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Home My WebLink About97-02921 " ".;.'i ~ i ./ / ~ x .... - Lf ~ \i ~ ,. ~ ~ III l\.. .: tJ ; ..... f1 ~ C1 . t"-. 1;)-, . ~ 1. Plaintiff is CAPSTEAD, INC. 2711 NORTH HASKELL AVENUE SUITE 1000 DALLAS, TX 75204 2. The name(s) and last known addressees) of the Defendant(s) are PEGGY D. FELIX a/k/a PEGGY D. SWENSSON STEPHEN F. SWENSSON (Real Owner) 115 CHERRY GROVE ROAD SHIPPENSBURG, PA 17257 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 8/31/92 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PARENT FEDERAL SAVINGS BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1087, Page 500. By Assignment of Mortgage dated 1/31/95 the mortgage was assigned to WEYERHAEUSER MORTGAGE COMPANY which Assignment is recorded in Assignment of Mortgage Book No. 496, Page 673. By Assignment of Mortgage dated 5/16/96 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 523, Page 125. 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 10/1/96 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." PENN~YlVANIA HOUSING FINANCE AGENCY Homeowners Emergency Mortgage Assistance loan Program Payments General Informallon (717) 780-3940 CorrClDondence 2101 North Fronl Slreel General Informallon 1-800-342-2397 2101 North Front Street P.O, Box 15206 P.O, Box 15530 Harrlsburs, PA 17105-5206 Harrisburg, PA 17105-5530 TDD' For HearIng Impaired 1-800-346-3597 HOMIlOWNBRS' IlMBROSNCY I<<)RTGAGS ASSISTANCS PROGRAM STATllMBNT OF CRllDIT DSNIAL, TSRMINATION OR CHANOS 5/20/97 CAPSTEAD, INC, 2711 N, HASKBIoL SUITIl 1000 DALLAS, TX. 7520. SUBJSCT: PSGGY D SWBNSSON 115 CIlERRY GROVIl ROAD SHIPPENSBORG, PA. 17257 REQllESTIlD CRIlDITI HOI:II!OWNSR'S EMlJRGIlNCY MORTGl\GS ASSIllTANCS LOAN Adverse Action Taken: CHANOS/LOAN RESCISSION principal Reason(s) for Adverse Action Concerning Credit: 1, Mortgagor failed to comply with procedural requirement of Agency based on: Homeowner failed to attend 2 scheduled loan closings 5/9 and 5/16/97. Homeowner has made no contact with this Agency following the 5/16 scheduled date, You may be entitled to an appeal hearing if you disagrse with our decision. We must roceive a written request for a hearing within 15 days of the postmark date of this letter. (Appeal requeeto muet be in writing; a verbal request is not acceptable). The hearing msy be con- ducted by a telephone conference call; therefore, you muet include your telephone number. Requests fcr hearings must state the reason(s) that a hearing is requested and must be sent lirst class, registered or certified mail to: Chief Counsel - Hearing Request, PHFA/HEMAP , 2101 North Front Street, p, O. Box 15628, Harrisburg, Pennsylvania 17105-5628. The Agency will attempt to schedule the hearing within thirty (301 days after the requost ie received. When sending your appeal, please be sure to print your name legibly and include your social &ecurity nwnber. You have a right to be represented by an attorney in connection with your appeal. If you cannot afford an attornsy you may be eligible for Legal Services representation, You can contact a Legal Services ropresentative through the following toll tree number 1-900-732-35.5, Please be aware that scheduling an appeal hearing does not noceeoari1y .tay foreclosure proceedings, DISCLOSURE OF OSE OF INFORMATION OBTAINED PROM OUTSIDB SOURCB: 1. Disclosure inapplicable. The Federal Bqual Credit Opportunity Act prohibits creditors from discriminating againet credit epplicants on the basis of race, color, religion, national origin, sex, marital status, ege (provided that ths applicant has the capacity to enter into a binding contract); because all or part of the applicant's income derivee from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protec- tion Act, The Federal Agency that administers compliance with this law concerning this creditor is tho Federal Trade CommIssion, Equal Credit Opportunity, Washington, D.C. ~~t-fi?,~ FRED BRICK M. RlED DIRSCTOR EXHIBIT liB" ALL THOSH TWO certain tracts ot ground situate in SouthasPton Township, Cumberland County, PennSYlvania, .ore fully bounded and de.crlbed a. tallows: TRACT NO.1: BBGINNING at the railroad .pike In the centerline ot Tewnship road 302 at corner of tot No. 16 and the land herein conveyed: thence by the centerline of the aald TownshIp Road 302, North thIrty-sIx (36) degrees eIght (08) sluutes We.t. one hundred fIfty (160) feet to a raIlroad spike at the northwest corner of tot No. 17: thence by land nON or formerly of Floyd J. Varner and Phyllis D. Varner, hi. wife, North fifty-three (63) degrees fIfty-two (62) sinute. Bast, two hundred twentY-five (226) feet to an Iron pin; thence by land now or torserly ot Varner, South thlrty-siz (38) degree. eight (08) mInutes B~8t one hundred tIfty (160) feet to an iron pin at corner of tot No. 18: thence by tot No. 18, South fifty-three '(53) degrees fIfty-two (52) sinute. Heat, two hundred twenty-five (228) feet to a railroad spIke In the centerlIne of Town.hlp Road 302, the place of BBGINNING. BBING tot No. 17 in Plan of Lots of Carl D. Bert. R. S., made January 9, 1975, for PloYd J. Varner, and recorded in Cumberland County Plan Book 28, at Page 137. TRACT NO.2: BEGINNING at a railroad spike set In the center of TownShip Route 302 on Corner of land. now or formerly of P)oyd J. Varner and PhYllis D. Varner, his wIfe; thence by said lands now or formerly of Varner, North fifty-three (53t degrees fifty-two (52) minutes zero (00) eeconds Bast. two hundred twenty-five (225) feet to a set iron pin: thence by the .ase, South thirty-two (32) degrees fortY-five (45) minutes zero (00) seconds East, fifty and sixtY-five hundredths (50.85) feet to a set iron pin at corner at Tract NO.1 above: thence by said Tract No. I, South fifty-three (53) degrees fifty-two (52) sinutes zero (00) .econds West, two hundred twentY-five (225) feet to an eXisting railroad spike set in the centerlIne of Township Route 302: thence by the centerline of said roadway, North thirty-two (32) degrees forty-five (45) .inutes zero (00) .econds We.t, fifty and .ixtY-flve hundredths (50.85) feet to a sst railroad spike. the place of BEGINNING. CONTAINING a total lot area of .2812 acres and known as Lot No. 17A as per subdivision draft prepared by John R. Kissinger, R.S., dated February 27, 1984. and recorded in Cu.berland County Plan Book 45. at Page 142. BEING THB SAME PREMISES which David B. Felix and Peggy D. Felix, husband and wife, by deed dated Pebruary 8, 1991 and recorded in tbe Recorder's Oftice in and for Cusberland County, PA in Record Book Z-34. page 27 granted and conveyed _unt.~ Peggy D.. Felix,.h.e~ beIr.....and. s.ssiKns,. PREHISES: US CHERRY GROVE ROAD, SHIPPENSBURG, PA 17257 .-~~ .-. P~8'~ 7-97 FRI II: 02 P,06 PEGGY D. FEI.IX #0653190801 VBRIFICATIOij "-oned C(M..~ IJ i C{. VM-".> i d .e.~\..-+ of hereby states that he/she ie C a.p=;. t eo-&.. I '^-c.. . , .1 ".-.. mortgage servicing agent for Plaintiff in this matter, that he/she ie authorized to take thie Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made eubject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~d..D.{r...v.Si. DATE: (,,-:'J.q, ~ ~~ ~~ ~ .~ ~~ ~ ~ ~ " ~ ~ S' >- 1"" 0: ..... i.:.: c ,-- -. U l~ " C~ !,... O. , " . G.: $. ,. , " , - (.>:. '.1... 0 r.': ;-.1 u..' .::\ -. i..i.: , ,- ~.d ~~~ , ,- ,h, ;,:; to_ U c:l ::4 tr 0 ~ ~ ~ ~ ~ ~ ~ ". FEDERMAN AND PHELAN FRANK FEDERMAN, ESQUIRE Identification No. 12248 Two Penn Center Plaza suite 900 Philadelphia, PA 19102-1799 (2151 563-7000 Capstead, Inc. ATTORNEY FOR PLAINTIFF vs. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY Plaintiff Peggy D. Felix a/k/a Peggy D. Swensson Stephen F. Swensson Defendant(s) No. 97-2921 TO: Stephen F. Swensson 115 Cherry Grove Road Shippensburg, PA 17257 DATE OF NOTICE: JUlv 3. 1997 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. 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 Court Administator 4th Floor Cumberland County Courthouse Carlisle, PA 17013 (717)240-620~~ ~~~ FRA K FEDERMA , ESQUIRE Attorney for Plaintiff >- ..... r-.; (!"; C ~ .. I!Jf."? t.'; ..,-...... ~ 0' ~_:: t,.)..- - r.:.: ~.. ~ :'''. t. .' L:_ .. ... "~ c,i" '- " (~) , c:.~, ; I":, .. -.. [f:l ;.~ iC;'j . ,,, _!t;" I:. en ::.j u 0' () I \ >- ,... ".". , n~ c: '-:-:: ~:- i'::- 1:,1 , , , t.> , ; : ~ , I :~ , - J U , - ~..; rj ,"n .- U_' .- ~'." -, -.- H~ ~ "- , - .