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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYI,VANIA
CIVIL DIVISION
No,'9~ ,jht\'(
FLEET MORTOAGE CORP., Assignee
of COMMONWEALTH MORTGAGE
COMPANY OF AMERICA, L.P.,
Plaintiff,
Vs.
ROBIN L. WILEY, BETH A. WILEY,
married and ALL OTHER
OCCUPANTS,
Defendants.
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L Jf'-L.1..1!.Ulf\"II. OJ 1 v.rl4tY (11)'
IiA'" I 'II ,"Vl(.i 11111101'
?A A II! ," JUDorMINT M"
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COMPLAINT IN IJICTMINT
Code 040 EJEcn:ENT
Filed on behalf of
Plaintiff
Counsel of reoord for this
party,
Louie P. Vitti, Esquire
P.A. 1.0. 13810
Supreme Court '01072
Louis P. Vitti, Assoc., P.C.
1031 Fifth Avenue
pittsburgh, PA 15219
(412) 281"172!!
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IN TUE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FLEET MORTGAGE CORP., Assignee of
COMMONWEALTH MORTGAGE COMPANY OF
AMERICA, L.P.,
Plaintiff,
I
I
I
I
I
I
I No.1
I
I
I
va.
ROBIN L. WILEY, BETH A. WILEY,
married and ALL OTHER OCCUPANTS,
Defendants.
COIIPLAIII'1' I. IJIC'l'IIIlIl'1'
AND NOW, cornea the above-captioned Plaintiff, Fleet
Mortgage Corp., et al., by and through ita counsel, Louis P. vitti
& Associates, P.C. and Louis P. Vitti, Esquire, who files this
Complaint as followsl
1. The Plaintiff is a corporation having a principal
place of business located at 11200 West Parkland Avenue, MilwaUkee,
WI 53224.
2. The Defendants are individuals, sui juris, whose last
known address was 155 East Louther street, carlisle, PA 17013.
3. On November 20, 1989, the Plaintiff's predecessor in
title lent to Defendants and/or their predecessors in title, the
sum of Forty Thousand Five Hundred ThirtY-'fhree and no/l00 Dollars,
($40,533.00) and in consideration thereof, the Defendants and/or
their predecessors in title, executed a mortgage which was recorded
on November 20, 1989, in the Office of the Recorder of Deeds of
Cumberland County in Mortgage Book Volume 959, page 550.
4. The premises seoured by the mortgage arel
See desoription attaohed hereto as Exhibit "A".
5. The mortgage provides generally that in the event of
rtetault ot payment and/or installment of prinoipal and/or interest,
inter alia, that it shall be lawful for Plaintiffs to institute,
inter alia, an aotion in mortgage foreolosure.
6. since March 1, 1993, the mortgage has been in default
by reason of the failure of the mortgagors to make appropriate
payments.
7. An aotion in mortgage foreolosure was instituted in
the Court of Common Pleas of Cumberland County at No. 3390 Civil
1993, and ultimately a Sheriff's Sale ocourred on June 8, 1994.
8. Plaintiff has been oaused to expend various sums of
money in an effort to pursue this action and in addition, has
inourred substantial losses in money as a result of Defendants'
ocoupanoy of the property and refusal to make appropriate mortgage
payments and/or other payments.
9. Defendants and/or all other ocoupants oontinue to
oooupy the said premises desoribed in Exhibit "A".
All nlAT ClKTAIN lulul Ilwllfld wllh hnprll\'I'ftll'nh Ilwrl'lllll'rl'c1l'd sltuale In the rlrst Ward
of the Dorough uf CarlisiI', CllIlIllI'r1l11111 Cuullly, 1'1'lImylvtllll.l, huullded and described as follows:
ON Ihe Norlh hy pwpl'rty nuw or lutuwrly ul I'I'IN J, W"llnl't; Ulllhe [asl by properly now or
formerly ul Gcur/le IIwwlI; onlhl' suulh hy I.Hlloullll'r Slrl'l'l; i1nd onlhe Wesl by property now
or lormerly 01 Aaron I. Mlcllnl()(~. [unlallllllll 1:1 fl'l'l !i Intiit's, more or less, on East loulher
Streel,and exlcndhllllll dl'plh al I1III'VI'1I wldlh 14111'1'1. 1I1'II1111he e.lslern half 01 a two and one-
half slory Irolllle dWl'lIll1l1llhl' Wl'lll'tIl hUlllllltltl' III ..lld properly belnlllhe middle 01 Ihe division
wall belwcl'lIllw dwell 11111 hl'tl'llI I um'I'YI.d MId till' 1"\'1'11 hIli 011 IIII' wesl, and being known as 155
Easlluulher Slrl'l't.
