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SANK OF AMERICA, N.A
SUCCESSOR IN INTEREST BY
MERGER OF BANK OF AMERICA,
FSB
IN THE COURT OF COMMON PLEAS
C~1BERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 00 - .34'l.S
C~d
VB.
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
PATRICK WOODS
Defendant
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING
TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION
OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF
COLLECTING THE DEBT.
NOTICE
You have been sued in court. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after
the Complaint and notice are served, by entering a written appearance personally
or by attorney and filing in writing with the court your defenses or objections to
the claims set forth against you. You are warned that if you fail to do so the
case may proceed without you and a judgment may be entered against you by the
Court without further notice for any money claimed in the Complaint or for any
other claim or relief requested by the Plaintiff. You may lose money or property
or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Ave., Carlisle, PA 17013
717-249-3166
Legal Services, Inc.
a Irvine Row, Carlisle, PA 17013
717-243-9400
AVISO
LE RAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS
PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS
DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE
USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE
USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA.
RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL
PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFlCARIO, DECIDIR A
FAVOR DEL DEMANDANTE Y REQUERlRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE
ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER
DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE.
SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE
REFERENCIA DE ABOGAOOS), 215-238-6300.
Cumberland County Bar Association
2 Liberty Ave., Carlisle, PA 17013
717-249-3166
Legal Services, Inc.
a Irvine Row, Carlisle, PA 17013
717-243-9400
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BANK OF AMERICA, N.A
SUCCESSOR IN INTEREST BY
MERGER OF BANK OF AMERICA,
FSB
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO.
vs.
CIVIL ACTION - LAW -
IN MORTGAGE FORECLOSURE
PATRICK WOODS
Defendant
THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE
FAIR DEBT COLLECTION PRACTICES ACT, 15 u.s.c. S1601:
The undersigned attorney is attempting to collect a
debt owed to the Plaintiff, and any information
obtained will be used for that purpose. The amount
of the debt is stated in this Complaint. Plaintiff
is the creditor to whom the debt is owed. Unless
the Debtor, within thirty (30) days after your
receipt of this notice disputes the validity of the
aforesaid debt or any portion thereof owing to the
Plaintiff, the undersigned attorney will assume
that said debt is valid. If the Debtor notifies
the undersigned attorney in writing within the said
thirty (30) day period that the aforesaid debt, or
any portion thereof, is disputed, the undersigned
attorney shall obtain written verification of the
said debt from the Plaintiff and mail same to
Debtor. Upon written request by Debtor to the
undersigned attorney within said thirty (30) day
period, the undersigned attorney will provide
debtor with the name and address of the original
creditor if different from the current creditor.
PURCELL, KRUG & HALLER
1719 North Front Street
Harrisburg, PA 17102-2392
(717)234-4178
Attorney ID #15700
Attorney for Plaintiff
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BANK OF AMERICA, N.A
SUCCESSOR IN INTEREST BY
MERGER OF BANK OF AMERICA,
FSB
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO.
MJ- ..1'175' ~ "I.Lu-
vs.
CIVIL ACTION - LAW -
IN MORTGAGE FORECLOSURE
PATRICK WOODS
Defendant
COM P L A I N T
1. Plaintiff, BANK OF AMERICA, N.A. SUCCESSOR IN INTERST BY
MERGER OF BANK OF AMERICA, FSB, is a corporation with an address
of P.O. Box 26388, Richmond, Virginia 23260.
2. Defendant, PATRICK WOODS, is an adult individual whose
last known address is 129 THRID STREET, WEST FAIRVIEW,
PENNSYLVANIA 17025.
3. On or about December 31, 1992, the said Defendant
executed and delivered a Mortgage Note in the sum of $54,573.00
payable to BANK UNITED OF TEXAS, FSB, which Note is attached
hereto and marked Exhibit "A".
4. Contemporaneously with and at the time of the execution
of the aforesaid Mortgage Note, in order to secure payment of the
same, Defendant made, executed, and delivered to original
Mortgagee, a certain real estate Mortgage which is recorded in
the Recorder of Deeds Office of the within County and
Commonwealth in Mortgage Book 1111, Page 1142 conveying to
original Mortgagee the subject premises.
