HomeMy WebLinkAbout00-08672
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MAR 2 2 200tIJ
THE LAW OFFICES OF BARBARA A. FEIN, P.c.
Barbara A. Fein / LD. No. 53002
Kristen J. DiPaolo / LD. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorneys for Plaintiff
AMERICAN BUSINESS
CREDIT, INC.,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 00-8672
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v.
ARAFAT MASWADEH and
THE UNITED STATES OF AMERICA,
Defendants.
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JUDGMENT BY STIPULATION BETWEEN THE PLAINTIFF,
AMERICAN BUSINESS CREDIT, INC. AND
THE DEFENDANT, THE UNITED STATES OF AMERICA
It is hereby stipulated and agreed by and between counsel for the Plaintiff, American
Business Credit, Inc., and the Defendant, The United States of America, as follows:
1. That the premises located at 335-337 North West Street, within the Borough of
Carlisle, Cumberland County, Pennsylvania, also known as Tax Parcel/Folio No. 05-20-1798-
055 ("Mortgaged Property"), as more fully described in Exhibit "A" of the instant Complaint
in Mortgage Foreclosure, are owned by the Defendant, Arafat Maswadeh, subject to a mortgage
in favor of American Business Credit, Inc.
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2. That the federal lien(s) referred to in Plaintiff's Complaint in Mortgage
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Foreclosure is junior in time to Plaintiff's mortgage, that being dated August 3, 1999 and
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recorded on August 16, 1999 at Mortgage Book/Volume 1564, Page 60 in the Cumberland
County Recorder of Deeds' Office.
3. That Defendant, The United States of America, is not indebted to the Plaintiff.
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4. That Defendant, The United States of America, agrees to the entry in this action
of this judgment in favor of the Plaintiff and against the United States of America, for
foreclosure and sale of the Mortgaged Property.
5. That the Mortgaged Property shall be sold at a judicial sale, notice of which shall
be served on the Defendant, The United States of America, to the Assistant U.S. Attorney
executing this Judgment by Stipulation.
6. That the judicial sale of the Mortgaged Property shall discharge the federallien(s)
referred to in the Complaint in Mortgage Foreclosure.
7. That any proceeds derived from the sale shall be divided and distributed as the
parties may be entitled and any funds due to The United States of America shall be sent to the
Financial Litigation Unit at, U.S. Attorney's Office Room 309, Federal Building, Scranton, PA
18501.
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8. That the Defendant, The United States of America, preserves its right of
redemption as provided under Title 28, U.S.C. Section 241O(c).
9. The parties to this Judgment by Stipulation shall bear their own respective costs
in this proceeding.
BY:
Kri en' . Di aolo, Esquire
A1ttorney J.D. No. 79992
Attorney for Plaintiff
UNITED STATES ATTORNEY FOR
THE MIDDLE DISTRICT OF PENNSYLVANIA:
BY:
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Jo II J. T z, Esquire
Assis t U. . Attorney
Attorney fo the Defendant
The United States of America
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AND NOW this z 3' .vi' day of Y>1/lilu(, 2001, it is hereby ordered and
decreed that this Judgment by Stipulation shall be entered as an Order of this Court.
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OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Court House
One Courthouse Square
Carlisle, PA 17013
CURTIS R. LONG, PROTHONOTARY
TO: Arafat Maswadeh
c/o Cumerland County Prison
1101 Claremont Road
Carlisle, PA 17013
AMERICAN BUSINESS
CREDIT, INC.,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 00-8672
v.
ARAFAT MASWADEH and
THE UNITED STATES OF AMERICA
Defendants.
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you
are hereby notified that a judgment has been entered against you in
the above captioned proceeding as indicated below.
CURTIS R. LONG, PROTHONOTARY
[XX] Judgment by Stipulation (Consent) Entered between
Plaintiff and the Defendant, The United States of America
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
BARBARA A. FEIN, ESQUIRE AT (215) 653-7450.
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THE LAW OFFICES OF BARBARA A. FEIN, P.C. Our File No. 00-5666
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. DiPaolo, Esquire / I.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) ~ 653-7450
Attorney for Plaintiff
AMERICAN BUSINESS
CREDIT, INC.,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 00-8672
v.
AFAFAT MASWADEH AND
THE UNITED STATES OF AMERICA,
Defendant (s) .
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Arafat Maswadeh
Cumberland County Prison
1101 Claremont Road
Carlisle, PA 17013
The United States of America
c/o U.S. Attorney General
U.S. Department of Justice
10th and Pennsylvania Avenues
Washington, D.C. 20530
The United States of America
c/o U.S. Attorneys' Office
ATTN: Mary Padgett
228 Walnut Street
Harrisburg, PA 17108
Your house at 335-337 North West Street, Carlisle, Cumberland
County, is scheduled to be sold by the Cumberland County Sheriff's
Department on Wednesday, September 5, 2001, at 10:00 A.M., at the
Cumberland County Court House, 1 Courthouse Square, Carlisle,
Pennsylvania, to enforce the Court judgment of $44,551.05 obtained
by Plaintiff American Business Credit, Inc. against you.
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NOTICE OF OWNERS' RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale, you must take immediate
action:
1. This sale will be canceled if you pay to Plaintiff
Mortgagee the back payments, late charges, costs and
reasonable attorneys' fees due. To find out how much you
must pay, you may call Kristen J. DiPaolo, Esquire at
(215) 653-7450.
2. You may be able to stop the sale by filing a petition
asking the Court to strike or open the Judgment, if the
judgment was improperly entered. You may also ask the
Court to postpone the sale for good cause.
3. You may also be able to stop the sale through other legal
proceedings.
You may need an attorney to assert your rights. The sooner
you contact one, the more chance you will have of stopping the
sale. (See notice below on how to obtain an attorney) .
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND
YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will
be sold to the highest bidder. You may find out the
price bid by calling Kristen J. DiPaolo, Esquire at (215)
653-7450, or by calling the Cumberland County Sheriff's
Department at (717) 240-6390.
2. You may be able to petition the Court to set aside the
sale if the bid price was grossly inadequate compared to
the value of your property.
3. The sale will go through only if the buyer pays the
Sheriff the full amount bid in the sale. To find out if
this has happened, you may call Kristen J. DiPaolo,
Esquire at (215) 653-7450, or by calling the Cumberland
County Sheriff's Department at (717) 240-6390.
4. If the amount due from the buyer is not paid to the
Sheriff, you will remain the owner of the property as if
the sale had never happened.
5. You have the right to remain in the property until the
full amount due is paid to the Sheriff and the Sheriff
gives a deed to the buyer. At that time, the buyer may
bring legal proceedings to evict you.
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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
Philadelphia County Sheriff on or about thirty (30) days
from the date of Sheriff's Sale. This schedule will
state who will be receiving that money. The money will
be paid out in accordance with this schedule unless
exceptions (reasons why the proposed distribution is
wrong) are filed with the Sheriff within ten (10) days
after the distribution sheet is posted.
7. You may also have other rights and defenses, or ways of
getting your house back, if you act immediately after the
sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
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ALL THAT CERTAIN tract of land situate in the Borough of
Carlisle, County of Cumberland and State of Pennsylvania, being
known 'and numbered 335 and 337 North West Street, now 337 North
West Street, bounded and described as follows:
ON the West by North West Street, on the North by land now or
formerly of Harry Lackey, on the East by a private alley and on the
South by property now or formerly of Jacob Newman; containing 24
feet, more or less, in front on North West street and extending in
depth 98 feet, more or less, to said private alley, having thereon
erected two dwelling houses and other improvements; and being
known as No. 335 and 337 North West Street.
AND BEING the same premises which Geraldine Hibner, Guardian
of the Estate of Geraldine Robinson, conveyed unto Arafat Maswadeh,
by Deed dated November 21, 1996 and recorded in the Office of the
Recorder of Deeds for Cumberland County on November 27, 1996, in
Deed Book Volume 149, Page 839.
ALSO BEING KNOWN as Tax Parcel No. 05-20-1798-055.
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REAL ESTATE SALE NO.5
Writ No. 2000-8672 Civil
American Business Credit. Inc.
VB.
Arafat Maswadeh and
The United States of America
Atty.: Barbara A Fein
ALL TIIAT CERTAIN tract of land
situate in the Borough of Carlisle.
County of Cumberland and State of
Pennsylvania. being known and
numbered 335 and 337 North West
Street. now 337' North West Street.
bounded and described as follows:
ON the West by North West Street.
on the North by land now or for-
merly of Harry Lackey. on the East
by a private alley and on the South
by property now or formerly of Ja-
cob Newman; containing 24 feet.
more or less, in front on North West
Street and extending In depth 98
feet, more or less. to said private al-
ley. having thereon erected two
dwelling houses and other improve-
ments; and being known as No. 335
and 337 North West Street.
AND BEING the same premises
which Geraldine Hibner. Guardian
of the Estate of Geraldine Robinson.
conveyed unto Ararat Maswadeh. by
Deed dated November 21. 1996 and
recorded in the Office of the Record-
er of Deeds for Cumberland County
on November 27, 1996. in Deed Book
Volume 149. Page 839.
ALSO BEING KNOWN as Tax
Parcel No. 05-20-1798-055.
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PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATEOFPENNSYLVANIA :
ss.
COUNTY OF CUMBERLAND :
Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County
and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland
Law Journal, a legal periodical published in the Borough of Carlisle in the County and State
aforesaid, was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
JULY 20, 27, AUGUST 3, 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.
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SWORN TO AND SUBSCRIBED before rne this
3 day of AUGUST. 2001
, NOTARIAlSEAt.
LOIS E. ~PubIIc
MyC:=~Mard1~
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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 The
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 reguiar daily andlor Sundayl Metro editions which appeared on the 24th and 31st day(s) of July and the 7th
day(s) of August 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, piace and character of publication are
true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimousiy passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in
the office for the Recording of Deeds in and for said County of Dauphin 'ntiscellaneous Book "M",
Volume 14, Page 317.
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REAL ESTJitE SALE No.5
..Writ No.2Q0Q.8672
.. ClvilTerm
American Business
Credit,lnc.
vs
Arafat Maswadeh artd
. . The United States
.of Amerlca
. Atty: Barbara A. Fein
. . DESCRIPTION .
NotarialSaal
Ttmy L. Russell, Notary Pu
Harrisburg, Oauphin Co
My Com""..lon Expires June i. 2 OT ARY PUBLIC
Member, Pennsyrvanla Association It Natarie5My commission expires June 6, 2002-
CUMBERLAND COUNlY SHERiFFS OFFICE
CUMBERlAND COUNlY COURTHOUSE
CARLISLE, PA. 17013
I\LL THAT CDRTAfN tract of land ~ituale in thl:
Borough,of ('arli~k:, County of Cumberland and
Slate "of' Pennwlwnia, ~ing ~nown and
numbered': 335 and 337 North We~t Street. now
337 NOl1b West Street, ix.mnded and dcscrihed as
follow!>: , .
ON !hi.: Wr;.~t by North W~~l Street. on the North
! by laixl"ii(iv{'orfonncrly of Harry Lade" on the
, .'East by 3. 'privale alley and Qn the South by
. pro'pctty.' n\1w or fonnerly of !arob' Newman;
toiuainfrig :!4lt'Ct, more or Ie,s, 1Il fronl on Ne)1'th
\Ve:;t Street and extending in depth 9& f~t, more
Dr, less,".ih SJid prtvate alley, having thereon
erected tWQ dwell in,!!' b()uscs _ and ()ther
jmpro\'eincn~~.~'i'fcI""&mg knlJwn-Js Nci. 335 ancr
3"37 Nonn We~r StrcCl.
AND BE1~Glhc ~i.1II1l: pTemise~ which Gl'rakline
Hibner, G.Llurdian of the Estate of Geraldine
Robinson. cOn\'t'Yl'd unto Amra! MaswJdch, by
Deed wted No\"cmlxr:21. 199h and reconleJ in
thl: Office of, thl: Recorder 01" DCt't!~ for
Ctimberland County on !\ovcmbcr '1.7, 1~6, in
Dced Book Voluml: 14Q. Pa!!'c R3Y.
ALSO BErNG KNOWN a; Tax Parcel No. 05.
20-1798'-"055.
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 $
224.10
1.50
225.60
Publisher's Receipt for Advertising Cost
, publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general
~ receipt of the aforesaid notice and publication costs and certifies that the same have
By....................................................................
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STATE OF PENNSYLVANIA,
COUNTY OF CUMBERLAND
} 55.
Robert P Ziegler
I, ______________________________________________________________________________Ilecorderof
Deeds in and for said County and State do 'he~by certify that the Sherifrs Deed in which ________________
Housing Authority'of the County of Cumberland
___________________________.__________..____._______________________________________ u thegtanree
5th
the same having been sold to said grantee on the _____________h________________________________ day of
~.:?.~~~~_e_'.:_____________________________ A. D.,; 01 _____, under and by virtue of a wriL____________
24th
Execution .
__________________________ ____________ _____ _____ ISSUed on the ___ _ _______ __ ___ __ __ ____ __ __ __ _______
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cia f pr~"C':ccDC'~ > A. D
y 0 __________________________ ..
Civil
______________________________". _______ _ _________ __ ________________ ____ ___. __ _____ Term, :
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_____, out of the Court of Comrnan Pleas of said County as of
9.9---
, 8672 American Business Credit Inc
Number ______________, at the suit of _______________________________________________h______________
. Arafat Maswadeh & United States of Ameri~a
________________ ____.._______ ___ ____ agalnst___.... ___ __.. ________________ __ __ ____ ____ ______ _______ IS
248 4063
duly recorded in S1terifrs Deed Book No. ____________, Page ____________.
IN TESTIMONY WHEREOF, I have he~unto
set my hand and seal of said office thu -----~1---- day
of ________~_________ A. D., J..-Q_QL
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Recorder of !leeds, eum~~'R\I County, Cart~le. PA
My CommissiOn Expires tile First Monday 01 Jill. 2002
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American Business Credit, Inc.
VS
Arafat Maswadeh
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No.2000-8672 Civil
Michael Barrick, Deputy Sheriff, who being duly sworn according to law, says on
May 2, 2001 at 8:18 o'clock PM EDST, he served a true copy of Real Estate Writ Notice
Poster and Description in the above entitled action upon one of the within named
defendants to wit: Arafat Maswadeh, by making known unto Arafat Maswadeh at 1101
Claremont Road(Cumberland County Prison) Carlisle, Cumberland County,
Pennsylvania. its contents and at the same time handing to him personally the said true
and attested copies of the same.
David McKinney, Deputy Sheriff, who being duly sworn according to law, states
on July 6, 2001 at 8:26 o'clock P.M., EDST, he posted a copy of the Real Estate Writ,
Notice, Poster and Description on the property of Arafat Maswadeh located at 335-337
North West Street, Carlisle, Cumberland County, Pennsylvania 17013, according to law.
Property located at 335-337 North West Street, Carlisle, PA 17013 is vacant.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he
served the above Real Estate Writ, Notice, Poster and Description in the following
rnanner: The Sheriff mailed a pendency of the action by regular rnail to one of the within
named defendants, to wit: Arafat Maswadeh, at his last known address of The
Cumberland County PriSOl,l, 1101 Claremont Road, Carlisle, PA 17013. This letter was
mailed under the date of July 9, 2001 and never returned to the Sheriffs Office.
