HomeMy WebLinkAbout00-03912
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FEDERMAN AND PHELAN
By: FRANK FEDERMAN, ESQUIRE
IDENTIFICATION NO. 12248
TWO PENN CENTER PLAZA, SUITE 900
PHILADELPHIA, PA 19102
(215) 563-7000
ATTORNEY FORPLAlNTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
FIRST UNION NATIONAL BANK,
S/B/M TO CENTERBANK MORTGAGE COMPANY
1100 CORPORATE CENTER DRIVE
RALEIGH, NC 27607-5066
TERM
Plaintiff
NO. 00 - .29 t?.- (?,~L-( ~~
v.
CUMBERLAND COUNTY
WILLIAM L. MARTIN
623 HIGH STREET
ENOLA, P A 17025
Defendant(s)
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
NOTICE
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY
RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT
A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. **
You have been sued in Court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this Complaint and Notice are served,
by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You 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
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
Loan #: 9469877
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1. Plaintiff is
FIRST UNION NATIONAL BANK,
S/B/M TO CENTERBANK MORTGAGE COMPANY
1100 CORPORATE CENTER DRIVE
RALEIGH, NC 27607-5066
2. The name(s) and last known addressees) of the Defendant(s) are:
WILLIAM L. MARTIN
623 HIGH STREET
ENOLA, P A 17025
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
3. On 5/8/95 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the
Recorder of CUMBERLAND County, in Mortgage Book No. 1263, Page 597.
4. The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 2/1/00 and each month thereafter are due and unpaid, and by the terms of
said mortgage, upon failure of mortgagor to make such payments after a date specified by
written notice sent to Mortgagor, the entire principal balance and all interest due thereon
are collectible forthwith. A copy of such notice is attached as Exhibit "A."
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6. The following amounts are due qn the mortgage:
Principal Balance
Interest
1/1/00 through 5/1/00
(Per Diem $14.31)
Attorney's Fees
Cumulative Late Charges
5/8/95 to 5/1/00
Cost of Suit and Title Search
Subtotal
$58,889,91
1,745.82
2,944.00
107.94
550.00
64,237.67
Escrow
Credit
Deficit
Subtotal
476.81
0.00
476.81
TOTAL
$63,760.86
7. The attorney's fees set forth above are in conformity with the Mortgage documents and
Pennsylvania Law, and will be collected in the event of a third party purchaser at
Sheriffs Sale, If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees
will be charged.
8. This action does not come under Act 6 of 1974 because the original mortgage amount
exceeds $50,000.
9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as
required by 35 P.S. ~ 1680A03c on the date(s) set forth in the true and correct copy of
such notice( s) attached hereto as Exhibit "A."
1 O. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance
Program, Act 91 of 1983, has terminated because either:
(i,) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit
Counseling Agency in accordance with Plaintiffs written Notice to Defendants,
a true and correct copy of which is attached hereto as Exhibit "A"; or
(ii.) Defendant( s) application for assistance has been rejected by the Pennsylvania
Housing Finance Agency.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of
$63,760.86, together with interest from 5/1/00 at the rate of$14.31 per diem to the date of
Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and
sale of the mortgaged property.
/s/ tL--
F K FEDE ~QUIRE
Attorney for Plaintiff
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First Union Mortgage Corporation
Post omce Box 900001
Raleigh, North Carolina 2767S.s001
1100 Corporate Center Drive
Raleigh, North Carollna27l507-5066
1",111,"111.,."1,1,1,1,11",11",11",11",1,1,,1,1,,1",11
WILLIAM L MARTIN
623 IDGH STREET
ENOLA,PA 17025
April 5, 2000
RE:
FUMC Loan Number
Property Address
0000009469877
623 HIGH STREET
WEST FAIRVIEW BORO" PA 17025
Original Lender
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the mortgage on your home is in default and the lender inteuds to foreclose,
Soecific infonnation about the nattlre of the default is orovided in the attached Dages,
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP\ may be able to helD to save
vour home. 1b..is Notice exolains how the orm~ram works.
To see ifHEMAP can helD. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY
WITIllN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with YOU when YOU meet the
Counseling Agencv,
The name. address and phone munber of Consumer Credit Counseling Agencies serving your County are
listed at the end of this Notice. If you have any ollestions, VOII mav call the Pennsvlvania HOllsing Finance
Agencv toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869\.
This Notice contaius important legal infonnation, If yo II have any questions, representatives at the
Consumer Credit Counseling Agency may be able to help explain it. Y 011 may also want to contact an
attorney in your area. The local bar association may be able to help you find a lawyer.
exHIBIT A
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LA NOTIfICACION EN ADJUNTO ES DE SUMA IMPORT ANCIA, PUES AFECT A SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE EST A
NOTIFICACION OBTENGA UNA TRADUCCION INMEDIT AMENTE LLAMANDO EST A
AGENClA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDES SER ELEGlBLE PARA UN PREST AMO POR EL PROGRAMA
LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SAL V AR SU CAS A DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA.
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGffiLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME
FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (mE "ACT'), YOU MAYBE 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 ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STA Y 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 tltis Notice. During that time you must
arrange and attend a face-to-face meeting with one of tile consumer credit counseling agencies listed at tile
end of this Notice. THIS MEETING MuST OCCUR WITHIN THE NEXT (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 AGENCIES-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 tile date of tltis meeting, The names. addresses and teleohone nwnbers of desienated
consumer credit counseliue aeencies for the county in which the oroocrtv is located are set forth at tile end
of tltis Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender inunediatelv
of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in a default for the reasons set
forth later in this Notice (see following pages for specific information about the nature of your default) If
you have tried and are lwable to resolve this problem with the lender, you have the right to apply for
financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must
fill out, sign and file a completed Homeowner's Emergency Assistance Program Application Witll one of
the designated conslUner credit counseling agencies listed at the end of tltis Notice. Only consumer credit
counseling agencies have applications for tile program and they will assist you iu submitting a complete
application to tile PelUlsylvania Housing Finance Agency. Your application MUST be filed or postmarked
within tllirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY, IF YOU FAIL TO DO SO OR IF YOU
DO NOT FOLLOW THE OrnER TIME PERIODS SET FORm IN THIS LEITER,
FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR
APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED,
AGENCY ACTION-Available funds for emergency mortgage assistance are very limited, They will be
disbursed by tile Agency under the eligibility criteria established by tile Act The PelUlsylvania Housing
Finance Agency has si"iy (60) days to make a decision after it receives your application. During that time.
no foreclosure proceedings will be pursued against you if you have met the time requirements set forth
EXHIBIT A
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above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your
application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, mE FOLLOWING PART OF mIS NOTICE IS FOR INFORMATION
PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT
THE DEBT,
(If ou have filed bankru tc ou can still a I for Emer enc Mort a e Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it UD to date).