The Mortgage was
subsequently to MARGARETTEN & COMPANY, INC. and recorded in the
aforesaid County in Mortgage Book 450, Page 923 on August 5,
1993. The Mortgage was subsequently assigned to BANK OF AMERICA,
FSB. and recorded in the aforesaid County in Mortgage Book 502,
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Page 315 on August 18, 1995. Bank of America, N.A. is successor
in interest by merger of Bank of America, FSB. Said Mortgage and
Assignments are incorporated herein by reference.
5. The land subject to the Mortgage is: 129 THRID STREET,
WEST FAIRVIEW, PENNSYLVANIA 17025 and is more particularly
described in Exhibit "B" attached hereto.
6. The said Defendant is the real owner of the land subject
to the Mortgage.
7. The Mortgage is in default due to the fact that
Mortgagor has failed to pay the installment due on December 1,
1999 and all subsequent installments thereon, and the following
amounts are due on the Mortgage:
(a) Unpaid principal balance $
(b) Interest at $11.24 per day
from 11/1/99 to 7/1/00
(based on contract rate of 8.000%)
50,594.94
2,720.08
(c) Accumulated Late Charges
0.00
(d) Late charges at $20.02
per month for 8 months
160.16
(e) Escrow
0.00
(f) 5% Attorney's Commission
2,529.74
$ 56,004.92
*Together with interest at the per diem rate noted in (b) above
after July 1, 2000 and other charges and costs to date of
Sheriff's Sale.
The attorney's fees set forth above are in conformity with
the Mortgage documents and Pennsylvania law, and will be
collected in the event of a third party purchaser at Sheriff's
Sale. If the Mortgage is reinstated prior to the sale,
reasonable attorney's fees will be charged that are actually
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incurred by Plaintiff.
8. No judgment has been entered upon said Mortgage in any
jurisdiction.
9. Notice of intention to foreclose and accelerate the loan
balance pursuant to Pennsylvania Act No. 6 of 1974 is not
required in that the original principal balance exceeds
$50,000.00.
10. Defendant is not a member of the Armed Forces of the
United States of America, nor engaged in any way which would
bring him within the Soldiers and Sailors Relief Act of 1940, as
amended.
11. plaintiff has complied with the procedures required by
Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage
Assistance Payments Program) and Defendant has either failed to
meet the time limitations as set forth therein or has been
determined by the Housing Finance Agency not to qualify for
assistance.
WHEREFORE, Plaintiff demands judgment in Mortgage
foreclosure "IN REM" for the aforementioned total amount due
together with interest at the rate of 8.000% ($11.24 per diem),
together with other charges and costs including escrow advances
incidental thereto to the date of Sheriff's Sale and for
foreclosure and sale of the property within described.
ByPUR~LBR
Leo . Haller
Attorney for Plaintiff
1. D. #15700
1719 N. Front Street
Harrisburg, Pa. 17102
(717) 234-4178
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MORTGAGE NOTE
NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF
THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT.
$ .54 573 00
FOR VALUr:. RECEIVED, !he undersigned,
PATRiCK WOODS
t,l,ES! FAtR\'IE.'\lI'
DECEMBER 31 ST
SOLE OWNER
, Pennsylvania.
.19 92
3200
. hereinafter called the Maker, promises to pay 10
SOUTHWEST ?REEWAY U2000 HOUSTON
,or order,
BANK UNITeo OF TEXAS FSB
TEXAS 77 0 2 7
>>.X::lUtl'bKlX!l:l.n organized and cxis!ing under the laws of the
hereinafter designated as lhe Payee, the principal sum of
SEVENTY THREE AND 00 100
UNITED STATE::;
fIFTY FOUR !HOUSAND FiVE HUNDRBD
Dollars(S _ 54 573 00
per centulTI (
rh... .',aid l)linciral <lnd illlL'rL'.~1 ~h~ll he
, in
or'such place as the holder
100
with interest from date aI rhe rale of EIGHT AND oe.ooo 100000
...8.000 U:"l pel ;\;\\lI\m ()\\,Ihe Ill\p;\it\ t-';Ol.l1)(C un:i\ p;lid.
payabkiu lhcoffiLe01 l1,\~K UNlTED OF I!::XA$ FS&
at HOUSTO~ TEXAS 77027
may designate in writing in monthly installments of FOUR HUNDRED AND 44
first day of
Dollars (5 400 44 J, commencing on the
. 19 93 ,and on the first day of each month thereafter until the princi~
except that the final payment of the entire indebtedness evidenced hereby,
. \d payable on the first day of JANUARY , 2023.
