HomeMy WebLinkAbout02-1271WASHINGTON MUTUAL HOME LOANS, INC.
SUCCESSOR IN INTEREST BY MERGER TO FLEET
MORTGAGE CORP.
Plaintiff
VS.
WALTER E. COVERT A/K/A
WALTER COVERT
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT
A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU
WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT.
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 the 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
claim in the Complaint of 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 LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE
CARLISLE, PA 17013
717-249-3166
AVISO
LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS
PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE
SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO,
REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION
CONTRA LAS QUEJAS EN ESTA DEMANDA.
RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU
PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y
REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA
DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE.
SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA
DE ABOGADOS), (215) 238-6300.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE
CARLISLE, PA 17013
717-249-3166
WASHINGTON MUTUAL HOME LOANS, INC
SUCCESSOR IN INTEREST BY MERGER TO
FLEET MORTGAGE CORP.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VS. ACTION OF MORTGAGE FORECLOSURE
WALTER E. COVERT A/K/A eZ ?a ?? V
WALTER COVERT,
Defendant
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff is WASHINGTON MUTUAL HOME LOANS, INC. SUCCESSOR IN INTEREST BY
MERGER TO FLEET MORTGAGE CORP., a corporation whose address is P.O. BOX 1169, DEPT.
2665 MILWAUKEE, WISCONSIN 53201.
2. Defendant, WALTER E. COVERT A/K/A WALTER COVERT, is an adult individual whose last
known address is 20 EAST JACKSON STREET, YORK, PENNSYLVANIA 17403.
3. On or about, September 17, 1998, the said Defendant executed and delivered a Mortgage Note in the
sum of $93,070.00 payable to MORTGAGE INVESTORS CORPORATION, which Note is attached
hereto and marked Exhibit "A".
4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to
secure payment of the same, Defendant made, executed, and delivered to original Mortgagee, a certain
real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and
Commonwealth in Mortgage Book 1484, Page 858 conveying to original Mortgagee the subject
premises. The Mortgage was further assigned to Fleet Mortgage Corp. and was recorded in the
aforesaid County in Mortgage Book 592, Page 914. Washington Mutual Home Loans, Inc. is successor
in interest by merger to Fleet Mortgage Corp. Said Mortgage and Assignment are incorporated herein.
5. The land subject to the Mortgage is: 807 FAIRVIEW ROAD, CARLISLE, PENNSYLVANIA 17013
and is more particularly described in Exhibit "B" attached hereto.
6. The said Defendant is the real owner of the property.
7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on
October 01, 2001 and all subsequent installments thereon, and the following amounts are due on the
Mortgage:
UNPAID PRINCIPAL BALANCE
Interest at $15.99 per day
From 09/01/2001 To 04/01/2002
(based on contract rate of 6.5000%)
Late Charges $24.25
From 10/01/2001 to 04/01/2002
Escrow Balance (Credit)
Attorney's Fee at 5% of Principal Balance
TOTAL
$89,775.64
$3,389.88
$145.50
($28.64)
$4,488.78
$97,771.16
"Together with interest at the per diem rate noted above after April 01, 2002 and other charges and
costs to date of Sheriff's Sale.
The attorney's fees set forth above are in conformity with the Mortgage documents and
Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the
Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually
incurred by Plaintiff.
8. No judgment has been entered upon said Mortgage in any jurisdiction.
9. Notice of Intention to foreclosure and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of
1974 is not required in that the original principal balance exceeds $50,000.00.
10. Defendant is not member of the Armed Forces of the United States of America, nor engaged in any way
which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended.
11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners'
Emergency Mortgage Assistance Payments Program) and Defendant has either failed to meet the time
limitations as set forth therein or has been determined by the Pennsylvania Housing Finance Agency not
to qualify for assistance.
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned
total amount due together with interest at the rate of 6.5000% ($15.99 per diem), together with other charges
and costs including escrow advances incidental thereto to the date of Sheriff's a and for foreclosure and sale
of the property within described.
By:
PURCELL, KRUG & H LER
Leon P. Haller, Esquire
Attorney for Plaintiff
I.D. # 15700
1719 N. Front Street
Harrisburg, PA 17102
(717-234-4178)
WASHINGTON MUTUAL HOME LOANS, INC.
SUCCESSOR IN INTEREST BY MERGER TO
FLEET MORTGAGE CORP.,
Plaintiff
VS.
WALTER E. COVERT A/K/A
WALTER COVERT,
Defendant
CIVIL ACTION LAW
ACTION OF MORTGAGE FORECLOSURE
THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT
COLLECTION PRACTICES ACT, 15 U.S.C. 1601
The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any
information obtained will be used for that purpose. The amount of the debt is stated in this
Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty
(30) days after your receipt of this notice disputes the validity of the aforesaid debt or any
portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is
valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day
period that the aforesaid debt, or any portion thereof , is disputed, the undersigned attorney shall
obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon
written request by Debtor to the undersigned attorney within said thirty (30) day period, the
undersigned attorney will provide debtor with the name and address of the original creditor if
different from the current creditor.
PURCELL, KRUG & HALLER
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
Attorney I.D.# 15700
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
F=70238.tit (1696x2800x2 titt) L91
_,: =
"oan # ; 058281 OAN A PROVALL OF
AFFAIRS OR ITS
UUyfagqcs-?
Case # 527981e2C
NOTE
NOT ASSUMABLE WITHOUT THE
THE DEPARTMENT OF VETERANS
AUTHORIZED AGENT.
Septe tlbee? 17, 1998
Carlisle PA
10tyl (soft)
807 Fairview Road, Carlisle, PA 17013
I. BORROWER'S PROMISE TO PAY 1PMJPM gmu)
In rattan for a loan that f have received, I promise to pay U.S. S
"Pdacipall- plus ioteteat, to the order of the render. Tho Candor is Mort 93,070.00 (this amount is called
f undentaad gage Investors Corporation
that the lender may ftnsfer'Ws Nom The reader m anyone who tslw cola Note by tnnsFer and who is entitled
to receive payraema under Note e caged ad the Note Holder."
2. XWEREST
Interest 6 5? 0O %. on unpaid Imoetpal until the foil a
rateof Count Of principal has been paid. I will pay httcrat at a yearly
6(B)Ilan Interco rate required by this Section 2 fs the rate T
of this Note *W Par both befosa and after any default de:=-bad in
Section
3. PAYME S
(A) Tinto mind Ph" of psy nose
f w11t pay Pdncipd and interest by making Payments every moaut.
I will tmke'ay monthly Payments on dw 1st day of each mondt beginuiaa oat Noveaaber 1
beow titeae payments everndyamoarh until !have paid all of the
1 will makel
I illtxd that I PdDc*W and in119 and an ' 1998 .
October 1 2028 mayowett this Note. My monthly pnY tantta will be y other °haq
, I stiff owe amounts under this Kate, applied to iaamtmunta is is in p?ypal. If, on
which is called the "Mattuity Date.' I will pay than atnou full an that date,
33707 ?mcA?yPaynaamal 6090 Central Avenue St, Petersburg, SL
(B) Amount otMoaa ft Paymeaw nr m a dUrCMt place if requhM by tlteNote molder.
My monthly 1MYmcat will be fa the amount of U.S. $ 586.27
L BORROWER•sRrGTTormAy
d hoot thereof
credit
la" duat the ed on the date m?ln7ent' Or SI is 19115. Any this Note or the any
mod, and no intmm May be Y P'ePaYmmt is fttII of rho dept ahaU he
than an larta haent due date need not be modkod mail theCam folloarhtg inatWimeot due daPa"Ymm te ?o On any day other
mid P1eMyt+?. whlchever is rattfiiQ• or 30 ri after the date of the
l`41 MTATSFDtaa RATE NOT[-rft%?'-Ily. V-0-r, In9n mM
asaaagr Salt)
. fPareJyfJyaryl Naaa4a enatn,trq?
t'sCaaataaat-nm
EW 161-1 11 ??'l
F=70238.tit (1696x2800x2 titt) L101
S. LOAN CHARGES
If a lsw, whims applies to thin loan and which sets
ether loan charges collected to o collected maxuntou toad Charges, is'll"RY interPracollected in coaneefon with this loan exceed the Potmttted lin'M that
collchargeected snail from be
me wreducedhich by the a exeeaded mrootmt oft-Min
of y
permitted ecew limits tery Wllrebedd rttc. thueed to char mIIee. [o the Denttiued limit: and ii
by reducing the Principal I one under at Not. Holder may choose to any sums already
rcdmdon will be treated as a partial this Note or by tmicing a direct paY+n-'at to M. If a refu ape this refund
Prepayment nd reduces PrinciPa,, the
6. BORROWER'S FAILURE TO PAY AS REQUIRh11
(A
) Late Charge for Overdue Payments
If the Note
of' s after the date Holder
due I not re ceived the full amount Of 84Y moatlIIY payment the and of I ill y
my overdue payment. I Will payay this a lalate te charge charge to the \ooa Holder. The amount of the charge will be calendar*
(B) Delimit apromptly but only once on each late payment. 6.000 gM
If I do not pay the lbl amount of each monthly paytoont on tin data h is due I w81 be in default.
(C) Notice ofDefnWt
'r' &m'Q default- the Note
ccruti w I oweeHolder Hoider may tend me a written aWY l
omotmt tf I do not Pay the Overdue amount by a
the 'ater'st that Y require me to the mated to me acct thatmaamount. lo
date must be at Ieast 30 days after the datenou whwhich has not ich the notice ids delc1vered and
oall
(D) NoWWvWByNote $oWe,
r
Even if, at a thne when I am in default, the Note Holder dots not require rte to pay lmmediatc! in above, the Note Holder will still have the right to do so if I am in default at a later time.