--, , 1 oc':l :"5 c) (.1"! (.) ,ALL THOSE TWO CERTAIN tracts of ground situate in Southampton Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: TRACT NO, I: BEGINNING at the railroad spike in the centerline of Township Road 302 at corner of Lot No. 16 and the land herein conveyed; thence by the centerline of the said Township Road 302, Nonh thiny-six (36) degrees eight (08) minutes West, one hundred fifty (150) feet to a railroad spike at the Nonhwest corner of Lot No. 17; thence by land now or fonnerly of Floyd J, Varner and Phyllis D, Varner, his wife, Nonh fifty-three (53) degrees fifty-two (52) minutes East, two hundred twenty-five (225) feet to an iron pin; thence by land now or fonnerly of Varner, South thirty-six (36) degrees eight (08) minutes East one hundred fifty (150) feet to an iron pin at corner of Lot No, 16; thence by Lot No. 16, South fifty-three (53) degrees fifty-two (52) minutes West, two hundred twenty-five (225) feet to a railroad spike in the centerline of Township Road 302, the place of beginning, BEING Lot No, 17 in Plan of Lots of Carl D. Ben. R,S., made January 9, 1975, for Floyd J. Varner, and recorded in Cumberland County Plan Book 26, at Page 137. TRACT NO.2: BEGINNING at a railroad spike set in the center of Township Route 302 on corner of lands now or fonnerly of Floyd J. Varner and Phyllis D. Varner, his wife; thence by said lands now or fonnerly of Varner, Nonh fifty-three (53) degrees fifty-two (52) minutes zero (00) seconds East, two hundred twenty-five (225) feet to a set iron pin; thence by the same, South thirty_ two (32) degrees forty-five (45) minutes zero (00) seconds East, fifty and sixty-five hundredths (50.65) feet to a set iron pin at corner of Tract No. I above; thence by said Tact No.1, South fifty- three (53) degrees fifty-two (52) minutes zero (00) seconds West, two hundred twenty-five (225) feet to an existing railroad spike set in the centerline of Township Route 302; thence by the centerline of said roadway, South thirty-two (32) degrees forty-five (45) minutes zero (00) seconds East, fifty and sixty-five hundredths (50.65) feet to a set railroad spike, the place of beginning. CONTAINING a tOlallot area of 2612 acres and known as Lot No, 17A as per subdivision draft prepared by John R. Kissinger. R.S., dated February 27, 1984, and recorded in Cumberland County Plan Book 45, at Page 142. SUBJECT to dedicated right-of-way lines and building setback lines per the above-described subdivision draft, BOTH Tracts No, 1 and 2 above are subject to the additional restriction that neither tract may be sold as a separate lot (see Subdivision Plan prepared by John R. Kissinger. R.S" dated February 27, 1984, as recorded in Cumberland County Plan Book 45, at Page 142, BEING Tax Parcel #39-14-0171-059. TITLE TO SAID PREMISES IS VESTED IN Stephen F, Swensson and Peggy D. Swensson, his wife, by Deed from Stephen F, Swensson and Peggy D, Swensson, fonnerly known as Peggy D. Felix, dated 6/30/94 recorded 7/7/94 in Deed Book 108 page 109. . # >- ,... '- ct; c roO ~, " ,~ "'~~ ...... c f.., ....., LtJ'. : . ~ -! i--': . ; I" ': l'... " 5-:' '::J C-, ' , l... , , ,- , '~ij L:~ .-'.: ~"~ I... (.. -.. "- co :":j (.i G" U /' -... r-- ,- Cl~ c: i.,.; ..... ~'. ..- : , , ,: . . ( ) . L;': , , . .. ~J:.. C! C' U," , , ;", , " , . co. r-~~ ;", " ..0-> ..,- ltn (~ ;j () rp (; ">- 1"" ~. k- .-'. c: '. . ! l'-: :...., - V_I'. r. ': , r.: ':' :1., '.... \",~:". 2: C:} .. . " ~ ,!, I.,J c..- ,- : ~ \.1- - 1.:_ m :j ~) c"': () -., en (.:: r:: c: G2 .. ", , .. ;~:~ I~:' ~""": c . u.. , 1. () , .:".':) , , {" , . , ~~i, , , .. c : ; u: .. , 'fl- , - ~) I , (!:: n <-1 L" ,." '.. -- C:l 0.- t-; C I.. <. ~:~ t.:: .. , c' ,~-: ) .... II !~. ' ~:~ I. , ,. :.>r: -.j r~: I. " :... ~~i " 0 " ".'.1" , , <::> ; ~:'1 l~ :' . u_. '.' ,: ,'- c2!~ ;<- . 'L<~ " .- o:n!.l. 1-- , U_ I".C :.s <.) c;-o. (,) .. 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 TARE PLACE. 1. be sold calling If the Sheriff's Sale is not stopped, your property will to the highest bidder. You may find out the price bid by (2151 563-7000. 2. sale if of your You may be able to petition the Court to set aside the the bid price was grossly inadequate compared to the value 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 (215) 563-7000. 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 remdin 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 on 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 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 COURT ADMINISTRATOR 4th floor Cumberland County Courthouse (717) 240-6200 ALL THOSE TWO CERTAIN ttacts of ground silUate in Southampton Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: TRACT NO, 1: BEGINNING at the railroad spike in the centerline of Township Road 302 at comer of Lot No. 16 and the land herein conveyed; thence by the centerline of the said Township Road 302, North thirty-six (36) degrees eight (08) minutes West, one hundred fifty (150) feet to a railroad spike at the Northwest comer of Lot No. 17; thence by land now or formerly of Floyd J. Varner and Phyllis D. Varner, his wife, North fifty-three (53) degrees fifty-two (52) minutes East, two hundred twenty-five (225) feet to an iron pin; thence by land now or formerly of Varner, South thirty-six (36) degrees eight (08) minutes East one hundred fifty (150) feet to an iron pin at comer of Lot No. 16; thence by Lot No. 16, South fifty-three (53) degrees fifty-two (52) minutes West, two hundred twenty-five (225) feet to a railroad spike in the centerline of Township Road 302, the place of beginning. BEING Lot No. 17 in Plan of Lots of Carl D, Bert, R.S., made January 9, 1975, for Floyd J. Varner, and recorded in Cumberland County Plan Book 26, at Page 137. TRACT NO, 2: BEGINNING at a railroad spike set in the center of Township Route 302 on comer of lands now or formerly of Floyd J. Varner and Phyllis D. Varner, his wife; thence by said lands now or formerly of Varner, North fifty-three (53) degrees fifty-two (52) minutes zero (00) seconds East, two hundred twenty~five (225) feet to a set iron pin; thence by the same, South thirty_ two (32) degrees forty-five (45) minutes zero (00) seconds East, fifty and sixty-five hundredths (50.65) feet to a set iron pin at comer of Tract No. 1 above; thence by said Tact No. I, South fifty- three (53) degrees fifty-two (52) minutes zero (00) seconds West, two hundred twenty-five (225) feet to an existing railroad spike set in the centerline of Township Route 302; thence by the centerline of said roadway, South thirty-two (32) degrees forty-five (45) minutes zero (00) seconds East. fifty and sixty-five hundredths (50.65) feet to a set railroad spike, the place of beginning. CONTAINING a total lot area of 2612 acres and known as Lot No. 17A as per subdivision draft prepared by John R. Kissinger, R.S., dated February 27, 1984, and recorded in Cumberland County Plan Book 45, at Page 142. SUBJECT to dedicated right-of-way lines and building setback lines per the above-described subdivision draft. BOTH Tracts No. 1 and 2 above are subject to the additional restriction that neither tract may be sold as a separate lot (see Subdivision Plan prepared by John R. Kissinger, R.S., dated February 27, 1984, as recorded in Cumberland County Plan Book 45, at Page 142. BEING Tax Parcel #39-14-0171-059. TITLE TO SAID PREMISES IS VESTED IN Stephen F, Swensson and Peggy D. Swensson, his wife, by Deed from Stephen F, Swensson and Peggy D. Swensson. formerly known as Peggy D, Felix, dated 6/30/94 recorded 7/7/94 in Deed Book 108 page 109. . # . .. .# CAPSTEAD, INCORPORATED . CUMBERLAND COUNTY . . COURT OF COKMON PLEAS . : CIVIL DIVISION vs. . . PEGGY D. FELIX, A/K/A PEGGY D. SWENSON STEPHEN F. SWENSON : NO. 97-2921 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 11 CAPSTEAD. INCORPORATED , Plaintiff in the above action, by its attorney. FRANK FEDERMAN, ESQ., sets forth as of the date the Praecipe for the writ of Execution was filed the following information concerning the real property located at 115 CHERRY GROVE ROAD. SHIPPENSBURG. PA 17257. 1. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained. please so indicate) PEGGY D. FELIX. AIKIA PEGGY D. SWENSON 115 CHERRY GROVE ROAD SHIPPENSBURG. PA 17257 STEPHEN F. SWENSON 115 CHERRY GROVE ROAD SHIPPENSBURG. PA 17257 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE J. 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) NONE 4. Name and address of the last recorded holder of every mortgage of record: ~ LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) FLOYD J. VARNER' PHYLLIS p. VARNER R.D. #6 SHIPPENSBURG. PA 17257 ALL THOSE TWO CERTAIN tracts of ground situate in Southampton Township, Cumberland 'Countj, Pennsylvania, more fully bounded and described as follows: TRACT NO, 1: BEGINNING at the railroad spike in the centerline of Township Road 302 at corner of Lot No. 16 and the land herein conveyed; thence by the ceOlerline of the said Township Road 302, Nonh thirty-six (36) degrees eight (08) minutes West, one hundred fifty (1.50) feet to a railroad spike at the Nonhwest corner of Lot No, 17; thence by land now or fonnerly of Floyd 1. Varner and Phyllls D. Varner, his wife, Nonh fifty-three (.53) degrees fifty-two (.52) minutes East, two hundred twenty-five (225) feet to an iron pin; thence by land now or fonnerly of Varner, South thirty-six (36) degrees eight (08) minutes East one hundred fifty (ISO) feet to an Iron pin at corner of Lot No, 16; thence by Lot No. 16, South fifty-three (53) degrees lifty-two (.52) minutes West, two hundred twenty-five (225) feet to a railroad spike in the centerline of Township Road 302, the place of beginning. BEING Lot No, 17 In Plan of Lots of Carl D, Ben, R,S., made lanuary 9, 1975, for Floyd 1. Varner, and recorded in Cumberland County Plan Book 26, at Page 137, TRACT NO.2: BEGINNING at a railroad spike set in the center of Township Route 302 on corner of lands now or fonnerly of Floyd 1. Varner and Phyllls D, Varner, his wife; thence by said lands now or fonnerly of Varner, Nonh fifty-three (53) degrees fifty.two (.52) minutes zero (00) seconds East, two hundred lwenty-five (22.5) feet to a set Iron pin; thence by the same, South thirty- two (32) degrees forty-five (45) minutes zero (00) seconds East, fifty and sixty-five hundredths (50.65) feet to