Loading...
HomeMy WebLinkAbout02-5965THE LAW OFFICES OF BARBARA A. FE1N, P.C. Barbara A. Fein / I.D. No. 53002 Kristen J. DiPaolo / I.D. No. 79992 425 Comlnerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys fop Plaintiff BANK ONE, N.A. f/Wa THE FIRST NATIONAL BANK OF CHICAGO, As Trustee Under The Pooling And Servicing Agreement Dated as of June 1, 1998, Series 1998-A, Without Recourse, By And Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff', DAVID G. BIJTZ and SANDRA (7. RITTER-BUTZ, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE NOT[( E NOTICIA YOU HAVEBEINSUED[N(OURF IF YOU WISHTODEFENDAGAINSI THE CLAIMS SEI FORTH IN ]IIE FOI[ OWINH PAGES. YOU MUSE 'lAKE ACTION WlllIIN I WIN3 Y (30) DAYS At: FER 'Fills COMPLAINT AND NOIICE ARE SERVED. B'r INTERING A WRIFTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRIIING WITH THE COURI YOtIR DEFENSES ORt)BJECTIONS IO IHI CLAIMS SET FOWIH AGAINST YDti YOI/ARE WARNED 1 HA I IF YOD FAIL TO DO SO FHE CASE MAY PROCI ED WIIH()U] YOU AND A JU[)(iMENT MAY BE ENTEREDAGAINSI YOUBV/Ill C(}URI WFIIIOUTIURIHERNOFICF I:ORANY MI)NFY £1AIMIIIIN FIll £OMPLAINI OR FOR ANYO['HER CLAIM OR REIIIF RliOUISFI[) BY IllE PLAINTIFF VGU MAY LOSE MONEY ORPROPIR'IY()RI)IIIliRRI(;NTSIMPORIANI IOYOIJ YOUSHOUIA) IAt~l IIIISl',\Ptl{ [IIYOURIAWYI:I,[A] ONCE [FYOU DO NOI HAVE A 1AWY[ R OR CANNCFI AFI-ORD ()NE GO TO OR IELEPHONE [HEO[IIt'[ SI I F()RiIIBILOW [OFINDOUTWtlEREY()U CAN GET lEGAl I IIll' [E IIAN DEMANDADO A USFED EN LA CORTE SI US'FED QUIERE DEFENDERSE DE ESFAS DEMANDAS EXPUESTAS EN [AS PAGINAS S[GUIEN [ ES, USTED TIENE (20) DIAS DF PI AZO A PAR I'IR DE LA I:ECHA DELADEMANDAYLANO'IIFICACION USTED DEBE PRESEN~ AR UNA APARIENCIA ESCRITA O EN PERSONA G POR ABOGADO Y ARCHIVAR EN LA CORTE SUS DEI'ENSAS O SUN OBJECIONES A I,AS DEMAXlDAS ENCONIRA DE SU PERSONA SEA AVISADO QUE SI USIED NO SE DEFIENDE. LA CORIE IOMARA MEDIDAS Y PUEDE EN'IRAR IJNA ORDEN CON ERA lISTED SEN PREV[O AVIS() () NO'III:ICA(ION (I POR CUALQIER QUEJA O ALIVIO QUE ESPEDIDO EN LA PEIlCION DEMANDA. USTED PDEDE PERDER [)[NERO. SUS PROP[EDADES () OTROS DERECI[OS IMPOR[ANIES PARA US [ED LLEVEESTA DEMANDA A UN ABOGADO INMEDIATAMENTE SI NO T[ENE ABOGADG O SI NO T[ENE EL DINER() SUFICIENTE PARA PAGAR IA( SERVICIO VAYA EN PERSONA O LIAME POR 11 LEIDNO A I~ OIICINA C1JYA DIRECCION SE ENCUENIRA ESCRI'IA ABAJO AVERIGUARDDNDEUSIEDPU[DI CONSIGI;IR ASISIINCIALEGAL (717) 240-6201) (717) 240 6200 NOTICE REQUIRED UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1601 (AS AMENDED) AND THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA. CON. STAT. ANN. § 201, ETSEQ. ("THE ACTS") To the extent the Acts may apply, please be advised of the fbllowing: 1. 'File amoant ol'the original debt is stated in tile Complaint attached hereto. he Pla ltltl- x,d~o is na ned n t lc attached Comp amt and/or 1ts loan servicing agents are Creditors to the dcbt is owed. The debt described in the Complaint attached hereto and evidenced by the copies of the mortgage and note will be assumed to be valid by the Creditor's law firm, unless the Debtors/Mortgagors, within thirty days afteR' receipt of this notice, dispute, in writing, the validity of tile debt or some portion thereof~ If tile Debtors/Mortgagors notify the Creditor's law firm in writing within thirty days of the receipt of this notice that the debt or any portion thereof is disputed, the Creditor's law firm will obtain verification of the debt and a copy' of the verification will be mailed to the Debtor by the Creditor's laxv firm. If tile Creditor who is named as Plaintiff in the attached Complaint is not the original CreditoR', and 51f the Debtor/Mortgagor makes written request to the Creditor's law' firm within thirty days f¥om the receipt ot'this notice, the name and address of the original Creditor will be mailed to the Debtor by the Creditor's law th'in. 6. Writtcn request should be addressed to: TI IE LAW OFFICES OF BARBARA A. FEIN, P.C. Attention: Kristen DiPaolo, Esquire 425 Commerce Drive. Suite 100 Fnrt Washington, PA 19034 THIS LETTER MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CIVIl, ACTION -- COMPI,A1NT IN MORTGAGE FORECLOSURE l. (a) The Plaintiff, Bank One, N.A. 17k/a The First National Bank of Chicago, As Trustee Under The Pooling And Servicing Agreement Dated As Of June 1, 1998, Series 1998-A, Without Recourse, By And Through Its Loan Servicing Agent, Fairbanks Capital Corp., is the holder of a ~nortgage as below described. (b) Fairbanks Capital Corp., is a Corporation having been organized under the laws of the State of Utah and having its principal place of business at 338 South Warlninster Road, P.O. Box 1900. Hatboro. PA 19040. (c) Fairbanks Capital Corp. is the loan servicing agent fbr Plaintiff, maintaining the basiness records for the Plaintiff7 Mortgagee in the ordinary course and scope of business. 2. (a) Defendant David G. Butz is an individual whose last known address is 703 Alberta Avenue, Mechanicsburg. PA 17055. (b) Defendant Sandra C. Ritter-Butz is an individual whose last known address is 703 Alberta Avenue, Mechanicsburg, PA 17055. (c) Defe~rdant David G. Butz holds an interest in the subject property as both a Real Owner and Mortgagor. (d) Defendant Sandra C. Ritter-Butz holds an interest in the subject property as both a Real Oxvner and Mortgagor. (e) If either of the above named De/r~ndants is deceased, this action shall proceed against the deceased Defendant's heirs, assigns, successors, administrators, personal representatives and/or executors through their estate whether the estate is probated. 3. (a) The residential mortgage being fbreclosed upon is secured by property located at 703 Alberta Avenue, Mechanicsburg, xvithin East Pennsboro Township, Cumberland County, Pennsylvania. (b) All documents evidencing the residential mortgage have been recorded in the Recorder of Deeds' Office in Cumberland County, Pennsylvania. (c) The Mortgage was executed on May 27, 1998 and was recorded on May 29, 1998 in Mortgage Book 1456. at Page 964. (d) The legal description lbr this parcel is attached and incorporated as Exhibit "A" (Mortgaged Premises). (e) Thc herein named Plaintiff has standing to bring the instant action by virtue of Assignments of Mortgage, duly and publicly recorded as beloxv: Assignor: WMC Mortgage Corporation Assigncc: First National Bank of Chicago, As Trustee Under the Pooling and Servicing Agreement dated 6/1/98 Series 1998-A, Without Recourse Recording Date: September 22, 2000 (Assigmnent) Book: 655 At Page: 541 By virtue of Pennsylvania Rules of Civil Procedure Rule 1147 (1) and 1019(g), and on the basis of environmental responsibility, Plaintiff is not obliged to append copies of the above mentioned publicly recorded documents to tlnis mortgage tbreclosure action. These documents are, however, appended hereto and incorporated herein by reference as Exhibit "B". 4. The mortgage is in default because the Defendants above named failed to timely tender the monthly payment of $845.01 on August 1~ 2002, and thereafter failed to make the monthly payments. 5. As authorized under the mortgage instrument, the loan obligation has been accelerated. 