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HomeMy WebLinkAbout00-02952 J" __ - ,.'..'~, ~" _____-~'"r~ __~ ,c.-'. ,"'.;,,-__--.~-,-{;... ",',"_~ "_.,_~__, -' __~, 1'; ()' MARKOWITZ & MARKOWITZ By: Andrew L. Markowitz, Esquire P A Attorney ID #28009 P.O. Box 373 Lahaska, PA 18931-0373 TEL: (215) 297-0411 FAX: (215) 297-5932 Attorneys for Plaintiff NATIONSCREDIT HOME EQUITY DISCOUNT COMPANY COURT OF COMMON PLEAS CUMBERLAND COUNTY v. CIVIL DIVISION - LAW DAVID L. ARTZ, aud MARYANN S. ARTZ NO. 00-02952 IN MORTGAGE FORECLOSURE ORDER AND NOW, this ltl'day of J" H , 2001 , upon motion of plaintiff pursuant to Rule 3129 Pa, R.C,P" it is hereby ORDERED and DECREED that plaintiff shall be permitted to make service of its Notice of Sheriff's Sale of ~al Property on DAVID 1. AR IZ, and MARYANN S, ARIZ, the defendants herein, by posting the mortgaged premises at 142 North 33'd Street, Camp Hill, P A 17011 and by regular and certified mail addressed to defendants at their last known address of 142 North 33'd Street, Borough of Camp Hill, Camp Hill, P ,;( J~ f\t- \; \j\0 " -- ~ ~ ,~ , ,c . _~_~ '-<<,-.,,- -","-~- " ,- CiLLD"'C;C'F{CE 0" T' '"' """'''''''''''')''-'RY .,'-- ,i'_-,- ";;'_nJ,lc-"">_;i\'\." 1/-1, 01 JUN ILi 11i111: I 0 CUM1JEhV\f~O COUN]y PENNSYLVANIA ""","" .~-,? " ~ ,. " ,_~ !rll!1~ ~' -~-'-"I.,"'.' ------a: ... " "'" '. ~r ,~ .> . , '-" ,_'_T__' ~ . ,-~ - .--.- - ,.- . it.'i MARKOWITZ & MARKOWITZ By: Andrew L. Markowitz, Esquire P A Attorney ID #28009 P.O. Box 373 Lahaska, PA 18931-0373 TEL: (215) 297-0411 FAX: (215) 297-5932 Attorneys for Plaintiff NATlONSCREDlT HOME EQUITY DISCOUNT COMPANY COURT OF COMMON PLEAS CUMBERLAND COUNTY v. CIVIL DIVISION - LAW DAVID L. ARTZ, and MARYANN S. ARTZ NO. 00-02952 IN MORTGAGE FORECLOSURE MOTION FOR ALTERNATIVE SERVICE OF PROCESS PURSUANT TO RULE 430(a), Pa. R.C.P. Plaintiff, NATIONS CREDIT HOME EQUITY SERVICES CORPORATION, by and through its attorneys, hereby applies for an Order for alternative service of its Notice of Sale of Real Property pursuant to Rille 3129 of the Pennsylvania Rilles of Civil Procedure, and in support thereof avers as follows: 1. On April 11 , 2001, Deputy Sheriff Michael Barrick, of Cumberland County, posted a copy of the Real Estate Writ Notice at 142 North 33'd Street, Camp Hill, PA 17011, which is both the mortgaged premises and the last known residence of defendants, DAVID 1. ARTZ and MARYANN - .-1' _i.'. .,,,,.,,-- - - . ,-~ , ., '. - "'-' - -'~~": S, ARTZ, At that time, he found the house to be empty, See Affidavit ofR. Thomas Kline, Sheriff, attached hereto and incorporated herein by reference, 2. Deputy Sheriff Michael Barrick further reported that the Post Office at Camp Hill, P A had no address change on record for defendants, DAVID L. ARTZ and MARYANN S, ARTZ, See Affidavit ofR. Thomas Kline, Sheriff, 3, On April 18, 2001, R. Thomas Kline, Sheriff of Cumberland County, attempted to serve the Real Estate Writ, Notice Poster, and Description on defendants by certified mail, return receipt requested, restricted delivery, deliver to addressee only, to defendants' last known residence at 142 North 33m Street, Camp Hill, P A 17011. Such notice was returned to the Sheriff's Office on Apri130, 2001, marked "MOVED, LEFT NO ADDRESS", See Affidavit ofR. Thomas Kline, Sheriff, 4, On April 30, 2001, Sheriff Kline forwarded copies ofthe aforesaid documents to each defendant by regular mail to their last known address, 142 North 33'd Street, Borough of Camp Hill, Camp Hill, PA 17011. Neither letter was returned to the Sheriff's Office, See Exhibit "A", Affidavit ofR. Thomas Kline, Sheriff. 5, On May 1,2001, at counsel's request, plaintiff ordered and received a current credit bureau report on defendants, DAVID L. ARTZ and MARYANN S, ARTZ, which report listed 142 North 33'd Street, Camp Hill, P A 17011 to be defendants' current address, See Exhibit "A" to Affidavit of CounseL "" ,I " -. iJ __ ~ ,.>:;: ,;'." _, ,,,' '. ',~,,;.,;;-'~, ~"lk,,"';'-""'.~~ ''''"'~ ""'''=; :'-. -" .~-~ ~-"-. 6, Also at counsel's request, Meghan Clark, a private investigator with the firm of Gill & Associates, conducted an investigation as to defendants' current whereabouts, including a search of the records of the Board of Elections of Cumberland County, the Cumberland County Tax Asses- sor's Office, the Pennsylvania Department of Motor Vehicles, a computer record search, and an interview with the postal carrier for defendants' last known neighborhood, all of which confirmed defendants' last known address to be 142 North 33'd Street, Borough of Camp Hill, Camp Hill, PA 17011. See Affidavit of Meghan Clark, attached hereto and incorporated herein by reference, 7, In view of the foregoing, it is plaintiff's position that defendants have vacated the mortgaged premises, which is also their last known residence, and that their current whereabouts cannot be determined, in spite of a thorough and reasonable attempt by plaintiff to determine same, WHEREFORE, plaintiff respectfully requests this Honorable Court to enter an Order granting Plaintiff leave to make service of its Notice of Sheriff's Sale of Real Property on DAVID 1. ARTZ and MARYANN S, ARTZ, the defendants herein, by posting the mortgaged premises at 142 North 33'd Street, Camp Hill, PA 17011, and by regular and certified mail addressed to defendants at their last known address of 142 North 33'd Street, Camp Hill, PA 17011. Alternatively, plaintiff would request leave to make service by any other means as the Court may direct. By: ANDREW L. MARKO Attorneys for Plaintiff J,_:.d _L_ .' ,,;' " ,-_,~,_-_,;,,_ ,,,'It,-,.,,"; ,-,";--, - ~"-". ,~,- '-I MARKOWITZ & MARKOWITZ By: Andrew L. Markowitz, Esquire P A Attorney ID #28009 P.O. Box 373 Lahaska, fA 18931-0373 TEL: (215) 297-0411 FAX: (215) 297-5932 Attorneys for Plaintiff NATIONSCREDIT HOME EQUITY DISCOUNT COMPANY COURT OF COMMON PLEAS CUMBERLAND COUNTY v. CIVIL DIVISION - LAW DAVID L. ARTZ, and MARYANN S. ARTZ NO. 00-02952 IN MORTGAGE FORECLOSURE AFFIDAVIT OF COUNSEL COMMONWEALTH OF fENNSYLV ANIA : SS. COUNTY OF BUCKS I, ANDREW 1. MARKOWITZ, ESQUIRE, being duly sworn according to law, hereby depose and say as follows: 1. I am counsel for NATIONSCREDIT HOME EQUITY SERVICES CORPORATION, plaintiff in the above matter, 2, Pursuant to my request, the Sheriff of Cumberland County, R. Thomas Kline, and his Deputy, Michael Barrick, attempted to serve the Real Estate Writ, Notice Poster and Description on ""' . ,'.__ ',. ,n. h ,,' ,..- --~"" '.-,;-L_,.. - ;;..1';, ,. '^ defendants, DAVID 1. ARTZ and MARYANN S, ARTZ, at 142 North 33'd Street, Camp Hill, P A 17011, which is both the mortgaged premises and defendants' last known address, According to the Return of Service (attached hereto as Affidavit ofR, Thomas Kline, Sheriff") Deputy Barrick found the property vacant; mail was returned to Sheriff Kline marked "MOVED, LEFT NO FORWARDING ADDRESS". 3, I then requested that plaintiff obtain a current credit bureau report on defendants, which was received on May I, 2001. Such report showed 142 North 33m Street, Camp Hill, P A 17011 to be defendants' current address, See Exhibit "A" to Affidavit of Counsel. 4. I then ordered investigators from Gill & Associates to attempt to determine defendants' current whereabouts, As shown by the Affidavit ofMeghan Clark, her review of the records of the Cumberland County Board of Elections, the Tax Assessor's Office, the Pennsylvania Department of Motor Vehicles, various computer records, and her interview with the neighborhood postal carrier, all established 142 North 33'd Street, Camp Hill, P A 17011 as defendants' current and/or last known address, Attached hereto and incorporated herein by reference is the report prepared by the said Meghan Clark of her efforts to investigate the current whereabouts of defendants, 5, I have read the foregoing and swear that it is true and correct to the best of my knowl- ANDREW L.' edge, information and belief. ,,~ r~'" ,;"i~ SOOt~,.N ,J, ~M'~hh~w~!~l?"l' ',_., ._~ . }~..~;~:;/.~;:.::C~\~L: >_':',:'-<~~_(~~~~I' ~. ;fi:l '\..",~~".:IJ"!,Ii>!i.-,,~~\~ r;..,<.y~'C,.; J~. 28" 20GI t Nationscredit Home Equity Services Corporation VS David L. Artz and Maryann S. Artz In the Court of Common Pleas of Cumberland County, Pennsylvania No.2000-2952 Civil Michael Barrick, Deputy Sheriff, who being duly sworn according to law, says on April II, 2001 at 1:34 o'clock P.M. EDST, he posted a copy of Real Estate Writ Notice Poster and Description on the property of David L. Artz and Maryann S. Artz located at 142 North 33'd 81. Camp Hill, Cumberland County, Pennsylvania, according to law. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, says on April 11, 2001, the house at 142 North 33,d Street Camp Hill, Cumberland County, Pennsylvania, was empty, The Post Office at Camp Hill, Pennsylvania, had no addreess change for David and lor Maryann Artz. R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the above Real Estate Writ, Notice Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: David L. Artz , by Certified Mail Return Receipt Requested, Restricted Delivery, Deliver to Addressee Only to his last known address 142 North 33'd Street Camp Hill, Pennsylvania. This letter was mailed under the date of April 18, 2001 andreturned to the Sheriffs Office on April 30, 2001 with the reason checked MOVED LEFT NO ADDRESS. R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the above Real Estate Writ, Notice Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Maryann S. Artz , by Certified Mail Return Receipt Requested, Restricted Delivery, Deliver to Addressee Only to her last known address 142 North 33'd, Street Camp Hill, Pennsylvania. This letter was mailed under the date of April 18, 2001 and returned to the Sheriffs Office on April 30, 2001 with the reason checked MOVED LEFT NO ADDRESS. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a pendency of the action to one of the within named defendants to wit: David L. Artz by regular mail to his last known address, 142 North 33rd Street, Camp Hill, PA. This letter was mailed under the date of April 30, 2001 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a pendency of the action to one of the within named defendants to wit: Maryann S. Artz by regular mail to her last known address, 142 North 33'd Street, Camp Hill, PA. This letter was mailed under the date of April 30, 2001 and never returned to the Sheriff s Office. ~~~<~ R. Thomas Kline, Sheriff By ~~~ .