HAVING ERICHI> 1I11RION iI I"wlllllll ~IIUI\'IIIH 1!i!i I. louther Slrl'el, Carlisle, Pennsylvania
17013.
PARCH 102':,! 1.03111':116,
DEING the 5.11lle prl'rnlil'5 II hldl Slllll S. 1I1'IIl h alld IYIIII M. Hench, his wile, granted and
conveYl'd Ulllo Roblll I, \\'111')' i1l1d IMII A. Wiley, Mnrlll.,gurs herein, by Deed daled November
20,1989 and rl'l'Ordl'd NU\'l'rnhl'r 2U, 191191111>111'11 lIuok Volume 34H, page 39.
I~XlIllH'l' nAn
. .
. ,
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. ,
VBRIrICATIOH
AND NOW Louis P. vitti verifies that the statements made
in this complaint in Ejeotment are true and correot to the best of
his knowledge, information and belief. I understand that false
statements herein are made subjeot to the penalties of 18 Pa.C.S.
4904, relating to unsworn falsifioation to authorities.
By virtue of the faot that the Plaintiff is outside the
jurisdiction of the court and the verifioation cannot be obtained
within the time allowed for the filing of this pleading, the
pleading is submitted by oounsel having sufficient knowledge,
information and belief based upon the information provided him by
the Plaintiff.
Dated I June 24. 1994
~ \
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FLEET MORTGAGE CORP., Assignee of
COMMONWEALTH MORTGAGE COMPANY OF
AMERICA, L.P.,
Plaintiff,
I
I
I
I
I
I
I NO.1
vs.
ROBIN L. WILEY, BETH A. WILEY,
married and ALL OTHER OCCUPANTS,
Defendants.
COIIPLAIIfT III BJBCTIIBIfT
AND NOW, comes the above-captioned Plaintiff, Fleet
Mortgage corp., et al., by and through its counsel, Louis P. vitti
& Associates, P.C. and Louis P. vitti, Esquire, who files this
Complaint as follows:
1. 'I'he Plaintiff is a corporation having a principal
place of business located at 11200 West Parkland Avenue, Milwaukee,
WI 53224.
2. The Defendants are individuals, sui juris, whose last
known address was 155 East Louther street, Carlisle, PA 17013.
3. On November 20, 1989, the Plaintiff's predecessor in
title lent to Defendants and/or their predecessors in title, the
sum of Forty Thousand Five Hundred Thirty-Three and no/100 Dollars,
($40,533.00) and in consideration thereof, the Defendants and/or
their predecessors in title, executed n mortgage which was recorded
on November 20, 1989, in the Off ice of the Hecorder of Deeds of
cumberland county in Mortgnge Dook Volume 959, page 550.
4. The premises secured by the mortgage arel
See description attached hereto as Exhibit "A".
5. The mortgage provides generally that in the event of
default cf payment and/or installment of principal and/or interest,
inter alia, that it shall be lawful for Plaintiffs tc institute,
inter alia, an action in mortgage foreclosure.
6. Since March 1, 1993, the mortgage has been in default
by reason of the failure of the mortgagors to make appropriate
payments.
7. An action in mortgage foreclosure was instituted in
the court of Common Pleas of cumberland county at No. 3390 civil
1993, and ultimately a Sheriff's Sale occurred on June 8, 1994.
8. Plaintiff has been caused to expend various sums of
money in an effort to pursue this action and in addition, has
incurred substantial losses in money as a result of Defendants'
occupancy of the property and refusal to make appropriate mortgage
payments and/or other payments.
9. Defendants and/or all other occupants continue to
occupy the said premises described in Exhibit "A".
ALL THAT CERTAIN lot of ground with Improvements thereon erected situate In the First Ward
of the Dorough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows:
ON the North by property now or formerly of Peter I. Wagner; on the East by property now or
formerly of George Drown; on Ihe South by East Louther Street; and on the West by property now
or formerly of Aaron L. McClintock. Containing 13 feet 5 Inches, more or less, on East Louther
Street,and extending In depth at an even width 142 feet. Being the eastern half of a two and one.
half story frame dwelling; the western boundary of said property being Ihe middle of the division
wall between the dwelling herein conveyed and the dwelling on the west, and being known as 155
Easl Louther Street.