R. Thornas Kline, Sheriff, who being duly sworn according to law, says that after
due and legal notice had been given according to law, exposed the within described
prernises at public venue or outcry at the Court House, Carlisle, Cumberland County,
Pennsylvania, on September 5, 2001 at 10:00 o'clock A.M., E.D.S.T. He sold the same
for the sum of $23,345.00 to Attorney Christopher Houston for the Housing Authority of
the County of Cumberland. It being highest bid and best price received for the same, the
Housing Authority of the County of Cumberland of 114 North Hanover St., Carlisle,
Pennsylvania 17013, being the buyer in this execution, paid SheriffR. Thornas Kline the
sum of$24,598.50.
Sheriff s Costs:
Docketing
Poundage
Advertising
Posting Handbills
Acknowledging Deed
Auctioneer
Law Library
Prothonotary
Mileage
Certified Mail
Levy
Surcharge
$30.00
466.90
15.00
15.00
30.00
10.00
.50
1.00
9.45
1.74
15.00
20.00
Law Joumal
Patriot News
Share of Bills
Distribution of Proceeds
Sheriffs Deed
209.60
225.60
25.66
25.00
26.50
$1,126.95
Sworn and subscribed to before me
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So Answers:
This:7;IM-dayof(}~ ~~""J<'~
2001, A.D. ~ (}. ~ . R. Thomas Kline, Sheriff
rothonotary ,~
ByqO~ S~
Real Estate Deputy
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30 ,lJO
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W~l;rR-'f EXECUTION and/or ATTACHMENT
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COMMONWEALTH OF PENNSYLVANIA) NO. 00-8672 CIVIL 1l$X TERM
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF
Cumberland
COUNTY:
To satisfy the debt, interest and costs due American Business Credit, INc.
PLAINTIFF(S)
from Arafat Maswadeh and The United States of America, 335-337 North West Street,
Cadisle, PA
DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell See Leqal Description
(2) You are also directed to attach the property ot Ihe defendanl(s) nollevied upon in Ihe possession of
'.
GARNISHEE(S) as follows:
and to nOlny Ihe 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 defendanf(s) and from delivering any property of Ihe defendant(s) or otherwise disposing
thereof;
(3) If property oflhe defendant(s) not levied upon an subjectlo attachment is found in the possession of anyone other
than a named garnishee, you are direc\edto notify him/hertha! he/she has been added as a garnishee and is enjoined as above
stated.
Amount Due
$44, 551. 05
L.L.
Due Prothy
Other Costs
$.50
Interest fmm 'l/lS/01 $1771.68
Atty's Comm %
$1.00
Atty Paid
Plaintiff Paid
$112,10
Date:
April 24, 2001
Curtis R. Long
Prothonotary. Civil Division
by~
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7?{"'1~4/
Deputy
Address:
REQUESTING PARTY:
Barbara A. Fein, Esq.
425 Ccmnerce Drive, Suite 100
Fort Washington, PA 19034
Plaintiff
Attorney lor:
Telephone:
Supreme Court 10 No.
215-653-7450
53002
Name
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interest in the real property ~ittlilt!!d ill e ~ 13rf}ou'i~
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lumbered as: 33'5 - 337f)67fh... W~
Cumberland County, Pa" know
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i,led on Exhibit "A" filed with
this writ and by this reference incorporated herein.
'late: 1Il"fj ;1,;;00 I By: ~~ CC~
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SCHEDULE OF DISTRIBUTION
SALE NO. 05
Writ No. 2000-8672 Civil Term
American Business Credit, Inc.
VS
Arafat Maswadeh and The United States of America
Date of Sale:
Buyer:
Bid Price:
September 05, 2001
Housing Authority of The County of Cumberland
$23,345.00
Real Debt
Interest
Attorney writ costs
Total
Distribution
Amount Collected
Legal Search
Local Transfer Tax
State Transfer Tax
Sheriff's Costs
Commonwealth of
Pennsylvania
Cumberland County Tax
Claim Bureau
Credit Writ No. 2000-8672
So Answers:
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R. Thornas Kline, Sheriff
$44,551.05
1,273.68
112.10
$45,936.83
$24,598.50
200.00
293.30
293.30
1,126.95
904.88
567.62
21,212.45
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Filed October 5, 2001
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TITLE REPORT
THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING
ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY
EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED.
SHERIFF SALE NO.5
Held Wednesday, September 5, 2001
Date: September 5, 2001
TAXES: Receipts for all taxes for the year 1998 to 2000 inclusive. Taxes for the current year
2001.
WATER RENT:
SEWER RENT
Cornpany assumes no liability for private supply of water or sewer.
Receipts to be produced if services are lienable.
MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims.
MUNICIPAL CLAIMS
MORTGAGES: Listed Under Other Exceptions Below.
JUDGMENTS: Listed Under Other Exceptions Below.
INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to
dated , 2001, and recorded
,2001, in Cumberland County Deed Book ,Page
RECITAL: BEING the same premises which Geraldine Hibner, Guardian of the Estate of
Geraldine Robinson by deed dated November 21,1996 recorded November 21,1996 in the Office
of the Recorder of Deeds in and for Cumberland County in Carlisle, Pennsylvania in Deed Book
149, Page 839 granted and conveyed to Arafat Maswadeh.
OTHER EXCEPTIONS:
I. The identity and legal competency of parties at the closing of this title should be
established to the satisfaction of the closing attorney acting for this Company.
2. Rights or claims of parties in possession, if any, other than the owner.
3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area
and encroachments which an accurate and complete survey would disclose.
4. Payment of State and local Real Estate Transfer Taxes, if required.
5. Public and private rights in the roadbed of 60 feet wide North West Street and in an un-
named alley in the rear of the premises.
6. Mortgage in the amount of $28,000.00 given by Arafat Maswadeh to American Business
Credit, Inc. dated August 3,1999 recorded August 16, 1999 in Mortgage Book 1564,
Page 60.
Complaint in Mortgage Foreclosure ftled by American Business Credit, Inc. as Plaintiff
against Arafat Maswadeh and the United States of America as Defendants in the Office
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of the Prothonotary of Cumberland County to file number 2000-8672. Judgment in the
amount of $44,551.05 entered March 15,2001.
7. Delinquent real estate taxes tumed over to the Cumberland County Tax Claim Bureau.
Total tax due as of the date of this report, $567.62.
8. Federal tax lien in the amount of $5,634.59 entered by the United States Treasury
Department as Plaintiff against Arafat and Wafa Maswadeh as Defendants in the Office
of the Prothonotary of Cumberland County on October 13, 2000 to file number 2000-
7066.
9. Confession of judgment in the amount of $47,003.03 entered by American Business
Credit, Inc. as Plaintiff against Arafat Maswadeh as Defendant on November 28, 2000
in the Office of the Prothonotary of Cumberland County to file number 2000-8288.
10. Assignment of Leases recorded in Miscellaneous Record Book 622, Page 1033.
II. Satisfactory evidence to be produced that proper notice was given to the holders of all
liens and encumbrances intended to be divested by subject Sheriff Sale.
12. Real estate taxes accruing on and after January 1,2002 not yet due and payable.
It is to be noted that no search of Domestic Relations Records has been made to
determine support arrearages regarding Honse Bill 1412, Act 58 of 1997, nor has any
search been made for environmental liens in Federal District Court.
ri!
Robert G. Frey, Agent
Note: This Title Report shall not be valid or
until countersigned by an authorized signato
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REAL ESTATE SALE NO. 5
Writ No. 2000-8672 Civ1l
American Business Credit, Inc.
vs.
Arafat Maswadeh and
The United States of America
Atty.: Barbara A. Fein
ALL TIlAT CERTAIN tract of land
situate in the Borough of Carlisle,
County of "Cumberland and State of
Pennsylvania. being known and
numbered 335 and 337 North West
Street, now 337 North West Street,
bounded and described as follows:
ON the West by North West Street.
on the North by land now or for-
medy of Harry Lackey. on the East
by a private alley and on the South
by property now or formerly of Ja-
cob Newnian; containing 24 feet,
more or less. in front on North West
Street and extending in depth 98 "-~_."------.."
feet. more or less, to said private al-
ley, having thereon erected two
dwelling houses and other tmprove-
ments; and being known as No. 335
and 337 North West Street.
AND BEING the same premises
which Geraldine Hibner, Guardian
of the Estate of Geraldine Robinson,
conveyed unto Arafat Maswadeh. by
Deed dated November 21. 1996 and
recorded in the Office of the Record-
er of Deeds for Cumberland County
on November 27. 1996. in Deed Book
Volume 149. Page 839.
ALSO BEING KNOWN as Tax
Parcel No. 05-20-1798-055.
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THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. DiPaolo, Esquire / I.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorney for Plaintiff
Our File No. 00-5666
AMERICAN BUSINESS
CREDIT, INC.,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 00-8672
v.
AFAFAT MASWADEH AND
THE UNITED STATES OF AMERICA,
Defendant (s) .
AFFIDAVIT UNDER PA. RCP RULE 3129
American. Business Credit, Inc., Plaintiff in the above
captioned mortgage foreclosure action, sets forth as of the date
the praecipe for the Writ of Execution was filed, the following
information concerning the real property located at 335-337 North
West Street, Carlisle, cumberland County, Pennsylvania, was true
and correct to the best of its knowledge, information and belief.
1. Name and address of each Owner and/or Reputed Owner:
Arafat Maswadeh
Cumberland County Prison
1101 Claremont Road
Carlisle, PA 17013
The United States of America
c/o U.S. Attorney General
U.S. Department of Justice
10th and Pennsylvania Avenues
Washington, D.C. 20530
The United States of America
c/o U.S. Attorneys' Office
ATTN: Mary Padgett
228 Walnut Street
Harrisburg, PA 17108
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2. Name and address of each Defendant named in the judgment:
Arafat Maswadeh
Cumberland County Prison
1101 Claremont Road
Carlisle, PA 17013
The United States of America
c/o U.S. Attorney General
U.S. Department of Justice
10th and pennsylvania Avenues
Washington, D.C. 20530
The United States of America
c/o U.S. Attorneys' Office
ATTN: Mary Padgett
228 Walnut Street
Harrisburg, PA 17108
3. Name and last known address of every judgment creditor whose
judgment is a record lien on the real property to be sold:
None
4. Name and address of the last recorded holder of every mortgage
of record:
American Business Credit, Inc., Plaintiff
111 Presidential Boulevard, Suite 137, Bala Cynwyd, PA 19004
5. Name and address of every other person or entity which has any
record lien on the property:
None
6. Name and address of every other person or entity which has any
record interest in the property and whose interest may be
affected by the sale:
Borough of Carlisle
Water & Sewer Department
53 West South Street
Carlisle, PA 17013
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Darlene Moyer
Tax Collector
Capital Tax Collection Bureau
19 S, Hanover Street
Carlisle, PA 17013
Cumberland County Tax Claim Bureau
1 Courthouse Square
Carlisle, PA 17013
7. Name and address of every other person of whom the Plaintiff
has knowledge who may have an interest in the property which
may be affected by the sale:
Tenant/Occupant
335-337 North West Street
Carlisle, PA 17013
Cumberland County Domestic Relations
13 N, Hanover Street
Carlisle, PA 17013
Commonwealth of pennsylvania
Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
I verify that the statements made in this Affidavit are true
and correct to the best of my personal knowledge, information and
belief, I understand that false statements herein are made subject
to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn
falsification to authorities.
Date: April 23, 2001
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
BY:
a
Barbara A. Fein, Es ire
Attorney I.D. No.5 002
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THE LAW OFFICES OF BARBARA A. FEIN,
Barbara A. Fein / I.D. No. 53002
Kristen J. DiPaolo / I.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorneys for plaintiff
AMERICAN BUSINESS
CREDIT, INC.,
plaintiff,
v.
ARAFAT MASWADEH and
THE UNITED STATES OF AMERICA,
Defendants.
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P.C.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 0:)- J"7~
Ceo',{ '7-~
CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE
NOTICE NOTICIA
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND
AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES,
YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER
THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A
WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND
FILING IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU
ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY
PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED
AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR
ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER
CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY
LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT
WHERE YOU CAN GET LEGAL HELP.
Cumberland County Court Administrator
4th Floor
CUmberland County Court House
1 Courthouse Square
Carlisle, PA 17013
(717\ 240-6200
LE HAN DEMANDADO A USTED EN LA CORTE. 51 USTED
QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS
PAGINAS SIGUIENTES, USTED TIENE (20) DIAB DE PLAZO A
PARTIR DE LA PECHA DE LA DEMANDA Y LA NOTIFICACI0N.
USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA 0 EN
PERSONA 0 POR ABOGADO Y ARCHIVAR EN LA CORTE SUS
DEFEN5AS 0 SUS OBJEC10NES A LAS DEMANDAS ENCONTRA DE
SU PERSONA. SEA AV1SADO QUE 51 USTED NO SE DEF1ENDE,
LA CORTE TOMARA MEDIDAS Y PUEDB ENTRAR UNA ORDEN
CONTRA USTED SIN PREVIO AVISO 0 NOTIF1CACION 0 POR
CUALQIER QUEJA 0 AL1VIO QUE ESPEDIDO EN LA PETICIQN
DE DEMANDA. USTED PUEDE PERDER D1NERQ, SUS
PROP1EDADES 0 OTROS DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. S1
NO TIENE ABOGAnO 0 S1 NO TIENE EL DINERO SUF1CIENTE
PARA PAGAR TAL SERV1C1Q, VAYA EN PERSONA 0 LLAME POR
TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA
ESCRITA ABAJO PARA AVERIGUAR DONDE USTED PUEDE
CONSEGUIR ASISTENC1A LEGAL.
Cumberland County Court Administrator
4t.h Floor
Cumberland County Court House
1 Court.house Square
Carlisle, PA 17013
(717) 24(1- 6200
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NOTICE REQUIRED UNDER THE FAIR
DEBT COLLECTION PRACTICES ACT,
15 U.S.C. ~ 1601 (AS AMENDED) AND
THE PENNSYLVANIA UNFAIR TRADE PRACTICES
ACT AND CONSUMER PROTECTION LAW,
73 PA. CON. STAT. ANN. ~ 201, ET SEQ. ("THE ACTS")
To the extent the Acts may apply, please be advised of the
following:
1. The amount of the original debt is stated in the Complaint
attached hereto.
2. The Plaintiff who is named in the attached Complaint and/or
its loan servicing agents are Creditors to whom the debt is
owed.
3. The debt described in the Complaint attached hereto and
evidenced by the copies of the mortgage and note will be
assumed to be valid by the Creditor's law firm, unless the
Debtors/Mortgagors, within thirty days after receipt of this
notice, dispute, in writing, the validity of the debt or some
portion thereof.
4. If the Debtors/Mortgagors notify the Creditor's law firm in
writing within thirty days of the receipt of this notice that
the debt or any portion thereof is disputed, the Creditor's
law firm will obtain verification of the debt and a copy of
the verification will be mailed to the Debtor by the
Creditor's law firm.
5. If the Creditor who is named as Plaintiff in the attached
Complaint is not the original Creditor, and if the
Debtor/Mortgagor makes written request to the Creditor's law
firm within thirty days from the receipt of this notice, the
name and address of the original Creditor will be mailed to
the Debtor by the Creditor's law firm.