W) Pgment of Note Holdees Y full as deaenbrd
If the Noce Holder has Costs and Expenses me to be paid back by me for all off its costs and Y
"pnses iturnediatelY
enforcing fug as described
to I above the note Holder will have me
Thou expcusee include, for example. reasonable attomoy: this Note to the extent not prohibited by aPPlkable latw.
T• GIVING OF NOTICES
Unless erg n mailing n by first clan maG tome at the notice that must be given to me under this Vote will be &nn by
de8veriHolder a notice of my different address, Property Address above or at a different address if 1 give tae Note
Any notice that must be given to the Note Holder under this Note will be given by mailing it by first mass mail
Nola Holder at the address stated in Section 3(A) above or e a different athftsa if I am
address, to the
given a notice of that different
8. OBLfGAT'IONS OF PERSONS UNDER TAMS NOTE
this pf mom then one person signs this Note, each paean 15 &My and ote,
3s also obli galn al he Promise to PRY the full amount o Any p?n?ss ao gu?or keep w of the promises tide to
uuoty or aaated t do thew Not gx. Any person who takes over ibeae ob ' y or eadeaser of this Nobe
e? guarantor
ha rigtua under thin i Note against enea person imtretv&?y all ofd all of m a e to 06 N? Ththe e Note Homer a
requited to pay amounts owed tinder this Not.. or
enforc
gether. Thin, mane that any one of m may be
9. WAIVERS
I and any Other Pawn who has ON
the *ht to bban?? the Note o to require the
fatuous under this Note Holder to edamad Waive payment o amount. due. -N and mine of dishonor. otjOc to give notice to other Pm=uthat amounts dun)?? oftt?0n0J+moans been p&4
Mennen astir ..
f+'w2?.1p,tMq
r.erect'prarPWtOeinneitata?i.°.°ic pR
F=70238.tit (1696x2800x2 titt) L111
a3,b?a
10. REFERRED RIDER, ADDENDUM. ATTACH M-4T OR OTHER NIOD1FICATION
REFERRED TO AS ALLONGE) TO TIOIS NOT][ If an allonge providing for paym1erur ad' ( NAFTBR
wilt this Note the covenants of the all Jestmenta or for any other supplemental inf
Note as if the Wlange werea part of this
N ? IChcck e?mted into and 1W amend and supplement is
mcpt We?cobveo a?tso
applicable box.)
Graduated Payment Allungc
13 Other [alter]
? Outer [VOeifyj
IL UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some Mittlkuom, In addition to the
Note- tmxeYHtcWer under ties Note. ldcrfions 1> le losses Which Deed (the 'Seaaity Instrument'), du ins am to the
l=S the Nots
That ty Ttutrttmcat de,wiya how and on
might result if I do not keep the same data as der full of all amounts 1 owe under this Now S what conditions I may be ? prO°"? "nadi I make in this
Transfer of the o= of those oaatditioea are described as fopowst to make humtediatc payment is MAY property securing such loan to any traWerx amigo t}1C ared immediately due and payable upon transfer of the
Pursuant to Section 3714 of f3tapter 37D rule 38, Ueitod States Code. of the assumption of the 1
If Leader exercises this oar is esablis> ed
Period of not lass than 30 dam Leader slunk give awrower notice of aceekration. The aotice shalt pro vide a
sums +xumW by this Security 8'bm the date the notice is delivered or mailed within which Borrow
Leader ru re invoke any Inssm rnsaL If Borrower fails to pay those sums prior Borrower must pay all
Borrowe
Lender r. P tramtal by this Smanity tastruatant wititmutto ? ?potice of em p on
. fttrtlxr notice or demand d on
BoMo w has sweated and acknowledges mocipt Of paw I through 3 of this Note.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDpASIGNED.
l o iw
Wa eer E. Covert fS..J
rowv )
(Seat)
f?0
/Sfpr Orlgbw Ontyl
Paylotheorderof
WWW Reooutee
Fleet fttpepe Cap.
LW"
rarrta S wuti
(Pere 3vrs
WMrI ner,rac r?wgwsurgra ?•wtrn °„
Walter Reoouree Pay To The oraw bf
Fmc70238.tit (1696x2800x2 tiff) (191
EXHIBIT "A,"
wrtll+? rAPOn?ro?„
VICE CON
.248 Drv, TINUA gY 77M NOS, 9 NA 4, ON SRN BLDG oAf (VIEW ROAD, Al .. 7N7ERS
RMWU OF 16434 j.j $j, AN ARC LINg Ofi.PAIRVMW ROAD oN AlLtW?SMU MENTIONED PLAN OPF 7H8 SA?9p
o 3 LINE ?0 baoxi 4150.01 FEMTTO OF 16 .
LiT q ppMl ONTM LIST F LpO t CURVWG TO WL _
ANDLNAVM A T19H; I'C' 1'nYNUrNaBYs
OP LOTNO.7N R
.3MNLA,CE50 OR C5iM Evr7 J;IMT SETo ? CONDS POINNTOONTfM ALONG TIM LINZ ON r _ N0.3-THWC,Bja9
R 77M
VNEOF Xsco,WE = PREMr90Eij BEMO LOT morwIN°. SST 146.41 FEET TO A PIO NO.;17 8 AypNO FA'JtVMW
PE
60 AN NN yLy N 'rlre oPPltal T4i$ REC LLN oc ORBOOS IN AND POR CPUMB ° ANDUCOC vBLp _ ,'... T asY:'. ?RN
?'ROVCD W WN AND N11Mtis .C _ _
State of Pennsylvania
(.1 :r;cti 0; Cumberland1 86
cadlsle, PA this
Acoxl4841m X64
HH-181*7 u ?s7
VERIFICATION
I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the
foregoing COMPLAINT for the Mortgage Foreclosure are true and correct to the best of
my knowledge, information, and belief based upon information provided by Plaintiff
WASHINGTON MUTUAL HOME LOANS, INC. SUCCESSOR IN INTEREST
BY MERGER TO FLEET MORTGAGE CORP. Said facts contained herein are
made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification
to authorities.
Date: March 13, 2002
4'?
Leon P. Haller, Esquire
n
?
C/ v
( j ? C1
} 7
I W
,L
-C
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2002-01271 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
WASHINGTON MUTUAL HOME LOANS
VS
COVERT WALTER E AKA WALTER
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
COVERT WALTER E AKA WALTER COVERT but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
NOT FOUND , as to
the within named DEFENDANT , COVERT WALTER E AKA WALTER
COVERT
807 FAIRVIEW ROAD CARLISLE IS VACANT.
WALTER COVERT DECEASED AS OF SEPT 2001.
Sheriff's Costs: So answers
Docketing 18.00
Service 3.45
Not Found 5.00 R. Thomas Kline
Surcharge 10.00 Sheriff of Cumberland County
nn
36.45 PURCELL KRUG HALLER
04/10/2002
Sworn and subscribed to before me
this /a 1?- day of
.2 Un.2., A.D/.?
Pr t onotary
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2002-01271 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WASHINGTON MUTUAL HOME LOANS
VS
COVERT WALTER E AKA WALTER COV
R. Thomas Kline
Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
COVERT WALTER E AKA WALTER COVERT
but was unable to locate Him
deputized the sheriff of YORK
in his bailiwick. He therefore
serve the within COMPLAINT - MORT FORE
County, Pennsylvania, to
On April 10th , 2002 , this office was in receipt of the
attached return from YORK
Sheriff's Costs:
Docketing 6.00
Out of County 9.00
Surcharge 10.00
Dep York County 16.73
nn
So answers:
R. Thomas Kline
Sheriff of Cumberland County
'1 . '5
04/10/2002
PURCELL KRUG HALLER
Sworn and subscribed to before me
this /a,? day of L%n?t0
aav ?- A. D.
A4 n
,F I Prothonotary' '
.: - •,?s.?rra?exrnessacvatic•/.n.oz vesmeu ??/ 2/?
COUNTY OF YORK
OFFICE OF THE SHERIFF
28 EAST MARKET ST., YORK, PA 17401
SHERIFF SERVICE
PROCESS RECEIPT and AFFIDAVIT OF RETURN
1. PLAINTIFF/S/ 2. COURT Nl
M
VL-16/1 O1V11
4. TYPE OF WRIT OR COMPLAINT
3. DEFENDAN / Notice & Complaint in
Walter E. Covert a/k/a Walter Covert Mortgage Foreclosure
SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD.
Walter E. Covert a/k/a Walter Covert
6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY, BORO, TWP., STATE AND ZIP CODE)
AT 20 East Jackson Street, York, PA 17403
7. INDICATE SERVICE: ? PERSONAL ? PERSON IN CHARGE CKDEPUTIZE ? C T. IL 1 ST CLASS MAIL ? POSTED ? OTHER
NOW March 15 20 I, SHERIFF OF COUNTY, PA??}o hereby depu iz the sheriff of -uz York COUNTY to execute
mak tur rding
to law. This deputization being made at the request and risk of the plaintiff.
SHERIFF OF OUNTY
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Curnberland
OUT OF COUNTY
CUMBERLAND
ADVANCED FEE PAID BY ATTY.
NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under within writ may leave same
without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff
herein for any loss, destruction, or removal of any property before sheriffs sale thereof,
9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED
T ___ n ri_11 ___ 1 ?1 n ,.,_._,l_ r.T____- ni rt______ _l_.? 1 -11 nn 1" nni 11 -i 3-15-02
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed-if notice is to be mailed).