HAVING ERECTED THEREON a dwelling known as 155 E. Louther Street, Carlisle, Pennsylvania
17013.
PARCEl 1102-21-0318.316.
BEING Ihe same premises which Scoll S. Hench and Lynn M. Hench, his wile, granted and
conveyed unto Robin L. Wiley and Deth A. Wiley, Mortgagors herein, by Deed dated November
20,1989 and recorded November 20, 1989 In Deed Book Volume 34H, page 39.
EXIIIBI1' "1\"
\,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FLEET MORTGAGE CORP., Assignee
of COMMONWEALTH MORTGAGE
COMPANY OF AMERICA, L.P.,
Plaintiff,
vs.
ROBIN L. WILEY, BETH A. WILEY,
married and ALL OTHER
OCCUPANTS,
Defendants.
rc..:J2 ~ C;:t"..l.~d"l,rl
YOU I"it HZ:":'\ ( '. '...en
TO Pt~^D r J T~C ENCLOSED C'1:l1,'pln.,"r it-.>
E:J~.IlftU'\VlTti:N TV.rNTY 1201
tJAY3 F,':" tERVICE HEREOF
OR ^ Olr '''~LT JUDGEMENT idA"
BE IITreeD AG INST YOU c:
~ LLlll ~ ' l).l.I.U. {"Jb
AT TOHI.L Y h'J;
PU'lhll'r
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NO. I c;4 3 '/ 8'-5- (Ie \I--l t JL-\-rr-
COMPLAINT IN EJECTMENT
Code 040 EJECTMENT
Filed on behalf of
Plaintiff
Counsel of record for this
party:
Louis P. Vitti, Esquire
P.A. I.D. #3810
Supreme Court #01072
Louis P. Vitti & Assoc., P.C.
1031 Fifth Avenue
pittsburgh, PA 15219
(412) 281-1725
CERI '~.".I.;;I"I...,I")N
IHCF'(( I' ,:~r.~7:'IO~
THr I;[~I. Lj r,', .~':; I Y Tr:JlIEN I.
c.~(tu., Le. \) A .
Itl" 80.0 C '1,",~' 'I IWARDI
llc..:LJl{ ~'~l CnlpYlrl'\
l 1Pl41lj111Fl
8v ':) I -L I.';" PUn f' \ ~ '.> ~.
~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FLEET MORTGAGE CORP., Assignee of
COMMONWEALTH MORTGAGE COMPANY OF
AMERICA, L.P.,
Plaintiff,
I
I
I
I
I
I
I No.1
I
I
I
I
I
vs.
ROBIN L. WILEY, BETH A. WILEY,
married and ALL OTHER OCCUPANTS,
Defendants.
COMPLAIIIT 1M IJICTIIBIIT
AND NOW, comes the above-captioned plaintiff, Fleet
Mortgage Corp., et al., by and through its counsel, Louis P. Vitti
& Associates, P.C. and Louis P. vitti, Esquire, who files thiB
Complaint as followsl
1, The Plaintiff is a corporation having a prinoipal
plaoe of business located at 11200 West Parkland Avenue, MilwaUkee,
WI 53224.
2, The Defendants are individuals, sui juris, whose last
known address was 155 East Louther street, Carlisle, PA 17013.
3. On November 20, 1989, the Plaintiff's predecessor in
title lent to Defendants and/or their predecessors in title, the
sum of Forty Thousand Five Hundred Thirty-Three and nO/100 Dollars,
($40,533.00) and in consideration thereof, the Defendants and/or
their predecessors in title, executed a mortgage which was recorded
on November 20, 1909, in the Office of the Recorder of Deeds of
Cumberland County in Mortgage Dook Volume 959, page 550,
.
4. The premises se~ured by the mortgage arel
See desoription attaohed hereto as Exhibit "A".
5. The mortgage provides generally that in the event of
default of payment and/or installment of prinoipal and/or interest,
inter alia, that it shall be lawful for Plaintiffs to institute,
inter alia, an action in mortgage foreolosure.
6. Since March 1, 1993, the mortgage has been in default
by reason of the failure of the mortgagors to make appropriate
payments.
7. An aotion in mortgage foreolosure was instituted in
the court of Common Pleas of Cumberland County at No. 3390 civil
1993, and Ultimately a Sheriff's Sale ocourred on June 8, 1994.
8. Plaintiff has been caused to expend various sums of
money in an effort to pursue this aotion and in addition, has
incurred substantial losses in money as a result of Defendants'
occupancy of the property and refusal to make appropriate mortgage
payments and/or other payments.