NATURE OF mE DEFAULT-The MORTGAGE debt held by the above lender on your property
located at: 623 HIGH STREET, WEST F AffiVIEW BORO" P A 17025 IS SERlOUSL Y IN
DEFAULT because:
A YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following montlls and tile
following amounts are now past due: Start/End: 02/01/2000 tlrrough 04/01/2000 at $844,85 per month.
Total Amount of Delinquent Payments Due
Late Charges
Property inspections and NSF check charges, if any
Other charges accrued, if any
LESS: Suspense (unapplied funds)
TOTAL AMOUNT OF DELINQUENCY
2534,55
71,96
15,00
0,00
0,00
2621.51
R YOU HAVE FAILED TO TAKE 1HE FOLLOWING ACTIONS (Do not use if not aDDlicable): Nt A
HOW TO CURE mE DEFAULT-You may cure the default within THIRTY (30) DAYS of the date of
this notice BY PAYING 1HE TOTAL AMOUNT PAST DUE TO 1HE LENDER, WHICH IS $ 2621.51.
PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING
1HE THIRTY (30) DAY PERlOD. Payments mnst be made either bv cashier's check, certified check or
money order made oavable and sent to: First Union Mortgage Corporation, Attention: Payment
Processing, 1100 Coqlorate Center Drive, Raleigh, NC 27607-5066,
IF YOU DO NOT CURE mE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of
the date of this Notice. the lender intends to exercise its riehts to accelerate the mortl!llee debt The means
that the entire ontstanding balance of this debt will be considered dne immediately and you may lose tile
chance to pay the mortgage in montllly installments, If full payment of the total amount past due is nol
made within THIRTY (30) DAYS, Ille lender also intends to instruct its attorney to start legal action to
foreclosure uDon your morteaee DroDeffi",
IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriff to
payoff tile mortgage debt If tile lender refers your case to its attorneys, but you cure tile delinquenC)
before the lender begins legal proceedings against you, you will still be required to pay tile reasonable
attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against
you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed
$50.00. Any attorney's fees will be added to the amount to the lender. which may also include other
reasonable costs. Ifvou cure the default willlin the THIRTY (30) DAY Deriod. YOU will not be reauired to
uav attomev' s fees.
OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance
and all other sums due lUlder Ille mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default
within the THIRTY (30) DAY period and foreclosure proceedings have begun, YOU still have the right to
cure the default and Drevent the sale at any time UD to one hour before Ille Sheriff's Sale. You may do so
bv Davine the total amount then Dast due, Dlus any late or ather charges tllen due, reasonable attorney's fees
and costs connected with the foreclosure sale and any other costs connected with Ille Sheriff's Sale as
EXHIBIT A
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specified in writing bv the lender and bv performing anv other requirements under the mortgage. Curing
your default in the manner set forth in this notice will restore your mortgage to the &'1me position as if \'Oll
had never defaulted. .
EARLIEST POSSffiLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a
Sheriff's Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the
date oftbis Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale, Of
course, the amount needed to cure the default will increase the longer you wait You may find out at any
time exactly what the required payment or action will be by contacting the lender
HOW TO CONTACT THE LENDER:
First Union Mortgage Corporation
Attention: Payment Processing
1100 Corporate Center Drive
Raleigh, NC 27607-5066
Phone: (800) 654-1350 Fax: (919) 852-7424
Contact: Edward Eary
EFFECT OF SHERIFF'S SALE-You should realize that a Sheriff's Sale will end your ownership of the
mortgaged property and your right to occupy it If you continue to live in the property after tile Sheriff's
Sale, a lawsuit to remove you and your furnishings and otller belongings could be started by the lender at
any time.
ASSUMPTION OF MORTGAGE -You mayor_may not (CHECK ONE) sell or transfer
your home to a buyer or transferee who will assume the mortgage debt, provided tlmt all tile outstanding
payments, charge and attorney's fees and cost are paid prior to or at tile sale and tlmt the otller requirements
of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
. TO .sELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PA Y OFF THIS DEBT
. TOHA VE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEF AUL T. (HOWEVER, YOU NOT HAVE THIS RIGHT TO
CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
. TO ASSERT THE NONEXISTENCE OF A DEF AUL T IN ANY FORECLOSURE PROCEEDING
OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HA VE TO SUCH ACTION BY
THE LENDER
. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED
Sent by Regulllr Mail, Certificate of Mailing (PS Form 3877)
Sincerely,
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Edward Eary
Delinquency Control
Mortgage Loan Servicing Group
BLPAOI
EXHIBIT A,
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Pennsylvania Housing Finance Acrency
Homeowner's Emergency Mortgage Assis;nce Program
Consumer Credit Counseling Agencies
(Rev, 5/99)
tycoming-ClinUl" Count:
Commissio 1:' C es.
2138 Unco; S~e' a=lUUC"f .~:ion (sn;P)
~, O. Box 1328 -
(\Vi5~OH)'3~<~r.. PA 17703
, 25~587
"A.."l: (570) 322.2197
~CCS of ::-rorr.'le:astern PA
..~ 1 Bas", S -Ar
.. iiliams ~ <-
(5.0 ~rt, PA 17703
, ) 323-0627
FAX (570) 323-0626
CLIN'l'ON COtJ'"N"rY
eees ofNo......heasrern p~
16~1 S Athe....""n St .
