HomeMy WebLinkAbout00-05376
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court.
Principal Residential Mortgage, Inc.
711 High Street
Des Moines, IA 50392
vs,
James B, Swett, JI.
Amy L. Swett
1264 Hillside Drive
Mechanicsburg, P A 17055
(Plaintifi)
(Defendant)
No.00-5376 Civil Division 2000
1. State matter to be argued (i.e" plaintiffs motion for new trial, defendant's demurrer
to complaint, etc.): Plaintiff's Motion for Summary Judgment
2, IdentifY counsel who will argue case:
(a)
for plaintiff:
Address:
(b)
for defendant:
Address:
Michele M. Bradford
Federman and Phelan, L.L.P,
Two Penn Center Plaza, Suite 900
Philadelphia, PA 19102
Steven C, Courtney, Esquire
3211 North Front Street
P.O, Box 5300
Harrisburg, PA 17110
3, I will notify all parties in writing within two days that this case has been listed for
argument,
4. ., ~r;t(\nt Court Date:
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FEDERMAN AND PHELAN
By: MICHELE M. BRADFORD, ESQUIRE
Identification No. 69849
Two Peml Center Plaza, Suite 900
Philadelphia, PA 19102
(21';) 'i61- 7000
Attorney for Plaintiff
Principal Residential Mortgage, Inc.
711 High Street
Des Moilles, IA 50392
: Court of Common Pleas
Plaintiff
: Civil Division
: Cumberland County
vs.
: No. 00-5376
James B. Swett, Jr.
Amy L. Swett
1264 H:illside Drive
Mechanicsburg, P A 17055
Defendants
C.F.RTIFTC.ATION OF SF,RVTCE
I hereby certify that a true and correct copy of the foregoing Plaintiff s Motion for Swnmary
Judgment, Brief in Support thereof, and Praecipe for Argument were served by regular mail on Defendants'
counsel on the date listed below:
Steven C. Courtney, Esquire
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110
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, radfor
for Plaintiff
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FEDERMAN AND PHELAN
By: FRANK FEDERMAN, ESQUIRE
IDENTIFICATION NO, 12248
TWO PENN CENTER PLAZA, SUITE 900
PHILADELPHIA, PA 19102
(215) 563-7000
PRINCIPAL RESIDENTIAL MORTGAGE, INC,
711 HlGH STREET
DES MOINES, IA 50392
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
Plaintiff
NO.DO - S.376
OVLCT~
v,
CUMBERLAND COUNTY
JAMES B, SWETT, JR,
AMYL. SWETT
1264 HILLSIDE DRIVE
MECHANICSBURG, PA 17055
Defendant(s)
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
NOTICE
..TillS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY
RECEIVED A DISCHARGE IN BANKRUPTCY AND TillS DEBT WAS NOT REAFFIRMED, THIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT
A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY, ..
You have been sued in Court, If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this Complaint and Notice are served,
by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you, You are warned that if you fail to
do so the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THlS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
CUMBERLAND COUNTY
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
Loan #: 10625622
I r
1. Plaintiff is
PRINCIPAL RESIDENTIAL MORTGAGE, INC,
711 HIGH STREET
DES MOINES, IA 50392
2, The name(s) and last known address(es) of the Defendant(s) are:
JAMES B. SWETT, JR.
AMY L. SWETT
1264 HILLSIDE DRIVE
MECHANICSBURG, PA 17055
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described,
3, On 3/11/96 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to BROADVIEW MORTGAGE COMPANY which mortgage is
recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book
No. 1309, Page 444, By Assignment of Mortgage recorded 4/22/96 the mortgage was
assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book
No, 518, Page 508,
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 3/1/00 and each month thereafter are due and unpaid, and by the terms of
said mortgage, upon failure of mortgagor to make such payments after a date specified by
written notice sent to Mortgagor, the entire principal balance and all interest due thereon
are collectible forthwith, A copy of such notice is attached as Exhibit "A."
6, The following amounts are due on the mortgage:
Principal Balance
Interest
2/1/00 through 8/1/00
(Per Diem $22,74)
Attorney's Fees
Cumulative Late Charges
3/11/96 to 8/1/00
Cost of Suit and Title Search
Subtotal
$118,559,12
4,161.42
4,000.00
164,85
750,00
127,635.39
Escrow
Credit
Deficit
Subtotal
831.13
0,00
831.13
TOTAL
$126,804.26
7, The attorney's fees set forth above are in conformity with the Mortgage documents and
Pennsylvania Law, and will be collected in the event of a third party purchaser at
Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees
will be charged,
8, This action does not come under Act 6 of 1974 because the original mortgage amount
exceeds $50,000,
9, The Combined Notice has been sent to the Defendant(s) by regular and certified mail as
required by 35 P,S. ~1680.403c on the date(s) set forth in the true and correct copy of
such notice(s) attached hereto as Exhibit "A,"
10, The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance
Program, Act 91 of 1983, has terminated because either:
(I.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit
Counseling Agency in accordance with Plaintiff's written Notice to Defendants,
a true and correct copy of which is attached hereto as Exhibit "A"; or
(iL) Defendant(s) application for assistance has been rejected by the Pennsylvania
Housing Finance Agency,
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of
$126,804.26, together with interest from 8/1/00 at the rate of$22,74 per diem to the date of
Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and
sale of the mortgaged property,
:r~~
/s/ Frank Federman
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
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- 136259,OOl:MELlSSA SELLERS: Imago 9 of 16
'Residential
MDrtgage, Inc.
A Company 'Jf the PrincipsI
RnMlcial ~up
Principal Residential Mortgage. Inc, Plan Ahead. Get Ahead,-
June 8, 2000
James B, Swift
1264 Hillside Drive
Mechanicsburg, PA 17055
RE: James B. & Amy L. Swift
1264 Hillside Drive
Mechanicsburg. PA 17055
Loan Number 1062562-2
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the mOrUr.l1l!e on vour home is in default. and the lender
intends to foreclose, Soecific information about the nature of the default is provided in
the attached oa!!.es,
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be
able to helD to save your home. This notice exolains how the pro!!.ram works.
To see ifHEMAP can helo. you must MEET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take
this Notice with vou when YOU meet with the Counselin!!: AgencV,
The name. address and chane number of Consumer Credit Counselin!!: A!!:encies servin!!.
vour County are listed at the end of this notice. If YOU haye'anY auestions. vou mav call
the Pennsylvania HODsin!!: Finance Agency toll free at 1-800-342-2397, (Persons with
impaired hearing can can (717) 780-1869,
E'JS\\6\1 ,,~
Des Moines. Iowa 50392-0780
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- 136259:001:MELISSA SELLERS : Ima~e 1 of 16
Residential
Mortgage, Ine.
A Comp'fTYof die Principii
finroo./ _.
June 8, 2000
Principal Residential Mongage. Inc, Plan Ahead, Get Mead.-
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
Amy L, Swift
1264 Hillside Drive
Mechanicsburg, PA 17055
RE: James B. & Amy L. Swift
1264 Hillside Drive
Mechanicsburg, PA 17055
Loan Number 1062562-2
This is an official notice that the mortl!age on your home is in default. and the lender
intends to foreclose. SDecific information about the nature of the default is Droyided in
the attached oages,
.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM mEMAP) mav be
able to helD to save your home. This notice eXDlains how the Drol!I1lII1 works,
To see ifHEMAP can helD, vou must MEET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take
this Notice with YOU when vou meet with the Counselinl! Agencv,
The name. address and ohone number of Consumer Credit Counselinl! Al!encies serving
your County are listed at the end of this notice, If vou have anv auestions. vou may call
the Pennsylvania Housin~ Finance Agencv toll free at 1-800-342-2397, (Persons with
imoaired hearinl! can call (717) 780-1869.
De. Moine., lowe 50392.0780
EXHIBIT HAlt
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- 136259:001:MELISSA SELLERS: Image 2 of 16
This notice contains important legal infonnation. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to explain it.
You may also want to contact an attorney in your area, The local bar association may be
able to help you find a lawyer.
LA NOTIFlCACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENlDO DE ESTA NOTIFlCACION OBTENGA UNA TRADUCCION
INMEDITAMENTE LLAMANDO ESTA AGENCIA (pENNSYLVANIA HOUSING FINACE
AGENCY) SIN CARGOS AL NUMERO MENCIONDO ARRlV A. PUEDES SER ELEGIBLE
PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUl\L PUEDE SAL V AR SU
CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HlPOTECA,
ORIGINAL LENDER:unknown
CURRENT LENDERlSERVICER: Principal Residential Mortgage. Inc.
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHlCH CAN SAVE YOUR HOME
FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
If you comply with the provisions of the Homeowner's Emergency Mortgage Assistance
Act of 1983 (The "Act"), you may be eligible for emergency mortgage assistance:
. If your default has been caused by circumstances beyond your control,
. If you have a reasonable prospect of being able to pay your mortgage payments and,
. If you meet other eligibility requirements established by the Pennsylvania Housing
Finance Agency
TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to
a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this
Notice, During that time you must arrange and attend a "face-terface" meeting with one
of the consumer credit counseling agencies listed at the end of this Notice. TillS
MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT
APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING
YOUR MORTGAGE UP TO DATE, THE PART OF TillS NOTICE CALLED "HOW
TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR
MORTGAGE UP TO DATE,
CONSUMER CREDIT COUNSELING AGENCIES- If you meet with one of the
consumer credit counseling agencies listed at the end of this notice, the lender may NOT
take action against you for (30) days after the date of this meeting. The names, addresses
and teleDhone numbers of deshmat!:d consumer credit counseline: agencies for the county
EXHIBIT "AU
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- 136259,OO1:MELISSA SELLERS: Image 3 of 16
in which the Dronertv is located are set forth at the end of this Notice, It is only
necessary to schedule one face-to-face meeting. Advise your lender immediately of your
intentions.
APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default
for the reasons set forth later in this Notice (see following pages for specific information
about the nature of your default.) If you have tried and are unable to resolve this problem
with the lender, you have the right to apply for financial assistance from the
Homeowner's Emergency Mortgage assistance Program, To do so, you must fill out,
sign and file a completed Homeowner's Emergency Assistance Program Application with
one of the designated consumer credit counseling agencies listed at the end of this Notice,
Only consumer credit counseling agencies have applications for the program and they
will assist you in submitting a complete application to the Pennsylvania Housing Finance
Agency, Your application MUST be filed or postmarked within thirty (30) days of your
face-to-face meeting,
YOU MUST FILE YOUR APPLICA TION PROMPTLY. IF YOU FAIL TO DO
SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORm
IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME
IMMEDIA TEL Y AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE
WILL BE DENIED.
AGENCY ACTION-Available funds for emergency mortgage assistance are very
limited, They will be disbursed by the Agency under the eligibility criteria established by
the Act. The PeJU1sylvania Housing Finance Agency has sixty (60) days to make a
decision after it receives your application, During that time, no foreclosure proceeding
will be pursued against you if you have met the time requirements set forth above. You
will be notified directly by the Pennsylvania Housing Finance Agency of its decision on
you application,
Note: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A
PETITION IN BANKRUPTCY, THE FOLLOWING PART OF TIDS NOTICE IS
FOR INFORMA nON PURPOSES ONLY AND SHOULD NOT BE
CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(I{you haY<: filed bankruptey you can still apply for Emerson<:)' Martgage As'istan.",)
HOW TO CURE YOUR MORTGAGE DEFAULT (BRING IT UP TO
DATE),
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- 136259,001 :MELISSA .S!,LLERS , lm~ge 4 of 16
NATURE OF DEFAULT-The MORTGAGE debt held by the above lender on your
property listed above:
IS SERIOUSLY IN DEF AUL T because:
YOU HAVE NOT MADE MONTHL Y MORTGAGE PAYMENTS for the
following months and the following amounts are now past due:
March through June in the amount of $4180,69
B, YOU HA VE FAILED TO TAKE THE FOLLOWING ACTION:(not applicable):
HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30)
DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE
TO THE LENDER, WHICH IS $4180.69, PLUS ANY MORTGAGE PAYMENTS
AND LAlE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DA Y
PERIOD, Pavments must be made either bv cashier's check. certified check. or monev
order made pavable and sent to:
Principal Residential Mortgages, Inc
711 High Street
Des Moines, Iowa 50392-077
IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within
THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its ril!:bts
to accelerate the mortl!:8l!:e debt. This means that the entire outstanding balance of this
debt will be considered due immediately and you may lose the chance to pay the
mortgage in monthly installments. If full payment of the total amount past due is not
made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start
legal action to foreclose upon vour mortl!:al!:ed Dronertv.
IF THE MORTGAGE IS FORECLOSED UPON- The mortgaged property will
be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its
attorneys, but you cure the delinquency before the lender begins legal proceedings against
you, you will still be required to pay the reasonable attorney's fees that were actually
incurred, up to $50.00. However, iflegal proceedings are started against you, you will
have to pay all reasonable attorneys' fees actually incurred by the lender even if they
exceed $50.00, Any attorney's fees will be added to the amount you owe the lender,
which may also include other reasonable costs. If vou cure the default within the
THIRTY(30) DAY neriod. vou will not be required to nay attorney's fees.
OTHER ;LENDER REMEDIES-The lender may also sue you personally for the
unpaid principal balance and all other sums due under the mortgage,
EXHIBIT "AU
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- 136259:00LMELISSA SELLE)l.S : Image 5 of 16
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE:-. If you
have not cured the default within the THIRTY (30) DAY period and foreclosure
proceedings have begun, vou still have the right to cure the default and crevent the sale at
any time UP to one hour before the Sheriff's Sale, You may do so bv caving the total
amount then nast due. Dlus any late or other charges then due. reasonable attornev's fees
and costs connected with the foreclosure sale and any other costs connecled with the
Sheriff's Sale as scecified in writing bv the lender and bv ~rfonninl!. any other
reauirements under the mortl!.al!e. Curing your default in the manner set forth in this
notice wiJI restore your mortgage to the same position as if you bad never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest
date that such a Sheriff's Sale of the mortgaged property could be held would be
aDDroximatelv SIX (6) montbs from the date olthis Notice, A notice of the actual
date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount
needed to cure the default will increase the longer you wait. You may find out at any
time exactly what the required payment or action will be contacting the lender,
HOW TO CONTACT THE LENDER:
Principal Residential Mortgages, Inc.
711 High Street
Des Moines, Iowa 50392-077
Phone 1-800-962-4450, extension 77
Fax (515) 247-6554
Contact Person: Tammy Clark
EFFECT OF SHERIFF'S SALE- You should realize that a Sheriff'sSale will end
your ownership of the mortgaged property and your right to occupy it. If you continue to
live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings
and other belongings could be started by the lender at any time,
ASSUMPTION OF MORTGAGE-You ~may or Omay not (CHECK ONE) sell
or transfer your home to a buyer or transferee who will assume the mortgage debt,
provided that all the outstanding payments, charges and attorney's fees and costs are paid
prior to or at the sale and tat the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF,
TO HAVE THE MORTGAGE RESTORED TO THE SAME POsmON AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT, (HOWEVER, YOU DO NOT HAVE THE RIGHT TO
CURE YOUR DEFAULT MORE TIlAN THREE TIMES IN ANY CALENDAR YEAR.)
EXHIBiT IIA"
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- 136259:00LMELISSA SELLEB,~ ' Image 6 of 16
TO ASSERT THE NONEXISTENCE OF A DEF AUL T IN ANY FORECLOSURE PROCEEDING OR
ANY OTHER LAWSUIT INSTITIlTED UNDER THE MORTGAGE DOCUMENTS,
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE
LENDER,
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW,
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE LISTED ON
WE ATI'ACHED ENCLOSURE,
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_ 136259:00LMELlSSA SELLERS: Image 7 of 16
Consumer Credit Counselinl! Al!encv
Notification To:
Date:
Name of Mortgagee:
Address:
In accordance with the Pennsylvania Homeowner's Emergency Mortgage Assistance
Program (Act 91 of 1983), we have been approached for mortgage cOWlSeling assistance
by:
---------------_.-----------------------------~_.._--------~--------------------.--------
Name of Applicant
----~----------------------------------------------------------------------------------
Address
--------~-----------------~-----------------------------------------------------------
Telephone Number
----------------------------------------------------------~------~-
Mortgage Loan Number
--------.-_------------------------------------------------------------------------------
Address of property on which mortgage is in default,
If different from above.
The counseling agency met with the above named applicant on
Date
Who have indicated that they are more than sixty (60) days delinquent on their mortgage
payments and have received notification of intention to foreclose from
Principal Residential Mortgage, Inc,
7 II High Street
Des Moines, Iowa 50392-077
In accordance with the Homeowner's Emergency Mortgage Assistance Program, this is to
inform you that:
EXHIBIT "AU
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- 136259:00LMELISSA Sg.LERS : Image 8 of 16
1. If the delinquency cannot be resolved within the 30 day forbearance period as
provided by law, the applicant listed above may apply to the Pennsylvania Housing
Finance Agency for Homeowner's Emergency Mortgage Assistance,
2, By copy of this Notice, we are notifying all other mortgagees, if any, which the
applicant had indicated as also having a mortgage on the property identified above.
3. It is our understanding that the 30 day forbearance period in which we are now in
ends on July 8,2000.
4, No legal action to enforce the mortgage may occur during this forbearance period,
unless procedural time limits were not met by the homeowner.
Statements of Policy
Name of Counseling Agency:
Signer and Title:
Telephone Number:
Address:
EXHIBIT "A"
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Pen~sylvania Housing Finance Agency
Homeowner's Emergency Mortgage Assistance Program
Consumer Credit Counseling Agencies.
(Rev. 5/99)
Lycoming-Clinton Counties
Commission For C . L'
2138 " In S ommWlll;y =:>'''1 (STEP)
.l.,.,\nca treet
p, o. Box 132S
W;,Ili:unspol't, PA t7703
(5,0) 326-0587
F.~~(570) 322-2197
cecs oOlor"~'1e3.Ster.1 P!\.
201 Basin Street '
(Wi5!.llOWns) 3".J"'l't, PA t 7703
t ~-6627
FA.~ (570) 323-8626
CLINTON COUNTY
CCCS oC Northeastern P!\.
