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Home My WebLink About01-1906 FX <,'I i ,,"" . ,'~ "--tic: FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq. Atty. l.D. #69849 1617 Jolm F. Kennedy Boulevard Suite 1400 Philadelphia~PA 19l03c18l4 (? 1 S) Slli-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, FA, S/I!I TO BANK UNITED COURT OF COMMON PLEAS CNIL DIVISION vs. CUMBERLAND COUNTY WESLEY A. SWARTZ SHIELA D. SWARTZ NO. 01-1906 ORDER AND NOW, this day of , 2001, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court and the Affidavit of Reasonable Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Complaint on the above captioned Defendant(s) WESLEY A. SWARTZ AND SffiELA D. SWARTZ, by mailing a true and correct copy of the Complaint by certified mail and regular mail to the Defendant's last known address, and to the mortgaged premises located at 183 ZION ROAD, NEW BURG, P A 17240. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit as to the mailing. BY THE COURT: J. H:/Main Forms/motions/county.e:omp " ," ... ~ I >. _ " .. ~., " ,~~<".. , ''''f FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, FA, SllII TO BANK UNITED 3200 SOUTHWEST FREEWAY HOUSTON, TX 77027 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff v. NO. CJI - jtJtJft; ~ CUMBERLAND COUNTY WESLEY A. SWARTZ SHIELA D. SWARTZ) A-(/<.(It 5/1E?/t.-Ir 183 ZION ROAD NEW BURG, PA 17240 Defendant( s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TillS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 Loan #: 6299597 , , " J,..' ,.'- "'" ~~'~-""!mt 1. Plaintiff is WASHINGTON MUTUAL BANK, FA, S/I/r TO BANK UNITED 3200 SOUTHWEST FREEWAY HOUSTON, TX 77027 2. The name(s) and last known addressees) of the Defendant(s) are: WESLEY A. SWARTZ SHlELAD.SWARTZ;I/o!I<./1T 5HtlL.A 183 ZION ROAD NEW BURG, P A 17240 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 11/10/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMRESCO RESIDENTIAL MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1497, Page 204. PLAINTIFF is now the legal owner ofthe mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 8/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." d',l ~ H ,~,",.,"~"'" '... ',-",.'" '~, ~'~': 6. The following amounts are due on the mortgage: Principal Balance Interest 7/1/00 through 3/1/01 (Per Diem $40.63) Attorney's Fees Cumulative Late Charges 11/1 0198 to 3/1/01 Cost of Suit and Title Search Subtotal $156,096.07 9,913.72 4,000.00 423.33 550.00 $170,983.12 Escrow Credit Deficit Subtotal 0.04 0.00 ($ 0.04) TOTAL $170,983.08 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. 91680A03c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiffs written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $170,983.08, together with interest from 3/1/01 at the rate of $40.63 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. ~:r~ Isl Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff " O~ I,. ", ,- .,,'- illlIWh~ : a- ::r .-'I .0 f'- fT1 .-'I f'- 1\J C C C C 1\J 1\J fT1 a- a- c f'- postage $ certified Fee postmarK ",,. Return Receipt Fee (Endorsement Required'! Restricted Delivery Fee {EndOrsement Required) Tot81 postage & feeS $ .- -.. . . ?"- m ~ I"- 'nJ o o o o ',<,,,,,,,,,, H... i;;;'II..,I\\;il,\\iIlr /i;. \l.:..^~ l.}.'U &1,'~: t J" , - .-'. '-nO, "i1ii.." l . ,-" W''''---'-" ~~[ 3200 Southwest Freeway, PT 1432 P.O. Box 2824 Houston, Texas 77027 DATE November 27, 2000 BANK U UNITED ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortl!al!e on vour home is in default. and the lender intends to foreclose. Specific information about the nature ofthe default is provided in the attached pal!es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save vour home. This Notice explains how the prOl!ram works. To see if HEMAP can help. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet with the Counselinl! Al!encv. The name. address and phone number of Consumer Credit Counselinl! Al!encies servinl! vour Countv are listed at the end of this Notice. Ifvou have anv Questions. vou may call the Pennsvlvania Housinl! Finance Al!encv toll free at 1-800-342-2397. (Persons with impaired hearinl! can 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 CONTENDO DE ESTA ".- NOTIFlCACION OBTENGA UNA - TRADUCCION INMEDITAMENTE 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 SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Gl -- ~~, EXtjJI~!lft < ~... ..I -"" I" '.J " . -- r.~"" - , ';--~'I'L' ,i Page I of5 HOMEOWNER'S NAME(S ) Wesley A. Swartz PROPERTY ADDRESS 183 Zion Road, New Burg, PA 17240 LOAN ACCOUNT 6299597 ORIGINAL LENDER Amresco CURRENT LENDERlSERVICER: Bank Uuited HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACI' OF 1983 (fHE "ACI'n), YOU MAY BE ELIGffiLE FOR EMERGENCY MORTGAGE ASSISTANCE: . IF YOUR DEFAULT HAS BEEN CAUSED BY CmCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELlGffiILITY REQUIREMENTS ESTABLISHED BY THE PENNSYL VANIA 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 PART OF TillS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and teleohone numbers of designated consumer credit counseling agencies for the countv in which the orooertv 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 immediatelv 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 Pro~. To do so, you must fill out, sign and file a completed Homeowner's Emergell:cy AsSistance Program ApplicationMth one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for ~e program and they will assist you in submitting a complete application to the Pennsylvania Housmg Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face- to-face meeting. . YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAll.. TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN TillS LEITER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. EXHIBIT A o - --- ,,_ o~, J . -" ,.., ~"~,' -"' Page 2 of5 A?ENCY ACTlON - Available funds for emergency mortgage assistance are very limited. They will b~ disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Fmance 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 TmS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have fUed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring- it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located 183 Zion Road, New Burg, P A 17240 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: September through November Late Charges Bad Check Fees Inspection Fees $3,978.09 1,576.26 30.00 43.50 TOTAL AMOUNT PAST DUE: $5,627.85 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT - You may cure the default within TIlIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS. $,5627.85ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE TIllRTY (30) DAY PERIOD. Payments must be made either bv cash. cashier's check. certified check or money order made navable and sent to: Bank United 3200 SW Freeway Su 1432 Houston, TX 77027 You can cure any other default by .taking the following action within TIlIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) iF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within TIlIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its ril!hts to accelerate the mortl!aee 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 EX(WJ~BUlt IA " , ,~~ L I ~-- --l( foreclose upon your mortl!al!ed property. Page 3 of5 IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, iflegal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. Ifvou cure the default within the THIRTY (30) DAY period. you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the \lllpaid principal balance and all other sums due under the mortgage. If your debt has been discharged in bankruptcy without your having reaffirmed it, then lender cannot pursue this remedy. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the TIIIRlY (30) DAY period and foreclosure proceedings have begun, yOU still have the ril!ht to cure the default and prevent the sale at any time UP to one hour before the Sheriffs Sale. You may do so bv paving the total 'amount then past due. nlus any late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing bv the lender and bv performing anv other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date ofthe 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: Bank United 3200 SW Freewav Su 1432 Houston. 1J{ 77099 Phone Number: Fax Number: Contact Person: 888-489-3733 713-543-3023 Susan M. Nies EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and ygur furnishings and other belongings could be star!ed.by the lender at any time. . ASSUMPTION OF MORTGAGE - YOU.2L- may** or _ may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. ** Assumption may be subject to credit approval and or other conditions EXH~Bn A <-' ..l. ~'_ II v '.' J'>,I"",-;_~', i, -ili'"", .""~~-,, '.'~""'~' -',' 1'"~"- Page 4 of5 YOU MAY ALSO HAVE THE RIGHT: . TO SELL lliE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOlliER LENDING INSTITIJTION TO PAY OFF TIllS DEBT. . TO HAVE TIllS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HAVE lliE MORTGAGE RESTORED TO THE SAME POSmON AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE lliE DEFAULT. (HOWEVER, YOU DO NOT HAVE TIllS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT lliE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTIlER LAWSUIT INSTITUTED UNDER TIlE MORTGAGE DOCUMENTS, . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY lliE LENDER. . TO SEEK PROTECTION UNDER lliE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Enclosed. please find a list of all Counselinl! Al!encies EXHISIT,,,. ~~~- ~.I ~ f__ . "~ , I 1'~' ~"~i!" PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) Lycoming..clinton Counties Commision for Community Action (STEP) 2138 Lincoln Street P.O. Box 1328 Williamsport, P A 17703 (570) 326-0587 FAX (570) 322-2197 CLINTON COUNTY CCCS of Northeastern P A 1631 South Atherton St, Suite 100 State College, PA 16801 (814) 238-3668 FAX (814) 238-3669 CCCS of Northeastern P A 20 I Basin Street Williamsport, P A 17703 (570) 323-6627 FAX (570) 323-6626 COLUMBIA COIINTY 31 W. Market Street. . POB 1127 Wilkes~Barre, PA 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 1400 Abington,Executive,Park Suite 1 Clarles Summit, P A 18411 (570) 587-9163 or (800) 922-9537 FAX (570) 587-9134-9135 Commission on Economics Opportunity of Luzeme County 163 Amber Lane Wilkes-BlllTe, PA 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1665-{Call Before Faxing) (570) 455-4994 Hazeitown FAX (570) 455-5631-{Calt Before Faxing) (570) 836-4090 Tunkhannock CRAWFORD COUNTY Booker T. Washington Center 1720 Holland Center Erie, PA 16503 (814) 453-5744 FAX (814) 5749 Greater Erie Community Action Committee 18 West 911l Street Erie, PA 16501 (814) 459-4581 FAX (814) 456-0161 John F. Kennedy Center, Inc. 2021 East 20. Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 Shenango Valley Urban League, Inc. 601 Indiana Avenue FlllTCll. PA 16121 (412) 981-5310 CUMBERLAND COUNTY Financial Counseling Services of Franklin 31 West3~Street Waynesboro, PA 17268 (717) 762-3285 CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road HarrisbUrg. PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg N. 611l Street Harrisburg. PA 17101 (717) 234-5925 FAX (717) 234-9459 YWCA of Carlisle 30 I "G" Street Carlisle, PA 17013 , (717)243-3818 FAX(717)731-9589 Community Action Comm of the Capital Region 1514 Derry Street Hanisburg. PA 17104 (717)232-9757 FAX (717) 234-2227 Adams County Housing Authority 139-143 Carlisle St Gettysburg. PA 17325 (717) 334-1518 FAX 334-8326 PENNSYLVANIA BULLETIN, VOL. 29, NO. 23, JUNE 5, 1999 F}(J"U err A " I,", J ~ , " '.--lli~, ALL the fallowing descl:ibed real estate lying and being situate in Hope"'ell Township, Cumberland County, Pennsylvania, bo~nded and limited as follows: BEGrNNrNG at an iron pin on the easterly dedicated right of way of Township Road No. ~76 at corner of Lot No. 2 an a plan of lots hereinafter referred to; thence by said Lot No.2, South 71 degrees 35 minutes 58 seconds East 237.94 feet to an iron pin; thence by the same, South 18 degrees 24 minutes 1 second West 230 feet. to an iron pin an line of lands now or formerly of steve Elrath; thence by said lands now or formerly of Steve Elrath, North 70 degrees 33 minutes 27 seconds West 230 feet to an iran pin on the easterly dedicated right of way line of the aforementioned Township Road 378; thence by the easterly dedicated right of way lin.. of Township Road No. 378, North 18 degrees 54 minutes 42 seconds East 225.64 feet to an iron pin, the place of BEGrNNING. CONTAINrNG 1.250 acres and being Lot No. ~ an a p1an of 10t'" entit1ed "Mi11 Run Acres" prepared for Wi11iam F. Lucas by Kissinger and wolfe, Surveyors, dated May 24, ~977, ana recorded in the Orrice of the Recorder of Deeds of cumberland county, PQnnsy1van~a, in P1an Book 30, Page 97. BEING that same rea1 estate that William F. Lucas. 5ing1.. man, by his deed dated August 23, ~980 and recorded in the Office of the Recorder of Deeds in and far Cumberland County, Pennsylvania, in Deed Book "8", Volume 29 at Page 911, conveyed to S & R Construction, a partnership, and having Robert swart6 and Walter RitChey, as partners, Grantors herein. PREMISES: 183 ZION ROAD .~. ~ ''''~'~'' . ~ --= . JI _.~ .<~" u ~'iiiil' ,- "'"~ 'I~" - - VERIFICATION TERESA SWITZER hereby states that she is SECOND VICE PRESIDENT ofPNC MORTGAGE CORP. OF AMERICA mortgage servicing agent for Plaintiff in this matter, that she is .authorized to take this Verification, and that the statements made in the foregoing Civil Action in MOrtgage Foreclosure are true and correct to the best of her knowledge, infonnation and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 3/1:[/01 TERESA SWITZER 2nd VICE PRESIDENT ~ - ,~,;,g~,"WF&""'~f,,,,'W,,..t''''d,,jl\;,;,'*'',,&>;N~,it]!,gjlii0'-&"'';,,-"'-l(il,~t~"ii~~"':l'."; , '<'~"'d""""!,-L'-<"i,,~,,,i'r'1;i;"",,_~'\Iih~~li!iili!!M! ,~ ~ ~~ Vi -..J ~ ~ ~ ~-~.,~ ~000li~~~1l,1 ~ ~~ ~ & (,., ~ 'It, \j ~ '\ ~ ~ . _~!i"'~ &""'i,'!"."ft . Mii:!~1i ~-~ illlMlI'" ,~~ 'j ~ 0 CJ c: 1 ~- J.~ -0 C' "'~J 8 0-, C"..] _."- ..c- :1:' 2~1:--- \ (J) , [~,) % , , ~ ~r"'f' ~~C' Z' - " -c )?C C:? ~) il ~ :.-' :J1 .' :.0 ll' '-< - ~ ,0_' ~ ' " ~ ,~ --,- I,. I~"=I ;"_ ~' ,- '. ""i"" SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-01906 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS SWARTZ WESLEY A ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT SWARTZ SHEILA but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , SWARTZ SHEILA AFTER 4 ATTMEPTS UNABLE TO MAKE SERVICE COMPLAINT EXPIRED Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 ~~ R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 05/07/2001 Sworn and subscribed to before me this J/~ day of ~/ J.wr A.D. ~, Q. fu,i~ I~ Prot 0 otary ~'\'.~:'\ '"y- -' '~'_.._~"..;~.~--"- ~ '00 o ~I "'_ ~ ." I~ ,~ " ',,, ' .~; i"4H:J: SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-01906 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS SWARTZ WESLEY A ET AL Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT SWARTZ WESLEY A but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , SWARTZ WESLEY A AFTER 4 ATTEMPTS UNABLE TO MAKE SERVICE COMPLAINT Expired Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 12.40 .00 10.00 .00 40.40 ~~ . 'Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 05/07/2001 Sworn and subscribed to before me this .l/~ day of 7h; .:lw I A.D. ~a.~~ Pr notary . , ''''\ .."It. ,. -, ." "> 'lli'l/ilI'lI. " , "'. '0 ", -'-' . ,'", '_, '-i ",.', ~ ". isl_l>ik FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 16 I 7 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION WASHINGTON MUTUAL BANK, FA, S/l/l TO BANK UNITED 3200 SOUTHWEST FREEWAY HOUSTON, TX 77027 TERM Plaintiff NO. t)/ ~ life? b;J v. CUMBERLAND COUNTY WESLEY A. SWARTZ SHIELA D. SWARTZ 183 ZION ROAD NEW BURG, PA ]7240 Defendant{s} CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY [NFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE [N BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE [S NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty {20} days after this Complaint and Notice are served. by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to YOll. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER A T ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 We hereby Within to be certify the Correct cop a true and Original fil Y of the f=EDERM ed ot reCOrd 'AN AND PHELAN Loan #: 6299597 ~~ -it; 1. Plaintiff is W ASHlNGTON MUTUAL BANK, FA, SIIII TO BANK UNITED 3200 SOUTHWEST FREEWAY HOUSTON, TX 77027 2. The name(s) and last known addressees) of the Defendant(s) are: WESLEY A. SWARTZ SHIELA D. SWARTZ ] 83 ZION ROAD NEW BURG, P A 17240 who islare the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 11/10/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMRESCO RESIDENTIAL MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County. in Mortgage Book No. ]497, Page 204. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 8/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A" ., , "'." , " . ' if' ~Wj, 6. The following amounts are due on the mortgage: Principal Balance Interest 7/1/00 through 3/1/01 (Per Diem $40.63) Attorney's Fees Cumulative Late Charges 11/10/98 to 3/1/01 Cost of Suit and Title Search Subtotal $156,096.07 9,913.72 4,000.00 423.33 550.00 $170,983.]2 Escrow Credit Deficit Subtotal 0.04 0.00 ($ 0.04) TOTAL $170,983.08 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. s] 680A03c on the daters) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiffs written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $170,983.08, together with interest from 3/1/01 at the rate of $40.63 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. TRUE COPY FR0M RECORD In Testimony whereof, I h;,re unto set my hand and th~ seal of said Court at Carlisle, Pa. This..,;;}......:. day Of~......, ~;.: ...........~,...x:..~~t~~. /s/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ","'J', '" "'.c'" " ~. 'i' If" 3' .-'I cO l'- rn .-'I l'- ru CI CI CI postage . certified Fee postmar\<. H.<8 Return Receipt Fee (Endorsement Required) Restricted eelivetY Fee tEnc;lor5ement Required) o 'total p0sta98 & FeeS $ ru ru rn If" If" CI l'- I'- ", r-:J POstage I'- I1J Certified Fee o (End~~~~ Rece' o -'-.nent R lpt Fee o R~ eqUired) lEndo,..", DelIv t::J ent RS1y Fee t1.J Total Posta Elqulred) ru gea Fees $ m Name (Pl I. I zase Print 0- sru:eD f!t fie/earlY) rn 0- reel A ~ r :o"e.t o 1.'6.3. p~~ ~or po's":'Li)G/JJ,;p'e'Bd by me"e I'- ." . SI';i..~Q..JlQQJ ..l-.......h,.h.....~..h Pes'"''''' He>> 'Tik"'{)h' ~~\~\i?:,~"r'';. , .'. <"~f"~} 3200 Southwest Freeway, PT 1432 P.O. Box 2824 Houston, Texas 77027 DATE November 27, 2000 BANK U UNITED ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortl!al!e on vour home is in default. and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pal!es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) may be able to help to save your home. This Notice explains how tbe prOl!ram works. To see ifHEMAP can help. yOU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with yOU when vou meet with the Counselinl! Al!encv. The name. address and phone number of Consumer Credit Counselinl! Al!encies servin!! your Countv are listed at the end of this Notice. Ifvou have any Questions. vou may call the Pennsvlvania Housin!! Finance Al!encv toll free at 1-800-342-2397. (Persons with impaired hearin!! can 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 CONTENDO DE ESTA .~- 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. G:t -- --. EXH'~n ,;,1 FDlCITLSurer , ".~, . ,.- ,. J\ Page 1 of5 HOMEOWNER'S NAME(S ) Wesley A. Swartz PROPERTY ADDRESS 183 Zion Road, New Bnrg, PA 17240 LOAN ACCOUNT 6299597 ORIGINAL LENDER Amresto CURRENT LENDERlSERVICER: Bank United HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE Acr OF 1983 (mE' Acr"), YOU MAY BE ELIGffiLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGffiILITY REQUIREMENTS ESTABLISHED BY THE PENNSYL VANIA 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 PART OF TillS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. . . . CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and teleohone numbers of desilmated consumer credit counseling agencies for the countv in which the DrODertv 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 immediatelv 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, yo.u have the right to apply for financial assistance from the Homeowner's Emergency Mortgage AsSIstance Pro~. To do so, you must fill out , sign and file a completed Homeowner's Emergell;cy AsSIstance Program Application with one of the designated consumer credit counseling agencIes listed at the end of this Notice. Only consumer credit counseling agencies have applications for !he program and they will assist you in submitting a complete application to the Pennsylvania Housmg Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face- to-face meeting. . YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAll.. TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN TillS LEITER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. ,...."'I.!.urll1"~U'v. A ~.r, rll L t~ ~ ~ '. -. ,'~~~" -~" -, , ,,-. ,~ ' " ' ~jr'; Page 2 of5 A?ENCY 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 TmS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have ftled bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located 183 Zion Road, New Burg, P A 17240 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: September through November Late Charges Bad Check Fees Inspection Fees $3,978.09 1,576.26 30.00 43.50 TOTAL AMOUNT PAST DUE: $5,627.85 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use ifnot applicable): HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the.date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WInCH IS. S,S627.8SANY MORTGAGE PAYMENTS AND LATE CHARGES WInCH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either bv cash. cashier's check. certified check or money order made oavable and sent to: Bank United 3200 SW Freeway Su 1432 Houston, TX 77027 You can cure any other default by.taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use ifnot applicable.) IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its ril!hts to accelerate the mortl!al!e debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due IS not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal actIOn to 'Cv';~'l;c.fl1"it' "\ ~^, ~~_J,......J,~ ~ !!"'" ~~~~ " ... ~ii, foreclose upon Your mortl!al!ed property. Page 3 of5 IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, iflegal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If YOU cure the default within the THIRTY (30) DAY period, YOU will not be reQuired to pav attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If your debt has been discharged in bankruptcy without your having reaffirmed it, then lender cannot pursue this remedy. 