-:Dep..> srt:r-(.r,p ~~ , ~<" .-_..~.~'~_,.__.___~_;~_ .'0' '.____ ,_;. PAqE 1 DATE 5-01-~001 TIME 11:56:47 P@fEP V201 BPA9 DAVID L ARTZ 142 N 33RD ST CAMP HILL PA 17011-270 RPTD: ~-90 TO 2-01 U 9X SUB: 6004001 sS: 191-46-3499 YOB: 1956 E: CYBER WAREHOUSE COMPUT 2233 LINCOLN HWY EAST LANCASTER Pi'I RPTD: 5-98 TO 6-98 I ,/ E: c;ARDINAL TECH RPTD: 9-96 I *H2 N 23RD ST CAMP HILL PA 17011~3815 P'PTD: 9-98 I _______________________._______ FACS+ SUMMARY -----------~-------------------- !NPUT >'ROM FROM SSN ISSUED 1969-1972 ~ 2-01-01 INQ COUNT FOR SSN~O ~-01-01 INQ COUNT FOR ADDRESS~O _______-_______-__:____--______ PROFILE SuMMARY ---------------------------.--- puBLIC RECORDS---~---2 INSTALL BAL-----$l, 689 R ~STATE 8AL--$106,855 ~OT R~V BAL-----$1,079 INQUIRIES--lJ. INQS/6 MO-nO TRADELINE--17 PAID ACCT---7 CNT 14(26/23130 SATIS ACCTS---5 NOW DEL/DRG-n5 WAS DEL/ORG---? OJ"O TRADE-12-88 PAST DUE AMT---$21,688 SCH/EST PAY-------$142+ RESTATE PAY----$l,OSI TOT REV AVI\IL-nnJ.OO%.' ------_-__________________.____ SCORE SUMMARY -------------------------------- EXP(FMR ISAAC RISK SCORE 2 534 SCORS; FACTORS: 38, 18, 20, 10 _-------_______________-_______ PUBLIC RECORDS ------------------------------- *US BKPT CT PA HARRISBU 7-31-00 11-16-00 6004001 BK 7-DISCHG DI, 3322 2 . CUMBERV'ND CO PROT HONO 01: 295200 8-01-00 6011211 $119,822 CIV CL JUDG 2 PLAINTIFF: 02952-00 NATJONSCREDIT HOME EQU -----------------7----------------- TRADES ----------------------------------- SUBSCRIBER OPEN AMT-T'i!?l AM'l'-TYP2 ACCTCOND PYMT STATUS SUB# KGB TYP TRM ECOA BALDATE BALANCE PYMT LEVEL MOS REV PYMT HISTORY ACCOUNT # LAST PD MONTH PAY PAST DUE MAXIMUM BY MONTH 'NATlONSCREDIT 10-98 $107,185-0 FOREPROC DELINQ 180 1536040 FP R/C 30Y 2 3-05-01 $106,855 1-01 (18 ) 88869998BB888 4667002505191 8-99 $1,051 $18,922 84322 H fORECLOSURE ~RPCEEDING STARTED *. 'NORTHWEST CON 018 CO. 7-98 $6,~54-0 OPEN DELINQ 180 1561308 FP I/L 48 2 11-30-00 $1,000 10-00 (14 ) 6654321CCCCCC 33J.920 3-00 $142 $999 C .* SIMPLE INTEREST LOAN *. . FIRST USII BANK 7-93 $2,500-L $2,740-H INA(;~'IVE CUR WAS 90-2 1200320 BC CRe REV 2 6-30-96 $0 2-96 (37) 000eC21cCCCIC 510130100460 2-96 eC1CCC33221C ,'<>, . ~~-~""~"t,- . DATE: 5/16/2001 TIME: 10:16:55 '. CUMBERLAND COUNTY TAX CLAIM BUREAU ONE COURTHOUSE SQUARE CARLISLE PA 17013 LIEN CERTIFICATE PHONE 717 240-6366 FAX 717 240-6354 THIS DOCUMENT CERTIFIES THAT THE TAXES/COSTS DUE ON THE PROPERTY DESCRIBED BELOW, AS SHOWN BY THE RECORDS PROCESSED IN OUR OFFICE AS OF 5/16/01, ARE AS FOLLOWS. ******** DIST/CTL 1 1940 ******** ". ARTZ. MARYANN S. DAVID L. 142 N. 33RD STREET CAMP HILL PA 17011 21100-CAMP HILL S.D. STATUS C DATE 01/31/00 01/31/00 01/31/00 04/28/00 CODE DESCRIPTION 200 CTY-CAMP HILL 250 CLB-CAMP HILL 300 MUN-CAMP HILL 400 SCH-CAMP HILL BORD BORD BORD 01/31/00 201 FILING FEE 05/03/00 202 POSTAGE RET & CLAIM '"" SITUS-0142 N 33RD STREET PROPERTY-BELVQIR DESC -LOTS 132 & 133 PB 1 PG 16 -HOUSE BOOK/PAGE LAND USE ACREAGE VALUE 36N 914 R .160 9,140 VALUE C&G RECEIPT NO TAX 237,64 13,71 342,75 1498,96 PENALTY 23.76 1. 37 34.28 149.90 INTEREST 28.48 1.60 41.12 146.12 1999 TAX TOTAL 1999 FEE TOTAL 1999 YEAR TOTALS & BALANCE BALANCE DUE NEXT MONTH , , , , , , , , - - - , 01/18/01 200 CTY-CAMP HILL BORO 237.64 23.76 7.12 01/18/01 250 CLB-CAMP HILL BORO 13.72 1. 37 .40 01/18/01 300 MUN-CAMP HILL BORO 342.76 34.28 10.28 01/19/01 400 SCH-CAMP HILL 1540.09 154.01 46.20 01/18/01 201 FILING FEE 02/09/01 202 POSTAGE RET & CLAIM 2000 TAX TOTAL 2000 FEE TOTAL 2000 YEAR TOTALS & BALANCE BALANCE DUE NEXT MONTH MIse RECEIPTS - - - - - - - - - - - - - - - - - CLAIM TOTALS TOTAL DUE NEXT MONTH CHARGES 289.88 16.68 418.15 1794.98 2519.69 15.00 5.00 20.00 2539.69 CERT MAIL-R/C 984030 CERT MAIL-SALE MAP' NO 01-21-0273-186 PAYMENTS BALANCE DUE ,00 2539.69 2555.38 , , , , , , , , 268.52 15.49 387.32 1740.30 --------- 2411.63 15.00 5.00 --------- 20 ,00 2431 ,63 ,00 , - - , - , , , 4971.32 .00 , , , - - 2431.63 2447.63 4971.32 5003.01 Jjf~{~ VERIFIED ^'('~:i PAGE 1 INT ADDED EACH MO 1. 78 ,10 2.57 11.24 15.69 1. 78 ,10 2.57 11.55 16.00 31. 69 "'~_.'. ,~',. ",_ ._n' " .-,= .0'-',,"' '-.'< - ,-..I F ,- _..:,",- ,~ '--"""",,i'- -~~ -";'::~.' F- ---,.~.T.'C' ;~.", _,_",~,.__'~".'~:'. ~-''''''>' ~ ,. AFFIDAVIT I, Meghan Clark, depose and say that I conducted various investigative methods in an attempt to locate David Artz and his wife Maryann Artz, for the purpose of serving a civil action complain upon the aforementioned, Through research conducted within the Board of Elections in Cumberland County, Pennsylvania, it was determined that both David and Maryann Artz are registered to vote in at the address of 142 North 33rd Street, Camp Hill, Pennsylvania. Further investigations at the Cumberland County tax assessor's office yielded no record of either David or Maryann owning property within the county, A vehicle search done through the Pennsylvania Department of Motor Vehicles showed cars registered to David Artz at the above mentioned Camp Hill address. The computer record search was conducted under the name David Artz, This search also yielded the above mentioned address. A computer record search was conducted under the name Maryann Artz. This search again showed the previously stated Camp Hill address. At this time the postal carrier that services the 100 block of North 33" Street was contacted regarding David and Maryann Artz. At this time the postal carrier stated that there was no forwarding address for David and Maryann Artz, I find this Affidavit, consisting of one page and prepared on May 25, 2001, to be true and correct. l!fiJ{',.,~~ fLU.r" !o- ~~u-Gc-r.'J ~e f'1L r--~' '~,,' m...,__ . ,-t, _I - ,.'i'i'.; ~ ~ P. f'"..~ '.-'''-' ' : I '&:~[;"".'" , a-.-. , ". '" " -,'. '" '., ",__-"". . _ . _. ,~1 , -Iffj r~7 1 ~/f/~ 200{ .' ;:; ,<' ~.;""'...............c..""...~_,.,..._,.. PUT KN()ilI~j INFC'RMI'\:ION Ol~ UNES BELOW .--m_. .,,__ _~_Jitl_L}<0, "..__...,L-'--,-------HtJ::L---- ',' N.'l'T',e IGlrs\) (M,;,; (Last) __.._..._~~._.....,.. ,'^_,",.~'...._____~.,-_._~. ..,__.~__~\_..~~.,___,.._~_~_......._...__,.~--.,,---.-......"-_._ __ -., ~u~_.~~_.'T_~_._'~.~_.__:...."__ A.ddress Including Zip C\Jch"? __~,\f~ . ~Ot y~.f)..LLJk\3~'--.-,'----_-.------------~'-.-.------".-,_._,,~ ,t\,:ldltkmallrf()(,'r,,,ti(:n 12nd address alias, household f1"!embers, oper It, 0 (1,8, EItel ....,....~...--..............J\...........__..,-,-,-.,-_._--'*""....,..,~ ..,,_.~. .'.-..'-',,~., .'.--.'.~'.'--'--..------.-.--;-.--r--,._-_._-~-.._---------_..--t---'----~~..........._".......~.~.-,~~,..--,,-,..-,- .,~. ".-". h,j E:<pirV Yr/MElhe'!~"ocJ(!! KNlv\lli Title arjrJ'ol v (',~ OiECk: (X) BELOW FOR Q_E~mEQ INf'ORMATION (X! l,asic inlo 0!1 vehicle dat(l givM ) !rlslJr~noe as 01____,,_______ Vehlcl~ seerch 01 indi'lid\I\\1 ) Encutnbrance Ihiorecord of Irdlviduai de a I Title History HQUSf)rlOld ~3\lafch I, ) MO':\1 rfK~ent , I HOiJsehOld Searer. ( ) COMPLETE (See PennDOT Form Dl-135) PLEASE WlllTf NJY ADDITIONAL INSTRUCTIONS OR COMMENT IN THIS ,A,REAI .~~w~\!~ 1(), .~~tc,i 1'...,.1__ T_--.-....'. RES~F1VED FOR PAL.B COM~AENTS ( ) No reccrq Q" i\bov(~ individual a1 given address ( ) Did ",cwse~'old no racord fit given address :, ~_~_:~_::::::'O\.~2i~,z 1l!-.</-d ~~______~,_,,~___,____,_____~_,_,_' -,~----,-,----_._~"""""".,._....""""",~P..........-.._----"""""~--_._~'---,------,-,.....".,. ,,--,..... ....--. ",-~..--..,.~_.-..._-_.__._-~.;.._._-,-~---,_.__.....--~-----'-'--I_-""'-.'--._~'-~- .--..--.~_._-_.-.~-,'--~-- ,._.___._,~______.~......____._.~~~.w_____.~"_~-_~~~".__~_..,.~.., ....~_____.__..___..,.__.-'_._-,..-._-~~-~~,--L----..---~----~-~-'-",~.w.'._. .,.,..--.-...,--..,....... . ...'" .-, - -..---.-..-.-..----.--,.------.,.",---...-------..-----._.,."---._.._~"--,...........'~,_.~ 'J. Q'JNFR T1 Tl E NUMBER TAG NUMBER VIN MAKE MODEL RENEWAL WID PREVIOUS TAG LIENS STOPS ~ ~_.' ~._~. --~---- -- .--",-,....... ., " '~ Ii ------ .------'- \ -_.^,-..~~r; e, e\C. PENNSYLVANIA nEPA~TM~NT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 5/22/01 PAGE 1 =" "' ,....' ,.,-.,. 011420311000496 024 DAVID L & MARYANN $ AR1Z 142 N 33RD S1 CAMP HILL PA 17011 LESSEE NOllE , ,. (,2207141 PD7944B " JMIGD2224K171Z814 'rITLEl)ATE , I . REGISTRATION!i;XPIRV DAiTE: ,'ia~nY,'TYeE "'1)' l;riDOME'~~RREADIN6' I, .",:ifACfUAl0'/llitt!llGE' '." ; 'V,UPLICATE ntLE,'COutfl; , 'VEHICLE YEAR:') , , ,:,,',,.,, 'I' . I, L.~TOLEN DATl'!,';':i' MAZD,~ '.' 626,' "...,'. O1l2~4lJ~7bollZS9 ,73414ilP> '! "~~'~,';/U:":." 001 ,: , ..i:: :. ~; ;:: .,":::;;::::;:; " ,:'".. Tl Tl E BRAND I NFdllMA tfQN ':,.;:;:,;.;'::::;..;:;, :,' .>::>..':i,: :;;;'::..;,:.:i:ii:':.', ,:h'd;i:;~iin.<: ;':.~,:i':';' TITRe...'....," :'.:'":-:;,:;:}{i/i{!iJ;n;;.:' " ".., :<;;~ii\~;;><:,~;,:',:.;;:;. '. , :::i::;L; NO TITlE BRANDS ;E*'t'$t fOR THIS "". <J~?!,:; ..,.J".'" ." ',,'I; ;:;.'::::;,:."i' ",.....,..;"i:.:::;:,:-'. . ,il. ",. !!'!,!,i'iW"!.'Ji!: , " d, ..,..', . ;,,'.,,,. 'd !,.' >t",:, ;;,.,.:". " ,V' ADDRESS CORRESPONDENCE TO: DEPARTMENT OF TRANSPORTATION VEHICLE RECORD SERVICES PO BOX 68691 ~ARRISBURG. PA 17106-8691 INFORMATION, (7:00 IN STATE QUT-Of-STATE TDD IN STATE TDD OUT-OF-STATE WWW.DOT.STATE.PA.US 08/31/89 10/01 SDN 56,043* o 1989 AM TO 9,00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 , - _~J --, "L"J ,'.~k H .-", 'J'" .-1. ~, .C ~ - -,I MARKOWITZ & MARKOWITZ By: Andrew L. Markowitz, Esquire P A Attorney ID #28009 P.O. Box 373 Lahaska, PA 18931-0373 TEL: (215) 297-0411 FAX: (215) 297-5932 Attorneys for Plaintiff NATlONSCREDlT HOME EQUITY DISCOUNT COMPANY COURT OF COMMON PLEAS CUMBERLAND COUNTY v. CIVIL DIVISION - LAW DA VlD L. ARTZ, and MARYANN S. ARTZ NO. 00-02952 : IN MORTGAGE FORECLOSURE MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR ALTERNATE SERVICE OF PROCESS Under Rule 430 of the Pennsylvania Rules of Civil Procedure, this Court clearly does have the power to grant leave to use a different or alternate method of service than that required by Rule 3129, As Rule 430 states in paragraph (a): (a) If service cannot be made nnder the applicable rule the plaintiff may move the court for a special order directing the method of service, The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. In this case, at plaintiff s request, the Sheriff of Cumberland County and his Deputy attempted to make service of the Real Estate Writ, Notice Poster and Description on defendants, DAVID L. ARTZ and MARYANN S, ARTZ, at the mortgaged premises at 142 North 33'd Street, ,< " .