Kare?)JnB?laLr?VinCO. S1k f{ F orth Front St. , Harrisburg, PA 17102
„i .
13. I acknowledge receipt of the writ 1 1 14. DATE RECEIVED 15. Expiration/Hearing Date
or complaint as indicated above. Re AHRENS 3-18-02 4-14-02
16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW
17. ? 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.)
18. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20. Time of Service
21. ATTEMPTS ?a(e ? m Mites Int. Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. Date Time Miles Int.
D-e c.enoed
MC 9/OI
SERVICE CALL
(717) 771-9601
j"S' 7,
i-ek
23. Advance costs 24. Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary 31. Surchg. 32. Tot. Costs 33. Costs Due Refund ec k No.
75.00 9.00 5.00 .73 14.73 2.00 16.73 58.27 1!i
34. Foreign County Costs 35. Advance Costs 36. Service Costs 37. Notary Cert. 38. Mileage/Postage/Not Found 39. Total Costs 40. Costs Due or Refund
*hi
4rrrH So ANSWERS
41. AFFIRMED e
•p
qq
}y
.??
,L S
FAL Signature of 45. DATE
42. day of ?p
•y
7
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H
'
A$ P. Sheriff
Ar
rt
QZ of York, Yor" Cou t) TAY Signature of York 47. DATE
Gomm County Sheriff
WILLIAM Me HOSE 51
4/4/02
48. Signature of Foreign 49. DATE
County Sheriff
50.IACK VVLtUtit KtGtlPl0t IKh5HEKIFhYtft IUKNSIkiNAIUKt 01. UA I t KLkLIVtU
OF A HORIZED ISSUING AUTHORITY AND TITLE
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WASHINGTON MUTUAL HOME LOANS,
INC. SUCCESSOR IN INTEREST BY
MERGER TO FLEET MORTGAGE CORP
PLAINTIFF
VS.
WALTER E. COVERT A/K/A WALTER
COVERT
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-1271 CIVIL TERM
IN MORTGAGE FORECLOSURE
MOTION FOR SERVICE OF PROCESS
IN REAL PROPERTY ACTION
IN ACCORDANCE WITH RULES 410 & 430
OF PENNSYLVANIA RULES OF CIVIL PROCEDURE
Plaintiff, Washington Mutual Home Loans, Inc. Successor in Interest
by Merger to Fleet Mortgage Corp., through its counsel, Leon P. Haller,
Esquire, hereby respectfully submits:
1. Plaintiff has brought a mortgage foreclosure action whereupon it
seeks to foreclose against certain property owned by the Defendant located at
807 Fairview Road, Carlisle, Pennsylvania 17013.
2. Defendant, Walter E. Covert a/k/a Walter Covert, died September
8, 2001. No known estate has been opened. Any heirs or assigns of Defendant,
Walter E. Covert a/k/a Walter Covert, are unknown. The Cumberland County
Sheriff's Office has reported the property vacant, a copy of the Sheriff's
Return attached hereto and made a part hereof as Exhibit "A
3. The Death Certificate lists an informant, Michael Covert, with a
listed address of 1335 Wood Brook Lane, South Lake, Texas 76092.
4. Plaintiff believes that the above individual may have an
interest in decedent's Estate.
5. Plaintiff requests an Order directing service upon the unknown
Heirs and Assigns of Defendant, Walter E. Covert a/k/a Walter Covert, by
posting a copy of the original Complaint on the most public part of the
property, by mailing a copy of the Complaint to the property address and by
publication pursuant to Rule 430(b)(2), said Rule allowing for service upon
unknown heirs by publication and by forwarding a copy of the Complaint by
certified mail and ordinary mail (service to be completed upon mailing) to
Michael Covert at 1335 Wood Brook Lane, South Lake, Texas 76092.
6. Plaintiff avers that the method of service sought here is the
most likely method to achieve the notice requirements of due process, while
at the same time permitting the Plaintiff to proceed with its in rem action.
WHEREFORE, Plaintiff requests that your Honorable Court direct
service as above requested.
Dated: May 24, 2002
PURCELL, G s LLER
B
Leon P. Haller
PURCELL, KRUG & 14ALLER
1719 North Front Street
Harrisburg, Pa. 17102
(717) 234-4178
Attorney for Plaintiff
WASHINGTON MUTUAL HOME LOANS,
INC. SUCCESSOR IN INTEREST BY
MERGER TO FLEET MORTGAGE CORP
VS
PLAINTIFF
WALTER E. COVERT A/K/A WALTER
COVERT
DEFENDANT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-1271 CIVIL TERM
IN MORTGAGE FORECLOSURE
SS
Leon P. Haller, being duly sworn according to law, deposes and says
that he is the attorney for the Plaintiff in the above action in mortgage
foreclosure, that he has personal knowledge concerning the facts set forth in
the attached Motion for Service of Process Pursuant to Rule 430, that he has
authority from the Plaintiff to make this affidavit, and that the facts set
forth in the affidavit are true and correct to the best of his knowledge,
information, and belief, to wit:
That Defendant, Walter E. Covert a/k/a Walter Covert, died September
8, 2002. The Sheriff has advised that the property is vacant. Michael Covert
is shown as an informant on the Death Certificate with an address of 1335
Wood Brook Lane, South Lake, Florida 76092.
PURCELL, KRUG, & JJAWR
BY:
Leon P. Haller
1719 North Front Street
Harrisburg, Pa. 17102
(717)234-4178
Attorney for Plaintiff
Attorney ID# 15700
Sworn to and subscri.,bed
before me on this?y?-day
of / v?lu 2 02.
L otary Public
NotvW %W
My commission expires: qfty HaffWxrg q ttyy
NyCAmvnle W Expi? 252605
(SEAL) Member, Fe mrft a r&A"o*Awo(NoWdw
H105.905 REV.(09/00)
This is to certify that this is a true copy of the record which is on file in the Pennsylvania Division of Vital.Rec6r&'in accordance
with Act 66, P.L. 304, approved by the General Assembly, June 29, 1953.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Robert S. erman, Jr., MPH
Secretary of Health
'.9'13)G
No.
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REGISTMR"S SIGNRURf ANON Yl.
]]" A. ORE MED IRmwr. Dry
Charles Hardester
State Registrar
MAY 2 2002
Date
COMMONWEALTH OF PENNSYLVANIA a DEPARTMENT OF HEALTH a VITAL RECORDS
CERTIFICATE OF DEATH
aooI
cr ?=-
r,
LIJ ).T
L)`
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_
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O o U
WASHINGTON MUTUAL HOME LOANS,
INC. SUCCESSOR IN INTEREST BY
MERGER TO FLEET MORTGAGE CORP.
PLAINTIFF
VS.
WALTER E. COVERT A/K/A WALTER
COVERT
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-1271 CIVIL TERM
IN MORTGAGE FORECLOSURE
ORDER FOR SERVICE
AND NOW, to wit, this Ired day of Uk„? 2002, upon
consideration of the within Affidavit, is appearing that a good faith
investigation and effort to locate the Unknown Heirs and Assigns of Walte3
Covert a/k/a Walter Covert has been made by Plaintiff, it is hereby
ORDERED that service of the Complaint be made by posting a copy of the
original Complaint on the most public part of the property located at 807
Fairview Road, Carlisle, Pennsylvania 17013, and by forwarding a copy of '
Complaint by certified mail and ordinary mail (service to be completed up,
mailing) to Michael Covert at 1335 Wood Brook Lane, South Lake, Florida
76092, and by publication pursuant to Rule 430(b)(2); AND FURTHER, that i
the event this case should be reduced to judgment and execution shall be
issued, service upon the Defendant pursuant to Rule 3129.2 (C) shall be
effected by posting a copy of the Notice of Sale or Sheriff's handbill on
most public part of the premises and by publication by the Sheriff pursua
to Pennsylvania Rule of Civil Procedure 3129.2 (d).
BY E COUR
e.
he
the
at
J
01 1 s1 c_ .,1 LO
i. ii
WASHINGTON MUTUAL HOME LOANS, INC.
SUCCESSOR IN INTEREST BY MERGER TO FLEET
MORTGAGE CORP.
Plaintiff
VS.
WALTER E. COVERT A/K/A WALTER COVERT
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
No. 02-1271 CIVIL TERM
PRAECIPE TO REINSTATE
TO THE PROTHONOTARY:
Kindly reinstate the complaint on the above captioned matter.
DATE: June 25, 2002
PURCELL, KRUG, & HALLER
BY
T719 North Front Street
Harrisburg, Pa. 17102
Attorney for Plaintiff
Attorney ID# 15700
c?
U ` J
Ca ? j;\r1
WASHINGTON MUTUAL HOME LOANS, :
INC. SUCCESSOR IN INTEREST BY :
MERGER TO FLEET MORTGAGE CORP. :
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-1271 CIVIL TERM
WALTER E. COVERT A/K/A WALTER : CIVIL ACTION - LAW
COVERT IN MORTGAGE FORECLOSURE
Defendant
AFFIDAVIT OF SERVICE
I, Leon P. Haller, hereby certify that a true and correct
copy of the Complaint in the above captioned action was forward to the
following individuals by regular U. S. Mail, first class service,
postage prepaid, and by certified mail, return receipt requested,
postage prepaid, on July 1, 2002, addressed as follows:
Unknown Heirs of Walter E. Covert
a/k/a Walter covert
1335 Wood Brook Lane
South Lake, FL 76092
Leon P. Haller
SWORN to and subscribed
this 1 1? day of ,
2002.
fn
l lJ
otary Public
My commission expires:
(SEAL) NOTARIAL SEAL
ANGELA J. GLASS, Notary Public
City of Harrisburg Dauphin County
My Commission Expires May 12, 2003
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CASE NO: 2002_01271 P SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WASHINGTON MUTUAL HOME LOANS
VS
COVERT WALTER E AKA WALTER COV
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
VNRT WALTER E Axn UTATI,,-
_ODEFENDANT the
at 0800 HOURS, on the 28th da
at 807 FAIRVIEW ROAD Y of June 2002
CARLISLE, PA 17013
POSTED PROPERTY AT by handing to
807 FAIRVIEW ROAD CARLISLE
a true and attested copy of COMPLAINT,- MORT FORE together with
and at the same time directing His attention
to the contents thereof.