Swte 100
State College, PA 16801
(814) 238-3568
F.~"l:(814) 238-3669
COLtJ"MBIA COU~'TY
C CCS of Nort.'>eastern Pennsylvania
1400 Abingttln E:ceC'~tive Park
Suite 1
Clarks Summi,," PA 18411
(570) 587-9153 or (800) 922.9537
FAX (570) 587-9134i9135
31 W. Market St:'eet
PO 8 1127
W'1Ikes-Barre. PA 18702
(570) 821-0837 or (800) 922-9537
F_~"l: (570) 821-1785
Commisaion an Economics Opportunity of Lw:erne Caunt"f
163 .~ber Lane
W'1lkes-Barre, PA 18702
(570) 826~510 or (800) 822-0359
F.~"l: (570) 829-1665-CALL BEFORE FA.."illl'G
(570) 455-4994 Ii.>.ZELTON
F.~"l: (570) 455-5631~ALL BEFORE FA."ID1G
(570) 836-4090 TUNKH..-'.J.','NOCK
Booker T, Washington Center
1720 Holland Sl::'eet
Erie, PA 16503
(814) 453-5744
F_~"l: (814) 453-5749
John F. Kennedy Center, Ine,
2021 East 20t.'> St:eet
Erie, P.... 16510
(814) 898-0400
FAX (814) 898-1243
CCCS of We.tern PellllSvlvania, Ine,
2000 ting!estown Road -
Har.".sburg, PA 17102
(717) 541-1757
Urban League oDletropolitan Harrisburg
N. 6th Sl::'eet
Har.".sburg, P.... 17101
(717) 234-5925
F A..,,( (i! 7) 234-9459
Communit"f .,",-:ion Comm of the Capital Region
1514 Derrv St:'eet
Harr'.sbuq, PA 17104
(717) 232,9757
F.~"l: (717) 234-2227
CRAWFORD COtJ'NTY
Greater Erie Ca=unit"f ,'"':ion CaI::l.Illit"..ee
18 We.t 9th Street
Erie, PA 16501
(814) 459-4581
FAX (814) 456-0161
Shenango Valley U man League, !ne
601 Indiana Avenue
Farrell. PA 16121
(412) 981-5310
CUMBER.I..A."'D COUNTY
Financial Counseling Se,..""". of F=klin
31 West 3n! Street
Waynesboro, Pil. 11268
(717) 762-3285
YWCA of Carlisle
301 G Street
Carlisle, P,~ 17013
(717) 243-3818
FA."( (717) 731-9589
Adams Caunt"f Houaing Autharlt"f
139-143 Carlisle St
Gettysburg, PA 17325
(717) 334-1518
F.~"( (717) 334-8325
EXHIBIT A
PalNSYt.VANIA BULl.ET1N, VOL 29, NO. Zl. JUNe s. 1999
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l\U THAT <iirAIN- lot or t;"~~t-~f ~l-~;;d-..si-t~~-te 1-n~-th~- -Bo~;;z.;gh of We~'t Fai-rvie~-,
Cumberland County~ Pennsylvania, mo~e particularly bounded and described as
~o11ows. to wit:
BEGINNING at a point on the southern l;ne of Fai~mont Street (40 feet wide) at
its intersection with the eastern line of High Street (40 feet wide). all as
shown On a p1an OT property prepared by D. P. Rarfensperger. da~ed Ja~uary 25,
1961 for Zara Hoch. thence along the southern line of Fairmont Street, North
71 dogrees 58 minutes East a distance of 100.8 feet to a point; thence South
IS degre,es 02 mfnu,tes East. a di stance of 100 feet to a poi nt ~t 1 ina of Lot
No. 29 on the plan of lots referred to hereinaf1;.er'; thence along said lin,e~
South 71 degrees 58 minut~s East. a distance of 100.8 feet ~o a point; thence
South 18 degrees 02 minutes ~ast7 a distance oT 100 feet to a point at line
of ~ot No. 29 on the plan of lots referred to hereinafter; thence along said
line, South 71 degrees 58 minutes West, a distance of 100.8 feet to a point on
the eastern line of Hign Street; and thence along the eastern line of High
Street, North 1a degrees 02 minutes West. a distance o~ 100 feet to a pOint.
the place of BEGINNING.
BEING lots Nos. 27 and 28 as shown on the arorementioned p1an and also as shown
on the plan of lots surveyed by l. P. Horne, dated June 15. 1946, recorded in
Deed Book IIT". Volume 13, Page 39. Cumberland County RecordS.
West Fair-viewl
~AVING THEREON ERECTED a dwelling house known as 623 High Street,
Pennsylvania.
BEING the same premises whi eh Lore~t~ ~a8 a~~n~~~. C~~~~1~~~ea~~n~~e i ~o~:;ed b~O~~l'
~~e~o~~t;d3~~r~~9;'7~~~7g;~~t~~c:ridehCotn~:~e~iU9~~O ~~~~~t:n~a~n~~~:~t ~~r~~~~sA.
Ro'se jains in this deed to convey IN a ev, ..
by virtue of marriage.
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VERlFICA nON
KEVIN COLGAN hereby states that he is ASSISTANT SECRETARY of FIRST UNION
MORTGAGE CORPORA nON mortgage servicing agent for Plaintiff in this matter, that he is
authoriz~d to take this Verification. and :har the statements made in the foregoing Civil Action in Mortgage
Foreclosure :."ire true and correct to the best of his kno\vledge, information and belief. The undersigned
understands that this statement is made subject to the penalties of 18 Pa, CS. Sec, 4904 relating to unsworn
falsification to authorities,
J;:~ / C-1
DATE:
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-03912 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FIRST UNION NATIONAL BANK
VS
MARTIN WILLIAM L
WILLIAM DIEHL
, 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
MARTIN WILLIAM L
the
DEFENDANT
, at 1800:00 HOURS, on the 10th day of July
, 2000
at 623 HIGH ST.
ENOLA, PA 17025
by handing to
WILLIAM MARTIN
a true and attested copy of COMPLAINT - MORT FORE
together with
NOTI CE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
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18,00
9,30
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10.00
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37.30
R. Thomas Kline
07/11/2000
FEDERMAN AND PHELAN
Sworn and Subscribed to before
By:
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FEDERMAN AND PHELAN
By: FRANK FEDERMAN
Identification No. 12248
Two Penn Center Plaza - Suite 900
Philadelphia, PA 19102
(215) 563-7000
Attorney for Plaintiff
FIRST UNION NATIONAL BANK,
SIBIM TO CENTERBANK
MORTGAGE COMPANY
1100 CORPORATE CENTER DRIVE
RALEIGH, NC 27607-5066
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
: CIVIL DIVISION
Plaintiff
: NO. 00-3912
vs.
WILLIAM L. MARTIN
623 HIGH STREET
ENOLA,PAI7025
Defendant(s)
PRAECIPE FOR JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment, in rem, in favor of the Plaintiff and against WILLIAM L.
MARTIN, Defendant(s), for failure to file an Answer to Plaintiffs Complaint within 20 clays from
service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs
damages as follows:
As set forth in Complaint
Interest 05/01/00 TO 08/14/00
$63,760.86
$1.516,86
$65,277.72
TOTAL
I hereby certifY that (1) the addresses of the Plaintiff and Defendant(s) are as shown above,
and (2) notice has been given in accordance with Rille 237.1, copy attached.