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 rill:ht to cure the default and prevent the sale at anv time UP to one hour before the Sheriffs Sale. You mav do so bv pavinll: the total amount then past due. plus any late or other charll:es then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writinll: by the lender and by performinll: any other reouirements under the mortll:all:e. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 6 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 contactiog the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Bank United 3200 SW Freewav Su 1432 Houston, TX 77099 Phone Number: Fax Number: Contact Person: 888-489-3733 713-543-3023 Susan M. Nies EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and Y9ur furnishings and other belongings could be started .by the lender at any time. - ASSUMPTION OF MORTGAGE - You -"'-- may** or _ may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges' and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. ** Assumption may be subject to credit approval and or other conditions ~x., ,~., j" C. :11~e!1-,1 A\ =' ~. "d __ ." .~ A ~ . _;;f: Page 4 of 5 YOU MAY ALSO HAVE THE RIGHT: . TO SELL TIIE PROPERTY TO OBTAlN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTIIER LENDING INSTIIUTIONTO PAY OFF THIS DEBT. . TOHAVETIHS DEFAULT CURED BY ANYTIHRDPARTY ACTING ON YOUR BEHALF. . TO HAVE TIIE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE TIIE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHI TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT TIIE NONEXISTENCE OF A 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Enclosed, please find a list of all Counselinl! Al!encies EXHUFW; _ . . .- , " ~ PENNSYLVANIA HOUSING FINAl'IfCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) Lycoming..clinton Counties Commision for Community Action (STEP) 2138 Lincoln Street P.O. Box 1328 Williamsport. PA 17703 (570) 326-0587 FAX (570) 322-2197 CCCS of Northeastern P A 201 Basin Street Williamsport. P A 17703 (570) 323-6627 FAX (570) 323-6626 31 W. Market Street ?OB 1 t27 Wilkes-Barre, P A 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 CLINTON COUNTY COLUlI<mlA COL'i'TY Commission on Economics Opportunity of Luzeme County 163 Amber Lane Wilkes-Barre, P A 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1 665-(Call Before Faxing) (570) 455-4994 Hazeltown FAX (570) 455-5631-(Call Before Faxing) (570) 836-4090 Tunkbannock Booker T. WashingtOn Center 1720 Holland Center Erie, P A 16503 (814) 453-5744 FAX (814) 5749 John F. Kennedy Center, Inc. 2021 East 201ll Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-t243 cces of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Meuopolitan Harrisburg N.6tb.Street Harrisburg,. PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Conun of the Capital Region 15 14 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 CRAWFORD COUNTY CUMBERLANIl COUNTY CCCS of Northeastern PA 1631 South Atherton St, Suite 100 Stale College, PA 16801 (814) 238-3668 FAX (814) 238-3669 1400 Abington Executive Park Suite 1 Clarks Summit. P A 18411 (570) 587-9163 or (800) 922-9537 FAX (570) 587-9134-9135 Gre:lter Erie Community Action Committee 18 West 9th Street Erie, PA 16501 (814) 459--1581 FAX (814) 456-0161 Shenango Valley Urban League, Inc. 601lndiana Avenue Farrell, PA 16121 (412) 981-5310 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (71 7) 762-3285 YWCA of Carlisle 301 "0" Street Carlisle, PA 17013 . (717)243-3818 FAX (717)731-9589 Adams County Housing Authority 139-143 Carlisle St Gettysburg. PA 17325 (717) 334-1518 FAX 334-8326 PENNSYL V AJ\IIA BULLETIN, VOL. 29. NO. 23, JUNE 5. 1999 "''' , '.'. illll&if; \L:~~( ;~~) ~~ "~.:: 'J ~ f"\ ""''''-' "'--=' , '"',' -iIItj' " ':it: ALL the rollowing descl.-ibed real estate lying and being si~uate in Hopewell Township, Cumberland County, Pennsylvania, bounded and limited as follows: BEGINNXNG at an iron pin an the easterly dedicated right of way of Township Road No. 378 at corner of Lot No. 2 on a plan of lots hereinafter referred to; thence by said Lot NO.2, South 71 degrees 3S minutes S6 seconds East 237.94 feet to an iron pin; thence by the same, South 16 degrees 24 minutes 1 second West 230 feet to an iron pin on line of lands now or formerly of Steve Elrath; thence by said lands now or formerly of steve Elrath, North 70 degrees 33 minutes 27 seconds West 230 feet to an iran pin on the easterly dedicated right of way line of the aforementioned Township Road 378; thence by the easterly dedicated right of way line of Township Road No. 378, North 18 degrees 54 minutes 42 seconds East 225.64 feet to an iron pin, the place of SEGXNNXNG. CONTAXNING 1.250 acres and being Lot No. 1 on a plan of lots entitled "Mill Run Acres" prepared for William F. Lucas by Kissinger and Wolfe, Surveyors, dated May 24, 1977, and recorded .in the Office of the Recorder of Deeds of Cumberland county, Pennsylvania, in plan Book 30, Page 97. BEING that same real estate that William F. Lucas, single man, by his deed dated AUgU5t 23, ~9BO and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed SOOK "B", Volume 29 at pag-e 911, conveyed to S .. R Construction, a partnership, and having Robert swartz and walter Ritchey, as partners, Grantors herein. PREMISES: 183 ZION ROAD ;,r-,. .>', ., Jllmti- VERIFICATION TERESA SWITZER hereby states that she is SECOND VICE PRESIDENT of PKC MORTGAGE CORP. OF AMERICA mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 3(28101 ~tlAr TERESA SWITZER 2nd VICE PRESIDEI\'T "J.'l' '"1:~, .~:\?- ~~!lli.!JiJ1i!o\li:;'IHfuJ~~'i:-;!-;"';;W"dt"""=ijtiJji<iJWj"'#d"-..;f.il"",,,,,.,,na;","j;;;;.l1I"~~""''''''.oi'''';~",-"",Olfl,!,Ho,:!ti',I!i!SiIIil<l<ll.'Y. (Ji) ~ '~ , .:x::JI VII!.~i~ 1), S ~I N3d - ~ - (" ! '.- ~ ". -, !"\ -, f "~'I:! /0. Hd 9E E Z IIJV "-::1 ~~ '>-;;0 J..lIiHC, '.,,'. . <awl:} .t,JIIl3!Hr :JHi JO"3:}I~jO 1; -- iIlil ~,-~ lI.llJJ"""'"' ~ ~ ---,^'~'-- ,- -'~~~IIiM ----..... -"', r.,Jr.:\ .~ inilJ j~ ~ i?ii;j " I " .' ~ ' - .""M --~. -- ~ ~=-=-61', FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. ] 2248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, FA, S/VI TO BANK UNITED 3200 SOUTHWEST FREEWAY HOUSTON, TX 77027 A TTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff v. NO. ()/~ /W)~ &r;J CUMBERLAND COUNTY WESLEY A. SWARTZ SHIELA D. SW ARTZ 183 ZION ROAD NEW BURG. PA 17240 Defendant( s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBT A[NED W[LL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECE[VED A DISCHARGE [N BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE [S NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. .. You have been sued in Court. If you wish to defend against the claims set forth in the following pages. you must take action within twenty (20) days after this Complaint and Notice are served. by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and ajudgment 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 importalltto you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ~e hareb Within to bY certify the ~rr,ect cope a tftJe and !!~gtnal fil Y Of the ',",h edOf. ,:..JI::;P'v! .eco'd .' .AN AMf')- " "~...' ,t:.:illP_,~ ..' !lAI Loan #: 6299597 'JJ ".' ,." '"' 1. Plaintiff is WASHINGTON MUTUAL BANK, FA, S/VI TO BANK UNITED 3200 SOUTHWEST FREEWAY HOUSTON, TX 77027 2. The name(s) and last known address(es) of the Defendant(s) are: WESLEY A. SWARTZ SHIELA D. SWARTZ 183 ZION ROAD NEW BURG, PAl 7240 who islare the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 11110/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMRESCO RESIDENTIAL MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County. in Mortgage Book No. 1497, Page 204. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 811/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." ," I ' '", - ~~ ~ " ~, __"''''' .c:, c,_ '""';j, 6. The following amounts are due on the mortgage: Principal Balance Interest 7/1/00 through 3/1/01 (Per Diem $40.63) Attorney' s Fees Cumulative Late Charges 1111 0/98 to 311/0 I Cost of Suit and Title Search Subtotal $156,096.07 9,913.72 4,000.00 423.33 550.00 $170,983 12 Escrow Credit Deficit Subtotal 0.04 0.00 ($ 0.04) TOTAL $170,983.08 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. S 1680A03c on the daters) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program. Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiffs written Notice to Defendants. a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $170,983.08, together with interest from 3/1/01 at the rate of $40.63 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. TRUE COrY FROM RECORD d In Testimony whereaT, I here unto set my han and the seal of said Court at Carlisle, Pa. Th's,;J day of /J. - L..t ~.i I............, h ~;~~~...#. ................~'*'......-"'pr=ry /s/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ,~ '. "" "~"" , ,~,,--~< .'" ""'1 ili:c A a- ~ ~ cO ['- postage $ rn ~ ['- certified Fee Return Receipt Fee postm~ ru H'~ C (Endorsement p.equired) C Restricted DeliVery Fee C (EndOrsement Required) 0 Total posta98 & FeeS $ ru ru rn a- a- 0 ['- 1'- "., ,., 1'- P_"", H"" n . Certltied F ..... R ee e (End"~~ Reee' e -......"ant R rpt ,Fee 0' Restricted eqUIred) (End Dell o OI'Sement RV8I)r Fee rt.J Total Posta equir&ct) rt.J ge&Fee IT1 NBme(p~ s $ 1.1 za..p" IT"'W :tt."t C1esrl a- Streif1i. y) (To be o l~"; P6in" ;;;;fljSw.-"~F"'p/atadbY f"- e .~...". Yl RQo'f!/ll? mailer) , Stat... .L..L d l=-...._. p. 4 . ..... In! ...'-.... ". ~ ..'h . ..'-Tif..D..h.......'.'h... '" ...... ~'J(I~W;N"\"F ..~ - .-,h"", _ .._ :v:; 3200 Southwest Freeway, PT 1432 P.O. Box 2B24 Houston, Texas 77027 DATE November 27, 2000 BANK U UNITED ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the morte:ae:e on your home is in default. and the lender intends to foreclose. Specific information about the nature ofthe default is provided in the attached pae:es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) may be able to help to save YOUr home. This Notice explains how the proe:ram works. To see if HEMAP can help. YOU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with YOU when vou meet with the Counseline: Ae:encv. The name. address and phone number of Consumer Credit Counseline: Ae:encies servine: your Countv are listed at the end ofthis Notice. If YOU have any Questions. YOU may call the Pennsylvania Housin2 Finance Ae:ency toll free at 1-800-342-2397. (Persons with im{Jaired hearin2 can 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 CONTlNUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA ".- NOTIFICACION OBTENGA UNA" TRADUCCION INMEDITAMENTE 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. G:t -- ~, EXHI~n ~ FDlCInsurer -, '"' '" . ','~' ,~"--, '~ Page 1 of5 HOMEOWNER'S NAME(S ) Wesley A. Swartz PROPERTY ADDRESS 183 Zion Road, New Burg, PA 17240 LOAN ACCOUNT 6299597 ORIGINAL LENDER Amresco CURRENT LENDERlSERV1CER: Bank United HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (!'HE . ACT"), YOU MAY BE ELIGmLE FOR EMERGENCY MORTGAGE ASSISTANCE: . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGmlLITY REQUIREMENTS ESTABLISHED BY THE PENNSYL VANIA 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 PART OF TillS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and teleohone numbers of designated consumer credit counseling agencies for the countv 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 immediatelv 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, yo.u have the right to apply for financial assistance from the Homeowner's Emergency Mortgage ASSistance Pro~. To do so, you must fill out , sign and file a completed Homeowner's Emergell;cy AsSistance Program Applicationy,ith one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for ~e program and they will assist you in submitting a complete application to the Pennsylvania Housmg Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your. face- to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN TillS LEITER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. _~'~L-ll~i~%"1( A" :~~/'. ~'f ~ I,.' t, _ - -, ,~ ~{ Page 2 of5 A<:;ENCY 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 OFTms NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECf THE DEBT. (If you have fIled bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located 183 Zion Road, New Burg, PA 17240 IS SERIOUSLY IN DEF AUL T because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: September through November Late Charges Bad Check Fees Inspection Fees $3,978.09 1,576.26 30.00 43.50 TOTAL AMOUNT PAST DUE: $5,627.85 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use ifnot applicable): HOW TO CURE THE DEFAULT - You may cure the default within TIllRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS. $,5627.85ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING TIIE TIIIR1Y (30) DAY PERIOD. Payments must be made either bv cash. cashier's check. certified check or money order made payable and sent to: Bank United 3200 SW Freeway Su 1432 Houston, TX 77027 You can cure any other default by.taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use ifnot applicable.) IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within TIllRTY (30) DAYS of the date of this Notice, the lender intends to exercise its ri!!hts to accelerate the mort!!a!!e debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within TIIIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal actIOn to CX!,~fjik~,lrr ' '- ,I"",,,.., .::-. - I~~~~ <'-' , -~" ~ "r' J' """"<!\;K(-~ foreclose upon Your mortl!al!ed propertv. Page 3 of 5 IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgage debt If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, ifIegal proceedings are started against you. you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If vou cure the default within the THIRTY (30) DAY period. vou will not be reuuired to \lav attornev's fees. OTHER Lli;NDER REMEDIES - The lender may also sue you personally for the lUlpaid principal balance and all other sums due under the mortgage. If your debt has been discharged in bankruptcy without your having reaffirmed it, then lender cannot pursue this remedy. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the TIllRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at anv time UP to one hour before the Sheriffs Sale. You mav do so by paving the total amount then past due, plus anv late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing bv the lender and bv performinl1' any other requirements under the mortl1'al!e. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. li;ARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 6 mouths from the date ofthis 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: Bank United 3200 SW Freeway Su 1432 Houston. TX 77099 Phone Number: Fax Number: Contact Person: 888-489-3733 713-543-3023 Susan M. Nies EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and ygur furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You..1L- may** or _ may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges' and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. ** Assumption may be subject to credit approval and or other conditions :;;:vr..l1nsW'rc 1I\&.a^~lL_...... R ~ ,- " ~ ,'u." " '.'" ," "__.c -, " >,' ,.. ~" ',,-', , ' - '''. Page 4 of5 YOU MAY ALSO HAVE THE RIGHT: . TO SELL 1HE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTlON TO PAY OFF 1HIS DEBT. . TO HAVE 1HIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEF AUL T 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 A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MA Y HAVE TO SUCH ACTION BY 1HE LENDER. . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Enclosed. please find a list of all Counselinl! Al!encies Ii"'\r c^HUa~~ _ ., ~~' . PENNSYLVANIA HOUSING FINA!"(CE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGIUl'\1 CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) CLINTON COUNTY Lycoming-Clinton Counties Commision for Community Action (STEP) 2138 Lincoln Street P.O. Bo. 1328 Williamsport, PAt 7703 (570) 326-0587 FAX (570) 322-2197 CCCS of Northeastern P A 201 Basin Str..t Williamsport, P A 17703 (570) 323-6627 FAX (570) 323-6626 31 W. Market Street POB 1127 Wilkes-Barre. PA 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 CCCS of NOMe astern P A 1631 South Atherton St, Suite 100 Slate College, P A 1680 I (814) 238-3668 FAX (814) 238-3669 COLUMBIA COUNTY 1400 Abington Executive Park Suite 1 Clark. Summit P A 18411 (570) 587-9163 or (800) 922-9537 FAX (570) 587-9134-9135 Commission on Economics Opportunity of Luzerne County 163 Amber Lane Wilkes-Barre. P A 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1 665--(Call Before Faxing) (570) 455-4994 HazellOWO FAX (570) 455-5631--(Call Before Faxing) (570) 836-4090 Tunldtannock Booker T. Washington Center 1720 Holland Center Erie, P A 16503 (814) 453-5744 FAX (814) 5749 John F. Kennedv Center, Inc. 2021 East 20th Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 cees of Western Pennsylvania, Inc. 2000 LingleslOwn Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg N.6lbStreet Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Camm afthe Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 CRAWFORD COliNTY Greater Erie Community Action Comminee 18 West glb Street Erie, PA 16501 (814) 459-4581 FAX (814) 456-0161 Shenango VaHey Urban League, Inc. 601lndiana Avenue Farrell, PA 16121 (412) 981-5310 CUMBERLAND COUNTY Financial Counseling Services of Franklin 31 West 3~ Street Waynesboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 "G" Street Carlisle, P A 170 13 . (717) 243-3818 FA-X (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St Gettysburg, PA 17325 (717) 334-1518 FA-X 334-8326 PE:-INSYL V Au'llA BULLETIN, VOL. 29, NO. 23, ,nJNE 5. 1999 "'_J'. ~ "~ - <101' k iC:'f '~~ ~~ 'E~.:j ~ r\ J I "'~,~ - , ,^. >~- - ~g ALL the f'ollowing described real estate lying and being situ.ate in Hopewell Township, Cumberland County, Pennsylvania, bounded and limited as follows: BEGINNING at an iron pin on the easterly dedicated right of way o~ Township Road No. 376 at corner o~ Lot NO. 2 on a plan of lots hereinafter referred to; thence by said Lot NO.2, South 7l degrees 35 minutes 58 seconds East 237.94 feet to an iron pin; thence by the same, South 16 degrees 24 minutes 1 second West 230 fe<at to an iron pin on line of lands now or formerly of Steve Elrath; thence by said lands now or formerly of Steve Elrath, North 70 degrees 33 minutes 27 seconds West 230 feet to an iron pin on th<a easterly dedicated right of way line of the aforementioned Township Road 37S; thence by the easterly dedicated right of way line of Township Road No. 37 a, North 18 degrees 54 minutes 4::2 seconds East 225.64 feet to an iron pin, the place of BEGINNING. CONTAJ:NING ~.2S0 acres and being Lot No. ~ on a plan of lots entitled "Mill Run Acres" prepared for William F. Lucas by Ki$singer and Wolfe, Surveyors, dated May 24, 1977, and recorded in the Office of the Recorder of Deeds of cumberland county, Pennsylvania, in Plan Book 30, page 97. BEING that same real estate that Willia~ F. Lucas, single man, by his deed dated AU9ust 23, 1980 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in De~d BooK "B", Volume 29 at Page 911, conveyed to S & R Construction, a partnership, and having Robert swartz and walter RitChey, as partners, Grantors herein. PREMISES: 183 ZION ROAD ~.. - ~ I = , ", """' ,~ ,,-I VERIFICATION TERESA SWITZER hereby states that she is SECOND VICE PRESIDENT of PNC MORTGAGE CORP. OF AMERICA mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 3/28101 TERESA SWITZER 2nd VICE PRESIDEi"! "iJ- . , ;, ~ "i3 ~."" ' (~ '1,sj,;m~",h'",,,,r"';EIB.4c,-,S,,~,.,,,"i'~,iE--:'1,,So>L-l\"WIii,*~,~#["'<H;;1'Jj'i!,,":'-,"'" ",',,2',' ""'>j,,,,j"'__"k,,,,,,,""~'r;.'0ili~'i~lffi$@t~'!!l~~~<\j)l<\l~~1o<""''''' ,~ .~" ,~.... .:&i1J~~ll!Ill"~, g ~t ;:=. ' --'~ '1lf1.j! ":::::::".' o...:J:! ~ c.l"!n.; ~~Iillll ,~- ___I , . r --r I (.... ~,\ \\ -, d \~r I ~~~ D,"l j)...) ;-'J : ~ .:J '{ , I' ~ , ' " ~~": "::, \,--\ ~:\," \' ':'-: (~ ~ ~ 10, \U Lt S I lId~ 'iNn;:;.) ~;=r;\flO ^ '" "^'" '0 .:l;li1l3HS 3iti ,0 ".,."" --- - k~ - ~",~ . ,I I,~,. .~" FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq. Atty. ID. #69849 1617 Jo1m F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (21 'i) 'i1i1- 7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, FA, SIIII TO BANK UNITED COURT OF COMMON PLEAS CIVil.. DIVISION vs. CUMBERLAND COUNTY WESLEY A. SWARTZ SHIELAD. SWARTZ NO. 01-1906 THIS FIRM IS A DEBT COLLEcroRATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VB PREVIOUSLY RECENED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATIEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. MOTION FOR SERVICE PURSUANT TO SPRCT i\ T, OROF.R OF COTJRT Plaintiff, by its counsel, Michele M. Bradford, Esquire, moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant(s) by Certified mail and regular mail to the Defendant's last known address and mortgaged premises located at 183 ZION ROAD, NEW BURG, P A 17240 and in support thereof avers the following: 1. Attempts to serve Defendant(s) with the Complaint have been unsuccessful, as indicated by the Sheriff's Return of Service attached hereto as Exhibit "A". 