SCHMIEG, LLP By Lawrence T. Phelan, Esquire, ID. No. 32227 Francis S. Hallinan Esquire, ID No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff FEDERAL NATIONAL MORTGAGE ASSOCIATION VS. Plaintiff GLENN PAUL WILT A/K/A GLENN P. WILT PATRICIA A. WILT Defendant(s) Court of Common Pleas CUMBERLAND County No. 04-5316-CIVIL TERM PRAECIPE TO SUBSTITUTE LEGAL DESCRIPTION TO THE PROTHONOTARY: Kindly substitute the attached legal description for the legal description originally filed with the complaint in the instant matter. 1t;'°S- - Date ?T Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Attorneys for Plaintiff ly LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the First Ward of the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, and described in accordance with a survey by Ronald S. Raffensperger R.S., dated February 23, 1970, as follows: BEGINNING at a point on the west side of South Frederick Street, point is seventy-eight and eight tenths (78.8) feet North of East Marble Street; THENCE along lot now or formerly of Ray Kost, through the center of a partition wail and beyond South seventy-six (76) degrees forty-six (46). minutes West, two hundred twenty (220) feet to Eckert Alley; THENCE along the same North thirteen (13) degrees thirty (30) minutes West, twenty (20) feet to lands now of formerly of Minnie E. Fink; THENCE along the same North seventy-six (76) degrees forty six (46) minutes East, two hundred twenty (220) feet to the said South Frederick Street; THENCE along the same South thirteen (13) degrees thirty (30) minutes East twenty (20) feet to the Place of BEGINNING. HAVING THEREON ERECTED a two and one-half story semi-detached frame dwelling house known as No. 424 South Frederick Street. BEING NO.' 424 SOUTH FREDERICK STREET ?, ?? ?4 >.? C> _n .. CASE NO: 2004-05316 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FEDERAL NATIONAL MORTGAGE ASSO VS WILT GLENN PAUL ET AL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE WILT GLENN PAUL AKA GLENN P WILT was served upon DEFENDANT the , at 1827:00 HOURS, on the 26th day of October , 2004 at 424 SOUTH FREDERICK STREET MECHANICSBURG, PA 17055 GLENN WILT by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.36 Affidavit .00 Surcharge 10.00 .00 38.36 Sworn and Subscribed to before me this day of CIA, A.D. 6 CZ othonotary ' So Answers: R. Thomas Kline 10/27/2004 FEDERMAN & PHE By: Deputy Sheriff CASE N0: 2004-05316 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FEDERAL NATIONAL MORTGAGE ASSO VS WILT GLENN PAUL ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WILT PATRICIA A the DEFENDANT , at 1827:00 HOURS, on the 26th day of October , 2004 at 424 SOUTH FREDERICK STREET MECHANICSBURG, PA 17055 GLENN WILT, HUSBAND by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 5t5 day of A. D. P othonotary So Answers: R. Thomas Kline 10/27/2004 FEDERMAN & PHEIAkN By. ' Deputy Sheriff PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF FEDERAL NATIONAL MORTGAGE ASSOCIATION : Court of Common Pleas : I Civil Division Plaintiff vs GLENN PAUL WILT AMA GLENN P. WILT PATRICIA A. WILT Defendant CUMBERLAND County No. 04-5316 PHS# 100856 PRAECIPE TO THE PROTHONOTARY: X Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Date: October 23, 2008 Francis S. allinan Attorney for Plaintiff i C3 C - , t r: C-) CZ) PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF FEDERAL NATIONAL Court of Common Pleas MORTGAGE ASSOCIATION Plaintiff Civil Division vs CUMBERLANDCounty PAUL GLENN WILT No. 04-5316 PATRICIA WILT PHS# 100856 Defendant PRAECIPE TO THE PROTHONOTARY: Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. X Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: October 29, 2008 Francis Hallinan Attorney for Plaintiff :. -r