F~E~~SQUIRE
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED. ~
DATE: 11..1''- :::lrx>() Is.( G ./)~) 12 .
I I PRO PROTHY
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TIllS DEBT WAS
NOT REAFFIRMED, TIllS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT
A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ..
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FEDERMAN AND PHELAN
Frank Federman, Esquire
Identification No, 12248
Two Penn Center Plaza
Suite 900
Philadelphia, PA 19102-1799
(215) 563-7000
ATTORNEY FOR PLAINTIFF
,
FIRST UNION NATIONAL BANK,
SIBIM TO CENTERBANK MORTGAGE
COMPANY
COURT OF COMMON PLEAS
CIVIL DIVISION
Plaintiff
CUMBERLAND COUNTY
vs.
NO. 00-3912
WILLIAM L, MARTIN
Defendant(s)
TO: WILLIAM L. MARTIN
623 HIGH STREET
ENOLA, PA 17025
FILE COpy
DATE OF NOTICE: AUGUST 1. 2000
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT,
THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE
INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED
FROM YOU WILL BE USED FOR THAT PURPOSE,IF YOU HAVE PREVIOUSLY
RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS
NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A
DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY.
IMPORTANT NOTICE
You are in default because you have failed enter a written
appearance personally or by attorney and file in writing with the
court your defenses or objections to the claims set forth against
you. Unless you act within ten (10) days from the date of this
notice, a Judgment may be entered against you without a hearing
and. you may lose your property or other important rights. You
should take this notice to a lawyer at once. If you do not have a
lawyer or cannot afford one, go to or telephone the following
office to find out where you can get legal help:
CUMBERLAND COUNTY
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
Frank Federman, Esquire
Attorney for Plaintiff
.
.
FEDERMAN and PHELAN
By: FRANK FEDERMAN
Identification No. 12248
Suite 900
Two Penn Center Plaza
Philadelphia, PA 19102
(215) 563-7000
Attorney for Plaintiff
FIRST UNION NATIONAL BANK,
S/BIM TO CENTERBANK
MORTGAGE COMPANY
: CUMBERLAND COUNTY
: Court of Common Pleas
Plaintiff
: CIVIL DIVISION
vs.
: NO. 00-3912
WILLIAM L. MARTIN
Defendant(s)
VERIFICATION OF NON-MILITARY SERVICE
FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the
Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the
following facts, to wit:
(a) that the defendant(s) is/are not in the Military or Naval Service of the United
States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act
of Congress of 1940, as amended
(b) that defendant WILLIAM L. MARTIN is over 18 years of age and resides at
623 HIGH STREET, ENOLA,PA 17025.
This statement is made subject to the penalties of 18 Pa, C.S. Section 4904 relating
to unsworn falsification to authorities.
F~J~
Attorney for Plaintiff
.
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(Rule of Civil Procedure No. 236 - Revised)
FIRST UNION NATIONAL BANK,
S/B/M TO CENTERBANK
MORTGAGE COMPANY
: CUMBERLAND COUNTY
: Court of Common Pleas
Plaintiff
: CIVIL DIVISION
vs.
: NO. 00-3912
WILLIAM L. MARTIN
Defendant(s)
Notice is given that a Judgment in the above captioned matter has been entered against you on
AUGUST II.... .2000. :
. '..J:lr/~"- D - 2. ~iDEPUTY
If you have any questions concerning this matter, please contact:
FRANK FEDERMAN. ESOUlRE
Attorney for Filing Party
SUITE 900
TWO PENN CENTER PLAZA
PHILADELPHIA, PA 19102
(215) 563-7000
**TIDS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, IF YOU HAVE PREVIOUSLY
RECEIVED A DISCHARGE IN BANKRUPTCY AND TIllS DEBT WAS NOT REAFFIRMED, TIllS IS NOT
AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY
ENFORCEMENT OF A LIEN AGAINST PROPERTY, **
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PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P,R.C,P, 3180-3183
FIRST UNION NATIONAL BANK, S/B/M TO
CENTERBANK MORTGAGE COMPANY
Plaintiff,
v.
WILLIAM L. MARTIN
Dcfendant(s),
CUMBERLAND COUNTY
No, 00-3912 CIVIL
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
Interest from 8t14/00-12/6/00
(per diem - $10,'73)
Note: Please attach description of property.No.
$65.277.72 -/
$1223.22 and Costs
$66,500.94 TOTAL
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F K FED RM , ESQUIRE ")
TW PENN CENTER PLAZA
SUITE 900
PHILADELPHIA, PA 19102
Attorney for Plaintiff
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DESCRIPTION
ALL THAT CERTAIN lot or tract of land situate in the Borough of West Fairview, Cumberland
County, Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the southern line of Fairmount Street (40 feet wide) at its intersection
with the eastern line of High Street (40 feet wide), all as shown on a plan of property prepared by
D. P. Raffensperger, dated January 25, 1961 for Zora Hoch; thence along the southern line of
Fairmount Street, North 71 degrees 58 minutes East a distance of 100.8 feet to a point; thence
South 18 degrees 02 minutes East, a distance of 100 feet to a point at line of Lot No. 29 on the
plan of lots referred to hereinafter; thence along said line, South 71 degrees 58 minutes East, a
distance of 100.8 feet to a point; thence South 18 degrees 02 minutes East, a distance of 100 feet to
a point at line of Lot No. 29 on the plan of lots referred to hereinafter; thence along said line,
South 71 degrees 58 minutes West, a distance of 100.8 feet to a point on the eastern line of High
Street; and thence along the eastern line of High Street, North 18 degrees 02 minutes West, a
distance of 100 feet to a point, the place of BEGINNING.
BEING Lots Nos. 27 and 28 as shown on the aforementioned plan and also as shown on the pkm of
lots surveyed by L. P. Horne, dated June 15, 1946, recorded in Deed Book "T", Volume 13, Page
39, Cumberland County Records.
HAVING THEREON ERECTED a dwelling house known as 623 High Street, West Fairview,
Pennsylvania.
TAX PARCEL NUMBER: 45-15-1293-003D
RECORD OWNER
TITLE TO SAID PREMISES IS VESTED IN William L. Martin, singleperson by Deed from
Loretta Mae Rose and Timothy A, Rose, Sr., husband and wife dated 9/22/88 recorded 9/26/88 in
Deed Book 0-33 Page 846.
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FIRST UNION NATIONAL BANK, S/B/M TO
CENTERBANK MORTGAGE COMPANY
CUMBERLAND COUNTY
Plaintiff,
COURT OF COMMON PLEAS
v.