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant(s). An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". H:/Main FonnslmotionsJcounty.comp ~ ~, ' I 3. Plaintiff submits that it has made a good faith effort to locate the defendants, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rille of Civil Procedure 430 directing service of the Complaint by certified mail and regular mail. /11.J17,~ Michele M. Bradford, Esquire H:/Main Forms/motionslcounty.comp ". L ~~ _",'~,-:, !,,} ~^ ~ vi "I ~_~~, " I ,,~ " "~ .,,'. ';& FEDERMAN AND PHELAN ATTORNEY FOR PLAINTIFF BY: Michele M. Bradford, Esq. Atty. !.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (? 1 ~) ~(i1- 7000 WASHINGTON MUTUAL BANK, FA, S/I/I TO BANK UNITED COURT OF COMMON PLEAS vs. CIVIL DIVISION CUMBERLAND COUNTY NO. 01-1906 WESLEY A. SWARTZ SHIELA D. SWARTZ MF,MOR A NllTJM OF T ,A W Pennsylvania Rule of Civil Procedure 430( a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant(s) and the reasons why service cannotbe made, Note: A Sherifrs return of ''Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. nnn7f11p.Cl vc;: Pnl-h:, 238 Pa, Super. 362, 357 A.2d 580 (1976). ''Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Arlrwtinn nfW~llcP.t', 468 Pa. 165,360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R Part 265, (2) inquiries of relatives neighbors. friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records, As indicated by the attached Sheriff's Return of Service, attached hereto and marked as Exhibit "A", the Sheriffhas been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant(s) has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests service of the Complaint by certified mail and regular mail. Respectfully submitted: /rJ7l}g Michele M. Bradford, Esquire H:/Main Forms/motions/county.comp 1 " L I .1 'I" " ,,-.jJ "'c" -' ,-, "",~';'.i;, .JUI"I ,J. ';;::!O!OJ. 10'::1'" t""t( ....UI.IDI::.t(L.,.HI"IL) ....U ~M~J.t""t"" (J. ( ,qlO 0..)'::1 ( I U ~J.,J.::>::>0.,:) (::>1:11:1 I:H-l.bJKl.!<'!<' '::; lil::'l'UKN, - NUT ~'UUJ;lU t""'.IOQ.IO,,:) CASE NO: 2001-Q1906'P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS SWARTZ WESLEY A ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT SWARTZ SHEILA but was unable to locate ~ ~n his bailiwick. He therefore returns the COMPLAI~T - MORT FORE , NOT FOUND , as to the within named DEFENDANT , SWARTZ SHEILA AFTER 4 ~TTMEPTS UNABLE TO MAKE SERVICE COMPLAINT EXPIRED Sheriff's Costs: Docketing Service Affidavit Surcha:tge 6.00 .00 .00 10.00 .00 16.00 ,.-;> ~ .~. T~mas K lne .. . . Sheriff of cumberland County FEDERMAN & PHELAN 05/07/2001 Sworn and subscribed to before me this day of A.D. Prothonotary ._'N _., .' . . . ,SXHIBITA ~~ .'- ~ , ~~<~_c ,~~ ~, , , , ~~ " I ",- .- ".'-'~'~' '~~rtl:! oJ WI 'I ':'.1. '::'~"-.I.L t:J:;>..:..:. If'\. ,"-,WnOCf'\.L.MI"lLJ ,"-,U ~nc.ro;.! rr f.L f .c:;~t:J 0...;:1':7 flU ':7.1-=::::.1;:);:)0.,;:) (ooe SHERIFF'S RETURN, - NOT FOUND r-.I::.I";;'/}O..:r CASE NO: 2001-01~06' p COMMONWEALTH OF PENNSYLVANIA COUNtY OF'CUMBERIJ\.NlJ WASHINGTON MUTUAL BANK VS SWARTZ WESLEY A ET AL Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT SWARTZ WESLEY A but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , SWARTZ WESLEY A AFTER 4 ATTEMPTS UNABLE TO MAKE SERVICE COMPLAINT Expired Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 12.40 .00 10.00 ,00 40.40 ~ County FEDERMAN & PHELAN 05/07/2001 Sworn and subscribed to before me day of this A.D. prothonotary IXHrSITA "," ** TOTAL PAGE.e3 ** ,~ '~" , . - I, I, ,,~,_' r"" '!1~1/iliI:I~l." PANJ,INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 01-1245 Attorney Firm: Federman And Phelan Subject: Wesley A. & Shiela D. Swartz Current Address; 183 Zion Rd. New Burg, P A 17240 Property Address; 183 Zion Rd, New Burg, P A 17240 Mailing Address: 183 Zion Rd. New Burg, P A 17240 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Wesley A. Swartz - 188-56-7573 Shiela D. Swartz - 203-56-6615 B. EMPLOYMENT SEARCH Wesley A. Swartz - unknown Shiela D. Swartz - unknown C. INQUIRY OF CREDITORS: The creditors indicate that Wesley & Shiela reside(s) at: 183 Zion Rd. New Burg, PA 17240 II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH This is a non published number. 183 Zion Rd. New Burg, PA 17240 lII. INQUIRY OF NEIGHBORS Joe Breski 184 Zion Rd. and he verified that Wesley & Shiela reside(s) lilt: 183 Zion Rd. New Burg, PA 17240 IV. INQUIRY OF POST OFFICE A. NA T10NAL ADDRESS UPDATE: Wesley A.&Shiela D. Swartz - 183 Zion Rd. New Burg, PA 17240 V. MOTOR VEHICLE REGISTRATION A. MOTOR VEHICLE & DMV OFFICE Per the Pennsylvania Department of Motor Vehicle Wesley & Shiela reside(s) at: 183 Zion Rd. New Burg, P A 17240 VI. OTHER INQUIRES A. DEATH RECORDS As of March 1, 2001 Vital Records has no death record on file for Wesley & Shiela. B. PUBLIC LICENSES (PILOT, REAL ESTATE, ETC.) None Found f EXHIBIT "8- ~k " " -~ " , ""' "~ L ,,', - - ,~". :mj~.b. C. COUNTY VOTER REGISTRATION The Cumberland Cnty Voter reg. has a registration for Wesley & Shiela residing at: 183 Zion Rd. New Burg, P A 17240 VlI. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Wesley A. Swartz - YOB -1966 Shiela D. Swartz - YOB - 1970 B. AKA. None ~~"~Ii FF1ANT Steven M. Ruffo Sworn to and subscribed before me this ? day of 1It!-. 2000 NOTARIAL SEAL Luz Arango. Notary Public Philadelphia, Philadelphia County My Commission Expires Oct. 30. 2004 I PANJ, INC 43 Wilson Drive Sicklerville, NJ 08081 Phone: (856) 740-0919 PANJINC(ci)aol.com f B<HIBIT "B" , ,~ ., ,'L . . L ,,'I~ " """"",",,,"~--;^, ,- L '''''- .~ '-1>." VF,RTFTCATTON Michele M. Bradford, Esquire, hereby states that she is the Attorney for the Plaintiff in this action, that she is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 )>a. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: 11111" 71, 7001 ~ Michele M. Bradford, Esquire H:/Main Forms/motions/county.comp --' -'- .j-,~~ "'-- - ~ '> I ,-.= .' t , " .... . FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq. Atty. 1.0. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, P A 19103-1814 (71 :'\) :'\111-7000 WASHINGTON MUTUAL BANK, FA, S/I!I TO BANK UNITED ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DMSION Vs. CUMBERLAND COUNTY WESLEY A. SWARTZ SHIELA D. SWARTZ NO. 01-1906 CF.RTTFWATTON OF SF,RVTCR I, Michele M. Bradford, Esquire, herby certify that a copy of the Motion for Service Pursuant to Special Order of Court has been sent to the individual(s) as indicated below by first class mail, postage prepaid, on the date listed below. WESLEY A. SWARTZ AND SHIELA D. SWARTZ at: 183 ZION ROAD NEW BURG P A 17240 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date: TlIn" 71, 7001 7Jln(5 Michele M. Bradford, Esquire Attorney for Plaintiff H:/Main Formslmotions/county.comp - 'L __" 1,:.: , '~ f:-01 WASHINGTON MUTUAL BANK, FA SIlII BANK UNITED, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW WESLEY A. SWARTZ SHIELA D. SWARTZ, Defendants NO. 01-1906 CIVIL TERM ORDER OF COURT AND NOW, this 29h day of June, 2001, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is ordered and directed that Plaintiff may obtain service of the complaint on the above-captioned Defendants, Wesley A. Swartz and Shiela D. Swartz, by (1) mailing a true and correct copy of the complaint by certified mail and regular mail to Defendants' last known address and the mortgaged premises at 183 Zion Road, Newburg, P A 17240, (2) publication once in the Cumberland Law Journal and in a newspaper of general circulation in Cumberland County, Pennsylvania, and (3) posting upon the mortgaged premises. BY THE COURT, d/~ esley Oler, Michele M. Bradford, Esq. 1617 John F. Kennedy Blvd. Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff " " " ~~L;Y~'ij 1ii!~~~iV,A'-1lJ~4f~ll*f.{;j.lliii"~~~itia~~Ii&~~:'ih~"l<;J\t.4k'fuj;;rl",i"ii~~~~~,p N' "J.,-,,""J.,.~~~IIIitI1Illi<!1l n.' ~. \..1\~t 'i' " ~\"tr\Ci, ,i"\\ -,' ,'~' Cj\ - " ,~ ,~ =~,.~ .. ~" _,h,'" .'. " !\\ n~\~Y'::\':~ ,r~' ,';Jl"";:"'''''\f\:\\J '<'-f"\\..""""\ . .., '\\\S \ ;:~~ ~~'~' k "n'" 'ii ~'- , i ~ .~- ..L......., ,~ ."~~'" '"--~ - , ~;, ~ , FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff WASHINGTON MUTUAL BANK, F.A., SIIII TO BANK UNITED COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. WESLEY A. SWARTZ SHIELA D. SWARTZ Cumberland County Defendants :No.01-1906 PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. ~~~ F K FEDERMAN, ESQUIRE Attorney for Plaintiff Date: July 10, 2001 ,~ ~,~~I =~~..~ , , _ dO j I .',~", 0'""'';_,,-. ~"""'"' FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (? 1 ';) ';(;1-7000 Attorney for Plaintiff W ASHlNGTON MUTUAL BANK, FA, S/I/I TO BANK UNITED : COURT OF COMMON PLEAS Plaintiff : CNIL DNISION vs. : CUMBERLAND COUNTY WESLEY A. SWARTZ SHIELAD. SWARTZ : NO. 01-1906 Defendant( s) AFFIDAVIT OF SERVICE OF COMPLAINT RV MATT, PTJRSTJ ANT TO C:OTJRT OROF,R I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Forec1o$ure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons, to WESLEY A. SWARTZ and SHIELA D. SWARTZ at 183 ZION ROAD, NEW BURG, P A 17240 on .Tllly 17, 2001, in accordance with the Order of Court dated JUNE 29,2001. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. g4904 relating to unsworn falsification to authorities. Date: Jn1y 17. ?001 1z~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~"':~} ,,) ".....\ ~ ," ~,,~.. 1_' I" . ,. ,_d_ ~",-, SHERIFF'S RETURN - REGULAR ~ ,/ ( ~AS~NO: 2001-01906 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS SWARTZ WESLEY A ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SWARTZ WESLEY A the DEFENDANT , at 2100:00 HOURS, on the 23rd day of July , 2001 at 183 ZION ROAD NEWBURG, PA 17240 by handing to PROPERTY POSTED. DEFENDANTS WERE THERE. a true and attested copy of COMPLAINT - MORT FORE together with REINSTATED and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge So Answers: 18.00 12.35 6.00 10.00 .00 46.35 r~~~ R. Thomas Kline day of 07/24/2001 FEDERMAN & PHELAN By: ~QWI\ ~. ~ Deputy Sheriff Sworn and Subscribed to before me this 1 JL a'q; ;2.01 A.D. ~ (;L/u,t7~<~ ~ P othonotary , 1-- ._ . "I . , -,,~ . ,t "'- -'-v SHERIFF'S RETURN - REGULAR .~S~ NO: 2001-01906 P ~OMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS SWARTZ WESLEY A ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SWARTZ SHEILA the DEFENDANT , at 2100:00 HOURS, on the 23rd day of July , 2001 at 183 ZION ROAD NEWBURG, PA 17240 by handing to PROPERTY POSTED. DEFENDANTS WERE THERE. a true and attested copy of COMPLAINT - MORT FORE together with REINSTATED and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge 6.00 .00 6.00 10.00 .00 22.00 So Answers: r~~ R. Thomas Kline 07/24/2001 FEDERMAN & ~~~ U Sworn and Subscribed to before By: me this 1iJc:. Deputy Sheriff day of 0'1/'-01..1- .2rrv I A. D. 9tr 0 7hJii4J,A~ thonotary . . I I, ,_I '"" "0' ~:; .' .-. , FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE Attorney I.D. No. 12248 Suite 900 - Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 Attorney for Plaintiff WASHINGTON MUTUAL BANK, F.A., S/I/I TO BANK UNITED COURT OF COMMON PLEAS CIVIL DIVISION vs. CUMBERLAND COUNTY No. 01-1906 WESLEY A. SWARTZ SHIELA D. SWARTZ AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the attached Court Order dated as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)in in THE SENTINEL on AUGUST 21. 2001 and CUMBERLAND LAW JOURNAL on AUGUST 24. 2001 Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~7~ F~K FEDERMAN; ESQUIRE DATE: September 25, 2001 . PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland. Sherry Clifford, Classified Ad Manager of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication - "..,;,:-.--.'- '~-----'-- --- .-, Norl(f~ OF ACTION IN MORTGAGE FORECLOSURE 'I .::',:,:,:,:::.-IN THE'CQURT OF COMMON PLEAS OF ' "CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 1'.10.01-19'06 , WAE;HINGTON MUTUAL BANK, FA, , 8Ml TO BANK UNn'ED, PLAINTIFF . vs. WESLEY A. SWARTZ and SHIE'LA D. SWARTZ, DEFENDANTS NOTICE -:-0 WESLEY A. SWARTZ and SHIELA D. SWARTZ: 'tou are hereby notified that on ,8P!i! b 2001, Plaintiff, WASHINGTON MUTUAL BANK, FA, S/I/I TO BANK. UNITED, filed a Mortgage Foreclosure Complaint i endorsed with a Notice to Defend, against you in the Court 01 Common Pleas of CUMBERLAND County, Pennsylvania, docketed to No~ 01-1906. WherE1in Plaintiff seeks to foreclose 011 the mortgage se~ cured on your property located at 183 ZION ROAD, NEWBURG, PA 17240 whereupon your property would be sold by the Sheriff of CUMBERLAND County. You"are ~ereby notified to plead to the above referenced. Complaint on or before 20 days from the date of this publication or a Judgment will be entered agairistyou, ' _", , ,__ "NOnCE" '," --Yulf ha-ve baell suecfii1 Cburt; If,you-wlsh to attend, you must enter a written appearance personally or by attorrl'ey, and file your defenses or objections in writing with the court, You are warned that if you fait to do s6, the case may proceed without you and Judgment may be entered against you without further notice for the relief requested by the Plaintiff. You may lose money, the projjerty orolher rights important to you. I You should lake thIs notice to your lawyers at onGeo [f you"d'o not have a lawyerorcannofaftord one, go to or telephone the office set forth b~low to find oul where you can get legal helo. CUMBERLAND COUNTY BAR ASSOCIATION '2 LIBERTY AVENUE, CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Attorney lor Plaintiff Federman and Phelan, LLP. On@'Pcnf?Center,Suite 1400, Philadelphia, PA 19103 I, (215) 563-7000 August 21, 2001 Affiant further deposes that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. ~./~ August 22, 2001 22nd Sworn to and subscribed before me this day of August , 2001. ~O~ Notary Public My commission expires: NOTARIAL SEAL SHIRLEY O. DURNIN, Notary PubCc Carlisle Boro., Cumberland COW1ty Commission Expires Au . 9. 2003 , ~ ~ 0 , . . , . I "',I ~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, 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 Cm:lisle 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 AUGUST 24, 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 ~/~ Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 24 day of AUGUST. 2001 SEAl. LOIS E. SNYDER, NoIary Public ClIIIIsIe Ilom, CumbeIIand County My CoI...awiu.l Expires March 5, 2005 -,' , ". CUMBERLAND lAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland COWIty. Pennsylvania Civil Action-Law No. 01.1906 WASHINGTON MUTUAL BANK' FA,'S/I/I TO BANK UNITED. PLAINTIFF vs. WESLEY A SWAR1Z and SHIELA D_ SWAR1Z, DEFENDANTS NOTICE TO WESLEY A. SWAR1Z and SIllE- LA D. SWAR1Z: You are hereby notified that on April 2. 2001. Plaintiff, WASlllNG- TON MUTUAL BANK. FA, S/I/I TO BANK UNITED. flied a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of CUMBERLAND County. Pennsylva- nia. docketed to No. 01-1906. Wherein Plaintiff seeks to fore- close 011 the mortgage secured on your property located at 183 ZION ROAD, NEW BURG. PA 17240. whereupon your property would be sold by the Sheriff of CUMBER- LAND County. You .are hereby notified to plead to the 'fibove referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE You have been sued in Court. If you wish to defend. you must enter :; '1'>', a written appearance personally or by attorney. and file your defenses or objections in writing with the court. You are warned that if you fail to do so, the case may proceed without you and Judgment may be entered against you without further notice for the relief requested by the Plaintiff. You may lose money, the property or other rights important to you. You should take this notice to your la\vyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to fmd out where you can get legal help. CUMBERLAND COUNlY BAR ASSOCIATION 2 Liberty Avenue Carlisle. PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE FEDERMAN AND PHELAN. L.LP. Attorneys for Plaintiff One Penn Center Suite 1400 Philadelphia. PA 19103 (215) 563-7000 Aug. 24 3 o ", ,J^,~ -- ~ , ,-.;-, " ,'~ "ij ~il~~iili"",40.,;":;-'~"i,,,,,'<<i<"-"',:c"~~~1OO~Ii1\I;M~"'-"i,,,\i'0-"w4!,,,;,,'~"_,, ,U:J"'c6;'io,+';",'\'(",,-,,,,,-,,,,," ',!;"""'8a."".,.;~ll@WilI:l!lI~!itilill@lili;:M-bl~~,p~li!:tlllil~'-:i;!~~~;- Jh ~ ~ ..~ .,." ,~ ~~~."--" ,-~-" - -~ "; , <> <:) C:,;' ~. , , C~ -~-! r'-"-: ,J) tJ 'Tl rn (; -0 , =2:' , " ,"'-...) rn ~: .. , C? (f) <T. ~-(. " !;:' ':'1 Cl ;:0.. :I -,. )...; C:, ::.::-r.: <::J " 2': () -->~ f5 )> .~ en C ~ Z .-,,1 =< W ~ -.J ~ l., I ~ " ' ~, 'i " , WASHINGTON MUTUAL BANK, FA 8/IJI BANK UNITED, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW WESLEY A. SWARTZ SHIELA D. SWARTZ, Defendants NO. 01-1906 CIVIL TERM ORDER OF COURT AND NOW, this 29h day of June, 2001, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is ordered and directed that Plaintiff may obtain service of the complaint on the above-captioned Defendants, Wesley A. Swartz and ShieJa D. Swartz, by (1) mailing a true and correct copy of the complaint by certified mail and regular mail to Defendants' last known address and the mortgaged premises at 183 Zion Road, Newburg, PA 17240, (2) publication once in the Cumberland Law Journal and in a newspaper of general circulation in Cumberland County, Pennsylvania, and (3) posting upon the mortgaged premises. BY THE COURT, d1~ M~e M. Bradford, Esq. ?16l7 John F. Kennedy Blvd. Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff esley Oler, ,=, -~.J.""""",,,j,,~......,.....~,~...;....... ,_~_I I < I ,"- "i\1 I [i ~ FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE . Identification No. 12248 One Penn Center at Suburban Station 1617 Jolm F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (71 'i) 'i()'I-7000 Attorney for Plaintiff WASHINGTON MUTUAL BANK, FA, SII/I TO BANK UNITED : COURT OF COMMON PLEAS Plaintiff : CIVIL DMSION C) Ys. FEDE'RMA~I~CC . :.; : CUMBERIJmf1~'F1tlHE~ PLEASE REtiJ~gPY:- : NO. 01-1906 WESLEY A. S~vIAN AND rj<!~v,,\j SHIELA D. sw AMiroRNEY filE COpy PLEASE RETURN Defendant(s) AFFIDAVIT OF SERVICE OF COMPLAINT RV MATT, PTTRSlJANT TO C.OTTRT ORnRR ,~, > h~f!Jp',!~ I hereby certif'y that a true and correct copy o~~li{~i;ti~~Plaint in Mortgage un,.,,,,,-,.,,.. . "SIA~. {Of; If'"-~--':~ ( ;.../i ::'~' /,\;,- ~uv Foreclosure in the above captioned matter was sent by tegb1at.@~.~~~~iIi]Ilil, return receipt requested, to the following persons, to WESLEY A. SWARTZ and SHIELA D. SWARTZ at 183 ZION ROAD, NEW BURG'l1.~_17240 on .Tllly 17, 2001, in accordance with the Order of '"1.s;;".". C::::(Ui~r"";- Court dated JUNE 29,2001. The ~!~~ikl1lir)~d,s that this statement is made subject to the . "{Jiii /i~'~.'f.i !./.;.,<.,) penalties of 18 Pa. c.s. ~4904 relating ~~Wd~;f~rsificau6n to authorities. Date: 111ly 17 1001 L~;j~:i.;;;:':u:;"'\ ."-'\' (jr~ Cr)F~f-',::., \,- "1 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 1.JJ." - .J~ '"1 , I , . I I,~ ~~ ~' "1,,., SHERIFF'S RETURN - REGULAR GASE NO: 2001-01906 P , COMMONWEALTH .OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS SWARTZ WESLEY A ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SWARTZ WESLEY A the DEFENDANT , at 2100:00 HOURS, on the 23rd day of July , 2001 at 183 ZION ROAD NEWBURG, PA 17240 by handing to PROPERTY POSTED. DEFENDANTS WERE THERE. a true and attested copy of COMPLAINT - MORT FORE together with REINSTATED and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge So Answers: 18.00 12.35 6.00 10.00 .00 46.35 ~~~ R. Thomas Kline me this day of 07/24/2001 FEDERMAN & PHELAN By: \0~1\ ~. \Lttl Deputy Sheriff Sworn and Subscribed to before A.D. Prothonotary ~..'. '"'"",Wl."<'-<'"'''' .~" ~I l. : '. l' l,_ '.~' '""") SHERIFF'S RETURN - REGULAR . CASE NO: 2001-01906 P . COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS SWARTZ WESLEY A ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SWARTZ SHEILA the DEFENDANT , at 2100:00 HOURS, on the 23rd day of July , 2001 at 183 ZION ROAD NEWBURG, PA 17240 by handing to PROPERTY POSTED. DEFENDANTS WERE THERE. a true and attested copy of COMPLAINT - MORT FORE together with REINSTATED and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service posting Surcharge 6.00 .00 6.00 10.00 .00 22.00 So Answers: r~~~ R. Thomas Kline 07/24/2001 FEDERMAN & ~~~ \~ Sworn and Subscribed to before By: me this day of Deputy Sheriff A.D. Prothonotary - , ~~ <' I .'. .:; L,-"-J ~" - ",. ~" !6in" . ~'t". PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland. Sherry Clifford, Classified Ad Manager of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publicatil;m attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication 'NOTICEOF ACTION IN MORTQAGE FORECLOSURE . . IN TRE COURt OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL AcnON - LAW NO. 01-1906 , WASHINGTON MUTUAL BANK, FA, S/I/I TO BANK UNITED, PLAINTIFF VS. WESLEY A. SWARTZ and $f-I1ELA D. SWARTZ, DEFENDANTS , NOTICE fO WESLEY A. SWARTZ and SHIELA D. SWARTZ: You are hereby notified that orr APrtl2.. 2001; Plaintiff, WASHINGTON MUTUAL BANK, F.A.,.S/1/1. TO BANK. UNITED, filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of CUMBERLAND County, Pennsylvania, docketed to No. 01-1906. Wher~in Plaintiff seeks to foreclose on the' mortgage se- cured on your property located at 183 ZION ROAD, NEWaURG, PA 17240 whereupon your property would be sold by the Sheriff of CUMBERLAI':JD County. . you ,are ~ere,by notified to plead to 1he above _"' r~ferenced Complaint, on or before 20 days from the date of tI1is publication or'a Judgmentwill be entered ,against ~ou.. . , " NOTICE, ". __, . You have lieen sued in Court. If you wish to attend, you must enter a written appearance personally or by attorney, and file your defenses or objectfons in w'riting with the court, You are warned that if you fail to do so, the case may proceed withoui you and Judgment may be entered against you without further notice for the relief r@questedbythe Plaintiff. You may lose money, the property or other rights important to you. You should take this notice to your lawyers at once. If you do not have a lawyer or cannot afford one, g~ to or tslephone the office set forth below to find out where you Ciin get legal help. ' CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENU,E, CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Attorney for PlaintiH Federman and Phelan, L.L.P, One Penn Center, Suite 1400, Philadelphia, PA 19103 (215) 563-7000 August 21, 2001 Affiant further deposes that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. August 22. 