a set iron pin at corner of Tract No, I above; thence by said Tact No, 1, South fifty- three (53) degrees fifty-two (52) minutes zero (00) seconds Wesl, two hundred twenty-five (225) feet 10 an existing railroad spike sel in the centerline of Township Route 302: thence by the centerline of said roadway, South thirty-two (32) degrees fony-five (45) minutes zero (00) seconds East, fifty and sixty-five hundredths (50.65) feet to a sel railroad spike, the place of beginning, CONTAINING a total lot area of 2612 acres and known as Lot No, 17A as per SUbdivision draft prepared by 10hn R. Kissinger, R.S., dated February 27, 1984, and recorded in Cumberland County Plan Book 45, at Page 142. SUBIECT to dedicated right-of-way lines and building setback lines per the above-described subdivision draft, BOTH Tracts No, 1 and 2 above are subject to the additional restriction that neither tract may be sold as a separate lot (see Subdivision Plan prepared by 10hn R. Kissinger, R,S" dated February 27, 1984, as recorded in Cumberland County Plan Book 4.5, at Page 142, BEING Tax Parcel #39-14-0171-059, TITLE TO SAID PREMISES IS VESTED I~ Stephen F, Swensson and Peggy D. Swensson, his wife, by Deed from Stephen F, Swensson and Peggy D, Swensson. fonnerly known as Peggy D. Felix, dated 6/30/94 recorded 7/7/94 in Deed Book 108 page 109, .. ~ . , You may need an attorney to ~DDert your rights. The sooner you contact one, the more chance you will h~ve of stopping the sale. (See notice on page two on how to obt~in 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- be sold calling If the Sheriff's Sale to the highest bidder. 1215\ 563-7000. is not stopped, your property will You may find out the price bid by 2. sale if of your You may be able to petition the Court to set aside the the bid price was grossly in~dequate compared to the value property. 3. The sale will go through only Sheriff the full amount duo In tho a~le. happened, you may call (215) 563-7000, if the buyer pays the To find out if this has 4. If the amount due from the Buyer is not paid to the Sheriff, you will rem~ln tho owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount duo is paid to tho Shoriff and the Sheriff gives a deed to the buyer. At th~t timo, the buyer may bring legal proceedings to evict you. 6. You may be entitled to II share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be flied by the Sheriff on 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 dlstribution is wrong) are filed with the Sheriff within ten (10) days after 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 COURT ADMINISTRATOR 4th floor Cumberland County Courthouse (717) 240-6200 TRACT NO.1: BEGINNING at the railroad spike in the centerline of Township Road 302 at comer of Lot No. 16 and the land herein conveyed; thence by the centerline of the said Township Road 302, North thirty-SL"<: (36) degrees eight (08) minutes West, one hundred fifty (150) feet to a railroad spike at the Northwest comer of Lot No. 17; thence by land now or formerly of Aoyd J. Varner and Phyllis D, Varner, his wife, North fifty-three (53) degrees fifty-two (52) minutes East, two hundred twenty-five (225) feet 10 an iron pin; thence by land now or formerly of Varner, South thirty-six (36) degrees eight (08) minutes East one hundred fifty (150) feet to an iron pin at comer of Lot No. 16; thence by Lot No, 16, South fifty-three (53) degrees fifty-two (52) minutes West, two hundred twenty-five (225) feet to a railroad spike in the cenlerline of Township Road 302, the place of beginning. BEING Lot No. 17 in Plan of Lots of Carl D, Bert, R,S" made January 9, 1975, for Aoyd J. Varner, and recorded in Cumberland County Plan Book 26, at Page 137. TRACT NO, 2: BEGINNING at a railroad spike set in the center of Township Route 302 on comer of lands now or fonnerly of Aoyd J, Varner and Phyllis D. Varner, his wife; thence by said lands now or fonnerly of Varner, North fifty-three (53) degrees fifty-two (52) minutes zero (00) seconds East, two hundred twenty~five (225) feet to a set iron pin; thence by the same, South thirty_ two (32) degrees forty-five (45) minutes zero (00) seconds East, fifty and sixty-five hundredths (50.65) feet to a set iron pin at comer of Tract No, 1 above; thence by said Tact No.1, South fifty- three (53) degrees fifty-two (52) minutes zero (00) seconds West, two hundred twenty-five (225) feet to an existing railroad spike set in the centerline of Township Roule 302; thence by the centerline of said roadway, South thirty-two (32) degrees forty-five (45) minutes zero (00) seconds East, fifty and sixty-five hundredths (50.65) feet 10 a set railroad spike, the place of beginning. CONTAINING a lolallot area of 2612 acres and known as Lot No. 17A as per subdivision draft prepared by John R. Kissinger, R.S.. dated February 27, 1984, and recorded in Cumberland County Plan Book 45, at Page 142. SUBJECT to dedicated right-of-way lines and building setback lines per the above-described subdivision draft. BOTH Tracts No, 1 and 2 above are subject to the additional restriction that neither tract may be sold as a separate lot (see Subdivision Plan prepared by John R. Kissinger, R.S., dated February 27, 1984, as recorded in Cumberland County Plan Book 45, at Page 142. BEING Tax Parcel #39-14-0171-059. TITLE TO SAID PREMISES IS VESTED IN Slephen F. Swensson and Peggy D. Swensson, his wife, by Deed from Slephen F, Swensson and Peggy D. Swensson, fonnerly known as Peggy D, Felix, dated 6/30/94 recorded 717194 in Deed Book 108 page 109. .. # . ,- ocr-- 01 III t:l ON 0 Cl::!:: III ..< a ;'ll. .. ~tD ~ "" ~~ t:l .. t:l '"':!: .. .c .. .c VCo Co .".5:- OZ Z .. ~~ = - ....c Q 0 00 ...00 '" ... '-l~ '" f- = ~> .. ~ ll.oo ~ U ocr-- -t:i ZZ 00 '-l.... 01 III . t:l X.. o{::! .. 0 OZ Q 0 '-l = ~ Cl::... 1: ~~ III .. < cJ ~a '"' ~ :s..< '" ~;.: = ell" 0'" "';'ll. .. 0\ ... .. ~ f- ~ . '" 0 .L:l Of- )II( C .. .. 0\ -0 .; ll.oo :::"CJ~ S 0\ UZ C2~ - 01 ;. ~~ ~ ~ ~.E E '"'~ .. g 00 - ~~ ~ '" . ... fIJ f-U Co Cl::~ QQ"= .. ~ 01 ..c .c .. Q, Q::Q V .ts c. 01: ~ ~V 6: "" - .. Q, ~Z ..- '"' 0 ell if III .- ~ 0< "-00 ~~ ~ll.=c;j ~ .. U~ lloo..... ..c - ::: ~~ ~ U == ell ~ oi:j f-~ .. C2 lloo .!! Z~ lloo ii: -U , ALL THOSE TWO CERTAIN tracts of ground situate in Southampton Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: TRACT NO.1: BEGINNING at the railroad spike in the centerline of Township Road 302 at corner of Lot No. 16 anll the land herein conveyed; thence by the centerline of the said Township Road 302, North thirty-six (36) degrees eight (08) minutes West, one hundred fifty (150) feet to a railroad spike at the Northwest corner of Lot No. 17; thence by land now or formerly of Floyd 1. Varner and Phyllis D, Varner, his wife, North fifty-three (53) degrees fifty-two (52) minutes East, two hundred twenty-five (225) feet to an iron pin; thence by land now or formerly of Varner, South thiny-si.'t (36) degrees eight (08) minutes East one hundred fifty (150) feet to an iron pin at corner of Lot No. 16; thence by Lot No. 16, South fifty-three (53) degrees fifty-two (52) minutes West, two hundred twenty-five (225) feet to a railroad spike in the centerline of Township Road 302, the place of beginning, BEING Lot No. 17 in Plan of Lots of Carl D. Bert, R,S., made 1anuary 9, 1975, for Floyd J. Varner, and recorded in Cumberland County Plan Boole 26, at Page 137. TRACT NO, 2: BEGINNING at a railroad spike set in the center of Township Route 302 on corner of lands now or fonnerly of Floyd J. Varner and Phyllis D. Varner, his wife; thence by said lands now or fonnerly of Varner, North fifty-three (53) degrees fifty-two (52) minutes zero (00) seconds East, two hundred twenty-five (225) feet to a set iron pin; thence by the same, South thirty_ two (32) degrees forty-five (45) minutes zero (00) seconds East, fifty and sixty-five hundredths (50.65) feet to a set iron pin at corner of Tract No. 1 above; thence by said Tracll'fO. I, South fifty- three (53) degrees fifty-two (52) minutes zero (00) seconds West, two hundred twenty-five (225) feet to an existing railroad spike set in the centerline of Township Route 302; thence by the centerline of said roadway, South thirty-two (32) degrees forty-five (45) minutes zero (00) seconds East. fifty and sixty-five hundredths (50,65) feet to a set railroad spike, the place of beginning, CONTAINING a torallot area of.2612 acres and known as Lot No. 17A as per subdivision draft prepared by John R. Kissinger, R.S., dated February 27, 1984, and recorded in Cumberland County Plan Book 45, at Page 142. SUBJECT to dedicated right-of-way lines and building setback lines per the above-described subdivision draft. BOTH Tracts No. 1 and 2 above are subject to the additional restriction that neither tract may be sold as a separate lot (see Subdivision Plan prepared by John R. Kissinger, R.S., dated February 27, 1984, as recorded in Cumberland County Plan Book 45, at Page 142, BEING Tax Parcel #39-14-0171-059. mLE TO SAID PREMISES IS VESTED IN Stephen F. Swensson and Peggy D. Swensson, his wife, by Deed from Stephen F, Swensson and Peggy D, Swensson, fonnerly known as Peggy D. Felix, dated 6/30/94 recorded 7/7/94 in Deed Book 108 page 109, .~.;, , t:~' ~ ~ - (.:Q - - ~ ~ ~~ ..... - ~ ' . ~ t;j ..J) , ' '\: !