1631 S Atherton St .
Suite 100
S!::lte College, PA 16801
(8H) 238-3668
FAX (814) 238-3669
COLUMBIA COm."1'Y
cees oCNortheastern Pennsvlvania
1400 .-\bington E:cec".ltive Park
Suite 1
Clarks Summitt PA 18411
(570) S87-9163 or (SOO) 922-9537
FA.~ (570) 587-913419135
31 W. Market Street
POB 1127
W1lkes-Barre, PA 18702
(570) 821-0837 or (800) 922-9537
F_~~ (570) 821-1785
Commission on Economics Opportunity oC Luzerne County
163 Amber Lane
W1lkes-Barre, PA 18702
(570) 826-0510 or (SOO) 822-0359
FA.~ (570) 829-1SSs--{;ALL BEFORE FA.XING
(570) 45S-4994 HAZELTON
F.~~ (570) 455-5631-CALL BEFORE F.~XING
(570) 836-4090 TUNKHAl'l'NOCK
Booker T, Washington Center
1720 Holland Stl:eet
Erie, PA 16503
(814) 453-S744
FA.X (8141453-5749
John F, Kennedy Center. Inc,
2021 East 20th St"",t
Erie. PA 16510
(814) 898-0400
FAX (8141 898-1243
CCCS of We.tern Pennsylvania. Inc.
2000 Lingle.town Road
Harr'..burg. PA 17102
(717) 541-1757
Urban League of ~letropolitan Harrisburg
N, 6th Stte<!t
Harrisburg, PA 17101
(717) 234.S925
FA.X(717) 234-9459
Community Ac::!on Comm of the Capital Region
1514 Derry Street
HarrisbuI'i. PA 17104
(717) 232-9757
F.~X(717) 234-2227
CRAWFORD COl.lNTY
Greater Erie Community Action Committee
18 We.t 9th Street
Erie. PA 16501
(814) 459-4581
F.~(814)456-0161
Shenango Valley Urban League, Ine
601 Indiana Avenue
Farrell. PA 16121
(412) 981-S310
CUMBE:RI.A.'ID COUNTY
Financial Counseling Service. oC Franklin
31 West 3ni Street
Waynesboro. PA 17268
(717) 762-3285
YWCA of Carlisle
301 G Street
Carlisle. PA 17013
(717) 243-3818
FA-X (717) 731-9589
Adams County Housing Authorit"J
139-143 Carlisle St
Gettysburg, PA 17325
(7171 334-1518
F.~X (717) 334-8326
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PENNSY\.YANIA BlJLI.ET1N. YOI.. 29. NO, ~ JUNE 5, 1999
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PREMISES:
1264 HILLSIDE DRIVE
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VERIFICATION
VICKIE JAKSICH hereby states that she is FORECLOSURE MANAGER of PRINCIPAL
RESIDENTIAL MORTGAGE, INC, mortgage servicing agent for Plaintiff in this matter, that he/she is
authorized to take this 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 subject to the penalties of IS Pa, C.S, Sec, 4904 relating to unsworn
falsification to authorities,
.~~
DATE:
7- 3/-(jt>
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SHERIFF'S RETURN - REGULAR
,
CASE NO: 2000-05376 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PRINCIPAL RESIDENTIAL MORTGAGE
VS
SWETT JAMES B JR ET AL
KENNETH GOSSERT
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
SWETT JAMES B JR
the
DEFENDANT
, at 0014:40 HOURS, on the 21st day of Auqust
, 2000
at 1264 HILLSIDE DRIVE
MECHANICSBURG, PA 17055
by handing to
JAMES SWETT, JR,
a true and attested copy of COMPLAINT - MORT FORE
together with
NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
4.96
.00
10.00
.00
32.96
So Answers:
~~ ~t:~~
R, Thomas Kline
08/22/2000
FEDERMAN & PHELAN
day of
Sworn and Subscribed to before By:
me this 3f~
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-05376 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PRINCIPAL RESIDENTIAL MORTGAGE
VS
SWETT JAMES B JR ET AL
KENNETH GOSSERT
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
SWETT AMY L
the
DEFENDANT
, at 0014:40 HOURS, on the 21st day of August
, 2000
at 1264 HILLSIDE DRIVE
MECHANICSBURG, PA 17055
by handing to
JAMES SWEET, JR.
a true and attested copy of COMPLAINT - MORT FORE
together with
NOTICE
and at the same time directing His attention to the contents thereof,
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
,00
16.00
So Answers: #.
r~e;.-t:r~ . f
R, Thomas Kline
08/22/2000
FEDERMAN & PHELAN
Sworn and Subscribed to before
BY'h4f
me this 31...r day of
~".J- o2ov-o A.D.
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othonotary
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2000-05430 P
COMMbNWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WEST HELEN M
VS
GULBRANDSEN INSURANCE AGENCY
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
GULBRANDSEN INSURANCE AGENCY INC
but was unable to locate Them
in his bailiwick. He therefore
deputized the sheriff of DAUPHIN
County, Pennsylvania, to
serve the within WRIT OF SUMMONS
On Auqust
25th , 2000 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep. DAUPHIN CO
18,00
9.00
10,00
30.50
.00
67.50
08/25/2000
ADDAMS & RUNDLE
So answe~
~ine
Sheriff of Cumberland County
Sworn and subscribed to before me
this J/-v- day of ~~
.2hJ-o A.D.
C~'r. D n,'IlP:.~~~
prothono a y
~
@ffite of tqc ~4c:riff
William T. Tully
Solicitor
Ralph G, McAllister
Chief Deputy
Mary Jane Snyder
Real Estate Deputy
Michael W. Rinehart
Assistant Chief Deputy
Dauphin County
Harrisburg, Pennsylvania 1710 1
ph: (717)255-2660 fax: (717)255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
WEST HELEN M
vs
County of Dauphin
GULBRANDSEN INSURANCE AGENCY
Sheriff's Return
No. 1839-T - -2000
OTHER COUNTY NO. 20-5430
I, Jack Lotwick, Sherif~ of the County of Dauphin, State of
Pennsylvania, do hereby certify and return, that I made diligent
search and inquiry for GULBRANDSEN INSURANCE AGENCY
the DEFENDANT named in the within SUMMONS
and that I am unable to find him/her in the County of Dauphin, and
therefore return same NOT FOUND, August 21, 2000
PER EMA, NO SUCH NUMBER ON ANY GEORGE DRIVE, HBG. NEED A BETTER ADDRESS
PROTHONOTARY
So Answers,
JR~
Sheriff of Dauphin County,
By 17rk1t1. ~
Pa.
Sworn and subscribed to
before
= ili', "" ~.o~~::v
Deputy Sheriff
Sheriff's Costs: $30.50 PD 08/14/2000
RCPT NO 140048
NMILLER
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l~ The Court of Common Pleas of Cumberland County, Pennsylvania
Helen M. West
VS.
Gulbrandsen Insurance Agency. Inc.'
No. 20-5430 Civil
Now, 8/7/00
,2010 (i , I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of
Dauphin
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff,
, ' r~~~~<!
Sheriff of Cumberland County, P A
Affidavit of Service
Now,
, 20_, at
o'clock
M. served the
within
upon
at
by handing to
a
copy ofthe original
and made known to
the contents thereof.
So answers,
Sheriff of
County, PA
Sworn and subscrib~d before
me this _ day of , 20
COSTS
SERVICE
MILEAGE
AFFIDA VIT
$
$
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Commonwealth of Pennsylvania
County of Cumberland
Helen M. West
Court of Conunon Pleas
VB.
2000-5430 Civil Term
19____
No.
GulbrandseouInsurance Agency, Inc.
6560 George Drive
Harisburg, Pa. 17112
I Civil Action Law . .
n _____________________________________________
To ~~PE~~_~_J.ru?1g?!lc;,~_,'I...ml}gy_<.._!m.____
You are hereby notified tha t
,___~~~~_~~_~~2t______________________________,________________________________________________
the Plaintiff hlS commenced an action in ______________Ciy,i.:LLal'L______________________________
against you which you are required to defend or a default judgment may be entered against you.
(SEAL)
TRUE COpy FROM RECORD
In Testimony whereof. I here unto set my hand
and the seal of said Court at carlisle, Pa.
ThiS(1~ ~~ :J::~'~ okvO
Curtis R. Lon Prothonotari
,_--------------------9---____________c__________
Prothonotary
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Date __Ayg]J~tL1.1c~~QQ.(L~________ lOC.___
By __~-~-~~~---------_--~_----~~~~~
Deputy
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PRINCIPAL RESIDENTIAL
MORTGAGE, INC"
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL DIVISION
v,
NO, 00-5376
JAMES B. SWETT, JR.
AMY 1. SWETT,
Defendants
ANSWER TO MORTGAGE FORECLOSURE
I, Admitted.
2, Admitted,
3, Admitted in part and denied in part. The Defendants admit that they had executed
a mortgage for the property located at 1264 Hillside Drive, Mechanicsburg, Cumberland County,
Peunsylvania, 17055, with Broadview Mortgage Company, The Defendants also admit that said
mortgage was recorded in the Office of the Recorder of Deeds of Cumberland County,
Pennsylvania, As to the remaining averments set forth in paragraph 3, Defendants, after
reasonable investigation, are without sufficient information or knowledge to form a belief as to
the truth of the remaining averments and the same are therefore denied and strict proof is
demanded at the time oftrial.
4. Denied. After reasonable investigation, Defendants are without sufficient
information or knowledge to form a belief as to the matters asserted in paragraph 4 herein and
the same are therefore denied and strict proof is demanded at the time of trial.