Sheriffs
s Costs:
Docketing So Answers.
Service 18.00
Posting 63.45
.00
Surcharge
10.00 R. Thomas Kline
00
37.45 07/01/2002
PURCELL KRUG HSworn and Subscribed to before
me this ? By.
day of
C 2" ? A.D.
rothonotary
WASHINGTON MUTUAL HOME LOANS,
INC. SUCCESSOR IN INTEREST BY
MERGER TO FLEET MORTGAGE CORP.
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-1271 CIVIL TERM
WALTER E. COVERT A/K/A WALTER CIVIL ACTION - LAW -
COVERT IN MORTGAGE FORECLOSURE
Defendant
PROOF OF PUBLICATION
PURCELL, KRUG & HALLER
Leon P. Haller, Esquire
1719 North Front Street
Harrisburg, PA. 17102
(717) 234-4178
Attorney ID # 115700
Attorney for Plaintiff
PROOF OF PUBLICATION
State of Pennsylvania,
County of Cumberland.
Lori Saylor, Classified Advertising Manager of THE SENTINEL,
of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of
general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th,
1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice
or publication attached hereto is exactly the same as was printed and published in the regular editions and
issues of THE SENTINEL on the following dates, viz
Copy of Notice of Publication
NOTICE OF ACTION IN MORTGAGE FORECLOSURE
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
WASHINGTON MUTUAL HOME LOANS, INC.
SUCCESSOR IN INTEREST BY MERGER TO
FLEET MORTGAGE CORP.
PLAINTIFF
vs.
WALTER E. COVERT A/K/A WALTER COVERT
DEFENDANT
MORTGAGE FORECLOSURE
NO. 02-1271 CIVIL TERM
TO: THE UNKNOWN HEIRS OF WALTER E. COVERT
A/K/A WALTER COVERT:
You are hereby notified that on March 15, 2002, Plaintiff,
WASHINGTON MUTUAL HOME LOANS, INC.
SUCCESSOR IN INTEREST BY MERGER TO
FLEET MORTGAGE CORP., filed a Mortgage
Foreclosure Complaint endorsed with a Notice to
Defend against you in the Court of Common Pleas of
Cumberland County, Pennsylvania, docketed to No.
02-1271 CIVIL TERM wherein Plaintiff seeks to
foreclose its mortgage securing your property located
at 807 FAIRVIEW ROAD, CARLISLE, PA 17013,
whereupon your property would be sold by the Sheriff
of Cumberland County.
You are hereby notified to plead to the above referenced
Complaint on or before 20 DAYS from the date of this
publication or a Judgment will be entered against you.
You have been sued in Court. you wish to defend, you
must enter a written appearance personally or by
attorney, and file your defenses of objections in writing
with the Court. You are warned that if you fail to do so,
the case may proceed without you and a Judgment
may be entered against you without further notice for
the relief requested by the Plaintiff. You may lose
money or property or other right import to you.
YOU SHOULD TAKE THIS NOTICE 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.
Name: Lawyer Referral Service
Address: Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone number: 717.249-3166
Leon P. Haller, Esquire
1719 North Front Street
Harrisburg, PA 17102
717-234-4178
June 27, 2002
Affiant further deposes that he is not interested in
the subject matter of the aforesaid notice or
advertisement, and that all allegations in the
foregoing statement as to time, place and character
of publication are true.
July 1, 2002
Sworn to and subscribed before me this 1 st
day of July , 2002.
Notary Public
My commission expires:
NOTARIAL SEAL
SHIRi.EY 0. DURNIN, Notary Public
Car?sle Boro., Cumberland County
_ My Commission Exflirf,; Aug. I. 2003
WASHINGTON MUTUAL HOME LOANS, IN THE COURT OF COMMON PLEAS
INC. SUCCESSOR IN INTEREST BY CUMBERLAND COUNTY, PENNSYLVANIA
MERGER TO FLEET MORTGAGE CORP.
Plaintiff
vs.
NO. 02-1271 CIVIL TERM
WALTER E. COVERT A/K/A WALTER CIVIL ACTION - LAW -
COVERT IN MORTGAGE FORECLOSURE
Defendant
PROOF OF PUBLICATION
PURCELL, KRUG & HALLER
eon . Haller, Esquire
1719 North Front Street
Harrisburg, PA. 17102
(717) 234-4178
Attorney ID # 1.5700
Attorney for Plaintiff
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
COUNTY OF CUMBERLAND :
ss.
Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County
and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland
Law Journal, a legal periodical published in the Borough of Carlisle in the County and State
aforesaid, was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
Viz
JULY 5, 2002
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are
Roger . Morgenthal, Editor
SWORN TO AND SUBSCRIBED before me this
5 day of JULY 2002
LOIS E. SNYDER, NOWY t
CarbW Boeo, Currib&W4 e;
My Co m: Exores Mardi 5,
CUMBERLAND LAW JOURNAL
NOTICE OF ACTION IN
MORTGAGE FORECLOSURE
In the Court of Common Pleas of
Cumberland County, PA
Civil Action-Law
No. 02-1271 Civil Term
WASHINGTON MUTUAL HOME
LOANS, INC. SUCCESSOR IN
INTEREST BY MERGER TO
FLEET MORTGAGE CORP.
PLAINTIFF
VS.
WALTER E. COVERT, A/K/A
WALTER COVERT
DEFENDANT
MORTGAGE FORECLOSURE
TO: THE UNKNOWN HEIRS OF WAL-
TER E. COVERT, A/K/A WALTER
COVERT:
You are hereby notified that on
March 15, 2002, Plaintiff, WASH-
INGTON MUTUAL HOME LOANS,
INC. SUCCESSOR IN INTEREST BY
MERGER TO FLEET MORTGAGE
CORP., filed a Mortgage Foreclosure
Complaint endorsed with a Notice
to Defend against you in the Court
of Common Pleas of Cumberland
County, Pennsylvania, docketed to
No. 02-1271 CIVIL TERM wherein
Plaintiff seeks to foreclose its mort-
gage securing your property located
at 807 FAIRVIEW ROAD, CARLISLE,
PA 17013, whereupon your proper-
ty would be sold by the Sheriff of
Cumberland County.
You are hereby notified to plead
to the above referenced Complaint
on or before 20 DAYS from the date
of this publication or a Judgment
will be entered against you.
You have been sued in Court. If
you wish to defend, you must enter
a written appearance personally or
by attorney, and file your defenses
or objections in writing with the
Court. You are warned that if you
fail to do so, the case may proceed
without you and a Judgment: may
be entered against you without fur-
ther notice for the relief requested
by the Plaintiff You may lose money
or property or other rights impor-
tant to you.
YOU SHOULD TAKE THIS NO-
TICE 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.
Lawver Referral Service
Cumberland County
Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
LEON P. HALLER, ESQUIRE
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
July 5
NOTICE
WASHINGTON MUTUAL HOME LOANS
INC., SUCCESSOR IN INTEREST BY
MERGER TO FLEET MORTGAGE CORP.,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
WALTER E. COVERT A/K/A NO. 2002 1271
WALTER COVERT,
DEFENDANT IN MORTGAGE FORECLOSURE
P R A E C I P E
TO THE PROTHONOTARY OF THE WITHIN COUNTY:
Please enter JUDGMENT "in rem" in favor of the Plaintiff and
against Defendant WALTER E. COVERT A/K/A WALTER COVERT for failure
to plead to the above action within twenty (20) days from date of
service of the Complaint, and assess Plaintiff's damages as
follows:
Unpaid principal balance $89,775.64
Interest $ 3,389.88
(Per diem of $15.99
from 9/1/01 to 4/1/02)
Late charges $ 145.50
($24.25 per month to 4/02)
Escrow Credit $ 28.64
5% Attorney's Commission $ 4,488.78
TOTAL $97,771.16**
** Together with additional interest at the per diem rate indicated
above from the date herein, based on the contract rate, and other
charges and costs to the date of Sheriff's Sale.
PURCELL, KRUG & H
By
Leon P. Haller PA I.D. 415700
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
K WKF\DOCS\OUMBERLA\OOVERT.P
WASHINGTON MUTUAL HOME LOANS
INC., SUCCESSOR IN INTEREST BY
MERGER TO FLEET MORTGAGE CORP.
PLAINTIFF
VS.
WALTER E. COVERT A/K/A
WALTER COVERT,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2002 1271
IN MORTGAGE FORECLOSURE
CERTIFICATE OF SERVICE
PURSUANT TO PA. R.C.P. 237.1
I hereby certify that on August 2, 2002 I served the Ten Day
Notice required by Pa. R.C.P. 237.1 on the Defendant(s) in this
matter by regular first class mail, postage prepaid, as indicated
on the attached Notice.
By
Leon P. Haller PA I 415700
Attorney for Plaintiff
Purcell, Krug & Haller
1719 North Front St.
Harrisburg, PA 17102
WASHINGTON MUTUAL HOME LOANS,
INC. SUCCESSOR IN INTEREST BY
MERGER TO FLEET MORTGAGE CORP
Plaintiff
vs.