2001 22nd Sworn to and subscribed before me this day of August , 2001. ~/O~ Notary Public My commission expires: NOTARIAL SEAL SHiRlEY O. DURNIN, NotarJ Pcb!:c Conisle Bo<o., Cumberland County Commission EXpires A . 9. 2003 ~ " ~ ~'-.-.."~' ~ l,i,,1 ", " ,. ~,".:L, .'" 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 ofthe Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz AUGUST 24,2001 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 :/~ Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 24 day of AUGUST. 2001 N SEAl LOIS E. SNYDER. ~~f ?illlI!!l CaIt!s!a Boro, C..lliJi,"",lNod County Mt CciI~~ EI$rel! i';''lfCh 5, 2005 --,~, .~ " - ~ ,,' . . II L, 'h ~"," ~ :\ CUMBERlAND lAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County. Pennsylvania Civil Action-Law No. 01-1906 WASHINGTON MUTUAL BANK. FA. . SII/I TO BANK UNITED. PLAINTIFF vs. WESLEY A SWARlZ and SHIELA D. SWARlZ. DEFENDANTS NOTICE TO WESLEY A. SWARlZ and SHIE- LA D. SWARlZ: You are hereby notified that on April 2. 2001. Plaintiff. WASHING- TON MUTUAL BANK. FA. S/I/I TO BANK UNITED. filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend. against you in the Court of Common Pleas of CUMBERLAND County. Pennsylva. nia, docketed to No. 0 }-1906. Wherein Plaintiff seeks to fore- close on the mortgage secured on your property located at 183 ZION ROAD. NEW BURG. PA 17240. whereupon your property would be sold by the Sheriff of CUMBER- LAND' County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE You have been sued in Court. If you wish to defend, you must enter .........',r;-. .'..",' (, ,: a written appearance personally or by attomey. and file your defenses or objections in writing with the court. You are warned that if you fall to do so, the case may proceed without you and Judgment may be entered against you without fw1her notice for the relief requested by the Plaintiff. You may lose money. the property or other rights important toyon. You should take this notice 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 fmd out where you can get legal help. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle. PA 17013 (717) 249-3166 FRANK FEDERMAN. ESQUIRE FEDERMAN AND PHELAN. L.L.P. Attomeys for Plaintiff One Penn Center Suite 1400 Philadelphia. PA 19103 (215) 563.7000 Aug. 24 3 ~-,-"...' t"', 'ill--,,, , f ~I j",1 , ",I "'", PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WASHINGTON MUTUAL BANK, F.A., SIIII TO BANK UNITED Plaintiff, v. No. 01-1906 CIVIL WESLEY A. SWARTZ SBlELA D. SWARTZ Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $179,474.75 .j Interest from 9/25/01 to 3/6/02 (per diem -29.50) $4,779.00 and Costs TOTAL $184,253.75 ~J~ FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. !wt~JiH;;!il:]MH!!i~j;;ffii!;iWj:_lim'&iiJ1.iil~jjj,!#iiJ.i1MUjj>:~I~"~''''~-'''1",''-,,,,,.'"~""-;,(,>,,,.ul-d';"-"d~';.d..'1iif"'hr,'.r.';nilililS~MiiiOO!I~t'Ml>J~~~WIi'l " ~=<~litIiI1*"'r . 11111 L ',< Q .". M r-- ,...; ...::J .... ~ OZ - Z g ~ oo~ 00 0 .... -<"", < ... >;;> ~... >;;> = ~oo r,.; U ~ .,,; ZZ ::i NN ~'E' Q) f;l;l ~ OZ ~~ !;2'" f;l;l = Z ~t: ~~ ... ~ ~ '" =... Q) ~ ~ ~Z O<l .r; O~ oo~ ... 0 ~ 00 ... ... UZ >;;>~ .; <~ ;l~ !:l: S ~ ...~ ...~ ~~ Z ~ 00 ~~ ...< 0 Q) ...U ~= f;l;l"", !:l: <ll ~ ~ ""'f;l;l O! !:l:~ Zo 00.... P< S~ ~t;j ... ~ .., ~ 0... f;l;l6 00 ,...; ... ~ U; '-' ~ .... Z U '" f;l;lf;l;l '" == .... ~ .0 Q) ...~ = Q) .t; 00 ~ "0 Z~ ~ ~ ~ -< ....U o C "'t1j~ Q]r~ ~i),' o:;~:::- ~t~:: S:c' """---(-" )>c~ z -< .::::> (.:J 1,""',. - c) '=> ~::; -t-:,,-> ~'i' d '1 liJ =< .. ,.. ALL the follo\ving described real estate lying and being slruare in Hope<;;eil Township, Cumberland- C Dunty, Pennsy l<!:lni~, bounded and limited as fo Uows: BEGIN:-iI:-iG at :10 iron pin on rhe easterly dedicated right of way of Township Road No, 378 ar corner of Lot No.2 on a plan or Jors hereinafter referred co: thence by s~id Loc :--;0, 2, South 71 ____ degrees 35 minutes 58 seconds East 237,94 feet co an iron pin: thence by the same. South 18 degrees 24 minutes 1 second West 230 feet to an iron pin on line of lands now or formerly or Steve Elrath: thence by said lands now or formerly of Steve Elrath, North 70 degrees 33 minutes 27 seconds West 230 feet co an iron pin on the easterly dedicated right of way line of the aforementioned Township Road 378; thence by the easterly dedicated right of way line of To\vnship R,)ad No. 378, North 18 degrees 5-1- minutes 42 seconds East 225.64 feet co an iron pin. the place of BEGINNING, CONT...uNING 1.250 acres and being Lot No. 1 on a plan of lots emitled "Mill Run Acres" ~ prepared for William F. Lucas by Kissinger and Wolfe, Surveyors. dated May 24, 1977, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 30, Page 97, TOGETHER with all the Grancor's right, title and interest in and co that portion of the public road known as Township Road No. 378 lying between the front properry line of said Lor No, 1 herein couveyed, as showu ou the aforernenrioued plan of lots, and the centerline or said public road, which has been dedicated by the Grantor herein for road usage, TAX PARCEL #11-07-0491-012 TITLE TO SAID PREMISES [S VESTED IN Wesley A. Swartz and Sheila D. Swanz, husband and wife by Deed from S & R Construction. A Partnership, and having as Partners Roben SwartZ and Walter Ritchey dated 5i15/97 and recorded 6i20i97 in Deed Book 159 Page 767. o ,-~:.. ...~~.;; !,oo,~~'i;lli~!I:10i","W;'{!".!("h.lb"'}&of'j'.I~<Sillli!l~:r.!!;~!!d,~~a;,~-MB1f"'W;",~1b"'<!;;'":''J'l''^i'''''~-L'C;>ff'~~4\mui~~!..''''' ~'R ';:-fJ - l~ .-- ,~ ~ 'D o ,,.tI '" l..lv -. -..... ~ ~. ^~ . "--, , . ,,", ,~ 'V"~" ~..,~_ "" ...s- f) .--.j '0\ ~~ ~ ~ " ~ 'r->.t:::--- ~p ~ J-- ~ . ,~, = ~'"'lIIiiIIl~""~'~.'-'- iSJ J V"^ ~8\~- '~''Q c' ~ -oU'; mp'< "" - Ll. CiJ ".~:' '-""". r:: c~' :r>c" Z.J >~ :::'i -<. ,".-.' '~:i .:'-; c.} .'Ti 2f "11 ~ ,~ \EY ::> co " c:' ~ :D ~, ~ ~ '. , ~u 1'__. I ,J . ,;:,. "" '<U>f,: /0'"'- ..~ WASHINGTON MUTUAL BANK, F.A., S/III TO BANK UNITED CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION WESLEY A. SWARTZ SHIELA D. SWARTZ NO. 01-1906 CIVIL Defendant(s). AFFIDA VlT PURSUANT TO RULE 3129 (Affidavit No. I) WASHINGTON MUTUAL BANK. F.A.. S/I/I TO BANK UNITED, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .183 ZION ROAD. NEW BURG. P A 17240 . 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WESLEY A. SWARTZ 183 ZION ROAD NEW BURG, P A 17240 SHIELA D. SWARTZ 183 ZION ROAD NEW BURG, P A 17240 2. Name and address of Defendant(s) in the judgment: WESLEY A. SWARTZ 183 ZION ROAD NEW BURG, P A 17240 SHIELA D. SWARTZ 183 ZION ROAD NEW BURG, P A 17240 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. w= " ~ M"O == 1 I i 11=' ~, -. ~.~ ,,1. 1.-. " . , 4" Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL INC. 1752 LINCOLN WAY EAST, STE. 7 CHAMBERSBURG, P A 17201 5" Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Nanle Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 183 ZION ROAD NEW BURG, PA 17240 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO 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 or information and belief. I understand that false statements herein are made subject to the penalties of18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities" U~ December 5, 2001 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ,~~~jifjHfiffil~ill!ii~",it,"t""'llil~~~I:jl;jlMli~,",1i;;]~Sh""",:-"cJ'I!"",,,:,-;j-i,"""h,~~,,;,''':-""'a}'rlm~m".IlIltiWlIll-.~ ~ '~~!IH~~IM.d 'a1tJ~~""';';"" .'." ".<~ .,-". ,". ,"~, '~"i: . , ... (") c:~ c ~~: ~,:J -0 ~'~-, ,""j m~~c ,.-) : _d Z:-!.', :z:.-- .- G?~":,: C) "., -<_d rOO', r:::c) ';, ):;C'J ;,::': ~"! '; ;;;C) ;~r< >c: - :z: o:;j =< ,::> ;' .::D ('::; -< )'" "^. ~: ..I J --. ' '- .'., ,,,,,". . " ,"~ . lMf,,,'! FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, F.A., S/III TO BANK UNITED CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION WESLEY A. SWARTZ SIDELA D. SWARTZ NO. 01-1906 CIVIL Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subj ect to the provisions of Act 91 because it is: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. e.S. Section 4904 relating to unsworn falsification to authorities. ~~iLtkumE ~ Attorney for Plaintiff <OM ",--, ~ , ,> -'-'"~-'",,,,,,,-,~"-~, ";ci, ,. WASHINGTON MUTUAL BANK, F.A., S/I/I TO BANK UNITED CUMBERLAND COUNTY Plaintiff, No. 01-1906 CIVIL v, WESLEY A. SWARTZ SHIELA D. SWARTZ Defendant(s). December 5,2001 TO: WESLEY A. SWARTZ 183 ZION ROAD NEW BURG, P A 17240 SHIELA D. SWARTZ 183 ZION ROAD NEW BURG, P A 17240 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THA T PURPOSE IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at , 183 ZION ROAD, NEW BURG, P A 17240, is scheduled to be sold at the Sheriff's Sale on MARCH 6, 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of179,474.75 obtained by WASHINGTON MUTUAL BANK. F.A.. sail TO BANK UNITED (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for the JUNE 5, 2002 Sheriffs Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) ~.. 'd , ,i,;J '~ r' ,~ ,,,,-,, ~~ . \ 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 fmd out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 ~ ~. ALL the following described re:J.1 est:J.te lying and being siruate in Hopewell Township. Cumberl:J.nc- COUnty. Pennsylvania, bounded and limited :J.S follows: BEGI:-.lNING at an iron pin on the easterly dedicated righe of way of Township Road :-.10. 3'73 m corner of Lot No.2 on a plan of lms hereinafter referred to: ehence by said Loe );0. 2. South 71 ....____ degrees 35 minutes 58 seconds East 237.94 feet co :J.n iron pin: ehe:::!ce by the same. South 18 degrees 24 minutes 1 second West 230 feet EO :J.n iron pin on line of lands now or formerly of Steve Elratb.: ehence by said lands now or formerly of Seeve Elraeh, North 70 degrees 33 minutes 27 seconds West 230 feet to an iron pin on the easterly dedicated right of way line of the aforementioned Township Road 378; thence by the easterly dedicated righe of way line of Township R,)ad No. 378. ,';'onh 18 degrees 54 minutes +1 seconds East 225.64 reet to :J.n iron pin. the place of BEGINNING. CONTAfNING 1.250 acres and being Lm No.1 on a plan of lots entitled "Mill Run Acres" ~ prepared for William F. Lucas by Kissinger and Wolfe, Surveyors, daeed lYlay 14, 1977, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 30, Page 97. TOGETHER with all the Grantor's right, title and interest in and co that ponion of che public road known as Township Road No. 378 lying between the from property line or said Lot No. 1 herein conveyed, as shown on the aforementioned plan of lots, and the cenrerline of said public road, which has been dedicated by the Grantor herein for road usage. TAX PARCEL #11-07-0491-012 TITLE TO S.-'\ID PREMISES IS VESTED fN Wesley A. Swam :J.nd SheUa D. Swam, husband and wife by Deed from S & R Construction, A Partnership, and having as Partners Robert SwartZ and Walcer Ritchey dated 5/15/97 and recorded 6120/97 in Deed Book 159 Page 767. ~ '~;, . ~:;.. ......,,' ;~"'_iffi<iiH,,""'-i1ffili,iliiJI!lfijOi~rB';'Ed11"-"lHg:i>;;iliM,"'~S\i>lf;0llii1~~@.l!Ml"i'\',,"k'1"'"'-0!"'>~',:~';;J'ii--";,i~"",IJ;4'.1,g.,,.,,",,"~~~~~~~ ~ J .V~.I., .~." !lHIIIlWJ,.~.". ~ ~'"~"""" ,d..", ,...,~..... ~ ,..,., ~,' I?.,..,.. ,~, ... ~'~ .- ~ . , .. ,'.,,j, o S < ~E~ &;?_- -<> ~r:-_ ~~~ Z :::;J r~ f",-, C') {::J J::"' ~=> (::?- , . "7 ., -~,;; ~ . :iJ -< _...,""~. ~ L ~_ . ~ -.~ '" --1-- ~ ~~ : \.1""" ..,- J".t- -- , SALE DATE: MARCH 6, 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WASHINGTON MUTUAL BANK, FA, S/I/I TO BANK UNITED No.: 01-1906 CIVIL vs. WESLEY A. SWARTZ SHIELA D. SWARTZ AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 183 ZION ROAD. NEW BURG. P A 17240. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No.2 (previously filed) and Supplemental Affidavit No.2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. 3~~ F FEDERMAN, ESQbiRE Attorney for Plaintiff February 26, 2002 _",_.,~ l~ , I~ ,"I "-'- - nil~~': , W ASIDNGTON MUTUAL BANK, FA, S/IJI TO BANK UNITED CUMBERLAND COUNTY , Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION WESLEY A. SWARTZ SHIELA D, SWARTZ NO. 01-1906 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) WASHINGTON MUTUAL BANK. F.A.. SIIII TO BANK UNITED, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .183 ZION ROAD. NEW BURG. P A 17240 . 1. Name and address of Owner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WESLEY A. SWARTZ 183 ZION ROAD NEW BURG, P A 17240 SHIELA D. SWARTZ 183 ZION ROAD NEW BURG, P A 17240 2. Name and address ofDefendant(s) in the judgment: WESLEY A. SWARTZ 183 ZION ROAD NEW BURG, P A 17240 SHIELA D. SWARTZ 183 ZION ROAD NEW BURG, PA 17240 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. ~" . "" L . ;. ~. 'C' ,'" iJi '_n_ -""""' ",o~:i ~ 4., Name and address of last recorded holder of every mortgage of record: I, Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL INC. 1752 LINCOLN WAY EAST, STE. 7 CHAMBERSBURG, P A 17201 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 183 ZION ROAD NEW BURG, PA 17240 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO 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 or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. 4~ 41~ December 5.2001 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff , ~. ;?;l a ~ c.: ~ , ri".s- ~o ",' ~ 3- if s. ~ ~ ~ <j, - "" - eN - N ~ o - - G\~;;< . .. ~. ~ ~- " " -ocr ~. o ' . 0 -~ o~ snr o . . . m~ , 0 r .;5~ ;. 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'.l ;:> . , . ",_ .t,I.>,. ,~ , ~, ~-~ -'," , DATE: TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S) WESLEY A. SWARTZ SHIELA D. SWARTZ PROPERTY: 183 ZION ROAD NEW BURG, P A 17240 Improvements: Residential Property CUMBERLAND COUNTY The above-captioned property is scheduled to be sold at the Sheriff's Sale on MARCH 6. 2002, at 10:00 a.m. in Cumberland County Courthouse. South Hanover Street. Carlisle. PA. Our records indicate that you may hold a mortgage or judgment on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. LH - , , -" [ :,,1....... '- ",",.' ,-; ^" - ,~- ,. Wi I,~, I~'-#' -"I,' "Y'" . 1 SALE DATE: MARCH 6. 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WASHINGTON MUTUAL BANK, FA, S/IJI TO BANK UNITED No.: 01-1906 CIVIL vs. WESLEY A. SWARTZ SHIELA D. SWARTZ t,,~\i,] j" (i-"<>(?'~~f:3l\<7 .' -\:."".h-!Irf l.J I1Blirr~ k1CYF CRl'C;"Pi ~l3lii8 ~ ~i\m.~,Iib''-I<''"o.1je, ift1f!~ ~ ~) flll~i1~ " AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 183 ZION ROAD. NEW BURG. P A 17240. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No.2 (previously filed) and Supplemental Affidavit No.2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. r,"ff'illf,",,7 'J';:llur..:Jii "'I pc,,""'" f,l'lE1[iJR'N ' ' (0" I,~'i""wc ,,',' ", , " -,I l.l~..,..-..a"'_lllil<;;;l \I> C"'--[~8~'" '-\f\;""! ti:P'j''''I'I'i",,,q lJ'\'.\IJ"i_: :> c1.'WL-;;rIf,l,\] ~--J ~\ FRANK FEDERMAN, ESQl:::HRE Attorney for Plaintiff February 26, 2002 . ',' .~, r . ~ .., :~ ''''''''''''_~ill~l!l~M~~Iiii!i*!lil.iiiID,h..lilli:i:;;;;;;'~1I>,iif,1'!'b(;;)'''"~:N'i~'V~'',~W''';''~h",-\1ili,".ThrilO\J!~~:~.I">~~_~~ir. 't -'.!IiiII!MIIUi!l!lllii r~~~' ~, ^~,~,. "" "',""'.,.=" ,~~",~ " -.,.. " 0 C) r- , } C r'..) ''-' :::.;" -., ",,1 ""DC:1 P"l ~T :E" mn"] "....,-; :Ii ~~ ~-~ "f'0 -'t;: L. ~:i 0) ~c; ):'j'" ~':;CJ ::""1: 6~~ ~2 '2 --j Z "0 ~ =< :- 0< _,"" ~n '~~"'- ^ mJ' 'ilk., ," \\i,,:' , , ~""'""~ t ~ 'L, L_b' ~ . 'ili ~~~ " " Washington Mutual Bank, FA s/i/i To Bank United VS Wesley A. Swartz and Shiela D. Swartz In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-1906 Civil Term "";-tt-i R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff's Costs: Docketing Surcharge Posting Handbills Law Library Prothonotary Share of Bills Mileage Levy Advertising Certified Mail Poundage Law Journal Patriot News 30.00 30.00 15.00 .50 1.00 24.20 13.65 15.00 15.00 18.69 15.65 349.10 270.30 $ 798.09 paid by attorney 3-08-02 Sworn and subscribed to before me So Answers: r~ -<:' P"AJ' This I'I'!!' day of 71A.I., ,A../ . -1"'.....t:r~ (7 R. Thomas Kline, Sheriff 2002, A.D. '-t 'j''' a 'f1A.. ~~; ''': ff" J' _I (' II! BY ~~WJa' 1VJ,1'ttP7 Prothonotary Real E te Deputy l,sO U<... 3 ov8'IJ"" Ku.1;.Jf'.l.3 -~"'--'."- - ~ I ~ .L - '_'l.I,'I. _ , -" ,~'''-i' ~'.'. WASHINGTON MUTUAL BANK, FA, SIIII TO "BANK UNITED I> Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION WESLEY A. SWARTZ SHIELA D, SW AR1'Z NO. 01-1906 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) WASHINGTON MUTUAL BANK, F.A.. SIIII TO BANK UNITED, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,183 ZION ROAD, NEW BURG. P A 17240 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WESLEY A. SWARTZ 183 ZION ROAD NEW BURG, PA 17240 SHIELA D. SWARTZ 183 ZION ROAD NEW BURG, PA 17240 2. Name and address of Defendant(s) in the judgment: WESLEY A. SWARTZ 183 ZION ROAD NEW BURG, P A 17240 SHIELA D. SWARTZ 183 ZION ROAD NEWBURG, PA 17240 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. ,-,t.,:;I-.'.lc. .-'- ,--, llii~b--::' \4. Name and address of last recorded holder Of every mortgage of record: , Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFlNANCIAL INC. 1752 LINCOLN WAY EAST, STE. 7 CHAMBERSBURG, PA 17201 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 183 ZION ROAD NEW BURG, PA 17240 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO 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 or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. 4J- 41,,--, December 5.2001 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 0\ ,I~-'U '~~---~-;; WASHINGTON MUTUAL BANK, FA, SII/I TO BANK UNITED · Plaintiff, CUMBERLAND COUNTY No. 01-1906 CIVIL v, WESLEY A. SWARTZ SHIELA D. SWARTZ Defendant(s). December 5, 2001 TO: WESLEY A. SWARTZ 183 ZION ROAD NEW BURG, P A 17240 SHIELA D. SWARTZ 183 ZION ROAD NEW BURG, PA 17240 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THA T PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY, ** Your house (real estate) at. 183 ZION ROAD. NEW BURG. PA 17240. is scheduled to be sold at the Sheriff's Sale on MARCH 6. 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of 179.474.75 obtained by WASHINGTON MUTUAL BANK. F.A.. SIIII TO BANK UNITED (the mortgagee) against you. If the Sheriff s sale is postponed, the property will be relisted for the JUNE 5, 2002 Sheriffs Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two art how to obtain an attorney.) ,'- ,. ~' " ,_ ,J. '_I " ,~" ~"....; . ',;. ~I,,' ,,",jr~,i .' , YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 ~ ~ " ALL the following described real estate lying and being siruace in Hopeweil Township. Cumberland..-- COUnty. Pennsylvania, bounded and limited as follows: BEGIN,';'ING at an iron pin on the easterly dedicated right of way of Township Road No. 378 at corner of Lot No. 2 on a plan of lots hereinafter referred to: thence by said Lot :-;0, 1, South 71...____ degrees 35 minutes 58 seconds East 237.94 feet to an iron pin: thence by the same. South 18 degrees 24 minutes 1 second West 230 feec to an iron pin on line of lands now or formerly of Steve Elrath: thence by said lands now or formerly of Steve Elrath, :"forth 70 degrees 33 minutes 17 seconds West 230 feet co an iron pin on the easterly dedicated right of way line of the aforementioned Township Road 378: thence by the easterly dedicated right of way line of Township R,)ad No, 378. Nonh 18 degrees 54 minutes +2 seconds East 125.64 feet to an iron pin. the place of BEGINNING. CONTAINING 1.250 acres and being Lot No.1 on a plan of lots entitled "Mill Run Acres" ~ prepared for William F. Lucas by Kissinger and Wolfe, Surveyors, dated May 24, 1977, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania. in Plan Book 30, Page 97. TOGETHER with all the Gr:J.ntor's right, title and interest in and to that portion of the public road known as Township Road No. 378 lying between the front property line of said Lot No. 1 herein conveyed, as shown on the aforementioned plan of lots, and the centerline of said public road, which has been dedicated by the Grantor herein for road usage, TAX PARCEL #11-07-0491-012 TITLE TO SAID PREMISES IS VESTED IN Wesley A. Swartz:J.nd Sheila D. Swartz, husband and wife by Deed from S & R Construction, A Partnership, and having as Partners Robert Swartz and W:llter Ritchey dated 5/15/97 and recorded 6/20/97 in Deed Book 159 Page 767, - ,. ..~~:~ ~~,"," 0,'- ~..'~"""~,<.".."'-~ ! I " " 1~ _J_~I iJ.",,,, ~-.. M'-'~ -&:sa.~'m)j'~~' : WRIT OF EXECUTJON aotl/orA. rrACHMENT . ' < ' COMMONWEALTH OF PENNSYLVANIA) . COUNTY OF CUMBERLAND) NO, 01-1906 CIVIL Xl( TERM CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY To satisfy the debt. interest and costs due JW,fO?hingiQn Mutual Bank V.I'.. S/I1T to Bank United PLAINTIFF(SI from Wes1P.y A. SwArtz Shie1a D. ~, 1R1 7.ion ROAn. Npwnllr'}. p" 17740 DEFENDANT(S) (1) You are directed to levy upon the property of the delendant(s) and to sell 183 zion Road. Newburg. Pa. 17240 (2) You are also directed to allach the property 01 the delendant(s) nol levied upon in the possession of GARNISHEE(SI,as follows: and to notffy thegarnishee(s) that: (a) an attachment has been issued; (b) the g<ln'liShee(~)isl~~e~i:ljQi~~~;f,rQ~:l!a~W19any debt to or for the account of the defendant(s) and from delivering any property of the !defendaOi(sj()(bth~rWl$~YtllsfJOSing Ihe(~\~:, ,', , ,", ,',', ',',', " ,. '. ~':"",' (3) If property of the defendant(s) notleviedupon an subjectlo attachment is fOlln<li!1t,h~:I:I<>~~$~i!ilt\l'" !han:a named garnishee. you are directed to noti!Yliimlherthat he/she has been added as agiullislillleana:i~'el1j ,.' , -'- ' , ,.,",.