~ i ~~ ... " , ':3 C! ;dc3' I ~ ~ g N 3~ - I I \'- () ....g u. I 11:: LiJ I I \) ~ '"'~ cr uh C"<) 0 ':Jt. ~ :u.. <. en 0.. <)n(()~e() () 'J:;:II: ::!: &;: ...: is g 0 GOOo... . t., ~ct. , '~ r.; ~ ~ ~ 0-- " 0- b9 "I'? ~ 'b)- ~ ~ > ~ co ~ tn .. tf 0 N ~~ ~g :a::: ~ Q.. ~~ .~~ N I ll"ifi ll' a:: dJ F ...: tUn. :a::: 3 ~ 0 0 u ~ CD ~ In ~ N 8~ :c ~p Q.. 9~ N &.i..Il. I :3z _1,_. c: ffi~ O:t oct roo. x: 3 lI- e 0 e 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 IlE AIlLE TO SA VE YOUR I'IWI'ERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. 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 (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 o[ 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 LA WYER 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 HELl'. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 2-19-3166 (800) 990-9108 ALL THOSE TWO CERTAIN O'aclS of ground situate in Southampton Township, Cumberland County, Pennsylvania. more fully bounded and described as follows: TRACT NO, 1: BEGINNING at the railroad spike in the centerline of Township Road 302 at comer of Lot No. 16 anli the land herein conveyed; thence by the centerline of the said Township Road 302, North thirty-si.'I: (36) degrees eight (08) minutes West, one hundred fifty (ISO) feet to a railroad spike at the Northwest comer of Lot No. 17; thence by land now or formerly of Floyd J. Varner and Phyllis D. Varner, !lis wife, North fifty-three (S3) degrees fifty-cwo (S2) minutes East, two hundred twenty-five (22S) feet to an iron pin; thence by land now or fonnerly of Varner, South thirty-si.'I: (36) degrees eight (08) minutes East one hundred fifty (ISO) feet to an iron pin at comer of Lot No. 16; thence by Lot No. 16, South fifty-three (S3) degrees fifty-cwo (52) minutes West, two hundred twenty-five (225) feet to a railroad spike in the centerline of Township Road 302, the place of beginning. BEING Lot No. 17 in Plan of LoIS of Carl D. Bert, R.S" made January 9, 1975, for Floyd J. Varner, and recorded in Cumberland County Plan Boole 26, at Page 137. TRACT NO, 2: BEGINNING at a railroad spike set in the center of Township Route 302 on comer of lands now or formerly of Floyd J. Varner and Phyllis D, Varner, his wife; thence by said lands now or formerly of Varner, North fifty-three (53) degrees fifty-cwo (52) minutes zero COO) seconds East, two hundred cwenty-five (225) feet to a set iron pin: thence by the same, South thirty_ cwo (32) degrees forry-five (45) minutes zero (00) seconds East, fifty and si.'l:ty-five hundredths (50,65) feet to a set iron pin at comer of Tract No, 1 above; thence by said Tracll'lO. I, South fifty- three (53) degrees fifty-cwo (52) minutes zero (00) seconds West, cwo hundred twenty-five (225) feet to an existing railroad spike set in the centerline of Township Route 302; thence by the centerline of said roadway, South thirty-two (32) degrees forry-five (45) minutes zero (00) seconds East, fifty and si.'l:ty-five hundredths (50.65) feet to a set railroad spike, the place of beginning, CONTAINING a total lot area of.2612 acres and known as Lot No. 17A as per subdivision draft prepared by John R. Kissinger, R.S., dated February 27, 1984, and recorded in Cumberland County Plan Book 4S, at Page 142. SUBJECT to dedicated right-of-way lines and building setback lines per the above-described subdivision draft. BOTH TraclS No, 1 and 2 above are subject to the additional restriction that neither O'act may be sold as a separate lot (see Subdivision Plan prepared by John R. Kissinger, R.S" dated February 27, 1984, as recorded in Cumberland County Plan Book 4S, at Page 142, BEING Ta.'I: Parcel #39-14-0171-oS9, mLE TO SAID PREMISES rs VESTED rN Stephen F, Swensson and Peggy D. Swensson, !lis wife, by Deed from Stephen F, Swensson and Peggy D, Swensson, formerly known as Peggy D. Felix, dated 6/30/94 recorded 7/7/94 in Deed Book 108 page 109, .....~, .. ' >- (I) ~ ~ In ~Q N a~ ~ x: U~ ~~ Q.. ?i l?: N :g u.. , O:W 0: ftl~ oG: 2: ~ 15 0 0 U ~: ,/ STEPHEN F. SWEN~SON PEGGY D. SWENSSON AIKIA PEGGY FELIX UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA Dcbtor(s) CASE NO.: 1-98-3673 CAPSTEAD, INC. AUTOMATIC STAY Movnnt(s) CHAPTER 13 STEPHE;-.I F. SWE;-.ISSON PEGGY D. SWE;-.ISSON AIKIA PEGGY FELIX CHARLES J. DEHART, TRUSTEE Rcspondcnt(s) FILED Hamsburg, PA llME _A.M,.pJ.l. .i28~. ORDER """"'IIlA.S<Nn Clorliol:r:.~Ccurt Pet o.;.,Clortt AND NOW, this 28TH day ofMA Y ,1999 IT IS ORDERED THAT: 1. Within FIVE (5) days from the date of this Order, the movant herein shall serve this Order and the attached Motion upon the respondent(s) and. ifappropriate. upon the trustee, and shall file a Certificate of Service with this Court. 2, Within FIFTEEN (15) days from the date of this Order, the respondent(s) named above shall contact movant in an effort in good faith to resolve by agreement the issues raised by the Motion. 3, In the event the issues raised by the Motion are not resolved by agreement. the respondent(s) shall answer the Motion within TWENTY (20) days from the date of this Order, and upon being served with such answer, the movant shall contact the Courtroom Deputy at 717-901-2800 to list the motion for final hearing, If no answer is filed, the movant may pursue a default judgment pursuant to Federal Rules of Bankruptcy Rule -IOOI(a)tl), 901-1 and 7055. Section 362 (e) of the Bankruptcy Code specifies that THIRTY (30) days after a motion to terminate the automatic stay is filed with the Court, the stay is terminated unless the court orders such stay continued in effect pending conclusion of. or a result of. a final hearing. Due to the procedure setlorth above, preliminary hearings shall not be held, unless requested by movant. Furthermore. due to the scheduling conflicts and administrative considerations, the date set for a tinal hearing may not, in every case fall within the SIXTY day time period set forth in the II U,S.C. Section 362(e), Accordingly. IT IS FURTHER ORDERED thatthe movant shall have TEN (10) days from the date of this Order to object to the continuance of the stay until the date set lor the final hearing. Absent objection. the movant's right to strict compliance with the time periods set forth will be considered WAIVED, BY THE COURT: 4?~..Jt-- '?Y~ ROBERT J. WOODSIDE CHIEF BA.l"JKRUPTCY JUDGE >- \0 ~ ~ c I~ M :::I:;:; :r:: 8~ ~ Q.. ~~ l?: N o. I ::!:;:..: o:W Q: ffiaJ iE - ma. :II: ~ 15 c :::I C U ~ -. ~~ M Q N ~~ x: u?; a.. ::;;; "f-; OS:! 0-- 2':;0 In 3! oc ~o. I" Q: rr: O:jf oct ~ z: ....a.. IL <::) ~ 0 <::) "0-,. " . >- ~ ~ (") z .. J:;!; sQ ~ 8~ <3 :!:: ib Cl.. a==" In ~5~ cr. ,2 u. ffid5 ~l! a:: "'" lOa. ~.. ~ 5 ~ 0 0 u ,..... = = ... .!! 'S Zen :s IiN 1Il"= -- ::e..'" e....- ...< ~'Ec. z" . <U,!! :ECo[ ~C_ ....... lIle.." CO" ~= 1Il;>.c "'I-e.. t " .. . C ~ u "il" .. .. C E"~ ""... Z<O ! \ I I , ~.: )']." J! ' , ~ ...... .' .... : -. \ .. ,- -" .' . :.' f' r... .' , I, ", . , -, 1"_ '~Lr--' ",:<;" ~Q',\ " ..0' " . . ....o' It /:... I,;..,.. \ . .' :;~~:<~it;S:,~-;},}. :.' 'i . ,~~j 1 -~l r ...' '>"O'<i '/ I . .....~~, ," . ~:....'. I I , ~ ~ .. ~ c ::I '> c.: 0 j III U ~ C ~ 0 Z ~ I < < > ..:l ~ a: I ~ 0 III II = .. i en Ji- '0 - :E I '0 ..:l It < ..:l B!;; H > E 0 :: C "'Ill ..~ 0 e.. .... <.... Oc.: ~ U C 11'I 011'I ~Ii; ~ f::~N N a:~ z .... '0 < - ~1Il - oc.:,., Oloo li !30~ < :: ~ ~ c.:c.:oo c.: e.. <> i=~- :s>= ~ UZ~ III t5 e..O t5 0.... '" c.:~:E ~ ::Ic.: IIlZ;: ~ ~~ ~ c.: ut:l a: 0_ . < ::I ::I c.:<e.. I-c.:~ > = u> = u:: . ~ ==0 oc.: ~~ '0 o III 0 ..; en ~ei en _::1Il o~ '0 Z Z ~I-..:l r;l < :E:E= c... III III c.:!!l .llll ~ c<c.: e.. <:: Co k; !ill . >'" :EO..:l ~ c.:1Il< go e.. zU e.. z ;> OZIIl :c III 11'I :c oz~ ~ H z ",oc ",Ii en 1-= en c::!u "'''' .ll e . z u J u ~ oJ;' ~1 - M M .. VI ... .... = - M M .. VI ':J ~ .. '" - - tu :J "'.. .. ~ en ~ ('; ~0 .. 7- N ::J._ U ~." :c "? +~ " .,., u.. ::~ ~~. ,",:)-" . , 'il ."T '/ . "/'\f) I:U~ I :;l?: _l c:~I. ~ .ijz :1- ...:: ;:1bLl 1-' :r: - - U-. co ..~:.: 0 =) 0 (J J '" ~ " ~ "1 , ., J c.." ~ ~~ jf ~ . ' .../1 <:;1': ~ It) tsP <5 i";,:-' ::i 6f: fl!i.;;~ ~ ::E v - c5 0 o f: .!~ \_'J;'~ '....:~ :;. ~ ::-) ;:j ~.'.Jt.:) )-" ,:?jt~ :JlcJ: ~,_.. :5 u (~~ - 0002 g &' AI1W ' - r~) ," ,:) ..:1 ." ^' 'T- , -, 'I " ~ ~ .,., I -'i- 0 ) '"1 " >";1 " '{7J ~.: " " - -.J . 'C) ~-! ,r., , :71 _... :'1 '.1 .... ~o -<. .-l -< ... ,.... .,. b' c'; '; .l 1_, r: I .~. L'" , , ( ), " . , ..~ 1:, \;. i (~ , ?'~ ,', ('"l ~ ~ c . ~~:}. , I I ,.. . ... ,", n . .I 1..' ~., U MlIV .