~-'~h--'''_~ ""A", _~ --,"v.'" .^,.",~",_..,~,,- ~ "'>~.~. _'0 j,_ ;- -~- b( Camp Hill, P A 17011" which is also defendants' last known address, but found the property vacant and certified mail returned, marked "MOVED, LEFT NO ADDRESS", Subsequent thereto, plaintiff obtained a current credit bureau report showing such address to be the last known one for defendants. ::! Plaintiff's private investigator made a thorough search of County and Commonwealth records and neighborhood sources, only to discover that 142 North 33'd Street, Camp Hill, P A 17011 il is the last known address for defendants, k i ~ : Plaintiff has made a reasonable and good faith attempt to locate the defendants, but as set i-! I: l. forth in such Affidavits, has been unable to determine defendants' current whereabouts, !i Under these circumstances, it is submitted that plaintiff should be granted leave pursuant to Rule 430 to make service of its Notice of Sale of Real Property in the above matter on defendants, DAVID L. ARTZ and MARYANN S, ARTZ, by posting the mortgaged premises at 142 North 33'd Street, Camp Hill, PA 17011, and by regular and certified mail addressed to defendants at their last known address of142 North 33'd Street, Camp Hill, P A 17011. Alternatively, plaintiff would request leave to make service by any other means as the Court may direct. An appropriate form of Order is attached hereto. Respectfully submitted, By: ANDREW I{; , Attorneys for . MARKOWITZ & MARKOWITZ By: Andrew L. Markowitz, Esq. ID 11 28009 PO Box 373 Lahaska, PA. 18931 215-297-0411 NATIONSCREDIT HOME EQUITY SERVICES CORPORATION 10401 Deerwood park Boulevard Jacksonville, FL. 32256 vs. DAVID L. ARTZ and MARYANN S. ARTZ 142 North 33rd Street Camp Hill, PA. 17011 CIVIL NOTICE , You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twentY (20) days after this com. plaint and notice are served, by entering a written appearance personally or by attorney and filing in writ- ing 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 with. out further notice for any money claimed in the com- plaint or for any other claim or relief requested by the plaintiff. You may lose money or propertY or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAW. YER OR CANNOT AFFORD ONE, GO TO OR TELE- PHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, , LAWYE:R REFERENCE SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA. 17013 TEL: 717-249-3166 or 800-990-9108 '.", 00- ~9~ e'~l{Y~ :"- Attorney for plaintiff IN THE , COURT OF COMMON PLEAS OF' CUMBERLAND .. COUNTY DIVISION TERM, No. ,MORTGAGE FORECLOSURE 113010 ACTION A VISa Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificaci6n. Hace falta asentar una comparencia escrita 0 en persona o con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso 0 notificaci6n. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. U sted pued;, perder dinero 0 sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TlENE ABOGADO 0 SI NO TIENE EL DINERO SUFIClENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DlRECCI6N SE ENCUENTRA ESCRITA ABAjO PARA AVERIGUAR DONDE SE PUEDE CONSEGUlR ASISTENCIA LEGAL. SERVIC10 DE REFERENCIA LEGAL ,-," -,~~ ,-- c"_,'__" ,",," '0< '-l~;.~ ,~,.,,-,.. '-';".' "Ct_,., --~<",.'" ~;.._,' ; '.,. ,~__ "d-',., C__~ ,_ , I I , MARKOWITZ & MARKOWITZ By: Andrew L. Markowitz, Esquire P A Attorney ill #28009 P.O. Box 373 Lahaska, PA 18931-0373 Tel.: (215) 297-0411 Attorneys for Plaintiff NATIONSCREDIT HOME EQUITY SERVICES CORPORATION 10401 Deerwood Park Boulevard Jacksonville, FL 32256 v. DAVID L. ARTZ and MARYANN S. ARTZ 142 North 33n1 Street Camp Hill, PA 17011 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION - LAW IN MORTGAGE FORECLOSURE COMPLAINT 1. Plaintiff, NATIONSCREDIT HOME EQUITY SERVICES CORPORATION (hereinafter referred to as "NATIONSCREDIT"), is a corporation duly organized and doing business under the laws of the State of North Carolina, having offices at 10401 Deerwood Park Boulevard, Jacksonville, FL 32256 2, Defendants, DAVID L. ARTZ and MARYANN S, ARTZ, are the real owners and mortgagors and grantees in the last deed of record to the hereinafter described real estate located at -.1 "~ -'""-- .~--. ,~ ," - ~ ':..-- "-';;f;.;."",, _ "0 ,.,,'~- o,,_:'"'~" ,-,".',- . 142 North 33'd Street. CampHill,PA 17011, Tax Parcel #01-21-0273-186. Defendantsresideat 142 North 33rd Street, Camp Hill, PA 17011, 3, On October 26, 1998, defendants executed and delivered to WMC Mortgage Corporation (hereinafter referred to as " WMC") a mortgage upon the premises hereinafter described as security for the payment by defendants of certain sums due and owing by them under a promissory note executed by them on the same date in consideration for a loan made to them by WMC, Said mortgage is recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Mortgage Book Vol. 1505, page 619, and is incorporated herein by reference by virtue ofPa, R.c.P. ~ 1019(g), 4, On or about January 15, 1999, the aforesaid mortgage was assigned by WMC to plaintiffherein, said assignment being du1y recorded in the Office for Recording of Deeds in and for Cumberland County, the book and page number of such recording being not yet available, 5, The premises subject to the aforesaid mortgage is described in Exhibit "A", which is attached hereto and incorporated herein by reference, The address of the mortgaged premises is 142 North 33m Street, Borough of Camp Hill, Camp Hill, PA 17011, being tax parcel #01-21-0273-186, 6, The aforesaid mortgage is in defau1t because the required monthly payments due under the terms of the aforesaid note and mortgage have not been made for the months of September, 1999 through the present date, By the terms of the said mortgage, upon breach and failure to cure said breach after notice, all sums secured by said mortgage shall be immediately due and owing, ..... Ii.=.>. ",C-i.: " ,.',;'! '.,.'~" . ".,,1_ ,:, .- ,.. ,"--" "",;-,-,'. ',--.- "- "':1 I 7, The terms of the said mortgage further provide that iJ?- the event of default, defendants shall be liable for plaintiffs costs and attorney's fees, 8, The following amounts are due on said mortgage: $106,855.49 (principal balance) $ 4,315.43 (accrued interest through 4/30/00) $ 40,00 (late charges) $ 4,810,11 (pre-payment penalty) $ 800,00 (attorney's fees estimated for foreclosure) $ 75,00 (vrior costs and fees) $116,896,03 (total amount due) plus costs, interest at the rate of$33,25 per diem for each day after April 30,2000 until the entry of judgment, and interest from the date of judgment as provided by law, 9, Plaintiffhas demanded the total amount due from defendants, but defendants have failed to pay the same, 10, A written notice of defendants' rights under the Homeowners' Emergency Mortgage Assistance Act (Act 91), combined with a notice of intention to foreclose as required by Act No, 6, was sent to defendants on January 20, 2000 pursuant to the provisions of both of such Acts, a copy of said notice being attached hereto as Exhibit "B" and incorporated herein by reference, Defendants' application to the Pennsylvania Housing Finance Agency under Act 91 was denied by that Agency on April 25, 2000, ." 'I' . ,~ ,-' , ."f,~',,- ,.".-" ~J'-"-' - ; ~i "l,i q r,'l ,~ 'I 11. Pursuant to the Fair Debt Collection Practices Act, 15 U.S,C, ~1692 et seq. (1977), defendants may dispute the validity of the debt or any portion thereof. If defendants do so in writing within thirty (30) days from the date this pleading is received, counsel for plaintiff will obtain and provide defendants with written verification thereof; otherwise, the debt will be assumed to be valid, ~ Likewise, if requested within thirty (30) days of receipt of this pleading, counsel for plaintiff will send defendants the name and address of the original creditor if different from above, By: ANDREW Attorneys for Plaintiff II il II I, "~ II ~ l,l Ii "j ','.,', !j " I';' iil I, k~ i:~ PI 'I 1,'1" II: '1 ,I I Ii,,: 'i WHEREFORE, plaintiff demands that judgment be entered in its favor and against defendants in the amount of$116,896,03, plus costs, interest per diem and interest from the date of judgment as provided by law, ~,~",~"_..L . --I AFFIDA VIT ST ATE OF FLORIDA: COUNTY OF DUVAL: I, ANDREA OYLER, being duly sworn according to law, hereby depose and say that I " -' am Foreclosure Administrator of NATIONS CREDIT HOME EQUITY SERVICES CORPORATION, plaintiff in the above matter; and that I am authorized to make this Affidavit on its behalf; and that the facts as set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. Sworn to aDd subscribed this ). }71: day of UP,W',2000. , -v r-\lY Pu. OFFICIAL NOTARY SEAL 0.... "<~ DANA DENI$E BEVEL ~ ~r '.: -......,. .-.. ~ ~ if CC801782 "'1;- ~ MY COMMISSION!XPIRES OncO FEB, 1,2003 ,'.' ~ '~.' - - ~..~ ~Mi)" fl"" ",,"'.' ';."-'-' ". ',,,.. LEGAL DESCRIPTION r::" t :~.:,~. . AU, THAT ceRTAlN .itha.~ c>->L JXI'..'I.e...e. 0'~1d an.ct -Vj.t.n-s t>.rtd 6"'1.>'9 -i.rL .th... BO-'LotLSl. 0' e<vnp H-LU Cum6~ and. Co,.",no~ 011 P..........!I,e.....a.nA..ct.. ctc..&~6e.d d.& ,0,lt.l._ I Oil Tl-flil NORTH 611 Las.." S-b.I>.lU: I on .-th... E~ 611 I3Uua.u.. Au............' <>n ,-ti1.... ,gou-tl. 6JJ LO~ loll>. I 31 Ol\. .f;J1G. h.'""-....u~.uv.. men.:t.-Lo,.e.ct P.ltul;...1d 0/1. .the. W~ 611 ... ~e a.t.I.e.lI. ' ' lJeu/llI LOTS NO. - 1".)2 tUld 133 on. p.e..w. all L~dll " BUuo.u.." . BtvLOf.LJ!/k. 04 Ccunp f-I..L.U. . eumb4!4t.cv1d Col..U1.Jt.y J Pll.tU1A!J~aJt.-L:L,.a.a...t.d p1la.Ja. -'l.e..c:.0Itde..d -i.rL ~ R~_'''' 0,i4.l..a.e- .u.. cu1d -/1<>'1. Cwnbot.1t.land Cat.lWt1l .u.. p~ I.Iooh. ,No. I, _lie. 16. SAIP LOT !lO.n! CONTAINING T1IlEIITY (20 I 1I1>.l>.'t. .u.. '''-OM 0/1. BUuo-Vr. A""'\U4 CU\d ~uuU>~9 ba.ch. an. e."el1 w-tcLtJl 0/1.1>. :hWu:tI1e.ct wid ~-II-t"e. I 1251 'I",e.t: h> .th.... cr.4 OJ<e._ -<.C( 'J:1U.i>4.--l.<!. ~!I. SAIOt.or NO. 13JCONTAINING THIRTY-FOUR AND FIVe-TENTHS, [34,51 -tI...e.t: .ul 4"-0n.t. .... I3duo-Vr. A"ct1Ue- ..,ut ~t<lUJ1.9 ba.ch. alt....~e.ct o.nd _1.