CIVIL DIVISION
WILLIAM L, MARTIN
NO, 00-3912 CIVIL
Defeudant(s),
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No, I)
FIRST UNION NATIONAL BANK, S/BfM TO CENTERBANK MORTGAGE COMPANY,
Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date
the Praecipe for the Writ of Execution was filed the following information concerning the real property
located at 623 HIGH STREET, ENOLA, PA 17025.
1. Name and address of Owner(s) or reputed Owner(s):
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
WILLIAM L. MARTIN 623 HIGH STREET
ENOLA,PAI7025
2. Name and address ofDefendant(s) in the judgment:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
Same as above
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
PROVIDIAN
NATIONAL BANK
295 MAIN STREET
TILTON, NH 03276
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4. Name and address of the last recorded holder of every mortgage of record:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
TMS MORTGAGE,
INC. D/B/A THE
MONEY STORE
1450 DEL PASO ROAD, SUITE 200
SACRAMENTO, CA 95834
5. Name and address of every other person who has any record lien on the property:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate,)
None
7. Name and address of every other person whom the plaintiff has knowledge who has any interest
in the property, which may be affected by the sale:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate,)
Tenant/Occupant
623 HIGH STREET
ENOLA, P A 17025
Domestic Relations of
Cumberland County
13 North Hanover Street
Carlisle, PA 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 to authorities.
September 7, 2000
DATE
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FIRST UNION NATIONAL BANK, SIBIM TO
CENTERBANK MORTGAGE COMPANY
Plaintiff,
CUMBERLAND COUNTY
No, 00-3912 CIVIL
v,
WILLIAM L. MARTIN
Defendant(s).
September 7, 2000
TO: WILLIAM L. MARTIN
623 HIGH STREET
ENOLA, P A 17025
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED
TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY."
Your house (real estate) at 623 HIGH STREET, ENOLA. P A 17025, is scheduled to be sold at
the Sheriff's Sale on DECEMBER 6. 21100 at 10:00 a.m. in the Cumberland County Courthouse, South
Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by FIRST UNION
NATIONAL BANK. SIB/M TO CENTERBANK MORTGAGE COMPANY (the mortgagee)
against you. If the Sheriff's sale is postponed, the property will be relisted for the March 7, 2001
Sheriffs Sale.
NOTICE OF OWNER'S RIGHTS
YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
l. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000,
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.
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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. lfthe Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7, You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
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DESCRIPTION
ALL THAT CERTAIN lot or tract of land situate in the Borough of West Fairview, Cumberland
County, Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the southern line of Fairmount Street (40 feet wide) at its intersection
with the eastern line of High Street (40 feet wide), all as shown on a plan of property prepared by
D. P. Raffensperger, dated January 25, 1961 for Zora Hoch; thence along the southern line of
Fairmount Street, North 71 degrees 58 minutes East a distance of 100.8 feet to a point; thence
South 18 degrees 02 minutes East, a distance of 100 feet to a point at line of Lot No. 29 on the
plan of lots referred to hereinafter; thence along said line, South 71 degrees 58 minutes East, a
distance of 100.8 feet to a point; thence South 18 degrees 02 minutes East, a distance of 100 feet to
a point at line of Lot No. 29 on the plan of lots referred to hereinafter; thence along said line,
South 71 degrees 58 minutes West, a distance of 100.8 feet to a point on the eastern line of High
Street; and thence along the eastern line of High Street, North 18 degrees 02 minutes West, a
distance of 100 feet to a point, the place of BEGINNING.
BEING Lots Nos, 27 and 28 as shown on the aforementioned plan and also as shown on the plan of
lots surveyed by L. P. Horne, dated June 15, 1946, recorded in Deed Book "T", Volume 13, Page
39, Cumberland County Records.
HAVING THEREON ERECTED a dwelling house known as 623 High Street, West Fairview,
Pennsylvania.
TAX PARCEL NUMBER: 45-15-l293-003D
RECORD OWNER
TITLE TO SAID PREMISES IS VESTED IN William L. Martin, singleperson by Deed from
Loretta Mae Rose and Timothy A. Rose, Sr., husband and wife dated 9/22/88 recorded 9/26/88 in
Deed Book 0-33 Page 846,
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AFFIDAVIT OF SERVICE
PLAINTIFF
FIRST UNION NATIONAL BANK, SIBIM TO
CENTERBANK MORTGAGE COMPANY
CUMBERLAND COUNTY
No,OO-3912 CIVIL
DEFENDANT(S)
WILLIAM L. MARTIN
Type of Action
- Notice of Sheriff's Sale
SERVE AT
623 HIGH STREET
ENOLA, PA 17025
Sale Date: DECEMBER 6, 2000
Served and made known to
SERVED
tJJ,\\'\Q1M l, M'1l'l\\'Qo(
, Defendant, on the ;<$II.~
/70'd5
day ofjir-\:"tw I?e~, 20~,
at IO:!i.3,0'clock:\L,m"at (;,a,.1 I-h:;\.. 'S-\:.. J Eruo\-a: P"..
, Commonwealth
of Pennsylvania, in the manner described below:
X Defendant personally served,
Adult family member with whom Defendant(s) reside(s), Relationship is
Adult in charge ClfDefendant(s)'s resideuce who refused to give name or relatiClnship,
Manager/Clerk of place oflodging in which Defendant(s) reside(s),
Agent or person in charge ofDefeudant(s)'s office or usual place of business,
an officer of said Defendant(s)'s company.
Other: '
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Description: Age~ Heightll Weight1!f;! Race~Sex Other :;l I J
I &~
I, Q. "1l~e.",c <<. L, Caj(~ . :r.< , a competent adult, being duly sworn according to law, depose and state that I personally handed
a true and correct copy of the otice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at
the address indicated above
Sworn to and subscribed ANtE.._- ".
beforemethis~&fl-day ~.Fn ,"
of 5'f?fe;r.bu', 200~. ". "'.. "
Notary: ~~Y\o(....,.,6 ~ By:
x
NOT SERVED
On the day of
, 200~ at
o'clock _.m., Defendant NOT FOUND because:
Moved Unknown
No Answer
Vacant
Other:
Sworn to and subscribed
before me this _ day
of , 200 _'
Notary:
By:
Attornev for Plaintiff
Frank Federman, Esquire - I,D. No, 12248
Two Penn Center Plaza, Suite 900
Philadelphia, PA 19102
(215) 563.7000
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FIRST UNION NATIONAL BANK, S/B/M
TO CENTERBANK MORTGAGE COMPANY
Plaintiff
CIVIL DIVISION
vs.