at any time, wilhom premium or fec, Ihe entire indebtedness or any Dart thereof
:nllmerll. or One Hundred Dollars ($100.00), whichever is less. Prepayment in full
J. Partial prepayment, other than on an installment due dale, need not be credited
due date or thiny days aflcr such prepayment, whichever is earlier.
lion of this Note the Maker has execUled and delivered to the Payee a 1\'lort-
situated in (he COUnlY of CUMBeRLAND
more particularly des.cribed in lhe Mortgage. All of Ine lerms, ~~ve\'\ant:;,
nd agreements contained in said Mongagt to be kepi and performed by the ~:Iaker
10 Ihe same extent and with the same force and effC('! as if they were fully sel
IS and agrees to perform Ihe same, or cause the same to be kepi and performed,
; and provisions thereof.
FE lIR.IIAR Y
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I or any part Ihereof. and of any other ~ums of money secured by Lhe ~lort.
fOrlhwilh, allhe option of the Payee or any subsequent holder thereof, become
Jl nOlice or demand. if dcfaull be made in any payment under !his Note. and
) the due date or the nexl such iostallmt:nt; or upon the happening of any defallit
iven 10 secure this Note. shall entitle the Payee, or any subsequent holder hereof.
eof, to be due and payable.
ower any attorney of any cour~ of rttord within the United S,ates
Ih or without a decla:ation filed, and confess judgment or judgments against
:e or any subsequent holder hereof. as of any tem. for Ihe entire
other sums paid by the holder hereof to or on behalf of the Maker pursuant
t, . .,~_. ~e>dge. a.nd aU arrearages of inteu:s\ thereOn. together with costs of suit, attorney's
eommissioil of 5.0000 070 for cOlleclion, and a release of
all errors. on wt,ich judgmem execution or executions ma}' issue forthwith. The maker hereby waives the righl of
inquisition on all properly levied 'upon to collect the indebtedness evidenced her,eby and docs voluntarily condemn
the same and aUlhorizes the Prothonotary 10 enter such condemnation, and waives and reiea5Ci aU b.ws, now in force
or hereafter enacted, reiating (0 exemption. appraisement or stay of execution.
The agreements herein contained shall bind. and the befll:'fits and ad~'antagcs sh~1I inure 10. the respective
successors and assigns of the parties hereto. Wherever used. the singular number shall include the plural. the plural the
singutar, and lhe use of any gender ~hall be applicable to aU g,enders.
IN WITNESS WHEREOF. the Mak~r has caused these presents ~oJ~.e exC(' ted under seall~ day and year lirsl
above written. ( . /. w,.-/'...../(. ~
Signe . Scaled and Delivered in the Presence of: \ tZ-' .:.-L /~ . ~ (Seal)
It>,f__~ PATRICK W0005
(Seal)
(Seal)
(Seal)
THtS IS TO CERTIFY that this is the NOle describ-..-d io and ;,C\:\\~ed by Mortgage of even dale herewith ~ecur;:d
on "ale"at:,:;:~::e~,;~" GUMBER,L,ANO I tl;;i:~ea;; ;;;,\ _
M;~~; :''-;I~,SI~i'j''I::"ri'k~$'';l~;;Z~';.\~j~ I ,'''o/,;r) PJ'bI"?--
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Comm\\menl Number
SCHEDULE C - Land Description
1505
ALL THAT CERTAIN tract or parcel of land and premises, situate, lying
and being in the borough of West Fairview in the County of Cumberland
and Commonwealth of Pennsylvania, more particularly described as
follows, according to a survey made by Gerrit J. Betz, Registered
Surveyor, dated May 5, 1976, -as follows, to wit:
BEGINNING at a hub on the Eastside of Third street (33 feet wide)
at the corner of lands of Earl:A. Robinson, Sr., said point being
measured along said Road, 416~82 feet to the centerline of Market
Street j thence, ,extending from said point of beginning and along the
said side of Third Street, North 15 degrees 00 minutes West the distance
of 20.06 feet to a drill hole at the corner of lands of William C.
Phillips; thence along said lands, South 85 degrees 31 minutes 17
seconds East the distance of 129.23 feet to a hub on the West side
of an alley (20 feet wide); thence along saId alley South 02'degrees
S9 minutes West the distance of 19.00 feet to a hub at the corner
of lands of Earl A. Robinson, Sr.,; thence along said lands North
85 degrees 29 minutes West the distance of 123.04 feet to a point,
the place of BEGINNING.
BEING known as No. 129 Third Street.