>1:1/-11-<'''''' 11251 ,...l>.'t. ~O .f;lt.a. <>-&.........-.Ld PtL6tle a.Lt.e.!I. ' HAVIIIO THEREON ERECTED a. .6-Ln9~ ""-Lc.h. and a..hurt.uwm ...~ t:.........e.. -.LeI. ~~e-6 6e.u.S /u..,.......... 142 ,N~' 33Jui ~e.e;t.. pl't,41nL6...... J ~-.tl...,:t.<<.~ .u1- .the C"w~ ,04 mQ.'Lc!' pc::tIL*,j AU e.a..~ ;, / NG THE SAME PREMISES which Maryann S, Artz and Rita FrataIIi, by deed dated September 22, 1993, and recorded in lh, ce of the Recorder of Deeds in and for Cumberland county on September 23, 1993, in Deed Book N, Volume 36, Page 914 lted and conveyed unto Maryann S, Artz and David L. Artz, her husband. '~-""""",~J~'''-~'~ - L.. - J _,,,"',,," , Date: JANUARY 20, 2000 . ACT 91 NOTICE TAKE ACTIOI~ TO SAVE YOUR HOME FROM FORECLOSURE NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM AND NOTICE OF INTENTION TO FORECLOSE MORTGAGE This is an official notice that the mortgage .on your home is in default,. and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. " Tosee.ifHEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counselintg Agencies serving your Connty are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired . hearing can call (717)780-1869). This Notice coutains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local. bar association may h'e able to help you. find a lawyer. LA NOTIF'ICACION EN ADJUNTO ES DE SUMA IMPORtANCIA, PUESAFECTA SU DERECHO A CONTINUARVlVIENDO ENSUCASA. SINO COMPRENDE EL CONTENIDODE ESTANOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (pENNSYL VANIA . HOUSING FINANCE AGENCY) SIN CARGOS. AL NUMERO MENCIONADO ARRIBA. PUEDES SER . . ELEGIIJLE PARA UN pRESTAMOPOR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDESALV AR SU CASA DE LA PERDIDA DEL . DERECHO AREDlMIRSUHIPOTECA. HOMEOWNER'S NAME(S):. DAVID L. ARTZ and MARYANN S. ARTZ PROPERTY. ADDRESS: 142 North 33rd Street Camp Hill,PA. 17011 '.1ft,; LOAN ACCT. NO.: ORIGINAL LENDER: #7002505191 WMC MORTGAGE CORP. .' CURRENT LENDERlSERVICER: NATIONSCREDIT HOME EQUITY SERVICES CORPORATION ,~ '-~""-''''"~'-:''''- . ~... ~~ .'"'...~~ ,,' - -..- ~ f"l!~i:J!j>fu.h . . HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS lFYOUCOMPL YWITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE" ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGmILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30}days from the date of this. Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counselingagencies listed at the end of this Notice. THIS MEETING MUSTOCCURWITHIN THE NEXT THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENClES- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone nnmbel"soCdesil!natedconsnmer credit counselinl! al!encies Cor theco~ntv ili which the property is located are seHortbat the end oHbis Notice It is only necessary to schedule one face-to~face meeting.' Advise your lender imm1ldiatelvofyour intentions, APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in.default forthe reasons set forth laterin' this.Notice( see following pages forspecific infunnation about the nature of your default). If you have . tried and are unable to resolve this prqblemwiththe lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mbrtgage Assistance Program.. To do so, you must fill out, sign and file a completed Homeowner' sEmergency Assistance, Program Application withone of the designated consumer credit counselingllgencieslisted at the end of;thisNotice. Only consumer credit counseling agencies have applications fortheprogramandthey will assist youinsubmitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filedorpostmarked within thirty (30) days of your face-to-face meeting. YOUMUST FILE YOUR APPLICATION PROMpT bY. lFYOUFAIL TO DOSOORIFYOUDO NOTFOLLOWTHE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAlNSTYOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. ~~>'Ii"'ilii'_I-'''~''''-- ,......., .- ~-~ .-~ ~ ~~,- AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will-be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agencybas sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedingsvvill be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency 0f its decision on your application. .. ' NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ,'c, ONLYANDSHOULDNOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (Ifyoll have filed bankruptcy you can still apply for Emergency Mortgage' Assistance). HOW TO CURE YOUR MORTGAGE DEFAULT(Bringit up to date). NATURE 0 F THE DEF A UL T- The MORTGAGE debt held by the above lender on your property located at: 142 North 33rdStreet, Camp Hill, PA. 17011 ISSERIOUSL Y IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Regularpaymentof$ 1,051.24 each for the months o,f SEPTEMBER, 1999 through and including JANUARY, 2000 Othercbarges (explain): Late charges of $80.00 plus legal costs of $37.50 TOTAL AMOUNT PAST DUE: $ 5,373.70 B.YOUHAVE FAILED TO TAKE THE FOLLOWING ACTION (EXPLAIN): N/A HOW TO CURE THE DEF A UL T,.. You may cure the default within TIllRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO TBKLENDER, WHICH IS $ 5 , 373. 70 , PLUS AN.Y MORTGAGE PA YMENTSANDLATE CHARGES WHICHBECOME DUE DURING THE. THIRTY (30)DA Y PERIOD,Pavments must be made either bv cash. cashier'scbeck. certified check o~ monev ord'er made oavableand sent-to: -, ',,,- Andrea Oyler" Foreclosure Administrator EQUlCREDJT CORPORATION OF AMERICA, 10401 DeerwoadParkBoulevard, &iICode #FL9-015-02-14 Jacksonville, FL 32256 You'cancure any other default by taking the following action within THIRTY (30) DAYS of the date of tbisletter: N/A ..," ~" -. I ".-~ . -""", C "I IF Y()U DO NOT CURE THE DEFAULT-Ifyo.u do. no.t cure the default within THIRTY (30) DAYS o.fthedate oftbisNo.tice,. the lender intends to. exercise its rights to. accelerate the mo.rtgage debt. This means that the entire o.utstandingbalance o.fthis debt will be co.nsidered due immediately and yo.u may lo.se the chance to. pay the mo.rtgage in monthly installments. Iffull payment o.fthe to.tal amo.unt past due is no.t made within THIRTY (30) DAYS, the lender also intends to. instruct its atto.meysto. start a legal actio.n to. fo.reclose upo.n vo.ur mo.rtl!al!e pro.pertv. IFTH&MORTGAGE IS FORECLOSED UPON- The mo.rtgaged property will be so.ld by the Sheriff to. payo.ffthe mo.rtgage debt. lfthe lender refers yo.ur case to. its atto.rneys, but yo.u cure the delinquency befo.re the lender begins legal proceedings against yo.u, yo.u will still be required to. pay the reaso.nable atto.rney's fees that were actually incurred up to. $50.00. Ho.wever, if legal pro.ceedings are started against yo.u, yo.u will have to. pay all reaso.nable atto.rney's fees actually incurred by the lender even if they exceed $50.00. Any atto.rney's fees will be added to. the amo.untyo.u o.we the lender, which may also. include o.ther reaso.nable Co.sts. Ifvo.u cure the default within the THIRTY (30) DAY period. you will not be required to pay atto.rnev's fees. OTHER LENDER REMEDIES- The lender may alSo. sue yo.u perso.nally fo.r the unpaid principal balance and all o.ther sums due under the mo.rtgage RIGBTTO CURE THE J1)EF AUL T PRIOR TO SHERIFF'S SALE- If yo.u have no.t cured the default within the THIRTY (30) DAY perio.d and fo.reclosure pro.ceedings have begun, Vo.u still have the ril!ht to. cure the default and prevenfthe sale at anv time liP to. o.ne (1) hour before the Sheriff's Sale. Yau mav do so bv payinl! the to.tal ,amount then past due. plus anv late chal1!es o.r o.ther chal1!es then due. reasonable atto.mev'sfees and Co.sts co.nnected with the fo.reclo.sure sale a'nd anv o.ther Co.sts co.nnected with the Sheriff's Sale as specified in writinl! by the lender andbv perfo.rminl! anv o.ther requirements underthe mort~al!e. Curing yo.ur d,efault in the manner set forth in this notice winl resto.re yo.ur mo.rtgage to the same po.sitio.n as if yo.u had never defaulte~, EARLlEST POSSffiLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such a Sheriff's Sale o.f the mortgaged property co.uld be held wo.uld be approximately five (5) months fro.m the date o.f this No.tice. A notice o.fthe actual date o.fthe Sheriff's Sale will be sent to. yo.u befo.re the sale. Of co.urse, the amo.unt needed to. cure the de1iwltwill increase the lo.nger yo.uwait. Y o.u may find o.ut at any time exactly what the required payment o.r actio.n will be by contacting the lender. BOW TO CONTACT TIlE LENDER: Name o.f Lender: Address: Pho.ne N um her: FlU Number: NATIONSCREDIT HOME EQUITY SERVICES CORPORATION EquiCredit Center.. 10401 l)eerwo.o.ll Park Boule, vard".TaeksQRvI'lIe. FL 32256 - .' Ma~1 Cone *FL9~\'115~1l2- IJ 800-759-6380 x. 73 5 39 904-457-4081 .." Contact Perso.n: Andrea Oyler, Foreclosure Administrato.r ~~'-- ~-~" ."~ri .~,~ .......,~...""""'" i.:c EFFECT OF SHERIFF'S SALE- You should realize thataSh,eriff'sSale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit toremovevou , iihd your furnisbings and other belongings could be started by the lender at any time. - ASSUMPTION OF MORTGAGE - You _ mayor ,xxxxxx may not(CHECK ONE) sell ot transfer your home to a buyer or transferee who willassume the mortgage debt, provided that all the outstanding payments,chargeslllld attorney's fees and costs are paid pi'iorto or at the sale and that the other requirements of the mortgage are satisfied. YOUMA Y ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROWMONEY , . FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HA VB THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEF AUL T OCCURRED,1FYOU CURE THE DEF AUL T (HOWEVER, YOU DO NOTHA VE THIS RIGHT TO CURE YOURDEF AULT MORETBAN THREE TIMES IN ANY CALENDAR YEAR).' TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY SEE ATTACHED. Very truly yours, NATIONS CREDIT HOME EQUITY SERVICES' CORP. Enclosure: List of Consumer Credit By: Andrew 1. Markowitz, Esquire Counseling Agencies Title: Attorney NOTE: Pursuant to the Fair Debt Collection Practices Act, if you dispute, in writing, this debt or anypertion thereof, we will obtain and mail to you verification ofsameand the name.andaddressoftheoriginalc~r, if different. lfyou donot dispute this debt within thirty (30) days after receipt of this letter, itwill be,assumed to be valid. ~".'