No. 00-3912 CIVIL
WILLIAM L. MARTIN
Defendants
AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129
COMMONWEALTH OF PENNSYLVANIA
SS:
CUMBERLAND COUNTY
I, FRANK FEDERMAN, ESQ., attorney for FIRST UNION NATIONAL
BANK. SIBIM TO CENTERBANK MORTGAGE COMPANY, hereby verify that on
SEPTEMBER 14. 2000, true and correct copies of the Notice of Sheriff's Sale were
served by certificate of mailing to the recorded lienholder(s), and any known interested
party, see Exhibit "A" attached hereto, and the Notice of Sale was sent to defendant(s)
on SEPTEMBER 14, 2000 by first class mail and certified mail return receipt requested,
see Exhibit "B" attached hereto.
i\tM-I; ~
FRANK F ERMAN, ESQUIRE
Attorney f r Plaintiff
Date: November 2. 2000
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i~ 3. Article Addressed tQ:
~ WILLIAM L. MARTIN
, 623 H(OH STREET
ENOLA., PA 17025
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I also wish to receive tha
following service (for an extra fee):
RESTRlCTED
DEIJVERY
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Consult postmaster.forfee.
4a Article Number
P 969 055 3 39
1111I111111111111111111111111111111111111111111111111111111
4b. Service Type
7. Date of Delivery
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Domestic Return Race
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P 969 055339
WILLIAM L. MARTIN
623 HIGH STREET
ENOLA, PA 17025
SENDER:
REFERENCE:
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SALES
PS FORM 3800 SEPTEMBER 1995
.......
RETURN
RECEIPT
SERVICE
Cerltlled Fee
Return Receipt Fee
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Total Postage and Fees
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STATE OF PENNSYLVANIA,
COUNTY OF CUMBERLAND
} 55.
Robert P Ziegler
I, ______________________________________________________________________________Ilecorderof
Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which _n_______n____
Federal Natl Mtg Assoc ,
_____________ ----------,..---'. --------- --- -- ------ ___ __ ___ _____ __ ___ __ ___ __ _ __ __ __ ___ _ IS the grantee
the same having been sold to said grantee on the n__~_~~__n______n__unn______u_unnn__ day of
Dec 2000
___nnn__nnn_____n_n_________nn A, D., '_nn' under and by virtue of a wriLn___________
Execution 11th
___nn__n__u______n _n n ___ ______n____ _u __ issued on the _n___ __n____n __n____ __ n n __ __ n_
Sept 2000
day of ______nn____________-n- A. D., n_' out of the Court of Cornman Pleas of said County as of
Civil 2000
______________________________.,.__ ___ __ __________ __ ________ __ ________ __ ___________ Term,
3912 First Union Natl Bank
Number ____u________, at the suit of _u_u____________________nh_____nn____________nn________
William L Martin
___________________________________against____________________________________________________ 6
duly recorded in Sheriff's Deed Book No. _____nu~~?' Page __n________, 604
IN TESTIMONY WHEIlEOF, I have hereunto
set my hand and seal of said office this __jf~~ day
of ------h7-.--------- A, D., ~~.!:.~/
~~~4~-o;.;.
Recorder of Deeds, Cumberland County, Carlisle, PA
My Commission Expires the First Monday of Jan. 2002
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First union National Bank, S/MIB to
. Centerbank Mortgage Company
-vs-
William 1. Martin
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. 2000-3912 Civil
Shawn Harrison, Deputy Sheriff, who being duly sworn according to law says on October 19,2000 at
II :55 o'clock A.M. EDST, he served a true copy of Real Estate Writ Notice Poster and Description in
the above entitled action upon the within named defendant to wit: William 1. Martin by making known
unto William Martin at 623 High Street, Enola, Cumberland County, Pennsylvania, its contents and at
the same time handing to him personally the said true and attested copies of the same.
William Diehl, Deputy Sheriff, who being duly sworn according to law, says on October 9, 2000 at
4:44 o'clock P.M. EDST, he posted a copy of Real Estate Writ Notice Poster and Description on the
property of William Martin located at 623 High Street, Enola, Cumberland County, Pennsylvania,
according to law.
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 ofthe action to the defendant to wit: William 1. Martin by regular mail to his last known
address 623 High Street, Enola, Pennsylvania. This letter was mailed under the date of October 23, 2000
and never returned tot he Sheriff s 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 above described premises at public venue or outcry
at Court House, Carlisle, Cumberland County, Pennsylvania on December 6, 2000 at 10:00 o'clock
A.M. EST and sold the same for the sum of$ 1.00 to Attorney Dale Shughart for Federal National
Mortgage Association. It being the highest bid and best price quoted Federal National Mortgage
Association of 1900 Market Street, Suite 800, Philadelphia, Pa being the buyer in this execution paid to
SheriffR. Thomas Kline the sum of $ 804.02 it being costs.
Sheriff's Costs:
Docketing
Poundage
Posting Bills
Advertising
Acknowledging Deed
Auctioneer
Law Library
County
Mileage
Certified Mail
Levy
Surcharge
Law Journal
Patriot News
Share of Bills
Distribution of Proceeds
Sheriff s Deed
30.00
15.77
15,00
15.00
30.00
10.00
.50
1.00
19.84
.86
15,00
20.00
339.80
216.60
23.15
25.00
26.50
$ 804.02 Pd By Atty
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Sworn and Subscribed To Before Me
This jq~ DaYOfq~
2001,A.D.Qtit" Q ~10'DI.v,~
p onotary
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01/05/01
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R. Thomas Kline, Sheriff
BY-flt:;,~- ./LLi
Real Estate Deputy
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Writ No, 2000.3912
Civil Term
Firsl'Union Natlonat' Bank
slb!m to Centerbahk Mortga'ge Company
.. vs .