BEING THE SAME premises conveyed unto Patrick Woods, Mortgagor herein
by deed tfrom Steve R. Roush and Jackie L. Roush, Grantors herein
dated h P ~(I/71l.If/br ~ ....? I f 1992 to be recorded in the Office of the
Recorder of Deeds in and for Cu~erland County, Pennsylvania.
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STEW ART TITLE
GUARANTY COMPANY
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VERIFICATION
I, Leon P. Haller, Esquire, hereby swear and affirm that the
facts contained in the foregoing COMPLAINT for Mortgage
Foreclosure are true and correct to the best of my knowledge,
information, and belief based upon information provided by
Plaintiff, BANK OF AMERICA, N.A. SUCCESSOR IN INTEREST BY MERGER
OF BANK OF AMERICA, N.A. that said facts contained herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: June 5, 2000
~
Leon P. Haller, Esquire
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BANK OF AMERICA, N.A.
SUCCESSOR IN INTEREST BY
MERGER OF BAN~ OF AMERICA, FSB
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VS.
NO. 2000 3475
PATRICK WOODS,
DEFENDANT
IN MORTGAGE FORECLOSURE
P RAE C I P E
TO THE PROTHONOTARY OF THE WITHIN COUNTY:
Please enter JUDGMENT "in rem" in favor of the Plaintiff and
against Defendant PATRICK WOODS for failure to plead to the above
action within twenty (20) days from date of service of the
Complaint, and assess Plaintiff's damages as follows:
Unpaid principal balance
Interest
(Per diem of $11.24
from 11/1/99 to 7/1/00)
Late charges
($20.02 per month to 7/00)
Escrow Deficit
5% Attorney's Commission
$50,594.94
$ 2,720.08
$ 160.16
$
$ 2.529.74
TOTAL
$56,004.92**
** Together with additional interest at the per diem rate indicated
above from the date herein, based on the contract rate, and other
charges and costs to the date of Sheriff's Sale.
PURCELL, KRUG
By
Leon P. Haller PA I.D. #15700
l7l9 North Front Street
Harrisburg, PA l7l02
(717) 234-4178
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BANK OF AMERICA, N.A.
SUCCESSOR IN INTEREST BY
MERGER OF BANK OF AMERICA, FSB
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VS.
NO. 2000 3475
PATRICK WOODS,
DEFENDANT
IN MORTGAGE FORECLOSURE
CERTIFICATE OF SERVICE
PURSUANT TO PA. R.C.P. 237.1
I hereby certify that on AUGUST 24, 2000 I served the Ten Day
Notice required by Pa. R.C.P. 237.1 on the Defendant(s) in this
matter by regular first class mail, postage prepaid, as indicated
on the attached Notice.
By
Leon P. Haller PA I.D. #15700
Attorney for Plaintiff
Purcell, Krug & Haller
1719 North Front St.
Harrisburg, PA 17102
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BANK OF AMERICA, N.A.
SUCCESSOR IN INTEREST BY
MERGER OF BANK OF AMERICA,
FSB
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 2000-3475
Vs.
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
PATRICK WOODS
Defendant
DATE OF THIS NOTICE: August 24, 2000
TO: PATRICK WOODS
129 THIRD STREET
WEST FAIRVIEW, PA 17025
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING
TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION
OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF
COLLECTING THE DEBT.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS
NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING
AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU
SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING
OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Lawyer Referral Service
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
717-249-3166
PURCELL, KRUG &
By
Leon P. Haller
Attorney for Plaintiff
LD. #15700
1719 N. Front Street
Harrisburg, Pa. 17102
717-234-4178
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BANK OF AMERICA, N.A.
SUCCESSOR IN INTEREST BY
MERGER OF BANK OF AMERICA, FSB
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VS.
NO. 2000 3475
PATRICK WOODS,
DEFENDANT
IN MORTGAGE FORECLOSURE
NON-MILITARY AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF DAUPHIN
Personally appeared before me, a Notary Public in and for said
Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly
sworn according to law deposes and states that the Defendant(s)
above named are not in the Military or Naval Service nor are they
engaged in any way which would bring them within the Soldiers and
Sailors Relief Act of 1940, as amended.