- This communication is an attempt to collect a debt. Any information obtained hereby will be uied ror that purpose. / :/ 2870 STATEMENTS OF POLICY CCCS of Western PA 219-A College Park Plaza Johnstown, PA 15904 (814) 539-6335 Lycoming-Clinton Counties , . Commission Far Community Actwn (STEP) 2138 Lincoln Str""t p, 0, Box 1328 Williamsport, PA 17703 (570) 326-0587 . FAX (570) 322-2197 eccs of Northeastern PA 201 Basin Street Williamsport, PA 17703 (570) 323-6627 FAX (570) 323-6626 CLINTON COUNTY CCCS of Northeastern PA 1631 S Atherton St Suite 100 State College, PA 16801 (814) 238-3668 FAX (814) 238-3669 COLUMBIA COUl'<"TY 31 W. Market Street POB 1127 Wilkes-Barre, PA 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 "'Commission on Economics Opportunity of Luzerne County 163 Amber Lane W1lkes-Barre, PA 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1665-CALLBEFORE FAXING (570) 455-4994 HAZELTON FAX (570) 455-5631-CALL BEFORE FAXING (570) 836-4090 TUNKHANNOCK CCCS of Northeastern' Perinsylvania 1400 Abington Executive Park Suite 1 Clarlts Summitt PA 18411 (570) 587-9163 or (800) 922-9537 FAX (570) 587-913419135 Booker T. Washington Center 1720 Holland Street Erie, PA 16503 (814)453-5744 FAX (814) 453-5749 John F. Kennedy Center, Inc. 2021 East 20th Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 CRAWFORD COUNTY Greater Erie Community Action Committee 18 West 9th Street' Erie, PA 16501 (814) 459-4581 FAX (814) 456-0161 Shenango Valley Urban League, Inc 601 Indiana Avenue Farrell. PA 16121 (412) 981-5310 . eees of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisbutg, PA 17102 " (717) 541-1757 , Urban League of Metropolitan Harrisburg N, 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of the Capital Region 1514 Deny Street Harrisburg, PA 17104 (717) 232-9757 , , FAX (717) 234-2227 CUMBERLAND COUNTY Financial Counseling Services of Franklin 31 West 3rd Street Waynesbaro, PA 17263 (717) 762-3285 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 i I I PENNSYLVANIA BULLeTIN, VOL, 29, NO. '23. JUNE 5, 1999 ";- ~ ~ ~ !II ...t J!::;.'.ili '" , MARKOWITZ & MARKOWITZ BY: Andrew L, Markowitz, ATTORNEY 1.0, NO, 28009 ,p, o. BOX 373 lAHASKA,PA.1B931 12151297-0411 Esq. ATTORNEYS FOR Plaintiff NATIONSCREDIT HOME EQUITY SERVICES CORPORATION COURT OF COMMON PLEAS DIVISION TERM, vs. No. 2000-02952-CV DAVID L. ARTZ MARYANN S. ARTZ AFFIDAVIT OF SERVICE IN ACCORDANCE WITH RULE 3129.2(c) PA. R. C. P. COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BUCKS: I, ANDREW L. MARKOWITZ, being duly sworn according to law, hereby depose and say that I am counsel for plaintiff in the above matter, and that notice of the execution sale of the real property located at 142 North 33rd Street, Camp Hill, PA 17011 II !I iI .. ,~- Ii!! , ( to be served on defendants DAVID L. ARTZ and MARYANN S. ARTZ by certified mail, return receipt requested, on the 29th day of June, 2001 , XlID9X , in accordance with Rule 3129.2(c) (i) (B), and on the following persons, on the 29th day of June, 2001 }Q,~ by first-class mail, postage pre-paid, addressed as indicated: 1) DAVID L. ARTZ 142 North 33rd Camp Hill, PA (also certified mail to same address) Street 17011 2) MARYANN S. ARTZ (also certified mail to same address) 142 North 33rd Street Camp Hill, PA 17011 3) BOROUGH OF CAMP HILL 2145 Walnut Street Camp Hill, PA 17011 4) DOMESTIC RELATIONS SECTION COURT OF COMMON PLEAS Cumberland County Courthouse Courthouse Square Carlisle, PA 17013 Attached hereto and made a part hereof are the certificates of mailing and return receipt for certified mail referred to above. ANDREW L. Sworn to and subscribed .-rC before me thisc5LJ JL< 1..-1/ .;20() (, ~ V' ............. .' ,~~':. :n\l1f'II'UI'!II<, J.IlWtI(CiWlTZ, ~NII i,~~~~~_ , .llll!illlliiillllii ~,'--'"o .' -'II. dii~~1iM!ll~liIlir "'w~~it:'''''''''''~Mil~..:&i.~..- ..........""'~tiillllil. f"i~~ l,'~~ ., ~ ,'^'~ _~I'.r o o ~ -ot:P ~IT' 'jt.:P ~~. '2.0 ~~ :z, :2 - ~ ~) , 1"" '-0 ::t, ... "Ii II Ij ~ C1 --q tP. ? ~ .' ,-0 \-:~l:;;;;; _~~\fa ',1. --. 'c.~' ~~-~ ::(~ r~~'o /_,....-n 0,' ~ ::.<; I U.S. POSTAL SERVICE CERTIFICATE OF MAILING . .MAY ElE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROViDE FOR lNSURANCE-POSTMAST R Rsceived From: Markow1.tz, 373 PA. 18931 Andrew L. P. O. Belt Lahaska, One piece of ordinary mail addressed to: DAVID L. ARTZ 142 North 33rd Camp Q:ill, PA Street 17Q11 r \ PS Fa,m }8_1'LJ~.!'''1'.'Y 20Q1_ , ,~.S. POSTAL SERVICE CERTlFICA Te OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil DOES NOT ~OV1DE FOR INSURANCE-POSTMASTER ' , RecElivedFrom: 811dLew L. lVldrRuwi"t:.z, .t.;sq. P. O. Box 373 Om;! piece of ordinary mail ~ddressed -to: MARYANN s. 142 North Camp nill, ART? 33rd Street >',/\ 17011 \ , ' v corm 3817, January 2001 ~ ~:;~~~~~~~\\ , \ U,. M 2. P~~1OO: )l Restricted Delivery Fee r r (Endorsement Required) 1~~~~1~>,Y Total Posta9& & Fees $ ";,~.;;:13 ,~,;J;';'#" ~.~~:~~_t:~_~~:~~:=~~_~~i7\C~V;_O__~_~r:~~A/ir2_____________"__ Street,Apt.No.;orpOBOx~ '2.- III J]r--d J-r~ _mnnnnn'...'mmm_nn.n/'Y.m'''nmmn , ,"n_nn"',_'n_"'n_ CIty, Stole, ZIP+4 (jl1l tit (..[,. '" '" '" '" Esq. '" g~ ~ ~~ %l.Tl ~ r ~ :::t,Z ':D U'l ;3: _:c"'tl- g:g~~~1) 2'W7'00 -\~-"f' ~ -u :p :p '" en Affix fee here in stamps ". meter postage and. . '-",' of i ~ ;fi_, , .111'" '" B~ J)~ r- C: &- ~1\)"'~"1J.in co......, r:::(Jjm=r>J) ',;::! ;:0:. w!i?......"1J ::::~, ---t~.--;z> OfX - '0 -I '" if; rn U.S. POSTAL SERVICE Affix fee here in stamps or meter postage and post mark. Inqu!re of - Postmaster for current fee, CER'7IFICAT-E OF MAILING 1In'ky' BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER ~ecejvedFrom: Esq. Andrew L. r. O. BUA Lahaska, Markowitz, :313 PA. 18931 g; . H4l ~ ;,& !I~ f./S One piece of oroinary mail ad<:lresood to: BOROUGH OF CAMP HILT. 2145 Walnut Street Cane!) IIill, PA liBl1 '" "'~ '- &c::::; ::c> t.:; , r- c:: VI <;. J) , 1:0. 51\)--,;z:-"'O.~ tfl......... I t;::cof8::bJ) '(J'j. ~ C:, tv~""""1J (::I -I._,:e.Oo -, ~ _ 0 - '0 .... " if! rn I >'''SF",m 3817, January 2001 f M:;~~\ posfm~r' " ,," 2 9 20~f) Total Postage & Fees $ 'Yr t:.i ,{:/~JY _~~:~~_~~_~~:~~:=~~_;;J::'1(to;:,:~~-~~-----AJ-!~----------- Street, Apt. No.; or PO Box No. tt? r' ~ 'c,;y:Siii.:zip+4mm.. ",!<f,2-__!":-"m,..~,3..':'n_..~_""""" C,4t>1~ r/"..t 4? /701 Postage $ Certified Fee Return Receipt Fee (Endorsement Required) .J] <Q f1J I:] Certified Fee '" f1J I:] I:] Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) I:] I:] .J] 9. II:] , , I:] I c:f ! I'- ',,' o '3 ... '" - :-' '- " " C " -< N o "l - , . >d~.:~':'~~""::''''',--"" Postage $ 0-< 0 50, , om-;< "U ntl . 1:"''0 8' me! 0 ~ ~O> en 00 .' \>l . Om -1 c:~ 2 po p., ::00. ;t> !:<It<:! a \>lOti ~~ ~ 0 800 a en . ~ c"'" m 8 , ?;' ~o ;0 . d@ :::; OH ~ \>ltJj "m " ":In 3 0 I:"' ~~ [T1 ~ x . . 0" n!:<l 0 '0 0>)> ot<:! 0 :o-w:;<:: ~2 il "0 ~g; . -.Jill )>- . 0>2 . 0 wti ~~ n mm 08 !=f ..... ?;' ;0;0 "' ZH co ~ 2 ~ '< 0 \0 0 :;:; 'OZ w 1-" 2 n 1:"'00 ..... rT )> ~ ~ t<:! N " :0-00 )> m i" CIlt<:! 0 0 n t<:! 0 ." m s: 8 en 0> H 2 l> 0 '" r= z z G) IO-6~8~~OOO 0000 ~L'O$ :!:>,~~:!,~<'~-><;", lNnOW~ S3J."lJ503J.fNn IO,'6ZNnr ~ 1[681 ~d'~~S~H~l OI~d 3~81S0d 's'n ~~.-":"'li.<""-;""-;;:;"" l " . " ,." .'iL ,,', eGg,," ,:ie,';;""'''''''"'''' i, ,,,,~,,"":,,"i;j'''':''''i,i ,,' . " 'C' __, .il~ -',," .'"" .,_:,~_ -' ~'; ~'L]H " '. " 0 0' 0 ~ -n ,,,.. --; ~lB c:: ;-=,:D I Cl ,I :r: I -pm ZC :']'0 (J~-,i'.: f'-..J -'--.,;1 ,.. r::i~: . ~ " ;2" -,--".- ~~.~. f~~ ~~ 't1 ~ . ~ 0 ~ .;;:- ~ , ,l ~, '~ ,."'- .' ,} ~, .;I~l~t;\ ,- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CNlL DNISION NATIONS CREDIT HOME EQUITY SERVICES CORPORATION vs. DAVID 1. ARTZ MARYANN S. ARTZ 00-02952 CV PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE To the Prothonotary: Issue writ of execution in the above matter: Amount $ I 19,822.03 Interest accrued from 08/01/00 to 06/06/01 $ 6,107.00 Other costs $ Total $ NOTE: Please attach description of property. ANDREW. PO Box 373 Lahaska, PAl ,. , ,~, .- .,' <'.- " ,,- ;,." -~ ,~ .,;',i., '" .~ ,. " NATIONS CREDIT HOME EQUITY SERVICES CORPORATION vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA 00-02952-CV DAVIDL.ARTZ MARYANN S. ARTZ WRIT OF EXECUTION (Mortgage Foreclosure) Commonwealth of Pennsylvania County of Cumberland TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYL V ANlA: 11 To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property (specifically described property below): ALL real property and improvements located at 142 North 33rd Street, Borough of Camp Hill, Camp Hill, PA 17011. BEING Parcel No. 01-21-0273-186, and as more fully described in attached description. Amount Due Additional Interest from 08/01/00 to 06/06/01 Plus Costs Total $ 119,822.03/ $ 6,107.00 $ $ (Clerk) Office of Judicial Support, Common Please of Cumberland County, P A Dated (SEAL) llfi. L', ~"' .'. '" - a ~ :> CJ 1 N V) 0- N o . o o o Z 'N,~,,< ,'u" __." '"I" '~!Oi~ ;j-~ 00 ~ .... ~ ~ ~ ~ ~ 0 g ~ I..lr..z r..o< o ; ~ ~ o ~ I..l I..l !il Eo< Z ... ,._...",y.". ~ ...z go ~f:: ~~ ::c~ f-<o .....u ~~ uu 00;> ~~ .....~ f-<rIJ ~ .cO< .'~' ,- < , . J" , ~ ,. ~ .5 '" 1i: N Ng g< <00 ~ ~~ ~~ . '" '-. ..,,,,',' ~ -g ~ " o z 0,...., ~ f ~ ; U~ ~ f ~ 0 ~~ ~~ 01:llJ t ~~ ~ cc". ,,~, ", ",,"'" , '-, j 6 00 ~ ~. ~ E o~ CX) ~'.;:I .-<.-< ~,::IM .-< ~'ar- ~ -("1"').::(0 ~ ""I . ;...:><: r- .... <S 0 .0'1 C> "'>!I III N ;;> >. .-: I gz a . ~;;;- CloO.c::.-< Z t " IllN <<""..:1- l~ - .~ M.' ]1(.<: . PKOPERTY DESCRIPTION ALL THAT CERTAIN tract or parcel ofland and premises, situate, lying and being in the Borough of Camp Hill in the County of Cumberland and Commonwealth of Eennsylvania, more particularly described as follows: . BEGINNING on the North by Logan Street; on the East by Belvoir Avenue; on the South by Lot No. 131 on the hereinafter mentioned Plan; and on the West by a public alley. BEING LOTS NO. 132 and 133 on Plan of Lots of "Belvoir", Borough of Camp Hill, Cumberland County, Pennsylvania, said Plan recorded in the Recorder's Office in and for Cumberland County in Plan Book No.1, Page 16. SAID LOT NO. 132 CONTAINING twenty (20) feet in front on Belvoir Avenue and extending back an even width orehundred and twenty-five (125) feet to the aforesaid public alley. SAID LOT NO. 133 CONT AlNlNG thirty-four and five-tenths (34.5) feet in front on Belvoir Avenue and extending back one hundred and twenty-five (125) feet to the aforesaid public alley. RAING THEREON ERECTED a single brick and aluminum split level, said premises being know as 142 North 33rd Street. BEING PARCEL No. 01-21-0273-186. BEING the same premises which Maryann S. Artz and Rita Fratalli, by Deed dated 09/22/1993 and recorded 09/23/1993 in the County of Cumberland in Deed Book N, Volume 36, Page 914 conveyed unto Maryann S. Artz and David 1. Artz, husband and wife, in fee. SEIZED and taken in execution as the property of David 1. Artz and Maryann S. Artz under Judgment No. 00-02952. ,--,. -'~fiI_~""'" _1!lirlm\~~,jojj,cj,,"f{fW!