5, Admitted in part and denied in part, It is admitted that the Defendants have not
made a payment of principal and interest since March I, 2000, It is also admitted that Plaintiff
Document#: 185509.1
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provided to Defendants a copy of the Act 91 Notice attached to Plaintiff's Complaint as Exhibit
"A". As to the remaining averments set forth in paragraph 5, Defendants are without sufficient
information or knowledge to form a belief as to the matters asserted and the same are therefore
denied and strict proof is demanded at the time of trial,
6, Denied. After reasonable investigation, Defendants are without sufficient
information or knowledge to form a belief as to the matters asserted in paragraph 6 herein and
the same are therefore denied and strict proof is demanded at the time of trial.
7, Denied, After reasonable investigation, Defendants are without sufficient
information or knowledge to form a belief as to the matters asserted in paragraph 7 herein and
the same are therefore denied and strict proof is demanded at the time oftrial.
8, Denied, After reasonable investigation, Defendants are without sufficient
information or knowledge to form a belief as to the matters asserted in paragraph 8 herein and
the same are therefore denied and strict proof is demanded at the time of trial.
9, Admitted in part and denied in part. It is admitted that Defendants received a
copy of the Act 91 Notice attached to Plaintiffs Complaint as Exhibit "A", As to the remaining
averments set forth in paragraph 9, Defendants are without sufficient information or knowledge
to form a belief as to the matters asserted and the same are therefore denied and strict proof is
demanded at the time of trial.
10, Denied. After reasonable investigation, Defendants are without sufficient
information or knowledge to form a belief as to the matters asserted in paragraph 10 herein and
the same are therefore denied and strict proof is demanded at the time of trial.
- 2 -
Document#: 185509.1
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WHEREFORE, Defendants request that this Honorable Court dismiss Plaintiffs
Complaint.
METZGER, WICKERSHAM, KNAUSS & ERB, P,C.
By
S ven ,Courtney, E
ttorney J.D. No, 74669
P.O. Box 5300
Harrisburg, P A 17110-0300
(717) 238-8187
Dated: /r;1fJv
Attorneys for Defendants
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Document#: 185509.1
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CERTIFICATE OF SERVICE
AND NOW, this 20. day of September, 2000, I, Steven C, Courtney, Esquire, of
Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Defendants, hereby certify that I served
a copy of the within Answer to Mortgage Foreclosure this day by depositing the same in the
United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to:
Frank Federman, Esquire
F edennan and Phelan
Two Penn Center Plaza, Suite 900
Philadelphia, P A 19102-1799
Document#: 185509.1
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FEDERMAN AND PHELAN
By: MICHELE M. BRADFORD, ESQUIRE
Identification No. 69849
Two Penn Center Plaza, Suite 900
Philadelphia, PA 19102
(21 <;) <;6'\-7000
Attorney for Plaintiff
Principal Residential Mortgage, Inc.
711 High Street
Des Moines, IA 50392
: Court of Common Pleas
Plaintiff
: Civil Division
: Cumberland County
vs.
: No. 00-5376
James B. Swett, Jr.
Amy L. Swett
1264 Hillside Drive
Mechanicsbnrg, P A 17055
Defendants
AND NOW, this
ORDRR
1- <.{h)day of ~.
,20~pon
consideration of Plaintiff's Motion for Summary Judgment and Brief in Support thereof, and
upon consideration of the Response, if any, filed by Defendants, the Court determines that
Plaintiff is entitled to Summary Judgment as a matter oflaw, and it is hereby:
ORDERED and DECREED that an in =judgment is entered in favor of Plaintiff
and against Defendants, James B. Swett, Jr,and Amy L. Swett, for $126,804,26 plus interest
from August 1, 2000 at the rate of$22,74 per diem and other costs and charges collectible
under the mortgage, for foreclosure and sale of the mortgaged property.
'BY THE COURT:
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Michele M. Bradford, Esquire
Steven C. Courtney, Esquire
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CUMBERLAND CQUNlY
PENNSYLVANIA
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FEDERMAN AND PHELAN
By: MICHELE M. BRADFORD, ESQUIRE
Identification No. 69849
Two Penn Center Plaza, Suite 900
Philadelphia, PA 19102
(21';) ';61-7000
Attorney for Plaintiff
vs.
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Court of Common meis 25
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Principal Residential Mortgage, Inc.
711 High Street
Des Moines, IA 50392
Plaintiff
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James B. Swett, Jr.
Amy L. Swett
1264 Hillside Drive
Mechauicsburg, PA 17055
Defendants ,'<_
, TIllS FIRM IS A DEBT COLLECTORATI'EMPTING TO COLLECT
ADEBT. ANY INFORMATION OBTAINED WIlL BE USED FOR
THAT PURPOSE, IF YOU HAVE PREVIOUSLY RECEIVED A
DISCHARGE IN BANKRUPTCY AND 'rHIs DEBT WAS NOT ,
REAFFiRMED, TIllS CORRESPONDENCE IS NOT AND SHOULD
NOT HE CONSTRUED TO BEAN ATI'EMPT TO COLLECT A
DEBT, Bur ONLY EFFORCEMENT OF ALIEN AGAINST THE
PROPERTY,
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MOTION FOR SlTMM A RV nmGMFN'f
Plaintiff respectfully requests that the Court enter an Order granting summary
judgment in its favor in the above-captioned matter and in support thereof avers as follows:
1. There are no material issues offact.
2, Plaintiff is seeking only ap in rem judgment in this mortgage foreclosure action,
3_ Since Defendants admitted the default in paragraph five of their Answer to the
Complaint, summary judgment for Plaintiff is appropriate, as is further addressed in Plaintiff's
attached Brief,
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4,
Defendants, James B, Swett, Jr, and Amy L. Swett, have filed an Answer to the
Complaint in which they have effectively admitted all of the allegations of the Complaint, as is
further addressed in Plaintiff's attached Brief,
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5, In their Answer, Defendants improperly deny, at least in part, paragraphs five
and six of the Complaint, which aver the default and the amounts due on the Mortgage, True
and correct copies of Plaintiff's Mortgage Foreclosure Complaint, Defendants' Answer are
attached hereto, incorporated herein by reference, and marked as Exhibits C, and D,
respectively,
6. Defendants have failed to sustain their burden of presenting facts, which
contradict the averments of Plaintiff's Complaint.
7, Since this action is intern only, the amount of the in = judgment has no effect
on the Defendants,
8. Defendants executed the Mortgage-promising to repay the loan on a monthly
basis, A true and correct copy of the Mortgage, which is recorded in the Office of the Recorder
of Cumberland County in Mortgage Book No, 1309, Page 444, is attached hereto, made part
hereof, and marked Exhibit A. A true and correct copy of the Note is also attached hereto,
made part hereof, and marked Exhibit AI,
9, By Assignment of Mortgage dated Apri122, 1996, the Mortgage was assigned to
Principal Residential Mortgage, Inc,; whicllAssignment is recorded in Assignment of
Mortgage Book No, 518, Page 508, A true and correct copy of the Assignment to Principal
Residential Mortgage, Inc, is attached hereto, incorporated herein by reference, and marked as
Exhibit A2.
10, The Mortgage is due for the March 1, 2000 payment, a period in excess of eight
months, An Affidavit confirming the default and the amount of the debt is attached hereto,
incorporated herein by reference, and marked as Exhibit B.
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11, The notice provisions of Act 6 of 1974 do not apply to this action because the
original Mortgage amount exceeds $50,000.00, as is further addressed in Plaintiff's attached
Brief.
12, Nevertheless, Plaintiff sent Defendants a letter notifying them of their default
and of Plaintiff's intent to foreclose, A true and correct copy of the letter is attached hereto,
made part hereof, and marked Exhibit E,
13, The Temporary Stay as provided by the Homeowner's Emergency Mortgage
Assistance Program, Act 91 of 1983, has terminated because Defendants have failed to meet
with an authorized credit counseling agency in accordance with Plaintiff's written notice to
Defendants, A true and correct copy of the Notice of Homeowner's Emergency Mortgage
Assistance Program is attached hereto, made part hereof, and marked Exhibit E,
14. Plaintiff has complied with Act 6 of1974, 41 P.S. ~403(a), and Act 91 of1983,
35 P,S, ~1680.40lc, by sending Defendants the combined notice provided for under Act 91. A
true and correct copy of the combined notice is attached hereto, made part hereof, and marked
as Exhibit E.
15. Defendants have the right to reinstate the loan up until one hour before a
scheduled Sheriff's Sale.
WHEREFORE, Plaintiff respectfully requests that an in = judgment be entered in its
favor for the amount due plus interest and costs as prayed for in the Complaint, for foreclosure
and sale of the mortgaged property.
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By: FRANK FEDERMAN
Identification No. 12248
Suite 1400
On\ P;nn Center at Subnrban Station
Philadelphia, PA 19103
(215) 563-7000
ATTORNEY FOR PLAINTIFF
PRINCIPAL RESIDENTIAL MORTGAGE,
INC.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
v.
CIVIL DIVISION
JAMES B. SWETT, JR.
AMY L. SWETT
1264 HILLSIDE DRIVE
MECHANICSBURG, PA 17055
Defendant(s).
PRAECIPE FOR ASSESSMENT OF DAMAGES
NO. 00-5376
TO THE PROTHONOTARY:
Pursuant to the attached Court Order, please assess damages in favor of Plaintiff,
Principal Residential Mortgage, Inc, and against the Defendants, James B Swett, Jr. and Amy L Swett,
as follows:
Pursuant to Court Order
and Complaint Amount
$126,804.26 J
interest from
8/01/00 to 1/24/01
$4.024.98
TOTAL:
$130,829.34
I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as
shown above, and (2) notice has been given in accordance with Rule 237.1, copy attached.