6. written request should be addressed to:
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Attention: Kristen DiPaolo, Esquire
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
* THIS LETTER MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT
AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE
1. The Plaintiff, American Business Credit, Inc. is a
corporation having been organized under the laws of the
Commonwealth of Pennsylvania and having its principal place of
business at 111 Presidential Boulevard, Suite 215, Bala Cynwyd, PA
19004.
2. (a) The Defendant, Arafat Maswadeh, is an individual
whose last known address is 335 North West Street, Carlisle, PA
17013 .
(b) The Defendant, Arafat Maswadeh, holds an interest in
the subject property as both a Real Owner and Mortgagor.
(c) If the above named Defendant is deceased, this
action shall proceed against the deceased Defendant's heirs,
assigns, successors, administrators, personal representatives
and/or executors through his estate whether the estate is probated.
3. (a) The instant mortgage foreclosure action names the
United States of America as a party Defendant.
(b) The United States of America is named as a party
Defendant by virtue of a judgment, lien or other interest, as
required by federal regulations set forth at 28 U.S.C.A. Section
2410. The regulations mandate that the United States of America
must be named as a defendant, if the United States of America holds
a judgement, lien or other interest against any of the other named
defendants. A copy of the pertinent lien is attached hereto as
Exhibit "A".
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4. (a) The residential mortgage being foreclosed upon is
secured by property located at 335-337 North West Street, address
within Carlisle, Cumberland County, Pennsylvania.
(b) All documents evidencing the residential mortgage
have been recorded in the Recorder of Deeds' Office in Cumberland
County, Pennsylvania.
(c) The Mortgage was executed on August 3, 1999 and was
recorded on August 16, 1999 in Mortgage Book 1564, at Page 60.
(d) The legal description for this parcel is attached
and incorporated as Exhibit "B" (Mortgaged Premises) .
(e) By virtue of Pennsvlvania Rules of Civil Procedure
Rule 1147 (1) and 1019 (g), and on the basis of environmental
responsibility, Plaintiff is not obliged to append copies of the
above mentioned publicly recorded documents to this mortgage
foreclosure action. These documents are, however, appended hereto
and incorporated herein by reference as Exhibit "C".
S. The mortgage is in default because the Defendant above
named failed to timely tender the monthly payment of $411.05 on
April 14, 2000, and thereafter failed to make the monthly payments.
6. As authorized under the mortgage instrument, the loan
obligation has been accelerated.
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7. Plaintiff seeks entry of judgment in rem on the following
sums:
(a) Principal balance of mortgage
due and owing
$27,870.23
(b) Interest due and owing at the
contract rate of 15.99%
calculated from the default
date above stated through
November 18, 2000
1,187.52
Interest due and owing at the
default interest rate of 24.00%
calculated from July 19, 2000
through December 31, 2000
3,065.70
Interest will continue to
accrue at the per diem rate of
$18.,58 through the date
on which judgment in rem is
entered in Plaintiff's favor.
(c) Late Charges due and owing under
the Note in accordance with the
Mortgage Instrument
986.58
(d) Escrow Advances made by Plaintiff
Mortgagee on behalf of
Defendant mortgage account
434.66
(e) Prepayment Penalty as stated in
the Mortgage
8,256.51
(f) Court Costs and fees as recoverable
under the mortgage terms, estimated
250.00
(g) Attorneys' fees
Calculated as 5% of the principal
balance due, in accordance with
the mortgage terms
1,393.51
TOTAL IN REM JUDGMENT SOUGHT BY PLAINTIFF
$43,444.71
8.
(a)
The attorneys' fees set forth as recoverable at
Paragraph 7 (g) are in conformity with Pennsylvania law and the
terms of the mortgage, and will be collected in the event of a
third-party purchaser at a Sheriff's Sale only.
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(b) If the mortgage arrears are to be reinstated or
paid-off prior to the Sheriff's Sale, Plaintiff's actual attorneys'
fees (calculated at counsel's hourly rate) will be charged based
upon work actually performed.
9. (a) The original principal balance of the Mortgage is
less than Fifty Thousand ($50,000.00) Dollars.
(b) Under ACT 6, 41 P.S. ~101, et seg., Plaintiff
Mortgagee is obliged to serve Notice of its Intention to Accelerate
the Mortgage by certified mailing prior to its instituting
foreclosure proceedings.
(c) Appended hereto and incorporated herein by reference
as Exhibit "D" are copies of the Notices required, having been sent
on the date set forth on the Notice.
10. (a) The subject mortgage is governed by ACT 91 of 1983
35 P.S. ~ 1840.401C, et seg..
(b) Under Pennsylvania's ACT 91, Plaintiff Mortgagee is
obligated to serve the Defendants with notice of their rights under
the "Homeowners Emergency Mortgage Assistance Program", by regular
mailing, prior to initiating foreclosure proceedings.
(c) Appended hereto and incorporated herein by reference
as Exhibit "E" are copies of the Notices required, having been sent
on the date set forth on the Notice.
(d) The Defendants have failed to make a timely
application for financial assistance with the Pennsylvania Housing
Finance Agency.
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WHEREFORE, the Plaintiff demands:
Entry of judgment in rem against the Defendants
above named in the total amount of $43,444.71, as
stated at Paragraph 7, plus all additional interest
and late charges accruing through date of judgment
entry; and
Foreclosure and Sheriff's Sale of the subject
mortgaged property.
Respectfully Submitted,
BY:
A. FEIN, P.C.
arbara A. Fein, squire
Attorney for Plaintiff
Attorney I.D. No. 53002
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Ftece1ved: 11/28/00 11: 29AM;
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-> THE ~AW OFFICES OF BARBARA FEIN; page 7
'f:
NOV-2B-00 rUE II: II AM
FAX NO,
p, 07/10
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1'15510 Cumberland County Prothonotary's Office
Civil Case Inquiry
7.000-07066 U ~ TREASURY DEPT (vs) MASWADEH ARAFAT ET AL
1'8ge
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H~fo.r.f.!nr:e No. . :
C,1nfl 'rype... . .: }'J;DERAL TAX LIEN
Juci(Jment.,....: 5634.59
,JncilJn A5SJgned:
lli sposcd Dese.:
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F i 1 ed. . . . . . .. . ;
Time.......... :
Execution Date
Jury Tl'ial. . ,. .
Disposed Date.
Higher Crt 1"
Higher Crt 2.:
10/13/2000
1,56
0/00/0000
0/0010000
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General Index Attorney Info
lJ H TREASURY DEPARTMJ::NT
l'TT'J.'SLlURGH Ort-'ICI:: ROOM 808
1000 LIBER1,'Y AVE
PI'1'T~JlT/RGIl PA 15222 9974
MJ\SWAOEIi ARAPAT
335 N WEST ST
CJ\TH,rSI,E PA 17013 1961
MJlSWlIDEtl WAFA
.135 N WEST ST
CARLlSLP. PA ]7013 1961
PLAINTIFF
DEFENDANT
DEFENDANT
.Judgment Index
MASWADEII ARAFAT
MIISWIIDEH WAFA
Amount
Dilte n""c
5.634.59
5.634.59
10113/2000 TAX LIEN
10113/2000 TAX LI~N
~**'**************.**********.*~*******************t************j**************.
'k Oat.'" F.nt..ries *
*******************************y**************************~****~****************
10/\3/2000 fEOr,nAL TAX LIEN
Ii'IRST ENTRY
- - r.I\ST F.NTRY
********************************************************************************
* Escrow Information *
* '-'em; ~ Dobi.ts Bea Bal Pvmts/AdJ End Ral *
~w*~*.*.~~..***.*..**********************.****** *******************************
n:o 'rAX LI EN
9.00 9.00 .00
------------------------ ------------
9 . 00 9 .00 . 00
~*.***k****~.*...****~********************************.**************~**********
· fond of Case Inform"Uon *
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ALL-lhat =tain tmct ofland situate in the Borough or Carlisle, COUnE)' GfCumbctlal'ld
and State crPennsylVUlla, king knawn and nwnbered. 335 'and J37 North WCGl Stm:t I nOW 337
Nonh W... SlfOCl, haunded 8lld desaribed" fallaws:
ON the West by Nonh West Sb'ect, on the North by J.wf IllIW or fonnerly of Hany
Lackey, on Ihe iast by a privatI! alley anI! on the Sciu!b by property now G( formerly of ]lleOb
Newman; lXlntainins 24 ~ more or less, in torR' on Nonh West Stteet and ex1endin; in dCPIR
98 feer. mote or lieu. 10 said private alIey,_ haYins: tbcnlon erected two dwellina hOllSt$ and other
improvements; aftd hida known as N01 J3S ilnd 331NanJa West Sttcct. .
AND BEING lh. ..... promi... wbio:l1 BJancho Il!udY. sml1lt woman. IlI'nl2d ,.nd
convoyed 10 O...wlne Roblmon. _tor het,;",~ by deod dated JanlWY 17th. 1987..., recorded
in the Oh of the B.cI:ord.cr ofDccd.1br Cumbcdand ,COUnly In Deed 1100k "M'\ Volume 32,
Paso 46.
Geraldine Hibner wa, Bppoi~ Ci_IIlD o(dlc Estata otGualdifte Jlobmsotl, dated
and Bled wilh tIl, Orphan~ COlIrt or CUmberland COlInly on April I a, 1996, No. 21.95-29$,
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DUPliCATE OF ORIGINAL
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_A.merican
~usmess
Credit, Inc.
PA $50,000
and Under
MORTGAGE
LOAN 10 10866
THIS MORTGAGE made this August 3, 1999, is between Arafat Maswadeh with an
address of 335 North West Street, Carlisle, PA 17013 (each jointly and severally, if more than one
person, and hereinafter referred to as :'Mortgagor") and American Business Credit, Inc., the mortgagee
("Lender"), with a mailing address of Balapointe Office Centre, 111 Presidential Boulevard, Suite 215,
Bala Cynwyd, PA, 19004.
In 'c~onsideration for and to secure payment and performance to Lender of all of the
Obligations, as that term is defined in subparagraphs (al through (d) below, Mortgagor has granted,
bargained, sold, conveyed, released, assigned, transferred, pledged, mortgaged and confirmed, and by
these presents does hereby grant, bargain, sell, convey, release, assign, transfer, pledge, mortgage
and confirm unto Lender, its successors and assigns, forever:
ALL THAT CERTAIN real estate situated in the County of Cumberland, Commonwealth of
Pennsylvania, known and designated as 335-337 North West Street, Borough of Carlisle TP# 05-20-
1798-055, conveyed to Mortgagor by Deed dated November 21, 1996, duly recorded in the office for
recording of deeds in said~ County of Cumberland on November 27, 1996 at Deed Book 149,
Page 839, as the Premises are therein described and, if necessary, as more particularly described on
Exhibit "A" attached hereto and made a part hereof (hereinafter the "Premises");
THE PREMISES SHALL INCLUDE all right, title and interest of Mortgagor in and to all present and
luture structures, buildings and improvements located thereon, together with all common areas,
streets, lanes, alleys, passageways, passages, ways, water courses, strips and gores of land,
easements, estates, rights, titles, interests, liberties, privileges, tenements, hereditaments and
appurtenances, Whatsoever thereunto belonging to or in any way made appurtenant thereto; all leases
and subleases of all or any part of the Premises and rights of payment thereunder; the air space above
and' right to use the air space above, and the drainage, crops, timber, agricultural, horticultural,
mineral, water, oil and gas rights with respect to the Premises, at law or in equity, all machinery,
apparatus, equipment, furniture, fixtures, including without limitation, trade fixtures, goods, appliances
and other property of every kind, nature and description whatsoever, now or hereafter located in, on
or about, or attached to or used in connection with, the Premises, together with any and all re-
placements and substitutions thereof and all accessories, parts or accessions thereto now or hereafter
owned by the Mortgagor or in which Mortgagor has or may obtain any interest, and all awards,
damages, payments and/or claims arising out of any eminent domain or condemnation proceeding,
damage or injury to any part of the Premises and/or any buildings, structures or improvements thereon
(the Premises, together with all of the foregoing, is hereinafter referred to as the "Mortgaged Prop-
erty");
TO HAVE AND TO HOLD the Mortgaged Property hereby conveyed or mentioned and intended so
to be, unto Lender, to its own use, forever.
PROVIDED, ALWAYS, that this instrument is upon the express condition that, if Mortgagor
~ EXHIBIT
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ABC6 PA UNDER $0,000
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promptly satisfies all of the Obligations, as hereinafter defined, in accordance with the provisions of
the Loan Documents, as hereinafter defined, and this Mortgage, at the times and in the manner
specified, without deduction, fraud or delay, and if all the agreements, conditions, covenants,
provisions and stipulations contained therein and in this Mortgage and in the Loan Documents are fully
performed and "Complied with, then this Mortg,age and the estate hereby granted shall cease,
determine and become void.
As used in this Mortgage, "Obligations" means any or all of the following:
(a) The indebtedness, liabilities and obligations of Mortgagor to Lender, including all present and
future advances, arising under a certain promissory npte dated August 03, 1999, in the
original principal amount of Twenty-Eight Thousand And 00/100 Dollars ($28,000.00). plus
interest, costs and charges thereon" and/or any amendment, modification, refinancing,
renewal, substitution or extension of the promissory note (hereinafter the "Note"l, and all
other liabilities of Mortgagor to Lender described in any agreements, documents and
instruments executed in connection therewith (hereinafter collectively called the "Loan
Documents");
(b) All other existing and future indebtedness, liabilities and obligations of Mortgagor to Lender
whether sole, joint or several, matured or unmatured, direct or indirect, absolute or contingent,
of any nature whatsoever, and out of what ever transactions arising, including, without
limitation, any debt, liability 6r obligation owing from Mortgagor to others which Lender may
obtain by assignment or otherwise, excepting only any indebtedness constituting "Consumer
Credit" as that term is defined in Regulation Z,12 C.F.R. ~ 226.1 et seq.;
(c) All amounts advanced by Lender for or on behalf of Mortgagor (i) to pay taxes, charges,
assessments or other amounts assessed against the Mortgaged Property not paid by
Mortgagor when due, or (ii) to keep the Mortgaged Property continuously insured if Mortgagor
fails to maintain all insurance coverage~ required hereunder: and the costs of curing any Event
of Default set forth in the Note, this Mortgage or in the Loan Documents which the Lender
elects to cure; and
(d) The reasonable costs and expenses, including attorneys' fees incurred by lender in preserving,
protecting and/or enforcing any of the obligations of Mortgagor specified in (a). (b) and (c)
above. ~
MORTGAGOR REPRESENTS, COVENANTS AND WARRANTS to and with Lender that, until the
Obligations secured hereby are fully paid and performed:
1. Payment and Performance. Mortgagor shall pay to Lender in accordance with the terms of the
Note, this Mortgage and the Loan Documents, the principal, interest and other sums therein and
herein set forth and shall perform and comply with all the, agreements, conditions, covenants,
provisions and stipulations of the Note, this Mortgage and the loan Documents.
2. Warranty of Title. Mortgagor warrants that Mortgagor possesses good and marketable fee simple
title to the Premises, and has all power and authority to mortgage the Mortgaged Property to lender
and to grant a security interest therein in the manner set forth herein.
3. Maintenance of Mortgaged Property. Mortgagor shall keep and maintain or cause to be kept and
maintained the Mortgaged Property, including all buildings and improvements now or at any time
hereafter erected on the Premises ana the sidewalks and curbs abutting them, in good 'order and
condition and repair and shall abstain from and shall not permit the commission of waste of, in or
about the Mortgaged Property.