@j1l> '. _.' =oi~"";-'-";t""-"";;:Mm!Mrli~dmI ;jja.iIIi_"'~B \?9~ ,.fJ,;.'y'c,.-- - C) "'<:' <><:) -t - ~ L}./ ~ '~'.'> "~ " ~'I"f~"'1'_ ,.-,>~""'_'.,,,",'1'<>" -t<.,~ ~. ',.. ~'d I"'"-G \' ,:: -. <->. c:::l '.' ~c.., -, (. 0 , r:~ \ ()-\ ~ ,<::) '. 'l!lIilIi!I~~:&.. ~~ ~ ('-' c~ - G-, ~, h-~ -...J (>\ ,- \ ~ ~ ~ '\.>" 'cd \) ~ u.. C! (") c: "7 :~'. IJCQ nlf" Z-IJ -?r' (02e: -<.r.:. GCJ "" ~Q --Li )>c: Z ~ C) (), -n :J~ S; J] ;~~ !5~('5 ..". r'')rn '=-l >- :Q ,- -v -..,,- ~~,'.... !:Y ~:.:> c-v -.\1. . ,- (0) , -,-, - """' -".,'-- '~.', > , ~ , '..t- . ., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYL VANIA vs. 00-02952 , i Ii I I I' I I I' i , I i t I i t !: ,: NATIONS CREDIT HOME EQUITY SERVICES CORPORATION DAVID 1. ARTZ MARYANN S. ARTZ AFFIDAVIT PURSUANT TO RULE 3129.1 Nationscredit Home Equity Services Corporation, plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution was filed to following information concerning the real property at 142 North 33'd Street, Camp Hill Borough, Camp Hill, PA 170 II. 1. Name and address ofOwner(s) or Reputed Owner(s): David 1. Artz Maryann S. Artz 142 North 33'd Street Camp Hill, PA 17011 2. Name and address of Defendant(s) in the Judgment: David 1. Artz Maryann S. Artz 142 North 33'd Street Camp Hill, PA 17011 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Borough of Camp Hill 2145 Walnut Street Camp Hill, P A 17011 4. Name and address of the last recorded holder of every mortgage of Record: NONE OTHER 5. Name and address of every other person who has any record lien on their property: NONE OTHER .', 'j~ - , .".,~-"--. . - . '. 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: NONE OTHER 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: Domestic Relations Section Court of Common Pleas Courthouse Carlisle, P A 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 P A C.S. Sec. 4904 relating to unsworn falsification to authorities. Dille: March 9, 2001 . " -~. - . '''tj l I" , I, ['I :;! i,! , r~ :~i ,^! " i'" ~i [.j I~ 1'1 i,1 !: i;: i-; ;;; ';i 1-.: !:i , ..' ;~ , iIIi""""~ .'d..: '-' < ~, '.f"'"'''' "~~ .~~, -~". -~. _ _ "" ~b-. - - ,~ , .. - .. ~"~ii'<ltr~;-""'"~ ~ """" -, " 0"," "" . -~ " C") fi; -O"~ rr'i,'f ~::zi "" r-- ~~~' C:<'; );;;0 <:0 -0 :SO ~ ~ ~ ,-- '.~- ~~- ,,- ". . >0 '- o '<'1 , :lr ~. ,..,~ ::0::> .~ ;-2FG ,[1:] i,,,,,J'---f _J L S:J!; sj ::d <0 om j;! ::J;J -<: -. ~. f\.) " <v r", I . ..., ... - "- ~~ ~ - ~ ~bo'4f!iIiJ ,.~. -~ '.d...olOli_'I""""",,",~_"'~~~~'~ ~ ~--~~ MARKOWITZ,&-MARJ{()WI'I'Z Andrew 1. Markowitz, Esquire P A Attorney ill #28009 PO Box 373 Lahaska, P A 18931-0373 Tel.: (215) 297-0411 Attorneys for Plaintiff NATIONSCREDIT HOME EQUITY SERVICES CORPORATION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs. 00-02952 -cv DAVID 1. ARTZ MARYANN S. ARTZ NOTICE OF. SALE OF REAL PROPERTY TO: David 1. Artz Maryann S. Artz 142 North 33rd Street Camp Hill, PA 17011 Your real property at 142 North 33rd Street, Borough of Camp Hill, Camp Hill PA 17011 is scheduled to be sold at Sheriff's sale on June 6, 2001a>cl0: 00 a .m. in the Commissioners Meeting Room, * to enforce the court judgment of $119,822.03 obtained by Nationscredit Home Equity Services Corporation against you on August 1, 2000. *at the Cumberland County Courthouse, Carlisle, PA 17013. NOTICE OF OWNER'S RIGHTS NOTE: This law firm is a debt collector and is attempting to collect a debt on behalf of plaintiff in this matter. This notice is an attempt to collect a debt and any infonnation obtained hereby will be used for such purpose. ,"~-^~ ~-.."~~ ........._"" -~.., ~ &i!t:'i; ""..... ~ .l.. NOTICE OE-OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT TillS SHERIFF'S SALE To prevent this Sheriff's sale you must take immediate action: 1. The sale will be cancelled if you pay to plaintiff, the amount of the judgment plus costs, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Andrew 1. Markowitz, Esquire at 215-297-0411. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney). YOU MAY STllLLBE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calIing the Sheriff at 717 - 2 4 0 - 6 3 9 0 . 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call the Sheriff at 717 - 2 4 0 - 6390. ' 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money that was paid for yo1Jl' property. A schedule of distribution of the money bid for your property will be filed by the Sheriff within thirty (30) days of the' sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with the schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. ~, \, J;. i,v' ~-' ~.~ fv~ -~ ~ 7 . You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the saie. YOU SHOULD 'fAKE TIDS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 1-800-990-9108 717-249-3166 M~"~;IllI"~~)j - ......,,.,,;jj~~;;lij.:Jlm~'M~~!!I1lllI~~."~~~' ,'"""""''IIiii~- ltl. cO ......."S:- tjf6'", ;;;::rJ} 0(/ :::c,-~-' ~~>. j;5,'i ~tr ff , -,....,....-l~.~:...'l., ,"-' ~"'d;:" 52 """ ~"'" -~,;;;;, ~ ..... -0 [) Ii .~:..~ " ';,::=;: ;::?'fJ ~'>y(..... '.' .~_J LYf;' _:i;'}~ ~0 '..!;~ ~ 0) ""4:' ~ I~ \) II~I ~' .'_"r"- _"", . -.'i~,,';, _, - L :.' -L~ "'; 'J ,~ ,t'.- ~',,' ...-..: MARKOWITZ & MARKOWITZ Andrew L. Markowitz, Esquire P A Attorney ID #28009 PO Box 373 Lahaska, PA 18931-0373 Tel.: (215) 297-0411 Attorneys for Plaintiff NA TIONSCREDIT HOME EQUITY SERVICES CORPORATION COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA vs. 00-02952 DAVID L. ARTZ MARYANN S. ARTZ CERTIFICATION AS TO THE SALE OF REAL PROPERTY TO THE SHERIFF: I hereby certify that I am counsel for plaintiff in the above matter against real property and further certify this property is: [ ] Not subject to Act 91 [XXX] Is subject to Act 91 of 1983 and that plaintiff has complied with all provisions of said Act. I further agree to indemnify and hold harmless the Sheriff for any false statement given Andrew . herein. L ,," ilIiI' ~~ ~ ,_~'"h~ ,: ='. ._-~ - ~,~ "~'. ,;." ", ~~ ,;~~,c. . ,...... .~ ,. 0 C:, r) C ..;of--; S; 3:: --' -om ~ -::~-n m,,: ::0 ~~' -',jj! ~ -~10 (/)?: .c- " 1 ~~, -~~:! (~ ~c:! " ~1"" ,;::-):D ~o ::k :0;..0 :>2 r:-? arn S' ~ w 55 f'0 --< - -...' , ." --~'''~"' Form QIS-l0(Ofliciql Form 18) , (9/97) 142 NORTH 33RD STREET CAMP Hill, PA 17011 UNITED STATES BANKRUPTCY COURT --"---M1fIDt:E-Bt8'ffil6'f OF PENNSYLVANIA- ) ) ) ) Case Number: 00-03322RJW-1 ) ) ) ) ) Chapter: 7 ) ) ) Debtor ) ) ) ) ) ) ) Joint: 188-46-6304 In Re: ARTZ, DAVID l - ARTZ, MARYANN S 142 NORTH 33AD STREET CAMP Hill, PA17011 Social Security No(s).: Debtor: 191-46-3499 DISCHARGE OF DEBTOR It appearing that the debtor is entitled to a discharge, IT IS ORDERED: The debtor is granted a discharge under section 727 of title 11, United States Code, (the Bankruptcy Code). Dated: November 16,2000 SEE BACK SIDE OFTtIlS ORDER FOR IMPORTANT INFORMATION 028465 .._-..J"""~llilllW:l~~~~lIlitti~,"'Jl.jj*,,~,~W~~~..; , ~1IiiiiilIi!i\ll"_ ~. , ^~rR!lMIll o c ~ ;:gfri ""ref; '5:f' C75,J> r;~E.~ ~o :i> 20 :sO ~ =< ~,- - ry w r", . o o -'q '- ::!:: :z,;. =0 :.!";--.., '! :;--2 l~~ C5m );! :v -<: -- ~) ::% , l , ~-~_. ~.!f I SHERIFF'S RETURN - REGULAR CASE NO: 2000~02952 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONSCREDIT HOME EQUITY VS ARTZ DAVID L ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pensy1vania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ARTZ DAVID L the DEFENDANT , at 0018:35 HOURS, on the 24th day of May , 2000 at 142 NORTH 33RD STREET CAMP HILL, PA 17011 by handing to MARYANN S. ARTZ a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 9.30 .00 10.00 .00 37.30 r~Ii~~~~ R. Thomas Kline OS/26/2000 MARKOWITZ & MARKOWITZ Sworn and Subscribed to before By: 7~A-?/ fJjITf? Deputy Sheri me this .l. ~ day of ~ ~WO A.D. ~ t2 ~/ 4fv?' Prothonotary , -- ~ -~ ,I f \ SHERIFF'S RETURN - REGULAR CASE NO: 2000-02952 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONS CREDIT HOME EQUITY VS ARTZ DAVID L ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pensy1vania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ARTZ MARYANN the DEFENDANT , at 0018:35 HOURS, on the 24th day of May 2000 at 142 NORTH 33RD STREET CAMP HILL, PA 17011 by handing to MARYANN ARTZ a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answ~~ '..P' ~ ~~J'!r'~1' ~ -~ R. Thomas Kline OS/26/2000 MARKOWITZ & MARKOWITZ Sworn and Subscribed to before By: 7h~ i/. Deputy Sheri~ me this ;}-...< day of ~ ,;lom) A.D. ~ a. hrJ ".-~ 1/ q"'i Prothonotary I ~ "nJIlI ~ I MARKOWITZ & MARKOWITZ BY: Andrew L. Markowitz, Esq. ATTORNEY 1.0. NO, 28009 P. O. BOX 373 LAHAsKA,PA.1B931 (215)297-0411 ATTORNEYS FOR plaintiff NATIONSCREDIT HOME EQUITY SERVICES CORPORATION vs. DAVID L. ARTZ MARYAl\iN S. ARTZ 10."";';;'" COURT OF COMMON PLEAS DIVISION TERM, No. 00-02952 IN MORTGAGE FORECLOSURE PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter default judgment against defendant DAVID L. ARTZ and MARYANN S. ARTZ for failure to answer or respond to the Complaint within the time required by the Pennsylvania Rules of Civil Procedure. Pursuant to Rule 1037 and 1141 of the Pennsylvania Rules of Civil Procedure, kindly assess damages as follows: $ 75.00 (prior costs) $ 106,855.49 (principal balance) $ 4,3l5.43(accrued interest to 4/30/00) $ 2,926.00 (interest 5/1/00-jdg @ $33.25 pd) $ 8~R. RR(attorn~y.tse feheasl)ges) $ 4,8~tl:~~ (pre-payment penalty) $ 119,822.03 (Total) I I, Ii By: MARKOWITZ ITZ "'-iiIl~ lIi!r'"" ~ ~ I ~l(XK~X~XJRX FROTHONOTARy OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS >>>>KK~~XOOXK~XK~~~X~KX~X~X~XX Courthouse, Carlisle, PA 17013 . . To: DAVID L. ARTZ MARYANN S. ARTZ 142 North 33rd Street Camp Hill, PA 17011 . . NATIONSCREDIT HOME EQUITY SERVICES CORPORATION COURT OF COMMON PLEAS (pr~~County) CUMBERLAND Term, 19 i , i rl ~ 'I 'I I 'I :1 vs. 00-02952 DAVID L. ARTZ MARYANN S. ARTZ No. NOTICE Pursuant to Rule 2j6 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment bas been entered against you in the above proceeding as indicated below. ~btXXXXlOOlIDI:gf{~ ProthonotoM) >>XX Judgment by Default o Money Judgment o Judgment in Replevin o Judgment for Possession o Judgment on Award of Arbitration o Judgment on Verdict o Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY Andrew L. Markowitz, Esquire lInSf!rt Altomr;' s N 1Im~) at this telephone number: 215-297-0411. 