- ~taled. Amount Due 8179.474.75 From 9/25/01 to 3/6/02 (per diem-29.50) Interest ~ 4 . 779 . 00 Ally's Comm % U, $0.'i0 Due Prothy 81.00 Other Costs Ally Paid Plaintiff Paid $ 196.7<; Oale: December 10. 2001 Curtis R. Lonq Prothonotary. Civil Division by _ Qur- (l hu /jJ,u Deputy REQUESTING PARTY: Name Frank Fede:rman. Esq. _ One Penn Center at Suburban Station Address: 1617 Jol'h F. Kclu,edy Doulc.aru. Stiite 1400 Pni1"nplphiA. Pa. 19103-1814 Attorney lor: Pl A inti ff Telephone: Supreme Court ID No. '>li~>r;iJ;~,""'%:1W-,-,._~,i\(.,;/Hf;A,,"\i"''''"~'_~d'';:''--":'_\~"'t,il.t",;l'-~-'\>\lhd"f,'''''_'''''' ,,_ _"_' -.,'r."~""~"" V-'J_,_"'i-,:,=wJthi'-!1~~Ma;i~i<~a;~.il<llelfJi!!llir~,""~i..~'dl0,.,~,,-<~,,.;;"";llmi,;;fl!;i~";lot.",~~!:I ~~IliiiriI] [.!!Ii ~_ ' -j;b:: REAL EST AJE SALE No. 4~ On December 12,2001, the sherifflevied upon the defendant's interest in the real property situated in Hopewell Township, Cumberland County, P A, known and numbered as 183 Zion Road, Newburg, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 12,2001 By: q6clt{ S~ Real Estate Deputy ~ ~ ~ 1!C;H~3d '1\ \-\,/f\ ~~i';':) -I. "Ii.... - - , , \\ '33n \\\. I~ Lt: t . " ,,\,\(\0 )..\.~(\v" " l to'3~\HO H\\l':l\\S '1\1 ~ .J '" REAL ESTATE SALE No. 44, IVrlt No. 2001-1906 Civil Term Washington Mutual Bank, , FA. sIlJl Bank United va Wesley A. Swartz and Shiels D. Swartz AUy: Frank Federman DESCpJp'J']ON, ' f.\LL the following described real estate lying and' being situate iI:t" HopeweO Township, 'Cumberland County,' Penll5ylvania, bounded and limited as follows: BEG~'ING lit ii iron pin on the c<e;terly' dedicated right of way of Township Road No. 378 at corner of Lot No.2 on a plan of lots hereinafter referred to; thence by said Lot No.2, South 71' degrees 3S minutes 58 seconds. East 237.:.94 feet to an iron pin; thence by the . same, SOOth. 18 degrees 24 minutes ) s<<ood ,..West ',23IJ feet to an iron pin on line of lands nDW dr formerly of Steve Elrath; thence by said land... now or fOITl,lerly of Steve Elrath, North 70 'degrees 33" minutes 27 .seconds West 230 .:- fuCLto an iron pin on Lire eaSterly dedtcated right of way line of the aforementioned : Thwn'.~bip, Road 378; thence by th~ easterly ,-dedicated right of way line of Township Road . No. 318, North 18 degrees 54 minutes 42 : :Seconds East 225.64 feet to an iron pin, the pince of BEGINNING, . CONTA~1NG 1.250 acres and being Lot No.1 on ,a plan of lots entitled "MUl Run Acres" prepared for William F. Lucas by Klsslllger and Wolfe, Surveyors, dated May 24. 1977. and recorded in the Offlce of the Rt.corder of Deeds of Cumberlaru.i County. Pennsylvania, in Plan Book 30. Page 97> TOGETHER wiLb all the Grantor's right, title . and interest in aJf ~o that portion of the public road known as.l~nship Road No. 378 Jying between the front property, une of 'Said Lot No.1 berein conveyd, as sbo'o'm on the aforementioned plan of lots, and the centerline of said public road, which bas been dedicated :. bY' the Grantor herein for road usage. ,TAx PARCEL #l i.()7.{)491.012. :tmE TO ~'Am premllie~ is ve.~ted in Wesley A. Swartz and Sheila D< Swartz, husband 3J\d wife, by ~d from S & R Construction, A .Partnersbip, and having afi Partner~ Robert Swartz and. Walter Ritchev dated. 5Ji5J97 and reCorded 6/211/97 in Deed Book 59 Page 161. ~~",,' ~ ~-~, "'~l ~, L oi,;I_,..J" ~, I'" ....... 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 Michael Morrow being duly sworn according to law, deposes and says: That he is the Ass!. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and~ Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 29th day(s) of January and the 5th and 12th day(s) of February 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot, News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy SALE#44 Sworn to an NotlllalSeal Terry L. RUSSllB, Notary PubUc Herrisllurg, Dauphin County My Commission Expires June 6, 2002 N TARY PUBLIC Member, Pe,msyhlania Assoclation of NotarieS My commission exp'i<es June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 t 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 $ 268.80 1.50 270.30 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... AI . .- , ~-'~-'" I, . ,.- B&AJ, ESTATE SM.E NO, 44 Writ No. 2001-1906 Clvll Washlngton Mutual Bank. FA stili Bank Unlted vs. Wesley A. Swartz and Shlela D. Swartz Atty.: Frank Federman ALL the following described real estate lying and being situate in Hopewell Township. Cumberland County, Pennsylvania, bounded and limited as follows: BEGINNING at an iron pin on the easterly dedicated right of way of Township Road No. 378 at corner of Lot No. 2 on a plan of lots herein- after referred to; thence by said Lot No.2. South 71 degrees 35 mm- utes 58 seconds East 237.94 feet to an iron pin; thence by the same. South 18 degrees 24 minutes 1 sec- ond West 230 feet to an iron pin on line of lands now or formerly of Steve Elrath; thence by said lands now or formerly of Steve Elrath. North 70 degrees 33 minutes 27 seconds West 230 feet to an iron pin on the easterly dedicated right of way line of the aforementioned Township Road 378; thence by the easterly dedicated right of way line of Township Road No. 378. North 18 degrees 54 minutes 42 seconds East 225.64 feet to an iron pin. the place of BEGINNING. CONTAINING 1.250 acres and being Lot No. 1 on a plan of lots entitled "Mill Run Acres" prepared for William F. Lucas by Kissinger and Wolfe. Surveyors. dated May 24, 1977, and recorded In the Of- fice of the Recorder of Deeds of Cumberland County. Pennsylvania. In Plan Book 30. Page 97. TOGE1HER with all the Grantor's right. title and interest in and to that portion of the public road known as Township Road No. 378 lying be- tween the front property line of said Lot No. 1 herein conveyed, as shown on the aforementioned plan of lots. and the centerline of said public road, which has been dedicated by the Grantor herein for road usage. TAX PARCEL #11-07-0491-012. TITLE TO SAID PREMiSES IS VES1ED IN Wesley A. Swartz and Sheila D. Swartz. husband and wife by Deed from S & R Construction. A Partnership. and having as Part- ners Robert Swartz and Walter Ritchey dated 5/15/97 and record- ed 6/20/97 In Deed Book 159 Page 767. - - ~_ 1-' "-, ;,,, ~". "J'. -;;;,. ~'-- ~-"" ,~.-'i "'-~;';i, - ",,, ~ i I , , , ~', I~i" . ~jl'1lat:Jij ~, -.' 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, VlZ: JANUARY 25, FEBRUARY 1, 8, 2002 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. / Roger M. Morgenthal, Editor ......... SWORN TO AND SUBSCRIBED before me this 8 day of FEBRUARY. 2002 NO EAL LOIS E, SNYDER, NoIaIy Public Call1sIe Boro, CumileI!and Countv My CommIa!oIi EJtpitus MaR:h 6, 2005 .....~ ~'#I ',..:) '-"-,;[ .1'" , .-..~ "'''''-.~~". - ~ ~' . , .- I ~ ..~. - , , - - -".~ cit'L,!_ j FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION WASHINGTON MUTUAL BANK., FA SllII CUMBERLAND COUNTY BANK. UNITED No.: 01-1906 Ys. WESLEY A SWARTZ SHEILA D SWARTZ AFFIDAVIT I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to WESLEY A SWARTZ and SHEILA D SWARTZ on DECEMBER 5, 2001 at 183 ZION ROAD, NEWBURG, P A 17240, in accordance with the Order of Court dated June 29, 2001. I further certify that the mortgaged premises was published in the Cumberland Law Journal on December 21,2001, and that the mortgaged premises was posted by sheriff with the Notice of Sheriffs Sale on JANUARY 7, 2002, in accordance with the Court's Order. The undersigned understands that this statement is made subject to the penalties of 18 P A C.S. s 4904 relating to unsworn falsification to authorities. :;-~ 1-~ FRANK FEDERMAN, ESQUIRE Date: Februarv 26. 2002 ~ PROOF OF PUBLICATION .i ~ , ~' ~ ~ tate of Pennsylvania, County of Cumberland. ~ J ;:; ~ Lori Saylor, Classified Advertising Manager of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz - Copy of Notice of Publication December 15 2001 Affiant further deposes that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the i, foregoing statement as to time, place and character of publication are true. (\~A~ December 19, 2001 worn to and subscribed before me this 19th day of December , 2001. ~O.~ Notary Public ~ y commission expires: NOTARIAL SEAL P bl'c SHIRLEY o. DURNIN, Nota'tO::n I CalUsle 6019.' cExumpl.:~~d .9.20%3 M CommiSSion i ,.' , PROOF OF PUBLICATION OF NOTICE IN CUMBERLAi'm LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : 55. COUNTY OF CUMBERLAND : Roger M. MorgenthaI, 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 DECEMBER 21, 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 :J~ Roger M. Morgenfual, Edito; SWORN TO AND SUBSCRIBED before me this 21 day of DECEMBER. 2001 ~ \. ~J ~/N1~ ~J;,dtJ-'1 / NOTAR!AI. SEAL lOlS E. SN'YDER, NcI2lY PubHc Carlisla Bore, Cu.'l'Mlja"lll County , My COt'1lo-nlssion Expires Mach 5, 2005 t ~ * l ~ , f I t,:' _ r 1- (' I'.; {' , , f -. -' ,,' ..,--' .~' I i ~ i i ~ ~, i :~- l\ i CUMBERLAND LAW JOURNAL TERMS OF SALE, The purchaser at sale must pay 10% of the amount of his/her bid on the day of sale; the remaining balance is to be paid no later than the Friday following the Sheriff's Sale. 'If complied with. a deed will be tendered by the Sher- iff at the next available Court of Com- mon Pleas for Cumberland County conveying; to the purchaser all the right. title. interest and claim which the said defendant has in and to the said property at the time of levy- ing the same. If the above condi- tions are not complied with on the behalf of the purchaser. the prop- erty will again be offered for sale by the Sheriff within thirty days of the original sale. The said purchaser will be held liable for the deficiencies and additional cost of said sale. TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff on 4/8/02. distribution will be made in accordance with the schedule unless exceptions are filed. FRANK FEDERMAN. ESQUlRE Attorney for PlaJntiff Suite 1400 One Penn Center at Suburban Station Philadelphia. PA 19102 (215) 563.7000 ~ ~ ~:i NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law No. 99.5429 Civil WASHINGTON MUWAL BANK. F.A.. S/I/1 TO BANK UNITED. PLAINTIFF VS. WESLEY A. SWARTZ and SHIELA D. SWARTZ. DEFENDANTS NOTICE TO: WESLEY A. SWARTZ & SHIELA D. SWARTZ NOTICE OF SHERIFF'S SALE OF REAL PROPER1Y TAKE NOTICE that the real es- tate located at 183 ZION ROAD. NEW BURG, PA 17240, is scheduled to be sold at Sheriffs Sale on Wed- nesday. MARCH 6. 2002 at 10,00 A.M.. in the Cumberland County Courthouse. South Hanover Street. . Carlisle. PA 17013. to enforce the court judgment of $179.474.75. obtained by WASHINGTON MU. TUAL BANK. F.A.. S/I/I TO BANK UNITED (the mortgagee): Prop, sit. in the Twp. of Hopewell beg. At an iron pin on the E. ded1~ cated light of way Township Road No. 378 at comer of Lot 2. Front' 230~ ft. Depth: 225.64 ft. Eeing Premises, 183 ZION ROAD. NEW BURG. PA 17240. Improvements consist of re$i.den~ tial property. Sold as the property of WESLEY A. SWARtz & SHlELA D. SWARTZ. ,; ! Dec. 21 3 / WASHINGTON MUTUAL B},}r:<<:, F.A. Sf'J1 BANK UNITED, , Plaintiff IN THE COURT OF COtvWON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW WESLEY A. SWARTZ SHIELA D. SWARTZ, Defendants NO. 01-1906 CIVIL TERl\.1 ORDER OF COURT. AND NOW, this 29h day of June, 2001, upon consideration of PlaintitTs Motion for Service Pursuant to Special Order of Court, it is ordered and directed that Plaintiff may obtain service of the complaint on the above-captioned Defendants; Wesley A. Swartz and Shiel a D. Swartz, by (I) mailing a true and correct copy of the complaint by certified mail and regular mail to Defendants' last known address and the mortgaged premises at 183 Zion Road, Newburg, PA 17240, (2) publication once in the Cumberland Law Journal and in a newspaper of general circulation in Cumberland County. Pennsylvania, and (3) posting upon the mortgaged premises. BY THE COURT, esley Oler, M~e M, Bradf9rd, Esq. , P1617 J~hn F. Kennedy Blvd. Suite 1400 Philadelphia, PA 19i03-1814 Attorney for Plaintiff ( d;~ ~. --_._------~----~ n_ ."0.'______ ___ ":-IIiIIliIlli__..Uiilllllllllil - I. """" J ..~ I I', ,~'" , ,- ~-~.- ,-, f1.: . . ~ ~ ~ .~ " I ::: , ' "",". j l ~ "'!=]'- - ! ll!~.g '" .... ~ g 15 8- - - a ~ ~d3 0 ~ "'1"" .... - e !!.- - .. ~ r:5 ~ 8 ~~ 5' ~ I~n ~ :e~'O '" ! .S: ",.5 ~ - ~ K ~.~ ~ .~ ~.5 e :5 ~. ~.. !if ~ N ~]~8"a .... <il = a.i ~ E! ~ 10 - = ~ ~.,q ~ N -< o ~,. 0 ~ 18 ..~ ~ . ~ 8~ 0 '" ~ ~ ~ [- . ~ ::a!1 Q,.g 2 '" Q,,a-f1 .~ "'@-'~ Q:l _I IL. ~ <II ~ Go> .. ~ ga .;: 8'g.g o....~..._ ~ g~'i55~ ~ ~ '~.g,~.5~ ~ {j!'" ~ ~ 0 0 . . ~ '" '" 0 ,,~,g~:> ~ ~ ~. N '" ;a~tt G! .... N ~ .g,d:;: - - .... t-:' ~~~~ '" ~ ~ ~ - , - ~ ~ ~ ~ ~ ~ '" ,..... - " .. ~ '" j! ~ ~ -< U ~ ~ Q:l ~ 0: ~ ~ 0= ~ ~ ~ 0 '<t .. ~ Z ~ ! -" ~ ~ Z ~ ,S- ~^ .- = 3 h1 s:= riJ = ~ g g o ~ ! ~ 0 -.:; c ~ ~ U s.,;.o:l ~ ~ ~ 5 rIl~~ ~ ~ I!' ~j-~~ 8 ~ ~ ..'" ~ ~ '" ~ N ,~ 00 '" '" ~ - 00 '" .... !i3 !3 0_ l '" - 00 - ,J:1~' ~ ~ ~ N - ;:l >>'" '" N^ cj ~OO'ES . 3 I ~ . g ~ ~1;lee:: .. 8 ,..l ~~~ " ~ ~ "' ~ :S If '" u i8~1 u '" u : ~ 0 .( 0 ~ ..0 ~ ~- ~ o . ~ .a ,.e. ~ '" ~ j ~ H\j) ~~ ,'S .,',"~ . ~~.... ~ '" E3 8....] ~ 0 8 ~ :I: ~] ::e~ z ,c:l ~ '" ~ .. .CI it E QC '" .... ",~ z NO=" .. ~ ~ i u ~ t ~ ~ ~ 'i5-~~ In 110 =..~ H .. :l c i - ~ .s ~rn - M '" '" '" 10 .... 00 '" 0 - M '" '" '" z8 ~... - - - - - - g.!t z<o ,..l ...... ,~ " I "" '. . ,} 'C '''.. r... -l. ,- 7160 3901 c, ~\\ ....fi;::.'u... 4761 TO: '--. SHIELA D. SWARTZ 183 ZION ROAD NEW BURG, PA 17240 SENDER: JPG REFERENCE: SALES (6162995978) PS Form 3800. June 2000 RETURN Postage RECEIPT . SERVICE Certified Fee Retum Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service POSTMAAIwa)JAT!;; . , i7 Receipt for Certified Mail ':;: ~.l. I 3.20 '''--' \'-,<,' ;! , "' ,.~ 7160 3901 98 TO: WESLEY A. SWARTZ 183 ZION ROAD NEW BURG, P A 17240 SENDER: '. ~, .,'-ko;.- 'V 1 4754 JPG REFERENCE: SALES (6162995978) PS Form 3800, June 2000 I RETURN Postage RECEIPT C rt'l' F I SERVICE e lIed ee Return Receipt Fee Restricted Deliver; Total Postage & fees US Posta! Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mail ,...;.t-.. , <0:>---- ',!Jd 1-(::, ''-. -~ - -' ___'_"~.d'__.._ .____._._~_~___.____n ,_._4' _ ____________:::.:::::::__....__."__~..~.._..n_________ No Insurance Coverage Provided Do Not Use for International Mail .- .," ':''Y'' POSTMARK OR OAT!;; .i- / r~4~iltI&liilO%tiiio..,-,;~""%,^~."~",,"..&<i!f~it:'.ii.,,,,-"'r&i,,",,,~~"ill~,1;,,",-o;,",,;1.""" ,~,!j._;"-!l~','~^"1~2'JlI~i.iW,,,!iiOM~l~~ ~.~_~I, ".;)!t ~:T.1[. '~~_=._~H- . "",m,' . ,,' _ ~_ ".'.~.. ,. A,< < '~-'iIiiiIIiil:fl- I ...J;.;....,uw. ':~~!lliNlillliiiil~. .c ~ .~ . ~" ~.""""'-., 0 c;. ('I C r;,.,) ;"j s:: ~ .,,"" -om :;:,)')> riim ~" ,:n Z:J.:; -c Z~:,' I '. :.!,~; , ~.~' ~-'; ~~~:'> ~o ~ -i- 'I 2~c; -' ~~~5 ~-) ):>c c3rn c z ~ =< c"" =< Slf- ~ - ~ " , L' ~, "_- ~ L , ' '1-.1 ::"'y~ - WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-1906 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisty the debt, interest and costs due W ASHlNGTON MUTUAL BANK, F,A. SII/I TO BANK UNITED Plaintiff (s) From WESLEY A. AND SHEILA D. SWARTZ, 183 ZION ROAD, NEWBURG, P A 17240 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notity the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notity him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $179,474.75 L.L. Interest FROM 9/27/01 - 3/3/04 (PER DIEM - $29.50) = $26,225.50 Atty's Corom % Due Prothy $1.00 Atty Paid $1,007.34 Other Costs Plaintiff Paid Date: 10/22/03 (Seal) CURTIS R. LONG :;thl: ~ ~!1 eputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION, 1617 JOHN F. KENNEDY BLVD, SillTE 1400, PHILADELPHIA, PA 19103-1814 Attorney for: WASHINGTON MUTUAL BANK, FA., 8II/I TO BANK UNITED Telephone: (215) 563-7000 Supreme Court ill No. 12248 . L _d " '~jJ:l!lJ;;'!!- ",_ oJ . "." . - ~~ ,.c, ,F I, ~~.., .", C~"~UbMi,~~: . -, PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 W ASIDNGTON MUTUAL BANK, F.A., S/IfI TO BANK UNITED Plaintiff, v. No. 2001-01906 WESLEY A. SWARTZ SHlELA D, SWARTZ Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $179,474.75 Interest from 9/27/01-3/3/04 (per diem -$29.50) $26,225.50 and Costs TOTAL $205,700.25 ~W-dU1~ FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. ,':1.,*,J!~'3bW:j'4H,;ilili1}"'[-1~,~j;@E~,;j&il2il~,.ti;,~~~~hiit:,,;;tiMiiilif,""'~'i:ce,t;"'>i--.Ji'i:"'lM,"i-""'i"~Y"",,_-",~~~~~~~~$~~'~'~-, -'>~ ^,tL., <~ U.t.MI!l!WlI'll1 _ "' '''J'l '''';''-r~w~'- . . ~~ """" NN 1"-1"- .... .... ro.,:$ ~~ ~ Z ~~ O~ ~ 0 "'> '" .... -<.... .J .... fo1;l>< O:J i:l:li:l:l ....'" r;.; U ~~ .,;:j ~Z ~ NN ~'E " fo1;lfo1;l i::; Zz ~"" ZZ Ofo1;l ~~ fo1;l = " '" ~~ '" ~~ ~~ ro., Q " !:Q"" 0<: ,n ~ ~ .... 01: =2Z "'~ " ~~ ~ '" "" .. UZ O:JO:J ~ < . ~ri: s ro.,O:J ""~ > ><~ ZZ e.l 00 ~~ fo1;l-< ~~ 00 " ~~ .... .... g. ""U ........ NN ",fo1;l 01:: 0.. ~~ Zo ~~ f;Io, Q ...,..., ~ O:J~ ClOClO 0"" fo1;l6 .... .... 8~ "" ~ " .... Z U '" fo1;lfo1;l '" .... ~ j ~i:l:l ~ .c; ""~ " '" ~ ~ .~ ZO:J ro., ....U ~"~ =, .~- -.l! """ n , . . ALL the following described real estate lying and being situate in Hopewell Township, CumberlancJ.-.-- County, Pennsylvania, bounded and limited as follows: BEGINNING at an iron pin on the easterly dedicated right of way of Township Road No. 378 at corner of Lot No, 2 on a plan of lots hereinafter referred to; thence by said Lor No, 2, South 71 ____ degrees 35 minutes 58 seconds East 237.94 feet to an iron pin; thence by the same, South 18 degrees 24 minutes 1 second West 230 feet to an iron pin on line of lands now or formerly of Steve Elrath: thence by said lands !lOW or formerly of Steve Elrath, North 70 degrees 33 minutes 27 seconds West 230 feet to an iron pin on the easterly dedicated right of way line of the aforementioned TOWllShip Road 378; thence by the easterly dedicated right of way line of TOWllShip Road No. 378, North 18 degrees 54 minutes 42 seconds East 225.64 feet to an iron pin, the place of BEGINNING. CONTAININ~ 1.250 acres and being Lor No.1 011 a plall of lots entitled "Mill Run Acres" ~ prepared for William F. Lucas by Kissinger and Wolfe, Surveyors, dated May 24, 1977, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 30, Page 97. TOGETHER with all the Grantor's right, title and interest in and to that portion of the public road known as Township Road No. 378 lying between the front property line of said Lot No.1 herein conveyed, as shown on the aforementioned plan of lots, and the cemerline of said public road, which has been dedicated by the Grantor herein for road usage, TAX PARCEL #11-07-0491-012 TITLE TO SAID PREMISES IS VESTED IN Wesley A. Swartz and Sheila D. Swartz, husband and wife by Deed from S & R COllstructlon, A Partnership, and having as Partners Robert Swartz alld Walter Ritchey dated 5/15/97 and recorded 6/20/97 in Deed Book 159 Page 767. '_~J<:%iaffi~.iW_!;.:'!IIJlii-";'H;:-ili!;:j[j.iL-d,Jj)E~:i'I'&!i$;:~,Bi;';~-"Il1i:![j~'""Jc',>_~,","",~,,.!i,h{"J},,.Qi"'''B,r!~i''-~ff,,,."h~~-''''-~~~~ A(\ ~ _4 ~ ,II . \ ~ -.l \ ~ '" '-l 'I ~ . --..(,., ~ J (') c- o ,~: T!I" LIjlY' ~- c:~ t~~ ~r_' <.c::-t" ~:5~~~:' ,~- :1 .......~ ~ $ '-. ~ ....... J ~ ~~ ~ -~ \) ~. '" ""'" v., ?-> ~ ..... -.J . ", (f" .l:: \) \ , W ~ ~ \ \ 14 0 --t., ,,\1 -t 0 t .~_ _ ~ ._,"",,!!lltlrl'!!!J .....,.", m,~ _ .""<~~.t>,,,,,,..~".__~,o~,," ~,,___ ",,- oJ., _ .~. 'I I I . . ,=> c"-) --I :\) .,~~ -'- - , ~ '"- -- -".-~ ~~) :..~ :-'--{ ;;f .~;1 ~~" :':0 .', ::;:, f'0 Iii " ALL the fo!lowing described real estate lying and being siruaee in Hopewe!l Township, CumberlancL---- County, Pennsylvania, bounded and limited as fo!lows: BEGINNING at an iron pin on the easterly dedicated right of way of Township Road No. 378 at corner of Lot No, 2 on a plan of lots hereinafter referred to; thence by said Lot No.2, South 71 ...____ degrees 35 minutes 58 seconds East 237.94 feet to an iron pin; thence by the same, South 18 degrees 24 minutes 1 second West 230 feet to an iron pin on line of lands now or formerlY of Steve Elrath; thence by said lands now or formerly of Steve Elrath, Norrh 70 degrees 33 minutes 27 seconds West 230 feet to an iron pin on the easterly dedicated right of way line of the aforementioned Township Road 378; thence by the easterly dedicated right of way line of Township Road No. 378, Norrh 18 degrees 54 minutes 42 seconds East 225.64 feet to an iron pin, the place of BEGINNING. CONTAININ~ 1.250 acres and being Lot No.1 on a plan of lots entitled "Mill Run Acres" ~ prepared for William F. Lucas by Kissinger and Wolfe, Surveyors, dated May 24, 1977, and . recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 30, Page 97. ' TOGETHER with all the Grantor's right, title and interest in and to that porrion of the public road known as Township Road No. 378 lying between the front property line of said Lot No. 1 herein conveyed, as shown on the aforementioned plan of Jars, and the centerline of said public road, which has been dedicated by the Grantor herein for road usage. TAX PARCEL #11-07-0491-012 TITLE TO SAID PREMISES IS VESTED IN Wesley A. Swartz and Sheila D. Swartz, husband and wife by Deed from S & R Construction, A Partnership, and having as Partners Roberr Swartz and Walter Ritchey dated 5/15/97 and recorded 6/20/97 in Deed Book 159 Page 767. -~^ - --I , ~ 1-. ' ,,"-/"I,,/-~ r. < ""'"' -'pi FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIllLADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, F.A., S/III TO BANK UNITED CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION WESLEY A. SWARTZ SHIELA D. SWARTZ NO. 2001-01906 Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff l ~ " I' ~f ~"" ""'" " 1- I ~.I Jjj . _ l":' , ~.,j-~ ~- - ~, i~j;Jl~~ IrJlt'st! 1 W ASIllNGTON MUTUAL BANK, F.A., SII/I TO BANK UNITED CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION WESLEY A. SWARTZ SffiELA D. SWARTZ NO. 2001-01906 Defendant(s), AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) WASHINGTON MUTUAL BANK. F.A.. S/I/I TO BANK UNITED, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at.183 ZION ROAD. NEW BURG. P A 17240 . 