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HomeMy WebLinkAbout02-1223FEDERMAN 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 CENDANT MORTGAGE CORPORATION F/K/A PHH US MORTGAGE CORPORATION 6000 ATRIUM WAY MT. LAUREL, NJ 08054 Plaintiff Vo ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ALETHIA R. MILLER MARY M. NICOLL JERRY L. MILLER SHELLY J. WETZEL 1188 NEWVILLE ROAD CARLISLE, PA. 17013 Defendant(s) 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 thc 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 arc 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 fights 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 #: 0004298725 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. Plainfiffis CENDANT MORTGAGE CORPORATION F/K/A PHI-I US MORTGAGE CORPORATION 6000 ATRIUM WAY MT. LAUREL, NJ 08054 The name(s) and last known address(es) of the Defendant(s) are: ALETHIA R. MILLER MARY M. NICOLL JERRY L. MILLER SHELLY J. WETZEL 1188 NEWVILLE ROAD CARLISLE, PA. 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 10/13/93 ALETHIA R. MILLER AND MARY M. NICOLL 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. 1171, Page 457. 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 8/1/01 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. The following amounts are due on the mortgage: Principal Balance Interest 7/1/01 through 1/1/02 (Per Diem $7.52) Attorney's Fees Cumulative Late Charges 10/13/93 to 1/1/02 Cost of Suit and Title Search Subtotal $38,675.06 1,391.20 1,225.00 84.93 550.00 $41,926.19 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $41,926.19 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 Plaintff 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 $41,926.19, together with interest fi:om 1/1/02 at the rate of $7.52 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. By: F~ FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL THAT CERTAIN lot of ground situate in North Middle,on Township, C%/mberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the southern side of the public road leading from Carlisle to Nswvills (Penn'a State Highway Route No. 641) which ~oint is also a corner of lot about ~o be conveyed unto Bruce H. McCoy and wife; thence in a southwardly direction along lot about to be conveyed unto McCoy, a distance of One Hundred Eighty Two (182) feet to a point in the northern line of an alley 16 feet in width; thence in a westwardly direction along the northern side of said alley a distance of ninety-five (95) feet to a point in =he eastern side of an alley 16 feet in width; thence in a northwardly direction along the eastern side of said last mentioned alley, a distance of One Hundred Eighty-two (182) feet to a point on the southern side of said public road; thence in an eastwardly direction along the southern side of said public road, a distance of ninety-five (95) feet to a poinC...the place of BEGINNING. BEING the western forty (40) feet of Lot No. 29 and all of Lot No. 30, on a certain plan of lots laid out-and adopted by Thomas A. Shearer, and known as "Wes~ministers Manor", said plan being reoorae~ in the Office of the Recorder of DeedS'An and for Cumberland County, Pennsylvania, in Plan Book 3, ~age 67. PP.~iISES ON: 1188 NEWVILLE ROAD VERIFICATION MARC J. HINKLE hereby states that he is V.P. of CENDANT MORTGAGE SERVICES mortgage servicing agent for Plainfiffin this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are tree 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. 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 CENDANT MORTGAGE CORPORATION F/K/A PHH US MORTGAGE CORPORATION 6000 ATRIUM WAY MT. LAUREL, NJ 08054 Plaintiff, ALETltIA R. MILLER MARY M. NICOLL JERRY L. MILLER SHELLY J. WETZEL : NO. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION 02-1223-CIVIL 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 ALETHIA R. MILLER, MARY M. NICOLL and JERRY L. MILLER, SHELLY J. WETZEL, Defendant(s) for failure to file an Answer to Plaintiff's 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 1/2/02 to 7/14/03 TOTAL $41,926.19 $4,203.68 $46,129.87 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plainti'ff DAMAGES ARE HEREBY ASSESSED AS INDICATED. FEDERMAN AND PHELAN, LLP 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 (715) 56'3-7000 CENDANT MORTGAGE CORPORATION F/K/A PHH US MORTGAGE CORPORATION Plaintiff VS. ALETHIA R. MILLER MARY M. NICOLL JERRY L. MILLER SHELLY 1. WETZEL Defendants ATTORNEY FOR PLAINTIFF : COLrRT OF COMMON PLEAS : CIVIL DMSION : CUMBERLAND COUNTY : NO. 02-1223-CIVIL TO: SHELLY J. WETZEL 966 ALEXANDER SPRING ROAD #B CARLISLE, PA 17013 DATE OF NOTICE: .IIN,Y 1,200'3 THIS FIRM IS A DEBT COLLECTOR ATFEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attomey 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 fmd 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 LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMA~ AND PHELAN, LLP 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 (715) 56%7000 CENDANT MORTGAGE CORPORATION F/FdA PHIl US MORTGAGE CORPORATION Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CML DMSION VS. : CUMBERLAND COUNTY ALETHIA IL MILLER MARY M. NICOLL JERRY L. MILLER SHELLY J. WETZEL Defendants TO: MARY M. NICOLL 1188 NEWVILLE ROAD CARLISLE, PA 17013 : NO. 02-1223-CIVIL %%, DATE OF NOTICE: ,H~LY !, 2003 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO PREVIOUSLY RECEIVED A DISCHARGE IN BANKRLrpTcY, THI~OaI~ESPONDENCE IS NOT AND IMPORTANT NOTICE ~,~H~ 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 fi.om the date of this notice, a Judgmem may be entered against you without a hearing and you may lose your property or other nnpOrtant 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 COLrNTY CLrMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDEILMAN, ESQU1RE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP 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 (715) 563-7000 CENDANT MORTGAGE CORPORATION F/K/A PI-IH US MORTGAGE CORPORATION Plaintiff Vs. ALETH1A 1L MILLER MARY M. NICOLL JERRY L. MILLER SHELLY J. WETZEL Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DMSION : CUMBERLAND COUNTY : NO. 02-1223-CML TO: ALETItIA R. MILLER 1188 NEWVILLE ROAD CARLISLE, PA 17013 DATE OF NOTICE: .H~I,Y !, 2003 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally ~ttomey and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act ~ (10) days fi'om the date of this notice, a Judgment may be entered against you without a hearing and you tray lose your p~afferty or other important fights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford o~l~ to or telephone the following office to find out where you can get legal help: ~ CUMBERLAND COUNTY CLrMBERLAND COLrN2~ BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRA rE Um_ , EsQ LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP 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 CENDANT MORTGAGE CORPORATION F/K/A PHI-I US MORTGAGE CORPORATION Plaintiff ALETHIA R. MILLER MARY M. NICOLL JERRY L. MILLER SHELLY J. WETZEL Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 02-1223-CIVIL TO: JERRY L MILLER 1188 NEWVILLE ROAD CARLISLE, PA 17013 DATE OF NOTICE: ,HIIN 1, 2003 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. I~IPORTANT 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 foril~ against you. Unless you act within ten (10) days from the date of ttfis notice, a Judgment may be entered against you without a hearing and you may lose your property or other unpOrtant 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 fred 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 LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff REGULAR SHERIFF'S RETURN - CASE NO: 2002-01223 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORP ET AL VS MILLER ALETHIA R ET AL RICHARD SMITH , Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE WETZEL SHELLY J DEFENDANT , at 1445:00 HOURS, at 966 ALEXANDER SPRING ROAD #B CARLISLE, PA 17013 SHELLY WETZEL a true. and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 20th day of March by handing to the 2002 MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 19.45 Sworn and Subscribed to before me this day of A.D. So Answers: R. Thomas Kline 03/21/2002 FEDERMAN & PHELAN By: ¥ Sheriff Prot honot ary SHERIFF'S RETURN - REGULAR CASE NO: 2002-01223 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORP ET AL VS MILLER ALETHIA R ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MILLER JERRY L the DEFENDANT , at 2010:00 HOURS, on the 15th day of March , 2002 at 1188 NEWVILLE ROAD CARLISLE, PA 17013 MARY MILLER a true and attested copy of COMPLAINT - by handing to MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit o00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers: R. Thomas Kl±ne 03/21/2002 FEDERMAN & PHELAN By: ~ ~ SHERIFF'S RETURN - REGULAR CASE NO: 2002-01223 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERL~uND CENDANT MORTGAGE CORP ET AL VS MILLER ALETHIA R ET AL DAVID MCKINNEY , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE NICOLL MARY M DEFENDANT , at 1188 NEWVILLE at 2010:00 HOURS, ROAD CARLISLE, PA 17013 MARY MILLER a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 15th day of March by handing to the 2002 - MORT FORE together with and at the same time directing Her 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 day of A.D. Prothonotary So Answers: R. Thomas Kline 03/21/2002 FEDERMAN & PHELAN ~ ~epuny Sheriff ~- SHERIFF'S RETURN - REGULAR CASE NO: 2002-01223 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORP ET AL VS MILLER ALETHIA R ET AL DAVID MCKINNEY , Cunlberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE MILLER ALETHIA R DEFENDANT , at 2010:00 HOURS, at 1188 NEWVILLE ROAD CARLISLE, PA 17013 MARY MILLER a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 15th day of March the together with by handing to 2002 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers: R. Thomas Kline 03/21/2002 FEDERMAN & PHELAN PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CENDANT MORTGAGE CORPORATION F/K/A PHH US MORTGAGE CORPORATION Plaintiff, ALETHIA R. MILLER MARY M. NICOLL JERRY L. MILLER SHELLY J. WETZEL : No. 02-1223-CIVIL Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest fro~ 7/14/03 to DECEMBER 10, 2003 (per diem.-$7.58) TOTAL $46,129.87 $1,129.42 and Costs $47,259.29 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. ALL THAT CIeRTAIN lot of ground situate ia North Middlcwn Township, Cumberland County, Pem~sylvania, bounded and described as follows: BEGINNgNG at a point ir~ die $0tlfflern s~e of the public road leading ffo~ CarlYle m N~ville (Pen~ Sla~ ~i~way Route No, ~1) whicl~ ~i~t iS al~ a corner of lot a~ut to bc conve~*~ u~W Bruce Mc~y ~ ~e; ~hc~e io a ~othw~ly di~ioa along lot abou~ to ~ ~ltvcy~ ua~o McCoy. d~rance of One Hu~ ~ '1~,o (182) fee~ ~ a po~t ~ ~e No. em line or~a a~y 16 fe~t w~th; then~ in a Weslwardly di~c0on ~long fl~e No.em ~idc of ~id ~ley a dist~ce of nines-five (95) fe~ to a ~int in t~e Fmslgrn s~ of an all~v J6 f~t in w~th; ~=~ in a Northwardly dir~tioa along ~a ~rn sid~ of ~aid ~ mcntm~ad alley, a di~n~ of O~ Hu~ted Ei~y-two (182) ~o a ~im ~ ~ ~ern ~de or.d public road; a~nce ~ a ~twardly dir~tiou along ~e side of ~ia public road, a dis~ce of nineS-five (95) f~r to a ~im ~a pla~ of begi~g. BEING ff,~ Western forty (40) feet of Lot No. 29 and all of Lot No. 30, ors a certain plan of lots lam oat and adopted by Thomas A. Shearer and lmo~,n as "We~tmioister$ Manor', said plan being recorded in the Office of the Rocord~r