~ FEDERMAN AND PHELAN bYI Lisa D, Blankenburg, Esquire Atty. I.D. No. 78020 Two Penn Center Plaza, Suite 900 Philadelphia, PA 19102-1799 12151 563-7000 ATTORNEY FOR PLAINTIFF CAPTBAD. INC. CUMBBRLAND COUNTY COURT OF COMMON PLBAS VB. PBGGY D, FBLIX. A/K/A PBGGY D. WBNDDON STBPNBN F, SWBNSSON CIVIL DIVISION NO. 97.2921 BRIBF OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO RBASSBSS DAMAGBS I. BACKGROUND OF CASB Plaintiff and Defendant (s) entered into a Promissory Note and Mortgage Agreement, wherein Defendant (s) agreed to pay Plaintiff principal, interest, late charges, real estate taxes, hazard insurance premiums and mortgage insurance premiums as said monies became due. In turn, Plaintiff's Note was secured by a mortgage on the subject premises. The Mortgage Agreement indicates that in the event Defendant(s) defaults, Plaintiff may pay any necessary obligations in order to protect its collateral, the subject premises. In the case sub iudicia, Defendant (s) failed to abide by the Mortgage Agreement by failing to tender numerous, promised monthly mortgage payments. Accordingly, after Plaintiff determined that Defendant (s) were not going to cure the default and bring the loan current, Plaintiff commenced a Mortgage Foreclosure Action. Judgment was subsequently entered by the Court, and the subject property is scheduled for Sheriff's Sale, Because of the excessive period of time between the initiation of the Mortgage Foreclosure Action, the entry of Judgment and the Sheriff's Sale date. damages as previously assessed by the Court are outdated and must be increased to include current interest, real estate taxes, insurance premiums, and other expenses which Plaintiff has been obligated to pay under the Mortgage Agreement in order to protect its interest. II. ARGtlMBNT FOR RBASSBSSMENT OF DAMAGBS The Pennsylvania Rules of Civil Procedure are silent with respect to the issue of Reassessment of Damages; however, Rule 1037 provides, "the Prothonotary shall assess damages for the amount which Plaintiff is entitled if it is a sum certain or which can be made certain by computation..." In the instant case, the amount to which Plaintiff is entitled is readily calculated by review of the Mortgage Agreement, which is of record, together with the complaint which specifically lists the items chargeable. Clearly, if Rule 1037 gives the Prothonotary the right to assess damages for the amount to which Plaintiff is entitled as set forth in the Complaint, the Court has similar power to reassess damages at a later date, In addition, Rule 1037(a) provides that the Court, on motion of a party, may enter an appropriate judgment against a party upon default or admission. If the Court has the power to enter judgment, it certainly has the power to do a lesser act, to wit, reassess damages. It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments Sec. 191. See also, Stephenson v. Butts, 187 Pa,Super 55, 59, 142 A.2d 319, 321 (1958); Chase Home Mort9~e Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super 1988) . In Chase Home Mortqa~, the Court stated that where a judgment has been assessed following defendant's failure to file a responsive pleading in a mortgage foreclosure action, a mortgagee ".. .could properly move the court to amend the judgment to add additional sums due by virtue if the mortgage's failure to comply with the terms of the mortgage agreement..." Id. at 24. Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. See Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971) . Plaintiff submits that if Plaintiff went to sale without reassessing damages, and if there was competitive bidding for the subject premises, Plaintiff would suffer irreparable harm in that it would not be able to recoup monies it paid to protect its interest. Conversely, a reassessment of damages will not be detrimental whatsoever to Defendant (s) as it imputes no personal liability. The Supreme Court of Pennsylvania found in the Landau v. Western Pa. Nat. Bank case that the debt owed on a mortgage changes and can be expected to change from day to day, because Western Pennsylvania must pay expenses for the property in order to protect its collateral. 445 Pa. 117, 282 A.2d 335 (1971). Because a mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. See Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Therefore, Plaintiff respectfully submits that if the enforcement of its rights are delayed by legal proceedings and enforcement of its judgment, and such delays require the mortgagee to expend additional sums pursuant to the Mortgage, then said expenses become part of the mortgagee's lien and should be included in said judgment. As the Court indicated in FNMA v. Jefferson, an unreported case a copy of which is attached hereto, since the charges enumerated in Plaintiff's Motion for Reassessment of Damages were incurred pursuant to the Mortgage Agreement, and the mortgage had not yet been paid, said charges should be included in Plaintiff's judgment amount. May Term, 1986, No. 2359 (CCP PHILA. 1986). III. CONCLUSION Plaintiff respectfully requests this Honorable Court grant its Petition to Reassess Damages. Plaintiff respectfully submits that it has acted in good faith in maintaining the property in accordance with the Mortgage, and in reliance on said instrument with the understanding that it would recover the monies it expended to protect its collateral. WHBREFORB, Plaintiff respectfully requests this Honorable Court to reassess the damages as set forth in the petition to Reassess am es. LISA D. BLAIIKBNllURG, BSQUIRE '- <'J ~ tr; 'c ;- ,-, c;; ::1 ~\J(] '-:l;<:l; t "\.#_ ::c 0;' ~.r' .;: t,:::"": (~ i:.1~ C]I:.~ ',"-- ; 'r; l,rl ..,.(n l.);" I ~IZ lu' (~1l E'" -. .- " I ;;:. fOC- " ..., :~ II. 0 ::J 0 0 u ., -. . .. ., ~ - It .' You may need an allomey 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 allomey.) YOU MAY STILL BE ABLE TO SAVE YOUR PROIIERTY AND YOU HAVE OTHER RIGHTS EVEN IFTHE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sherifrs 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 us 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) arc 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 gelling 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 ATfORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ...' ALL THOSE TWO CERTAIN tr:Icts of ground situate in Southampton Township, Cumberland Counr;, Pennsylvania, more fully bounded and described as follows: TR.-\CT NO.1: BEGINNING at the railroad spike in the centerline of Township Road 302 at corner of Lot No. 16 aml the land herein conveyed; thence by the centerline of the said Township Road 302, North thirty-six (36) degrees eight (08) minutes West, one hundred fifty (150) feet to a railroad spike at the Northwest corner of Lot No. 17; thence by land now or formerly of Floyd J. Varner and Phyllis D, Varner, his wife, North fifty-three (53) degrees fifty.two (52) minutes East, two hundred twenty. five (225) feet to an iron pin: thence by land now or formerly of Varner, Soutil thirty-si.'t (36) degrees eight (08) minutes East one hundred fifty (150) feet to an iron pin at corner of Lot No. 16; thence by Lot No. 16, Soutil fifty-three (53) degrees fifty.two (52) minutes West, two hundred twenty-five (225) feet to a railroad spike in the centerline of Township Road 302, the place of beginning. BEING Lot No. 17 in Plan of Lots of Carl D. Bert, R.S., made January 9, 1975, for Floyd 1. Varner, and recorded in Cumberland County Plan Book 26, at Page 137. TR.-\CT NO, 2: BEGINNING at a railroad spike set in the center of Township Route 302 on corner or lands now or fonnerly of Floyd J. Varner and Phyllis D, Varner, his wife; thence by said lands now or formerly of Varner, North fifty-three (53) degrees fifty-two (52) minutes zero (00) seconds East, two hundred twenty.five (225) feet to a set iron pin; thence by the S3Jlle, South thirty_ two (32) degrees forcy.five (45) minutes zero (00) seconds East, fifty and sixty.five hundredths (50.65) feet to a set iron pin at corner of Tract No, 1 above: thence by said Tractl'l'O. I, Soutil fifty- three (53) degrees fifty-two (52) minutes zero (00) seconds West, two hundred twenty-five (225) feet [0 an existing railroad spike set in tile centerline of Township Route 302; tilence by tile centerline of said roadway, South thirty. two (32) degrees forcy-five (45) minutes zero (00) seconds East, fifty and sixty. five hundtedths (50.65) feet to a set railroad spike, the place of beginning. CONTAINING a total lot area of.2612 acres and known as Lot No. 17A as per subdivision draft prepared by John R. Kissinger, R.S., dated February 27, 1984, and recorded in Cumberland County Plan Book 45, at Page 142. SUBJECT to dedicated right-of-way lines and building setback lines per the above.described subdivision draft. BOTH Tracts No, 1 and 2 above are subject to the additional restriction that neitiler tract may be sold as a separa[e lot (see Subdivision Plan prepared by John R. Kissinger, R.S., dated February 27, 1984, as recorded in Cumberland County Plan Book 45, at Page 142. BEING Ta.'t Parcel #39.14-0171.059. TITLE TO SAID PRE~rrSES IS VESTED IN Stephen F. Swensson and Peggy D. Swensson, his wife, by Deed from Stephen F, Swensson and Peggy D, Swensson, formerly known as Peggy D. Felix. dated 6/30/94 recorded 7/7/94 in Deed Book 108 page 109, ..'~. . .. ' ,- . ",,;:S Z 0 ~ ~~ 00 Z Zz 0 0 III 0 - =:.... 1Il..:l Q ~CIl (-0 1Il:!l ..:1>- III CIlZ ;:l C.CIl ~ . III U >.... 1i ZZ Q~ 1Il~ 0- OZ >-00 )< ~ =:=: ~ 0 :;~ 0 t) III = t) ~ .. .( t)~ "" ~ ~~ en 8~ :i! IIlz OU .. :5 (-0 ~ .c 0 C.1Il ~ 0 U .; ~lE Ql~ III = N ",,;:l Z ;. =00 s I 00 - <~ ~~ t.JZ l!! !:2~ ~ " 01 lTl~ .. ~ >('00 ODII -c. go ",,'g -- r:>. ;:lZ III - == e 0< (-0 ..:I Ill:;: III 00 .. u;l 00 c.