4a.-A. ~
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
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DAMAGES ARE HEREBY ASSESSED AS INDICATED
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PROTHONOTARY
DATE: 3- /4-01
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, FEDERMAN AND PHELAN
By: MICHELE M. BRADFORD, ESQUffiE
Identification No. 69849
,Two Penn Center Plaza, Suite 900
Philadelphia, PA 19102
(21';) , .;61~ 7000
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Attorney for Plaintiff
Principal Residential Mortgage, Inc.
711 High Street
Des Moines, IA 50392
Court of Common Pleas
Plaintiff
: Civil Division
: Cumberland County
vs.
: No. 00-5376
James B. Swett, Jr.
Amy L. Swett
1264 Hillside Drive
Mechanicsburg, P A 17055
Defendants
AND NOW, this
,~ ORnER
1- <..{ dayof ~.
,20~pon
consideration of Plaintiff's Motion for Summary Judgment and Brief in Support thereof, and
upon consideration of the Response, ifany, filed by Defendants, the Court determines that
Plaintiff is entitled to Summary Judgment as a matter oflaw, and it is hereby:
ORDERED and DECREED that an in = judgment is entered in favor of Plaintiff'
and against Defendants, James B, Swett, JI. and Amy L. Swett, for $126,804.26 plus interest
from August 1, 2000 at the rate of $22,74 per diem and other costs and charges collectible
under the mortgage, for foreclosure and sale of the mortgaged property,
BY THE COURT:
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Michele M. Bradford, Esauire
Steven C. Courtney" Esquire
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PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P.3180-3183
PRINCIPAL RESIDENTIAL MORTGAGE, INC.
Plaintiff,
CUMBERLAND COUNTY
v.
No. 00-5376
JAMES B. SWETT, JR.
AMY L. SWETT
Defendant(s),
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
(per diem - $21.51)
$130.S2iJ.34 1\ 12..' ' ffo4.-,4
4-04,QY
$2.860.83 and Costs I' '
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$133.690,17 TOTAL
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Amount Due
Interest from 01/24/01 - 06/06/01
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FRANK FEDERMAN, ESQUIRE
ONE PENN CENTER at SUBURBAN STATION
SUITE 1400
PHILADELPHIA, PA 19103
Attorney for Plaintiff
Note: Please attach description of property.No,
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ALL THOSE CERTAIN tracts of Iand, together with the improvements thereon erected, situate in
the Township of Monroe, County of Cumberland, and State of Pennsylvania, bounded and described
as Jol!otvs, to wit:
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TRACT NO,!:
BEGINNING at a point on the northern line of Hillside Drive, which point is at the line dividing
Lot Nos. 36 a..'1d 37, on the Plan of Section 2 of Rebert Acres as recorded in Cumberland County
Recorder's Office in Plan Book 23, page 1++; thence along the northern line of Hillside Drive,
North 85 degrees 11 minutes West, a distance of 100,00 feet to a point marked by an iron pin;
thence continuing along the said line of Hillside Drive in a southwesterly direction by the arc of a
circle curving to the left, said circle having a radius of 50,00 feet, the arc distance of 20,00 feet;
thence extending along the line of land now or late of Helen C. Rebert, of which this was a pan,
North 85 degrees 11 minutes West, 68,93 feet to a poim; thence along the line of land of the same,
North 04 degrees 48 minutes 30 seconds East, 213 ,19 feet to an iron pin at southwest corner of Lot
now or late of Earl Fertenbaugh. and wife; thence extending along the line of said Lot now or late
of Earl Fertenbaugh and wife, South 86 degrees 41 minutes East, 87,49 feet to. a point at the
northwest corner of Lot No, 36, on the Plan of Section 2 of Rebert Acres as recorded in the
Cumberland County Recorder's Office in Plan Book 23, page 144, aforementioned, thence
extending along the northern line of said Lot No, 36, South 85 degrees 11 minutes East, a distance
of 100,00 feet to the western line of Lot No, 37, on the above mentioned Plan of Lots; thence
extending along the western line of said Lot No, 37, South 04 Jegrees 49 minutes West, a distance
of 200,00 feet to a point on the northern line of Hillside Drive, at the Point and Place of Beginning,
BEING comprised of Lot No, 36 on the subdivision plan of Section 2 of Rebert Acres as recorded
in the Cumberland County Recorder's Office in Plan Book 23, page 144; and Lot No.2 on the fmal
subdivision Plan for Helen Rebert, which said Plan is recorded in the Cumberland County
Recorder's Office in Plan Book 32, page 10,
TRACT NO, 2:
BEGINNING at a point marked by an iron pin the northern line o~ Hillside Drive, at the southwest
co f other lands of the Grantor herein, to be conveyed hereWIth; thence extendmg along the
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northern line of Hillside Drive in a southwesterly direction by an arc 0 a CIrc e curvmg to e e ,
said circle having a radius of 50,00 feet, the arc distance of 20,00 feet; thence extending along the
line of lands now or formerly of Helen C. Rebert, North 85 degrees 11 minutes West, 68.93 feet to
a point; thence along the line of lands of the same, North 04 degrees 48 minutes 30 seconds .East,
213,19 feet to an iron pin at southwest corner of Lot now or late of Earl Fertenbaugh and WIfe;
thence extending along the line of said Lot now or late of Earl Fertenbaug~ and wife South 86
degrees 41 minutes East 87.49 feet to a point at the northwest corner of saId other land of the
Grantor herein, as aforementioned; thence extending along the line of said other land of the Grantor
herein, South 04 degrees 49 minutes West, 200 feet to an iron pin in the northern line of Hillside
Drive, aforementioned, at the Point and Place of Beginning.
BEING Lot No.2, on the final subdivision Plan for Helen Rebert, which said Plan is recorded in
the Cumberland County Recorder's Office in Plan Book No, 32, page 10,
Tax Parcel #22-24-0773-039,
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PRINCIPAL RESIDENTIAL MORTGAGE, INC.
CUMBERLAND COUNTY
Plaintiff,
COURT OF COMMON PLEAS
v.
JAMES B. SWETT, JR.
AMY L. SWETT
CIVIL DIVISION
NO. 00-5376
Defendant(s).
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. I)
PRINCIPAL RESIDENTIAL MORTGAGE. INC., Plaintiff in the above action, by its attorney,
FRANK FEDERMAN, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was
filed the following information concerning the real property located at 1264 HILLSIDE DRIVE,
MEClIANISCSBURG, P A 17055.
1. Name and address ofOwner(s) or reputed Owner(s):
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate,)
JAMES B. SWETT, JR. 1264 HILLSIDE DRIVE
MECHANICSBURG, PA 17055
AMY L. SWETT 1264 HILLSIDE DRIVE
MECHANICSBURG, PA 17055
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
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
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4. Name and address of the last recorded holder of every mortgage of record:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate,)
The Bank of New York,
as Co-Trustee, etal
20 Broad Street, LL-2
New York, NY 10005
5, Name and address of every other person who has any record lien on the property:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
7. Name and address of every other person whom the plaintiff has knowledge who has any interest
in the property, which may be affected by the sale:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
Tenant/Occupant
1264 HILLSIDE DRIVE
MECHANISCSBURG, P A 17055
Domestic Relations of
Cumberland County
13 North Hanover Street
Carlisle, P A 17013
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties ofl8 Pa. C.S, Sec. 4904 relating to unsworn falsification to authorities.
February 15. 2001
DATE
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FRJV{KFEDE~AN,ESQU]RE
Attorney for Plaintiff
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FEDE~andPHELAN
By: FRANK FEDE~
Identification No. 12248
Suite 1400
One Penn Center at Suburban Station
Philadelphia, PA 19103
(215) 563-7000
ATTORNEY FOR PLAINTIFF
PRINCIPAL RESIDENTIAL MORTGAGE, INC.
Plaintiff,
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
v.
CIVIL DIVISION
JAMES B. SWETT, JR.
AMY L. SWETT
NO. 00-5376
Defendant(s).
CERTIFICATION
FRANK. FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that the premises are not subject to the provisions of Act 91
because it is:
() an FHA mortgage
() non-owner occupied
() vacant
(X) Act 91 procedures have been fulfilled
This certification is made subject to the penalties of 18 Pa, C.S, Section 4904 relating to unsworn
falsification to authorities.
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FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
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PRINCIPAL RESIDENTIAL MORTGAGE, INC.
Plaintiff,
CUMBERLAND COUNTY
v,
No. 00-5376
JAMES B. SWETT, JR.
AMY L. SWETT
Defendant( s),
February 15, 2001
TO: JAMES B. SWETT, JR.
AMY L. SWETT
1264 HILLSIDE DRIVE
MECHANICSBURG, PA 17055
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE, IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED
TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY,"
Your house (real estate) at 1264 HILLSIDE DRIVE, MECHANISCSBURG. PA 17055, is
scheduled to be sold at the Sheriffs Sale on JUNE 6, 2001 at 10:00 a.m. in the Cumberland County
Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by
PRINCIPAL RESIDENTIAL MORTGAGE, INC. (the mortgagee) against you, If the Sheriffs sale
is postponed, the property will be relisted for the September 5, 2001 Sheriffs Sale.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due, To find out how much you must pay, you may
call: (215) 563-7000.
2, You may be able to stop the sale by filing a petition asking the Court to strike or open the
juftgment, if the judgment was improperly entered, You may also ask the Court to
postpone the sale for good cause.