WALTER E. COVERT A/K/A WALTER
COVERT
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-1271 CIVIL TERM
IN MORTGAGE FORECLOSURE
A M E N D E D N 0 T I C E
To: MICHAEL COVERT and Unknown Heirs
of Walter E. Covert a/k/a Walter Covert
1335 WOOD BROOK LANE
SOUTH LAKE, FLORIDA 76092
WALTER E. COVERT a/k/d WALTER COVERT
807 FAIRVIEW ROAD
CARLISLE, PA 17013
DATE OF NOTICE: AUGUST 2, 2002
IMPORTANT NOTICE
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.
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 LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
TELEPHONE (717)249-3166
(800)990-9108
PURCELL, KRUG & HALLER
By:
Leon P. Haller, Esquire
1719 North Front Street
Harrisburg, PA 17102-2392
(717)234-4178
Attorney ID #15700
Attorney for Plaintiff
WASHINGTON MUTUAL HOME LOANS
INC., SUCCESSOR IN INTEREST BY
MERGER TO FLEET MORTGAGE CORP.,
PLAINTIFF
VS.
WALTER E. COVERT A/K/A
WALTER COVERT,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2002 1271
IN MORTGAGE FORECLOSURE
NON-MILITARY AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF DAUPHIN
Personally appeared before me, a Notary Public in and for said
Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly
sworn according to law deposes and states that the Defendant (s)
above named are not in the Military or Naval Service nor are they
engaged in any way which would bring them within the Soldiers and
Sailors Relief Act of 1940, as amended.
Sworn to and subscribed
before e this/,,? day
of T 200a
No ry ub is
LEON P. HALLER, ESQUIRE
AL
, Notary public
phin C
ounty
Aug. 8, 20pg
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW AT NO. 2002 1271
WASHINGTON MUTUAL HOME LOANS,
INC., SUCCESSOR IN INTERESET BY
MERGER TO FLELET MORTGAGE CORP.,
PLAINTIFF
Vs.
WALTER E. COVERT A/K/A
TOTAL AMOUNT
OF JUDGMENT $ 97,771.16
Interest at $15.99 per diem
to sale date $ 3,917.55
Late charges at $24.25 per month
to sale date $ 169.75
Escrow Deficit $ 2,000.00
TOTAL $103,858.46*
WALTER COVERT, *SALE DATE: WEDS.,DEC. 4, 2002
DEFENDANT(S)
(PROTHONOTARY'S USE)
Plaintiff
Attorney
Sheriff
This Writ
PRAECIPE FOR WRIT OF EXECUTION
MORTGAGE FORECLOSURE P.R.C.P. 3180-3183
TO THE PROTHONOTARY/CLERK OF SAID COURT:
Issue Writ of Execution in the above captioned case.
Date: September 10, 2002
Attorney for Plaintiff
1719 North Front Street Leon P. H ler
Harrisburg, PA 17102 PA I.D. #15700
(717) 234-4178
WRIT OF EXECUTION - MORTGAGE FORECLOSURE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the judgment, interest and costs in the above
captioned case, you are directed to levy upon and sell the property
described in the attached description known as 807 FAIRVIEW ROAD,
CARLISLE, PA 17013.
Date:
PROTHONOTARY/CLERK CIVIL DIVISION
BY
DEPUTY
K\ MKPDOOS\CUMBERLA\COVERT. W
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ALL THAT CERTAIN lot of ground situate in the Fifth Ward of the
Borough of Carlisle, Cumberland County, Pennsylvania, bounded and
described as follows:
BEGINNING at a point on the southern line of Fairview Road, at the
intersection of same with the line dividing Lots Nos. 3 and 4, on
Block "D", on the hereinafter mentioned Plan of Lots; thence
continuing by the southern line of Fairview Road on a line curving
to the left and having a radius of 164.54 feet, an arc distance of
16 feet to a point; thence continuing by same North 64 degrees 7
minutes East 41.15 feet to a point on the line of Lot No. 5;
thence by said latter line South 25 degrees 53 minutes East 150.01
feet to a point on the line of Lot No. 19; thence along the line
on Lots Nos. 19 and 20, South 70 degrees 20 minutes 50 seconds
West 75 feet to a point on the line of Lot No. 3; thence along the
line of Lot No. 3 North 19 degrees 4 minutes 20 seconds West
146.41 feet to a point on the southern line of Fairview Road, the
place of BEGINNING.
SAID premises being Lot No. 4, Block "D" on a certain Plan of
Hamilton Development as recorded in the Office of the Recorder of
Deeds in and for Cumberland County in Plan Book 12, Page 60, and
being improved with a dwelling known and numbered as 807 Fairview
Road, Carlisle, Pennsylvania.
HAVING THEREON ERECTED A DWELLING HOUSE KNOWN AS 807 FAIRVIEW ROAD,
CARLISLE, PENNSYLVANIA 17013.
BEING THE SAME PREMISES WHICH Ruth M. Kratz, now by marriage, Ruth
M. Brown, and David Brown, her husband, by deed dated 8/27/96 and
recorded in Deed Book 145, Page 168 granted and conveyed unto
Walter E. Covert. The said Walter E. Covert a/k/a Walter Covert is
believed to be deceased and title vests in the unknown heirs and
assigns, if any.
TO BE SOLD AS THE PROPERTY OF WALTER E. COVERT A/K/A WALTER COVERT,
HIS UNKNOWN HEIRS AND ASSIGNS.
ASSESSMENT #06-19-1641-211 EX and #06-19-1641-211
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 02-1271 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WASHINGTON MUTUAL HOME LOANS, INC.,
SUCCESSOR IN INTEREST BY MERGER TO FLELET MORTGAGE CORP. Plaintiff (s)
From WALTER E. COVERT A/K/A WALTER COVERT
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE ATTATCHED
LEGAL DESCRIPTION.807 FAIRVIEW ROAD, CARLISLE, PA 17013.
(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 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$97,771.16 L.L.$.50
Interest AT $15.99 PER DIEM TO SALE DATE $3,917.55
Late charges at $24.25PER MONTH TO SALE DATE $169.75
Atty's Comm % Due Prothy $1.00
Arty Paid $187.63 Other CostsEscrow deficit $2,000.00
Plaintiff Paid
Date: September 11, 2002
CURTIS R. LONG
Prothonotary
(Seal) By: 7?/!nw
Deputy
REQUESTING PARTY:
Name Leon P. Haller, Esq.
Address: 1719 North Front Street
Harrisburg, PA 17102
Attorney for: Plaintiff
Telephone: 717-234-4178
Supreme Court ID No. 15700
WASHINGTON MUTUAL HOME LOANS
INC., SUCCESSOR IN INTEREST BY
MERGER TO FLEET MORTGAGE CORP.
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VS.
WALTER E. COVERT A/K/A NO. 2002 1271
WALTER COVERT,
DEFENDANT IN MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1
The Plaintiff in the above action, by its attorneys, Purcell,
Krug & Haller, sets forth as of the date the praecipe for the writ
of execution was filed, the following information concerning the
real property located at 807 FAIRVIEW ROAD, CARLISLE, PA 17013:
1. Name and address of the Owner(s) or Reputed Owner(s):
Walter E. Covert a/k/a
Walter Covert
His Unknown Heirs and Assigns
121335 Wood Brook Lane
South Lake, Florida 76092
Walter E. Covert a/k/a
Walter Covert
His Unknown Heirs and Assigns
807 Fairview Road
Carlisle, PA 17013
2. Name and address of Defendant(s) in the Judgment, if
different from that listed in (1) above:
SAME
3. Name and address of every judgment creditor whose judgment
appears of record on the real property to be sold:
Department of Revenue
Inheritance Tax Division
Strawberry Square
Harrisburg, PA 17105
Department of Public Welfare
TEL Casualty Unit
Estate Recovery Program
P. 0. Box 8486
Willow Oak Building
Harrisburg, PA 17105-8486
4. Name and address of last recorded holder of every mortgage
of record:
PLAINTIFF HEREIN
(AND ANY OTHERS AS NOTED BELOW):
Citifinancial Inc.
4 Neshaminy Interplex
Suite 209
Trevose, PA 19053
5. Name and address of every other person who has any record
lien on the property: UNKNOWN
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: UNKNOWN
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:
TENANTS IF ANY ...
Domestic Relations Office
Cumberland County Courthouse
Hanover & High Streets
Carlisle, PA 17013
(In the preceding information, where addresses could not be
reasonably ascertained, the same is indicated.)
I verify that the statements made in this Affidavit are true
and correct to the best of my personal knowledge, information and
belief. I understand that false statements herein are made subject
to the penalties of 18 PA C.S. Section 4904 relati to unsworn
falsification to authorities.
Leon P. Haller PA I.D. #15700
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
DATE: September 10, 2002
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WASHINGTON MUTUAL HOME LOANS IN THE COURT OF COMMON PLEAS
INC., SUCCESSOR IN INTEREST BY CUMBERLAND COUNTY, PENNSYLVANIA
MERGER TO FLEET MORTGAGE CORP.,
PLAINTIFF CIVIL ACTION - LAW
vs.
WALTER E. COVERT A/K/A NO. 2002 1271
WALTER COVERT,
DEFENDANT IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
TAKE NOTICE:
That the Sheriff's Sale of Real Property (real estate) will be
held:
DATE: WEDNESDAY, DECEMBER 4, 2002
TIME: 10:00 O'clock A.M.
LOCATION: Commissioner's Hearing Room
2nd Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
THE PROPERTY TO BE SOLD is delineated in detail in a legal
description mainly consisting of a statement of the measured
boundaries of the property, together with a brief mention of the
buildings and any other major improvements erected on the land.