Sworn to and subscribed
befor,. m5- this? day
of ..-XUj'l-/' 2 0 dR
4tk-t/rhAA;:6/--'
o ary Public
LEON P. HALLER, ESQUIRE
NOTARIAL SEAL
MARYLAND K, FERRETTI, Notary Public
LOWER pAXTONTWP" DAUPHIN County
My Comml~slon ExplresAUGUST 8, 2002
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption:
Bank of America, N.A. Successor in
Interest by Merger of Bank of America,
Plaintiff
. ) Confessed Judgment
FSB, (XX) Other IN MORI'GAGE FORECLC6URE
File No. 2000 3475
vs.
Amount Due pe r judgment $ 56,004.92{
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Interest at $11. 24/diem 1,775.92
from 7/.1/0U to lL/fI/uU
Late charges at $20.02/mo 80.08
B;cra..1 Deficit 1,560.00
osts
Total $ 59,360.92
Patrick Woods,
Defendant
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or
account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed
pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
Issue writ of execution in the above matter to the Sheriff of CUMBERLAND
for debt, interest and costs, upon the following described property of the defendant(s)
Real Estate: 129 Third Street, West Fairview, PA 17025
County,
IN MORI'GAGE FORECLC6URE
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and
costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real
es ate, supply six copies of the descrip.: ; supply four copies of lengthy personalty list)
EST indica
trick Woo s .
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
<j~(t-- o-v p;,. C{J)W~ wi flA-dIL(~ t""<<roif,
o (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estat
defendant(s) described in the attached exhibit.
Date
7-7-rJ 0
Signature:
Print Name:
Address:
leon P. Haller, Esquire
Purcell, Krug & Haller
1719 North PP9Rt Street
Harrisburg, PA 17102
Attorney for:
Telephone:
Supreme Court 10 No.:
PIAINTIFF
717-234-4178
U5700
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ALL THAT CERTAIN piece or parcel of land situate in the Township of
East Pennsboro (formerly Borough of West Fairview), County of
Cumberland, Commonwealth of Pennsylvania, bounded and described in
accordance with a survey made by Gerrit J. Betz, Registered
Surveyor, dated May 5, 1976, as follows:
BEGINNING at a nub on the Eastside of Thirc~ Street (33 feet wide I .'
;,\ the corner "of lands 'of EarlA. Robinson; Sr" said' point bEjing ,
measured along ~aiq ~oaq, 416,82 feet,to the ce~te:1ine of Market
Street; thence extepding from said )?Ol,nt ot beg~nn:Lng and along toe
said side of Third street, North 15'degrees 00 minutes West the distance,
of 20.06 feet to a drill hole at tne corner of lands of William c. I
Pnillips; thence along said lands, South 85 degrees 31 minutes 17
seconds East the qistance of 129.23 feet to a nub on the West side
of an alley (20 feEjt wfde)/ thence along said alley South 02 degrees
59 minutes West the. distance of 19.00 feet to a hub at the corner
of lands of Earl A. Robinson, Sr.,; thence along said lands North
85 degrees 29 minutes West the distance of 123.04 feet to a point,
the place of BEGINNING.
HAVING THEREON ERECTED A dwelling known as 129 Third Street, West
Fairview, PA.
BEING THE SAME PREMISES WHICH Steve R. Roush and Jackie L. Roush by
deed dated 12/31/92 and recorded 1/5/93 in Deed Book B-36, Page 822
granted and conveyed unto Patrick Woods.
TO BE SOLD AS THE PROPERTY OF PATRICK WOODS ON JUDGMENT NO.
2000 3475.
ASSESSMENT: 45-17-1044-210
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BANK OF AMERICA, N.A.
SUCCESSOR IN INTEREST BY
MERGER OF BANK OF AMERICA, FSB
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VS.
NO. 2000 3475
PATRICK WOODS,
DEFENDANT
IN MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1
The Plaintiff in the above action, by its attorneys, Purcell,
Krug & Haller, sets forth as of the date the praecipe for the writ
of execution was filed, the following information concerning the
real property located at 129 THIRD STREET, WEST FAIRVIEW, PA 17025:
1. Name and address of the Owner(s) or Reputed Owner(s) :
Patrick Woods
129 Third Street
West Fairview, PA 17025
2. Name and address of Defendant (s) in the Judgment, if
different from that listed in (1) above:
SAME
3. Name and address of every judgment creditor whose judgment
appears of record on the real property to be sold:
4. Name and address of last recorded holder of every mortgage
of record:
PLAINTIFF HEREIN
(AND ANY OTHERS AS NOTED BELOW) :
5. Name and address of every other person who has any record
lien on the property:
UNKNOWN
6 .
interest
sale:
Name and address of every other person who has any record
in the property and whose interest may be affected by the
UNKNOWN
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7. Name and address of every other person of whom the
Plaintiff has knowledge who has any interest in the property which
may be affected by the sale:
TENANTS IF ANY...