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WESLEY A. SWARTZ 183 ZION ROAD NEW BURG, P A 17240 SHIELA D. SWARTZ 183 ZION ROAD NEW BURG, P A 17240 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None ~""''" I~~ -, '",J , < """'",- ",,<., ""'""":i:Ji- 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL INC. 1752 LINCOLN WAY EAST, SUITE 7 CHAMBERSBURG, P A 17201 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 183 ZION ROAD NEW BURG, P A 17240 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO 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 or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. October 20. 2003 DATE ~Jtl-d.Qjj,U\ J'f'liJ.Jj...J FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 1'-' ~' I" ~_ j , < -~.i , W ASIDNGTON MUTUAL BANK, F.A., S/IJI TO BANK UNITED CUMBERLAND COUNTY Plaintiff, No. 2001-01906 v. WESLEY A. SWARTZ SHIELA D. SWARTZ Defendant(s). October 20, 2003 TO: WESLEY A. SWARTZ 183 ZION ROAD NEW BURG, P A 17240 SHIELA D, SWARTZ 183 ZION ROAD NEW BURG, P A 17240 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at .183 ZION ROAD. NEW BURG. PA 17240. is scheduled to be sold at the Sheriff's Sale on MARCH 3. 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $179.474.75 obtained by WASHINGTON MUTUAL BANK. F.A.. S/I/I TO BANK UNITED (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. , 1-, ,. I ,L,-._ ~"'-"~!1;t: , , You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 , , , , ~ ! ALL the following described re:J.I estate lying and being situate in Hopewell Township, Cumberland----- COUnty, Pennsylvania, bounded and limited as follows: BEGrNNING at an iron pin on the easterly dedicated right of way of Township Road No. 378 at corner of Lot No, 2 on a plan of lots hereinafter referred to; thence by said Lot No.2, South 71 ____ degrees 35 minutes 58 seconds East 237.94 feet to an iron pin; thence by the same, South 18 degrees 24 minutes I second West 230 feet to an iron pin on line of lands now or formerly of Steve Elrath; thence by said lands now or formerly of Steve Elrath, North 70 degrees 33 minutes 27 seconds West 230 feet to an iron pin on the easterly dedicated right of way line of the aforementioned Township Road 378; thence by the easterly dedicated right of way line of Township Road No. 378, North 18 degrees 54 minutes 42 seconds East 225.64 feet to an iron pin, the place of BEGINNING. CONTAININ~ 1.250 acres and being Lot No.1 on a plan of lots entitled "Mill Run Acres" ~ prepared for William F. Lucas by Kissinger and Wolfe, Surveyors, dated May 24, 1977, and ii recorded in the Office of the Recorder of Deeds of Cumberland County, Permsylvania, in Plan Book 30, Page 97. TOGETHER with all the Grantor's right, title and interest in and to that portion of the public road known as Township Road No. 378 lying between the front property line of said Lot NO.1 herein conveyed, as shown on the aforementioned plan of lots, and the centerline of said public road, which has been dedicated by the Grantor herein for road usage, TAX PARCEL #11-07-0491-012 TITLE TO SAID PREMISES IS VESTED IN Wesley A. Swartz and Sheila D. Swartz, husband and wife by Deed from S & R Construction, A Partnership, and having as Partners Robert Swartz and Walter Ritchey dated 5/15/97 and recorded 6/20/97 in Deed Book 159 Page 767. "- , t,,::.:/ : I ,~ ,- IV ,,,D~'iLo>!\iWi:i~n,,,'Ji;j;~.b';;,i"-';1"'A,/,,,,,..~~~,W,tF./I,1#.;~)j;:,t1.t,Y,,O:;-Wo"';1,"",~;:,,,,a,*,'":?ii,,n;ii,,,,,,,,,,,-;;;&,;,~~;;~~'!jlll Iii T.J.....~.d>I1""-ilK.iWil,ll!ijrMlilr~~"'"" L,!!!.l!!!L -- ,_ '. ~,-'v '--""""~<~'~,,_m' ~~~'," ~" """"",.""",,~ "I. ,. , 0 "roJ (J c: L<;- -n -0:>' ~~ :'--., -0 ~ -.~,- ') ni Li ,~'1 ~ , :'\.J- ,;., '?Z ~~ " , '-', , >, ~~~ C:? :::5 "4 3. :::> ?o .t:'"" -< ~ ~ --' ~ v I . ~ , " '~1 - ril USBC PAM - LIVE - V2.2 - Docket Report Page 1 of6 ~ CREDS, CLAIMS u.s. Bankruptcy Court Middle District of Pennsylvania (Harrisburg) Bankruptcy Petition #: 1:02-bk-00948-MDF Assigned to: Mary D France Chapter 7 Previous chapter 13 Voluntary No asset Date Filed: 02/2212002 Date Converted: 08121/2003 Wesley A Swartz 183 ZION ROAD NEWBURG, P A 17240 SSN: 188-56-7573 Debtor represented by Keith B Dearmond DeArmond Law Firm 1770 E Market St Ste 201 York,PA 17402 717-846-8916 Fax: 717-846- 8916 Sheila D Swartz 183 ZION ROAD NEWBURG, P A 17240 SSN: 203-56-6615 Joint Debtor Lawrence G. Frank Law Office of Lawrence G. Frank 2023 NORTH SECOND STREET HARRISBURG, P A 17102 717234-7455 Trustee Charles J. Dehart, III P.O. BOX 410 HUMMELSTOWN, P A 17036 717566-6097 TERMINATED: 08/21/2003 Former Trustee represented by Keith B Dearmond (See above for address) https:!/ecf.pamb.uscourts.gov/cgi-binlDktRpt.pl?44327 4638550399- L _82_0-1 10/2012003 ," ,', I "_~.G .~ - ,~, USBC PAM - LIVE - V2.2 - Docket Report Page 2 of6 United States Trustee PO Box 969 , Harrisburg, P A 171 08 717-221-4515 Asst. U.S. Trustee Filing Date # Docket Text 02/22/2002 1 VOLUNTARY PETITION under Chapter 13, Matrix, all Schedules & Statements, Plan and Summary, [BR], ORIGINAL NIBS DOCKET ENTRY #1 (Entered: 02/28/2002) 03/08/2002 ~ CERTIFICATE of Mailing of Notice of341 Meeting. Objections to the plan are due 15 days after meeting held. , [DS], ORIGINAL NIBS DOCKET ENTRY #2 (Entered: 03/08/2002) 04/11/2002 .:i 341 meeting held. , [CA], ORIGINAL NIBS DOCKET ENTRY #3 (Entered: 04/12/2002) 04/16/2002 1 MOTION to avoid a lien Re: CITIFINANCIAL [Disposed], [SP], ORIGINAL NIBS DOCKET ENTRY #4 (Entered: 04/16/2002) 04/16/2002 ~ ORDER that answers are due on 05/06/02 Re: Item # 4, [SP], ORIGINAL NIBS DOCKET ENTRY #5 (Entered: 04/16/2002) 04/17/2002 Q OBJECTION to Plan by Trustee. Re: Item # 1 [Disposed], [NF], ORIGINAL NIBS DOCKET ENTRY #6 (Entered: 04/17/2002) 04/23/2002 1 OBJECTION to plan by WASHINGTON MUTUAL BANK Re: Item # 1 [Disposed], [NF], ORIGINAL NIBS DOCKET ENTRY #7 (Entered: 04/24/2002) 04/26/2002 .8. CORRESPONDENCE SETTING HEARING on 06/11/02 at 03:30 P.M. at Federal Building, Bankruptcy Courtroom [3rd Floor], Third & Walnut Streets, Harrisburg, PA 17101 Re: Item # 7 [Rescheduled], [NF], ORIGINAL NIBS DOCKET ENTRY #8 (Entered: 04/26/2002) 04/26/2002 9 CERTIFICATE of service Re: Item # 5, [DS], ORIGINAL NIBS DOCKET ENTRY #9 (Entered: 04/26/2002) 05/10/2002 10 OBJECTION to Claim #7 of Washington Mutual Bank by Debtor [Disposed], [NF], ORIGINAL NIBS DOCKET ENTRY #10 (Entered: 05/10/2002) https://ecf.pamb.uscourts.gov/cgi-binlDktRpt.pl?44327 4638550399- L _82_0-1 10/20/2003 iW21 '"'- ' ~.1 ~ "~;j~~"W ~ .. , , iL.~LL. , '",""""'--= M",. -~l!!ili!:'.'if' USBC PAM - LIVE - V2.2 - Docket Report Page 3 of6 OS/21/2002 11 ORDER fixing hearing date on 06/24/02 at 10:00 A.M. at Federal Building, Bankruptcy Courtroom [3rd Floor], Third & Walnut Streets, Harrisburg, PA 17101 Re: Item # 10, [NP], ORIGINAL NIBS DOCKET ENTRY #11 (Entered: OS/21/2002) OS/24/2002 12 MOTION for default judgment Re: Item # 4 [Disposed], [NP], ORIGINAL NIBS DOCKET ENTRY #12 (Entered: OS/24/2002) OS/24/2002 13 ORDER granting default judgment Re: Item # 12 [Entered: OS/24/02], [NP] ORDER avoiding lien Re: Item # 4, [NP], ORIGINAL NIBS DOCKET ENTRY #13 (Entered: OS/24/2002) 06/04/2002 14 CERTIFICATE of service Re: Item # 11, [NP], ORIGINAL NIBS DOCKET ENTRY #14 (Entered: 06/04/2002) , 06/07/2002 12 CORRESPONDENCE SETTING RESCHEDULED HEARING WITEl JUDGE JOHN J. THOMAS on 07/22/02 at 10:00 A.M. at Federal Building, Bankruptcy Courtroom [3rd Floor], Third & Walnut Streets, Harrisburg, PA 17101 Re: Item # 7 [Entered: 06/07/02], [NP] This entry cancels the previous due date. Re: Item # 8, [NP], ORIGINAL NIBS DOCKET ENTRY #15 (Entered: 06/07/2002) 06/24/2002 16 PROCEEDING MEMO re hearing not held. Continued to July 22, 2002 at 10:00 a.m. to be heard with the Objection to Plan. Re: Item # 10, [IG], ORIGINAL NIBS DOCKET ENTRY #16 (Entered: 06/24/2002) 07/01/2002 17 CORRESPONDENCE from Attorney for Washington Mutual Bank confirming hearing rescheduled to July 22, 2002 at 10:00 a.m. Re: Item # 10, [NP], ORIGINAL NIBS DOCKET ENTRY #17 (Entered: 07/01/2002) 07/16/2002 18 Praecipe/Withdraw by Debtors Re: Item # 10 [Entered: 07/16/02], [NP] APPROVED by the court. Re: Item # 10, [NP], ORIGINAL NIBS DOCKET ENTRY #18 (Entered: 07/16/2002) 07/22/2002 19 PROCEEDING MEMO re hearing held. Attorney Cusick to withdraw objection within 10 days. Notice ohhis disposition is to be served by: Attorney DeArmond. Re: Item # 7, [JG], ORIGINAL NIBS DOCKET ENTRY #19 (Entered: 07/22/2002) https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?44327 4638550399- L _82_0-1 10/20/2003 '- ~~, ~~I J' , , ,-I " ' '''.'-. .-'.IlI;; .iF USBC PAM - LNE - V2.2 - Docket Report Page 4 of 6 , 08/23/2002 20 PRAECIPE/WITHDRAWAL by Washington Mutual Bank Re: Item # 7, [NP], ORIGINAL NIBS DOCKET ENTRY #20 (Entered: 08/23/2002) 08/29/2002 21 Amendment to Schedulers]: 1. Re: Item # 1, [DP], ORIGINAL NIBS DOCKET ENTRY #21 (Entered: 08/29/2002) 08/29/2002 22 Amended Ch. 13 Plan filed by Debtors [requested proof of service] Re: Item # 1 [Entered: 08/29/02], [NP] This entry disposes of motion. Re: Item # 6, [NP], ORIGINAL NIBS DOCKET ENTRY #22 (Entered: 08/29/2002) 09/09/2002 23 CERTIFICATE OF MAILING RE: NOTICE ON CHAPTER 13 PLAN AMENDMENT due on 09/26/02 Re: Item # 22, [NP], ORIGINAL NIBS DOCKET ENTRY #23 (Entered: 09/09/2002) 10/01/2002 24 ORDER confirming amended plan Re: Item # 22, [NP], ORIGINAL NIBS DOCKET ENTRY #24 (Entered: 10/01/2002) 03/07/2003 25 MOTION TO DISMISS BY TRUSTEE WITH NOTICE SETTING HEARING on 04/10/03 at 02:00 P.M. at Federal Building, Bankruptcy Courtroom [3rd Floor], Third & Walnut Streets, Harrisburg, P A 17101, [NP], ORIGINAL NIBS DOCKET ENTRY #25 (Entered: 03/07/2003) 04/09/2003 26 STIPULATION by Debtors and Trustee is satisfaction of Trustee's Motion to Dismiss Re: Item # 25, [NP], ORIGINAL NIBS DOCKET ENTRY #26 (Entered: 04/09/2003) 04/09/2003 27 APPROVED by the court. Re: Item # 26, [NP], ORIGINAL NIBS DOCKET ENTRY #27 (Entered: 04/09/2003) 06/05/2003 28 Transfer (Assignment) of Claim and waiver of opportunity to object Transfer Agreement 3001 (e) 2 Transferors:Sears(C1aim No.1, Amount 1,052.03) To eCast Settlement Corporation Filed by eCast Settlement Corp. . (petrina, Nadine) (Entered: 06/09/2003) 08/] 1/2003 29 Motion for Relief from Stay with Certficate of Non-Concurrence . Filing fee due in the amount of$ 75.00 Filed by Joshua B Sears of Spear and Hoffman P A on behalf of Washington Mutual Bank . (NP) (Entered: 08/11/2003) 08/11/2003 Receipt of Motion for Relief from Stay Filing Fee. Receipt Number 598515 Fee Amount $ 75 (RE: related document(s)[29]). (NP) (Entered: 08/11/2003) https://ecf.pamb.uscourts.gov/cgi-binlDktRpt.pl ?44327 4638550399- L _82_0-1 10/20/2003 ". .. '~ , ~ 4i t, , , J' ~" -ilij'm';~" USBC PAM - LIVE - V2.2 - Docket Report Page 5 of6 08/11/2003 30 Order (RE: related document(s)[29]). Answers are due on: 8/26/2003. Hearing scheduled for 9/10/2003 at 09:00 AM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (NP) (Entered: 08/11/2003) 08/18/2003 31 Certificate of Service Filed by Joshua B Sears of Spear and Hoffman P A on behalf of Washington Mutual Bank (RE: related document(s)[30], [29] ). (DB) (Entered: 08/18/2003) 08/21/2003 32 Praecipe to Convert (Absolute Right) to Chapter 7 . Trustee Charles J. Dehart removed from the case. A new Trustee will be appointed. Filing fee due in the amount of$ 15.00 Filed by Keith B Dearmond of DeArmond Law Firm on behalf of She ila D Swartz, Wesley A Swartz (RE: related document(s)l). (NP) (Entered: 08/22/2003) 08/21/2003 Receipt of Conversion Fee. Receipt Number 598919 Fee Amount $ 15.00 (RE: related document(s)[32] ). (NP) (Entered: 08/22/2003) 08/21/2003 34 Answer Filed by Keith B Demond of DeArmond Law Firm on behalf of Sheila D Swartz, Wesley A Swartz (RE: related document(s)[29] ). (CA) (Entered: 08/25/2003) 08/25/2003 33 Final Report ofCh. 13 Trustee Filed by Charles J. Dehart III. (NP) (Entered: 08/25/2003) 09/10/2003 35 Proceeding Memo: Hearing held on Motion for Relief from Stay filed by Washington Mutual and Answer of Debtors thereto. Debtors to surrender home. Court signed Order modifying the automatic stay. (RE: related document(s)[30], [34], [29] ). (EW) (Entered: 09/11/2003) 09/12/2003 36 Order Granting Motion for Relief from Stay (RE: related document(s)[29] ). (NP) (Entered: 09/12/2003) 10/15/2003 Tentative Date for Meeting of Creditors. THIS IS SUBJECT TO CHANGE. 11/21/2003 at 09:00 AM. (DB) (Entered: 10/15/2003) https://ecf.pamb.uscourts,gov/cgi-binlDktRpt.pl?44327463 85 50399-L _82_0-1 10/20/2003 I'-~~" I"~ " ~_ -I '~. '-61" USBC PAM - LNE - V2.2 - Docket Report Page 6 of6 , I PACER Service Center I I Transaction Receipt I I 10/2012003 09:37:27 I IpACERLogin: IIfp0039 IIClient Code: I IDescription: IIDocket Report IICase Number: 111:02-bk-00948-MDF I IBillable Pages: 113 IICost: 110.21 I https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?44327 463 8550399-L _82_0-1 10120/2003 WASHINGTON MUTUAL BANK, FA SIlII BANK UNITED, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW WESLEY A. SWARTZ SHIELA D. SWARTZ, Defendants NO. 01-1906 CIVIL TERM ORDER OF COURT AND NOW, this 29h day of June, 2001, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is ordered and directed that Plaintiff may obtain service of the complaint on the above-captioned Defendants, Wesley A. Swartz and ShielaD. Swartz, by (1) mailing a true and correct copy of the complaint by certified mail and regular mail to Defendants' last known address and the mortgaged premises at 183 Zion Road, Newburg, P A 17240, (2) publication once in the Cumberland Law Journal and in a newspaper of general circulation in Cumberland County, Pennsylvania, and (3) posting upon the mortgaged premises. BY THE COURT, d;~ . esley Oler, Mi~e M. Bradford, Esq. t:-16i7J~hn F. Kennedy Blvd. SUite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff ~.-" AFFIDAVIT OF SERVICE ~ PLAINTIFF WASHINGTON MUTUAL BANK, F.A., SIIII TO BANK UNITED CUMBERLAND COUNTY No, GD 2001-01906 DEFENDANT (S) WESLEY A. SWARTZ SHIELA D. SWARTZ Type of Aetion - Notice of Sheriff's Sale SERVE AT 183 ZION ROAD NEW BURG, P A 17240 **Please post the Property with the Notice of Sale** Sale Date: MARCH 3, 2004 Served and made known to SERVED lA.ks l..t A, S\.U'lr1<.~;z, , Defendant, on the ! 0 Ii.. day S:.14- ,o'clock~.m., at /83 ;Z:,'orv RJ. / Ne w bo~ of nec..""fo""" 200t, at Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. 17 ~n officer of said Defeljldant(s)'s company. )( Other: ~~ e. ~ O\,) {>/l:Oo.l~ ~Oc> It, Description: Age _ Height _ Weight _ Race Sex Other I, cl,;)". "'~e.. L.,. C1.t tr / ~ a competent adult, being duly sworn according to law, depose and state that I personally posted a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address . Sworn to and subscribed before me this ~ day of Oec"IlI\\.", 200.2. Notary~ ~~ BY:~ct NOT SERVED NOTARIAl. SEAl LUCIlLE H. CAR'!Y. Nofary PublIc OWnship. Franfd'ln CounlY &piris Nov. 10, 'JtJJ1 i, , ;: ~; , ***ATTEMPT SERVICE NLT THREE (3) TIMES*** On the day of FOUND because: ,200_, at o'clock _.m., Defendant NOT~ Moved Unknown No Answer Vacant Other: I st attempt Date & Time ,2nd attempt Date & Time , 3rd attempt Date & Time Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Loan #6162995978 Attornev for Plaintiff Frank Federman, Esquire - I.D, No. 12248 One Penn Center at Suburban Station- Suite 1400 Philadelphia, PA 19103 (215) 563-7000 ~ ~ -, ' , "~'-~~~IIllim:~ AFFIDAVIT OF SERVICE ~ PLAINTIFF WASHINGTON MUTUAL BANK, F.A., S/I/I TO BANK UNITED CUMBERLAND COUNTY No. GD 2001-01906 DEFENDANT (S) WESLEY A. SWARTZ SHIELA D. SWARTZ Type of Action - Notice of Sheriff's Sale SERVE AT 183 ZION ROAD NEWBURG, PA 17240 **Please post the Property with the Notice of Sale** Sale Date: MARCH 3, 2004 SERVED Served and made known to 5h ie/a.. 'f\. 5' '-"a<<. ~ , Defendant, on the of-'i)ec.e.....ht";200.1. atJT3f ' o'clockf.m., at /83 .z.:/?t-J ~c:t,.' Commonwealth of Pennsylvania, in the manner described below: It? r:f!..' day fJe W bv It, Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. ~ --Me tOffiCer of said Defendant(s)'s company. -A-Other: .\. OJ..) V"ONJ chot<, Description: Age _ Height _ Weight _ Race _ Sex _ Other !, d>^ t->c.e... L, C9ov"tr . -r;: , a competent adult, being duly sworn according to law, depose and state that ! personally posted a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indi Sworn to and subscribed be~ me t --!/!!!- day of C~\III ...., 200~. Notary:c:~k- ~:~ By: NOT.A..'::IALSEAL tU""""' ,', "'.,..,. ~ \.~L;.....t: t' ~J:'"; ';-, r..'~~"":1' p!':'>-II'c L 0",) _...,~_ ~;..' "_.,' ,," .-;_,-...c.;:.'_r'. ~,~ S~~...;i'(\;'i',,' IU";,:-:_ - li>of'-_"~:'::"'Go~ ' My Co. ! lor; E~;;;a 'rJiiitio, 2007 ***ATTEMPT SERVICE NLT THREE (3) TIMES*** On the day of FOUND because: ,200_, at o'clock _.m., Defendant NOT Moved Unknown No Answer Vacant Other: I st attempt Date & Time ,2nd attempt Date & Time , 3rd attempt Date & Time Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Loan #6162995978 Attornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station- Suite 1400 Philadelphia, PA 19103 (215) 563-7000 . l!ll1il1~lllllllillldlIDlllllMIilllll;iJ>iO<Ilolot.!lll.II~I,lutiil,,,;I."JW.~,J.J.,iJiilliiillilflo:... ..... -'-~- . '='. ','>':' 'W,;",' ._~.:=._",_,.~,_"",_"" "L, c_,,,_,_,:; ';-:,ll"'^-'"-->~-,,~ -;."""..-- <~~:0-",'>~;,~,h;~" _._',._' ,_, "' ",.;.c,","".~, PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland. Rich Canazaro, Internet Director of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication 1'l0TICE OF ACTION IN MORJ.GAGEFORECLOSURE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW 'NO.OH906 : WASHINGTON MUTUAL BANK, FA, SIIII TO BANK UNITED, PLAINTIFF VS, , WESLEY A. SWARTZ and SHIELA' D. SWARTZ, DEFENOANTS NOTICE "TO: WESLEY A. SWARTZ and SHIELA 0, SWARTZ "NOTICE OF SHERIFF'S SALE OF REAL PROPERTY" , , :'\T AKE NOTICE that the real estate located at 183 ZION ROAD, NEWBURG, PA 17240 is schedulE!d to be sol!1 at Sheriffs Sale on'WEDNESDAY, MARCH 3. 2001 AT 1 O:OQ-A.M. in the Cumberland County,C0ur1h~e, South Hanover Street, C!,\rlisle, PA 17013 to ",porce the court judgement of $179,474.75, obtaine~oy, K WASHINGTON MUTUAL BANK. FA. SIIMO BAN UNITED. AS ATTORNEY IN FACT (the ""rtgagee), Prop. sit. in the Hop~well Townshi-1, Cumberland County, Pennsylvania Being Premises: 183 ZIO'N ROAD, NEWBURG, PA 17240 Improvements consist of residential p.roperty. Sold as~he property of WESLEY A. SWARTZ ANa SHIELA 0, SWARTZ Terms of Sale: As the auctioneer knock; down a property to a successful bidder, ten (10 Yo.) / percent of the purchase price or .aU costs, "whichever is higher, shall be delivered to the Sheriff and, upon defau,lt.of such payment, the Sheriff shall direct the'auctioneer to resell the property. In all cases, the balance at t~ successful bid shall be paid to the Shenff not later than Friday, MARCH, 19,2003 at 1.2:00 ~ .M.? prevailing time. Otherwise, all mOnies paid Will be forleited and the property will be re-sol~.on . MARCH 24 2003 at 10,:00 A.M., prevallmgtlme in the OffiC~ of the Sheriff. ,- TAKE NOTICE that a Schedule of Distribution, wH,1 be, 'filed by the Sheriff, on A_PRI~ ,2,2003 and,dlstnbutlon will be made in accordance With the schedule unless expectations are filed thereto within ten (10) days thereafter. Frank Federman, Esquire Suite 1400;-One Penn Center Ii!' 1617 John F. KennedyBoulevard Philadelphia, PA 19103-'1814 ", ,., O ~". , ,(215) 5637700 ,-, _:;:\ rt.- ~ 1m, Attorney for P,laintiff 11'1 _ i,i December 17, 2003 Affiant further deposes that he is not interested in the subject matter of the aforesaid notice or l advertisement, and that all allegations in the foregoing statement to time, place and character of publicatio r r December 18, 2003 Sworn to and subscribed before me this day of ~mber, 2003 18TH otary Public My commission E1Xpires:i~OTARIAL SEAL I I Ai'FW_ D, SHEAFFEI~, Notary Public I' Carlisle, Cumberland County ,~~:,Ay_ _~~,:(lmission Expires April 23, 2006 ,-- - I , ' , I ~,-";....!.."-', ' '-l.~ ....,. . , PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.l784 STATEOFPENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official,legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz December 19, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. TO AND SUBSCRIBED before me this day of DECEMBER. 2003 L SEAL LOIS E. SNYDER, Notary public Carlisle 8010, Cumberland County My Commission Expires March 5, 2005 . . . '. " , . .1'. . ~, ,. .'" ~<..bj;1,o . - " .'- "-0" CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECWSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 01-1906 WASHINGTON MUTUAL BANK. FA SIIII TO BANK UNITED, PLANTIFF vs. WESLEY A SWARTZ and SHEILA D. SWARTZ, DEFENDANTS NOTICE TO: WESLEY A SWARTZ and SHIELA D. SWARTZ NOTICE OF SHERIFFS SALE OF REAL PROPERTY TAKE NOTICE that the real es- tate located at: 183 ZION ROAD, NEWBURG. PA 17240 is scheduled to be sold at Sheriffs Sale on WEDNESDAY, MARCH 3. 2003 AT 10:00 A.M. in the Cumberland County Courthouse, South Hanover Street, Carlisle. FA 17013 to en- force the court judgment of 179,474.75, ohtained by WASHING- TON MUTUAL BANK, FA, SIIII TO BANK UNITED, AS ATTORNEY IN FACT (the mortgagee). Prop. sit. in the Hopewell Town- ship, Cumberland County, Pennsyl- vania. Being Premises: 183 ZION ROAD, NEWBURG. PA 17240. Improvements consist of residen- tial property. Sold as the property of WESLEY A SWARTZ AND SHIELA D. SWARTZ. Terms of Sale: As the auctioneer knocks down a property to a suc- cessful bidder. ten (10%) per cent of the purchase price or all costs. whichever is higher, shall be deliv- ered to the Sheriff and, upon de- fault of such payment. the Sheriff shall direct the auctioneer to resell the property. In all cases. the bal- ance of the successful bid shall be paid to the Sheriff not later than Fri- day, MARCH 19, 2003 at 12:00 P.M.. prevailing time. Otherwise, all monies paid will be forfeited and the property will be re-sold on MARCH 24, 2003 at 10:00 A.M.. prevailing time in the Office of the Sheriff. TAKE NOTICE that a Schedule of Distribution will be fIled hy the Sheriff on APRIL 2, 2003 and dis- tribution will be made in accordance with the schedule unless expecta- tions are filed thereto within ten (10) days thereafter. FRANK FEDERMAN. ESQUIRE Attorney for Plaintiff Sulte 1400 One Penn Center 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Dec. 19 3 ~d_i!t!!ll!1~~w1l~~illi&lim<l!l:ill!"'