(SEE DESCRIPTION ATTACHED)
'THE LOCATION of your property to be sold is:
807 FAIRVIEW ROAD
CARLISLE
CUMBERLAND COUNTY
PENNSYLVANIA
THE JUDGMENT in the amount of $97,771.16 under or pursuant to
which your property is being sold is docketed in the within
Commonwealth and County to:
NO. 2002 1271
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property
is:
WALTER E. COVERT A/K/A WALTER COVERT
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to
receive part of the proceeds of the sale received and to be
disbursed by the Sheriff (for example, to banks that hold mortgages
and municipalities that are owed taxes) will be filed by the
Sheriff of this County thirty (30) days after the sale and
distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing
exceptions to it within ten (10) days of the date it is filed.
Information about the Schedule of Distribution may be obtained
from the Sheriff of the Court of Common Pleas of the within County
at the Courthouse address specified herein.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO
PAY THE JUDGMENT.
You may have legal rights to prevent your property from being
taken away. A lawyer can advise you more specifically of these
rights. If you wish to exercise your rights, YOU MUST ACT
PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
Legal Services, Inc.
8 Irvine Row
Carlisle, PA 17013
717-243-9400
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of
the within County to open the judgment if you have a meritorious
defense against the person or company that has entered judgment
aga_nst you. You may also file an petition with the same Court if
yoti are aware of a legal defect in the obligation or the procedure
used against you.
2. After the Sheriff's Sale you may file a petition with the
Court of Common Pleas of the within County to set aside the sale
for a grossly inadequate price or for other proper cause. This
petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED.
3. A petition or petitions raising the legal issues or rights
mentioned in the preceding paragraphs must be presented to the
Court of Common Pleas of the within County. The petition must be
servred on the attorney for the creditor or on the creditor before
presentation to the court and a proposed order or rule must be
attached to the petition.
if a specific return date is desired, such date must be
obtained from the Court Administrator's office - Civil Division, of
the within County Courthouse, before a presentation of the petition
to the Court.
A copy of the Writ of Execution is attached hereto.
PURCELL, KRUG & HALLER
Attorneys for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
ALL THAT CERTAIN lot of ground situate in the Fifth Ward of the
Borough of Carlisle, Cumberland County, Pennsylvania, bounded and
described as follows:
BEGINNING at a point on the southern line of Fairview Road, at the
intersection of same with the line dividing Lots Nos. 3 and 4, on
Block "D", on the hereinafter mentioned Plan of Lots; thence
continuing by the southern line of Fairview Road on a line curving
to the left and having a radius of 164.54 feet, an arc distance of
16 feet to a point; thence continuing by same North 64 degrees 7
minutes East 41.15 feet to a point on the line of Lot No. 5;
thence by said latter line South 25 degrees 53 minutes East 150.01
feet to a point on the line of Lot No. 19; thence along the line
on Lots Nos. 19 and 20, South 70 degrees 20 minutes 50 seconds
West 75 feet to a point on the line of Lot No. 3; thence along the
line of Lot No. 3 North 19 degrees 4 minutes 20 seconds West
146.41 feet to a point on the southern line of Fairview Road, the
place of BEGINNING.
SAID premises being Lot No. 4, Block "D" on a certain Plan of
Hamilton Development as recorded in the Office of the Recorder of
Deeds in and for Cumberland County in Plan Book 12, Page 60, and
being improved with a dwelling known and numbered as 807 Fairview
Road, Carlisle, Pennsylvania.
HAVING THEREON ERECTED A DWELLING HOUSE KNOWN AS 807 FAIRVIEW ROAD,
CARLISLE, PENNSYLVANIA 17013.
BEING THE SAME PREMISES WHICH Ruth M. Kratz, now by marriage, Ruth
M. Brown, and David Brown, her husband, by deed dated 8/27/96 and
recorded in Deed Book 145, Page 168 granted and conveyed unto
Walter E. Covert. The said Walter E. Covert a/k/a Walter Covert is
believed to be deceased and title vests in the unknown heirs and
assigns, if any.
TO BE SOLD AS THE PROPERTY OF WALTER E. COVERT A/K/A WALTER COVERT,
HIS UNKNOWN HEIRS AND ASSIGNS.
ASSESSMENT 406-19-1641-211 EX and #06-19-1641-211
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WASHINGTON MUTUAL HOME LOANS
INC., SUCCESSOR IN INTEREST BY
MERGER TO FLEET MORTGAGE CORP.
PLAINTIFF
VS.
WALTER E. COVERT A/K/A
WALTER COVERT,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2002 1271
DEFENDANT IN MORTGAGE FORECLOSURE
RETURN OF SERVICE
I hereby certify that have de osited in the U.S. Mails at
Harrisburg, Pennsylvania on - , a true and correct copy of
the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the
Defendants herein and all lienholders of record by regular first class
mail (Certificate of Mailing form in compliance with U.S. Postal Form
3817 is attached hereto as evidence), and also to the Defendants by
Certified Mail. Service addresses are as follows:
Walter E. Covert a/k/a
Walter Covert
His Unknown Heirs and Assigns
121335 Wood Brook Lane
South Lake, Florida 76092
Walter E. Covert a/k/a
Walter Covert
His Unknown Heirs and Assigns
807 Fairview Road
Carlisle, PA 17013
Department of Revenue
Inheritance Tax Division
Strawberry Square
Harrisburg, PA 17105
Department of Public Welfare
TPL Casualty Unit
Estate Recovery Program
P. O. Box 8486
Willow Oak Building
Harrisburg, PA 17105-8486
Citifinancial Inc.
4 Neshaminy Interplex
Suite 209
Trevose, PA 19053
Domestic Relations Office
Cumberland County Courthouse
Hanover & High Streets
Carlisle, PA 17013 By B
PURCELL, KRUG & HALLER
Attorneys for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
LAW OFFICES
PURCELL, KRUG AND HALLER
1719 NORTH FRONT STREET
HARRISBURG, PENNSYLVANIA 17102-2392
JOHN W. PURCELL TELEPHONE (717) 2344178
HOWARD B. KRUC FORECLOSURE DEPT. FAX (717) 234-1206
LEON P.HALLER
JOHN W. PURCELL JR.
BRIAN.I. TYLER
JILL M. WINEKA
(717) 533-3836
NOTICE TO:
Walter E. Covert a/k/a
Walter Covert
His Unknown Heirs and Assigns
121335 Wood Brook Lane
South Lake, Florida 76092
Walter E. Covert a/k/a
Walter Covert
His Unknown Heirs and Assigns
807 Fairview Road
Carlisle, PA 17013
Department of Revenue
Inheritance Tax Division
Strawberry Square
Harrisburg, PA 17105
Department of Public Welfare
TPL Casualty Unit
Estate Recovery Program
P. 0. Box 8486
Willow Oak Building
Harrisburg, PA 17105-8486
Citifinancial Inc.
4 Neshaminy Interplex
Suite-209
Trevose, PA 19053
Domestic Relations Office
Cumberland County Courthouse
Hanover & High Streets
Carlisle, PA 17013
JOSEPH NISSLEY (1910-1982)
ANTHONY DiSANTO
OF COUNSEL
HERSHEY
1099 GOVERNOR ROAD
NOTICE IS HEREBY GIVEN to the Defendants in the within action and
those parties who hold one or more mortgages, judgments or tax liens
against the real estate which is the subject of the Notice of Sale
pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached
hereto.
YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution
issued out of the Court of Common Pleas of the within county on the
judgment of the Plaintiff named herein the said real estate will be
exposed to public sale as set forth on the attached Notice of Sale.
YOU ARE FURTHER NOTIFIED that the lien you hold against the said
real estate will be divested by the sale and that have an
opportunity to protect your interest, if any, by notified of
said Sheriff's Sale.
BY=
Leon . Haller PA .D.15700
Attorney for Plaintiff
WASHINGTON MUTUAL HOME LOANS
INC., SUCCESSOR IN INTEREST BY
MERGER TO FLEET MORTGAGE CORP.,
PLAINTIFF
vs.
WALTER E. COVERT A/K/A
WALTER COVERT,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2002 1271
IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
TAKE NOTICE:
held:
That the Sheriff's Sale of Real Property (real estate) will be
DATE: WEDNESDAY, DECEMBER 4, 2002
TIME: 10:00 O'clock A.M.
LOCATION: Commissioner's Hearing Room
2nd Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
THE PROPERTY TO BE SOLD is delineated in detail in a legal
description mainly consisting of a statement of the measured
boundaries of the property, together with a brief mention of the
buildings and any other major improvements erected on the land.
(SEE DESCRIPTION ATTACHED)
THE LOCATION of your property to be sold is:
807 FAIRVIEW ROAD
CARLISLE
CUMBERLAND COUNTY
PENNSYLVANIA
THE JUDGMENT in the amount of $97,771.16 under or pursuant to
which your property is being sold is docketed in the within
Commonwealth and County to:
NO. 2002 1271
is:
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property
WALTER E. COVERT A/K/A WALTER COVERT
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to
receive part of the proceeds of the sale received and to be
disbursed by the Sheriff (for example, to banks that hold mortgages
and municipalities that are owed taxes) will be filed by the
Sheriff of this County thirty (30) days after the sale and
distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing
exceptions to it within ten (10) days of the date it is filed.
Information about the Schedule of Distribution maybe obtained
from the Sheriff of the Court of Common Pleas of the within County
at the Courthouse address specified herein.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO
PAY THE JUDGMENT.