of Deeds in ar~ for Cumberlard County. Pennsylvania, in Plan Book 3. page 67, J[tTLE TO SAID PREMISF-~ IS V£STISD IN Jerry L. Miller. a single man and Shelly J. Wet7~l tenants in common by Deed t¥om Alerhia R. Miller, widow ~Jated 1/i7/96 and rocor,led 1!18/96. g~co~d Book 13,4, Page Tax Pamei//20-1790-014 CENDANT MORTGAGE CORPORATION F/K/A PHH US MORTGAGE CORPORATION Plaintiff, ALETHIA R. MILLER MARY M. NICOLL JERRY L. MILLER SHELLY J. WETZEL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CML DIVISION NO. 02-1223-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CENDANT MORTGAGE CORPORATION F/K/A PHH US MORTGAGE CORPORATION, Plaintiff in the above actibn, 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 ,1188 NEWVILLE ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ALETHIA R. MILLER, 966 ALEXANDER SPRING ROAD #B CARLISLE, PA 17013 MARY M. NICOLL 1188 NEWVILLE ROAD CARLISLE, PA 17013 JERRY L. MILLER, 1188 NEWV1LLE ROAD CARLISLE, PA 17013 SHELLYJ. W ETZEL 1188 NEWVILLE ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment 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: Nanle Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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. lqallle 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: Nallle Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 1188 NEWVILLE ROAD CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made snbject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. Jul'/14, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff CENDANT MORTGAGE CORPORATION F/K/A PHIl US MORTGAGE CORPORATION Plaintiff, ALETHIA R. MILLER MARY M. NICOLL JERRY L. MILLE, SHELLY J. WETZEL Defendant(s). CUMBERLAND COUNTY No. 02~1223-CIVIL July 14, 2003 TO: ALETHIA R. MILLER, 966 ALEXANDER SPRING ROAD #B CARLISLE, PA 17013 MARY M. NICOLL 1188 NEWVILLE ROAD CARLISLE, PA 17013 JERRY L. MILLER 1188 NEWVILLE ROAD CARLISLE, PA 17013 SHELLY J. WETZEL 1188 NEWVILLE ROAD CARLISLE, PA 17013 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIR34ED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINSTPROPERTY. ** Your house (real estate) at, 1188 NEWVILLE ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriff's Sale on DECEMBER 10, 2003 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $46~129.87 obtained by CENDANT MORTGAGE CORPORATION F/K/A PHH US MORTGAGE CORPORATION (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 Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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 ALL THAT CERTAIN lot of ground sin:ate in North Middleto~ Township, Cumberland Couray, Pera~sytvania, bounded and described as follows: BE(iINNINO at a point ill thc SOUthetn sid~ of the public road leading fi'ora Carlisle to Newville (Penll~q Sta~ Highway R~te No, ~1) wlfieh ~Mt iS M~ a ~or~ of 1ol a~ut to ~ conv~ unto Bruce H, McCoy ~ ~; th¢~e ioa ~uthw~ly dir~ion along lot about ~ ~ ~uvey~ unto McCoy, a distance of One Hu~ Ei~W Two (lgZ) {~et to a po~t M ~e No.em Iin~ of an ~lley I6 t~i in width; Ihen~ in a WestwaMly dire~tiou along ,~e No.ten side of ~M Mley a ~st~ce of along ~e ~rn side of sam ~ mentioned alley, a di~n~ of ~ Hund~d Ei~y-two (182) to a ~im ~ ~e ~n Mdc of ~id public load; ~e~ M a ~sgvardly dir~iou along Ule Sout~rn sMu of ~d public r~d, a disco of Mne~-five i95) f~{ to a poim ~ place of begi~Mg~ FIEING th~ Western forty' (40) f~ct of Lot No. 29 and all of' Lot No~ 30, on a cer[ain plan of ires laid out and adop~.d by Thomas A, Shearer and known as 'Westminister$ Ma~lor', said la]~ being recorded in the Office of the Recorder of Deeds in and t~o~: Cumberland County, Penosylv'ania. in Plan [:look 3, page 67. IITLE TO SAID P~EMISES IS VESTED IN Jcrr), l, Miller, a single man and Shelly J. Wetzel tenllnts in connnoa by Deed ti'om Alethla R. Mil~r. widow daled 1/17/96 and recorded 1/18/96. in RecoM Book 134, Page 11 Tax Parco.