9. Defendants and/or all other oocupants oontinue to
occupy the said premises desoribed in Exhibit "A".
ALL THAT CERTAIN lot of ground with Improvements thereon ereeled situate In the First Ward
. of the Dorough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows:
.
ON the North by property nolV or formerly of Peter J. Wagner; on the Fast by property 1I0W or
formerly of George Brown; on the South by East Louther Street; ilnd onlhe West hy property 1I0W
or formerly of Aaron L McClintock. Containing 13 feet 5 Inches, more or less, on Fast lout her
Street,and exlending In depth at an even width 142 feet. Oelng Ihe eastern half of a two and one.
half slory frame dwelling; the western boundary of said property being the middle of the division
wall between the dwelling herein conveyed and the dwelling on the west, and being known as 155
East I.outher Street.
HAVING ERECTED T1~EREON a dwelling knolVn as 155 E. louther Street, Carlisle, pennsylvania
17013.
PARCEL 1/02-21.0318-316.
BEING the same premises whlrh Scoll S. Hench and l ynn M. Hench, his wife, granted and
conveyed unto Robin L Wiley and Beth A. Wiley, Mortgagors herein, hy Ueed dated November
20, 1989 and recorded November 20, 1989 In Deed Book Volume 34H, page 39.
IlXllIlll'I' "A"
.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FLEET MORTGAGE CORP., Assignee of
COMMONWEALTH MORTGAGE COMPANY OF
AMERICA, L.P.,
Defendants.
I
I
I
I
I
I
I No.1
I
I
I
I
I
Plaintiff,
vs.
ROBIN L. WILEY, BETH A. WILEY,
married and ALL OTHER OCCUPANTS,
COMPLAIIIT 1M BJICTIIBIIT
AND NOW, comes the above-oaptioned Pia intiff, Fleet
Mortgage corp., et al., by and through its counsel, Louis P. vitti
& Associates, P.C. and Louis P. vitti, Esquire, who files this
complaint as followsl
1. The Plaintiff is a corporation having a principal
place of business looated at 11200 West Parkland Avenue, Milwaukee,
WI 53224.
2. The Defendants are individuals, sui juris, whose last
known address was 155 East Louther Street, Carlisle, PA 17013.
3. On November 20, 1989, the Plaintiff's predeoessor in
title lent to Defendants and/or their predecessors in title, the
sum of Forty Thousand Five Hundred Thirty-Three and nO/100 Dollars,
($40,533.00) and in consideration thereof, the Defendants and/or
their predecessore in title, executed a mortgage which was recorded
on November 20, 1909, in the Office of the Recorder of Deeds of
cumberland county in Mortgage Dook Volume 959, page 550.
. . .
4. The premises secured by the mortgage arel
See description attaohed hereto as Exhibit "A".
5. The mortgage provides generally that in tho event of
default of payment and/or installment of principal and/or intersst,
inter alia, that it shall be lawful for Plaintiffs to institute,
inter alia, an aotion in mortgage foreclosure.
6. Since March 1, 1993, the mortgage has been in default
by reason of the failure of the mortgagors to make appropriate
payments.
7. An action in mortgage foreolosure was instituted in
the Court of Common Pleas of Cumberland county at No. 3390 civil
1993, and ultimately a Sheriff's Bale ocourred on June 8, 1994.
B. Plaintiff has been caused to expend various sums of
money in an effort to pursue this action and in addition, hili
incurred substantial losses in money as a result of Defendants'
occupancy of the property and refusal to make appropriate mortgage
payments and/or other payments.
9. Defendants and/or all other occupants continue to
ocoupy the said premises described in Exhibit "A".
ALL THAT CERTAIN 101 of ground with Improvements thereon erected situate In the First Ward
of the Borough of Carlisle, Cumberland County, pennsylvania, bounded and described as follows:
ON the North by property now or formerly of Peter J. Wagner; on the Easl by property now or
formerly of George Drown; onlhe South by East Loulher Street; and on the We 51 by property now
or formerly of Aaron L McClintock. Containing 13 feel 5 Inches, more or less, on East Louther
Street/and exlending In depth al an even width 142 feet. Being Ihe eastern half of a two and one.
half story frame dwelling; the western boundary of said property being the middle of the division
wall between Ihe dwelling herein conveyed and the dwelling on the west, and being known as 155
East Loulher Slree!.
HAVING EREGED THEREON a dwelling known as 155 E. Louther Street, Carlisle, Pennsylvania
17013.