You may have legal rights to prevent your property from being
taken away. A lawyer can advise you more specifically of these
rights. If you wish to exercise your rights, YOU MUST ACT
PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
Legal Services, Inc.
8 Irvine Row
Carlisle, PA 17013
717-243-9400
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of
the within County to open the judgment if you have a meritorious
defense against the person or company that has entered judgment
against you. You may also file an petition with the same Court if
you are aware of a legal defect in the obligation or the procedure
used against you.
2. After the Sheriff's Sale you may file a petition with the
Court of Common Pleas of the within County to set aside the sale
for a grossly inadequate price or for other proper cause. This
petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED.
3. A petition or petitions raising the legal issues or rights
mentioned in the preceding paragraphs must be presented to the
Court of Common Pleas of the within County. The petition must be
served on the attorney for the creditor or on the creditor before
presentation to the court and a proposed order or rule must be
attached to the petition.
If a specific return date is desired, such date must be
obtained from the Court Administrator's office - Civil Division, of
the within County Courthouse, before a presentation of the petition
to the Court.
A copy of the Writ of Execution is attached hereto.
PURCELL, KRUG & HALLER
Attorneys for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
ALL THAT CERTAIN lot of ground situate in the Fifth Ward of the
Borough of Carlisle, Cumberland County, Pennsylvania, bounded and
described as follows:
BEGINNING at a point on the southern line of Fairview Road, at the
intersection of same with the line dividing Lots Nos. 3 and 4, on
Block "D", on the hereinafter mentioned Plan of Lots; thence
continuing by the southern line of Fairview Road on a line curving
to the left and having a radius of 164.54 feet, an arc distance of
16 feet to a point; thence continuing by same North 64 degrees 7
minutes East 41.15 feet to a point on the line of Lot No. 5;
thence by said latter line South 25 degrees 53 minutes East 150.01
feet to a point on the line of Lot No. 19; thence along the line
on Lots Nos. 19 and 20, South 70 degrees 20 minutes 50 seconds
West 75 feet to a point on the line of Lot No. 3; thence along the
line of Lot No. 3 North 19 degrees 4 minutes 20 seconds West
146.41 feet to a point on the southern line of Fairview Road, the
place of BEGINNING.
SAID premises being Lot No. 4, Block "D" on a certain Plan of
Hamilton Development as recorded in the Office of the Recorder of
Deeds in and for Cumberland County in Plan Book 12, Page 60, and
being improved with a dwelling known and numbered as 807 Fairview
Road, Carlisle, Pennsylvania.
HAVING THEREON ERECTED A DWELLING HOUSE KNOWN AS 807 FAIRVIEW ROAD,
CARLISLE, PENNSYLVANIA 17013.
BEING THE SAME PREMISES WHICH Ruth M. Kratz, now by marriage, Ruth
M. Brown, and David Brown, her husband, by deed dated 8/27/96 and
recorded in Deed Book 145, Page 168 granted and conveyed unto
Walter E. Covert. The said Walter E. Covert a/k/a Walter Covert is
believed to be deceased and title vests in the unknown heirs and
assigns, if any.
TO BE SOLD AS THE PROPERTY OF WALTER E. COVERT A/K/A WALTER COVERT,
HIS UNKNOWN HEIRS AND ASSIGNS.
ASSESSMENT 406-19-1641-211 EX and #06-19-1641-211
LAW OFFICES
J CGXCCL?' - •JG%CLfz, , l ? ?.LCPj/t ? Q ? ?
1719 N. FRO STREET
HARRISBURG; PA. 17102-2392
TELEPHONE (717) 234-4178 FAX (717) 233-1149
WASHINGTON MUTUAL HOME LOANS, IN THE COURT OF COMMON PLEAb
INC. SUCCESSOR IN INTEREST BY
MERGER TO FLEET MORTGAGE CORP. CUMBERLAND COUNTY,PENNSYLVANIA
PLAINTIFF
vs.
CIVIL ACTION - LAW
WALTER E. COVERT A/K/A WALTER NO. 02-1271 CIVIL TERM
COVERT
IN MORTGAGE FORECLOSURE
DEFENDANT
ORDER FOR SERVICE
AND NOW, to wit, this 3)'`- day of 2002, upon
consideration of the within Affidavit, is appearing that a good faith
investigation and effort to locate the Unknown Heirs and Assigns of Walter e.
Covert a/k/a Walter Covert has been made by Plaintiff, it is hereby
ORDERED that service of the Complaint be made by posting a copy of the
original Complaint on the most public part of the property located at 807
Fairview Road, Carlisle, Pennsylvania 17013, and by forwarding a copy of the
complaint by certified mail and ordinary.mail (service to be completed upon
R
mailing) to Michael Covert at 1335 Wood Brook Lane, South Lake, Florida
76092, and by publication pursuant to Rule 430(b)(2); AND FURTHER, that in
the event this case should be reduced to judgment and execution shall be
issued, service upon the Defendant pursuant to Rule 3129.2 (C) shall be
effected by posting a copy of the Notice of sale or Sheriff's handbill on the
most public part of the premises and by publication by the Sheriff pursuant
to Pennsylvania Rule of Civil Procedure 3129.2 (d).
BY THE COURT
J
71i0 3901 %44 9047 4064
TO: WALTER E COVERT A/K/A
WALTER COVERT
HIS UNKNOWN HEIRS AND ASS=3NS
807 FAIRVIEW ROAD
CARLISLE PA 17013
SENDER:
REFERENCE:
RETURN Postage
RECEIPT Certified Fee
SERVICE
Return Receipt Fee
Total Postage & Fees
US Postal Service
Receipt for
Certified Mail
No Insurance Coverage Provided
Do Not Use for International Mail
POSTM4f* 09
,
??.
as
a
?l by ONn95`?a?
?160 3901 9844 9047 405?
TO: WALTER E COVERT A/K/A?PRIVATE ?
WALTER COVERT
HIS UNKNOWN HEIRS AND ASSIGNS
121335 WOOD BROOK LANE
SOUTH LAKE FLORIDA 76092
SENDER:
REFERENCE:
RETURN
RECEIPT
SERVICE
Return Receipt Fee
Restricted Delivery
Total Postage & Fees
US Postal Service
Receipt for
Certified Mail
No Insurance Coverage Provided
Do Not Use for International Mail
---------------- -------
, f
S
m ?, c r
bd ?tinss`a
Re: WAMU vs. Covert
Cumberland 12/4/02
U. S. POSTAL SERVICE
CERTIFICATE OF MAILING
(In compliance with Postal Service Form 3877)
Received from:
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
One piece of ordinary mail addressed to:
Walter E. Covert a/k/a
Walter Covert
His Unknown Heirs and Assigns
121335 Wood Brook Lane
South Lake, Florida 76092
Postmark:
U. S. POSTAL SERVICE
CERTIFICATE OF MAILING
(In compliance with Postal Service Form 3877)
Received from:
Purcell, Krug & Haller Postage:
1719 North Front Street
Harrisburg, PA 17102
One piece of ordinary mail addressed to:
Walter E. Covert a/k/a
Walter Covert
His Unknown Heirs and Assigns
807 Fairview Road
Carlisle, PA 17013
Postmark:
U. S. POSTAL SERVICE
CERTIFICATE OF MAILING
(In compliance with Postal Service Form 3877)
Received from:
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
One piece of ordinary mail addre
Department of Revenue
Inheritance Tax Division
Strawberry Square
Harrisburg, PA 17105
Postage:
Postage:
a$
U. S. POSTAL SERVICE
CERTIFICATE OF MAILING
(In compliance with Postal Service Form 3877)
Received from:
Purcell, Krug & Haller Postage:
1719 North Front Street
Harrisburg, PA 17102
One piece of ordinary mail addressed to: Postmark:
Department of Public Welfare
TPL Casualty Unit
Estate Recovery Program
P. O. Box 8486
Willow Oak Building
Harrisburg, PA 17105-8486
U. S. POSTAL SERVICE
CERTIFICATE OF MAILING
(In compliance with Postal Service Form 3877)
Received from:
Purcell, Krug & Haller Postage:
1719 North Front Street
Harrisburg, PA 17102
One piece of ordinary mail addressed to: Postmark:
Citifinancial Inc.
4 Neshaminy Interplex
Suite 209
Trevose, PA 19053
U. S. POSTAL SERVICE
CERTIFICATE OF MAILING
?E?Fg9
(In compliance with Postal Service Form 3877)
Received from:
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
One piece of ordinary mail address
Domestic Relations Office
Cumberland County Courthouse
Hanover & High Streets
Carlisle, PA 17013
Y
Postage:f18S??`aa
1 'f U....• •\J'
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EALTH OF PENNSYLVANIA SS:
COMCO TY OF CUMBERLAND
Recorder of Deeds in and for said County and state do hereby certify that
I, Robe P. grantee the same
Secretary of V eterans Affairs of W shin on D C is the the Sheriffs Deed in which virtue of a writ
been sold to said grantee on the 4th day of Dec A.D., 2002, under and by
having
th da of Sept, A.D., 2002° out of the Court of Common Pleas of said County
Exec issued on the 1= y against W_ a
ivil Term, 2002 Number 12711 at the suit of Washin on Mutual Home
C
as of Loans Inc is duly recorded in Sheriff's Deed Book No. 255, Page 1257.
E Covert aka W -alter
IN TESTIMONY VMEREOF, I have hereunto set my hand
day of
8
and seal of said office this
A.D. 2001
of Deeds
Recorder of Dmde. Cumbeeff4 ?CmWe PA
My Wm,sW ExW0 V1 FYI Cf .M. 200
Washington Mutual Home Loans, Inc.