4. Insurance. Mortgagor shall keep the Mortgaged Property continuously insured against fire and
such other hazards in such amounts as may be required by lender from time to time. All policies of
insurance shall be issued by companies acceptable to lender, and shall contain a standard mortgagee
clause, in favor of lender, and shall provide for at least thirty (30) days prior written notice of can-
cellation or reduction in coverage to Lender, all of which policies are hereby assigned to lender as
additional security for~ the Obligations. If Lender shall become the owner of the Mortgaged Property or
any part thereof by foreclosure or otherwise, such policies, including all right, title and interest of
Mortgagor thereunder, shall become the property of lender. At least thirty (30) days prior to the
expiration date of any insurance policy, Mortgagor shall deliver to lender satisfactory evidence of the
renewal of such insurance and the payment of all premiums therefor. In the event of any loss,
ABC6 PA UNOER 50.000
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Mortgagor will give immediate notice thereof to lender and lender may make proof of loss on behalf
of Mortgagor. Each insurance company concerned is hereby authorized and directed to make
payments under any such policies directly to lender, instead of lender and Mortgagor jointly, and
Mortgagor hereby irrevocably appoints lender as Mortgagor's attorney-in-fact to endorse in
Mortgagor's name on any checks or drafts issued thereon. lender shall have the right to retain and
apply the proceeds of any such insurance, at its reasonable election, to reduction of the, Obligations,
or to restoration and repair of the property damaged.
5. Taxes and Other Charges. Mortgagor shall pay when due and before interest or. penalties shall
accrue thereon, all taxes, charges, assessments and ~ other governmental charges of any kind
whatsoever including electricity, waterand_~s.ewer rents, levied or assessed against the Mortgaged
'Property and will deliver receipts therefore to lender upon request, and shall pay when due all
amounts secured by any prior lien or the Mortgaged Property.
6. Inspection. lender and any persons authorized by lender shall have the right at any time, upon
reasonable notice to Mortgagor, to enter the Premises at a reasonable hour to inspect and photograph
its condition and state of repair.
7. Oeclaration of No Set-Off. Within one (1) week after request to do so by lender, Mortgagor shall
certify to lender or to any assignee or proposed assignee of this Mortgage, in writing duly
acknowledged, the amount of principal, interest and other charges then owing on the Obligations and
on any obligations secured by prior liens upon the Mortgaged Property, if any, and whether there are
any set-offs or defenses against them.
8. Required Notices. Mortgagor shall notify lender promptly of the occurrence of any of the
following:
(a) a fire or other casualty causing damage to all or any part of the Mortgaged Property;
(bl receipt of notice of eminent domain proceedings or condemnation of all or any part of the
Mortgaged Property and Mortgagee hereby grants lender an irrevocable power of attorney to
appear and act for and on behalf of Mortgagor in any and all such proceedings;
Ie) receipt of notice from any governmental authority relating to the structure, use or occupancy
of the Mortgaged Property or any real property adjacent to the Mortgaged Property:
(d) a change in the occupancy of the Mortgaged Property;
(e) receipt of any notice from the holder of any lien or security interest in all or any part of the
Mortgaged Property; or
(f) commencement of any litigation affecting the Mortgaged Property.
9. Mortgage and Liens. Without the prior written consent of lender, Mortgagor will not create or
permit to be created or filed against the Mortgaged Property, any mortgage lien or other lien or
security interest superior or inferior to the lien of this Mortgage, or' in any way modify or amend any
prior lien on the Mortgaged Property.
10. No Transfer. Without the prior wrlttan consent of lender, Mortgagor will not cause nor permit
any transfer of legal or equitable title to, beneficial interest in, or any estate or interest in the
Mortgaged Property, or any part thereof, voluntarily or by operation of law, whether by sale,
exchange, lease, conveyance, merger, consolidation, the granting of any lien or security interest or
otherwise, or any agreement to do any of the foregOing. .
.11. Events of Default. Anyone or more of the following events shall constitute an Event of Default
hereunder:
la) Failure of Mortgagor to make any payment of principal or interest or any other sum promptly
when due on any of the Obligations;
(b) Mortgagor's nonperformance of or noncompliance in any material respect with any other
agreements, conditions, covenants, provisions or stipulations contained in the Note, this
Mortgage or .any of the loan Documents;
(c) Any signature, statement, representation or warranty made in the Note, this Mortgagor or any
of the loan Documents, or in any financial statement, certificate, application, request or other
document furnished to lender by Mortgagor at any time prior to now or hereafter, is not true
and correct in any material respect when made or delivered;
(d) The occurrence of any default under the Note or any of the Loan Documents or under any
other agreement binding the Mort!;!agor or its property;
Aace PA UNOER SO,OQO
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(e) The commencement by or against any Mortgagor of any proceeding under any applicable
'bankruptcy, insolvency or other similar law now or hereafter in effect, the making by any
Mortgagor of any general assignment for the benefit of creditors, the failure of any Mortgagor
generally to pay debts as such debts become due, or the taking of action by any Mortgagor in
further~ned'of any of the foregoing; or
(f) The transfer or sale of any part of the Mortgaged Property or any interest therein, without the
Lender's prior written consent.
12. Remedies of lender.
(a) Upon the occurrence of any Event of Default, the entire unpaid balance of the Obligations,
including interest as has accrued and as may thereafter accrue thereon, and all other sums
secured by this Mortgage, shall become immediately due arid payable, at the option of Lender,
without notice to or demand upon Mortgagor or any other person; and thereupon, in addition
to all other rights or remedies available under the Note or any of the loan Documents, or at
law or in equity, lender may:
(i) forthwith bring an action of mortgage foreclosure hereon, and may proceed to iudgment
and execution to recover the balance due on the Obligations and any other sums that may
be due thereunder, including attorneys fees, costs of suit and costs of sale to the extent,
if any, provided in the Oblig,ations and'permitted by law; and
(ii) enter into possession of Premises, with or without legal action, lease the same, collect all
rents and profits therefrom and, after deducting all costs of collection and administrative
,expenses. apply the net rents and profits to the payment of taxes and other necessary
maintenance and operational costs (including agents' fees and attorneys' fees) or on
account of the Obligations, in such order and in such amounts as Lender in its sole
discretion may elect, and Lender shall be liable to account only for rents and profits
actually received by lender; and
(bl Any real estate sold hereunder or on any other judicial proceedings, may be sold in one parcel
as an entity or in such parcels and in such order and manner as Lender, in its sole discretion.
may elect.
13. Rights and Remedies Cumulative, The rights and remedies of Lender as provided in the Note, this
Mortgage and the Loan Documents shall be cumulative and concurrent, may be pursued separately,
successively or together against Mortgagor, against the Mortgaged Property, or any other person liable
hereunder or thereunder, at the sole discretion of Lender, and may be exercised as often as occasion
thereof shall arise, The failure of Lender to exercise any right or remedy on anyone or more occa-
sions shall in no event be construed a~ a waiver or release thereof. ,
14. Mortgagor's Waivers. Mortgagor hereby waives and releases to the extent permitted by law:
(al All errors, defects and imperfections in any proceeding instituted by Lender under the Note or
this Mortgage, and/or the loan Documents;
tbl All benefits that might accrue to Mortgagor by virtue of any present or future law exempting
the Mortgaged Property, or any part of the proceeds arising from any sale thereof, from
attachment, levy or sale on execution, or providing for any stay of execution, exemption from
civil process or extension of time for payment; and
{cl Unless specifically required herein, all notices of Mortgagor's default or of Lender's election to
exercise, or Lender's actual exercise of any option under the Note or this Mortgage.
15. Future Advances. Without limiting any other provisions of this Mortgage, this Mortgage shall also
secure additional loans or advances hereafter made by lender to or on behalf of Mortgagor. Nothing
contained herein shall impose any obligation on the part of Lender to make any such additionalloan(sl
to Mortgagor, , ~
16. Communications. All communications required or permitted to be given under this Mortgage, ,to
be effective, shall be in writing, and shall be hand delivered or sent by registered mail, postage
prepaid, return receipt requested, addressed to the addresses set forth above or at such other address
as the addressee may hereafter designate in writing in the manner herein provided.
17. Severabmty. If for any reason whatsoever any part of this Agreement shall be declared. void or
invalid, by operation of law or otherwise, in any jurisdiction, then as to such jurisdiction only, such
part shall be void and the remaining provisions of this Mortgage shall remain in all other respects valid
ABC6 PA UNOER 50,000
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and enforceable, and such invalidity shall not invalidate or render unenforceable such provision in any
other jurisdiction.
18. Binding Effect - Amendment. This Mortgage is binding upon and shall inure to the benefit of
Mortgagor and' Lender, and their respective successors and assigns. This Mortgage may not be
changed or amencred except by agreement in writing signed by the party against whom enforcement
of the change or amendment is sought.
19. Applicable Law. The validity, construction, meaning and effect of the provisions of this Mortgage
shall be governed and determined by and under the laws of the Commonwealth'of Pennsylvania.
IN WITNESS WHEREOF, the Mortgagor has hereunto set his hand and seal the day and year first
written. This instrument is intended to constitute an instrument under seal.
t~...A4flJ1.~4 IL.S.l
Arafat Maswadeh, Individual
The undersigned, being authorized to do so, hereby certifies that the precise address of the within
named Mortgagee is 111 Presidential Boulevard, Suite 215, Bala Cynwyd, PA 19004
. .
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The undersigned hereby acknowledges receIpt, without cost, of a true and correct copy of the within
instrument.
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Arafat Maswadeh, Individual
ABC6 PA UNDER 50,000
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EXHIBIT A
Description of Premises
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335-337 North Wesf Street
Carlisle, PA
ABC6 PA UNOER 50,000
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ACKNOWLEDGMENT
STATE OF 7?/7"'S"').~/}/~
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COUNTY O?M~~M /7
On 2j? (9) , before me, the undersigned. personally appeare~
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known to me or satisfactorily proven to me to be the person(s) whose name lei islare subscribed to the within instrument and
acknowledged:
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that he/she/they executed the same for the purposes therein contained and desire that it be recorded as such; or
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L....J that being by me duly sworn on his/her/their oath, did depose and say and make proof to my satisfaction, that
he/she/they are "duly authorized officers, partners. or members of the business entity names in the within instrument and as such
authorized persons(s), with full. porower and autohority to do so, did executelseat and deliver the within instrument as and foe the
voluntary act and deed of the within nameded business entity tor the purposes therein contained.
My Commission Expires:
WHEREOF. I ha\le hereu"to set my hand and official seal.
Nllt:'(':!:;":ll
I-Imol(J S. hW./illl n',I:lry Public
Carljslo. [luro. (;ll/I)/"."lbnl1 County
MyCnnm1l",'~':" _.: )1";': ~:')pt. 2:1. 2002
Member, Penl:'./f"I;,.." I.. :;JCJ.;lion of Notmias
ABC& PA UNOER sO,OCO
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DUPLICATE OF ORIGINAL
Amencan Business Credit, Inc.
Bala Cynwyd, Pennsylvania 19004
LOAN 10 10866
PROMISSORY NOTE
$28,000.00
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August 3, 1999
FOR VALUE RECEIVED AND INTENDING TO BE LEGALLY BOUND HEREBY, the undersigned (each, jointly and
severally, if more than one person or entity, hereinafter referred to and obligated as "Debtor") promises to pay to the order of
AMERICAN BUSINF5S CREDIT, INC. (hereinafter "Lender") at Balapointe Office Centre. 111 Presidential Boulevard, Suite
215, Bala Cynwyd, Pennsylvania 19004, or at such other location as lender may designate from time to time, with interest as
set forth below, the principal sum of Twenty-Eight Thousand And 00/100 Dollars ($28,000.00) to be paid as follows: .
Principal payments, together with interest calculated at a rate of 15.9900 'v,. per annum,
payable in One Hundred Nineteen (119) equal, consecutive monthly installments of $
411.05 each, beginning on September~ 3, 1999, and continuing on the same day of each
month thereafter, with a final, One Hundred Twentieth (120), installment of $17,314.84
Together witll any unpaid prin~ipal, interest, costs, fees or other sums due hereunder
accrued in connection herewith..
SECURITY INTEREST - As Sl.'Curity for the prompt paym~nt as and when
uue of aU amounls owing- unJer this Note, ,,,dulling any amenument,
modification, refinancing. renewal, substitution or extension lhert.'Of,
tOl'ether with aU other existing and future indebtedness, liabilities and
obligations of Debtor to unJer, whet.her maturt.'t.l or unmatured, absolute
or conting(!nt, ditl..'Ct or inJin.'Ct, sole, joint or several, of any nature
whatsoever aoc.l out of whatl.!vcr transi.lctions arising including, wHhout
Iimit.,tion, any debt, liability or obligation owing from Ot!btor to others
which Lender may obtain by Ilssit;nment or otherwise (lwrcinaher
colh..'ctivdy referreu tu 015 the "Obligatiuns"), in audition to any other
SI.!.<:urily in.'ilrunwnt, aljrt.~mcnt or document ~~ri1ntin~~ Lcm,kr any ri~~hts in
ilny of Debtor's property fur the purpose of sl..'('urinl~ the Obligatiol}S,
Debtor hereby grants to fender a lien on and SI..'Curity interest in and to aU
property of Debtor which at any time Lender 5h..11 have in its possession,
or which io; in tran.'iit to it includinf~ without limitation, any b.'1lam:e or
share belonging to Debtor of any de~"'sit, agency, trust, escrow or other
.lccount or accolJnt... with Lender, iltlil any oUter aQllOunl:s which may be
owing from time to time by u.."tlucr to IA.:btor, Said. liL'tl and s\.'Curity
int\!rest shall be inuc~mlent of any right of set-off which Lcrnler n'\ay
have. Any right of &:t-off in favor of Lemler, tf exercised. shall be uecmcu
to have been excrc~L.J at thc time Lender first rt:stricts access of Debtor tQ
propcrry in Lender's po~ssion, notwithstanding that such sct..off may be
cntcrl...J upon Lendcr's books and rf,.'CorUs at a later time.
DISBURSEMENT OF PROCEEDS - E.,ch Debtor hereby represents and
warranl:s to Lender that \he procl.'Cus of U'lis Note will be used solely for
busim.'SS or c.ommercial purpost..'5 and agrt..-cs th<lt any disbursement of lhe
proo,.'Cds of this Not\!, or any portion. tficrcof, to any O~ or more Debtor
shall be conclusively l,k'CIDCo. to constitute disbursem!.!nt of such procceds
to and for the benefit of l!ach and every Debtor.