6. Plaintiff' seeks entry of judgment in rem on the following sums: (a) Principal balance of mortgage due and owing (b) Interest due and owing at the rate of 9.750% calculated from the default date above stated through November 30, 2002 Interest due and owing at the rate of 9.250% calculated Ii'om December 1, 2002 through December 3 I, 2002 Interest will continue to accrue at the per diem rate of $24.19 through the date on xvhich judg~nent i, rem is entered in Plaintiff's favor. $95,456.77 3,841.85 725.70 (c) Late Charges due and owing under the Note 84.50 in accordance with the Mortgage Instrument (d) Other fees as a recoverable expense 17.56 under the terms of the Mortgage Instrument (e) Suspense Balance (Credit) Courl Costs and fees as recoverable under the mortgage terms, estimated 1,303.68 300.00 (g) Attorncys' lbes 4,772.84 Calculated as 5% of the principal balance due, in accordance with the mortgage terms TOTAL IN REM JUDGMENT SOUGHT BY PLAINTIFF $106,51)2.90 7. (a) The attnrneys' fees set tbrth as recoverable at Paragraph 6(g) are in conlbrmity with Pennsylvania law and the terms of the mortgage, and will be collected in the event of a third-party purchascr at al Sheriff's Sale only. (b) If the mortgage arrears arc to be reinstated or paid-off prior to the Sheriff's Salc, Plainti~t's actual attorneys' fees Icalculated at counsel's hourly rate) will be charged based upon xvork actnally perlbnned. Dollars. (a) The original principal balance of the Mortgage is more than Fifty Thousand ($50.000.00) (b) Uirder ACT 6, 41 P.S. §101 etseq., PlaintiffMortgagee is not obliged to serve Notice of its Intention to Accelerate the Mortgage by certified mailing prior to its instituting foreclosure proceedings. 9. (a) The subject mortgage is governed by ACT 91 of 1983 35 P.S. § 1840.401 C, el seq.. (b) Under Pennsylvania's ACT 91, Plaintiff Mortgagee is obligated to serve the Defendants ~xith notice of their rights under the "Homeowners Emergency Mortgage Assistance Program", by regular mailing, prior to initiating foreclosure proceedings. The Plaintiff hereunder served said Notice upon the defaulting borrower(s) on October 1,2002. (c) Pennsylvania Housing Finance Agency. The Defendant has failed to make a timely application lbr financial assistance with thc WHEREFORE, the Plaimiff. Bank One, N.A. ffk/a The First National Bank of Chicago, As Trustee Under The Pooling And Servicing Agreement Dated As Of June 1, 1998, Series 1998-A, Without Recourse, By And Through Its Loan Servicing Agent, Fairbanks Capital Corp., respectfully requests: -- Entry of judgment in rem against the Defendants above named in the total mnount of $106,502.90 as stated at Paragraph 6, plus all additional interest and late charges accruing through date of judgment entry; and -- Foreclosure and Sheriff's Sale of the subject mortgaged property. Respectfully Submitted, THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: Barbara A. Fein, Esquire Attorney for Plaintiff Attorney I.D. No. 53002 DESCRIPTION ALL THAT CERTAIN lot or piece of ground with the improvements thereon erected situate in East Pennsboro Township, County of Cumberland and Commonwealth of Pennsylvania, bounded and described in accordance with a subdivision plan of Laurel Hills, Section 12, made by Buchart-Horn, Consulting Engineers and Planners, Job No. 203020, and recorded in the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 31, Page 27, as follows to wit: BEGINNING at a stake on the southerly line of Alberta Avenue at the northeastern corner of Lot No. 50 on the above referred to Plan; thence along the southerly line of Alberta Avenue, South 45 degrees 42 minutes 35 seconds East, 100.00 feet to a stake at the northwestern comer of Lot No. 218 on the above referred to Plan: thence along the westerly line of said Lot No. 218, South 44 degrees 17 minutes 25 seconds West, 175.74 feet to a stake at other lands now or formerly of Donald E. Meske and Hazel G. Meske, and Deluxe Development Corporation, designated Recreation Area on said Plan; thence along line of said lands, North 53 degrees 41 minutes 44 seconds West, 100.98 feet to a stake at line of Lot No. 50 on the above referred to Plan; thence along the easterly line of said Lot No. 50, North 44 degrees 17 minutes 25 seconds East, 189.77 feet to a stake, the piace of beginning. BEING Lot No. 5I, House Number 703 Alberta Avenue. Tax Parcel #09-18-1310-I74 WHC HORTGAGE 6320 CANOGA AVE,7TH FL, TR~790 %710 WOODLAND aILLS, CA 91367 Parcel Numbs: T~ MORTGAGE ('$~cufl~y In~t') is giv~o~ MAy 27, 1999 DAVID G. BUTZ ~ND SANDRA C. RZTT~R-~UTI · Thc mo~a~or Is Tiffs S~-u~ ~t is ~'~cn ~4C MORTGAGE CO~tg. ~ P.o. POX 540a9 ,~ LOS ~ELES, CA 90054 (*~=.).~o~~of NIfTy $E~N THOU~ NI~ H~ THIRTy ~ NO/100 s , l, o.oo ). ~is d~bt ~ ~ by ~'~ ~ d~ ~ ~= ~ = ~ ~ ~ ( Not~ ), w~ ~vi~s for d~ ~ lo~ b C~ · C~, LEG~ DESCRIPTION ATTACHED H~TO ~ ~E A P~T H~OF ~ ~O~ AS E~IBIT "A". P~lv~a PENNS~VANIA.SinRle F~mJly.~Ma~MC ~ C~e] ("~ 964 fs~t, TOGETHER WITH nil ~e i,.i,,~ven~n~ now or he.~.~ter ~ on ~, ~ ~ e~, ~, ~d ~ now or ~er a p~ oi ~c p~. ~I ~1~ ~d ~ ~ ~SO ~ cov~ by ~is S~ufl~ BO~O~ CO~N~S ~ Bo~w~ is la~ly s~s~ of ~ e~ h~ ~ ~ ~ ~ ~t ~ ~, ~t ~ ~nvq ~ ~op~ ~ ~g ~e ~ h ~ ~ for ~b~ of r~, ~ w~ ~Is SECU~ INS~E~ mm~ ~ ~v~ for ~fio~ ~ ~d non-~ ~O~ CO~N~. B~g ~ ~t ~d ~ ~ follows: 1. ~em of ~dp~ ~d h~; ~mt ~d ~e C~m. Bo~ ~ p~fl~ ~y 2, ~ for T~ ~d ~, Su~ to ~li~le law ~ to n ~ w~r by ~d~, L~ on ~e d~ m~y p~ ~ ~e ~ ~e Nom. ~fl ~e N~ is ~d ~ ~1, a s~ ("~ ") ~n~ w~ch ~y ~ ~ofl~ ovg ~ S~ ~t ~ a ~n on ~ ~; ~) y~ly l~o]d pay~n~ or ~d r~ on ~e ~, if ~y; (c) ye~y ~ ~ p~ ~ce pm~; (d) ye~ fl~ ~ p~, ~ pwvlsi~ of ~h 8, ~ li~ of ~e pay~ of ~g~e ~ p~. ~e ~ ~ ~ '~w I~.- ~g may, ~ ~y ~e, ~11~ ~ hold ~ ~ ~ ~t not to ex~ ~ ~ ~t a l~ ~r a f~y ~i~ ~g~c 1o~ ~y ~ for ~w~'s ~c~w ~o~t u~g ~e ~ R~ ~ ~e~t ~ A~ of 1~ ~ ~d~ ~m ~ to ~e. 12 U.S.C. ~on 2~1 et seq. ('~A'), ~s ~ I~ ~ ~es m ~e F~ ~m ~ l~r ~. U so, ~ m~, at ~y ~, ~t ~d hold ~ h ~ ~t not to ~ may ~te ~e ~ of F~ d~ ~ ~e b~ of ~t ~a ~ m~ble ~m of ~ of ~e ~ P~ds sh~ be held ~ m ~m~ who~ ~s~ ~ ~ ~ ~ ~ ~, (~lu~g ~nder, ~ ~er h mc~ ~ ~fim~ion) or ~ ~y P~ Ho~ ~m B~, ~ ~h~ ~ Ite~. ~der ~y not ~e ~ ~r hol~ ~d ~ly~ ~e ~md~, ~y ~ t~ ~w a~t, or ~ ~ ~ Item, ~ ~ p~s ~ ~t on ~ ~ ~ ~pHc~le 1~ ~ ~ m.~k~ mc~ ~ ~ ~ ~ ~ion ~ ~ Io~ ~ ~lk~le law pwvi~= ~he. U~ m ~t ~ ~ or ~ble law ~ ht~t to ~ r~, ~o~t ~ not ~ ~ to p~ ~i,o~ ~y ~t or ~ ~ ~e P~ds. ~w~ ~d ~r ~ ~ ~ ~. ~ow~g, ~t ~t ~I ~ ~d ~ ~e F~, ~ ~ ~ve ~ ~g, ~out ~g~, ~ ~ ~ni of ~e ~,~, ~o~ ~ ~ d~im to ~e F~ md ~ ~se ~ w~ each debit ro ~e ~un~ w~ ~. ~e F~ ~ pl~ ~ ~tio~ ~ for ~ su~ ~ ~ ~s If ~e ~ ~d by ~ ~ ~e ~o~ ~n~ m ~ ~d ~ ~U~I~ law, ~g ~ ~ to ~o~ for ~ ex~ Fun~ m a~ ~ ~e ~ of ~1t~1~ l~w. If ~e ~ of ~e P~ ~eld by ~ ~ ~y ~c is not su~c~t to ~ ~e ~w It~ w~ ~, ~ ~y so ~fl~ ~g h ~, ~d, ~ s~h ~e B0~o~ ~lvP~ to ~d~ ~ ~o~t ~ to.~ ~p ~ d~d~. ~wer s~l ~ ~ ~ ~ P~ ~dd ~ ~d~. U, ~der p~ 21, ~der ~ ~e or ~ ~e ~, ~d~. p~or to of ~ ~, ~ · is S~ ~m~ply ~ P~ held ~ ~ at ~ ~ of i~on or s~e ~ a ~t ~t ~ s~ ~ by I ~ 2 ~ ~ ~li~: ~t, to ~y P~nt ~8~ due una~ ~e No~; ~, to ~m p~le ~r p~h 1~, to E~t due; fo~, to p~cip~ due; ~ l~t. m my l~e ~ ~ md~ ~e Note, 4, ~; Lle~, Bo~ower ~ pay ~ ~, ~s~, chugs, ~ ~d ~mifi~ ~bumble to w~ my an~ p~ ov~ ~s ~ ~ent, ~ l~ld pa~n~ or ~d ~m, if ~y. ~ ~ pay ~h~ oblig~ m ~e m~ pro~d~ ~ ~ 2, ot if not ~d ~ ~ ~g, ~w~ ~ p~ to E~ per~n ow~ paymmt. ~wer ~ pm~fly ~ to ~ fll ~ of ~s m ~ p~d ~r ~s p~. If ~w~r ~ ~e payme~ d~Oy, Bo~er ~ pm~y ~ to ~dg r~pm ~idm~ ~e p~. 8o~w~ s~l p~ptly ~ge ~y lien w~ h~ pfio~ o~r ~s ~ h~nt ~ ~w~: ~g to ~ pay~ off ~e obllg~ s~ by ~e lira ~ a ~ ~le to t~er; ~) ~es~ ~ ~d f~ t~e li~ ~s S~ ~nt. If ~nig deletes ~ ~y p~ of ~e ~iop~ is subJ~ to a ~ whi~ ~y mom of ~, ~ s~t fo~ ~ov~ ~ 10.days of ~e ~v~ of $. Hazm, d or ProperO, /naur~nee. Borrov,,~: .slnll k~ ~e ~v~a~s now e~ ox he~er ~ ~P~ ~ ag~t loss by ~, ~s ~1~ ~ ~e te~ '~d ~ve~' ~ ~y o~ ~s, ~lu~g fl~ or fl~. f~ w~ch ~ ~ ~. ~s ~ ~1 be ~ ~ ~e ~o~ md for ~ · s~ ~er ~. ~ ~ ~ ~vi~ th~ ~c~ s~ ~ ~o~ ~ ~ ~bJ~ to ~'s ~o~ wE~ ~ uot ~ ~bly ~mld. If ~w~ ~ W msi~ ~ d.~ ~, ~d. ~y, = a~l ~v~ ~ ~t to hold ~ ~l~i~ ~d ~s. H ~ ~, ~w~ ~ffi ~ ~ve ~o ~ al ~pu of p~ - . ~ ~ ~ ~oo~ o~ loss ~ not ~& pm~y ~ ~. ~ is not ~no~ ~le or ~'s ~ wo~d ~ I~, ~e ~ pm~s s~ ~ ~ m ~ ~ ~ ~ Sm~ ~t, ~h~ or not ~ d~, ~ ~y ~s ~d to ~ow~. ~ ~w~ ~ ~r ~y ~ ~e ~ce pmk. ~d~ ~y ~ ~ p~ to ~ ~ ~om ~e ~ or m pay ~ ~ ~ ~ ~t, wh~ or ~ ~ d~. ~c 3~ ~ ~ ~ w~ ~c n~ b ~iv~. U~ ~der ~ ~wer o~e~im ~ ~ ~, ~y ~on of ~ to p~pg ~ not ~ or po~ne ~e d~ ~e of ~ m~y p~ ~f~ ~ ~ ~hs I ~ 2 or ch~ ~e ~ of ~e p~. if ~d~ p~ 21 ae ~ ~ ~q~ W ~d~r, ~w~'s ~t to my ~ ~H~ ~d ~ multi ~m im~aely prior to ~e ac~on. · e date of ~pm~. ~s ~d~ o~ ~ m ~, ~ ~ ~ ~t ~ ~b~ ~d, ~ ~ ~ a d~affit ~ ~, ~ pm~ ~ P~h 18, ~ ~ ~ ~on ~ ~ m ~ ~ ~ a ~ provide ~ ~ ~y ~ ~o~n) ~ ~ ~ ~e Iota ~d~ by ~= Note, ~clu~, ~t nor 1~ l~Id ~ ~c f~ d~c s~ not ~ge ~ ~det ~ m ~c ~ ~ ~ ~ b~p~, p~b~e, ~r ~mn~Oa of f~i?