5-60 17i {;l:....... l178l "Iir' - "~" I MARKOWITZ & MARKOWITZ BY: Andrew L. Markowitz, Esq. ATTORNEY 1.0. NO. 28009 p, o. BOX 373 LAHASKA. PA. 18931 (215) 297-0411 ATTORNEYS FOR NATIONSCREDIT HOME EQUITY SERVICES CORPORATION COURT OF COMMON PLEAS DIVISION TERM, vs. DAVID [,.. ARTZ MARYANN S. ARTZ No. 00-02952 ~ ! AFFIDAVIT OF NON-MILITARY SERVICE i , I , I I i I I I I ! i II , I , I I , COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BUCKS:' I, ANDREW L. MARKOWITZ, being duly sworn according to law, hereby deposes and says that the defendants DAVID L. ARTZ and MARYANN S. ARTZ are over the age of twenty-one years and that defendants are not in the military service or naval service of the United States or its Allies or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act amended, and that defendant reside at 142 North 33rd Street, Camp Hill, PA 17011. I, I II Sworn to and subscribed before _._.. h' Zh -r.d' fU"jL.7JZ"Od'Jm;~ii\L SeAL ANDJ he ~/S ' a 0 I SUSAN J. 'MAffi?O\l\l,'TZ, Notary Publici Solebury Twp., Bucks County M Commission ExplrBS June 26. 200.,. 1 1IIi- "~ il'!IlI!i>I_-;o I MARKOWITZ & MARKOWITZ BY: Andrew L. Markowitz, Esq. ATTORNEY 1.0. NO, 28009 P.. O. BOX 373 LAHASKA,PA.1B931 12151297-0411 ATTORNEYS FOR I i 1 i NATIONSCREDIT HOME EQUITY SERVICES CORPORATION , COURT OF COMMON PLEAS DIVISION TERM, vs. DAVID L. ARTZ MARYANN S. ARTZ No. 00-02952 CERTIFICATION OF COUNSEL I, ANDREW L. MARKOWITZ, counsel for plaintiff in the above matter, do hereby certify that I caused a copy of the accompanying ten-day notice of default to be served on defendants DAVID L. ARTZ -- and MARYANN S. ARTZ by placing a copy of same, on June 21, 2000 , in the Uni ted States mails, postage pre-paid, addressed to defendants at their last known residence of 142 North 33rd Street, Camp Hill, PA 17011. ANDREW L - "~ - ,11 ~ ~:",: OFFICE OF THE PROTHONOT AR Y COURT OF COMMON PLEAS ~~I"~XX~X~XX~~~X~~XEX~~ Courthouse, Carlisle, PA 17013 Ji))tM:]!J{XK~l!Xl1G~X. PROTHONOTARY . To: DAVID L. ARTZ MARYANN S. ARTZ 142 North 33rd Street Camp Hill, PA 17011 . NATIONSCREDIT HOME EQUITY SERVICES CORPORATION vs. DAVID L. ARTZ MARY ANN S. ARTZ . Date of Notice: JUNE 21., 2000 , :"~ Certified Mail No. . COURT OF COMMON PLEAS (RROCOCdel:~X County) CUMBERLAND Term, 19_ No. 00-02952 NOTICE, RULE 237.1 IMPORTANT NOTICE You are in default because you have failed to take action required of you in this case. 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 follow- ing office to find out where you can get legal help. NOTIFICACION IMPORTANTE Usted se encuentra en est ado de rebeldia por no haber tomadola accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de esta notificacion, el tribuna podra, sin necesi- dad de compararecer usted en corte 0 escuchar preuba alguna, dictar sentencia en su contra, usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente si usted no tiene abogado, 0 si no tiene dinero suficiente para tal servicio, vaya en persona 0 Harne NOTICE: This law firm is a debt por telefono a la oficina, cuya direccion se collector and is attempting to encuentra escrita abajo para averiguar donde collect a debt on plaintiff I s behalf. se puede conseguir assistencia legal. Any information ~btai~ed will be used for such purpose. . Lawyer Keterence :>ervlce ServlclO De Referencla Lega'! WltleIDiKXlHK~~f{~X1iO& CUMBERLAND COUNl'JN~KE!i~~{:S~~so ~~~~~K3~X BAR ASSOCIATION ~~~~~~ m~~jj:yq~~~x:j{~x 2 Liberty Ave. ~~~M~Jl;:3lroQ{ '~~ Carlisle, PA 17013 x~~ TEL: 717-249-3166 or 1-800-990-9108 IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Andrew L. Markowitz, Esquire (Name of Attorney or Plaintiff) P. O. Box 373, Lahaska, PA. 18931 (A ttorney's or Plaintiff's Address) at this telephone number: 215-297-0411 5-154 ~.,. ~ "".~ - "~ ~ - ~~ . L!2' ~ ~n 1,-, '. STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } SS. Robert P Ziegler ~ --___________________________________________________o________________________Ilecorderof Deeds in and for said County and State do 'hereby certify that the Sheriff's Deed in which ________________ Nationscredit Home Equity Serv Corp ---------------------------.------------____________________________________________ m the gr.antee 1st the same having been sold to said grantee on the _______________________________________n______ day of 01 n___' under and by virtue of a writ______________ 14th Execution . _____n_____________________ __________ ___ nn_n ISSued on the ___ ___ __n_n ___ _nnn_ _____________ 01 _____) out of the Court of Cornman Pleas of said County 'as of August AD' ________________________________________ . ", 1 March day of __________________________ A. D., Civil __________________________ ____.... __ n___ ___ __ _____ ____ _____ _______ n __n __n_ _ _____ Term, : 2000 .. . Nationscredit Home Equity Serv Corp Number __29.5..Z._______, at the SUIt of __n__________n__n______________n______________n___________ David L Artz & Maryann S ___________________________________ against_ n_ ____ n ___n _ _________ n________ ____ ______ ____ __ _ is 248 2580 duly recorded in Sherifr. Deed Book No. n_n___n__' Page ____________. IN TESTIMONY WHEIlEOF, I have hereunto set my hand and seal of said office this ___:l:k___ day of _______;[~'C_________n___ A. D., ~L ~--~-----R;~;d,;;.-~i~ """'"'......_1"" ~ '" . .'" ".=""~J1lQ. , Nationscredit Home Equity Services Corporation VS David 1. Artz and Maryann S. Artz In the Court of Common Pleas of Cumberland County, Pennsylvania No.2000-2952 Civil Michael Barrick, Deputy Sheriff, who being duly sworn according to law, says on April 11, 2001 at 1:34 o'clock P.M. EDST, he posted a copy of Real Estate Writ Notice Poster and Description on the property of David 1. Artz and Maryann S. Artz located at 142 North 33rd St. Camp Hill, Cumberland County, Pennsylvania, according to law. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, says on April 11, 2001, the house at 142 North 33rd Street Camp Hill, Cumberland County, Pennsylvania, was empty. The Post Office at Camp Hill, Pennsylvania, had no addreess change for David and lor Maryann Artz. R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the above Real Estate Writ, Notice Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named d~fendants to wit: David 1. Artz , by Certified Mail Return Receipt Requested, R~stricted Delivery, Deliver to Addressee Only to his last known address 142 North 33rd Street Camp Hill, Pennsylvania. This letter was mailed under the date of April 18, 2001 and returned to the Sheriff's Office on April 30, 2001 with the reason checked MOVED LEFT NO ADDRESS. R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the above Real Estate Writ, Notice Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Maryann S. Artz , by Certified Mail Return Receipt Requested, Restricted Delivery, Deliver to Addressee Only to her last known address 142 North 33rd Street Camp Hill, Pennsylvania. This letter was mailed under the date of April 18, 2001 and returned to the Sheriff's Office on April 30, 2001 with the reason checked MOVED LEFT NO ADDRESS. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a pendency of the action to one of the within named defendants to wit: David 1. Artz by regular mail to his last known address, 142 North 33rd Street, Camp Hill, PA. This letter was mailed under the date of April 30, 2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a pendency of the action to one of the within named defendants to wit: Maryann S. Artz by regular mail to her last known address, 142 North 33rd Street, Camp Hill, P A. This letter was mailed under the date of April 30, 2001 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on August 1,2001 at 10:00 A.M., E.D.S.T., and sold the same for the sum of $1.00 to Attorney Andrew Markowitz for Nationscredit Home Equity Services Corp. ~........ H_~2': It being highest bid and best price received for the same, Nationscredit Home Equity Services Corp. of 10401 Deerwood Park Boulevard, Jacksonville, FL 32256, being the buyer in this execution paid SheriffR. Thomas Kline the sum of $894.54, it being costs. Sheriff's Costs: Docketing Poundage Posting Handbills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed 30.00 17.54 15.00 15.00 30.00 10.00 .50 1.00 8.68 16.68 15.00 30.00 307.25 300.30 25,09 25.00 2L.5.Q $814.54 Sworn and Subscribed to Before Me ;;-~:~,<~~ R. Thomas Kline, Sheriff This .3;o.vt Dayof {)ffJ~. . 200l,A.D.~ C. ))"Li,,,.'~ Prothonotary Byi)tdM~ Real Estat'e Deputy ~ 3:J ,uU fuJu: L~D (~ 3103(., uL 1/1.2/) __.... _~~ M~. _~ __, 4 ._i =< ]l;j ~'ilIffi,'L "'- -, IN THE COURT OF COMMON-PtnA:S-erFetlMBERLAND COUNTY. PENNSYLVANIA NATIONS CREDIT HOME EQUITY SERVICES CORPORATION vs. 00-02952 DAVID 1. ARTZ MARYANNS.ARTZ AFFIDAVIT PURSUANT TO RULE 3129.1 Nationscredit Home Equity Services Corporation, plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution was. filed to following information concerning the real property at 142 North 33rd Street, Camp Hill Borough, Camp Hill, PA . 17011. 1. Name and address ofOwner(s) or Reputed Owner(s): David 1. Artz Maryann S. Artz 142 North 33rd Street Camp Hill, PA 17011 2. Name and address ofDefendant(s) in the Judgment: David 1. Artz Maryann S. Artz 142 North 33rd Street CampHill,PA 17011 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: . Borough of Camp Hill 2145 Walnut Street Camp Hill, PA 17011 4. Name and address of the last recorded holder of every mortgage of Record: NONE OTHER 5. Name and address of every other person who has any record lien on their property: NONE OTHER ,<>\_._."'-~" .. "- L 1~ ~ "> ~~ "- ,\, ,. ...... 