-"'!.,,,,",,-,,,lii0J.-,,,,,-";,d;,,,,-,;i~,!>,<~1',*-~1",N',,,'W,~'t\'~~;/!I!IfHiIllI'idliiE' ~-~~.~, 10- [1!\.LJ. _~_,.~,,~,,",,_~~"~.<~~.~ _~_~" ~ "~ I,~" .,~ ~~ " .. -, . ~- "- ~ , N Q ~~ ?]> 1<: ~-~~-~ ';p" L~: -;7 ~ ....( " .l'-''''''' .r , .-~ --'-" lJLllinl' ~"-~ '" ,~ , '--, " .' , ,.., = :2' o -n -< -r: -~. fn--'-; r; -on, :00 96 -r"-'-, ~f:~ ,,-l ..~~ .J;J -< <- ;s.":;l\o Z I u:> -0 _;if.. N w 1m " I,. _.k ~ c '!C' I "J" I", _ ~' ,_ >'_ 'u_ .~"".;:;,_ ... , FEDERMAN AND PHELAN BY: FRANKFEDERMAN IDENTIFICATION NO. 12248 SUITE 1400 - ONE PENN CENTER PHILADELPHIA, PA 19103 215) 563-7000 ATTORNEY FORPLAThITIFF CUMBERLAND COUNTY WASHINGTON MUTUAL BANK, FA, S/I/I TO BANK UNITED vs. COURT OF COMMON PLEAS CIVIL DMSION WESLEY A. SWARTZ SHIELAD. SWARTZ NO. 2001-01906 VFRTFTrATTON I hereby certify that a true and correct copy of the Notice of Sheriffs Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to the following person(s) WESLEY A. SWARTZ and SHIELA D. SWARTZ on OrTORFR 71 7001 at 183 ZION ROAD, NEW BURG, PA 17240, in accordance with the Order of Court dated, TITNF 79, 200.1. The undersigned understands that this statement is made subject to the penalties of 18 PA. C.S. s4904 relating to unsworn falsificaton to authorities. ~~ ATTORNEY FOR PLAINTIFF DATE: January 7,2004 ~. , '" I~, .' '0 _, '.;, ." ~ - -- , .~~tJ:!1 _ II il il II jj II 'I :1 II II I, !i II 11 :1 II II Ii Ii " II !j Ii 'I h I' jj E Ii i ;1 ;,1 !i 'I ,I j' :1 il II II I Ii l /.>'" , . I " WASHINGTON MUTUAL BANK, FA S/III BANK UNITED, Plaintiff IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -.LAW WESLEY A. SWARTZ SHIELA D. SWARTZ, Defendants ) NO. 01-1906 CIVIL TERM ORDER OF COURT AND NOW, this 29h day of June, 2001, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is ordered and directed that Plaintiff may obtain service of the complaint on the above-captioned Defendants, Wesley A. Swartz and ShielaD, Swartz, by (1) mailing it true and correct copy of the complaint by certified'mail and regular mail to Defendants' last known address and the mortgaged premises at 183 Zion Road, Newburg, P A 17240, (2) publication once in the Cumberland Law Journal and in a newspaper of general circulation in Cumberland County, Pennsylvania, and (3) posting upon the mortgaged premises. BY TIlE COURT, Mi.elfule M. Bradford, Esq, ?1617-J~hn F. Kennedy Blvd. Suite! 400 , Philadelphia, PA 19103-1814 Attorney for Plaintiff d/~ esley Oler, 0) 71100 3om1 'l41t1t 1t];.:!1 2II11b I TO: i I I J i I i I I I I WESLEY A. SWARTZ 183 ZION-ROAD . NEWBURG, PA 17240 SENDER: REFERENCE: TEAM 2 SPL PS Form 3800 June 2000 RETURN Postage RECEiPT Certified Fee SERVICE Relurn Receipt Fee Restricted Delivery Total Postage & Fees I J I I I I i I 1 No Insurance COVerage provided I 00 Not Use for Intematlonal Malt l..........__...__....:............... ....... US Postal Service Receipt for Certified Mail r I i I i TO: I I i I L~ ~ _1 I -'.'." ;"-'j,,-. '1i!I _H__ "___, _, _.. 71'-0 3'f01'i811~ '11121. i4~n Certified Fee Retum Receipt Fee Restricted De1ivery TOIaI Postage & Fe.. I I US Postal Servlc& i Rece'pt for I Certlf'ed Mall ......'.-->-.",'< SHIELAD,SWARTZ 183 ZION ROAD_ NEWBURG, PA 17240 SENDER: REFERENCE: TEAM 2 SPL I I I I I PS Form;!llOo June 2QOO , RETURN Posta e RECEIPT SERVICE ~" ~ " '-'f , i.I11M"~~~I_;j\;t,f!t'~:ililI!J!~;,jW~Jj&ll~M"""'fiJ"';-;~l;.li;,1t'''t!>,~U''j;!b'~''~~i1!~~-'""'.....~>.~'""""._~~~ ~) ..,,,,,~,.,, " -,< .,"~.~. , w" ,''''';'' ~''''''''~k '~- (') ..., = 0 C = "TI '2' .r- -0[5 <- --< 9g "'" :;[ ,l ;:c fliF ~,,:-r r-- I -om (iJ:J,~ -09 "-,,,,- ~ O. r-r ---to ~[} -0 :L11 o"T1 :Jl: ~n )"c N om -.-1 ,- )=>> =< :Xl W "'" . - -< -" ~l , t-I ,,'-., "' .:" "-'-'f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, FA, ) CIVIL ACTION SIIII TO BANK UNITED ) vs. WESLEY A. SWARTZ SHIELA D. SWARTZ ) CIVIL DIVISION ) NO. 2001-01906 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for WASHINGTON MUTUAL BANK. F.A" S/I/I TO BANK UNITED hereby verify that on October 21, 2003 true and COffect copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: Januarv 26.2004 ~o )/)t-~p~1J11n RANK FEDERMAN, ESQUIRE Attorney for Plaintiff ... -""'iiiI8iIIll ijj,~ ::E~ t" g s - ~ - - ~ - S " - '" W N ~ 0 '" 00 --l '" '" ... W N - . Z " . t::J: "3 " a ~" ",' )> ~ So W ;:l. , (i' ~ q '" Z <: 3 IT <1l ... "'" ~ (l ~ (l tI z " 0 KE- rn q 0 0 ~ ~ Z Ul i:;j s:: s:: ~~ t" :>- So ~ Z z s:: tT1 > ""~ ':i ~ Ul ~ ~ 0 ;>- ~ ::l [ ~ ~ 0 (l ~~ Ul (l (l Gi " - 0 S; tT1 ." o " ~ ~ " . :>- ~ t" t" t" ~ Z >-I :>- ~ >-I .- :I: . ,(l ~ = N 0 ~ ~ "" ~ . '" ~ --l ~ ." 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'1llIiIij"'--" '[J;'-J "-"" ,~ o>~ ....,~., "'~8 " ... " = ~ ~ ~"'= !!l Co ;q~~t2 ;. ':i (l) \j o.",,"Ctn ,g.g.~~ P.;nQ~ "C?"ia~ >"" ~S;;; 'D,,~ ......O"w""d 0,< " :Ii ~ttli::r'_ __ 0 C l~J OOc&l< -~o. >- .f:>.~OZ "'=' ~ r/J'" f'O "1 ..... ~ S" p.. ;. t-< ... 0 "C ~CIJ~ ~ 5. ~ Ft .g'; " 0 ., 0 ~/\.~:) " f,~M~l'ilJ~;JWi!!o,""kit"e!O'''',;J<<,j)f_C<",iii!l~~~&%,l;-;'''''lli''~:h_~''''~''l,-,_",~,,,~,,-,y.";'''-''';;"';l,~,.~,,,",,'~~,,,,,"m,~W!O~~Q~S~';o _f ~~~_, ~ =,~_'m I, .-~ n .,',<~~' "H. >,-c" ~ ,n_, , ~ "-J'illW"l -~. :;,-~ '- (') ,.., ~ <=> d ""'" ..... '- ~::D -, .' ~ /TI ,';:I:' ~~ ',,~ N (XI ;,.::: -0 ;8 :x 5~ ~ ~ ~ =< 0 0 -< I i,1 ,,-,1- ." , .'-'"" "":'-i~, , FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Snburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 W ASmNGTON MUTUAL BANK, F.A., S/III TO BANK UNITED 3200 SOUTHWEST FREEWAY HOUSTON, TX 77027 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. : NO. 01-1906 WESLEY A. SWARTZ SHIELA D. SWARTZ 183 ZION ROAD NEW BURG, P A 17240 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiff and against WESLEY A. SWARTZ and SHIELA D. SWARTZ, Defendant(s), for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest 3/1101 to 9/25/01 TOTAL $170,983.08 $8.491.67 $179,474.75 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rule 237.1, copy attached. ~ :J-/4~ F FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSFSSED AS INDICATED. ~ DATE: 0_ I -,/ ~ -6/ (!/1,,? t;, ) ~. ~ PROPROT "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TIllS DEBT WAS NOT REAFFIRMED, TillS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. .. ...,; -j ~ (\ t-,~ ~.'. , ',,'. ''''''''~< '-"~ ~" ~~."~, I~" I I , L~i 1": ""';H , FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS WASHINGTON MUTUAL BANK, F .A. , S/I/I TO BANK UNITED CIVIL DIVISION Plaintiff CUMBERLAND COUNTY vs. NO.01-1906 CIVIL WESLEY A. SWARTZ SHIELA D. SWARTZ Defendant f\LE COP~ TO: SHIELA D. SWARTZ 183 'ZION ROAD NEW BURG,PA 17240 DATE OF NOTICE: SEPTEMBER 14.2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman,Esquire Attorney for Plaintiff ~.~~..""-. i./.. 1 ",.- -~:- . FEDERMAN AND PHELAN, L.L.P. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS WASHINGTON MUTUAL BANK, F .A., S/I/I TO BANK UNITED CIVIL DIVISION Plaintiff CUMBERLAND COUNTY vs. NO. 01-1906 CIVIL WESLEY A. SWARTZ SHIELA D. SWARTZ Defendant(s) TO: WESLEY A. SWARTZ 183 ZION ROAD NEW BURG,PA 17240 filE COPY DATE OF NOTICE: SEPTEMBER 14.2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff "~,~~" < L_o L ,,,.I- " ~ _ c, _c,'_" " aJ.'jjj,j . FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103.1814 (215) 563-7000 Attorney for Plaintiff WASHINGTON MUTUAL BANK, F.A., S/III TO BANK UNITED : CUMBERLAND COUNTY : Court of Common Pleas Plaintiff : CIVIL DIVISION 'fs. : NO. 01-1906 WESLEY A. SWARTZ SHIELA D. SWARTZ Defendant(s) VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended (b) that defendant WESLEY A. SWARTZ is over 18 years of age and WHEREABOUTS UNKNOWN. (c) that defendant SHIELA D. SWARTZ is over 18 years of age, and WHEREABOUTS UNKNOWN. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~ )-dk~ F FEDERMAN Attorney for Plaintiff ",,"---, ~ I ~~ 1'_',<.,.[-, L' , -'";, , (Rule of Civil Procedure No. 236 - Revised) W ASIDNGTON MUTUAL BANK, FA, S/III TO BANK UNITED : CUMBERLAND COUNTY : Court of Common Pleas Plaintiff : CIVIL DIVISION vs. : NO. 01-1906 WESLEY A. SWARTZ SHlELA D. SWARTZ Defendant(s) Notice is given that a Judgment in the above captioned matter has been entered against you on SEPTEMBER :2/.... ,2001. ~ do/}' (J .2,7?JM....Y. {DEpUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN. ESOUIRE Attorney for Filing Party One Penn Center at Snburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR TllATPURPOSE. IFYOUHAVEPREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. " , ~~h_if'cllftll.ndll/Jili;'k",,~~,"~~~JiIl~.'!cijf.klii.1i<".0.'~"'"~""'''Y<J';''i..diil'~"~'~~.@}~~_"._",..lIlIIi\ilt. I .~" 1 '-'~ilIllili "' ....l .t$1II , 0 C' C) [ ./4. c -~ I IV 0 <- (n I ...() -DC;:: (11 11=- 1- . 1i'lfT ~"":J \) 2:I ---,- ~ ~i~~ '" (5"1 ~ ()e -<-~!;- ~l:-.; "'D ...... - 2:-~i'" ;:-'-~ j '- ~ -U ~~ f'- ~ e.. t ~ ::::! :..l1 :0 ~ ..0 ,)') -< ~~ --.. --( .~ , , "' '~"r~~,' MAR 2 2 2004 ~ 0 I FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Washington Mutual Bank, F.A. S/I/I To Bank United CUMBERLAND COUNTY COURT OF COMMON PLEAS VB. Wesley A. Swartz Shiela D. Swartz CIVIL DIVISION NO. 01-1906 CIVIL PRAECIPE FOR RULE TO SHOW CAUSE TO THE PROTHONOTARY: Kindly enter a Rule upon Wesley A. Swartz Shiela D. Swartz, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. F~AND_~~' L.L.P. By ~---...... "- Daniel G. Schmieg, Esquire Attorney for Plaintiff ":rifbi3i ii!:ilM ai..J";i!IWi~~~~~~...~[,1mJ;1.,;l1iID.1~1<'J,;Jl.oo~'~'-'-'"-~~~~~iiilllillillll' J_ lIitYIj- I . Vf,i'\iVIO '''' . /J.!vnn.~ 'n'r:'J/YN~]d "" ,J ',-+', <it"'1,J.r::\~-::rj;f() "-""J!I~{ 10 8G :, Wd Q JC (lVU 10fl[ ~1j'Vl0N0J.1.l0& u 301::1.io-0$7f]J. .to 0~L_ 1- ..... 'A ,-,~ - ~,~~ .. .. - 01.."",. r~- . .1 ' "0'.. I, .t4': """,~' FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. NO. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Washington Mutual Bank, F.A. SIIII To Bank United CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. Wesley A. Swartz Shiela D. Swartz CIVIL DIVISION NO. 01-1906 CIVIL RULE AND NOW, this ~ft.day of rlIl V 6l 2004, a Rule is entered upon Wesley P". Swartz Shiela D. Swartz, Defendant (s) to show cause why the attached Order for Reassessment of Damages should not be RULE RETURNABLE thlb JQ.J sf J 7'1.$ J S<!.J v t.C::~ . BY THE COURT: entered. -tI 2881. V:;clL",..; ~o ) J. ill 11 ,'I ',< ~ ~1~ ~~-" r' 'R'" ,_ " , '''"~ ,,=~.."~ .,",^" ""'~'~-, ",-~",_~,"-":>'=~"'-"'--""""^' .~"< ~ .''''''1''''' hl~i 1'1 PrJho(\Jl-\ry S~[)k._(J I ~'i'I!j "jW\lllI~ ~~ e__~,M""",,!<,~~ir,1I$iIl11lfl'l'#Wi"'1\"t;"''''''':~\W!'';';~~'>W~Cl0~'\'''W!l;l1!&r>!!l~!l!~~Ii~~~~_~~'_~, <~ " I ~, I ',-" .~t$?' I iltl~w~ FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Washington Mutual Bank, F.A. S/I/I To Bank United CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. Wesley A. Swartz Shiela D. Swartz CIVIL DIVISION NO. 01-1906 CIVIL ORDER AND NOW, this day of , 2004 f the Prothonotary is ORDERED to reassess the damages in this case as follows: Principal Balance Interest Amount July 1, 2000 through May 5, 2004 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit 154,765.17 39,396.85 5,095.28 1,500.00 3,420.91 789.09 199.95 410.00 TOTAL 0.00 2,238.64 $207,814.89 Plus interest per diem from May 5, 2004 through Date of Sale at six (6%) percent. NOTE: THE ABOVE FIGURE IS NOT A PAY OFF - SHERIFF'S SALE COSTS AND COMMISSION ARE NOT INCLUDED IN THE ABOVE FIGURES. BY THE COURT: J. ,,-- -.1,' -., - .,'. '~ -"- FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Washington Mutual Bank, F.A. S/I/I To Bank United CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. Wesley A. Swartz Shiela D. Swartz CIVIL DIVISION NO. 01-1906 CIVIL AFFIDAVIT OF SERVICE Daniel G. Schmieg, Esquire, hereby certifies that a copy of Plaintiff's petition for Reassessment of Damages have been sent to the individuals indicated below on March 10, 2004. Wesley A. Swartz Shiela D. Swartz 183 Zion Road, New Burg, PA 17240 DATE: March 10, 2004 B aniel G. Schmieg, Esquire Attorney for Plaintiff ~,:i i.-' ~_ I , ~ ' " t'~ ,<" .>" , ;,,: FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Washington Mutual Bank, F.A. S/I/I To Bank United CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. Wesley A. Swartz Shiela D. Swartz CIVIL DIVISION NO. 01-1906 CIVIL PLAINTIFF'S PETITION FOR REASSESSMENT OF DAMAGES Plaintiff, by its Attorney, Federman and Phelan, LLP and Daniel G. Schmieg, Esquire, moves the Court to direct the Prothonotary to reassess the damages in this matter, and in support thereof avers the following: 1. This is an action in Mortgage Foreclosure in which Judgment was entered September 26, 2001 in the amount of 179,474.75. 2. A Sheriff's Sale of the mortgaged premises was postponed or stayed for the following reasons: The Defendant(s) filed a Chapter 13 Bankruptcy 02- 00948-RJW on February 22, 2002. The relief by order of court dated September 12, 2003. 3. The mortgaged premises are listed for Sheriff's Sale on May 5, 2004. 4. Additional sums have been incurred or expended on Defendant(s) r behalf during the time the sale was postponed or stayed, and Defendant(s) have been given credit for any payments that have been made since the judgment, if any. As a result, the amount of damages should now read as follows: '" __I..,. --Ji.;J\ Principal Balance Interest Amount July 1, 2000 through May 5, 2004 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit 154,765.17 39,396.85 5,095.28 1,500.00 3,420.91 789.09 199.95 410.00 0.00 2,238.64 TOTAL $207,814.89 5. Under the terms of the mortgage, which mortgage is recorded in the Office of the Recorder of Deeds in Book (#1497), Page (#204), Plaintiff is entitled to judgement in the amount as set forth in paragraph four herein against the Defendant(s). WHEREFORE, Plaintiff respectfully requests this Honorable Court issue an Order to the Prothonotary to reassess the damages as set forth above. .~ AND ~' L.L.P. By. _ Daniel G. Schmieg, Esquire Attorney for Plaintiff - -2- CL -" - ~. ct,,,,-",, -Li.aI~llK~lT~~' FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Washington Mutual Bank, F.A. S/I/I To Bank United CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. Wesley A. Swartz Shiela D. Swartz CIVIL DIVISION NO. 01-1906 CIVIL BRIEF OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Plaintiff and Defendant (s) entered into a Promissory Note and Mortgage Agreement, wherein Defendant (s) agreed to pay Plaintiff principal, interest, late charges, real estate taxes, hazard insurance premiums and mortgage insurance premiums as said monies became due. In turn, Plaintiff I s Note was secured by a mortgage on the subject premises. The Mortgage Agreement indicates that in the event Defendant(s) defaults, Plaintiff may pay any necessary obligations in order to protect its collateral, the subject premises. In the case sub ludicia, Defendant (s) failed to abide by the Mortgage Agreement by failing to tender numerous, promised monthly mortgage payments. Accordingly, after Plaintiff determined that Defendant (s) were not going to cure the default and bring the loan current, Plaintiff commenced a Mortgage Foreclosure Action. Judgment was subsequently entered by the Court, and the subject property is scheduled for Sheriff's Sale. Because of the excessive period of time between the initiation of the Mortgage Foreclosure Action, the entry of Judgment and the Sheriff's Sale date, damages as previously assessed by the Court are outdated and must be increased to include current interest, real estate taxes, insurance premiums, and other expenses which Plaintiff has been obligated to pay under the Mortgage Agreement in order to protect its interest. II. ARGUMENT FOR REASSESSMENT OF DAMAGES The Pennsylvania Rules of civil Procedure are silent with respect to the issue of Reassessment of Damages i however, Rule 1037 provides, lithe Prothonotary shall assess damages for the amount which Plaintiff is entitled if ~ J_. ",' I" -,-" >,' ,";,'-. I-~-liiti.[ik' it is a sum certain or which can be made certain by computation... II In the instant case, the amount to which Plaintiff is entitled is readily calculated by review of the Mortgage Agreement, which is of record, together with the Complaint which specifically lists the items chargeable. Clearly, if Rule 1037 gives the Prothonotary the right to assess damages for the amount to which Plaintiff is entitled as set forth in the Complaint, the Court has similar power to reassess damages at a later date. In addition, Rule 1037(a) provides that the Court, on motion of a party, may enter an appropriate judgment against a party upon default or admission. If the Court has the power to enter judgment, it certainly has the power to do a lesser act, to wit, reassess damages. It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments Sec. 191. See also, Stephenson v. Butts, 187 Pa.Super 55, 59, 142 A.2d 319, 321 (1958); Chase Home Mortqaqe Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super 1988) . In Chase Home Mortqaqe, the Court stated that where a judgment has been assessed following defendant's failure to file a responsive pleading in a mortgage foreclosure action, a mortgagee ".. . could properly move the court to amend the judgment to add additional sums due by virtue if the mortgage's failure to comply with the terms of the mortgage agreement..." Id. at 24. Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. See Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971) . Plaintiff submits that if Plaintiff went to sale without reassessing damages, and if there was competitive bidding for the subject premises, Plaintiff would suffer irreparable harm in that it would not be able to recoup monies it paid to protect its interest. Conversely, a reassessment of damages will not be detrimental whatsoever to Defendant (s) as it imputes no personal liability. The Supreme Court of Pennsylvania found in the Landau V. Western Pa. Nat. Bank case that the debt owed on a mortgage ~ . ' '" . ~',", - ,~ "'~ "c:' changes and can be expected to change from day to day, because Western Pennsylvania must pay expenses for the property in order to protect its collateral. 445 Pa. 117, 282 A.2d 335 (1971). Because a mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. See Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Therefore, Plaintiff respectfully submits that if the enforcement of its rights are delayed by legal proceedings and enforcement of its judgment, and such delays require the mortgagee to expend additional sums pursuant to the Mortgage, then said expenses become part of the mortgagee's lien and should be included in said judgment. As the Court indicated in FNMA v. Jefferson, an unreported case a copy of which is attached hereto, since the charges enumerated in Plaintiff I s Motion for Reassessment of Damages were incurred pursuant to the Mortgage Agreement, and the mortgage had not yet been paid, said charges should be included in Plaintiff's judgment amount. May Term, 1986, No. 2359 (CCP PHlLA. 1986). III. CONCLUSION Plaintiff respectfully requests this Honorable Court grant its Petition to Reassess Damages. Plaintiff respectfully submits that it has acted in good faith in maintaining the property in accordance with the Mortgage, and in reliance on said instrument with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests this Honorable Court to reassess the damages as set forth in the petition to Reassess Damages. ~ AND ~ L.L.P. By _ Daniel G. Schmieg, Esquire Attorney for Plaintiff - .' , . ..' ... .-- ~ " L'" 'It"' :...:..........~~L=.: :-.:.~ -, 1 ~:.Il _-Z- " ..;/ . /.J-';3/~ . ",,'F~~AL' NA"!IO~A!:. ASSOCI}I.-:ION .,,- ..n-.' 1-1CR~~I~G:; 'COUR"? '0= :CCt'l_~N 'PL.E1\S ?ff~~~~EL?ll!A C09nTY C~~TTRl~ OIvisION , , -, . :.,,,.. .:v:s.... . .....: ~~~~lt4:i;~~:!. . ~~:} ~-~f~. : "!.~3:.~.,.-.i"9.8'1:: 2]5~ HAY NO, :;,,;r_ ., _I'O'Ji! . -- I I I t l/lao, I QR~~ AND O~rNIOU '-: .. ,.~.gz~$'i:-. ~;j._~ .' '. , .~. !. rea . "}' day of AND if~ ,t..'1 is . ., uPdn':An~_i~r~~ion o~ ~l"n-'f:~ .""--"~- - -:.---. -... -- --. -, :2Ce=ai Nc;t.ional i1o=t;qaq~ . ~S'oc1:at;ion'5 Petiti.on f:)r, Reconsi..1era!:ion ,Nunc ,?= T'..1.I1c.(~i tl1i~,Cpui't's; a!:<!er 0= ~ova~e= 7, 1~,8S a.,d 6e l'.Jls"e= ::hc.rGtQ .'dl'-.bef.gn~~~S'8' .Jose'ph Jefie=san a;i1d :.lc'sie ';ef'fe='S'Q~, :it: is hetef:rr '()~.DE3ro a!ldD:::(3-=--=-n a~' !Qll~'J' I ,.!J Said g~~-tiOii is 'GRAN'!':::!:!: ;\'r' .-'. T ,', ,.~\.O." ' , ' "'2).;...~~~.a;h:t:'s ode!:' 'cif tl'ovembe:- 7 ,1.9aS 1:;,' '. ~.." c;sf!..'_ - s.::/.... --- ':.:" ?e~~e"s.~'en't."-; p~-....~r"'!....-s L','S 4~ZD and-_.lal..ncl.f'~~~ fi!O,~~o{t\"".:::or n _....~ _.... ..., ~~,-..o; " - (".... - . ~~..~~ , '.. - t..~'~~ .1." ~ .,\"\.#-~ ~:\\~... ;.." 1;0,'(,,- . . . :-<.'!.. ' J) Jtt.::e.~cn t is h."retiy lne rca;;~d ~o S Q I 14']. H . -. " GRANT!:D; --. 'ae.ci!:U$c -:P.l_.!1in~i=f 'Was requirec tt;) ac:=cpt Ctp::~~.t mor~~ge 9~yme!1t:S uport t..lt~ f.iJ,ins or ~oefendanti. ~anS~9t<:y . ,- . ~t,1;;~ci1:)n4.in factdic! so, i,tisriec~ssaty ,::0 reassess !:h~.a#ilirit 'Q:! daAige.s' t:ha~ initial!.y ve=e ",S:s~sscd aft~r, I ~ '. I ! jud~nt.hydefault ...as' entered L, this act!.on.,. Becat;s~ Oefetie-ants have not' re=uted t:.'>:e spe-alli::: "'::lcunts claimeQ, '. - 1 - .... .. , .'.-- ,-",,-,-,'6.,.c ":-i -;"" ; - - :;;. ,,; i , '. : 1 'I. .