Domestic Relations Office
Cumberland County Courthouse
Hanover & High Streets
Carlisle, PA 17013
(In the preceding information, where addresses could not be
reasonably ascertained, the same is indicated.)
I verify that the statements made in this Affidavit are true
and correct to the best of my personal knowledge, information and
belief. I understand that false statements herein are de subject
to the penalties of 18 PA C.S. Section 4904 relat' to unsworn
falsification to authorities.
Leon P. Haller PA I.D. #15700
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
DATE:
September 7, 2000
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BANK OF AMERICA, N.A.
SUCCESSOR IN INTEREST BY
MERGER OF BANK OF AMERICA, FSB
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VS.
NO. 2000 3475
PATRICK WOODS,
DEFENDANT
IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
TAKE NOTICE:
That the Sheriff's Sale of Real Property (real estate) will be
held:
DATE:
WEDNESDAY, DECEMBER 6, 2000
TIME: 10:00 O'clock A.M.
LOCATION: Commissioner's Hearing Room
2nd Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
THE PROPERTY TO BE SOLD is delineated in detail in a legal
description mainly consisting of a statement of the measured
boundaries of the property, together with a brief mention of the
buildings and any other major improvements erected on the land.
(SEE DESCRIPTION ATTACHED)
THE LOCATION of your property to be sold is:
129 THIRD STREET
WEST FAIRVIEW
CUMBERLAND COUNTY
PENNSYLVANIA
THE JUDGMENT under or pursuant to which your property is being
sold is docketed in the within Commonwealth and County to:
NO. 2000 3475
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property
is:
PATRICK WOODS
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A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to
receive part of the proceeds of the sale received and to be
disbursed by the Sheriff (for example, to banks that hold mortgages
and municipalities that are owed taxes) will be filed by the
Sheriff of this County thirty (30) days after the sale and
distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing
exceptions to it within ten (lO) days of the date it is filed.
Information about the Schedule of Distribution may be obtained
from the Sheriff of the Court of Common Pleas of the within County
at the Courthouse address specified herein.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO
PAY THE JUDGMENT.
You may have legal rights to prevent your property from being
taken away. A lawyer can advise you more specifically of these
rights. If you wish to exercise your rights, YOU MUST ACT
PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania l70l3
717-249-3166
Legal Services, Inc.
8 Irvine Row
Carlisle, PA 17013
717-243-9400
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of
the within County to open the judgment if you have a meritorious
defense against the person or company that has entered judgment
against you. You may also file an petition with the same Court if
you are aware of a legal defect in the obligation or the procedure
used against you.
2. After the Sheriff's Sale you may file a petition with the
Court of Common Pleas of the within County to set aside the sale
for a grossly inadequate price or for other proper cause. This
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petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED.
3. A petition or petitions raising the legal issues or rights
mentioned in the preceding paragraphs must be presented to the
Court of Common Pleas of the within County. The petition must be
served on the attorney for the creditor or on the creditor before
presentation to the court and a proposed order or rule must be
attached to the petition.
If a specific return date is desired, such date must be
obtained from the Court Administrator's Office - Civil Division, of
the within County Courthouse, before a presentation of the petition
to the Court.
A copy of the Writ of Execution is attached hereto.
PURCELL, KRUG & HALLER
Attorneys for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
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ALL THAT CERTAIN piece or parcel of land situate in the Township of
East pennsboro (formerly Borough of West Fairview), County of
Cumberland, Commonwealth of Pennsylvania, bounded and described in
accordance with a survey made by Gerrit J. Betz, Registered
Surveyor, dated May 5, 1976, as follows:
~EGINN!NG at C\ Il\lb on the Eastaide of rhirq Street (33 feet wiq!') ,
at the corner of 'lands of Earl A. Robinson, Sr" said point being,
measured along paiq ~oaq, 416,8~ feet to the centerline of Market
Street; thence ext",pding from said poi,nt of beginning and along the
said side of Third street; North 15'degrees 00 minutes West the distance,
of 20.06 feet to a drill hole at the corner of lands of William c. !