~i~ or ~ ~0~ ~ ~ ~i~), ~ ~d~ ~ do 7, ~der d~s no~ ~ave lo do ~W ~s~m. U~s B~r ~d ~er a~ ~ o~ l~ of p~t, ~e ~n~ ~ ~ ~t~ ~m 8, ~o~age ~, ~ ~ ~ mo~ ~ ~ a ~on of ~ ~e 1o~ ~ ~ ~s S~ ~e ~ ~v~e ~ ~ ~ ~ o~ ~ to ~ m ~, ~w~ ~ p~ ~ ~ ~ to ~bs~y eq~vd~t mosg~e ~ cov~e is not av~le, ~x~u~ ~ p~ W ~ ~ m~ a ~m e~ to be in e~. ~nd~ will gc~t, ~e ~d ~ ~e pa~u ~ a loss r~= ~ E~ of mong~e ~, ~ss ~PA) ,~o~.o, ~ 303S S/SO payments may no longer be mquL. ed, at the option of L~ider, if mortgage insurance c. overage (in ~he ~moum and for the period tha~ L~ndt-r reqUitm) provided by an insm'~ ~FProved by Lender agal~ be.c~m~s ~vailable ~ad is obmilled, l~orrower shall pay the prcmiums re~lred to meimain m~ngage in.~uranco in effect, or ~o provide · lo~s reserve, uutii the requizeme~ for mo~ga~c insurance endi in ~,rdance wi~ any wri!zan agreemem betw~n Borrower and Lander or applic~.ble law. ~. Inspection. Lender or its agcm may n~ce reasonable ~nuies upon and inspections of the Property. l.cnder shall give Bon'cwer notice a~ thc time of et prior to an i~spccdon spect~il~ muonable cause for die tmpe~on. 10. Condemr,~ion. The proceeds of ~ award or Claim for d~,,,,,~, direct or c~usequ~tial, in col~eedOa with any con~em,~,t~on or other taki~ of any pan of the P'~pe'ay, or for conveyance in lic~ of condemnation, arc hereby assigned and ~h~ll bc paid to l~lder. M ~e ~v~ of a total ~,,~.t,~$ of thc Property, the p~ sbxtl be ~q~plied to the anms secumi by mis ,~curity Inv:mm~t, Whether or nm the~ due, with any excess paid to Borrower. In the eve~ o! a partial taking of ~he P~perty i~ which the fair market v~l~ of th~ Property im,e.,,Zian-ly before dle ~ is equal to or ~-ater th~,~ the amoum of the sum~ secured by this gec'urlly ln~'umem ir~,~,~.iazely before zhe takln~, units Borrower and Lender othet~se sg~so in .,,,~tlng, the sums secured by thi~ $ccuri'l~ Insu~L,~t shall he reduced by the amou~ of the pro'_-e~_~ multiplied by the following fra~ion: Ia) the total am, om:~t of zhe sums secured i,,,m,'dlamly before the !~k.-i~g, divided by (b) the fair m.erket vahie of thc Pmpex~ ~mm,~liately before the Ixkin$. Any balance shall be paid ~o Borrower. In the event of a partial ~sking of the !~,peny in ~hich ~he fair market vahle of thc P~pexty [mmediafely h~.f,..,~, the taking ~ less than the allloRat of the slims ~'uted illllnediaIely beft~rc takitlg, Rnleas Bori~w~r and Le~a ....... '?: ~gree M wrir. ing or ~:llc~ applicable lsw Otherwi.~C tm~'iges, the proceeds shall be ~l~plied to the sums seaued by ~ gm'urity Imtm,,,,-at whefl~er or not the sams am then If the Ih-opera. is ~bandoned by Borrower, or if, ~ notice by Lender lo Borrower th~ Ihs condemner ol~w to make an award or settle s claim for a.,~,,~.s, norrow~r fsiis to n:spond to I....-nder withiu 30 ~ys mr ~e da~ thc notice t~ give~, Leader/s ~a~thoriz~ to collecI ~ apply the proe~ds, at ite option, ~ither to re~toratin~l or vrpair of tho 'Properly or to the sums ~mre~ by ~is $~:mity Insmun~t, why. her or no~ th~n due. ' Unless Lender md Borrower otherv4se ague in writing, my application of proceeds to prindpal shsll not extend or posqx~ne the due dace of th~ Ipcm~hIy paymen~ refen~d to ill para~rllph~ 1 and 2 or ~ange the anlou~ of such paymems. I1. Borrower Not Released; Forb~lrance By Lendm' No~ s Waiver. ~ensin~ of the dine f~r payment or mediflcaIion of anu~i,-~,~,~,, of ~e sum~ sccu~i by lt~ Security Insmm~ent grant*d by Le~der to any s,,,'_~e.._~o~ in interest of Borrower shall no~ operate to release the liabllRy of the ori~-~ Borrower or Bonanza's successors in Inzerest. Lender sh~ll not be r~.quired to com,,~m_~ p~:oedi.Ug~ ,~,~,~ au}, ~.ce~so~ i~ intcre~t or refuse to ex,:nd time for paym~ or 6thc~vise ~nedi~ amoniz~lon of ~he sums secured by this Security I,~l~am~R by r~lOll of ~ cle~,'l m~e by ~ orlgtllal Bon'ower or Borrowrr's ~;__,x'e__,sor~ ih tmeres~. Any forbe~-ance by Lender i~ cxcrclsini any right or remedy ~ no! be ~ waiver oi or pn~ude e. xerci~ otany rish~ or remedy. 12. Successors and A~sig~ Bound; .loi~t a~l Several LiabifityI Co-~gllet'~. The cov,.~:~t$ ~ agl~mants of this · ~'urtty hlsll'umen! ~ bind ang benefit the s~cce!lsors and assig~ of Le~er md Borrower. subjcc~ to the provi.siom of para~-~ph 17. Borrower's covananr~ ami i,g~eew~n~ ch~l be join! and sevend. Any Borrower who co-signs this Security Lustr~nenl but doe~ not execute the Note: Ia) i.s co~ignu~ this .~curRy Im~"umc~t only to mortgage, t,'~.t sad convey Borrower's interest i_u the Prope~'y trader the te~ms of this .~"urlry Irish; (b) i,s not per'sonal/y obliga~d to pay the sum~ secur~ by this ~.trity hsw~at; ~ (c) agree~ th~ Lender and my other Bc,,,o.,er may alr~e to ex.d, modif3,, forbear or maim tut/aceammodalions with regard ~o the zerm~ of this .~-ariry Irish'umbra or ~hc Note without thax Borrower's cousent. 13. Loan Charges. If the loan socared by th/s gecnstry In,stratum! ie nthjecl to a law which s~ts maximum loan charges, and that law is finally inte~re~ so that tho intere, lt or other loan charges coli~ca~l or to bo ~ollec~ed in connexion with the loan exceed the pertained limits, ~::_. ~_. ~., ~.,,c.h loan ehar~ shall be reduced by th~ .,~,-.mt oeceasary to r~urx thc cimrge Io the pamitled limit: and (b) any sums alreedy collated from ]k~"rewer which exceeded penantled llmllt will b~ refunded to Borrower. Lender ma}, Choo~ to make ~ rm%xd by reducu~ thc principal owed u~der the Note or by mald~ a direct pa)meat to Ik, rrower, If a refund zeduces prinripal, thc r~uction will be ~ed as a partial prepr/umm without any pr~aym~'~? charge ullder the 14. Not/c~. Ally notice to Borrower pl'ovided for in this gecm'ity Insw~t~ shall be given by dellverin8 it or by ~ it by fi~t cla~..s mall ttnle, ss applicable law requir~ use of ~othel- method, Tho notice shall bc dlrecaed to the Property Addr~$ or any other address Bor'wwer designates by notice to I.~der. Any notice to I.onder shall be given by flrsi dsxs mall to Lender's address soned herein or any othe~ add~s Lender desi/nat~s by noltce to Borrower, Any notice provided for in ~his Seau'iry In.sm:meat shall be deemed to have beea ~iven to Borrower or Lender when given as provided in ~ paragrapl. l$.Coverld~g La,v/ Sev~rsbffity. Thh ~-nirity I~smunsnt shall be govr. ll~i by federal law and the lsw ofthe Jurisdiction In which the lh'oper~ is lacaied, In the event that any provision or cla~¢ of this ,~.c'urtty Inan-um~l or the Note conflicls with appllcabl~ Is, w. such e. arfflict ~.hall net affect other provisions of this Se~uriB, lasu'o.mant or the Note wlti~ can be given effect without the ~nflicllng provision. To this ead lhe provisions of this '~ecurt~y ,ln,~'xm2m~t and the Note are d~cl,~ed to be gev~tble. 1(~, BOITOWer'$ Copy. Bon'ower zl~ be given one conformed copy of thc Nora and of ~ Security ~ ~035 9/9O 867 · .an.~tc~r~a ~or u a oenenczai mr. er~ u~ ~w~ ~ sold or ~ ~ ~wer is · ~.ov ~ys ~ ac ~te ~ nou~ is ~lV~ or ~ wl~ w~ ~w~ ~ ~ ~ ~ ~ ~ ~ ~mt ~ m Note mciu~, but ~l li~ ~, ~o~ble ~s ~; ~ (d) ~ $u~ ~on ~ ~ ~t ~ly ~ ~e ~e of ~ ~r p~ 17. 20. ~ ~ub~, ~,,~,~ ~1 uo~ ~ or ~l ~e p~, ~, ~sal, Y ~ Law. ~ ~ ~o ~ ~, n~ ~ly to ~ p~. u~, or ~ ~ p~y ~ve ~ ~ n~ of ~ ~figa6~, el& ~, law~t or o~ ~ by ~y, ~..~o ~. ~u,~t voia~e solv~, ~ ~nm~ mb~ or foX.yale, ~c to h~, ~ ~-- ' -. · ~ ~ ~ I~s of ~ j~ wh~ NO~, .~ ~Y ~ ~t~o~. 11 ~c~on, R~I~. ~ ~ ~e ~lce ~ ~w~ ~or m a~g~ f~o~ ~w~s b~ of . appfl~b~ law pr~d~ o~, . h r~t ~ ~d~a~ ~ *~ ...... ~ ..... ~ ~e ~; ~d (~ ~ f~l~e to ~ ~ d~ault ~ s ~ may ~P~, ~d~ shah ~,~ I.r.~ u ..... ~ ,.. _ , ~ ¥ J~ ~g and me of ~e ~nvey~ sh~ t~e~LY'--~'' '"~ ~ oy ~s ~W ~, ~i ~ ~ ~ ~e es~e ~z of bidd~o., - .~.-~ ....... ~taze p~vld~ ~ p~h 18 ~. ~oneyMo~ c, If of~e ~ ' "~ -~'" .