PREPAYMENTS - This Note mar not be prepaid in part at any time
without the prior written consent 0 Lmc.lcr. This Note may not be prepaid
in full at any time lJl1lcss such full prcpa,ymcnt is accomP':lflic....u by a
prcpaym~nt n.."e eI.Iua\ to the total amount of mrerl.'St (ca\culatCti at the rate
of intCl'est SL~ forth aOOv\.' in this Note)- which would be payable by ~btor
to Lender on the principal amount of this Note over ilie full term of this
Note, multiplied by a fraction. the numerator of which is equal to the sum
or the numl5cr of months from and including the month in which the initial
payment, is due through .and including the motlth in which the 24th
5d1eduled payment is uue or, if the prepayment occurs after the 24th
scheduled payme.nt the month in w~cn such p,rcp~yment is actually
received, and III esther cas!:! the denonunator of whIch IS equal to the sum
of the number of months in the full term of this Note (collectively called
the oSum--of~the-Months...DigilS MethoU") less the amount of any interest
paid by the Debtor to the u.>nde~ prior to the prepayment date computed
pursuant to the actuarial method. If this Note is p~yable. in insta1Irii.cnts,
any permitted partial prepaymex:at(s) s~all be applied on ,aCcoWlt, or the
installment(s) payable l\ereunder 10 the 10verse order of \belt maturity (last
installment due credited first) and the number of installments hereund~r
shall be corresp<n:ldingly n...<.fuced, but no such prepayment shall r~uce the
amount 01 the schedUled installment{s) on eacb installment_payment date
until the entire principal amount hereof, together with all interest due
thereo", h.. oo.>n paid in lull.
RIGl.rr TO CO~WLETE NOTE ~ Lcm\~r milY ilt iltly time ami from time to
tin.'\C, without nutice to ""y Obli~~Qr ("Obli)U'or", as useu h~rdn, shan include
Debt(lr aod aU other person.<t 1.i..'lble, d ler slllely. jointly or severally,
absolutL'iy or cuntint)ently, on the Obligdliul'lS. induJint; endorsers, sureties
ilnd ,J;u.uantors): (1) c.I.llc this Note as (If the J..h: when the lo.'1n evklenccd
hereby was mClde; (2) complete any bl.:mk sfilces according: to the tetmi
upon which Lender h.ts w.mted such lo.ln; ant (3) cause t.he StgnOlture of one
or morc persons to be allJec.1 O1S an adJition.ll ~btor or Obligor without in
any WilY i'lffl..-cting or limiting the liability llf the l:xisting.Obligor to Lender.
LATE PAYMENTS. If <my p.'yn1l..'nt of princip:ill i1l1d/or interest io; not
tI..'CciveJ in full by lendl..'r Within Fifteen days of the uue d<ltc thcfl..'Of, there
shall be irnmt.'tliatcly added to the Ob1i~~;tijons a latc charge t.'l.tuaJ to ten
(lO%) pcrc('nt of thc .11110unt pilst Jue. For each and every month that such
payment of erincip<ll atlJ/or intl.!l'l.'st is not nl<lde, an ac.ldition.-.Hatc charg!.!
L'l.lual to ten pO%') percent of such principal and/or irItCtl.'St past due shan be
adul..'l.\ to the Obligatiuns until such past UU\.' ilmount is paitl in full. ~ntcn."St
at th~ rate of inten:st set forth_in thi... Nob.l ShilU i.\Ccrue ilnu. is. pay~blc on each
latc ch..trg..: from the ililtl.: anr such late charge initially beComes due until
such l..tc charge is paid ir1 fUU. Alllatl.' chi.ltges arc. immediately due and
payable without notice or demand.. Any payments of. principal and/or
mtcrcst received by Lctlder <tfler 3:00 'p.m. on any business day,_ or f.l.'CCiVLod
on any day which is not a business day lor Lender, shall be dl..'Cmcu to have
1x:etll\..'Ccivcll by Lender on the next ousiness day. In the-event that Debtor
fails to pay any lilt~ chargtrls} due hereunder on or before the third monthly
anniversary of thl.' Jam suc.h tatc charg~(s} first OOcame due) Lender may, in
its sole and absolute Jiscretion, d\.'Clarc such failure to constitute: an Event of
Default hcreunc..h:r, amI thereupon lender may exercise the rights available
to it upon dcfanIt. .
EVENTS OF DEFAULT - Each of fu" following shall be an "Event of
[kfault" hereunder. (1) the nonpaymcnt when Jue of any amount payable
under this Note (cxc~pt late chargl.'S, to the cxt~nt herein provided) or of any
amount when due under or on any of U,c Obligations; (2) the failure of any
Obligor to o~IVC or ~d(lrm any agl\.~mc.nt of any nature whatsoever with
Lender; (3) if any Obli~or becomes insolvent or makes an assi~nt for the
benefit of creditors, or if any petition is filed by or against any Obligor under
any provision of any state or federal law aUcging that such Obli15or is
insolvent or unable to pay debts as thei mature or under any proVisIon .Of
the United States Bankruptcy Code; 14 the entry of any juugment against
any Obligor which remains Wl.~tisfied or fifteen (15) days or the issuance of
any attachment, levy, or garnishment against iJ!lY property o. f any Obligor or
\he occurrence of any substantial change in the fincincial ct?ndition of any
Obligor which, in ilie sole, reasonable judgment of Lender, is materially
adverse; (5) the dissolution, merger, consollilalion or reorganization of any
Obligor which is a corporation partnership or other business entity without
the prior written consent of Letlder, (6) the death, incarceration or
adjudicatiotl of legal incompetence of any Obligor who is a natural person;
m if any information or signature heretofore or hereafter fumisbed to
tender Dr My' Obligor"in connection with any of. the Obligations, or in
connection with any guaranty or surety a~ent applicable to any' of the
Obligations, is materially false or incorrect; or (S) the f'iiiI1,Ue of any OIJUgor to
timc:[y furnish to Lender such financial and oUlcr information as Lender may
ABC1. Ptll\TllsSOfV rJ'\e {Sum 01 MonthS Olgits, O'lllt $50,Qoo and Under $50,000. Secured by NO(l,Residenti"r Re"l PrQoerlv
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r~a'50nably r~>quest or rt.~uire.
LENDER'S RIGHTS UPON DEFAULT -If an EV''nt of DefauIt.sh.ll occur
_' hereunder, and not be cured. within five (5) days following the delivery of
\vritten Notice of Default by u"rlder to Debtor, the oulS\anding-'principal
balance, together with the prepayment fee (calculated as provideiJ. above in '
this Note under the heading Prepaymenl:s), and any late paymenl:s or other
sums due to Lctl'der from any Obligor, together witO interest accrued
thereon shall be immediately due and payable without notice to any
Obligor and shall accrue interest after the Event of Default at the lesser or.
(1) interest rale of twenty-four (2-1%) percent per annum in lieu of the
interest rate provided for above; 91' (2) the maximum amount pemtitted b~
app~abl~ Li~. En additio[\~ u1i<fl\ an Everl:t of Defaul~, Len~e: may: (1
exerC:1Se Its nght of set-off and all of the n~ts, benefil:s, pnvileges an
remedit..'S of a secured party under the Pennsylvania Uniform Commercial
Code (or under fue iaws of any other l'urisdlction in. which any collateral
S<.'CUrity for the Obligations may be ocaled), and all of its rights and
remedies at law. or in equity ana under any security agrccment, plcdg~
agreement, mortgage, power, this Note or any other note, or any other
agreement, instrument or document issued in connection with or arising
out of any of the Obligations (the "Loan Documents") all which righl:s anu
remedies shall be cumulative; and (2) pursuant to the Warrant of Attorney
contained herein, CONFFSS JUDGMENT against Debtor.
APPliCATION OF FUNDS ~ All sums realized by Lender on account of
the Obligations, from whatever source received, snall be applied first to
any ft..-es, costs and ~penses (including attorneys' fel."'S) irn::unea. by Lenuer,
second to accrued and unpaid interest,. next to late charges and then to
prindpal, or in any other order that Lender may uetcmunc. ~btor
waives and releascs any right to require Lender to collect any of u,IJ
Obligations from any collateral under any Ihoory of miU'Shalling of assets
or otl1erwise, and specifically authorizl'S Lender to apply any collateral in
which Obligor has any right, title or interest agaiflst any of tlic Obligations
in any rno1Mer lhat LCndcr may determine, .
WARRANf OF ATTORNEY TO CONFESS JUDGMENf - Debtor
hereby irrevocably authorizes and empowers nny attomey or <loy clerk 01
any court of record, wi.th or without th~ occurrence of i1I\Y Event of
Def.ult, to .ppear for and CONFESS JUDGMENT against Debtor. (1) for
such sums as arc due andf or may bt.'Comc due on the Obligations and/ or
(2) in .my action of .leplev,in instituted by ~>nucr to obtilin p~e~sion ?f
any coUah:ral sL'Cunng thlS Note or Sl."Cunng any of the Obhgatlons, 10
either case, with or without dt.:daration, with cosls of suit, without stay of
execution and with an amount, (or lien priority purpo.<>cs. t..'l..lual to fifh.-cn
percent {15%1 of all sums payable hereunder, but not less than One
Thous..1.nd Do tars ($ 1,OOO.OO} added for attorneys' colk'Ction fces. with the
nctuOlI amount of attorneys' fees to be govcml.'ll by the pn~visions ~t forth
bl:low. To the extent rcrmHtcd by l.nv, Debtor: (1) w<uvcs the nght of
imlui<;ition on any rea estate levied on, voluntMily comlcmn.<; the same,
.1uthori7.L'S the prolhonotary or cI~rk of ;,my court to enter up~n th~ Writ of
EXI..'CuHon said voluntOlry conuenut.ltion and Llgre~s that SOlid real l..'Stat~
Olay be sold. on a Writ or EXI..-culion; (2) waives ..lml rcl....ascs nn relief from
aU appraisement, stay~ eXl.!mfHOn or appcallaws of any sbte now in force
or hereafter enacted; and (3 releases aU errurs in such proa..-cdif.)g:;. If il
copy of this Note, verified by affidavit by or on behalf of L~nde~ s.hall have
bl..'Cn filed in such acHon, it shi.lU not be nCCCS5<lry to file the oogmal Note
<\5 a Warr;mt of Attomcy. Th~ authority m\U pow~r to i.l2pear fo~ ~~l
CONFESS JUDGMENT against Debtor sh;,'l~ not &e exh.austed ~y the llutlal
exercise thereof, and the same may be exercISCd, from time to time, as often
as u...n(.}er shan deem nt..'Cessary and. desirnble, and \his No~e shall be.iI
sufficient Wa~nt thcr~fo.r. ~c!,dcr may confl..'5S one or more Jud~~~ts 1f1
the same or different JUnsdlCtiOns for all or any part of the Oblig<1tions,
without regard to whether judgment.has. theretofore been enter~ on more
than one occasion for the same Obligahons. In the event any JuJ.gm~nt
entered a~t.Debtor hereunder is strickl."I\ or opened upon apphcation
by or on Debtor's bchaU for any reason whatsoever, Lender is hereby
authorizl..~ and empowered to again appear for .an~ CON~
JUDGMENT against Debtor for all or any part of the Obligations; 5~bJect.
however, to Ute limitation that such 5u~sequent entry ~r enbies of
judgment by LeI1dcr fonowing any proceedmg to open or strike may only
be uone to cure <lny errors or adcds in such priC?r proct..'t..'(,\ing~ ami only to
the extent that suCh errors or dekcts are subJL'Ct to cure In such rater
proceedings.
INTEREST ACCRUAL - Interest shall be caJc:ulatt..'d hereunder for the
actual numbe.rof days that the' principal balance or any other sums due.to
Lender from any Obligor is outs~ding,.~ased on a year of three h,uodred
sixty (360) days unlt..'SS otherwlSe specmed. - Interest shall continue to
ac.crue on \he principal balance hereof at;d on any ~~er ~ums. due to
lender from any 06ligor at the rate of mterest specified An this Note,
notwithstanding any demand for. paym~t, accel~ra~on an~/ or the en~
of any jud~ent against any Obligor~ Wltil all pnnapal owmg hereunuer
ispttidin.fii1L
ATTORNEYS' FEES AND COSTS - In the evenl that Lender engages an
attorney to represent it in cOMedion with: (1) any aUcgl..od default br. any
Obligor u.nder any of the Loan Documents issut..'d in connc<:tion Wl~ or
arising out of the Obligations; (2) the enforcement of any of len~er's rights
and remedies under any of the Loan Documents; (3) any potential and/or
actual bankntp\Cy or other IDsolv~ncy proceedings commenct..-d by or
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against any Obligor; and/or rot) any potential and/or actual litigation arising
out of or reti\ted to- my of the foregoing. the Loan ~uments or any of the
Obligations, then Debtor shall be liable to anu shall reimburse u-ndt!r, on
demand~ for all attorneys' fees, costs and expenses incum."ii by Lender in
co.nnection with any of the foregoing. Debtor shall also be liable and shall
rcunbur$e Lenuer, on demand. ror all other costs and expt.'nSeS (including
attorneys' ft..>eS) incurred by Lender in connection with the CoUf.'Ction,
preservation and/or_liquidation of any eoUate-ral security for any of the
Obligations and/or in the enforcement of any Obligor's obligations
hereunder and/or under arty of the Loan Documents.
RETURNED P A YMENf CHARGE -In the event that Debtor makes a
payment un...ter this Note by 'Check, negotiable. instrumetlt or otht.."1' means
ami such paymt..--nt is retum~d to Len\.1cr unpaid. ~btor agrees to pay
Lender an N5F charge in an amount equal to the lesser of tlie maximum
amount permitted by 1aw or \he Lender' s ~en existing charge. .
MISCELLANEOUS/ADMINISTRATIVE CHARGES ~Except as may
otherwise be limited by applicable law, Debtor agrees to pay any
miscellam.'Ous and/or Administrative charges impoSed by lemler in
connection with: (1) Lender having to take any action that results from
Debtor's failure to hilly comply with the tenns and eonditionsof this Note or
any of the Loan Documents; and' (2) the release or Siltisfaction of any
mortgag~, assig~t\\ent of leases, financing statement andf or other document
appearing on the"public record which in CUly pay relates to Debtor, any
O~ligor and/or the Obligations. ~
MISCELLANEOUS - Debtor hereby waives protest. notice of protest,
pn."SCntment, dishonor, notice of disbonor and demand. To the extent
perm.itteu by law, Debtor hereby waives and. releases all errOrs, deft..'Cts and
unperfedions in any proceedings instituted by Lender under lhe tenns of
thiS Note. The rights and privileges of Lender under this Note shall lowe to
the benefit of its successors and assigns. AU representations, warrnnties anu
dg:rt..'t.'ments of Debtor made in conm.'Ction with this Note shall bind Debtor's
pt!rsonal representatives, heirs, successors and assigns. [f any provision of
this Note shall for any reason be held to be invalid. or unt..worceable, such
invalidity or unenforceability shaU not affl.'Ct any other provision hert..'Of, but
this Not~ sh....U be construed' as if su'Ch invaHd or enforceable provision hau
never bt.>en contained herein. The Waiver of any Event of Default or the
f.lilur.... of Lender to exercise any right or remedy to which it molY be entitled
shan not be ,kernel.! to be a waiver of any subS(..'lJuent Event of Default or of
Lender's right to I..>xercisc that or .)ny other right or reml..'t.!y_ to which Lender
is entitled. The ri!~hts and remedies of Lenuer under this Note and the Loon
OoI.."'Uml..>Jlts sh.tU be in addition to any other rights and remedies available to
Lender at )m'l or in equity, aU of which may be excrcisl.'t.l. singly or
concurrently. This Notl.! h.."lS been delivered to and acceptcl.!, by Lcnuer in
and shall be govcml..'tl by the laws of the Commonwc.dth of PeonsylvanioJ.