3, You may also be able to stop the sale through other legal proceedings,
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You may need an attorney to assert your rights, The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000,
2. You may be able to petition the Court to set aside the sale 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 wm remain the owner of the
property as ifthe sale never happened,
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer, At that time, the buyer may bring legal proceedings to evict
you.
6, You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money, The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed,
7, You may also have other rights and defenses; or ways of getting your home back, if you act
immediately after the sale,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
. CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
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},LL THOSE CERTAIN tracts of land, together with the improvements thereon erected, situate in-
the Township of Monroe. Coumy of Cumberland, and State of Pennsylvania, bounded and described
as follows, to wit
TRACT ",0 1
BEGINNI."iG at a poim on the northern line of Hillside Drive, which point is at the line dividing
Lot Nos, 36 and 37. on the Plan of Section 2 of Rebert Acres as recorded in Cumberland County
Recorder's Office in Plan Book 23, page 1-14; thence along the northern line of Hillside Drive,
North 85 degrees 11 minutes West, a distance of 100.00 feet to a point marked by an iron pin;
thence continuing along the said'line of Hillside Drive in a southwesterly direction by the arc of a
circle carving to the left, said circle having a radius of 50.00 feet, the arc distance of 20,00 feet;
thence extending along the line of land now or late of Helen C, Rebert, of which this was a pan,
North 85 degrees 11 minutes West, 68,93 feet to a point; thence along the line of land of the same,
North 04 degrees 48 minutes 30 seconds East, 213,19 feet to an iron pin at southwest comer of Lot
now or late of EMI Fertenbaugh, and wife; thence extending along the line of said Lot now or late
of Earl Fenenbaugh and wife, South 86 degrees 41 minutes East, 87.49 feet to.a point at the
northwest comer of Lot No, 36, on the Plan of Section 2 of Rebert Acres as recorded in the
Cumberland County Recorder's Office in Plan Book 23, page 144, aforementioned, thence
extending along the northern line of said Lot No, 36, South 85 degrees 11 minutes East, a distance
of 100,00 feet to the western line of Lot No, 37, on the above mentioned Plan of Lots; thence
extending along the western line of said Lot No, 37, South 04 degrees 49 minutes West, a distance
of 200,00 feet to a poim on the northern line of Hillside Drive, at the Point and Place of Beginning.
BEING comprised of Lot No, 36 on the subdivision plan of Section 2 of Rebert Acres as recorded
in the Cumberland COUnty Recorder's Office in Plan Book 23, page 144; and Lot No, 2 on the fmal
subdivision Plan for Helen Rebert, which said Plan is recorded in the Cumberland County
Recorder's Office in Plan Book 32. page 10,
TRACT NO 2:
BEGINNING at a point marked by an iron pin the northern line o~ Hillside Drive, ~t the southwest
C f Other lands of the Grantor herein, to be conveyed hereWith; thence extendlllg along the
orner 0 f . 1 ' th 1 ft
northern line of Hillside Drive in a southwesterly direction by an arc 0 a CITC e curv~g to e e ,
'd . Ie havI'ncr a radius of 5000 feet the arc distance of 20,00 feet; thence extendlllg along the
sal clrc e " ,
line of lands now or formerly of Helen C. Rebert, North 85 degrees 11 mmutes West, 68,93 feet to
a point; tl1ence along the line of lands of the same, North 04 degrees 48 mmutes 30 seconds ,East,
213,19 feet to an iron pin at southwest comer of Lot now or late of Earl Fertenbaugh and WIfe;
thence extending along the line of said Lot now or late of Earl Fertenbaug~ and wife South 86
degrees 41 minutes East 87.49 feet to a point at the northwest corner of saId other land of the
Gr7mtor herein, as aforementioned; thence extending along the line of said other land of the Grantor
herein, South 04 degrees 49 minutes West, 200 feet to an iron pin in the northern line of Hillside
Drive, aforementioned, at the Point and Place of Beginning,
BEING Lot No, 2, on the final subdivision Plan for Helen Rebert, which said Plan is recorded in
the Cumberland County Recorder's Office in Plan Book No, 32, page 10,
Tax Parcel #22-24-0773-039,
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FEDERMAN AND PHELAN
By: FRANK FEDERMAN, ESQUIRE
IDENTIFICATION NO, 12248
ONE PENN CENTER AT SUBURBAN STATION,
SUITE 1400
PHILADELPHIA, PA 19103-1814
PLEAS
(215) 563-7000
ATTORNEY FOR PLNNTIFF
COURT OF COMMON
CIVIL DIVISION
PRINCIPAL RESIDENTIAL MORTGAGE,
INC,
CUMBERLAND COUNTY
No,: 00-5376
vs.
JAMES B, SWETT, JR,
AMY L. SWETT
AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE
PURSUANT TO P,R,C,P.. 404(2)/403
FRANK FEDERMAN, ESQUIRE, Attorney for Plaintiff, hereby certifies that
service of the NOTICE OF SHERIFF SALE was made by sending a true and correct copy by
regular mail to Steven C. Courtney, Esquire, Attorney of Record for Defendant(s), at 3211
North Front Street, P.O. Box 5300, Harrisburg, PA 17110 on March 7, 2001.
The undersigned understands that this statement is made subject to the penalties of 18 P A
C,S, s 4904 relating to unsworn falsification to authorities,
-~~~A/1~
F FEDE ESQUIRE
Date: March 26, 2001
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SALE DATE: JUNE 6. 2001
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
PRINCIPAL RESIDENTIAL MORTGAGE,
INe.
No,: 00-5376
vs,
JAMES B, SWETT, JR,
AMY L. SWETT
AFFIDAVIT PURSUANT TO RULE 3129.1
AND RETURN OF SERVICE PURSUANT TO
Pa. R.C.P. 405 OF NOTICE OF SALE
Plaintiff in the above action sets forth as ofthe date the Praecipe for the Writ of
Execution was filed the following information concerning the real property located at:
1264 HILLSIDE DRIVE. MECHANICISBURG. PA 17055,
As required by Pa. R.C,P. 3129,2(a) Notice of Sale has been given in the manner
required by Pa, R.C,P. 3129.2(c) on each ofthe persons or parties named, at that address set forth
on the attached Affidavit No.2 (previously filed) and Supplemental Affidavit No, 2 on the date
indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing
(Form 3817) and/or Certified Mail Return Receipt stamped by the D,S. Postal Service is attached
for each notice,
~
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
May I, 2001
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PRINCIPAL RESIDENTIAL MORTGAGE, INC.
C~IBERLANDCOUNTY
Plaintiff,
v.
COURT OF COMMON PLEAS
JAMES B. SWETT, JR.
AMY L. SWETT
CIVIL DIVISION
NO, 00-5376
Defendant(s).
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No, I)
PRINCIPAL RESIDENTIAL MORTGAGE. INC., Plaintiff in the above action, by its attorney,
FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was
filed the foHowing information concerning the real property located at 1264 HILLSIDE DRIVE,
MECHANISCSBURG, PA 17055.
Name and address of Owner(s) or reputed Owner(s):
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate,)
JAMES B. SWETT, JR. 1264 HILLSIDE DRIVE
MECHANICSBURG, PA 17055
AMY L. SWETT 1264 HILLSIDE DRIVE
MECHANICSBURG, PA 17055
Name and address ofDefendant(s) in the judgment:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate,)
Same as above
3,
Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
-~ "-..
4. Name and address of the last recorded holder of every mortgage of record:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
The Bank of New York,
as Co-Trustee, etal
20 Broad Street, LL-2
New York, NY 10005
5. Name and address of every other person who has any record lien on the property:
NAJ\iIE
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate,)
None
6, Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate,)
None
7, Name and address of every other person whom the plaintiff has knowledge who has any interest
in the property, which may be affected by the sale:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
TenantJOccupant
1264 HILLSIDE DRIVE
MECHANISCSBURG, PA 17055
Domestic Relations of
Cumberland County
13 North Hanover Street
Carlisle, PA 17013
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief, I understand that false statements herein are made subject to the
penalties ofl8 Pa. C.S, Sec, 4904 relating to unsworn falsification to authorities,
Febmarv 15, 2001
DATE
.~~~
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
-
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DATE: 02/15/01
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY
OWNER(S) JAMES B. SWETT, JR.
AMY L. SWETT
PROPERTY: 1264 HILLSIDE DRIVE
MECHANISCSBURG, P A 17055
Improvements: Residential Property
CUMBERLAND COUNTY
The above-captioned property is scheduled to be sold at the Sheriffs Sale on JUNE 6.
2001, at 10:00 a.m. in Cumberland County Courthouse. South Hanover Street., Carlisle. PA, Our
records indicate that you may hold a mortgage or judgment on the property, which may be extinguished
by the sale, You may wish to attend the sale to protect your interests.
A schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff
not later than 30 days after sale. Distribution will be made in accordance with the schedule unless'
exceptions are filed thereto within 10 days after the filing of the schedule.
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Principal Residential Mortgage, Inc,
In The Court of Co=on Pleas of
Cumberland County, Pennsylvania
Writ No, 2000-5376 Civil Term
VS
James B. Swett, Jr. and Amy L. Swett
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED pursuant to instructions from Attorney Frank Federman.