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: NONE OTHER 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: Domestic Relations Section Court of Common Pleas Courthouse Carlisle, P A 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Sec. 4904 relating to unsworn falsification authorities. Dme: March 9, 2001 - "~" . A " ,'~ ~"" :'. .',"" ,. ,~. _.~"-;",,'~~, , ,=':h- , ""-"<0;' :;/'''':''-',;(. ;"l-O_ ,;0"," 0",",," ^' , MARKOWITZ & MARKOWITZ Andrew 1. Markowitz, Esquire P A Attorney ID #28009 PO Box 373 Lahaska,PA 18931-0373 Tel.: (215) 297-0411 Attorneys for Plaintiff NATIONSCREDIT HOME EQUITY SERVICES CORPORATION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs. 00-02952 -cv DAVID 1. ARTZ MARYANN S. ARTZ NOTICE OF SALE OF REAL PROPERTY TO: David 1. Artz Maryann S. Artz 142 North 33'd Street Camp Hill, PA 17011 Your real property at 142 North 33'd Street, Borough of Camp Hill, Camp Hill PA 17011 is scheduled to be sold at Sheriff's sale on June 6, 200I!l'lt:l0: 00 a .m. in theCemmissioners Meeting Room, * to enforce the court judgment of $119,822.03 obtained by Nationscredit Home Equity Services Corporation against you on August 1,2000. *at the Cumberland County Courthouse, Carlisle, PA 17013. NOTICE OF OWNER'S RIGHTS NOTE: This law firm is a debt collector and is attempting to collect a debt on behalf of plaintiff in this matter. This notice is an attempt to collect a debt and any information obtained hereby will be used for such purpose. ~ " ., I"',', '''' .~.., " "'. ., --di,' " .;~:"", i.,'~J.i..,.(.cO" W' - - ~":k"""'> 'c'~--"",,, -. " ~ ~, , -- NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT TIDS SHERIFF'S SALE To prevent this Sheriff's sale you must take immediate action: 1. The sale will be cancelled if you pay to plaintiff, the amount of the judgment plus costs, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Andrew 1. Markowitz, Esquire at 215-297-0411. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff at 717 - 2 4 0 - 6 3 9 0 . 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To fmd out if this has happened you may call the Sheriff at 717-240-6390., 4. If the amount due from the buyer is not paid to the Sheriff, you win remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money that was paid for your property. A schedule of distribution of the money bid for your property will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with the schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. .. - ,,,'~,, " O~~', ','",. ~",.~", "~"""""_':;'" ":,;~~".",.,- ",..,,,,~_'., ~"",_.-," ';';"";,._...':':f;.;<h',,i.\_" ,,"'",,;"".{ , . 7. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE TIDS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 717-249-3166 J ..'=.,; , WRIT OF'EXeeUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 00-2952 CIVIL 19 CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt. interest and costs due Nationscredi t Home Equity Services Corp. from 17011. David L. and Maryann S. Artz, 142 North 33rd St., Camp Hill PLAINTIFF(S) PA (1) You are directed to levy upon the property of the defendant(s) and to sell All real and improvements located at 142 North 33rd St., Camp Hill PA (See attached legal description.) DEFENDANT(S) property 17011. (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 garnishee(s) that: (a) an attachment has been issued: (b) the garnishee(s) is/are enjoined from paying any debtto or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof: (3) If property ofthe defendant(s) not levied upon an subjectto attachment is found in the possession of anyone other than a named garnishee. you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above stated, A tD $119,822.03 moun ue 8/1/00 - 6/6/01 $6,107.00 Interest LL Due Prothy Other Costs $.50 $1. 00 AIIY's Comm Atty Paid Plainmf Paid % $125.30 Date: March 14, 2001. CURTIS R. LONG ~ i Deputy by: , ; \ n . ary. Civil Division REQUESTING PARTY: N Andrew L. Markowitz, Esq. ame Address: POBox 373 Lahaska PA 18931 Attorney for: Telephone: supreme Court ID No, Plaintiff (215) 297-0411 28009 ..1 .1 t1h~~.oo~.iIIi;~{~~'la~OOI!!WilI~~'"' '~.(lM ,= '," w.d ' '0' '"~ "' ., r .. REAL [STAlE SALE No, 0..; 7 vll /1'1,/ ~ ", ~ J c/ I the sheriff levied upon the detenoarhL interest in the real property situated in&l-f' /u.! ~~y Gumberland County, Pa., knowr :Jnd numbered as: #..2 f(/ .3':h,././i.J ~ and more fUli<'!:oed on Exhibit "A" flied wit!' this writ and by this referencP'I)(Qorated herein. "'';jte;/J1).ew...c~ It,C26 (/) By:.~/.L,I~h ~tU1~~ ,tl~!\\~S,~'~3d 'It X1C;\ \iJ"" ,I '" 0\ ll~~ \0. ~d Gz"l J . "\,\\lI'lM }.lllncO ~~{ ~o 3n\~::lO J:i\\\3\\S - -,.,. .,' ^ , ~ c:;;;J c:;;;l c:;:::a ee> liiiY . o. ~ -ll.: ,~ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} S8 James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivabie Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place af business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of Illil Patriot-News and The Sundav Patriot-News newspapers of generai 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 ail 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 24th day(s) of April and the 1 st and 8th day(s) of May 2001. That neither he nor said Company is interested in the subject maller of said printed notice or advertising, and that ail of the ailegations 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 Patriot-News Co, aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severaily 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 Miscerl ,. eous Book "M", Volume 14, Page 317. G PU BLICA TION .,..,.......................,....,.,..../.;;.....1,.,...........,..........,...,.............. COpy Sworn to and subscribed b/tore me this 21st d of 2001 A.D. SA L E #47 &./ Notarial Soal I- r Terry L. Russell, Notary Public I", Harrisburg, Dauphin County My Commission Expires June 6, 2002 Member, Pennsylvania Association at NOlarl N TARY PUBLIC commission expires June 6, 2002 . ", , CUMBERlAND COUNTY SHERIFFS OFFICE CUMBERlAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ..... Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 298.80 1.50 300.30 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circuiation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By..........................................................H........ ----------- '" . ,.--.--c-;'''-'''- ,,,,,..,""..~,-""-- ;h REAL ESTATE SALE No, 47 Writ No, 2000-2952 ClvilTerm Natiol'lscredlt 'Home 'Equity ServIces co:,~.poratlon ~. llavldL,Artt and Marvann $, Artt A"'J: Andrew Mar_II< DESC!llPT10N ~:AU. n-iA1 CER1AlN tract or parcel of land , ',#nd premises, $ltuai..e, tying an.d being in ~he Borough of camp run 'rn the Count\' of cumberland and commonwe-alth' of 'f,fl.1nf>yl."'i'lnia.. more particularlY described ?~~ fqlloWS: " '~.EG1NNfNG on the North by Logan Street: I 'Qn l\:'1e East by ~\l,'oir Avenue: on the , 'Soutti' by Lot No. 131 on the hereinafter \ 'Ji-,entiotied Plan; and on the West by a , publiC alley. ' SElNG lOTS1'lCM, 132 ",d 133 on plan of Lots of "Belvoir", "Borough' of Camp Hm. Cumberland County. PennsYlvania, said Flan recorded in the Recorder'S Office in , ,and for cunibe.rland County :in Plan Book Nti,l,l'a 016,0>' " ,.,' ,.,. ' SAID L@11'lO, 132 c<l;1lalning twenty (20) fed, in front on Iful.voir Avenue and , ~tend\.r\g back ai' even v.'5dth on~ hundred < '~'pd 't\,,1enty-nvc (115) t~et 'to the afort.'said , 'P.l.\blicalleV, ~ SAID tQ't NO. \,,;3 containing th'i:rtY~four an9. f~\'e.-tenths {34.,s) feet in front ort ~l"oir A'.'eOue and extending back on~ 'hundred and tvventy-ftvc <.,1:!5) feet to tne -aforesaid public alley. , , 'HAVING THER(ON ERECTED a si:ngle c':~- ,;.aitd ',(\lu.mtnum sp1it leveL, y"aj.,d":: W.~~b'lngknQ,<'-"14~ N~~~3ia:) fz~~;:f.~~N9;~~'ll:i~~k~n/; :(S'G't!irtZ and Rita ~atal1i, by Deed dated ()9/ ~;,' :'.~.1i93 ,nd ",corded09I2311993 il, the'i ;c:C1Jlt'TIty ,Q,I cumberland i'O Deed Book N. , Vo1.uroe' '}6, Page 914 conveyed unto Maryann 'A. A.rtz an.a~ Dav1:.d t. Afa, \ husband and wife, in fee. StlZED arid' taKen in eXE!cution as the property of Oavid 1. AIlz- Md Maryi\M 5. Ariz. under Judgme.nt No, 00-02952. i ~~ -,------- -,-,--------------------'-' -----' ~- , , . , PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 STATEOFPENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, ofthe 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 ofthe said Cumberland Law Journal on the following dates, VIZ: APRIL 27, MAY 4,11, 2001 Mfiant 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. ~t/L- Roe(er M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 11 day of MAY. 2001 NOTARIAL SEAL , lOlS E. SNYDER, NOlal'jf Public Cllrlisl~,BMl. Cumoolland CountY My ComIr~oo ExIllres M!lfCh 5, :z005 -\ 1l.- REAL ESTATE SALE NO. 47 ~ Writ No. 2000-2952 Civil Nationscredlt Home EqUity Services Corporation vs. David L. Artz and Maryann S. Artz . Atty.: Andrew MarkoWitz PROPERTY DESCRIPTiON ALL TIIAT CERTAIN tract or par- cel of land and premises, situate. :' lying and being in the Borough of Camp Hill in the COWlty of Cumber- ! land and Commonwealth of Penn- sylvania. more particularly described as follows: BEGINNING on the North by Lo- gan Street; on the East by BelvoJr Avenu.e; on the South by Lot No. 131 .ori the' hereinaffer mentiOned Plan; and on the West by a public alley. BEING LOTS NO. 132 and 133 on Plan of Lots of "Belvoir", Bor- ough of Camp Hill. Cumberland County, Pennsylvania. said Plan re- corded in the Recorder's Office in and for Cumberland County in Plan Book No. I. Page 16. SAID LOT NO. 132 CONTAINING twenty (20) feet in front on Belvoir Avenue and extending back an even width one hundred and twenty-five (125) feet to the aforeSaid public alley. SAID LOT NO. 133 CONTAINING thirty-four and five-tenths (34.5) feet in front on Belvoir Avenue and ex- ten,!il!~_b_a~k ~ ~I].~,--Jl~~dre9:_,--~nd twenty-five (125) feet to the afore- said public alley. HAVING THEREON ERECTED a single brick and aluminum split level. said premises being know as 142 North 33rd Street. BEING PARCEL No. 01-21-0273- 186. BEING the same premises which Ma:ryann 8. Artz and Rita Fratalli. by Deed dated 09/22/1993 and re- corded 09/23/1993 !Il. the County of Cumberland in Deed Book N, Vol- ume 36. Page 914 conveyed unto Ma:ryann S. Artz and David L. Artz, husband and wife. in fee. SEIZED and taken in execution as the property of David L. Artz and __ Maryann S. Artz under Judgment I No. 00-02952.