-- ~ c. "" - III III < Q U l:l === U III ii l:! (-0:;: >- ~ "0 t) "0 Z;:l t) c. ii: <( -t.J III c. . ALr~THOSE TWO CERTAIN tr:Icts of ground situate in Southampton Township, Cumberland COUnrj. PellIlSylv:mia, more fully bounded and described as follows: TRACT NO. I: BEGINNING at the railroad spike in the centerline ofTownship Road 302 at comer of Lot No. 16 anll the land herein conveyed; thence by the centerline of the said Township Road 302, North thirty-si:( (36) degrees eight (08) minutes West, one hundred fifty (ISO) feet to a railroad spike at the Northwest comer of Lot No. 17; thence by land now or formerly of Floyd J. Varner and Phyllis D. Varner, his wife, North fifty-three (53) degrees fifty-two (52) minutes East, two hundred twenrj-five (225) feet to an iron pin; thence by land now or formerly of Varner. South thirty-si."C (36) degrees eight (08) minutes East one hundred fifty (150) feet to an iron pin at comer of Lot No. 16; thence by Lot No. 16. South fifty-three (53) degrees fifty-two (52) minutes West, two hundred twenty.five (225) feet to a railroad spike in the centerline of Township Road 302, the place of beginning. BEING Lot No. 17 in Plan of Lots of Carl D. Bert. R.S., made January 9, 1975, for Floyd J. Varner, and recorded in Cumberland County Plan Book 26, at Page 137. TRACT NO.2: BEGINNING at a railroad spike set in the center of Township Route 302 on comer of lands now or formerly of Floyd J. Varner and Phyllis D. Varner, his wife; thence by said lands now or formerly of Varner, North fifty-three '(53) degrees fifty-two (52) minutes zero (00) seconds East, two hundred twenty-five (225) feet to a set iron pin; thence by the same, South thirty_ . . ,. , two (32) degrees forry-five (45) mifi'utes 'Zero (00) seco,nds' East, fifty and si.'tt'j-five hundredths , (50.65) feet to a set iron pin at comer of Tract No.: I above; thence by said TraCI1~O. I, South fifty: three (53) degrees fifty-two (52) miilutes,zero (00) seconds West, two hundred twenty-five (225) feet to an existing railroad spike set in the centerline of Township Route 302; thence by the centerline of said roadway, South thirty-two (32) degrees forry-five (45) minutes zero (00) seconds East, fifty and si."Cty-five hundredths (50.65) feet to a set railroaq spike, the place of beginning. . . . . CONTAINING a tow lot area of.2612 aCres and known as Lot No. 17A as per subdivision draft prepared by John R. Kissinger. R.S., dated Februarj.27, i98~, and recorded in Cumberland County Plan Book 45, at Page 142. SUBJECT to dedicated right-of-way lines and building setback lines per the above-described subdivision draft. BOTH Tracts No. I and 2 above are subject to the additional resniction that neither cract may be sold as a separate lot (see Subdivision Plan prepared by John R. Kissinger, R.S.. dated February 27. 1984, as recorded in Cumberland County Plan Book 45, at Page 142. BEING T3.."C Parcel #39-14-0171-059. TITLE TO SAID PREMISES rs VESTED IN Stephen F. Swensson and Peggy D. Swensson. his wife. by Deed from Stephen F. Swensson and Peggy D, Swensson. formerly k:1own as Peggy D. Feli.~. dated 6/30/94 recorded 717194 in Deed Book 108 page 109. ....~... . p ~~ ... 4" ... .. ~ .. - ... w ... ... ... ... ... -it r-. ~ iJ ~ ... ... ... ... .:; ~ .. .. . ~~ .. .. ... -" \R \9 ...~.. 9 5.,- i::-, l.)~; &'~ lU ~. 1~):~: I c'': .._4 .~~ c.-. '-~: "4" I I , ... ~ ',)., -.- .() 0 .., -., C.l) r-t 8 ~ ~tl 8 8 0 ~~ '.'.1;':": c.. - ":~Q () Q () () -- ~J L . "" -.. ;J)n. ~ 1'1)0;. . ttt.;c:. . n '_I:. -, ~ lJi 'bt ;::.;;.-) ....,; I"] " ~. ::J " rtI .... ()~ " .... rt> ~~~. 0 u "61- t'l,. ti .... ,.. 1-' ~ <r. .:1 ..... .. ~ ,- 0 -J p'.., l.');;,S UJ:-. q, ;;~ u~c ". (..~~ " f"}' -\7ijj . . ,..., 1--- :'i% '-.1 1:::= I :;.: 'lltLl :.&~ ;::. ;:~~ '.1.. .- -, .,- ." .' ::;) U 0 U . >- roo ~ Lr. .::1 ;::" .. ~)~~ , -0 lJJ ',_)'7 ~-) : "~):.? : . :t;: -' , ..~) ;:j , , ..-- . '''') , W I ';." ., '.. '. " ... S ,:itj) ;~{J.. -'J " l ::; -::> (.) You may need an allomey 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 allomey.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. [fthe Sherifrs 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. [fthe 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 gelling 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 ALA WYER 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 A VENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THOSE TWO CERTAIN [!'acts of ground situate in Southampton Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: TRACT NO.1: BEGINNING at the railroad spike in the centerline of Township Road 302 at comer of Lot No. 16 anI! the land herein conveyed; thence by the centerline of the said Township Road 302, North thirty-si.'t (36) degrees eight (08) minutes West, one hundred fifty (150) feet to a railroad spike at the Northwest comer of Lot No. 17; thence by land now or formerly of Floyd J. Varner and Phyllis D. Varner, his wife, North fifty-three (53) degrees fifty-two (52) minutes East, two hundred twenr/-five (225) feet to an iron pin; thence by land now or formerly of Varner, South thirty-si.'t (36) degrees eight (08) minutes East one hundred fifty (150) feet to an iron pin at comer of Lot No. 16; thence by Lot No. 16, South fifty-three (53) degrees fifty-two (52) minutes West, two hundred twenty-five (225) feet to a railroad spike in the centerline of Township Road 302, the place of beginning. BEING Lot No. 17 in Plan of Lots of Carl D. Bert, R.S., made January 9, 1975, for Floyd 1. Varner, and recorded in Cumberland County Plan Book 26, at Page 137. TR-\CT NO. 2: BEGINNING at a railroad spike set in the center of Township Route 302 on comer of lands now or formerly of Floyd J. Varner and Phyllis D. Varner, his wife; thence by said lands now or formerly of Varner, North fifty-three (53) degrees fifty-two (52) minutes zero (00) seconds East, two hundred twenty-five (225) feet to a set iron pin; thence by the same, South thirty_ two (32) degrees forty-five (45) minutes zero (00) seconds East, fifty and sixty-five hundredths (50.65) feet to a set iron pin at comer of Tract No. 1 above; thence by said Tracll'lO. I, South fifty_ three (53) degrees fifty-two (52) minutes zero (00) seconds West, two hundred twenty-five (225) feet to an existing railroad spike set in the centerline of Township Route 302; thence by the centerline of said roadway, South thirty-two (32) degrees forty-five (45) minutes zero (00) seconds East, fifty and si'tty-five hundredths (50.65) feet to a set railroad spike, the place of beginning, CONTAINING a tor.allot area of.2612 acres and known as Lot No. 17A as per subdivision draft prepared by 10hn R. Kissinger, R.S., dated February 27, 1984, and recorded in Cumberland County Plan Book 45, at Page 142. SUBJECT to dedicated right-of-way lines and building setback lines per the above-described subdivision draft. BOTH Tracts No. 1 and 2 above are subject to the additional restriction that neither [!'act may be sold as a separ:lte lot (see Subdivision Plan prepared by John R. Kissinger, R.S., dated February 27, 1984, as recorded in Cumberland County Plan Book 45, at Page 142. BEING T3..'t Parcel #39-14-0171-059. TITLE TO SAID PREMISES IS VESTED IN Stephen F. Swensson and Peggy D. Swensson, his wife, by Deed from Stephen F, Swensson and Peggy D, Swensson. formerly known as Peggy D. Feli.,,:, dated 6f30/94 recorded 7/7/94 in Deed Book 108 page 109, "".:.... >- ro. ~ c;; ..:l ~~ 0 ::J (~; ..-) <;; UJ .;-~ -- %... ~?;~:; .- ;:,)~~ !~- L~_, 0<.:: _.."l~ <-:;:" ."- ...., ':.., "en =:,:. ,~)Z :--::l. -,~. t~::..~ ~- '''hu -~ ~d .. ::'3 l~ . :5 () Cl U "\ ;0- r""' r;; C~ .:1 - t-.- 9 ~..;: ~-lF; ,_17.; ;':;'l.j." .,~ ,-.>i ,'" ,);;:; .... ..-~ (n ~Z '1.'7 =.i .ot\.u 'l.i. -'J ;.,? ::l , .:::J () OS/22101 11:03 FAX 215 682 19~0 GMACll . ((JRI' lII,FAI'LT Q~ckcl for Casc: II + GetCascNoO ... II (" + DktTY\lcExpillld(1lI11~DkITYI1C) +;; fft:(J raJ002 Page 1 of2 Bankruptcy Docket Report 1 00-02491 (Harrisburg) SWENSSON, STEPHEN F Mud SWEN'SSON, 'pEGGY D ~so l{?s/~7~ Docket items entered between Ol/01/1931nnd OS/14/Z001 FlIlull No.: Docket Entry Dale I I 06107/00 I i VOLUNT AR V rE11TIO~ undor Ch'Pllf 13, Main.\, aU Sehcdlllcs & Stal=ts, PIAn IIIId . Summ'l}' [IlOD 061071001lCA] 06123100 2 j CEIl.'I'U'ICA TI! ol'MalllnM orNOIlcc or 141 MerIWV. Objecrionllo the pllUl arc due IS days afu:r mfehng hald.IEOD OllJ2l/00) leA] 08111100 3 341 meeting htld, [llOLHIKI14/00] leA) 08128/00 4 ORDER ConllnninK l'l_n (1l01> oem/IMI] (Ie) 01117101 5 STlPULAnO~ V) I'MIIliS RE, llWSrtli'S INTF.NTTO FIT.oA MOTION TO DISMISS lRE~L'ESTED SIONI\'I1J11U 01' DJ;UTORS AND CONVERSION FEE) lEOD 01/17101] [Je] API' OVEn by Ibe CUIIII, (1~01) 01l171lll) [IC) 01/19101 6 Debtor', SUllmolll or Inlolllloll' IEOD 1I1/IUIOII [CG] 01/19101 7 MOTION 10 convo" nllln ell'flt! 1310 charier 7 FILED BY THE DEBTORS FEE PD. 515.00 #S65408.CG IDllpol.dJ 11i0l 1l1/IU/OII (lC] 01/19/01 18 ORDER 'OIl'CllisiMba~ICI IJ tuCbabla 7 Ra: 110m N 7. [EOD 01/19/01] IJC] ALL FURTIIER E I'R I~'i AilE US ER CHAPTER 7lEOD 01/19/01] [Ie] 01/19/01 9 ORDER dht(tln~ TluII.e 10 me Final Repotl;duc on 02120101 [EOO 01.'19/01] [Ie] ...- 02l0S/0 I ]0 CERTTI'lCATE 01' M"II.INO nrnollce or)~1 meelin~ (EOO 02l0~/OJ) [OS] 02120101 II ,Fr.-:Al REPORT orel, D T,1I\II. [ron 02/20/01) Pc] 03109/0 I 12 1341 mcctinu IIdd, (lion llJill9/01J [DS] 03/09/0 I D I'I:>AL REI'ORT ul Tlullec Ul ~<l Ami C... [EOD 03109/01] [OS] ..-.......-- ......-.~_. 03/15101 14 Am.admenllo Sch.dnl.(,) ..., I _lid I, FEE PO, REe# 567211, S20,00, Re, ]t~m# I. [EOD 03116/01) ICG] 0410910 I IS MOTION rOt IChlr (10111 silly CAPSTIiAD,I!