Phillips; thence along said lands, South 85 degrees 31 minutes I?
seconds East the distance of 129.23 feet to a hub on the West side
of an alley (20 feet wide); thence along said alley South 02 degrees
59 minutes West th~'distance of 19.00 feet to a hub at the corner
of lands of Earl A. Robinson, Sr.,; thence along said lands North
85 degrees 29 minutes West the distance of 123.04 feet to a point,
the place of BEGINNING.
HAVING THEREON ERECTED A dwelling known as 129 Third Street, West
Fairview, PA.
BEING THE SAME PREMISES WHICH Steve R. Roush and Jackie L. Roush by
deed dated 12/31/92 and recorded 1/5/93 in Deed Book B-36, Page 822
granted and conveyed unto Patrick Woods.
TO BE SOLD AS THE PROPERTY OF PATRICK WOODS ON JUDGMENT NO.
2000 3475.
ASSESSMENT: 45-17-1044-210
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-03475 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BANK OF AMERICA NA
VS
WOODS PATRICK
DAWN KELL
, Sheriff or Deputy Sheriff of
Cumberland County, Pensyl vania , who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
WOODS PATRICK
the
DEFENDANT
at 0012:36 HOURS, on the 19th day of June
, 2000
at 129 THIRD ST
WEST FAIRVIEW, PA 17025
by handing to
PATRICK WOODS
a true and attested copy of COMPLAINT - MORT FORE
together with
NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
9.30
.00
10.00
.00
37.30
so:?~~!
R. Thomas Kline
Sworn and Subscribed to before
06/21/2000
PURCELL, KRUG & HALLER
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Deputy Sheriff
By:
ttc
me this 7 - day of
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BANK OF AMERICA, N.A.
SUCCESSOR IN INTEREST BY
MERGER OF BANK OF AMERICA, FSB
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VS.
NO. 2000 3475
PATRICK WOODS,
DEFENDANT
IN MORTGAGE FORECLOSURE
RETURN OF SERVICE
I hereby certify that I e osited in the U.S. Mails at
Harrisburg, pennsyl vania on , a true and correct
copy of the Notice of Sale of state pursuant to PA R.C.P.
3129.1 to the Defendants herein all lienholders of record by
regular first class mail (Certificate of Mailing form in compliance
with U.S. Postal Form 3817 is attached hereto as evidence), and
also to the Defendants by Certified Mail. Service addresses are as
follows:
Patrick Woods
129 Third Street
West Fairview, PA 17025
Domestic Relations Office
Cumberland County Courthouse
Hanover & High Streets
Carlisle, PA 17013
By
PURCELL, KRUG & HALLER
Attorneys for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
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JOHN W, PURCELL
HOWARD B. KRUG
LEON P. HALLER
JOHN W, PURCELL JR
BRIAN J TYLER
JILL M, W1NEKA
LAW OFFICES
PURCELL, KRUG AND HALLER
1719 NORTH FRONT STREET
HARRISBURG, PENNSYLVANIA 17102-2392
TELEPHONE (717) 234-4178
FORECLOSURE DEFT, FAX (717) 234-1206
JOSEPH NISSLEY (1910-1982)
ANTHONY DiSANTO
OF COUNSEL
HERSHEY
1099 GOVERNOR ROAD
(717) 533-3836
NOTICE TO:
Patrick Woods
129 Third Street
West Fairview, PA 17025
Domestic Relations Office
Cumberland County Courthouse
Hanover & High Streets
Carlisle, PA 17013
NOTICE IS HEREBY GIVEN to the Defendants in the within action and
those parties who hold one or more mortgages, judgments or tax liens
against the real estate which is the subject of the Notice of Sale
pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached
hereto.
YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution
issued out of the Court of Common Pleas of the within county on the
judgment of the Plaintiff named herein the said real estate will be
exposed to public sale as set forth on the attached Notice of Sale.
By:
said
YOU ARE FURTHER NOTIFIED that the lien
real estate will be divested by the sale
opportunity to protect your interest,
said Sheriff's Sale.
Leon P. Haller PA I.D.15700
Attorney for Plaintiff
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BANK OF AMERICA, N.A.
SUCCESSOR IN INTEREST BY
MERGER OF BANK OF AMERICA, FSB
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VS.
NO. 2000 3475
PATRICK WOODS,
DEFENDANT
IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
TAKE NOTICE:
That the Sheriff's Sale of Real Property (real estate) will be
held:
DATE:
WEDNESDAY, DECEMBER 6, 2000
TIME: 10:00 O'clock A.M.