PARCEL #/02.21.0318-316,
BEING the same premises which Scoll S. Hench and Lynn M. Hench, his wife, granted and
conveyed unto Robin L. Wiley and Beth A. Wiley, Mortgagors herein, by Deed dated November
20,1989 and recorded November 20,1989 In Deed Book Volume 34H, page 39,
EXIIIBI1' "^"
, .
, .
VERIFICATION
AND NOW Louis P. vitti verifies that the statements made
in this complaint in Ejeotment are true and correct to the best of
his knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.
4904, relating to unsworn falsification to authorities.
By virtue of the fact that the Plaintiff is outside the
jurisdiction of the court and the verification cannot be obtained
within the time allowed for the filing of this pleading, the
pleading is submitted by oounsel having sufficient knowledge,
information and belief based upon the information provided him by
the Plaintiff.
vr}/f'
Lo
. Vi
Datedl June 24. 1994
, I
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FLEET MORTGAGE CORP., Assignee of
COMMONWEALTH MORTGAGE COMPANY OF
AMERICA, L.P.,
Plaintiff,
I
I
I
I
I
I
I No.1
I
I
I
I
!
vs.
ROBIN L. WILEY, BETH A. WILEY,
married and ALL OTHER OCCUPANTS,
Defendants.
COMPLAINT III IJICTMBIIT
AND NOW, oomes the above-captioned Plaintiff, Fleet
Mortgage corp., et al., by and through its counsel, Louis P. vitti
& Associates, P.C. and Louis P. vitti, Esquire, who files this
Complaint as folloWSI
1. The Plaintiff is a corporation having a principal
plaoe of business located at 11200 West Parkland Avenue, MilwaUkee,
WI 53224.
2. The Defendants are individuals, sui juris, whose last
known address was 155 East Louther street, Carlisle, PA 17013.
3. On November 20, 1989, the Plaintiff's predecessor in
title lent to Defendants and/or their predecessors in title, the
sum of Forty Thousand Five Hundred Thirty-Three and nO/lOO Dollars,
($40,533,00) and in consideration thereof, the Defendants and/or
their predecessors in title, executed a mortgage which was recorded
on Novembnr 20, 1909, in the Off I co of the Hecorder of Deeds of
Cumberland county in Mortgnge Dook Volume 959, page 550.
, I
4. The premises secured by the mortgage arel
See desoription attached hereto as Exhibit "A".
5. The mortgage provides generally that in the event of
default of payment and/or installment of prinoipal and/or interest,
inter alia, that it shall be lawful for Plaintiffs to institute,
inter alia, an action in mortgage foreclosure.
6. since March 1, 1993, the mortgage has been in default
by reason of the failure of the mortgagors to make appropriate
payments.
7. An action in mortgage for.eclosure was instituted in
the Court of Common Pleas of Cumberland County at No. 3390 civil
1993, and ultimately a Sheriff's Sale occurred on June 8, 1994.
B. Plaintiff has been caused to expend various sums of
money in an effort to pursue this action and in addition, has
incurred substantial losses in money as a result of Defendants'
oocupancy of the property and refusal to make appropriate mortgage
payments and/or oth' , payments.
9. Defendants and/or all other occupants continue to
occupy the said premises described in Exhibit "A".
ALL THAT CERTAIN lot of ground wllh Improvements thereon erected situate In t e rst ar
'of Ihe Borough of Carlisle, Cumberland Countr, P~n~sylvanla, bounded and described as follows:
ON Ihe North by property now or formerly of Peter I. Wagner; un the East by property now or
formerly uf George IIrown; on the south by Eastlouther Street; ilnd un the Wesl by property now
or formerly of Aaron L. McClintock. Containing 13 feet 5 Inches, more or less, on East Louther
Street, and extending In depth at an even width 142 feel. Being the eastern hall of atwo and one-
half story frame dwelling; the western boundary of said property being the middle of the division
wall between the dwelling herein conveyed and the dwelling on Ihe west, and being known as 155
East Louther Street.
I-iAVING EREaED TIIEREON a dwelling known as 155 E. louther Slreet, Carlisle, Pennsylvania
17013.
I)ARCEL #02-21.0318-316.
BEING the same premises which Scoll S. Hench and Lynn M. Hench, his wile, granted and
conveyed unto Robin L. Wiley and Beth A. Wiley, Mortgagors herein, by Deed dated November
20,1989 and recorded November 20, 1989 In Deed Book Volume 34H, page 39,
W<IIllll'l' "A"
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