WiJllamL.lAartin
. Atty: Frank Federman
DESCRIPTION
ALL THAT CERTAIN lot or tract of land
sl~ate lnthc Borough of West FJ.irview, alkla
E-a,st PL'llnsbor:o Towriship,
Cumb~rlandCQunty" Pen'nsylvania, more
particularly bouns.i'd and - described as
follows,tol\it: ,
BEGINNING at a point on Hw southern line of
Fainnount Street I.~O feet 'wide) at its
':interSection with 'the e.astem Jipe of High
':Str~er(40[e-et l<iidE.'), alr,1$ shown 00 a plan of
'property prepared by' D.P. Raifenspergc.y
'dated January :25, 1%1 tor Zota Hoch; thence
along u,e Soulhe;n llnc of Fairmount -Street,
NOrth 71 degrees 58 minutes Hasta distance-of
100.8 feet tQ a ooint; thence South 18 degre~
02 mim.ites East; a distance- of 100 feet to a
p~int at line of lOt No. 29 on the plan of lole;
.ref\:'rred to herl'inafter; th~ce aiang Said, line,
StMh 71 degrees 58 minutes East, a di.sfa,nc.J?
{)f. 100.8 fL~t to a pOUlt; lhl'nce South 18
,,4egree? 02 minutes East, a distan('c of 1011 feet
to a point at line of Lot No. 29 on the plan of
lots rderred to hereinafter; thence alon~ 5dld'
cline. Souih 71 degrees 58, minutes W('st,..a
. ,:dist<U:tcc...of 100.8 feel to a point on the eastern
. Hnc of High Strel1t and .thence, along the
~slem.line of Hig!\ Streer; North 18 ot>grws
02. minu,tes We:;t, a distance of 100 feet to a
point. the place-of BEGlNNlNG. , .
BEING Lots Nos. 27 a,hd 28 as 5hO\~tI on the
aIorementioned plari':ind also as shown on the
-plan of lots. surveyed by L.P. Horne, dated June
15, 1946, r\lcorded in Deed Book "T', \'olume
13, Page 39. Cumberland Counlv Records.
HAVING THEREON EREam a dwelling
bpuse known as 623 High Street, \Vest
Fainjew; Parllls/'lvania.
TAX PARCEL NUMBER, 45,15-1293.003D,
TITlE 10 SAlD PREMlSES IS VESTED IN
William L Marlin, Mngle persori,.by Deed from
loretta, Mae Rose .ana TImothv A. Rose, S..,
husband and wife, dated 91111&3 recorded 9(
_J~~J.~ Deeq~ook ~3!~,S~~_~_ _~__,'~
THE
THE PATRIOT NEWS
SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16. 1929
Commonwealth of Pennsylvania, County of Dauphin} 5S
James L. Clark being duly sworn according to law, deposes and says:
That he is the Acounts Receivable 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 of business at 812 to 818
Market Street. in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The
Patriot-News and The Sundav Patriot-News newspapers of general circuiation, printed and published at 812 to 818
Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were
established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published
ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular daiiy and/or Sunday/ Metro editions which appeared on the 31st day of October and the 7th and 14th
day(s) of November 2000. That neither he nor said Company is interested in the subject matter of said printed
notice- or advertising, and that all of the allegations of this statement as to the time, piace 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
""", ""m'" 0' '"' .",,,,,,'" '"' 000", ill "roct,," ,,' fu, "''' roo' '"' "'"'"'"'"" '"" moo"" '"
':;':~:~::::"""' ill D.." '" '"' '~''''CO:='''D~'"''.'':~"::~~:mm
COpy and sUbscrit~'::fore me is 1st day of ece ber 2000 AD.
SALE #48
Notalial Seal
Terry.L Russell, Notary Public
HalTlsbUfg, DauphIn County /
My Commission Expires June 6, 2002
Member, Pennsylvania Association of Notane commission 'expire,s June 6, 2002
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNlY COURTHOllSE"
CARLISLE, PA. 17013
1
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 $
215.10
1.50
216.60
,
,
Publisher's Receipt for Advertising Cost
The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid,
By..................................,.......,.........................
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RML ES<F"". ~ NO. 48
Writ No. 2000-3912 Clvtl
First Union National Bank S/B/M
To Centerbank Mortgage Company
vs.
William L. Martin
Atty, Frank Federman
DESCRlPrl0N
ALL THAT CERTAIN lot or tract
of land situate In the Borough of
West Falrvlew, n/!</a East
Pennsboro Township, Cumberland
County, Pennsylvania, more par-
ticularly bounded and described as
follows, to Wit:
BEGlNNING at a poInt on the
southern l1ne of Fatnnount Street
(40 feet Wide) at Its Intersection With
the eastern line of Hlgh Street (40
feet wide), all as shown on a plan of
property prepared by D. P. Raffens-
perger, dated JanuaIY 25. 1961 for
Zorn Hoch: thence along the south-
ern line of FaJrmount Street, North
71 degrees 58 minutes East a dis-
tance of 100,8 feet to a point; thence
South 18 degrees 02 minutes East.
a distance of 100 feet to a point at
line of Lot No. 29 on the plan of lots
referred to hereinafter: thence along
sald line. South 71 degrees 58 min-
utes East, a distance of 100.8 feet
to a pOint: thence South 18 degrees
02 minutes East. a distance of 100
feet to a point at line of Lot No. 29
on the plan of lots referred to here-
Inafter: thence along sald line. South
71 degrees 58 minutes West, a dis-
tance of 100.8 feet to a point on the
eastem line of High Street. and
thence along, the eastemline of High
Street, North 18 degrees 02 min-
utes West. a distance of 100 feet to
a point. the place of BEGINNING,
BEING Lots Nos, 27 and 28 as
shown on- ,the aforementioned plan
and also as shown on the plan of
lots sUlveyed by L, P. Horne. dated
June 15, 1946. recorded in Deed
Book "T". Volume 13, Page 39.
Cumberland County Records.
HAVlNG 'THEREON ERECTED a
dwelling house known as 623 Hlgh
Street. West Fa1rv1ew, Pennsylva-
nia.
TAX PARCEL NUMBER: 45-15-
1293-003D,
RECORD OWNER
TITLE TO SAlD PREMISES IS
VESTED IN W1lllam L. MarUn,
slngIeperson by Deed from Loretta
Mae Rose and TImothy A. Rose, Sr..
husband and wife dated 9/22/88
recorded 9/26/88 In Deed Book 0-
33 Page 846,
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PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
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 of the said Cumberland Law
Journal on the following dates,
VIZ:
OCTOBER 27, NOVEMBER 3,10,2000
Affiant further deposes that he is authorized to verifY this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
. statements as to time, place and character of publication are true.
R~Editor--
SWORN TO AND SUBSCRIBED before me this
IO day of NOVEMBER. 2000
NOT ARIA! EAL
LOIS E. SNYDER. !'-iOtary .Pvblic
Carlitle Boro, CumberlOnd Caunty, PA
My Commission Expi_ltcircb5; 1?9' :
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FIRST UNION NATIONAL BANK, S/B/M TO
CENTERBANK MORTGAGE COMPANY
CUMBERLAND COUNTY
Plaintiff,
COURT OF COMMON PLEAS
v.