LOCATION: Commissioner's Hearing Room
2nd Floor
Cumberland County Courthouse
Carlisle, Pennsylvania l7013
THE PROPERTY TO BE SOLD is delineated in detail in a legal
description mainly consisting of a statement of the measured
boundaries of the property, together with a brief mention of the
buildings and any other major improvements erected on the land.
(SEE DESCRIPTION ATTACHED)
THE LOCATION of your property to be sold is:
129 THIRD STREET
WEST FAIRVIEW
CUMBERLAND COUNTY
PENNSYLVANIA
THE JUDGMENT under or pursuant to which your property is being
sold is docketed in the within Commonwealth and County to:
NO. 2000 3475
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property
is:
PATRICK WOODS
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A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to
receive part of the proceeds of the sale received and to be
disbursed by the Sheriff (for example, to banks that hold mortgages
and municipalities that are owed taxes) will be filed by the
Sheriff of this County thirty (30) days after the sale and
distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing
exceptions to it within ten (lO) days of the date it is filed.
Information about the Schedule of Distribution may be obtained
from the Sheriff of the Court of Common Pleas of the within County
at the Courthouse address specified herein.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO
PAY THE JUDGMENT.
You may have legal rights to prevent your property from being
taken away. A lawyer can advise you more specifically of these
rights. If you wish to exercise your rights, YOU MUST ACT
PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE ~HE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania l70l3
717-249-3166
Legal Services, Inc.
8 Irvine Row
Carlisle, PA 17013
717-243-9400
THE LEGAL RIGHTS YOU MAY HAVE ARE:
l. You may file a petition with the Court of Common Pleas of
the within County to open the judgment if you have a meritorious
defense against the person or company that has entered judgment
against you. You may also file an petition with the same Court if
you are aware of a legal defect in the obligation or the procedure
used against you.
2. After the Sheriff's Sale you may file a petition with the
Court of Common Pleas of the within County to set aside the sale
for a grossly inadequate price or for other proper cause. This
.. . ~". ~, ",. 0 " " '> ,_"
,"'- ~_" '~"_'i,,,_
petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED.
3. A petition or petitions raising the legal issues or rights
mentioned in the preceding paragraphs must be presented to the
Court of Common Pleas of the within County. The petition must be
served on the attorney for the creditor or on the creditor before
presentation to the court and a proposed order or rule must be
attached to the petition.
If a specific return date is desired, such date must be
obtained from the Court Administrator's Office - Civil Division, of
the within County Courthouse, before a presentation of the petition
to the Court.
A copy of the Writ of Execution is attached hereto.
PURCELL, KRUG & HALLER
Attorneys for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
a
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ALL THAT CERTAIN piece or parcel of land situate in the Township of
East Pennsboro (formerly Borough of West Fairview), County of
Cumberland, Commonwealth of Pennsylvania, bounded and described in
accordance with a survey made by Gerrit J. Betz, Registered
Surveyor, dated May 5, 1976, as follows:
BEGINNING at a A\lb on the Eastside of Third Street (33 feet wide)'
dt the corner "of .lands. of Earl A. Robinson; Sr" said' point bEling .
measured along ~aid ~oad, 416,82 feet to the centerline of Market
Street; thence extepding from silid point of beginning and along the
said side of Third street, North 15'degrees 00 minutes West the distance,
of 20.06 feet to a drill hole at the corner of lands of William C. i
Phillips; thence along said lands, SoutA 85 degrees 31 minutes1?
seconds East the distance of 129.23 feet to a hub on the West side
of an alley (20 feE)t w{de)/ thence along said alley South 02 degrees
59 minutes West the '.distance of 19.00 feet to a hub at the corner
of lands of Earl A. Robinson, Sr.,; thence along said lands North
85 degrees 29 minutes West the distance of 123.04 feet to a point,
the place of BEGINNING.
HAVING THEREON ERECTED A dwelling known as 129 Third Street, West
Fairview, PA.
BEING THE SAME PREMISES WHICH Steve R. Roush and Jackie L. Roush by
deed dated 12/31/92 and recorded 1/5/93 in Deed Book B-36, Page 822
granted and conveyed unto Patrick Woods.
TO BE SOLD AS THE PROPERTY OF PATRICK WOODS ON JUDGMENT NO.
2000 3475.
ASSESSMENT: 45-17-1044-210