~ ... ~ .......... ~ ~ debt s~ ~ ~ 5~ ~t ~ l~r to ~-~ ............. ot in m ~i~ ~ ~e ~ ~u~mt. Bo~w~ ~ ~ ~o ~ ~e payable ~ a jud~t 968 Ce4~tl~cste of Rcsld~m~c~- , (Sea J) , do h~by c~nil~ ~st ~e com:~ ~ddrc~ of Co~ ~o~ to me ex~t~ ~ ~e for zhe p~ ~ ~T~ ~E~OF, I h~to ~ ~ h~d ~ o~6~ s~. . . ..:~,. / Lancaster, Lan~ster ~. I My Commission Expi~ Ma~27, e~K1456 PAG~ .969 ALL THAT CERTAIN lot or piece of ground with tho improvements thereon erected situate in East Pennsbnro Township, County of Cumberland and Commonwealth of Pennsylvania, bounded and described in accordance with a subdivision plan of Laurel Hills, Section 12, made by Buchart-H~rn, Consultin9 Engineers and Planners, Job No. 203020, and recorded in the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plao Book 31, Page 27, as follows, to wit: BEGiNNiNG at a stake on the southerly line of Alberta Avenue at the northeastern corner of Lot No. 50 on the above referred to Plan; thence along the southerly line of Alberta Avenue, South 45 degrees 42 minutes 35 seco~ds East, 10000 feet to a stake at tho northwestern corner of Lot No. 218 on the above referred to Plan; thence atong the westerly line of said Lot No. 218, South 44 degrees 17 minutes 25 seconds West, 175.74 feet to a stake at giber lands now or formerly of Oon~ld E. Meske and Hazel G. Meske, and Deluxe Development Corporation, designated Recreation Area eD said Plan; thence alon9 line of said lands, Nortl~ 53 degrees 41 minutes 44 seconds West, 100.98 feet to a stake at line of Lot No. 50 on the above referred to Plan; thence along the easterly line of said Lot No. 50, North 44 degrees 17 minutes 25 seconds East, 189.77 feet to a stalin, the ph]ce of GEGINNING BEING Lot No. 51, house number 703 Alberta Avenue. SUBJECT to a drainage easement along the westerly line of said lot as shown on the above referred to Plan. t456,, 970 ADJUSTABLE RATE RIDER (LIBOR Index. Rate Caps) TH~$ ADJUSTABLE RATE RIDER is made this 2v?a day of to ~e~ ~ ~ppl~t ~e Mo~gage, D~ of T~t or ~ ~ (~ "~ ~ent") of ~e s~e ~te given by ~e ~d~si~ (~e "B~w~") to s~ Bo~ow~'s Adj~bl~ ~ N~ (~e 'No~') to ~C MORTGAGB CO~ . · (the "Lender") of the same date and covering th~ Property described in the Security Instrument and located at: 703 ALBERTA AV~JE MEC}~2~ICSBURG, PA 17055 THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT.' THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY, ADDITIONAL COVENANTS. In ;gkltlton to the covenants and agreements m~de in the $eCu~U ItlSt~m~llt. B0rrnwer and Lender further cove..~ and agree as follows: A. l~q'i'l~:R~e ~T~ AAN/'D MONTI/LY PAYMENT CHANGES The Note provide~ for an/nitial/nm'est rate of ~ .a~o0 %. The Note provides for ci~nges in the interest rate and the monthly payme~, as follows: ~. I?fl~REST RATE AND MONTHLY PAYMENT CHANGES (A) Change Oate~ The interest rate I will pay ~ay change o~ thc fu'st day of ~,-¢zl~t , l~ , and on that day every sixth moilth theri~fter. )Sach dal~ on which i~terest r~c could chan~o~ is c~lcd a "~II~e Date.' (B) The Index l~ginnin~ with the firs~ Change Date, my interest rate will be bared on an Index. The ~lndex" is the average of InterhaJak offered rates for six-month U.S. dolJar-denom~ted deposi~ in the Lon2:: __i... ~'I.~OR"), az published in The Wall Slreet Journal. The mo~ r~,:cnt [lld~X figul'e ayailzhle a~ of gae fll'~l bl~ill~,s day of ~1~ month precedi~ the month m' which the Change Date occur~ is called~ '~tcx.. If lhe Index is no longer available, the Note Holder will choose a new Index lha~ based upon comparable information, The Note H01dcr will give me notice of ~ choice. (C) Calculation of Changes , · Before each Change Date, fl~e Nou: Holder will calculate my new interes~ rate by ~a~aS szx .... perc~tege poim(s) ~ 6.0~00 %) to ~e Ctu'ren~ Index, The Note Holder will ~ round the ~{.~ o.f ~is addi~io~n to ~e n~r~.~ one-~ighlh of one p~r~age poi~ (0.1~;). ~bject ,.m.?_ s~d_.. _in ~ec_fi.on 4(D) below, ~his rounded amou~ will be my new i~ter~t ra~e Thc Note Holder will th_~_ deteTminc the ~m0unt of th* monChly payment that would suffici~t co re~ay The unpaid prlne~al that I am expected to owo at the ~ha~g¢ Date ill ftZlJ on the Maturity Date at my new iutc~st rate in submantially ~qual payments. Thc result of this calculation will be ~he new amount of my m0nrhly payment, (D) Limiis on Interest Rate Changes The interest rate I am rr, xluired to pay at the fixit Change Date will not be greater 10.2500 % Ol'lr.~$thnin 9.2500 %. Thereafmr, my interest rate will neve~ be increased or dc~sed on any single CI~lge Date by mor~ chart o~ pz~c,,~? ~'om the rate of interest I have been paying for the prec~blg sixmonths. My interest ram will never b~ greater than ~s.Ts00 %or less than 9.25o0 %. i~':~1456 PAG[,. 97'2 (E) Effective D~e of Changes My new interest rate will become effective on each C'hatlge Date. I will pay the amount of my new mollthly paym~ b~iinnln~ on the ~ monthly payl~ac~t date after the ChaliCe Date until the anlount of my monthly payment ~es again. ('F) Notice of Changez The Note Halder All d~liver or marl to me a notice of any chnfl~ in my interest rate wa~fll t~e ,an~.eugt~of my. monthl .y payment befor~ the effective date of any change. The notice .mcm?e mrormauon ~qu.ired by law to be given me and also thc title and telepho~ aumoer ota person who ~ anzwer any question ! may have r~garding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL 13ITEREST 1~ BORROWER Uniform Covenant 17 of thc Security Imtmm-at is amended to read as follows: Transfer of the P~'~,___ :~- or a Beneficial Interest in llorrow~r. If all or any part of thc Property or any iat~ in it i~ so~ or tramferred (or ff a beneficial interest in Borrower is sold or ~ansferred and Borrower is not a nararal per, on) without Lender's prior written, .co .n.s.e..n~,.Lend. er may, at its _o9tion, requ~ immedia~ pa)mcat in fall of all s~m~ .s.ec~rea .oy Fas ~.ec..u.n. ty lastnm~-m. How,ver. th~ option sh~U not 1~ ~ lay Lendar ~r exercise ~ prohioited by federal law az of the d~r~ of this Security Immmaent. I.cnder also ~ha, not exercise th~ option if: (a) Borrower cauaes to be submiued to Lender information required by Lender to evaluate the itltended I~.mferee as if a new loan were being made to the transfers; and (b) I.~der wasonably determines that Le~der's security will not be impaired by the loan assum, ption and ~hat the risk of a breach of any covenant or a~e~ in tl~ Security Instrument ~s acceptable to Lender. ~ad? the e~tem _~,1~ 'ned by applicable law. Lender may char~ a rea~able fe~ as a ou to .Lca~er s co,n.~.m. ~ to the loan. as~sumption, Lende~ may also require the ~eU~t~ to s~g~. an ~pt~on .agmem.cat mat ~s a¢c--'l~ble to Lender and that obligates u-anstcree to ~ceep an u~ prompts aaa agreements made in the Note an~ ia this Security Instrument. Borrower will continue to be obligated under fl~ Note and this Security Imtrument un~es~ Lender releases Borrower in writing. If Lender exercises th~ option to require immediate payment in full, Lender ~h~lJ give ~rorro?. er notic.e of ac.cel?aU_'_'on. The notice shall i~rovi~ a l~ried of not less than ~0 days om me date me nouce ~s d~livcred or rn~iled Within which BO1TOW~I' lllU~t pay all snm~ 373 MAY.26.19~8 3:22PM WMC E~UiTY MO.~3Y P,~5 secured, by this Security l~tmment. If Borrower fails io pal/ these sums prior to thc expiration of this period, ~ may ~vok~ any remedies pezmitt~ by this Security hasma~ent without further notice or de~nnd on Borrower. BY SIGNING BEJ./)W, Borrower accepts ~ agrees to the term~ and ¢ovenauts contaiI~l ill this Adjustable Rate Rider. DAVID (Seal) s~ c. ~,,,.~.