CIVIL DIVISION
WILLIAM L. MARTIN
NO. 00-3912 CIVIL
Defendant(s),
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No, 1)
FIRST UNION NATIONAL BANK, S/B/M TO CENTERBANK MORTGAGE COMPANY,
Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date
the Praecipe for the Writ of Execution was filed the following information concerning the real property
located at 623 mGH STREET, ENOLA, P A 17025.
1. Name and address ofOwner(s) or reputed Owner(s):
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate,)
WILLIAM L. MARTIN 623 HIGH STREET
ENOLA, PA 17025
2, Name and address ofDefendant(s) in the judgment:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
Same as above
3, Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate,)
PROVIDlAN
NATIONAL BANK
295 MAIN STREET
TILTON, NH 03276
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4. Name and address of the last recorded holder of every mortgage of record:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
TMS MORTGAGE,
INC. D/B/A THE
MONEY STORE
1450 DEL PASO ROAD, SUITE 200
SACRAMENTO, CA 95834
5. Name and address of every other person who has any record lien on the property:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
7. Name and address of every other person whom the plaintiff has knowledge who has any interest
in the property, which may be affected by the sale:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate,)
Tenant/Occupant
623 HIGH STREET
ENOLA, PA 17025
Domestic Relations of
Cumberland County
13 North Hanover Street
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 to authorities,
September 7.2000
DATE
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FIRST UNION NATIONAL BANK, S/B/M ']['0
CENTERBANK MORTGAGE COMPANY
Plaintiff,
CUMBERLAND COUNTY
No. 00-39i2 CiViL
v,
WiLLiAM L. MARTIN
Defendant(s),
September 7, 2000
TO: WILLIAM L. MARTIN
623 HIGH STREET
ENOLA, PA 17025
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED
TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY."
Your house (real estate) at 623 HIGH STREET, ENOLA, FA 17025, is scheduled to be sold at
the Sheriffs Sale on DECEMBER 6, 2000 at 10:00 a.m. in the Cumberland County Courthouse, South
Hanover Street, Carlisle, P A 17013, to enforce the court judgment obtained by FIRST UNION
NATIONAL BANK, SIB/M TO CENTERBANKMORTGAGE COMPANY (the mortgagee)
against you. If the Sheriff s sale is postponed, the property will be relisted for the March 7, 2001
Sheriffs Sale.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000,
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.
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You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale, (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale ifthe 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 calI (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you wiII remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the fuII amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money wiII be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, P A 17013
(717) 249-3166
(800) 990-9108
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DESCRIPTION
ALL THAT CERTAIN lot or tract of land situate in t:he Borough of West Fairview, n/k/a East
Pennsboro Township, cumberland County, Per~ylvania, more particularly bounded and
describe.d as fo,}}ows, co wit:
BEGIc'\fNING at a point on the southern line of Fairmoum Street (40 feet wide) at i~ intersection
with the eastern line of High Street (40 feet wide), all as shown ou a plan of property prepared by
D. E. Raffensperger, dated January 25, 1961 for Zora Hoch; thence along the southern line of
F.airmount Street, North 71 degrees 58 minutes East a mstalJCe of 100,8 feet to a paine; thence
South 18 degrees 02 minmes East, a distance of 100 feet to a point at line of Lot No. 29 on the
plan of lots referred to hereinafter; thence along said line, South 71 degrees 58 minutes East, a
distance of 100.8 feet to a point; theuce South 18 degrees 02 minutes East, a distance of 100 feet to
a point at line of Lot No. 29 on the plan of loes referred to hereinafter; thence along said line,
South 71 degrees 58 minutes West, a distance of 100.8 feet to a point on the eastern line of High
Street; and thence along the eastern line of High Street, North 18 degrees 02 minutes West, a
distance of 100 feet to a point, the place of BEGlt'WING,
BEING Lots Nos. 27 and 28 as shown. on the aforementioned plan and also as shown. on the pl:an of
lots surveyed by 1. P. Home, dated June 15, 1946, recoraed in Deed Book "T", Volume 13, Page
39, Cumberland County Records.
HAVING THEREON ERECTED a dwelling house known as 623 High Street, West Fairview,
Pennsylvania.
'.
TAX PARCEL NUMBER: 45-15-1293-003D
RECORD OWNER
TITLE TO SAID PRElVITSES IS VESTED IN William L. Martin, singleperson by Deed from
Loretta Mae Rose and Timothy A, Rose, Sr" husband and wife dated 9/22/88 recorded 9/26/88 in
Deed Book 0-33 Page 846.
5EP 19 2000 11'26
2159231034
PAGE. 02
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO.
(){)_,Ql? CIVIL~
CIVIL ACTION - LAW
TO THE SHERIFF OF
Cumberland
COUNTY:
To satisfy the debt, interest and costs due
Mortgage Company
First Union National Bank, S/B/M To Centerbank
PLAINTIFF(S)
from W;11;;:;lm T M?rtil1
DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell
see legal description
(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 at!achment has been issued; (b) the garnishee(s)is/areenjoinec;t from paying any
debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing
thereof;
(3) If property of thedefendant(s) not levied upon an subject to attachment is found in the possession of anyone other
than a named garnishee. you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above
stated.
Amount Due
$65,277.72
L.L. S.50
co,,-ts
$1223.22 and uue Prothy
Other Costs
Inlerest from 8/14/00-12/6/00
(per diem - $10.73)
AllY's Comm %
$1. 00
Atty Paid
Plaintiff Paid
$109.30
Dme: September II, 2000
Curtis R. Long
Prothonotary, Civil Division
by: ~~~ k.>>~ W
Deputy
REQUESTING PARTY:
Name
Address:
Frank Federman, Esq.
Two Penn Center Plaza Suite 900
Philadelphia. PA 19102
Attorney for: Plaintiff
Telephone: 215-563-7000
Supreme Court ID No. 12248
,
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REAL ESTATE SALE NO.J1~
un ~)7.P.PiJ the sheriff levied upon the defendam5
tnterest in the real prooertv <;itll;jted in E..~:I ~ .1.,... -;;t.,.nv>o/
Cumberland County, Pa . numbered as:tOl'] /0/. J.u-
LJ~! ;:J~"') ana mortued on Exhibit "A" filed with
this writ and by this referenc>
'1ate~/9. ~
ncorporated herein.
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