Sheriff's Costs:
Docketing
Surcharge
Posting Handbills
Law Library
Prothonotary
Share of Bills
Mileage
Levy
Advertising
Certified Mail
Poundage
Postpone Sale
Out of County
Dauphin County
Law Journal
Patriot News
30,00
40.00
30.00
.50
1.00
25.09
3,72
30.00
30.00
4.35
26.64
20.00
9.00
25.50
576.95
505 74
$1358.49 paid by attorney
10-09-01
Sworn and subscribed to before me So Answers'
This I,)!:'::' day of cO~ ~fZ.~...<~
n , R. Thoma. s Kline, S. heriff
2001, A.D. ~ t2. /u"'h~/~ ' - if
BY~lS~
Prothonotary Real Estate Deputy
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-
. PRINCIPAL RESIDENTIAL MORTGAGE, INC.
CUMBERLAND COUNTY
Plaintiff,
v.
COURT OF COMMON PLEAS
JAMES B. SWETT, JR.
AMY L. SWETT
CIVIL DIVISION
NO. 00-5376
Defendant(s).
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No.1)
PRINCIPAL RESIDENTIAL MORTGAGE, INC., Plaintiff in the above action, by its attorney,
FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was
filed the following information concerning the real property located at 1264 HILLSIDE DRIVE,
MECHANISCSBURG, P A 17055.
I. Name and address ofOwner(s) or reputed Owner(s):
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
JAMES B. SWETT, JR 1264 HILLSIDE DRIVE
MECHANICS BURG, PA 17055
AMY L. SWETT 1264 HILLSIDE DRIVE
MECHANICSBURG, PA 17055
2. Name and address ofDefendant(s) in the judgment:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
Same as above
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
;, 4""1~~ ~,,'~
1 ,
4. ~ Name and address of the last recorded holder of every mortgage of record:
,
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate,)
The Bank of New York,
as Co-Trustee, etal
20 Broad Street, LL-2
New York, NY 10005
5. Name and address of every other person who has any record lien on the property:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
7. Name and address of every other person whom the plaintiff has knowledge who has any interest
in the property, which may be affected by the sale:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
Tenant/Occupant
1264 HILLSIDE DRIVE
MECHANISCSBURG, P A 17055
Domestic Relations of
Cumberland County
13 North Hanover Street
Carlisle, P A 17013
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties ofl8 Pa. C.S. Sec, 4904 relating to unsworn falsification to authorities.
February 15. 2001
DATE
4;(~~
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
-
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PRINCIPAL RESIDENTIAL MORTGAGE, INC.
Plaintiff,
CUMBERLAND COUNTY
v.
No. 00-5376
JAMES B. SWETT, JR.
AMY L. SWETT
Defendant(s).
February 15, 2001
TO: JAMES B. SWETT, JR.
AMY L. SWETT
1264 HILLSIDE DRIVE
MECHANlCSBURG, P A 17055
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED
TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY."
Your house (real estate) at 1264 HILLSIDE DRIVE, MECHANISCSBURG. PA 17055, is
scheduled to be sold at the Sheriffs Sale on JUNE 6. 2001 at 10:00 a.m. in the Cumberland County
Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by
PRINCIPAL RESIDENTIAL MORTGAGE. INC. (the mortgagee) against you. If the Sheriffs sale
is postponed, the property will be relisted for the September 5,2001 Sheriff's Sale.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered, You. may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
~ "
- -"~ ,
Y ElU may need an attorney to assert Y01lI' 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you wm remain the owner of the
property as if the sale never happened.
5, You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you,
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale, This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7 . You may also have other rights and defenses, or ways of getting your home back, if you act
i=ediately after the sale,
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYERAT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE'
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, P A 17013
(717) 249-3166
(800) 990-9108
,--
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ALL THOSE CERTAIN tracts of land, together with the improvements thereon erected, situate in
the '"f.ownship of Monrpe, County of Cumbe.rland,.and State of Pennsylvania, bounded and described
as follows, to wit:
TR,\CT NO.1:
BEGINNI:'<iG at a point on the northern line of Hillside Drive, which point is at the line dividing
Lot Nos, 36 and 37, on the Plan of Section 2 of Rebert Acres as recorded in Cumberland County
Recorder's Office in Plan Book 23, page 1-1-+; thence along the northern line of Hillside Drive,
North 85 degrees 11 minutes West, a distance of 100.00 feet to a point marked by an iron pin;
thence continuing along the said line of Hillside Drive in a southwesterly direction by' the arc of a
circle curving to the left, said circle having a radius of 50.00 feet, the arc distance of 20.00 feet;
thence extending along the line of land now or late of Helen C. Rebert, of which this was a pan,
North 85 degrees 11 minutes West, 68.93 feet to a point; thence along the line of land of the same,
North 04 degrees 48 minutes 30 seconds East, 213,19 feet to an iron pin at southwest corner of Lot
now or late of Earl Fertenbaugh, and wife; thence extending along the line of said Lot now or late
of Earl Fertenbaugh and wife, South 86 degrees 41 minutes East, 87.49 feet to. a point at the
northwest comer of Lot No, 36, on the Plan of Section 2 of Rebert Acres as recorded in the
Cumberland County Recorder's Office in Plan Book 23, page 1-1-+, aforementioned, thence
extending along the northern line of said Lot No. 36, South 85 degrees 11 minutes East a distance
- ,
of 100,00 feet to the western line of Lot No, 37, on the above mentioned Plan of Lots; thence
extending along the western line of said Lot No. 37, South 04 Jegrees 49 minutes West a distance
.... '-' ......
of 200,00 feet to a point on the northern line of Hillside Drive, at the Point and Place of Beginning.
BEING comprised of Lot No. 36 on the subdivision plan of Section 2 of Rebert Acres as recorded
in the Cumberland County Recorder's Office in Plan Book 23, page 144; and Lot NO.2 on the fmal
subdivision Plan for Helen Rebert, which said Plan is recorded in the Cumberland County
Recorder's Office in Plan Book 32, page 10,
TRACT NO, 2:
BEGINNING at a point marked by an iron pin the northern line o~ Hillside Drive, ~t the southwest
comer of other lands of the Grantor herein, to be conveyed hereWIth; thence extendmg along the
northern line of Hillside Drive in a southwesterly direction by an arc of a circle curving to the left,
said circle having a radius of 50.00 feet, the arc distance of 20.00 feet; thence extending along the
line of lands now or formerly of Helen C. Rebert, North 85 degrees 11 minutes West, 68.93 feet to
a point; thence along the line of lands of the same, North 04 degrees 48 minutes 30 seconds .East,
213,19 feet to an iron pin at southwest corner of Lot now or late of Earl Fertenbaugh and WIfe;
thence extending along the line of said Lot now or late of Earl Fertenbaugh and wife South 86
degrees 41 minutes East 87.49 feet to a point at the northwest corner of said other land of the
Grantor herein, as aforementioned; thence extending along the line of said other land of the Grantor
herein, South 04 degrees 49 minutes West, 200 feet to an iron pin in the northern line of Hillside
Drive, aforementioned, at the Point and Place of Beginning.
BEING Lot No.2, on the final subdivision Plan for Helen Rebert, which said Plan is recorded in
the Cumberland County Recorder's Office in Plan Book No. 32, page 10.
Tax Parcel #22-24-0773-039.
T_ ~ __
, .
, .
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO, 00-5376 CIVIL 19
CIVIL ACTION - LAW
TO THE SHERIFF OF
CUMBERLAND
COUNTY:
Principal Residential Mortgage, Inc.
To satisfy the debt, interest and costs due
PLAINTIFF(S)
James B. Swett, Jr. and Amy L. Swett, 1264 Hillside Dr., Mechanicsburg
trom
PA 17055.
DEFENDANT(S)
(1) You are directed to levy upon the property ot the defendant(s) and to sell Real estate located
at 264 Hillside Dr., Mechanicsburg PA 17055. (See attached legal
descript ion. )
(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 notny the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are 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 defendanl(s) not levied upon an subject to attachmenl 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 $126,804.26
Interest 8/ 1 / 0 0 - 6/ 6 / 0 1
$6,885.81
LL
Due Prothy
Other Costs
$.50
$1. 00
Ally's Comm
Ally Paid
Plaintiff Paid
%
$129.96
Date:
March 14, 2001
CURTIS R. LONG
Deputy
by:
REQUESTING PARTY:
Name Frank Federman, Esq.
Address:
One Penn Center @ Suburban Station
TRIJe ~py FROM ReCORD
In Testimony whereof. J here IInto set my hand
and the~ of sald Co at ,. Pa.
t dv-v )
Philadelphia PA 19106
Attorney for: Plaintiff
Telephone: (215) 5637000
Supreme Court ID No. 12248
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REAL ESTATE SALE N(l 51
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this writ and oy this reien'.';
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REAL ESTATE SALE NO. 51
Writ NQ. 201JO.5376
ClvlJ Term
Principal Residentlal
Mortgage, Inc.
v.