~u~z ~ (Seal) _(Seal) (Seal) (Scab (Seal) (seal) 1~,~ 17~207 ,saoal a15u Pennsylvania ~. of Cumberlandj ~ ' ,,:tied in the office for t', Carii~PAth' / ayof . ~- v ' - ReOrder 1456 .974 'OD$£P22 flfl].052 ?r~pa~ed By: s~l!l~i SS~^IZT ~Nr~r~'r o~ ~abRa~-~'-- VERIFICATION The undersigned, an officer of Fairbanks Capital Corp. the instant Plaintifl; or its servicing: agent, being authorized to make this Verification on behalf of Plaintiff, hereby verifies that the facts. set forth in the fi)regoing Complaint in Mortgage Foreclosure are taken from the records maintained by persons supervised by thc undersigned who maintain the business records of the Mortgage held by Plaintilt' in the ordinary course of business and that those facts are true and correct to the best of thc knox~ ledge, in fimnation and beliei' o f the undersigned. I [iNI)L:I~,STAN D Tt IAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S.'SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AIIT1]ORITII.iS. Dated: Name : Leonard Webb Title : Foreclosure Specialist Company: Fairbanks Capital Corp. CASE NO: 2002-05965 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK ONE N A VS BUTZ DAVID G ETAL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon the BUTZ DAVID G DEFENDANT at 703 ALBERTA AVENUE , at 1430:00 HOURS, on the 19th day of December , 2002 MECHANICSBURG, PA 17055 by handing to SANDRA C. BUTZ, ADULT IN CHARGE OF RESIDENCE a true and attested copy of COMPLAINT - MORT FORE NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.97 Affidavit .00 Surcharge 10.00 .00 36.97 Sworn and Subscribed to before me this 3,~ day of ~ 2~o-3 A.D. ~ ~ Pr06honotary' ~ R. Thomas Kline 12/20/2002 BARBARA FEIN By: Depun~ Sherif p SHERIFF'S RETURN - REGULAR CASE NO: 2002-05965 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK ONE N A VS BUTZ DAVID G ETAL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon the BUTZ SANDRA CRITTER DEFENDANT , at 703 ALBERTA AVENUE at 1430:00 HOURS, on the 19th day of December , 2002 MECHANICSBURG, PA 17055 SANDRA C. BUTZ by handing to a true and attested copy of COMPLAINT - MORT FORE NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 3.~ day of  ~.~ A.D. / ~rothonotary So Answers: R. Thomas Kline 12/20/2002 BARBARA FEIN By: Deputy S he r i-~f THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff BANK ONE, N.A. F/K/A THE FIRST NATIONAL BANK OF CHICAGO, As Trustee Under The Pooling And Servicing Agreement Dated as of June 1, 1998, Series 1998-A, Without Recourse, By And Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff, Vo DAVID G. BUTZ and SANDRA C. RITTER-BUTZ, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-5965 Civil Term TOTAL IN REM JUDGMENT TO BE ENTERED $95,456.77 3,.841.85 1,282.07 84.50 17.56 <1,303.68> 4,772.84 $104,151.91 the Complaint. Principal balance of mortgage Interest due and owing at the rate of 9.750% calculated from the default date above stated through November 30, 2002 Interest due and owing at the rate of 9.250% calculated from December 1, 2002 through January 24, 2003 Late Charges due and owing under the Note in accordance with the Mortgage Instrument Other fees as a recoverable expense under the terms of the Mortgage Instrument Suspense Balance (Credit) Attorneys' fees PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND FOR ASSESSMENT OF DAMAGES Kindly enter judgment for $104,151.91 in favor of the Plaintiff, Bank One, N.A. f/k/a The First National Bank of Chicago, As Trustee Under The Pooling And Servicing Agreement Dated As Of June 1, 1998, Series 1998-A, Without Recourse, By And Through Its Loan Servicing Agent, Fairbanks Capital Corp., and against the Defendants, David G. Butz and Sandra C. Ritter-Butz, for failure to file an Answer to Plaintift's Complaint in Mortgage Foreclosure within twenty (20) days from service thereof and assess PlaintifFs damages as follows and calculated from those set forth in TOTAL IN REM JUDGMENT TO BE ENTERED $104,151.91 THE LAW OFFICES OF BARBARA A. FE1N, P.C. BY: Bargara A. Fein, Esq~re-~J AND NOW, judgment is entered in favor of the Plaintiff, Bank One, N.A. f/k/a The First National Bank of Chicago, As Trustee Under The Pooling And Servicing Agreement Dated As Of June 1, 1998, Series 1998-A, Without Recourse, By And Through Its Loan Servicing Agent, Fairbanks Capital Corp. and against the Defendants, David G. Butz and Sandra C. Ritter-Butz, and damages are assessed as above in the sum of $104,151.91. Pro. Prothonotary ~ t55~ THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Colnmercc Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff BANK ONE. N.A. F/K/A THE FIRST NATIONAlJ BANK OF CHICAGO, As Trustee IJnder The Pooling And Servicing Agreement Dated As Of June 1, 1998, Series 1998-A, Without Recourse, By And Through lts Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff, DAVID G. BUTZ AND SANDRA C. RITTER-BUTZ, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.02-5965 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY S.S.: THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon iuvestigations made and records maintained by us either as Plaintiffor as servicing agent of the Plainti fl' herein named and that the above named Defendants are not in the Military or Naval Service of the United States of America or its Allies as defined under the Soldiers and Sailors Civil Relief Act of 1940, as amended, and that the age and last known residence and employment of each Det:endant are as Follows: Defendanl Age Residcnc¢ Ell~ployn~ent David G. Butz Over 18 703 Alberta Avenue, Mechanicsburg, PA 17055 UllkllOWn Defendant Age Residence Elnployment Sworn to and subscribed beIbre me this da>' of A/dP l'r~-A-// N~tar> Sandra C. Ritter-Butz Over 18 703 Alberta Avenue, Mechanicsburg, PA 17055 Unknown NAME: Leonard Webb TITLE: Foreclosure Specialist COMPANY: Fairbanks Capital Corp. i ' I NOTARI/~. SEAL. IdlCHAEL J. KELLY, JR., Nolmy Pul~ THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff BANK ONE, N.A. F/K/A THE FIRST NATIONAL BANK OF CHICAGO, As Trustee Under The Pooling And Servicing Agreement Dated as of June 1, 1998, Series 1998-A, Without Recourse, By And Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff, V4 DAVID G. BUTZ and SANDRA C. RITTER-BUTZ, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-5965 Civil Term CERTIFICATION OF MAIL1NG OF NOTICE UNDER PA. RCP RULE 237.1 The undersigned hereby certifies that a written Notice of Intention to File a Praecipe for the Entry of Default Judgment was mailed to the Defendant(s) and/or to their legal counsel of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe. Said Notice was sent on the date set forth in the appended copy of the Notice, sent as stated. David G. Butz 703 Alberta Avenue Mechanicsburg, PA 17055 Sandra C. Ritter-Butz 703 Alberta Avenue Mechanicsburg, PA 17055 Dated: January 9, 2003 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquj~ge Attorney for Plaintiff v Attorney I.D. No. 53002 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff BANK ONE, N.A. F/K/A THE FIRST NATIONAL BANK OF CHICAGO, As Trustee Under The Pooling And Servicing Agreement Dated as of June 1, 1998, Series 1998-A, Without Recourse, By And Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff, DAVID G. BUTZ and SANDRA C. RITTER-BUTZ, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-5965 Civil Term NOTICE OF INTENTION TO TAKE DEFAULT UNDER PA. RCP RULE 237.1 IMPORTANT NOTICE You are in default because you have failed to take action required of you in this case. Unless you act within ten (10) days from the date of this notice as set forth below, 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 Court Administrator 4th Floor Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tomado la accion requirida de su parte en este case. A1 no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Court Administrator 4th Floor Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 (717)240-6200 Date of Notice: January 9, 2003 PERSONS SERVED: David G. Butz 703 Alberta Avenue Mechanicsburg, PA 17055 Sandra C. Ritter-Butz 703 Alberta Avenue Mechanicsburg, PA 17055 THE LAW OFFICES OF BARBARA A. FE[N, P.C. BY: v~B'arbara A. Fein, Esquire Attorney for Plaintiff Attomey I.D. No. 53002 THE LAW OFFICES OF BARBARA A. FE1N, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff BANK ONE, N.A. F/K/A THE FIRST NATIONAL BANK OF CHICAGO, As Trustee Under The Pooling And Servicing Agreement Dated as of June 1, 1998, Series 1998-A, Without Recourse, By And Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff, Vo DAVID G. BUTZ and SANDRA C. RITTER-BUTZ, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-5965 Civil Term CERTIFICATION OF ADDRESS I, Barbara A. Fein, Esquire, Attorney for the Plaintiff, Bank One, N.A. f/k/a The First National Bank of Chicago, As Trustee Under The Pooling And Servicing Agreement Dated As Of June 1, 1998, Series 1998-A, Without Recourse, By And Through Its Loan Servicing Agent, Fairbanks Capital Corp., hereby certify that the Plaintiffs correct address is 338 South Warminster Road, P.O. Box 1900, Hatboro, PA 19040, and the last known address of each Defendant is as below. David G. Butz 703 Alberta Avenue Mechanicsburg, PA 17055 Sandra C. Ritter-Butz 703 Alberta Avenue Mechanicsburg, PA 17055 THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: Barbara A. Fein, Esquire // Attorney for Plaintiff THE LAW OFFICES OF BARBARA A. FE1N, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff BANK ONE, N.A. F/K/A THE FIRST NATIONAL BANK OF CHICAGO, As Trustee Under The Pooling And Servicing Agreement Dated as of June 1, 1998, Series 1998-A, Without Recourse, By And Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff, DAVID G. BUTZ and SANDRA C. RITTER-BUTZ, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-5965 Civil Term CERTIFICATE OF SERVICE I, Barbara A. Fein, Esquire, Attorney for the Plaintiff, Bank One, N.A. f/k/a The First National Bank of Chicago, As Trustee Under The Pooling And Servicing Agreement Dated As Of June 1, 1998, Series 1998-A, Without Recourse, By And Through Its Loan Servicing Agent, Fairbanks Capital Corp., hereby certify that I have served a true and correct copy of the appended mortgage foreclosure pleadings/papers upon the following parties at the last known address and/or upon an attorney of record, as noted: David G. Butz 703 Alberta Avenue Mechanicsburg, PA 17055 Sandra C. Ritter-Butz 703 Alberta Avenue Mechanicsburg, PA 17055 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire// Attorney for Plaintiff OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 CURT LONG, PROTHONOTARY TO: David G. Butz 703 Alberta Avenue Mechanicsburg, PA 17055 BANK ONE, N.A. F/K/A THE FIRST NATIONAL BANK OF CHICAGO, As Trustee Under The Pooling And Servicing Agreement Dated as of June 1, 1998, Series 1998-A, Without Recourse, By And Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff, Vo DAVID G. BUTZ and SANDRA C. RITTER-BUTZ, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-5965 Civil Term NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a judgment has been entered against you in the above captioned proceeding as indicated below. CURT LONG, PROTHONOTARY [XX] Judgment by Default entered IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: BARBARA A. FEIN, ESQUIRE AT (215) 653-7450. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 CURT LONG, PROTHONOTARY TO: Sandra C. Ritter-Butz 703 Alberta Avenue Mechanicsburg, PA 17055 BANK ONE, N.A. F/I/UA THE FIRST NATIONAL BANK OF CHICAGO, As Trustee Under The Pooling And Servicing Agreement Dated as of June 1, 1998, Series 1998-A, Without Recourse, By And Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff, DAVID G. BUTZ and SANDRA C. RITTER-BUTZ, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-5965 Civil Term NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a judgment has been entered against you in the above captioned proceeding as indicated below. CURTLONG, PROTHONOTARY [XX] Judgment by Default entered IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: BARBARA A. FEIN, ESQUIRE AT (215) 653-7450. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK ONE, N.A. F/K/A THE FIRST NATIONAL BANK OF CHICAGO, As Trustee Under The Pooling And Servicing Agreement Dated as of June 1, 1998, Series 1998-A, Without Recourse, By And Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff, Vo COURT OF COMMON PLEAS NO. 02-5965 Civil Term -~ DAVID G. BUTZ AND SANDRA C. RITTER-BUTZ, Defendant(s). PRAECIPE TO AMEND WRIT OF EXECUTION (MORTGAGE FORECLOSURE) TO THE PROTHONOTARY: Kindly amend the issued Writ of Execution in the above matter to reflect that interest is to be projected through June 11, 2003 in the amount of $2,345.44. AMOUNT DUE INTEREST FROM January 24, 2003 Through June 11, 2003 TOTAL COSTS TO BE ADDED $104,151.91 2,345.44 $ 106,497.35 THE LAW OFFICES OF BARBARA A. FEIN,/,P.C. BY: Barbara A. Fein, Esquire Attorney I.D. No. 53002 425 Commerce Drive, Suite/,frO Fort Washington, PA 19034 (215) 653-7450 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK ONE, N.A. F/K/A THE FIRST NATIONAL BANK OF CHICAGO, As Trustee Under The Pooling And Servicing Agreement Dated as of June 1, NO. 02-5965 Civil Term 1998, Series 1998-A, Without Recourse, By And Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff, COURT OF COMMON PLEAS DAVID G. BUTZ AND SANDRA C. RITTER-BUTZ, Defendant(s). PRAECIPE TO ISSUE WRIT OF EXECUTION (MORTGAGE FORECLOSURE) TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter, directed to the Sheriff of Cumberland County, against DAVID G. BUTZ AND SANDRA C. RITTER-BUTZ, Defendant(s), and real property situated at 703 Alberta Avenue, East Pennsboro Township, Cumberland County, Pennsylvania 17055. AMOUNT DUE INTEREST FROM January 24, 2003 Through June 5, 2003 COSTS TO BE ADDED $104,151.91 2,191.36 BY: THE LAW OFFICES OF BARBARA A. FEIN, P.C. arbara A. Fein, Esquire~ Attorney I.D. No. 53002 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 DESCRIPTION ALL THAT CERTAIN lot or piece of ground with the improvements thereon erected situate in East Pennsboro Township, Count~, of Cumberland and Commonwealth of Pennsylvania, bounded and described in accordance with a subdivision plan of Laurel Hills, Section 12, rr]ade by Buchart-Horn, .Consulting Engineers and Planners, Job No. 203020, and recorded in the Office of Recorder of Deeds m and for Cumberland County, Pennsylvania, in Plan Book 31, Page 27, as follows ro wit: BEGINNING at a stake on the southerly line of Alberta Avenue ar the northeastern comer of Lot No. 50 on the above referred to Plan; thence along the southerly line of Alberta Avenue, South 45.degrees 42 minutes 35 seconds East, 100.00 feet to a stake at the northwestern comer of Lot No. 218 on the above referred to Plan; thence along the westerly line of said Lot No. 218, South 44 degrees 17 minutes 25 seconds West, 175.74 feet to a stake at other lands now or formerly of Donald E. Meske and Hazel G. Meske, and Deluxe Development Corporation, designated Recreation Area on said Plan; thence along line of said lands, North 53 degrees 41 minutes 44 seconds West, 100.98 feet to a stake at line of Lot No. 50 on the above referred to Plan; thence along the easterly line of said Lot No. 50, North 44 degrees 17 minutes 25 seconds East, 189.77 feet ro a stake, the place of beginning. BEING THE SAME PREMISES conveyed by Anthony J. Testa and Denise A. Testa, Husband and Wife, to David G. Butz and Sandra C. Ritter-Butz, Husband and Wife, by Deed dated May 27, 1998 and recorded on May 29, 1998, in Deed Book Volume 178, Page 169. ALSO KNOWN AS 703 Alberta Avenue, Mechanicsburg. TAX PARCEL NO. 09-18-1310-174. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO02-5965 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK ONE, N.A. F/K/A THE FIRST NATIONAL BANK OF CHICAGO, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 SERIES 1998-A WITHOUT RECOURSE, BY AND THROUGH ITS LOAN SERVICING AGENT, FAIRBANKS CAPITAL CORP. Plaintiff (s) From DAVID G BUTZ AND SANDRA C RITTER-BUTZ 703 ALBERTA AVENUE MECHANICSBURG PA 17055 (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 attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amoum DueS 104,151.91 L.L. $0.50 Interest $2,191.36 JANUARY 24, 2003 THROUGH JUNE 5, 2003 Atty's Corem % Due Prothy $1.00 Atty Paid $134.97 Other Costs PlaintiffPaid Date: MARCH 11, 2003 (Seal) REQUESTING PARTY: Name BARBARA A FEIN ESQUIRE Address: 425 COMMERCE DRIVE SUITE 100 FORT WASHINGTON, PA 19034 CURTIS R. LONG Prothonotary Deputy Attorney for: PLAINTIFF Telephone: (215) 653-7450 Supreme Court ID No. 53002 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-5965 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK ONE, N.A. F/K/A THE FIRST NATIONAL BANK OF CHICAGO, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF 6/1/98, SERIES 1998-A, WITHOUT RECOURSE, BY AND THROUGH ITS LOAN SERVICING AGENT, FAIRBANKS CAPITAL CORP. Plaintiff (s) From DAVID G. BUTZ AND SANDRA C. RITTER-BUTZ, 703 ALBERTA AVE., MECHANICSBURG PA 17055 (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 attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $104,151.91 Interest 1/24/03 TO 6/11/03 Atty's Corem % Atty Paid $134.97 Plaintiff Paid $2,345.44 L.L. $.50 ( AMENDED 3/18/03) Due Prothy 1.00 Other Costs Date: March 11, 22003 (Seal) REQUESTING PARTY: Name Barbara a. fein esquire Address: 425 commerce dr., suite 100 fort washington pa 19034 Attorney for: PLAINTIFF Telephone: (215) 653-7450 Supreme Court ID No. 53002 CURTIS R. LONG Protho ~.~y .ry . Deputy IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA BANK ONE, N.A. F/K/A THE FIRST NATIONAL BANK OF CHICAGO, As Trustee Under The Pooling And Servicing Agreement Dated as of June 1, 1998, Series 1998- A, Without Recourse, By And Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff, DAVID G. BUTZ AND SANDRA C. RITTER-BUTZ, Defendants. NO. 02-5965 Civil Term CERTIFICATION AS TO THE SALE OF REAL PROPERTY I hereby certify that I am the attorney of record for the Plaintiff, Bank One, N.A. f/k/a The First National Bank of Chicago, As Trustee Under The Pooling And Servicing Agreement Dated As Of June 1, 1998, Series 1998-A, Without Recourse, By And Through Its Loan Servicing Agent, Fairbanks Capital Corp., in this action against real property and I further certify that this property is: IX] That the Plaintiff has complied in all respects with Section 403 of the HOMEOWNERS, EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 which may include but is not limited to: (a) Service of notice on Defendant (b) Expiration of thirty days since the service of the Notice (c) ~efendant,s failure to request or to appear at a face-to- Zace meeting with the Mortgagee or with a Consumer Credit Counseling Agency (d) Defendant,s failure to file an application for financial assistance with the Pennsylvania Housing Finance Agency I further agree to indemnify and hold harmless the Sheriff of Cumberland County for any false statements given herein. THE LAW OFFICES OF BARBARA A.~EIN, Attorney for Plaintl~-~-- Attorney I.D. No. 53002 P.C. THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorney for Plaintiff File No. 8493 BANK ONE, N.A. F/K/A THE FIRST NATIONAL BANK OF CHICAGO, As Trustee Under The Pooling And Servicing Agreement Dated as of June 1, 1998, Series 1998- A, Without Recourse, By And Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff, DAVID G. BUTZ AND SANDRA C. RITTER-BUTZ, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-5965 Civil Term AFFIDAVIT UNDER PA. RCP RULE 3129 Bank One, N.A. f/k/a The First National Bank of Chicago, As Trustee Under The Pooling And Servicing Agreement Dated As Of June 1, 1998, Series 1998-A, Without Recourse, By And Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff in the above captioned mortgage foreclosure action, sets forth as of the date the praecipe for the Writ of Execution was filed, the following information concerning the real property located at 703 Alberta Avenue, Mechanicsburg, East Pennsboro Township, Cumberland County, Pennsylvania, was true and correct to the best of its knowledge, information and belief. Name and address of each Owner and/or Reputed Owner: David G. Butz 703 Alberta Avenue Mechanicsburg, PA 17055 Sandra C. Ritter-Butz 703 Alberta Avenue Mechanicsburg, PA 17055 o Name and address of each Defendant named in the judgment: David G. Butz 703 Alberta Avenue Mechanicsburg, PA 17055 Sandra C. Ritter-Butz 703 Alberta Avenue Mechanicsburg, PA 17055 o Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: None Name and address of the last recorded holder of every mortgage of record: Bank One, N.A. f/k/a The First National Bank of Chicago, As Trustee Under The Pooling And S~rvicing Agreement Dated As Of June 1, 1998, Series 1998-A, Without Recourse, By And Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff 338 South Warminster Road P.O. Box 1900 Hatboro, PA 19040 Name and address of every other person or entity which has any record lien on the property: None Name and address of every other person or entity which has any record interest in the property and whose interest may be affected by the sale: Alicia D. Stone, Tax Collector 98 South Enola Drive Enola, PA 1705 Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013-3387 East Pennsboro Sewer Authority 98 South Enola Drive Enola, PA 17025 Pennsylvania-American Water Co. 852 Wesley Drive Mechanicburg, PA 17055 o Name and address of every other person of whom the Plaintiff has knowledge who may have an interest in the property which may be affected by the sale: Tenant/Occupant 703 Alberta Avenue Mechanicsburg, PA 17055 Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: March 8, 2003 THE LAW OFFICES OF BARBARA A. FEIN, BY: ~ Attorney for Pi-~i~[~~'~ Attorney I.D. No. 53002 P.C. THE LAW OFFICES OF BARBAP~A A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorney for Plaintiff File No. 8493 BANK ONE, N.A. F/K/A THE FIRST NATIONAL BANK OF CHICAGO, As Trustee Under The Pooling And Servicing Agreement Dated as of June 1, 1998, Series 1998- A, Without Recourse, By And Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff, Vo DAVID G. BUTZ AND SANDRA C. RITTER-BUTZ, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-5965 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: David G. Butz 703 Alberta Avenue Mechanicsburg, PA 17055 Sandra C. Ritter-Butz 703 Alberta Avenue Mechanicsburg, PA 17055 Your house at 703 Alberta Avenue, East Pennsboro Township, Cumberland County, Pennsylvania is scheduled to be sold by the Cumberland County Sheriff's Department on June 5, 2002 at the Cumberland County Court House, 1 Courthouse Square, Carlisle, Pennsylvania, to enforce the Court judgment of $104,151.91 obtained by Plaintiff, Bank One, N.A. f/k/a The First National Bank of Chicago, As Trustee Under The Pooling And Servicing Agreement Dated As Of June 1, 1998, Series 1998-A, Without Recourse, By And Through Its Loan Servicing Agent, Fairbanks Capital Corp., against you. NOTICE OF OWNERS' RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. This sale will be canceled if you pay to Plaintiff Mortgagee the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call Kristen J. DiPaolo, Esquire at (215) 653-7450. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the Judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Kristen J. DiPaolo, Esquire at (215) 653-7450, or by calling the Cumberland County Sheriff's Department at (717) 240- 6390. 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 bid in the sale. To find out if this has happened, you may call Kristen J. DiPaolo, Esquire at (215) 653- 7450, or by calling the Cumberland County Sheriff's Department at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Cumberland County Sheriff, you will remain the owner of the property as if the sale had 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 Cumberland County Sheriff on or about thirty (30) days from the date of Sheriff's 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 sheet is posted. 