\C. FEE PO, 575,00 #568292.KZ [Dispssed] [EOD 04109101)JJ~ ' CIlRTIfl ^ ; 01' NO~-CO~CURRE~CE I EOD 04/0910 I ][IC) 04/0910 I 16 ORDER Ibar DIlJWm "",du. sn 04130101 R., "C1II # 15, [EO)) 04109/01] [IC) 04116/01 17 CIlRTII'ICA Tn or'''''I<' Re: II.... U 16, lEOD 04/16/01] [IC] 05/07101 18 MOTION fOt dcfallllJudal1lClI1 Rt; llcl1l U IS. [Disposed] [EOD 05/07101] [BW] ( 05/07/01 19 ORDER &i'1Il1lll& dcl'aullJudamcnl Re; 11= H 18. [EOD 05/07tr1'i~~:; J ~ ORDER gtanlin~ lehernom llay Re: hem # IS. [EOD 05/07/0]] BW] 0.1108101 20 DlSmAROE oro.btorls) C'ciiimc.te orMalllng. [nOli OS/08/01] [JR] rllllleo: U)II~IUJ IU:>"~, .... .... \D\\'t1~ ...InPaccr?ExcCThl&-dockCI&pUld-00989850784&cnsc_no=2000_02491 &oflicc~ 1 &DkITypc-+ 5/14/01 .... >- r-. ~ cr; ~ .. 8~~' a ::.:J,... .~^) _:.., -- ~~ :r; < ' ::::: ~;-- >- ,O)=:" .' ':..'- C") <:~ (.1) ,-. );.:: " , .---~ ~.'- ~, ~11 U -~ DeL -, ~,;, (j ::; 0 u AFFIDAVIT OF SERVICE CAPSTEAD,INCORPORATED PEGGY D. FELIX, AIKIA PEGGY D, STEPHEN F. SWENSON SERVE PEGGY D. FELIX, AIKIA PEGGY D. SWENSON AT 115 CHERRY GROVE ROAD SHIPPENSBURG. PA 17157 PLAINTIFF CUMBERLAND COUNTY No.97-Z9ZI DEFENDANT(S) SWENSON Type of Action . Notice of Sherlrrs Sale Sale Dale: SEPTEMBER 5, ZOOI SERVED Ii \ ("" 't-lS'o"" tt. Served and made known to . J 'j t Q rl!. ',j i~ /1 :::>~"c. Defendant, on the ----.L.3.!: day of at 9~3tl,0'Clock-f,m.,al II S- C~'O:(-f.r G(~,V'~ ~.\... S'l.-'rrtr".\,,,.1:'J of Pennsylvania, in the maMer described below: X Defendant personally served, Adult family member with whom Defendant(s) reside(s), Relationship is Adult in charge of Defendant(s)'s residence who refused 10 give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s), Agent or person in charge of Defendant(s)'s office or usual place of business, an officer of said Defendant(s)'s company. "']:i... q, . 2001. . Commonwealth Other: -- ' J' C Description: Age:J ~ Height fl Weight ~ Race Jl:!.h Sex.L Other I, ..cJ;)1t~"'C'" l, C'iJrt..11 ~~ compelenladult. being duly swom according to law. depose and state thaI I personally handed a true .nd correct copy of the Notice of SheriIT's Sale in the manner as set fonh herein. issued in the caplioned case on the date and al the address indicaled abo,'e, Notarial Se'l swomtoands~s ibed StacyLHeelner, ryPullIlc &r- 9 ' ChInt>erIburg Boto COunty f) r I ~r~~.",,' ..--,,- t. 'oL- ~otary:l O~'J . i 0, ,oJ em 0'. By~n' 'j o I ~ NOT SERVED On I'.. .._._ ~ay of ,200_, at o'clock _,m,. Defendant NOT FOUND because: Moved Unknown No Answer Vacant Other: Sworn to and subs~rii;ed before me ,his __ day of , 200 _' Notary: By: Allornev for Plaintiff Frank Federman, Esquire - 1.0. No. 1Z24g One Penn Center Suburban Slatlon, Suite 1400 Phlladolphla, PA 19103 (215)563-7000 l I~=- I I I I I I ~,,7:R'i- ~ I~_ ../~V~'''''<~'''~~~~~--=? : .~ ~~11r41 == j;: '11~U.S.PDSi;;i]f-,: \'. .h ,I' .1; i.1 t. /: ~~... '" ',Pr. ..,*,'.~;' 0 75 ~ F - 600u6~1 . j{ : '.Q\~P~ ~ ., ,/' ~~t !';~ .,.' ., ("J I.. . I'TI -\ ili\\l/~ "-'~ '. ;'Y . .,;;.. f i ... - < c. Ii .. .c r: 0 :: -= '0 ~ .. ~- 0 Cl: ~I ~ " 8. M 'C ~~ :;::E 13 e- 010 Ie " liW l::::: 4l 0 C -~ o::>..J ~ Iol l~ ::=VJ III - Cl 8~ -'0 Il Cl rn~ OIl II. a: III " r ffi~-.:: ,-' E- s-e:;a; g Cl ::>.l3~ U J:J ,I, '" " LU ~ >'0 I .. J:rnal~ .. 0.- '" !f Illc~ ~ oS o~c<( 0 ~ - .8~ ~cd~o. .. 01 ' . '0 U !l" ~ U II. ,!!! ~ < zt cc~ - c: L: .e. ~ .. jj~ 01 0 01 " ~a: LUQ."",,)"C OOl....~ wc:.....c 1I.0~o. .8 0: !l z x J .. ::J ~ W &I. oA' '0 .. H c .. Ql ~ N M ~ It) Ul .... co '" 0 ~ N M ~ It) ~~ ....'1:1 .. ~ - ~ - - ~ Qll!!~ c E'I:I ::J ~Q. ~~o 8. ;1::1; CIl 0 c::':: GJ O::J-J ,- CIJ .(ij . -" C1J~ '" ffia;~ z.o-..... :5_::J1Xl ::JO~ W.gCOM :z: CIJ >-0 a.-ale;; "'1:_ C~I: ~~~~ ~ 8 u: ,~ cl:.s= c: J: .Q. D:CIl0Cll wa.-'''C ....'" 0(1),....:0= wcU)J: u.o~a. 'tI lii ;IIJ-c G) ~ c E ~ CIl 'tiC/) 2!~o ~ 1 ,.:............ T T I~ .. .. Ii .' u. 1'". () ",- ~ :;; . U' "- .....lJ' I . ie".. ./ .. '*'.1: .;, sq';" ,~~.# C9. . l ;-"I,Cp f ~~~ ~ ~~7 .t~-}~."" -~, ~ " .' v~"J';tI1'.... ~~ ,... t ';- .~- ~}i' It .....~. .'. - "\"fi. c.. ".t"I'" ~l ~'::o.:"',) 'P ":'ov"\\' ~\ I III ... - ... ... - ;; .-.: ... Co - ~ ... :: ... " ... 0Ci .., .,. .!! ~ v, 't: ... - .~ ... - .. "" ;: .. - ~ - .-.: ~ - III Co - ~ t5 0 .. .. = ... ... g:: iii .. ;:l .:.: " .-.: .. = = '-l .. '" .. 0 z c " ... '-l Q c .!! .: Co .-.: - ... ... 0 .!! - .c - = 1: .. "l " =: ~ z I z - :;: .-.: ... " 0 ~ a - C ~ g:: ... " !l ... .. i;j E_ .;; C E '-l - ~~ ~ " 1: .. "" " .. 0 .-.: li- B u Co g:: :.: ~~ "::l .. tJ Z -= C 0 c 0 J!!", .. .~ ;.. :',!,~ S ;: g:: r .. ;; g:: ~ U 0. .c ~ " E .:: :: u c .., 0.0: '" " ~ D ,.. u ;:: c ~ - v, " ~ 1= :.: ... in ~ D c - u I .S! " C .. .. =: .. Co 0 0._ 'il " .. '08 g:: .. ... 0 " ;: ... .8!.': ~ .~ c ~ - a " "" E '" :c E c c d " E E .. g:: E c '" " C ~ ~ U ~ z C 1~ ...0: .8 I I I a: ! I 5 z >< li " ::i ~ ~ " w CIl u.. 'O~ U B - N <"l -t III (0 .... IXl en 0 ~ N <"l -t III i.~ " ~ .. ~ ~ ~ ~ c .:; I I t-o. .... C"l ~ a; ..:t ;:''' J. a -J UJ~:! L..)~ <..) ~..' ;r. ~)~ --l -:: ,~ --: [~~ i') ~:: i ' .:1 ':'(1) " ' .....~ 'r:, ,... I ~_. . ;>.: :;.;,: '.I: ;:,- ~l i..LI " t,; '1";'1.. I ~ ..., L. ::; (J ~.. u - . Capstead, Incorporated VS Peggy D. Felix, alkla Peggy D. Swenson and Stephen F. Swenson In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 1997-2921 Civil Tenn Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states on July 02,2001 at 12:15 o'clock P.M., EDST, he served a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon one of the within named defendants, to wit: Peggy D. Felix, alk/a Peggy D. Swenson, by making known unto Peggy Felix at lIS Cherry Grove Road, Shippensburg, Cumberland County, Pennsylvania 17257 its contents, and at the same time handing to her personally the said true and attested copy of the same. Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states on July 02,2001 at 12:15 o'clock P.M., EDST, he served a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon one of the within namcd defendants, to wit: Stephen F. Swenson, by making known unto Peggy Felix at lIS Cherry Grove Road, Shippensburg, Cumberland County, Pennsylvania 17257 its contents, and at the same time handing to her personally the said true and attested copy of the same. Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states on July 02,2001 at 12:15 P.M., EDST, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action upon the property of Peggy D. Felix alk/a Peggy D. Swenson and Stephen F. Swenson, located at 115 Cherry Grove Road, Shippensburg, Cumberland County, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice, Poster and Description in the following manner: The Sheri ff mailed a pendency of the action by regular mail, to one of the within named defendants, to wit: Peggy D. Felix, alkla Peggy D. Swenson, at her last known address of lIS Cherry Grove Road, Shippensburg, PA 17257. This letter was mailed under the date of July 05,2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a pendency of the action by regular mail, to one of the within named defendants, to wit: Stephen F, Swenson, at his last known address of lIS Cherry Grove Road, Shippensburg, PA 17257. This letter was mailed under the date of July 05,2001 and returned to the SherifT's Office on 7/11/01 with reason checked "No Forward Order on File." R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a pendency of the action by regular mail, to one of the within named defendants, to wit: Stephen F. Swenson at his last known address of P.O. Box 526, Shippensburg, P A 17257. This letter was mailed under the date of July II, 2001 and never returned to the Sheriff's Office, 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. I. If the Sherifrs 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 gelling 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 A'ITORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THOSE TWO CERTAIN O":Icts of ground situate in Southampton Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: TRACT NO.1: BEGINNING at the railroad spike in the centerline of Township Road 302 at corner of Lot No. 16 anU the land l1erein conveyed; thence by the centerline of the said Township Road 302, Nottl1 thirty-si.'t (36) degrees eight (08) minutes West, one hundred fifty (150) feet to a railroad spike at the Notthwest corner of Lot No. 17; thence by land now or formerly of Floyd J. Varner and Phyllis D. Varner, his wife, North fifty-three (53) degrees fifty-two (52) minutes East, two hundred twenty-five (225) feet to an iron pin; thence by land now or fomerly of Varner, South thirty-si.'t (36) degrees eight (08) minutes East one hundred fifty (150) feet to an iron pin at corner of Lot No. 16; thence by Lot No. 16, South fifty-three (53) degrees fifty-two (52) minutes West, two hundred twenr/-five (225) feet to a railroad spike in the centerline of Township Road 302, the place of beginning. BEING Lot No. 17 in Plan of Lots of Carl D. Bert, R.S., made January 9, 1975, for Floyd 1. Varner, and recorded in Cumberland CounrJ Plan Book 26, at Page 137. TRACT NO.2: BEGINNING at a railroad spike set in the center of Township Route 302 on corner of lands now or formerly of Floyd J, Varner and Phyllis D, Varner, his wife; thence by said lands now or formerly of Varner, Notth fifty-three (53) degrees fifty-two (52) minutes zero (00) seconds East, two hundred twenty-five (225) feet to a set iron pin; thence by the same, South thirty- two (32) degrees forey-five (45) minutes zero (00) seconds East, fifty and si.'