Successor in interest by merger to
Fleet Mortgage Corp.
VS Covert
in The Court of common Pleas of
Cumberland County,
Writ No. 2002-1271 Civil Term
Walter E. Covert a/k/a W alter duly sworn according to law, states that he
dantto wit: Walter .
R. Thomas Kline, Sheriff, who being Y
ent search and inquiry for the within named defen,
made a dilig as to
as
2002. of r 01, rt a/k/a Walter Covert, but was unable to locate him in his bailiwick. He therefore
overt. Defend t, Nori e and Description c NOT FOUND,
Cove Septemb
returns the within Real Estate Wri
alit is duly decease as ed ac
states that
to law,
Walter E. Covert a/k/a Walters eriff, who being
of t e within Real Estate
Jason Vioral, Deputy osted a true copy o on the property of
on October 31 2002 at 8:46 o'cloc on the above entitled action, upon the e,
ion,
Carlisl
Writ, Notice, Poster and Descript
E. Covert a/k/a Walter Covert located at 807 Fairv
iew R nd to law, states that
Pennsylvania, according to law.
R. Thomas Kline, Sheriff, who being duly sworn according
iven according to law, exposed the within described
after due and legal notice had been g
premises at public venue or outcry at the Court House, Carlisle, Cumberland Coun y,
Pennsylvania, on December 4, 2002 at 10:00 o'clock A.M. He sold the samtaor t e su
or The Secretary of Veterans Affairs of Washington
of $1.00 to Attorney Leon Halle
DC. It being the highest bid and best pri ce received for the same, The Secre ry
Veterans Affairs of Washington DCbeof is icko nfh•snexecutio paid Sheriff R.
Box 807, Philadelphia, PA 191O
Thomas Kline the sum of $944.59, it being costs.
Sheriff s Costs:
Docketing 30,00
Poundage 18.52
Posting Bills 15.00
Advertising 15.00
Acknowledging D eed 30.00
Auctioneer 10.00
Law Library .50
Prothonotary 1.00
Mileage 6.90
Certified Mail 2.07
15.00
Levy 00
20
Surcharge
Law Journal .
372.35
Patriot News 318.55
Share of Bills
25.20
Distribution of 25.00
Proceeds
Sheriffs Deed 39.50
$ 944.59
Sworn and Subscribed to Before Me SO Drs:
This Day of R. Thomas Kline, Sheri?f(f
A.D. }1a.,? B?cc N
2003,
ro onotary Real Estate eputy
N
!b 4Yj
ly
C,k- 39"). 26
Pa-,
Real Estate Sale # 41
On September 16, 2002 the sheriff levied upon the
defendant's interest in the real property situated ill
Carlisle Borough, Cumberland County, PA
known and numbered as 807 Fairview Rd., Carlisle,
more fully described on Exhibit "A" filed with this
writ and by this reference incorporated herein.
Date: September 16, 2002 By:
Real Estate Deputy
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), R. L.1784
STATE OF PENNSYLVANIA :
COUNTY OF CUMBERLAND :
ss.
Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County
and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland
Law Journal, a legal periodical published in the Borough of Carlisle in the County and State
aforesaid, was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
OCTOBER 25, NOVEMBER 1, 8, 2002
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
REAL ESTATE SALE NO. 41
Writ No. 2002-1271 Civil
Washington Mutual Home Loans,
Inc., successor in interest by
merger to Fleet Mortgage Corp.
vs.
Walter E. Covert,
a/k/a Walter Covert
Atty.: Leon P. Haller
ALL THAT CERTAIN lot of ground
situate in the Fifth Ward of the Bor-
ough of Carlisle, Cumberland Coun-
ty, Pennsylvania, bounded and de-
scribed as follows:
BEGINNING at a point on the
southern line of Fairview Road, at
the intersection of same with the
line dividing Lots Nos. 3 and 4, on
Block "D", on the hereinafter men-
tioned Plan of Lots; thence continu-
ing by the southern line of Fairview
Road on a line curving to the left
and having a radius of 164.54 feet,
an are distance of 16 feet to a point;
Ro er M. Morgenthal, Editor
SWORN TO AND SUBSCRIBED before me this
8 day of NOVEMBER, 2002
ptq*
my ?t Slur, k ,ss Larch 5, 2005
thence continuing by same North 64
degrees 7 minutes East 41.15 feet
to a point on the line of Lot No. 5:
thence by said latter line South 25
degrees 53 minutes East 150-01
feet to a point on the line of Lot No.
19: thence along the line on Lots
Nos. 19 and 20, South 70 degrees
20 minutes 50 seconds West 75 feet
to a point on the line of Lot No. 3:
thence along the line of Lot No. 3
North 19 degrees 4 minutes 20 sec
onds West 146.41 feet to a point on
the southern line of Fairview Road,
the place of BEGINNING.
SAID premises being Lot_ No. 4.
Block "D" on a certain Plan of Haim
ilton Development as recorded in the
Office of the Recorder of Deeds in
and for Cumberland County in Plan
Book 12, Page 60, and being im
proved with a dwelling known and
numbered as 807 Fairview Road.
Carlisle, Perrnsvlvania.
HAVING THEREON ERECTED
dwelling house known as 807
Fairview Road. Carlisle. Pernnsviva
nia 17013.
BEING THE SAME: PREMISES
WHICH Ruth M. Kratz, now by mar-
riage, Ruth M. Brown, and David
Brown, her husband, by deed dated
8/27/96 and recorded in Deed
Book 145, Page 168 granted and
conveyed unto Walter I?. Covert. The
said Walter E. Covert, a/k/a Walter
Covert is believed to he deceased
and title vests in the unknown heirs
and assigns, if any.
TO BE SOLD AS THE PROPER
TY OF WAIXER E. COVERT. A/K/A
WALTER COVERT- HIS UNKNOWN
HEIRS AND ASSIGNS,
ASSESSMENT #06-19-164 1 211
EX and #06-19-1641-211.
r ,E
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Frank J. Epler being duly sworn according to law, deposes and says:
That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the
City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The
Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the
City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th,
1854, and September 18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of October and the
5th day(s) of November 2002. That neither he nor said Company is interested in the subject matter of said printed
notice or advertising, and that all of the allegations of this statement as to the time, place and character of
publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Pa triot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in
the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION ^,.- ..- ::.........? ?..... .. ......................... :....................
COPY L. -'Sworn to and subscribed before me.- p 14th day of over 2002 A.D.
SALE #41
Notarial Seal
REAL ESTATE SALE No. 41 Terry L. Russell, Notary Public
'
Writ No. 2002-1271
Washington Mutual Home City Of Harrisburg, Dauphin County O ARY PUBLIC
NOT'ARY
Loans, Inc. successor My Commission Expires June 6, 2006
My commission expires June 6, 2006
In interest by merger to Member, Pennsylvania Association Of Notaries
Fleet Mortgage Corp.
vs CUMBERLAND COUNTY SHERIFFS OFFICE
Walter E. Covert a/k/a
Walter Covert CUMBERLAND COUNTY COURTHOUSE
Atty: Leon P. Haller CARLISLE, PA. 17013
DESCRIPTION
ALL THAT CERTAIN lot of ground situate in
the Fifth Ward of the Borough of Carlisle, Statement of Advertising Costs
Cumberland County, Pennsylvania, bounded and
described as follows: To THE PATRIOT-NEWS CO., Dr.
BEGINNING at a point on the southern line of
Fairview Road, at the intersection of same with For publishing the notice or publication attached
the line dividing Lots Nos. 3 and 4, on Block "d", hereto on the above stated daites $ 316.80
on the hereinafter mentioned Plan of Lots; thence
continuing by the southern line of Fairview Road Probating same Notary Fee(s) $ 1.75
on the line curving to the left and having a radius Total $ 318.55
of 164.54 feet, an arc distance of 16 feet to a
point; thence continuing by same North 64
degrees 7 minutes East 41.15 feet to a point on Publisher's Receipt for Advertising Cost
The Patriot News Co. , publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general
circulation, hereby acknowledg e receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid.
By ....................................................................
the line of Lx \ dtnc? <n said Ianci fire,
South 25 degrees 53 minutes East 150.01 feet to
a point on the line of Lot No. 19; thence along,
the line on Lots Nos. t 9 and 20, South 70 degrees
20 minutes 50 seconds West 75 feet to a point on
the line of Lot No. 3; thence along the line of Lot
No.3 North 19 degrees 4 minutes 20 seconds
West 146.41 feet to a point on the southern line
of Fairview Road, the place of BEGINNING.
SAID premises being Lot No. 4, Block "D" on
certain Plan of Hamilton Development a
recorded in the Office of the Recorder of Deeds
in and for Cumberland County in Plan Book 12.
Page 60, and being improved with a dwelling
known and numbered as 807 Fairview Road.
Carlisle, Pennsylvania.
HAVING THEREON ERECTED A DWELLING
HOUSE KNOWN AS 807 Fairview Road.
Carlisle, Pennsylvania 17013.
BEING THE SAME PREMISES WHICH Ruth
M. Kratz, now by marriage, Ruth M. Brown, and
David Brown, her husband, by deed dated 8127/
96 and recorded in Deed Book 145, Page 164
granted and conveyed unto Walter E. Covert. The
said Walter E. Covert a/k/a Walter Covert is
believed to be deceased and title vest: in the
unknown heirs and assigns, if any.
TO BE SOLD AS THE PROPERTY OF Walter
E. Covert a/k/a Walter Covert, his unknown heirs
and assigns.
ASSESSMENT #06-19-1641- 211 hX and 906-
19-1641-211