7. You may also have other rights and defenses, or ways of getting your house 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 BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Court Administrator 4th Floor Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 DESCRIPTION ALL THAT CERTAIN lot or piece of ground with the improvements thbreon erected situate in East Pennsboro Township, County of Cumberland and Commonwealth of Pennsylvania, bounded and described in accordance with a subdivision plan of Laurel Hills, Section 12, made by Buchart-Horn, Consulting Engineers and Planners, Job No. 203020, and recorded in the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 31, Page 27, as follows to wit: BEGINNING at a stake on the southerly line of Alberta Avenue at the northeastern corner of Lot No. 50 on the above referred to Plan; thence along the southerly line of Alberta Avenue, South 45 .degrees 42 minutes 35 seconds East, 100.00 feet to a stake at the northwestern corner of Lot No. 218 on the above referred to Plan; thence along the westerly line of said Lot No. 218, South 44 degrees 17 minutes 25 seconds West, 175.74 feet to a stake at other lands now or formerly of Donald E. Meske and Hazel G. Meske, and Deluxe Development Corporation, designated Recreation Area on said Plan; thence along line of said lands, North 53 degees 41 minutes 44 seconds West, 100.98 feet to a stake at line of Lot No. 50 on the above referred to Plan; thence along the easterly line of said Lot No. 50, North 44 degrees 17 minutes 25 seconds East, 189.77 feet to a stake, the Place of beginning. BEING THE SAME PREMISES conveyed by Anthony J. Testa and Denise A. Testa, Husband and Wife, to David G. Butz and Sandra C. Ritter-Butz, Husband and Wife, by Deed dated May 27, 1998 and recorded on May 29, 1998, in Deed Book Volume 178, Page 169. ALSO KNOWN AS 703 Alberta Avenue, Mechanicsburg. TAX PARCEL NO. 09-18-1310-174. THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein / I.D. No. 53002 Kristen J. DiPaolo / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff File No. 02-8493 Loan No. 1101861753 BANK ONE, N.A. f/k/a THE FIRST NATIONAL BANK OF CHICAGO, As Trustee Under The Pooling And Servicing Agreement Dated as of June 1, 1998, Series 1998-A, Without Recourse, By And Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff, DAVID G. BUTZ and SANDRA C. RITTER-BUTZ, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-5965 Civil Term PRAECIPE TO WITHDRAW JUDGMENT ENTERED TO THE PROTHONOTARY: Kindly mark the record to reflect that the Plaintiff withdraws the judgment entered in the above entitled civil action. Respectfully Submitted, THE LAW OFFICES OF BARBARA A. FE]N, P.C. BY: ~ ~-~ ~ Barbara A. Fein, Esquire Attorney for the P~aintiff Attorney I.D. No. 53002 Dated: June 9, 2003 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein / I.D. No. 53002 Kristen J. DiPaolo / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff File No. 02-8493 Loan No. 1101861753 BANK ONE, N.A. f/k/a THE FIRST NATIONAL BANK OF CHICAGO, As Trustee Under The Pooling And Servicing Agreement Dated as of June 1, 1998, Series 1998-A, Without Recourse, By And Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff, DAVID G. BUTZ and SANDRA C. RITTER-BUTZ, Defendants. COURT OF COMMON PLEAS CUMBE1LL~® COUNTY NO. 02-5965 Civil Term PRAECIPE TO DISCONTINUE CIVIL ACTION TO THE PROTHONOTARY: Kindly mark the above entitled civil action discontinued without prejudice. Respectfully Submitted, THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: Barbara A. Fein, Esquire I Attorney for the Plaintiff Attorney I.D. No. 53002 Dated: June 9, 2003 Bank One, N.A. et al VS David G. Butz and Sandra C. Ritter-Butz In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-5965 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions fi.om Attorney Barbara Fein. Sheriff's Costs: Docketing 30.00 Poundage 15.66 Surcharge 30.00 Law Library .50 Prothonotary 1.00 Mileage 29.67 Levy 15.00 Posting Handbills 15.00 Advertising 15.00 Law Journal 339.80 Patriot News 281.89 Share of Bills 25.24 $ 798.76 paid by attorney 6/09/03 Sworn and subscribed to before me So Answers: day of~-~&~x_.~ R. ~om~~ This · omas Kline, Shefin Pro~onot~ Real Est~ Deputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss JOSEPH A. DENNISON being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of April and the 6th day(s) of May 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION .......................... ..~,,~.....~...~ ....... COPY Sworn to and subs rind ~efore~is 14th day~Ma~2~3 A.D. S A L E #56 Nota~a~SeaJ City Of Harrisburg, Dauphin County / MyCommissionExpiresJune6,2006 ~ NOTARY PUBLIC Iv~mber, Pennsylv;~nia Association Of Notaries My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 280.14 $ 1.75 $ 281.89 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 25, MAY 2, 9, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL E~TATE SALE NO. 56 Writ No. 2002-5965 Civil Bank One, N.A., f/k/a The First National Bank of Chicago, as Trustee Under the Pooling and Servicing Agreement Dated as of June 1, 1998, Series 1998-A, without recourse, by and through Its Loan Servicing Agent, Fairbanks Capital Corp. VS, David G. Butz and sandra C. PAtter-Buts Atty.: Barb~ra Fein DESCRIPTION ALL THAT CERTAIN lot or piece of ground with the improvements thereon erected situate in E.ast penns- boro Township, County of Cumber- land and Commonwealth of Perm- sylvania, bounded and described in accordance with a subdivision plan of Laurel Hills, Section 12, made by Buchart-Horn, Consultin4/Engi- neers and planners, Job No. 203020, and recorded in the Office of Record- er of Deeds in and for Cumberlmnd County, pennsylvania, in plan Book 3L Page 27, as follows to wit: BEGINNING at a stake on the southerly line of Alberta Avenue at the northeastern corner of Lot No. 50 on the above referred to Plan; thence along the southerly line of berta Avenue, South 45 degrees 42 minutes 35 seconds East, 100.00 feet to a stake at the northwestern cor- ner of Lot No, 218 on the above re- ferred to plan; thence along the westerly line of said LOt No. 218, South 44 degrees 17 minutes 25 seconds West, 175.74 feet to a stake at other lands now or formerly of Donald E. Meske and Hazel G. l~ke. and Deluxe Development e Coyne, SV~t~RN TO AND SUBSCRIBED before me this 9 day of MAY, 2003 DESCRiPTION ALL THAT CERTAIN lot or piece of ground with the improvements thereon erected situate in East Penns- boro Townsb_ip, County of Cumber- ]and and Commonwealth of Penn- sylvania, bounded ~nd described in accordance with a subdivision plan of Laurel Hills, Section 12. made by Buchart-Horn, Consulttng Engi- neers and Pl~mers, Job No. 203020, and recorded in the Office of Record- er of Deeds in and for Cumberlmud County~ Peunsylvania, in pla~ Book 31, Page 27, as follows to wit: BEGINNING at a stake on the southerly line of Alberta Avenue at the northeastern comer of Lot No, 50 on the above referred to Plan; thence along the southerly line of Al- berm Avenue, South 45 degrees 42 minutes 35 ~econds East, 100,00 feet ncr of Lot No. 218 on the above re- ferred to Plan; thence along the westerly line of said Lot No. 218, South 44 degrees 17 minutes 25 seconds West, 175.74 feet to a stake at other lamds now or formerly of Donald E. Meske and Hazel G. Meske, and Deluxe Development Corporation, designated Recreation Area on said Plan; thence along line of said lands. North 53 degrees 41 minutes 44 seconds West, 100.98 feet to a stake at line of LOt No. 50 on the above referred to Plan; thence along the easterly line of said Lot No. 50~ North 44 degrees 17 minutes 25 seconds East. 189.77 feet to a stake, the place of begin- ning. BEING THE SAME PREMISES conveyed by Anthony J. Testa and Denise A. Testa, Husband and Wife. to David G. Butz and Sandra C. Rltter-Butz, Husband amd Wife, by Deed dated May 27, 1998 ~nd re- corded on May 29, 1998, in Deed Book Volume 178, Page 169. ALSO KNOWN AS 703 Alberta Ave- nue, Mechanicsburg. TAX PARCEL NO. 09-18-1310- 174.