James B. Swett., Jr.
and Amy L. Swett
Atty: Frank Federman
DESCRIPTION,
ALL nrOSE C8RTAlN fracts afland,
i," fogether with !:,~ improvements thereon
erected, situate in the.Township of Monroe,
County of Cumberland, and State of
Pennsyl.vania, bounded and described as
follows, towit:
, TRACT NO. 1: BEGINNING at a point on
r . the northem Hne of Hillside Drive, which.
point is at the line dividing Lot Nos. 36 and
. 37, on the Plan oE Section 2 of Rebert Acres
as recorded in Cumberland COUl1fv
Recorder's Office in Plan Book 23'Fage 144,
thence along the northem Une 0 Hillside
Drive, North 85 d~.gree$ 11 min.utes West. a
distance of 100.00 feet to a point marked by
an iron pin; thence' continuIng along the
&aid line of Hillside Drive in a
. "Wuthwesterly ,directton by th~ arc of a
cirCle curving to the ieft, said circle having
"3' r.adios of 50,QO feet, the arc distance of
'::2[00 reet: thence extending along the line
:"i;t land now or late of Helen C. Rebert, of
which this was a part, North 85 degrees 11
minutes West,. 68,93 fee! to a point; ~hence
along the line of land of the same, North 04
I riegrees 48 minutes 30 seconds East.. 213.19
feet 10 an iron pin at southwest COrrler of
, Lot noW or late of Earl Fertenbaugh, and
v.i.fe; thence ~[~nding along the line of
I said Lot now or late of Earl Fertenbaugh .
Jnd wife, South 86 d~gre%41 minutes East,
, ::$1.49 feet to a point at lhe norlhw~st comer
; ,(If Lot No. 36, on the Plan of Section 2 of
Rebert Acres as recorded in the
Cumberland County Recorder's Office in
::, Plan Book,. 23, page 144, aforementioned;
",,::,th,ence extending along the llortpem line of
!'::~:~4iir...Lot No. 36, south.' 85 dewees, 11
;/,:,iittij'~~?tz,? 4I?J~!!f.~"gf1~.'OO f~f.if-:~~._
":,~,"W~~n hne of Lot No. 3.7, on-Ule, .,a}j.o:v:~'-':
-~'#~1itioned Plan of-"tots;'thence 'e~ten~\i1.f
::,:,:':'~llg the westErn JiM of said lot NI)';.,':,:V,,: ;
\~:~'S(ill1:h, 04 .de.grees ,49 minut~ West; j',:
".'distan.ce of 200.00. feet to a point Qr\ the
I northern line of Hillside Drive. at the Point
and Place of Beginning. , _
BEING comprised of Lot .No. 36, on 'the
subdivision plan of $€cfion 2 of Rebert
Acres as recorded in the Cumberland
County Recorder:;" Office in Plan Book 234, -
page, 144; and'- Lot No.2, OIl fhe final
subdivision' Plan__. for Helen Rebert, whkh
said Pla'n is rec'9.rded in the Cumberland
CQunt\> Recorder's Office in Plan Book 32,
~_rage 10. _~_=_
- TRACr-Nu;--.~;.--sp?1NNTNC-irapofi1r-
marked by an Iron, pm the northern line of
Hillside DrivE', at the southwest comer of
other lands Df the Grantor, herein, to be
con~d here~th; then~e _~tending ai~:mg
the norlhilm ime of H1USlde Drive' in a
sou.thwesterly dire<:Hon by an an: of a' circle-
c:u'r\iing' to file. left,. said. cirde h(1ving a
radius of SO.OO feet, the arc distance at 20110
feet; thence extending along the line of
I,lnds now 01:' formerly of Jjelen 'C. ,Rebert..
North 85 degrees 11 minutes',We.st. 68.93 '
feet to "a, point.: (~ence along the line of
lands of the same, North ,04 degrees '48
minutes 30 seconds East; 213.19 feet to an
iron pin at.sou.thwe;>t cornet of Lot now or
late of Earl Fertenhaugh and ""iie; thence
ex"tending aL;mg the li~~ of said Lot now or
fate of Earl Fertertbaugn and wife South 86
degrees 41 minutes East 87.49 feel to a point
at the northwest corner of said other land of
.the Grantor herein; as aforementioned'
thence exf~lJding along -the line of sajd
other land of the~Gfantor herein, South 04
degrees .49 minutes West, 200 feef to an iron
pin in the northern line of' HIllside Drive
, I aforemel'!tioned, at the Point and, Place of
, BEGINNlNG. '
I BEING lot No. 2. on the final subdivision
Plan for Hele.n Rebert which said Plan is
recorded in the Cumberland County
, ,,:f~corQer's o~~~ i~ p~ ~~~k No. 32, page
, Tax Parcel #22~24-07?3-039~
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No, 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
James L. Clark being duly sworn according to law, deposes and says:
That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing
under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818
Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of Th e
Patriot-News and The Sundav 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 24th day(s} of April and the 1 st and 8th
day(s) of May 2001. That neither he nor said Company is interested in the subject 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 compan1rlld subsequently duly recorded in
':'~::,:::~:m;"" · 0.00. '" ,0< "".'C~"".~","'";"~'~'~"",'.~m
COpy Sworn to and subscribed before me this 21st d 2001 A.D.
S ALE #51
Notarial Seal
rany L, Rus.all, Nota'Y
Harrisburg. Dauphin County
My CommissIon Expires June 6. 2002
Member, Pennsylvania Associalion at MIMmission expires June 6, 2002
CUMBERlAND COUNTY SHERIFFS OFFICE
CUMBERlAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
l
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 $
504.24
1.50
505.74
Publisher's Receipt for Advertising Cost
The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid.
By............................""....................................
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REAL 1IlSll':A'II'E SME NO, 51
Writ No. 2000-5376 Civtl
Principal Residential
Mortgage, Inc.
vs.
James B. SWett, Jr. and
Amy L. SWett
Atty.: Frank Federman
ALL TIIOSE CERTAIN tracts of
land. together with the improvements
thereon erected, situate in the Town-
ship of Monroe, County of Cumber-
land, and State of Pennsylvania,
bounded and described as follows,
to wit:
TRAcr NO, I:
BEGINNING at a point on the
northern line of Hillside Drive, which
point is at the line dividing Lot Nos.
36 and 37, on the Plan of Section 2
of Rebert Acres as recorded in
Cumberland Caunty Reeamer's Of- ;
flce in Plan Book 23, page 144: i
thence .along the northern line of
Hillside Drive, North 85 degrees II
minutes West, a distance of 100.00
feet to a point marked by an iron
pin; thence continuing along the
said l1ne of Hillside- Drive in a south-
westerly direction by the arc of a '
circle curving to the left, said circle
having a radius of 50.00 feet, the
arc distance of 20.00 feet; thence
extending along the line of land now
or late of Helen C. Rebert, of which
this was a part, North 85 degrees
11 minutes West. 68.93 feet to a
point: thence along the line of land
of the same, North 04 degrees 48
m1nutes 30 seconds East, 213.19
feet to an iron pin at southwest cor-
ner of Lot now or late of Earl Ferten-
baugh, and wife: thence extending
along the line of said Lot now or
late of Earl Fertenbaugh and wife,
South 86 degrees 41 minutes East,
87.49 feet to a point at the north-
west comer of Lot No. 36. on the
Plan of Section 2 of Rebert Acres as
recorded in the Cumberland County
Recorder's Office in Plan Book 23,
page 144, aforementioned, thence
extending along the northern line of
said Lot NO. 36, South 85 degrees
II minutes East, a distance of 100-
.00 feet to the western line of Lot
No. -2']:, onth€ $ove mentionec;1 Plan
of Lots: thence extending along the
western line of said Lot No. 37,
South 04 degrees 49 minutes West.
a distance of 200.00 feet to a point
on the northern Itne of Hfllside
Drive, at the Point and Place of Be-
ginnlIlg.
"'
BEING comprised of Lot No. 36
on the subdivision plan of Section 2
of Rebert Acres as recorded in the
Cumberland County Recorder's Of-
fice in Plan Book 23, page 144: and
Lot No. 2 'on the final subdivision
Plan for Helen Rebert, which said
Plan is recorded in the Cumberland
County Recorder's Office in Plan
Book 32, page 10.
TRAcr NO.2:
BEGINNING at a point marked
by an tron pin the northern line of
Hillside Drive. at the southwest cor-
ner of other lands of the Grantor
herein, to be conveyed herewith:
thence extending along the north-
ern line of Hillside Drive in a south-
westerly direction by an arc of a
circle curving to the left, said circle
having a radius of 50.00 feet, the
arc distance of 20.00 feet: thence
extending along the line of lands now !
or formerly of Helen C. Rebert,
North 85 degrees 11 minutes West,
68.93 feet to a point; thence along
the line of lands of the same. North
04 degrees 48 minutes 30 seconds
East. 213.19 feet to an iron pin at
southwest corner of Lot now or late
of Earl Fertenbaugh and Wife;
thence extending along the line of
said Lot now or late of Earl
Ferlenbaugh and wife South 86 de-
grees 41 minutes East 87.49 feet
to a point at the northwest corner
of said other land of the Grantor
herein. as aforementioned; thence
extending along the line of said other
land of the Grantor herein. South
04 degrees 49 minutes West, 200
feet to an iron pin in the northern
line of Hillside Drive, aforemen-
tioned, at the Point and Place of Be- ,
gtnntng. ,
BEING Lot No.2, on the final'
subdivision Plan for Helen Rebert,
which said Plan is recorded in the '
Cumberland Caunty Recorder's UI-
fice in Plan Book No. 32, page 10.
Tax Parcel #22-24-0773-039.
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 ofthe 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,
VlZ:
APRIL 27, MAY 4,11, 2001
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.
J~ "'
Rog M. Morgenthal, Editor
SWORN TO AND SUBSCRIBED before me this
11 day of MAY. 2001
NOT. .
lOI$ E.. 'SNYDE~ PublIc
CaIlIliIe,BclIo,tum . CountY
~ CornmlssIon ExpinlSMerdl 5, 2CI05 '.
'~"!l'--'ffljl~""W;Tmr ~ ~
~.
.