(ty-five hundredths (50.65) feet co a set iron pin at corner of Tract No.1 above; thence by said TraclNO. I, South fifty- three (53) degrees fifty-two (52) minutes zero (00) seconds West, two hundred twenty-five (225) feet to an e:tisting railroad spike set in the centerline of Township Route 302; thence by the centerline of said roadway, South thirty-two (32) degrees forey-five (45) minuces zero (00) seconds East, fifty and sixty-five hundredths (50.65) feet to a set r:U1road spike, the place of beginning. CONTAINING a cotallot area of.2612 acres and known as Lot No. 17A as per subdivision draft prepared by John R. Kissinger, R.S., dated February 27, 1984, and recorded in Cumberland County Plan Book 45, at Page 142. SUBJECT to dedicaced right-of-way lines and building setback lines per the above-described subdivision draft. BOTH Tracts No. 1 and 2 above are subject to the additional restriction that neither tract may be sold as a separace lot (see Subdivision Plan prepared by John R. Kissinger, R.S" daced February 27, 1984, as recorded in Cumberland County Plan Book 45, at Page 142. BEING Ta.'t Parcel #39-14-0171-059. TITLE TO SAID PREMISES IS VESTED IN Stephen F. Swensson and Peggy D. Swensson, his wife, by Deed from Scepl1en F. Swensson and Peggy D, Swensson, formerly known as Peggy D. FelL'\:, dated 6/30/94 recorded 7/7/94 in Deed Book 108 page 109, ~..:'" ~ . . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Undor Act No. 587, Approvod May 16,1929 Commonweallh 01 Ponnsylvanlo, Counly 01 Dauphin) ss James L. Clark being duly sworn according to law, deposes and says: That he Is the Acounls Recolvable Monagor of The Patriot News Co" a corpora lion organized and exlsllng 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 Ih.ll Patrlol-News and The Sundav Palrlot.News newspapers of gonerol clrculallon, printed and published at 812 to 818 Market Street, In the City, County and Stote aforesaid; that The Palrlot.News and The Sunday Petrlot.News were established March 4th, 1854, end Seplembor 18th, 1949, respecllvely, and all hove beon conllnuously published ever since; That the printed nollce or publlcallon which Is socurely allachod hereto Is exoclly as printed and published In their regular dolly and/or Sundoy/ Molro edlllons which appeared on the 241h and 31st day(s) of July and the 7th day(s) of August 2001. That neither he nor said Company Is IlIterested In the subject mallor of said printed nollce or advertising, and that all of the ollegallons of this statement as to the limo, place ond character of publlcallon are truo; ond Thol he has personal knowlodge of the facts alorosald and Is duly authorized and ompowered to verify this statoment on behalf of The Patrlot.Naws Co, aforesold by virtue ond pursuant to a resolullon unanimously passed and odopted severally by the stockholders ond board of dlroctors 01 the said Company ond subsoquenlly duly recorded In the office for the Recording of Deeds In and for said County of{jau hln,ln Mlscollaneous Book "M', Volume 14, Page 317. / C, PUBLICA lION .......".,.....",..,...?'J."...,.'l...,........,....,.....,......................,.....,...... COpy s' S ALE 1142 Nollrlll SII' ,'/ Tell\' L, A....... NOllry PIIOII(; H.nI....rg. o.upNn Oouruy REA1. ESTATE BALE No. 4Z W!tI No.11174llZ1 ClvllTerm tiP It d.lnc. va , ,v.ggy Do felix, , Nf(/" v.ggy D.__ ~. SWIllIOI'l FtdtmIIn' ALL THOS lWO ::IN 'ltXU .r ground ..i1uate In Soulhlmpcon Township. C'umbntlnd Coumy. PmR~yIYanl.. more lully Ioounclcd and dn<rih<d Ii rollow<: TRACT NO, I: 8f.OINNINO Illhe railro.ad ",i.. In the _Ine of T...noJllp Road JO:! II """" of Lot No. I b and lhe I,nd hati" COQW')'Cd: lhtnce by the centerline: of the ..Id T"""ll1ip Road 302. Nonh Ihill\" ~l C.l61 ~ ei,M (OKt minule' Wt.\t. one hllndnlil fillY lISOI r... 10 I railro.ad ...' .. ..ubllsher's Receipt for Advertising Cost The Potrlot News Co" publisher of The Palrlol-News and The Sundav Patrlol,News, newspapers of ganaral clrculallon, hereby acknowledgo receipt 01 the aforesaid nollce and publica lion costs and certifies that tha same have beon duly paid. I I I 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 publlcotlon ollached hereto on the above slatad dates Proballng same Notary Fee(s) Total $ $ $ 401.52 1.50 403.02 By.................................................................... 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 Jouma], 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 officiallega] periodical for the publication of alllega] 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: JULY 20, 27, AUGUST 3, 2001 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journa], a legal periodical of general circulation, and that he is not interested in the subject matter ofthe aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTA'm IIALB NO. 42 Writ No, 1097,2921 Civil Capslcnd. Incorporated vs, PeAA\' D. ~-ellx, nlkln Peggy D. Swenson and Stephen .... Swenson Ally,: ~'mnk ~'edenluUl ALl.lll0SE lWO CERTAIN Imels of ground situate In Southampton Township. Cumberland Counl}'. Pennsylvania. more fully bounded and described as follows: lltACT NO. I: IJEGlNNING III Ihe rollroml spike In the centerline of Township Hom! 302 at comer of 1.01 No. 10 and the L1Ud herrin ('OuVt'Yl'(J: Ihf'ucr. by thr ttnlerllne of the! mild Township Hand 302. North Ihlrty- six (30) degrees elghl lOll) IIIlnlll<'s West, 0111: hundred Ony (lno) (C(.t to n nlllroad spike at Ihl' Northwcst comer of LoI No. 17; thrJ)(~ hy land now or formerly of Floyd J. Varner And Phyllis I), Vam.r. 1010 wife. North nny,lhn'C (53) dClln'Co nny,(WO 1521 /j;&YtAA--- Rog M. Morgenlhal, Editor SWORN TO AND SUBSCRIBED before me this 3 day of AUGUST. 200] , NOTARIAL ry LOIS E. SNYDER, Notary NllJc c.tsIe Boro, CI.lree.lIo III ColIlty My CoiMliIIbI ElIpirM 1oIWl5, 2005 REAL ESTATI!: SALE NO. U r 7vYJAA-- RogJr M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 3 day of AUGUST. 2001 Wrll Nu, lU!J7-2U21 Civil Cupstl.UtI. 111l''CJrpUrlltc.tl v., I"'AAY D, 1'c11x. IIlklll PclUtV D. SWCIUWII utili Stephen I'" S~nK()n ^uy.: ".nmk l"cclrnluUI ^IJ,111rnm 1WO ClmTo\IN Imcla of gnnlllll !llt'Ulle 1.1 SollllU1IIIJllun TOWllshll). Clllllhcrlulld County. l'runaylvnnln. more fully hounded nud dClcrllx-d 118 follow": 11lACT NO. I: 1l~:llINNINO III Ihe mlll'Olld al'lkr. III Ihe ,""lcrllle of Townahlp Iltlllll 3112 III rOnler of 1.01 No, III IIl1d Ihe ~1I.1 helTllI rollvrynl: thence by the ccnterllne of the laid Townohlp 1I0ml 302. Norlh Ihlrly, alx 13U) degreea eltlhl (OIl) 1II111111ea Weal. Olle hlllldrnl nny (I0111 fer. I 10 II mllroml llllke nl Ihe Northwrol romer of 1.01 No. 17: Ihrll('O hy 10lld nOW or formrrly of "'uyll J. Varner IIJ1lII'hyllla1>. Vllr"..... hla Wlfr. North nny'lh"'" 1G:II deil""o nny,lw" IG21 mlnutel fo:ml'. Iwo Inmdn"tllwrnly. nve (22fi) frello 1111 lrollplll: Ihrllce by luud noW or formrrly of Vnrllcr. Solllh Ihlrly,alx (311) drllrer. elghl (08ll1dllulea ~:lIal olle 1110111...,1 nny (100) feci 10 Ill1lroll 1'111111 ronler of LoI No. 10: Ihence hy l.ot No. Ill, Solllh nny.lhrrc (G:11 degrrcl nny. two 152) minute" Weat. two hundred twellly.nve (220) feel 10 II mlll'Olld aplke In Ihe celllerllne of Townahlp Road 302. Ihe plllce of bellllllllllg, 1l~:INO Lot No, 17 III 1'11111 orLoll of enrl D. Ikrt. ItS.. I..,de Jllnllm}' O. 1070. for ~1oyd J, Vllrller. nlld "'- rorood In Cnmbcrlnnd Counly Plnn Ilook 20. nl I'nge 137. 'rnACT NO. 2: 1l~:OINNINQ nl n , railroad Iplke oet In Ihe center of I 'I Townahlp Roule 302 on comer of Iandl now or formerly of Floyd J, I Vnrner nnd Phyllis D, Vnrner. hll I wife: thence by said Innds now or j forrnc:rly of Vnrner. North OCly,thrrc , (53) degrees ony'lwo (02) mlnulel i zero (OOloetXlnda Enll. lwo hundred i twenly,nve (225) feci 10 n ocl lroll , pin: then"" by the lame. South Ihlrty. , two (32) degreea forty-nve 1451 nUll' ulea zero (00) leeolldl Enll. Ony nnd Ilxty,Ove hundredthl 100,00) : feet to a set Iron pin at conler of i Ttnel No, 1 nhove: thence hy anld i Ttncl No. I. Soulh nOy,lhree (53) ; degrees firty-two (52) minutes 7.ero I (00) seconds West. two hundred , twenty-nve 12251 fcelto un CJdsllng I rallrond Iplke ocl In Ihe renlerllnr. i of Townlhlp ROllle 302: thence hy I the centerline of sold roadway. I Soulh thlrty'lwo 132) degreel forly' I five (45) minutes ~ro (00) secouds Enol. nOy und lixty.nve hundredlhl I (00.00) frel 10 n IICt mllrond Iplke. ; Ihe plnce of beginning, . CONTo\ININO a lolnl 101 nrea of 1 .26) 2 acres and known ns Lot No. , 17^ nl per lul.llvlsloll dmn pre. JIlIrnl by John II. KIssinger. II,S.. dllted I'ebnlllry 27. 1984. nnd "'. corded In Cumberland COllnly Plnn , Ilook 45. nl I'nge 142. ; SUIlJECT 10 dedlrnlrd rtghl,of, ~ WRy IInCl WId building oethuek lines I' pcr Ihe nhovc-desertbcd lulxllvlsloll dmO. rom Ttneta No. I und 2 nhove j nrc sub)eello the addlllonnl",slrte, I lion lhul nellher Imct lMy be 80Id j' ns a ocJlllmle lot (see Sulxllvlslon Plnn prepnrrtl by John II. KIssinger. j II.S.. dnted Fehnlllry 27. 1984. nl recorded In Cumberland County I'Ian Ilook 45. al I'nge 142, IlEINO Tnx I'nrcrl '30.14,0171- 059. TInE TO SAID PREMISES IS VESTED IN Slephen F. Swenl80n and Prggy D. SwenllOn. hll wUe. by Dcrd frolll Slephen F. Swenuon and JTggy D. Swcnsson. (onnerly known l\Jl PrAAY D, Felix. dnlnl 61 30/04 recorded 717/04 In Deed Ilook 108 JIlIge 109. NOTARIAIJ rY LOIS E. SNYDeR. NolIry Nllle c.we 1lonJ, CIriollri CcxIlIy ..., ~,l:JipkIIlolIRh 5,2005 L