The parties a."tl.'C 10 the exclusive jurisdiction of U,e federal and stolte courts
located in Pe~n<;ylv<lnia in conn...'Ction with .my matter ;"rising' hereunder,
including the colk'Ction and enforcement hen.'Of, except a5 the Lemler nli.lY
otherwise ek'Ct. r
OTIIER-
ABC1- Promissory NOlq {SulTl of Monlhs Digils. Over $50,000 and Unde, $50,000, Secured by Non-RQsidenllal Real Property
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IN WITNESS WHEREOF, the Debtor has hereunto set his hand and seal the day and year first written.
This fnstrument is intended to constitute an instrument under seal.
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~J7l1o.j1~A [L.S.]
Arafat Maswadeh, In 'vidual and Proprietor t/a New York Deli
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ABel. Promissory Nate {Sum or MOnlhs Digits, Over $50,000 and Under S50.000, S~cur8d by Nan-ResIdential Real Property
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Date: July 10, 2000
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ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an offidalllotice that the mOl:.tgage 011 YOllr home is ill defalllt, and the lellder illtel/ds
to foreClose. Specific illformatioll abollt the lIatllre of the defalllt is provided ill the attached
pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may
be able to help to save YOllr home. This Notice explaills how the program works.
To see if HEMAP call help, YOIl11l11St MEET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS
NOTICE. Take this Notice with YOll whell YOll meet with the COllllselillg Agellcy.
The lIame, address alld plWlle 11l1111ber of COIlSllmer Credit COl/1lselillg Agencies servillg YOllr
COUllty are listed at the end of this Notice. If yo II have allY questions, you may call the
Pellllsylvallia HOIlSillg Finallce Agellcy toll free at "1-800-342-2397. (Persons with impaired
hearing call call (717) 780-1869).
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to
help 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 NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE EST A NOTIFICACION OBTENGA UNA TRADUCCION
INMEDlTAMENTE LLAMANDO ESTA AGENCIA (pENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER
ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU
CASA DE LA"PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
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BalaPoinle Office Ce~
III Presidential Boulevard
Bala Cynwyd, P A 19004
(610) 668-2440
\-800-53P \62
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
LOAN ACCT. NO.:
ORIGINAL LENDER:
CURRENT LENDER/SERVICER:
Arafat Maswadeh t/a New York Deli
335-337 North West Street, Carlisle, PA
10866
American Business Credit, Inc.
American Business Credit, Inc.
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE
WHICH CAN SA VE 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 DEF AUL T 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-to-face" meeting with one of the
consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST
OCCUR WITHIN THE NEXT (30) DAYS. .IF YOU DO NOT APPLY FOR EMERGENCY
MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE
,0
PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT",
EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
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Arafat Maswadeh t/a New York DCll
. July 10,2000
Page 2
CONSTJGIER CREDIT COUNSELING AGENCIES - If you meet with one
of the consume,r credit counseling agencies listed at the end of this notice, the lender may NOT"
take action against you for thirty (30) days after the date ofthis meeting. The names, addresses
and telephone numbers of designated consumer credit counseling agencies for the county in
which the property 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 couns.eling 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 withinthirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IFYOU FAIL TO DO
SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN
THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME
IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL
BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very
limited. They will be disbursed by the Agency under the eligibility criteria established by the
Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it
receives your application. During that time, no foreclosure proceedings will be pursued against
you if you have met the time requirements set forth above. You will be notified directly by the
Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A
PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR
INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN
ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
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. Arafat Maswadeh t/a New York Ldi
July 10,.2000
Page 3 "
HOW TffCURE YOUR MORTGAGE nEF AULT (Brillg it up to date).
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on
your property located at: "
335-337 North West Street, Carlisle, PAIS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following
months and the following amounts are now past due:
Monthly Payments of Principal and Interest
for the months of May, June and July:
Late Charges:
NSF Fees:
Force Placed Insurance:
TOTAL AMOUNT PAST DUE:
$1,233.15
246.60
100.00
40.00
$1,619.75
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 $1,619.75, PLUS ANY MORTGAGE PAYMENTS AND LATE
CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments
must be made either by cash, cashier's check. certified check or money order made payable and
sent to:
American Business Credit, Inc.
Attn: Susan B. Naftulin, Counsel
111 Presidential Boulevard, Suite 127
Bala Cynwyd, P A 19004
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 ~lItends to e.;"ercise its rights to
accelerate the mortgage 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 llpOIl your
mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be
sold by the Sheriff to payoff the mortgage debt. Ifthe 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
attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees
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· Arafat Maswadeh t/a New York l..>di
.- July 10,.2000
Page 4 '
will be added to t1ie amount you owe the lender, which may also include other reasonable costs.
If you cure the default with it, the THIRTY (30) DA Y period, you Willllot be required to pay
attomey's fees. '
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid
principal balance and alfother sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have
not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have
begun, you still have the right to cure the default and prevent the sale at any time up to one hour
before the Sheriff's Sale. You maydo so by paying the total amount then past due, plus any late
or other charges then due, reasonable attorney's fee and costs conllected with the foreclosure
sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender
and by performing any other requirements under the mortgage. Curing your default in the
manner set forth in this notice will restore your mortgage to the same position as if you
have never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DA TE - It is estimated that the earliest date that
such as Shcriffs Sale of the mortgaged property could be held would be approximately six
months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be
sent to you before the sale. Of course, the amount needed to cure the default will increase the
longer you wait. You may find out at any time exactly what the required payment or action will
be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender:
Address:
American Business Credit, Inc.
III Presidential Boulevard, Suite 127
Bala Cynwyd, P A 19004
Phone Numbe~:
Fax Number:
Contact Person:
(610) 668-2440
(610) 617-4967
Susan B. Naftulin, Counsel
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your
ownership of the ,mortgaged property and you 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_ mayor XX may not sell or transfer
your home to a buyer or transferee who will assume the mortgage debt, provided that all the
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"Arafat Maswadeh t/a New York D"li
July 10, 2000
Page 5 '
outstanding payrllebts, charges and attorney's fees and costs are paid prior to or at the sale and
that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HA VE THE RIGHT:
. TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF 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 POSITION AS IF NO
DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (However, you do not
have this right to cure your default more than three times in any calendar year.)
. TO ASSERT THE NONEXISTENCE OF ANY DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED 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.
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.. Arafat Maswadeh t/a New York D...ll
July 10, -2000
Page 6
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CONS'tJ'MER CREDIT COUNSELING AGENCIES SERVING
YOUR COUNTY
CUMBERLAND COUNTY
CCCS ofWestemPennsylvania, Inc.
2000 Linglestown Road
Harrisburg, P A 17102
(717) 541-1757
Urban League of Metropolitan Harrisburg
N. 6th Street
Harrisburg, PA 17101
(717) 234-5'<~25
FAX (717) 234-9459
Community Action Comm of the Capital Region
15 14 Derry Street
Harrisburg, P A 17104
(717) 232-9757
FAX (717) 234-2227
KWW/nbc .
cc: Legal File
Loan File
Via certified mail, return receipt requested
and first class mail with certificate of mailing
f:\shared\legal~bc\maswadeh_1 0866\statereq.not\coUletter_act91.07-00.doc
Financial Counseling Services of Franklin
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
YWCA ofCarlis1e
30 I G Street
Carlisle, PA 17013
(717) 243-3818
FAX (717) 731-9589
Adams County Housing Authority
139--143 Carlisle St
Gettysburg, P A 17325
(717) 334-1518
FAX (717) 334-8326
Very truly yours,
AMERICAN BUSINESS CREDIT, INC.
By:
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Kurt W. Weiler, Associate Counsel
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VERIFICATION
The undersigned, an officer of American Business Credit, Inc.,
the instant Plaintiff, or its servicing agent, being authorized to
make this Verification on behalf of Plaintiff, hereby verifies that
the facts set forth in the foregoing Complaint in Mortgage
Foreclosure are taken from the records maintained by persons
supervised by the undersigned who maintain the business records of
the Mortgage held by Plaintiff in the ordinary course of business
and that those facts are true and correct to the best of the
knowledge, information and belief of the undersigned.
I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO
THE PENALTIES OF 18 PA.C.S. . SECTION 4904 RELATING TO UNSWORN
FALSIFICATION TO AUTHORITIES.,
Dated:
Susan B. aftulin, Esquire
Vice President of Legal Affairs
American Business Credit, Inc.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-08672 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
AMERICAN BUSINESS CREDIT INC
VS
MASWADEH ARAFAT ET AL
RICHARD SMITH
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
MASWADEH ARAFAT
the
DEFENDANT
, at 0011:20 HOURS, on the 21st day of December, 2000
at CUMBERLAND CO PRISON
1101 CLAREMONT ROAD
CARLISLE, PA 17013
by handing to
ARAFAT MASWEDEH
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
3.10
.00
10.00
.00
31.10
S;;~~A<~!
R. Thomas Kline
12/21/2000
BARBARA FEIN
Sworn and Subscribed to before
By:
me this 3~ day of
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q,~, (l 71ueL 1.!fi
rothonot'ary ,
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THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. DiPaolo, Esquire / I.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorneys for Plaintiff
AMERICAN BUSINESS
CREDIT, INC.,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 00-8672
v.
ARAFAT MASWADEH and
THE UNITED STATES OF AMERICA,
Defendants.
PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER
AND FOR ASSESSMENT OF DAMAGES
Kindly enter judgment for $44,551.05 in favor of Plaintiff,
American Business Credit, Inc., and against the Defendant, Arafat
Maswadeh, for failure to file an Answer to Plaintiff's Complaint in
Mortgage Foreclosure within twenty (20) days from service thereof
and assess Plaintiff's damages as follows and calculated from those
set forth in the Complaint.
Principal balance of mortgage
Interest due and owing at the rate of
15.99% calculated from April 14, 2000
through July 18, 2000
Interest due and owing at the rate of
24.0% calculated from the July 19, 2000
through March 14, 2001
Late Charges due and owing under the Note
in accordance with the terms of the
Mortgage Instrument
Escrow Advances made by Plaintiff
Mortgagee on behalf of Defendant
mortgage account
Pre-payment penalty as stated in the
Mortgage Instrument
Attorneys' fees
$27,870.23
1,187.52
4,422.04
986.58
434.66
8,256.51
1,393.51
TOTAL IN REM JUDGMENT TO BE ENTERED
$44,551.05
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TOTAL IN REM JUDGMENT TO BE ENTERED
$44,551. 05
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
BY:
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Barbara A. Fein, Es uire
AND NOW, judgment is entered in favor of the Plaintiff,
American Business Credit, Inc., and against the Defendant, Arafat
Maswadeh, and damages are assessed as above in the sum of
$44,551. 05.
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Pro. Prothonotary
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THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. Dipaolo, Esquire / I.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorneys for Plaintiff
AMERICAN BUSINESS
CREDIT, INC.,
plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
v.
NO . 00-8672
ARAFAT MASWADEH and
THE UNITED STATES OF AMERICA,
Defendants.
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
.
.
8.8.:
COUNTY OF MONTGOMERY
.
.
THE UNDERSIGNED being duly s~orn, deposes and says that the
averments herein are based upon investigations made and records
maintained by us either as plaintiff or as servicing agent of the
Plaintiff herein named and that the above named Defendants are not
in the Military or Naval Service of the United States of America or
its Allies as defined under the Soldiers and Sailors Civil Relief
Act of 1940, as amended, and that the age and last known residence
and employment of each Defendant are as follows:
Defendant :
Age :
Residence :
Employment:
Arafat Maswadeh
Over 18
335 North West Street, Carlisle, PA 17013
Unknown
Susan B. aftulin, Esquire
Vice President of
Legal Affairs
COMPANY: American Business
credit, Inc.
Sworn to and subscribed
before miv this d g
d~em~
bl' 0
Notar Pu lC '
No1arialSeaI
'~::O!88n Garlbe~. Notary Public
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"\;:::::-~~ ~":rms;~iiJania Association of Notaries
, 2000.
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THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. DiPaolo, Esquire / I.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorneys for Plaintiff
AMERICAN BUSINESS
CREDIT, INC.,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 00 - 8672
v.
ARAFAT MASWADEH and
THE UNITED STATES OF AMERICA,
Defendants.
CERTIFICATION OF MAILING OF NOTICE UNDER PA. RCP RULE 237.1
The undersigned hereby certifies that a written Notice of
Intention to File a Praecipe for the Entry of Default Judgment was
mailed to the Defendant(s) and/or to their legal counsel of record,
if any, after the default occurred and at least ten (10) days prior
to the date of the filing of the Praecipe. Said Notice was sent on
the date set forth in the appended copy of the Notice, sent as
stated.
Dated: February 26, 2001
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
BY:
Barbara A. Fein, Es ire
Attorney for Plaintiff
Attorney I.D. No. 53002
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THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. DiPaolo, Esquire / I.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorneys for Plaintiff
AMERICAN BUSINESS
CREDIT, INC.,
plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 00-8672
v.
ARAFAT MASWN)EH and
THE UNITED STATES OF AMERICA,
Defendants.
NOTICE OF INTENTION TO TAKE DEFAULT UNDER PA. RCP RULE 237.1
IMPORTANT NOTICE
You are. in default because you have failed to take action
required of you in this case. Unless you act within ten (10) days
from the date of this notice as set forth below, a Judgment may be
entered against you without a hearing and you may lose your
property or other important rights. You should take this notice to
a lawyer at once. If you do not have a lawyer or cannot afford
one, go to or telephone the following office to find out where you
can get legal help:
Cumberland C6unty Court Administrator
4th Floor
Cumberland County Court House
1 Courthouse Square
Carlisle, PA 17013
(717) 240-6200
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NOTIFICACION IMPORTANTE
Usted se encuentra en estado de rebeldia por no haber tornado la
accion requirida de su parte en este case. Al no tomar la accion
debida dentro de un terminG de diez (10) dias de la fecha de est a
notificacion, el tribuna podra, sin necesidad de compararecer usted
in corte 0 escuchar preuba alguna, dictar sentencia en sucontra.
Usted puede perder bienes y otros derechos importantes. Debe
llevar esta notificacion a un abogado immediatamente. Si usted no
tiene abogado 0 si no tiene dinero suficiente para tal servicio,
vaya en persona 0 llame por telefono ala oficina cuyadireccion se
encuentra escrita abajo para averiguar donde se puede conseguir
assitencia legal:
Cumberland County Court Admlnistrator
4th Floor
Cumberland County Court House
1 Courthouse Square
Carlisle, PA 17013
(717) 240-6200
Date of Notice: February 26, 2001
PERSONS SERVED:
Arafat Maswadeh
c/o Cumberland Co. Prison
1101 Claremont Road
Carlisle, PA 17013
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
BY:
. Ba~i0'E~
Attorney for Plaintiff
Attorney I.D. No. 53002
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THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. DiPaolo, Esquire / I.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorneys for Plaintiff
AMERICAN BUSINESS
CREDIT, INC.,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 00-8672
v.
ARAFAT MASWADEH and
THE UNITED STATES OF AMERICA,
Defendants.
CERTIFICATION OF ADDRESS
I, Barbara A. Fein, Esquire, Attorney for Plaintiff, American
Business Credit, Inc., hereby certify that the Plaintiff's correct
address is 111 Presidential Boulevard, Suite 215, Bala Cynwyd, PA
19004, and the last known address of the Defendant is as below.
Arafat Maswadeh
c/o Cumerland County Prison
1101 Claremont Road
Carlisle, PA 17013
THE LAW OFFICES OF
A. FEIN, P.C.
BY:
Bar ara A. Fein, E
Attorney for Plai
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THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. DiPaolo, Esquire / I.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorneys for Plaintiff
AMERICAN BUSINESS
CREDIT, INC.,
plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 00 - 8672
v.