{ #20-1790-014 £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 CENDANT MORTGAGE CORPORATION F/K/A PItH US MORTGAGE CORPORATION 6000 ATRIUM WAY Plaintiff, V. ALETHIA R. MILLER MARY M. NICOLL JERRY L. MILLER SHELLY J. WETZEL De~ndam(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-1223-CIVIL 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 ALETHIA R. MILLER is over 18 years of age and resides at, 966 ALEXANDER SPRING ROAD #B, CARLISLE, PA 17013. (b) that defendan MARY M. NICOLL is over 18 years of age and resides at, 1188 NEWVILLE ROAD, CARLISLE, PA 17013 (e) that defendant JERRY L. MILLER, is over 18 years of age, and resides at, 1188 NEWVILLE ROAD, CARLISLE, PA 17013. (ct) that defendant SHELLY J. WETZEL is over 18 years of age, and resides at, 1188 NEWVILLE ROAD, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 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 ATTORNEY FOR PLAINTIFF CENDANT MORTGAGE CORPORATION F/K/A PHH US MORTGAGE CORPORATION Plaintiff, ALETHIA R. MILLER MARY M. NICOLL JERRY L. MILLER SHELLY J. WETZEL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 024223-CIVIL 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 unsworn falsification to author/ties. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-1223 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CENDANT MORTGAGE CORPORATION F/K/A PHH US MORTGAGE CORPORATION, Plaintiff (s) From ALETHIA R. MILLER, MARY M. NICOLL, JERRY L. MILLER AND SHELLY J. WETZEL (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also drrected to attach the property of the defendant(s) not levied upun 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 $46,129.87 L.L. $.50 Interest FROM 7/14/03 TO 12/10/03 (PER DIEM - $7.58) - $1,129.42 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $154.90 Other Costs Plaintiff Paid Date: JULY 15, 2003 (SeaD CURTIS R. LONG Prothonotary Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 PLAINTIFF DEFENDANT(S) SERVE CENDANT MORTGAGE CORPORATION F/K/A PItIt US MORTGAGE CORPORATION JERRY L. MILLER, JERRY L. MILLER, No. 02-1223-CIVIL ACCT. #0004298725 Type of Action - Notice of Sheriffs Sale PJT AT 1188 NEWVILLE ROAD CARLISLE, PA 17013 Sale Date: DECEMBER 10, 2003 Served and made known to ,200~ at ~-~2~, o'clock ~nx, at , Commonwealth of Pennsylvania, in the manner described below: SERVED ~i~]/~/r~ ,Defendant, onthe C;~I ~f~ day of Defendant personally served. ~Adult family member with who,m Defendant(s) reside(s). Relationship is rAdult in charge of Defendant(s) s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age ~ J/' Height~.~n Weight ]]~ Race ~ Sex ~_ Other I, /',1 ~/~]J/:~'q/q- AJJ~b,~,..~ ~..~. a competent adult, being duly sworn according: to law, depose and state that I per~'o-nall~ l~nded a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issuedlin the captioned case on the date and at the address indicated above. Sworn to and subscribed [ Notarial Soal I before me this, ,~,,~ _/?_dday [ I.lada J. Jt~lmt. Notav/Public I 1 of ,200 . . PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of ,200__, at __ o'clock __.n~, Defendant NOT FOUND because: Moved Unknown No Answer Vacant tst Attempt:. / / Time: : 2nd Attempt: / / Time! 3rd Attempt: / / Time: : Sworn to and subscribed before me this day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 AFFIDAVIT OF SERVICE CUMBERLAND C~UNTY PLAINTIFF AFFIDAVIT OF SERVICE CENDANT MORTGAGE CORPORATION F/K/A PItH US MORTGAGE CORPORATION DEFENDANT(S) MARY M. NICOLL SERVE MARY M. NICOLL AT 1188 NEWVILLE ROAD CARLISLE, PA 17013 CUMBERLAND COUNTY No. 02-1223-CIVIL ACCT. #0004298725 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 10, 2003 PJT SERVED Served and made known to /~/~/~ fO,.,,~.iCt~/( ,Defendant, onthe , 200~at ~, o'clock ~m, at ~t ~/~ dayof ~J~tJ/y , Connnonwealth of Pennsylvania, in the manner described below: ~,~Defendant personally served. Adult family member with whomDefendant(s) reside(s). Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. __ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age t~ ~g Height _~ ~.% t, Weight ] t ~'~ Race ~_ Sex ~ Other I,/Z),'~J/$;~ /~- ~;'e6/eJ ~..%~/~ , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued iin the captioned case on the date and at the address indicated above. Sworn to and subscribed I k~tatiat Seal' be fore/ne t.his ~'oat day [ I.II~a J. Jumpor, I~,~r/Pul:~:., [ t of I,?/.,, ,200~. I ~Scm. Gumt~m~ / ~-/ // PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the __ day of ,200__, at __ o'clock __.m., Defendant NOT FOUND bechuse: .... Moved __ Unknown__ No Answer 1~t Attempt: / / Time: : Vacant 2"a Attempt: / / Time: 3rd Attempt: / / Time: : Sworn to and subscribed before me this day of ~ 200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY AFFIDAVIT OF SERVICE PLAINTIFF CENDANT MORTGAGE cORPORATION F/KJA PIti US MORTGAGE CORPORATION DEFENDANT(S) ALETHIA R. MILLER SERVE ALETH]A R. MILLER, MARY M. NICOLL AT 966 ALEXANDER SPRING ROAD #B CARLISLE, PA 17013 CUMBERLAND cOUNTY PJT No. 02-1223-CIVIL ACCT.#0004298725 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 10, 2003 .. SEBVED Servedandrnadekn°wnt°~J'~y/~ /~, ]r~j,,,L(~ ,Defendant, onthe~_S-'~_dayof~},./ ,20Q~ at ~'],0 , o'clock ~.m., at ~' /~t~ ~tJ g~ ~'~ ~ ~ ~ e}'~ O~)' /fl' Co~onweal~ of Pe~sylva~a, in the ~er described below: ~Defen~nt personally se~ed ...... ~ Adult fa~ly member with who~ Defendant(s)reside(s). ~ r 'Adult in c~rge of Defendant(s) s residence who reused g ' ~ Mamger/Clerk of place of lodg~g in which Defend~t(s) reside(s). Agent or person in charge of Defen~nt(s)'s office or usual place of business. ~ an officer of said Defen~nt(s)'s co.any. Other: ~il]J~ ~. ~ ~' ~ ~o~t~t ~d~tt, ~i~ d~y ~wo~ a~o~d~ to ~w, a~pns~ ~a,~ t~ p~,o~Uy ~a.daa a ~e and co~ect copy of the Notice of Shedfff s Sa~ ~ the m~er as set fo~ herefft, issued in the captioned case on the date and at the address ~dicated above[ swo~o~d~,~riU~d t ~.~~ I. ~ / / of~, 200--' - [ ~ot~: ~i~ ~ ~/~ ~'~~~ P[ EASE ATTEMPT SERVICE AT LEA~'I ~ ~v~. NOT SERVED o'clock ~.m., Defendant NOT FOUND because: Ot~ the _ ' day of_ _, 200__, at _~ .... Moved __-- Unknown ___ No Answer 1s~ Attempt:_ / / Time: : . Vacant 2"a Attempt: / / Time: : 3rd Attempt: / / Time: : Sworn to and subscribed before me this _ day of _, 200 _. Notary: By: Attorney for Plaintif.f ~rank Federman, Esquire - I.D. No. 12248 Cendant Mortgage Corporation f/k/a PHH US Mortgage Cororation VS Alethia R. Miller, Mary M. Nicoll, Jen'y L. Miller and Shelly J. Wetzel In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-1223 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 Poundage 809.86 Surcharge 50.00 Law Library .50 Prothonotary 1.00 Levy 15.00 $ 906.36 paid by attorney 8/26/03 Sworn and subscribed to before me So Answers: This ,~,,~ day of ~ R. Thomas Kline, Sheriff Prothonotary Real Est~fe Deputy FEDERMAN AND PHELAN By: FRANK FEDERMAN IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 562-7000 ATTORNEY FOR PLAINTIFF CENDANT MORTGAGE CORPORATION FfK/A PHH US MORTGAGE CORPORATION Plaintiff VS. MARY M. NICOLL, JERRY L. MILLER, SHELLY J. WETZEL : CUMBERLAND County : : Court of Common Pleas : : CML DIVISION _. : NO. 02-1223-CIVIL _, ,_ ; Defendant(s) PRAE~IPE TO ~ATI,~F~ .IITDGMF~NT AND MARK CA~E DI~CONTINUF, D AND ENDED ~T~OIIT PR~.H~DICE TO THE PROTHONOTARY: Kindly satisfy the Judgment which was entered on 7/15/03 against ALETHIA R. MILLER, L MARY M. NICOLL and JERRY . MILLER, SHELLY J. WETZEL, Defendant(s), in the amount of $46,129.87 relative to the instant matter and mark this case discontinued and ended, without prejudice, upon payment of your costs only. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Dated: 9/2/2003