ARAFAT MASWADEH and
THE UNITED STATES OF AMERICA,
Defendants.
CERTIFICATE OF SERVICE
I, Barbara A. Fein, Esquire, Attorney for Plaintiff, American
Business Credit, Inc., hereby certify that I have served a true and
correct copy of the appended mortgage foreclosure pleadings/papers
upon the following party at the last known address and/or upon an
attorney of record, as noted:
Arafat Maswadeh
c/o Cumerland County Prison
1101 Claremont Road
Carlisle, PA 17013
THE LAW OFFICES OF BARBA
A. FEIN, P.C.
BY:
Barbara A. Fein, E
Attorney for Plain
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OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Court House
One Courthouse Square
Carlisle, PA 17013
CURTIS R. LONG, PROTHONOTARY
TO: Arafat Maswadeh
c/o Cumerland County Prison
1101 Claremont Road
Carlisle, PA 17013
,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
AMERICAN BUSINESS
CREDIT, INC.,
Plaintiff,
NO. 00-8672
v.
ARAFAT MASWADEH and
THE UNITED STATES OF AMERICA,
Defendants.
NOTI CE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you
are hereby notified that a judgment has been entered against you in
the above captioned proceeding as indicated below.
~~'.~R' PROTHONOTARY
[XX] Judgment by Default entered
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
BARBARA A. FEIN, ESQUIRE AT (215) 653-7450.
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THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / J.D. No. 53002
Kristen J. DiPaolo, Esquire / J.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorney for Plaintiff
AMERICAN BUSINESS CREDIT, INC.,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
v.
NO. 00-8672
AFAFAT MASWADEH AND
THE UNITED STATES OF AMERICA,
Defendant( s).
PRAECIPE TO ISSUE WRIT OF EXECUTION
(MORTGAGE. FORECLOSURE)
TO THE PROTHONOTARY:
Kindly issue a Writ of Execution in the above matter, directed to the Sheriff of Cumberland
County, against AFAFAT MASW ADEH AND THE UNITED STATES OF AMERICA, Defendant(s),
and real property situated at 335-337 North West Street, Carlisle, Cumberland, Pennsylvania.
AMOUNT DUE
$44,551.05
INTEREST FROM March 15, 2001
1,273.68
COSTS TO BE ADDED
$
Dated: April 23, 2001
. FEIN, P.C.
BY:
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Barbara A. Fein, Esquire
Attorney J.D. No. 53002
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THE LAW OFFICES OF BARBARA A. FEIN, P.C. Our File No. 00-5666
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. DiPaolo, Esquire / I.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorney for Plaintiff
AMERICAN BUSINESS
CREDIT, INC.,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 00-8672
v.
AFAFAT MASWADEH AND
THE UNITED STATES OF AMERICA,
Defendant (s) .
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Arafat Maswadeh
Cumberland County Prison
1101 Claremont Road
Carlisle, PA 17013
The United States of America
c/o U.S. Attorney General
U.S. Department of Justice
10th and Pennsylvania Avenues
Washington, D.C. 20530
The United States of America
c/o U.S. Attorneys' Office
ATTN: Mary Padgett
228 Walnut Street
Harrisburg, PA 17108
Your house at 335-337 North West Street, Carlisle, Cumberland
County, is scheduled to be sold by the Cumberland County Sheriff's
Department on Wednesday, September 5, 2001, at 10:00 A.M., at the
Cumberland County Court House, 1 Courthouse Square, Carlisle,
Pennsylvania, to enforce the Court judgment of $44,551.05 obtained
by Plaintiff American Business Credit, Inc. against you.
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NOTICE OF OWNERS' RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
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To prevent this Sheriff's Sale, you must take immediate
action:
1.
2 .
3 .
This sale will be canceled if you pay to plaintiff
Mortgagee the back payments, late charges, costs and
reasonable attorneys' fees due. To find out how much you
must pay, you may call Kristen J. DiPaolo, Esquire at
(215) 653-7450.
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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.
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You may also be able to stop the sale through other legal
proceedings.
You may need an attorney to assert your rights. The sooner
you contact one, the more chance you will have of stopping the
sale. (See notice below on how to obtain an attorney).
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YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND
YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
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1.
If the Sheriff's Sale is not stopped, your property will
be sold to the highest bidder. You may find out the
price bid by calling Kristen J. DiPaolo, Esquire at (215)
653-7450, or by calling the Cumberland County Sheriff's
Department at (717) 240-6390.
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2. You may be able to petition the Court to set aside the
sale if the bid price was grossly inadequate compared to
the value of your property.
3. The sale will go through only if the buyer pays the
Sheriff the full amoUnt bid in the sale. To find out if
this has happened, you may call Kristen J. DiPaolo,
Esquire at (215) 653-7450, or by calling the Cumberland
County Sheriff's Department at (717) 240-6390.
4. If the amount due from the buyer is not paid to the
Sheriff, you will remain the owner of the property as if
the sale had never happened.
5. You have the right to remain in the property until the
full amount due is paid to the Sheriff and the Sheriff
gives a deed to the buyer. At that time, the buyer may
bring legal proceedings to evict you.
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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
Philadelphia County Sheriff on or about thirty (30) days
from the date of Sheriff's Sale. This schedule will
state who will be receiving that money. The money will
be paid out in accordance with this schedule unless
exceptions (reasons why the proposed distribution is
wrong) are filed with the Sheriff within ten (10) days
after the distribution sheet is posted.
7. You may also have other rights and defenses, or ways of
getting your house back, if you act immediately after the
sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
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ALL THAT CERTAIN tract of land situate in the Borough of
Carlisle, County of Cumberland and State of Pennsylvania, being
known and numbered 335 and 337 North West Street, now 337 North
West Street, bounded and described as follows:
ON the West by North West Street, on the North by land now or
formerly of Harry Lackey, on the East by a private alley and on the
South by property now or formerly of Jacob Newman; containing 24
feet, more or less, in front on North West Street and extending in
depth 98 feet, more or less, to said private alley, having thereon
erected two dwelling hO\lses and other improvements; and being
known as No. 335 and 337 North West Street.
AND BEING the same premises which Geraldine Hibner, Guardian
of the Estate of Geraldine Robinson, conveyed unto Arafat Maswadeh,
by Deed dated November 21, 1996 and recorded in the Office of the
Recorder of Deeds for cumberland County on November 27, 1996, in
Deed Book Volume 149, Page 839.
ALSO BEING KNOWN as Tax Parcel No. 05-20-1798-055.
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THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. DiPaolo, Esquire / I.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorneys for Plaintiff
AMERICAN BUSINESS
CREDIT, INC.,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 00-8672
v.
ARAFAT MASWADEH and
THE UNITED STATES OF AMERICA,
Defendants.
AFFIDAVIT OF SERVICE
I, Jennifer L. Iaquinto, Legal Assistant to Barbara A. Fein,
Esquire, Attorney for the Plaintiff, American Business Credit,
Inc., hereby certify that I have served a true and correct copy of
the "Notice of Sheriff Sale of Real Property" on the Defendant(s),
The United States of America, on April 25, 2001, by certified mail,
in acco~dance with Pennsylvania State Rule 3129.1, and as evidenced
by the return receipts attached hereto.
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
BY:
Sworn to be for
J~ day of
Notary Public
, 2001.
NOTARIAL SEAL
BARBARA A. FEIN, Notary Public
Fort Washln~ton. Montgo,mery County
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CERTIfiED MAIL RECEIPT
(Domestic Mail Only: No Insurance Coverage Provided)
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Restricted Delivery Fee
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Total Postage & Fees $
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The United States of America
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l'- Harrisburg I PA 17108
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l'- Washington, D.C. 20530
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Postage $
Certified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total postage & Pees $ 9.'1 ..
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THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. DiPaolo, Esquire / I.D. No. 79992
425 Commerce Drive, Suite lOO
Fort Washington, PA 19034
(215) 653-7450
Attorney for Plaintiff
Our File No. 00-5666
AMERICAN BUSINESS
CREDIT, INC.,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 00-8672
v.
AFAFAT MASWADEH AND
THE UNITED STATES OF AMERICA,
Defendant (s) .
AFFIDAVIT UNDER PA. RCP RULE 3129
American Business Credit, Inc., Plaintiff in the above
captioned mortgage foreclosure action, sets forth as of the date
the praecipe for the Writ of Execution was filed, the following
information concerning the real property located at 335-337 North
West Street, Carlisle, Cumberland County, Pennsylvania, was true
and correct to the best of its knowledge, information and belief.
1. Name and address of each Owner and/or Reputed Owner:
Arafat Maswadeh
Cumberland County Prison
1101 Claremont Road
Carlisle, PA 17013
The united States of America
c/o U.S. Attorney General
U.S. Department of Justice
10th and Pennsylvania Avenues
Washington, D.C. 20530
The United States of America
c/o U.S. Attorneys' Office
ATTN: Mary Padgett
228 Walnut Street
Harrisburg, PA 17108
2. Name and address of each Defendant named in the judgment:
Arafat Maswadeh
Cumberland County Prison
1101 Claremont Road
Carlisle, PA 17013
The United States of America
c/o U.S. Attorney General
U.S. Department of Justice
10th and Pennsylvania Avenues
Washington, D.C. 20530
The United States of America
c/o U.S. Attorneys' Office
ATTN: Mary Padgett
228 Walnut Street
Harrisburg, PA 17108
3. Name and last known address of every judgment creditor whose
judgment is a record lien on the real property to be sold:
None
4 . Name and address of the last recorded holder of every mortgage
of record:
American Business Credit, Inc., Plaintiff
111 Presidential Boulevard, Suite 137, Bala Cynwyd, PA 19004
5. Name and address of every other person or entity which has any
record lien on the property:
None
6. Name and address of every other person or entity which has any
record interest in the property and whose interest may be
affected by the sale:
Borough of Carlisle
Water & Sewer Department
53 West South Street
Carlisle, PA 17013
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Darlene Moyer
Tax Collector
Capital Tax Collection Bureau
19 S. Hanover Street
Carlisle, PA 17013
Cumberland County Tax Claim Bureau
1 Courthouse Square
Carlisle, PA 17013
7. Name and address of every other person of whom the Plaintiff
has knowledge who may have an interest in the property which
may be affected by the sale:
Tenant/Occupant
335-337 North West Street
Carlisle, PA 17013
Cumberland County Domestic Relations
13 N. Hanover Street
Carlisle, PA 17013
Commonwealth of Pennsylvania
Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
I verify that the statements made in this Affidavit are true
and correct to the best of my personal knowledge, information and
belief. I understand that false statements herein are made subject
to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn
falsification to authorities.
Date: April 23, 2001
THE LAW OFFICES OF
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. FEIN, P.C.
BY:
,
Barbara A. Fein, Es uire
Attorney I.D. No.5 002
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ALL THAT CERTAIN tract of land situate in the Borough of
Carlisle, County of Cumberland and State of Pennsylvania, being
known and numbered 335 and 337 North West Street, now 337 North
West Street, bounded and described as follows:
ON the West by North West Street, on the North by land now or
formerly of Harry Lackey, on the East by a private alley and on the
South by property now or formerly of Jacob Newman; containing 24
feet, more or less, in front on North West Street and extending in
depth 98 feet, more or less, to said private alley, having thereon
erected two dwelling houses and other improvements; and being
known as No. 335 and 337 North West Street.
AND BEING the same premises which Geraldine Hibner, Guardian
of the Estate of Geraldine Robinson, conveyed unto Arafat Maswadeh,
by Deed dated November 21, 1996 and recorded in the Office of the
Recorder of Deeds for Cumberland County on November 27, 1996, in
Deed Book Volume 149, Page 839.
ALSO BEING KNOWN as Tax Parcel No. 05-20-1798-055.
llL J...l' ,~ ti>.
THE LAW OFFICES OF BARBARA A. FEIN, P.C. Our File No. 00-5666
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. DiPaolo, Esquire / I.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorney for plaintiff
AMERICAN BUSINESS
CREDIT, INC.,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 00-8672
v.
ARAFAT MASWADEH AND
THE UNITED STATES OF AMERICA,
Defendant (s) .
AMENDED AFFIDAVIT UNDER PA. RCP RULE 3129
American Business Credit, Inc., Plaintiff in the above
captioned mortgage foreclosure action, sets forth as of the date
the praecipe for the Writ of Execution was filed, the following
information concerning the real property located at 335-337 North
West Street, Carlisle, Cumberland County, Pennsylvania, was true
and correct to the best of its knowledge, information and belief.
1. Name and address of each Owner and/or Reputed Owner:
Arafat Maswadeh
Cumberland County Prison
1101 Claremont Road
Carlisle, PA 17013
The United States of America
c/o U.S. Attorney General
u.S. Department of Justice
lOth and Pennsylvania Avenues
Washington, D.C. 20530
The United States of America
c/o U.S. Attorneys' Office
ATTN: Mary Padgett
228 Walnut Street
Harrisburg, PA 17108
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2. Name and address of each Defendant named in the judgment:
Arafat Maswadeh
Cumberland County Prison
1101 Claremont Road
Carlisle, PA 17013
The United States of America
c/o U.S. Attorney General
U.S. Department of Justice
10th and pennsylvania Avenues
Washington, D.C. 20530
The United States of America
c/o U.S. Attorneys' Office
ATTN: Mary Padgett
228 Walnut Street
Harrisburg, PA 17108
3. Name and last known address of every judgment creditor whose
judgment is a record lien on the real property to be sold:
M & T Bank Corporation
1 West High Street
Carlistle, PA 17013
4. Name and address of the last recorded holder of every mortgage
of record:
American Business Credit, Inc., Plaintiff
111 Presidential Boulevard, Suite 137, Bala Cynwyd, PA 19004
5. Name and address of every other person or entity which has any
record lien on the property:
None
6. Name and address of every other person or entity which has any
record interest in the property and whose interest may be
affected by the sale:
Borough of Carlisle
Water & Sewer Department
53 West South Street
Carlisle, PA 17013
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Darlene Moyer
Tax Collector
Capital Tax Collection Bureau
19 S. Hanover Street
Carlisle, PA 17013
Cumberland County Tax Claim Bureau
1 Courthouse Square
Carlisle, PA 17013
7. Name and address of every other person of whom the Plaintiff
has knowledge who may have an interest in the property which
may be affected by the sale:
Tenant/Occupant
335-337 North West Street
Carlisle, PA 17013
Cumberland County Domestic Relations
13 N. Hanover Street
Carlisle, PA 17013
Commonwealth of Pennsylvania
Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
I verify that the statements made in this Affidavit are true
and correct to the best of my personal knowledge, information and
belief. I understand that false statements herein are made subject
to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn
falsification to authorities.
Date: August 1, 2001
THE
A. FEIN, P.C.
BY:
~a
Barbara A. Fein, squire
Attorney I.D. No. 53002
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THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. DiPaolo, Esquire / I.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorneys for Plaintiff
AMERICAN BUSINESS
CREDIT, INC.,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
v.
NO. 00-8672
ARAFAT MASWADEH and
THE UNITED STATES OF
Defendants.
AMERICA,
CERTIFICATION OF NOTICES OF SALE TO LIENHOLDERS
I, Janet E. Brooks, Paralegal to Barbara A. Fein, Esquire,
Attorney for Plaintiff, hereby certify that upon information and
belief, diligent efforts have been made to identify all
persons/entities having mortgages, judgments, liens, or other
interest in the subject premises of the foreclosure proceeding, and
that such persons/entities have been sent Notices of Sheriff's Sale
(attached hereto as Exhibit HAH) and that said Notices were duly
served upon them in accordance with Pennsylvania Rule of Civil
Procedure Rule 3129. (Proof of mailing with a postmark date of
August 2, 2001 is appended hereto and incorporated herein by
reference as Exhibit HBH).
I declare under penalty of perjury that the foregoing is true
and correct.
August 28, 2001
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
BY: Janet E. Brooks, paralegal to
Barbara A. Fein, Esquire
Attorney for plaintiff
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BARBARA A. FEIN
ATTORNEY-AT-LAW
SUITE 100, 425 COMMERCE DRIVE
FORT WASHINGTON, PA 19034
(215) 653-7450
FAX (215) 653-7454
NOTICE OF CUMBERLAND COUNTY SHERIFF'S SALE
TO: All Parties in Interest and
Claimants
Improvements:
Residential Dwelling
OWNER(S): ARAFAT MASWADEH
PROPERTY: 335-337 North West Street
Carlisle
County of Cumberland, PA
Cumberland County
Court of Common Pleas
No. 00-8672
Please be advised that the above captioned property (and any
improvements thereon) is scheduled to be sold by the Cumberland
County Sheriff's Department on Wednesday, September 5, 2001 at 10
A.M., at the Cumberland County Court House, 1 Courthouse Square,
Carlisle, pennsylvania 17013. This sale is scheduled pursuant to
a judgment entered in the amount of $44,551.05 in the Court of
Common Pleas for Cumberland County.
Our records indicate that you may hold a mortgage or judgment on
the property which may be extinguished (removed) 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 thirty (30) days after the
sale. Distribution will be made in accordance with the schedule
unless exceptions are filed thereto within ten (10) days after the
filing of the schedule. You may call the Cumberland County
Sheriff's Department at (717) 240-6100 for the date on which the
distribution schedule will be posted.
Sincerely,
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
~a.t..
BY:
Barbara A. Fein, Esquire
Attorney for Plaintiff
Dated: April 23, 2001
Our File No. 00-5666
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ALL THAT CERTAIN tract of land situate in the Borough of
Carlisle, County of Cumberland and State of Pennsylvania, being
known and numbered 335 and 337 North West Street, now 337 North
West Street, bounded and described as follows:
ON the West by North West Street, on the North by land now or
formerly of Harry Lackey, on the East by a private alley and on the
South by property now or formerly of Jacob Newman; containing 24
feet, more or less, in front on North West Street and extending in
depth 98 feet, more or less, to said private alley, having thereon
erected two dwelling houses and other improvements; and being
known as No. 335 and 337 North West Street.
AND BEING the same premises which Geraldine Hibner, Guardian
of the Estate of Geraldine Robinson, conveyed unto Arafat Maswadeh,
by Deed dated November 21, 1996 and recorded in the Office of the
Recorder of Deeds for Cumberland County on November 27, 1996, in
Deed Book volume 149, Page 839.
ALSO BEING KNOWN as Tax Parcel No. 05-20-1798-055.
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MAR 2 2 200lt/J
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Court House
One Courthouse Square
Carlisle, PA 17013
CURTIS R. LONG, PROTHONOTARY
TO: Arafat Maswadeh
c/o CumerlandCounty Prison
1101 Claremont Road
Carlisle, PA 17013
AMERICAN BUSINESS
CREDIT, INC.,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 00-8672
v.
ARAFAT MASWADEH and
THE UNITED STATES 'OF AMERICA
Defendants.
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you
are hereby notified that a judgment has been entered against you in
thee above captioned proceeding as indicated below.
CURTIS R. LONG, PROTHONOTARY
[XX] Judgment by Stipulation (Consent) Entered between
Plaintiff and the Defendant, The United Statesiof America
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
BARBARA A. FEIN, ESQUIRE AT (215) 653-7450.
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THE.LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein / J.D. No. 53002
Kristen J. DiPaolo / LD. No; 79992
425 Commerce Drive, Suite 100.
Fort Washington, PA 19034. .
(215) 653-7450
Attorneys for Plaintiff
AMERICAN BUSINESS
CREDIT, INe.,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 00-8672
v.
ARAFAT MASWADEH and
THE UNITED STATES OF AMERICA,
Defendants.
JUDGMENT BY STIPULATION BETWEEN THE PLAINTIFF,
AMERICAN BUSINESS CREDIT, INC. AND
THE DEFENDANT, THE UNITED STATES OF AMERICA
It is hereby stipulated and agreed by and between counsel for the Plaintiff, American .
Business Credit, Inc., and the Defendant, The United States of America, as follows:
1. That the premises located at 335-337 North West Street, within the Borough of
Carlisle, Cumberland County, Pennsylvania, also known as Tax Parcel/Folio No. 05-20-1798-
055 ("Mortgaged Property"), as more fully described in Exhibit "A" of the instant Complaint
i
in Mortgage Foreclosur~, are owned by the Defendant, Arafat Maswadeh, subject to a mortgage
in favor of American Business Credit, Inc.
2. That the federal Iien(s) referred to in Plaintiff's Complaint in Mortgage
Foreclosure is junior in time to Plaintiff's mortgage, that being dated August 3, 1999 and
recorded on August 16, 1999 at Mortgage Book/Volume i564, Page 60 in the Cumberland
County Recorder of Deeds' Office.
3. That Defendant, The United States of America; is not indebted to the Plaintiff.
4. That Defendant, The United States of America, agrees to the entry in this action
of this judgment in favor of the Plaintiff and against the United States of America, for
foreclosure and sak of the Mortgaged Property.
5. That the Mortgaged Property shall be sold at a judicial sale, notice of which shall
be served on the Defendant, TheUnited States of America, to the Assistant U.S. Attorney
executing this Judgment bye Stipulation.
6-. That the judicial sale of the Mortgaged Property shall discharge the federallierr(s)
referred to in the Complaint in Mortgage Foreclosure.
7. That any proceeds derived from the sale shall be divided and distributed as the
parties may be entitled and any funds due to The United States of America shaY be sent to the
Financial Litigation Unit at, U.S. Attorney's Office Room 309, Federal Building, Scranton, PA
18501.
8. That the Defendant,. The United States of America, preserves its right of
redemption as provided under Title 28, V.S.C. Section 2410(c).
9. The parties to this JudgIilent by Stipulation shall bear their own respective costs
in this proceeding.
BY;
Kri en'. D' aolo, Esquire
Attorney J.D, No. 79992
Attorney for Plaintiff
UNITED STATES ATTORNEY FOR
THE MIDDLE DISTRICT OF PENNSYLVANIA:
BY:
~
li J. T z, Esquire
Assis t U. . Attorney
Attorney fo the Defendant
The United States of America
" AND NOW this J..3C-q day of ~ .' ,2001, it is hereby ordered and
. IS/~ m d J()/V
, J.
',....',,~.ij~~1 F.. (""Y' r.:!')OM RECORD
\'''. '1':.::r';I'.;:,'! "',f:I'E.of I;ihef~ unto set my hIllI!t
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OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Court House
One Courthouse Square
Carlisle, PA 17013
CURTIS R. LONG, PROTHONOTARY
TO: Arafat Maswadeh
c/o Cumerland County Prison
1101 Claremont Road
Carlisle, PA 17013
AMERICAN BUSINESS
CREDIT, INC.,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 00-8672
v.
ARAFAT MASWADEH and
THE UNITED STATES OF AMERICA,
Defendants.
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you
are hereby notified that a judgment has been entered against you in
the above captioned proceeding as indicated below.
~~, 'ROTHONOTARY
[XX] Judgment by Default entered
.~
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
BARBARA A. FEIN, ESQUIRE AT (215) 653-7450.
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. DiPaolo, Esquire / I.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorneys for Plaintiff
AMERICAN BUSINESS
CREDIT, INC.,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 00-8672
v.
ARAFAT MASWADEH and
THE UNITED STATES OF AMERICA,
Defendants.
PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER
AND FOR ASSESSMENT OF DAMAGES
Kindly enter judgment for $44,551.05 in favor of Plaintiff,
American Business Credit, Inc., and against the Defendant, Arafat
Maswadeh, for failure to file an Answer to Plaintiff's Complaint in
Mortgage Foreclosure within twenty (20) days from service thereof
and asse.ss Plaintiff's damages as follows and calculated from those
set forth in the Complaint.
Principal balance of mortgage
Interest due and owing at the rate of
15.99% calculated from April 14, 2000
through July 18, 2000
Interest due and owing at the rate of
24.0% calculated from the July 19, 2000
through March 14, 2001
Late Charges due and owing under the Note
in accordance with the terms of the
Mortgage Instrument
Escrow Advances made by Plaintiff
Mortgagee on behalf of Defendant
mortgage account
Pre-payment penalty as stated in the
Mortgage Instrument
Attorneys' fees
$27,870.23
1,187.52
4,422.04
986.58
434.66
8,256.51
1,393.51
TOTAL IN REM JUDGMENT TO BE ENTERED
$44,551. 05
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TOTAL IN REM JUDGMENT TO BE ENTERED
$44,551.05
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
BY:
~{L
Barbara A. Fein, Es
AND NOW, judgment is entered in favor of the Plaintiff,
American Business Credit, Inc., and against the Defendant, Arafat
Maswadeh, and damages are assessed as above in the sum of
$44,551. 05. .
Pro. Prothonotary
'-'-";,
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. DiPaolo, Esquire / LD. No. 79992
425 commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorneys for Plaintiff
AMERICAN BUSINESS
CREDIT, INC.,'
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
v.
NO. 00-8672
ARAFAT MASWADEH and
THE UNITED STATES OF AMERICA,
IJefenOai1ts .
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
: 8.S.:
COUNTY OF MONTGOMERY
.
.
THE UNDERSIGNED being duly sworn, deposes and says that the
averments herein are based upon investigations made and records
maintained by us either as Plaintiff or as servicing agent of the
Plaintiff herein named and that the above named Defendants are not
in the' Military or Naval Service of the United States of America or
its Allies as defined under the Soldiers and Sailors Civil Relief
Act of 1940, as amended, and that the age and last known residence
and employment of each Defendant are as follows:
Defendant :
Age :
Residence :
Employment:
Arafat Maswadeh
Over 18
335 North West Street, Carlisle,_ PA 17013
Unknown
/
/
COMPANY:
Susan B. aftulin, Esquire
Vice President of
Legal" Affairs .
American Busine~s
Credit, Inc.
NAME:
TIT~:
/
Sworn to and subscribed
before mfJ this d 15
dl:~er~
Nota rv Public'
NolarlalSeal .
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. ~.::::-.~~; 7:;j';flS~fi'vinia Association of Notaries
, 2000.
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THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. DiPaolo, Esquire / I.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450'
Attorneys for Plaintiff
AMERICAN BUSINESS
CREDIT, INC.,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 00-8672
v.
ARAFAT MASWADEH and
THE UNITED STATES OF AMERICA,
Defendants.
CERTIFICATION OF MAILING OF NOTICE UNDER PA. RCP RULE 237.1
The undersigned hereby certifies that a written Notice of
Intention to File a Praecipe for the Entry of Default Judgment was
mailed to the Defendant(s) and/or to their legal counsel of record,
if any, after the default occurred and at least ten (10) days prior
to the date of the filing of the Praecipe. Said Notice was sent on
the .date set forth in the appended copy of the Notice, sent as
stated.
Dated: February 26, 2001
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
BY:
Barbara A. Fein, Es ire
Attorney for Plaintiff
Attorney I.D. No. 53002
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THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. DiPaolo, Esquire / I.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorneys for Plaintiff
AMERICAN BUSINESS
CREDIT, INC.,
Plaintiff,'
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 00-867?
v.
ARAFAT MASWADEH and
THE UNITED STATES OF AMERICA,
Defendants.
NOTICE OF INTENTION TO TAKE DEFAULT UNDER PA. RCP RULE 237.1
IMPORTANT. NOTICE
You are. in default because you have failed to take action
required of you in this case. Unless you act within ten (10) days
from the date of this notice as set forth below, a Judgment may be
entered against you without a hearing and you may lose your
property or other important rights. You should take this notice to
a lawyer at once. If you do not have a lawyer or cannot afford
one, go to or telephone the following office to find out where you
can get legal help:
.
Cumberland County Court Administrator
4th Floor
Cumberland County Court House
1 Courthouse Square
Carlisle, PA 17013
(717) 240-6200
/
j.l,_.
NOTIFICACION IMPORTANTE
usted se encuentra en est ado de rebeldia por no haber tornado la
accion requirida de su parte en este case. Al no tomar la accion
debida dentrp de un termino de diez(10) dias de la fecha de est'a
notificacion, el tribuna podra, sin necesidadde compararecer usted
in corte 0 escuchar preuba alguna, dictar sentencia en sucontra.
usted puede perder bienes y otros derechos importantes. Debe
llevar esta notificacion a un abogado immediatamente. Si usted no
tiene abogado 0 si no tiene dinero suficiente Raratal servicio,
vayaen persona 0 llame por telefono ala oficina cuyadireccion se
encuentra escrita abajo para averiguar donde se puede conseguir
assitencia legal:
Cumberland County Court Administrator
4th Floor
Cumberland County Court House
1 Courthouse Square
Carlisle, PA 17013
(717) 240-6200
Dste of Notice: February 26, 2001
PERSONS SERVED:
Arafat Maswadeh
c/o Cumberland Co. Prison
1101 Claremont Road
Carlisle, PA 17013
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
BY: ~a.~i
,Barbara A. Fein, E quire
Attorney for Plaihtiff
Attorney I.D. No. 53002
/
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THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. DiPaolo, Esquire / I.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorneys for Plaintiff
AMERICAN BUSINESS
CRE:DIT, INC.,
. Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 00-8672
v.
ARAFAT MASWADEH and
THE: UNITED STATES OF AMERICA,
Defendants.
CERTIFICATION OF ADDRESS
I, Barbara A. Fein, Esquire, Attorney for Plaintiff, American
Business Credit, Inc., hereby certify that the Plaintiff's correct
address is 111 presidential Boulevard, suite 215, Bala Cynwyd, PA
19004, and the last known address of the Defendant is as below.
Arafat Maswadeh
c/o CumerlandCounty Prison
1101 Claremont Road
Carlisle, PA 17013
BY:
A. FEIN, P.C.
Bar ara A. Fein, E
Attorney for Plai
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THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. DiPaolo, Esquire / I.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorneys for Plaintiff
AMERICAN BUSINESS
CREDIT, INC.,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 00-8672
v.
ARAFAT MASWADEH and
THE UNITED STATES OF AMERICA,
Defendants.
CERTIFICATE OF SERVICE
I, Barbara A. Fein, Esquire, Attorney for Plaintiff, American
Business Credit, Inc., hereby certify that I have served a true and
correct copy of the appended mortgage foreclosure pleadings/papers
upon the following party at the last known address and/or upon an
attorney of record, as noted:
Arafat Maswadeh
c/o Cumerland County Prison
1101 Claremont Road
Carlisle, PA 17013
THE LAW OFFICES OF BARB
A. FEIN, P.C.
BY:
Barbara A. Fein, E
Attortiey for Plain