~-~ , r~ I -, , ..........- ,'. \ . "J . ',- ." ~ , -~...., ,- , ~J" ,~ ~" L ;~ <by" ?Ja.i.tt~!..!f' "iit "the' L~3~n.1; MQ't-ion, r6.t lte:~ssess~ht,. "~'l.:rs" , C,;U;:ctf~q~ 'P):l4Jr" ~f<:~.u..."}u,h.ive adt:lt:c.~~'l";'~ ~~;::-nt:S.. -?':lci-~~ td.'?a-:: -!t...c'~,,!?,., !.Q:2"CC}... . , 'fl '~_~. ~7.~.COti~.: . ",. ;"",~",;,/"-" ' ,,::.~rri'~ ,.,., , THOI!IAS '.A~WtUTE~ 'J'., . . -. -! i . . .' '. I , . ,.. " ~.. ~ "' ~t , ::: ~ : rt~ e." '. -..- , i I , ~ --,,,,,I- . __, 'c. .,' i ,,~ -""""'''''''''''''--li-'' VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing petition for R~assessment of Damages are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. DATE: March 10, 2004 FEDERMAN AND P~ L.L.P. BY.:~~ Daniel G. Schmieg, Esquire Attorney for Plaintiff . ~..~ .f ". 1rM~~titmt!~~i@!~gjl1ffili1l~~k",j'ii'ili'lj:!iN;'!!J;;'d,u.1:~ij:\iJ11di~~I!f1~ ~" n [ ...............~.." '~iij~_ ! ~ ~~~[l --, 0 ...., () => c--:;: = "n ~ . ~ --; ~.. '.1- ;D :c'-,-" fii :;-{J -nrn ~~:')~1 \...0 6() ";-1." J'-::~ S~~~ ...;..'4 , , ,-'If" cD '.:-:{ ....- .,:> .r.' 'n =-2 w '< ", w,_ ~~ L ~ J" " FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Washington Mutual Bank, F.A. S/I/I To Bank United CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. Wesley A. Swartz Shiela D. Swartz CIVIL DIVISION NO. 01-1906 CIVIL CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Rule Returnable Date of April 26, 2004 and a copy of Plaintiff's petition for Reassessment of Damages have been sent to the individuals indicated below on April 5, 2004. Wesley A. Swartz Shiela D. Swartz 183 zion Road, New Burg, PA 17240 By: I L.L.P iel G. Schmieg, Es re Attorney for Plainti Date: April 5, 2004 :<*;-1- ":.~> ~" ,'1-') ;....:.( i~r~'~~' """--~~~'liJjj,:j: -~"'"'iMljjMil,i!la!iIU&G.!Hu;m]).ri!,'lli-..d,,,,;,,h0l#.,,,,\",if,..~iWillit.'UM.li~-'-'-"'I""...;"""" ZfLf' = _.~,-.. "-'" ~"v, 0" ,~, ~~__ <" ~~_""'" -Lii ,.. "",,'M" IliItf (") C ~ ~tR "':.- -'-' ~ ~3~~. ~~ :;i:>r :Z :< ~~ ~ 1--~~iiltIf ..",,,,,," '. ....., = = or- """ -0 ;::0 I 0"> o "l"l ....... :J::J'1 me- -013 Q.6 -.- -r-i 0::0 .,."..0 -"-m ~ > :''2 "'", :3!: 9- c..n ~ , -o'-~ .~, ,~, ~il1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Washington Mutual Bank F A is the grantee the same having been sold to said grantee on the 5th day ofMav A.D., 2004, under and by virtue of a writ Execution issued on the 22nd day of Oct, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2001 Number 1906, at the suit of Washington Mutual Bank F A against Weslev A Swartz & Shiela D is duly recorded in Sheriff's Deed Book No. 263, Page 809. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this d-5 day of ~ A.D2004 ~ & ~ rJ~ llecoI<IeralD_,~lloImIy,Q!IIIIle,PA Recor er of Deeds My CClmIIIl&sIon ElqlIr88 tI18 flnIIMOnlllIValJan.1IlIOI ~ ~"_. ~ -. I. ." Washington Mutual Bank, FA, s/ilr to Bank United VS Wesley A. Swartz and ShielaD. Swartz In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-1906 Civil Term Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, stat~s that on November 18,2003 at 1:04 o'clock PM, he served a true copy ofthe within Real Estate Writ, Notice and Description, in the above entitled action, upon the within mimed defendant, to wit Wesley Swartz, by making known unto Wesley Swartz, at 183 Zion Road, Newburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Shiela D. Swartz, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Lebanon County, Pennsylvania, to serve the within Real Estate Writ, Notice of Sale and Description according to law. Lebanon County Return: Served the defendant, Shiela D. Swartz on December 11,2003 at 10:46 o'clock A.M., by making known unto Shiela D. Swartz at 839 Weaber Ave., Palmyra, P A 17078. So Answers: Michael DeLeo, Sheriff of Lebanon County, PA. Gerald Wrothington, Deputy Sheriff, who being duly sworn according to law, states that on January 13, 2004 at 9:33 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Wesley A. Swartz and Shiela D. Swartz located at 183 Zion Road, Newburg Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice ofthe pendency of the action to the within named defendant, to wit Wesley A. Swartz, by regular mail to his last known address of 183 Zion Road, Newburg, P A 17240. This letter was mailed under the date of January 9, 2004 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following mauner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit Shiela D. Swartz, by regular mail to her last known address of 839 Weaber Ave., Palmyra, PA 17078. This letter was mailed under the date of January 9, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on May 5, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for Washington Mutual Bank, F .A., s/ili to Bank United. It being the highest bid and best price received for the same, Washington Mutual Bank, FA, s/i/i to Bank United of 3200 Southwest Freeway, Houston, TX .. ~~}} o.iilt~" ,,"""""""'='~ ~" . I J" - I, " I J '" , i-I ".-. rr' ,..,.-',1.~ 77027, being the buyers in this execution, paid to SheriffR. Thomas Kline the sum of $989.03, it being costs. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Levy Surcharge Out of County Lebanon County Postpone Sale Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed $30.00 19.39 15.00 15.00 30.00 10.00 $ 1.00 24.84 15.00 30.00 9.00 40.70 20.00 325.85 309.43 29.32 25.00 39.50 989.03 ~rs~ ~.. " ~)~ ~ ~ ~..... -- This ){,- dayof 1'/.1".. ~ . Cb {)y < -;- R. Thomas Kl, ine, Sheriff 2004,A.D. ~,~, ~ ~)rvuih ro honotary BY \.) Real Estat eputy Sworn and subscribed to before me ~~ 300V C~ } \.aO t.lI.L "14 q "IS Rw, /1$'1 'f9 ^-' l~ 0" n~"-"" j L l - '". ~. ---''''-,If,:,,-, 'f WASHINGTON MUTUAL BANK, F.A., S/I/I TO BANK UNITED CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION WESLEY A. SWARTZ SlDELA D. SW.ARTZ NO. 2001-01906 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) WASHINGTON MUTUAL BANK, F.A., S/I/I TO BANK UNITED, Plaintiff in the above action, by its attorney, FRANK. FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,183 ZION ROAD, NEW BURG, P A 17240 . 1. Name and address of Owner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WESLEY A. SWARTZ 183 ZION ROAD NEW BURG, PA 17240 () c ~1B: ---:-, '-J '~-I SHIELA D. SWARTZ 183 ZION ROAD NEW BURG, P A 17240 ~Jo~~. r-'r;::.- ~Y:~:,o ..o.~c~' ..-::: =< :'J C.) .- ~'-' ('0 t.....J .. -+1 - -~:F!~~ 2. Name and address of Defendant(s) in the judgment: -::-"f ::ti -< Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None - ..'.' , ,__I ,~ _', >- --, ". - ~~ 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL INC. 1752 LINCOLN WAY EAST, SUITE 7 CHAMBERSBURG, PA 17201 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 183 ZION ROAD NEW BURG, P A 17240 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. October 20. 2003 DATE ~~~JJjJJl IY'l fJ.I0 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~. .' l I. - ,',_ .i ',,',' ~' . ' ' ~' '. WASHINGTON MUTUAL BANK, F.A., SM TO BANK UNITED CUMBERLAND COUNTY Plaintiff, No. 2001-01906 v. October 20, 2003 o ~,', ;? - - <,',)" --tJ(: -- (~; \. ~ . :-~,,) 6? -- <]J~';,', .~:~~ '~ --~. '>f~ ;- :; ".~ ...... ~L WESLEY A. SWARTZ SHIELA D. SWARTZ Defendant(s). TO: WESLEY A. SWARTZ 183 ZION ROAD NEW BURG, P A 17240 SIDELA D. SWARTZ 183 ZION ROAD NEW BURG, P A 17240 "THIS FIRM IS A DEBT COLLECTOR A7TEMPTING TO COllECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A7TEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A UEN AGAINST PROPERTY." Your house (real estate) at, 183 ZION ROAD, NEWBURG, PA 17240, is scheduled to be sold at the Sheriffs Sale on MARCH 3, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $179,474.75 obtained by W ASIDNGTON MUTUAL BANK. F.A., SM TO BANK UNITED (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: L The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. ,j'l ; -, 00:-;\, You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LmERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 '. ALL che following described real estate lying and being situate In Hopewell Township, CumberlancL--- COUnty, Pennsylvania, bounded and limited as follows: BEGINNING at an iron pin on the easterly dedicated right of way of Township Road No. 378 at comer of Lot No.2 on a plan of lots hereinafter referred to; thence by said Lot No.2, South 71 ...____ degrees 35 minutes 58 seconds East 237.94 feet to an iron pin; thence by the same, South 18 degrees 24 minutes 1 second West 230 feet to an iron pin on line of lands now or formerly of Steve Elrath; thence by said lands now or formerly of Steve Elrath, North 70 degrees 33 minutes 27 seconds West 230 feet to an iron pin on the easterly dedicated right of way line of the aforementioned Township Road 378; thence by the easterly dedicated right of way line of Township Road No, 378. Nonh 18 degrees 54 minutes 42 seconds East 225.64 feet to an iron pin, the place of BEGINNING. CONTAININ~ 1.250 acres and being Lot No.1 on a plan of lots entitled "Mill Run Acres" ~ prepared for William F. Lucas by Kissinger and Wolfe, Surveyors, dated May 24, 1977, and recorded in the Office of the Recorder of Deeds of Cumberl:J.nd County, Pennsylvania, in Plan Book 30, Page 97. TOGETHER with all the Grantor's right, title and interest in and to that portion of the pnblic road known as Township Road No. 378 lying between the front property line of said Lot No.1 herein conveyed, as shown on the aforementioned plan of lots, and the centerline of said public road, which has been dedicated by the Grantor herein for road usage. TA.,'( PARCEL #11-07-0491-012 TITLE TO SAID PREMISES IS VESTED IN Wesley A. Swartz and Sheila D. Swartz, husband and wife by Deed from S & R Construction, A Partnership, and having as Partners Robert Swartz and Walter Ritchey dated 5/15/97 and recorded 6/20/97 in Deed Book 159 Page 767. <""""""~",-~ -~~ ~. ~~ .', ~ "' ....1- , ~ ., ".~ - ", '"":f' . , WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) . COUNTY OF CUMBERLAND) NO 01-1906 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due W ASIDNGTON MUTUAL BANK, F.A. SII/I TO BANK UNITED Plaintiff(s) From WESLEY A. AND SHEILA D. SWARTZ, 183 ZION ROAD, NEWBURG, P A 17240 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attaclunent has been issued; (b) the garnishee(s) is enjoined fronl paying any debt to or for the account ofthe defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attaclunent is found in the possession of anyone other than a named garnishee, you are directed to notify ffimlher that he/she has been added as a garnishee and is enj oined as above stated. Amount Due $179,474.75 L.L. Interest FROM 9/27/01 - 3/3/04 (PER DIEM - $29.50) = $26,225.50 Atty's Comm % Due Prothy $1.00 Atty Paid $1,007.34 Plaintiff Paid ,Date: 10/22/03 Other Costs CURTIS R. LONG (Seal) Prothonotary - 0-, By: fo.. ~ty .0 REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION, 1617 JOHN F. KENNEDY BLVD, SIDTE 1400, PHILADELPHIA, PA 19103-1814 Attorney for: W ASIDNGTON MUTUAL BANK, F.A., SIIII TO BANK UNITED Telephone: (215) 563-7000 Supreme Court ID No. 12248 " ..~~~~~Iojh;j["~"d,~'~"<",-_:;-_."__ i,'. c,,;,. _"o""~".','d,,,,,',,."I;,,:k,'- --" " - ",>..,,;" .j,. """,~~".b"4",~~;,i.,",<;i;&.i%II!;W~511M<i<;~'Hl:~.",~~_,,,,-~b.-"'"'''''''''';;1~'fr'''''~~~"'"~ ~ l" c '~~,"(H "liiI::lIIil I ;, . Real Estate Sale # 12 On November 05, 2003 the sherifflevied upon the defendant's interest in the real property situated in Hopewell Township, Cumberland County, PA Known and numbered as 183 Zion Road, Newburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 05, 2003 By: J~.AvWlk Real E~;~Deputy ~ c;ra c::;:;;l ~ ~. VI '1'1 ".1 !, '", 'I" '1 ) . ".., ,t, ~' f _ 0'i ."j () \ ...., rD. lId 6, Z ZZ 1:10 A1Nnc~ ,c8rinO ~~IB3H" "n.., ,Ie 3nl~.iO u ,"'_"~.~,',,,_ L .. _ , ." , , REAL ESTATE SALE No. 12 Writ No. 2001-19,06 CivIl Term Was'hingto'n Mutual Bank, FA, sJJJl to Bank Un~c:.d ' vS:., , ,," \yesif~i 4. swartz' and . :"..:':,:Shiels O. Swartz . ,Atty: Fran'k 'Federt:"an DESCRIPTION -~I;. the fciUowini'de,'icri!x<d reiIl estate lying nnd ,~lrig situate 0 in Bcpewen Township, .., CLiriiberland"County. Pennsylvania, bounded and f.:. limltedas.iullows: "" " BEGOO1NG a(an iron pin \In the easterly rlerli~~ted right-of~wayofTownshifl Road No. 378 . .m.comer olLot No.2 on a plan oflots hereinafter " iifei7Cd to; thence by said Lo! No, 2, South 71 ,:d~s 35 mfnutes58set.'t1nds Easl237,94 feetto an Iron pin; thence by the same, South 18 degrees U mfDUte5 1 second West 230 feel 10 an iron.pin on line of rands now or formerly of Steve Elrath; thence by .~aid lands now or foonerly or Steve , Efrath, North 70 degrees 33 minules27 seconds '?;kst 230 feet to an iron pin"onJ:1re e2Sterly "dedicated right-of-way llne of the morementioned Township Road 378; tbence by the ea~terly :clecHcated right-or.way line of Township Road No. ',378., North is degrees 54 mInuteS 4~ seconDs ~l. "225.64 feet to an iron pin, the place of BEGINNING. CONTAJNINO \.2S0 acres and being Lot No. 1 on a plan or lots entitled iMllJ Run Acresl .:f)lejJared for William R Luc.as by Kissinger and Wo1fe,. &!rveyoo;. dated May 24. 1971, 'Jnd l.'OC\lrded in the OLficq,f the Recorder of Deeds of '.':.CumherJlIud ,Coui1l.v; Pennsylvania, in Pl:m Book lll.l'1lgt91, , ,"", ',' 1C<3ETHER with all the Grantor's right, title 'llIId interest in and to,.LQat portion of the pubnc mail kmmn as Tow.riship Road No, 318 lying 'between the front property line of said Lot No. J herein conveyed, as shown on the aforementioned plan of lots, and'the centerline of s.aid public road, which has been dedicated by the Grantor herein forroadusage. 1:'VU'ARCELNO,: ll.07.0491'(]1~ TITLE TO SAID PREMISES is ~1:sted_ in Wesley A. Swart7. and Shena D. Swarlz, busbimd and \~ife, hy Deed from S & R Con~truction, A Partnet>hip,andhavingasPartner1>RobertSwartz ,and Waller Richcy, datcd 5fl511J and recorded 61 ~?'9!!t!_j~P~.Book!59Pag~26?:-__~,___ _ J.i'~ , ~, I~ ~_ , I _ " !, '\ , .'-- '. 'b.:.:J ,_ .L . ~= - ''''5' " _~ ,_ ~"';"~_'_~~ 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 Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and pUblished in their regular daily and/or Sunday/ Metro editions which appeared on the 20th and 27th day(s) of January and the 3rd day(s) of February 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of. D uphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy S ALE #12 Sworn to and subscribed e r NotaJialSeal T eny L. Russell, Notary Public City Of Harrisburg, Dauphin CUMBERLAND COUN1Y SHERIFFS OFFICE CUMBERLAND COUN1Y COURTHOUSE CARLISLE, PA. 17013 " Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 309.43 ~ , Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... . " 1"- ':' '1.""-"' , . lDM. BTAm s.ud!l NO. III Writ No. 2001-1906 Civil Washington Mutual Bank. F.A, s/i/i to Bank United vs, Wesley A Swartz and Sheila D. Swartz Atty.; Frank Fedennan ALL the folloWing described real estate lying and being situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and limited as follows: BEGINNING at an iron pin on the easterly dedicated right of way of Township Road No. 378 at comer of Lot No. 2 on a plan of lots here- inafter referred to: thence oy 8CUU Lot No.2. South 71 degrees 35 min- utes ,5.8 seconds East 237,'94 feet to an iron pin; thence by the same, South 18 degrees 24 minutes 1 sec- ond West 230 feet to an iron pin on line of lands now or formerly of Steve Elrath; thence by said lands now or formerly of Steve Elrath. North 70 degrees 33 minuteS 27 seconds West 230 feet to an iron pin on the easterly dedicated right of way line of the aforementioned Township Road 378; thence by the easterly dedicated right of way line of Township Road No. 378. North 18 degrees 54 minutes 42 seconds East 225.64 feet to an iron pin, the place of BEGINNING. CONTAINING 1.250 acres and being Lot No. 1 on a plan of lots entitled "Mill Run Acres~ prepared for William F. Lucas by Kissinger and Wolfe, Surveyors. dated May 24, 1977. and recorded in the Of- fice of the Recorder of Deeds of Cumberland County, Pennsylvania. in Plan Book 30. Page 97. TOGETHER with all the Grantor's right, title and interest in and to that portion of the public road known as Township Road No. 378 lying be- tween the front property line of said Lot No. 1 herein conveyed. as shown on the aforementioned plan of lots, and the centerline of said public road, which has been dedicated by the Grantor herein for road usage. TAX PARCEL #11-07-0491-012. TITLE TO SAID PREMISES IS VES'IED IN Wesley A Swartz and Sheila D. Swartz. husband and wife by Deed from S & R Construction, A Partnership. and having as Part- ners Robert Swartz and Walter Ritchey dated 5/15/97 and re- corded 6/20/97 in Deed Book 159 Page 767. j ..~ I^ , ,~ "C-,' .". '", ~""", " ~:'f.H . 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 : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Joumal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VlZ: J}\NU~,( 16,23,30,2004 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. .)L SWORN TO i\ND SUBSCRIBED before me this 30 day of Ji\NU~,( 2004 NOTARIAl: SEAL LOIS E. SNYDER, Notary Public Carlisle BOlO, Cumbe~and County My Commission Expires March 5, 2005 " ,....'::;. "", ....,~" ~-../ " . ...". /" ""- '" . "" '. 'IilU b FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Washington Mutual Bank, F.A. S/I/I To Bank United CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. CIVIL DIVISION Shie1a D. Swartz NO. 01-1906 CIVIL AND NOW, this 50 fI"day of ORDER ,qF'j",'1 I 2004, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that the Rule entered upon Defendant (s) shall be and is hereby made absolute and Plaintiff's Petition is GRANTED and it is further ORDERED that the Prothonotary reassess the damages in this case as follows: Principal Balance Interest Amount July 1, 2000 through May 5, 2004 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit 154,765.17 39,396.85 5,095.28 1,500.00 3,420.91 789.09 199.95 410.00 0.00 2,238.64 TOTAL $207,814.89 Plus interest per diem from May 5, 2004 through Date of Sale at six (6%) percent. NOTE: THE ABOVE FIGURE IS NOT A PAY OFF - SHERIFF'S AND COMMISSION ARE NOT INCLUDED IN THE ABOVE BY J. '!mjI;W..~~<ll,;-,~,r0':m~i, ~""'-;;;;;~-'WI;!I_I,-~~ ii!iWIilIi!t!J1lJ~=~ ,~~~U - -.;' -oll!if;JllOhtlIIMr'-' t>'f',';~<1ffi1j';".dli'ilM0&i;t :"t1f",~!il:<ilM _ L, ," F I' """, "' A, G-{: <I- R <:" ",. 1, . t ~ ~; t, .,.. ~ " j c:' ~(QJ '-G '" I/) J ~ J\ :;:".r _~,,,,"__, , C' c , ,,.. ~ ;T-> c' r ~ ( . iii, \ 'r \fINk/', l~,iAsr;/,j\iid /\i.j I ~nr'i (..", \ ....,. .:.~~' ~i I-~./'j , _, ,; ;,e.1.';C{1!.J(')'l - - "-I"'-'-.iilWrv 90:[; Wd t.. AVJHnOl AIi'rl.10IVGi-u.OI:id EHl ::fa :JOid:/o-ij37J;J ,,"'''.u,,'''P,W,- . ~.., - ,.~~,-. ~~_ . ="'~n_., _. "_".e'"., ,,,"_V_," _~, '.",j"'''~"_'''__ ,. 'i~"'~oJ_ , I ~ ",.....,c. _',~_'_n -~ ,> ~,- , ""~'-~' _. - " " ,"~. - ., ." - '" .-- -~. ,-, , ~ k ~-~::.." - 'C"t'G:! FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Washington Mutual Bank, F.A. S/I/I To Bank United vs. Wesley A. Swartz Shiela D. Swartz CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-1906 CIVIL MOTION TO MAKE RULE ABSOLUTE Plaintiff! by its Attorney, Daniel G. Schmieg, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above captioned mortgage foreclosure action! and in support thereof! avers as follows: 1. That it is the Plaintiff in this action. 2. A Petition for Reassessment of Damages was filed with the Court on D. Swartz on March 11, 2004 and Rule was entered upon Defendant(s) Wesley A. Swartz Shiela March 25, 2004 to show cause why the Order for Reassessment as Exhibit A. should not be entered. A true and correct copy of the Rule is attached hereto 3. The Rule to Show Cause was timely served upon all parties in service is attached hereto B. accordance with the applicable Rules of Civil Procedure! and a Certification of 4. Defendant (s) failed to respond or otherwise plead to the Rule Returnable date of April 26, 2004. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and enter the Order for Reassessment of Damages. .,1 - ~t::'h VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made aubj ect to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. DATE: April 26, 2004 By: L.P. el G. Schmieg, Esqu' Attorney for Plaintif " -~ 1'0 ",' .',-' __,_0 MAR 2 2 2004 ~ FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Washington Mutual Bank, F.A. S/I/I To Bank United CUMBERLAND COUNTY COURT OF COMMON PLEAS Shiela D. Swartz Wesley A. Swartz vs. CIVIL DIVISION NO. 01-1906 CIVIL RULE AND NOW, this ,Q5th day of ff\~ 2004, a Rule is entered upon Wesley A. Swartz Shiela D. Swartz, Defendant (8) to show cause why the attached Order for Reassessment of Damages should not be RULE RETURNABLE l:h~p n~y of entered. OOQ{ ~ .:<0 .dtut 01 ~ BY THE COURT: }5/3 ~'(~Jt<:y,~.. T~UE COPy fROMREcorm 10 Testlmooy whereof, I here unto s~t my hao ;n s th~.:Q~fsai COU~.m~,Pa. . ...1 J, ~'~''''~h' <'_~ 00';"-' t:E:ilJiERMAN AND PHaM'bERMANAND PHElAN.... ATTORNEY FilE COry !\TTORN~Yn~Eqopv 'f~,JtJ.'ffEW FEDERmiASE~, LLP. A'J11 .~...., ...,'" by: Daniel G. Schmieg, Esquire, PlF Atty. I.D. No. 62205 ATTORNEY FOR PLAINTIFF One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Washington Mutual Bank, F.A. S/I/I To Bank United CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. Wesley A. Swartz Shiela D. Swartz CIVIL DIVISION NO. 01-1906 CIVIL o ~ 0 c: ';F -n :<;:: -I ",'CD ~ :I:m,-n I, Daniel G. Schmieg, Esquire, hereby certify that a copy o[.p~e ~le -uFn ZC I :uQ 2004 and a copy of Plaintiff's peerMi;pn Cf'or 9.$ r:::: C. :r:-rt ~ ';t:" 0- Reassessment of Damages have bebn sent to the individuals indicated~_~low~n Z?6 )>c:: 0 9. z ~_'" ).-;0" =2 U1 ::.i! CERTfFICATIQNQF SERVICE Returnable Date of April 26, April 5, 2004. wesley A. Swartz Shiela D. Swartz 183 zion Road, New Burg, PA 17240 By: , L.L.P /" iel G. Schmieg, Es Attorney for P1ainti ' i Date: AprilS, 2004 -, ~,,," ~CERMAN AND ~II'J~ AITORNEY FIlECOP'f PLEASE RETURN ..,,."'1. r'r: 0,0.:.," .\ \ . . . 1~~llilfo!!iNilfi!li!jj;ilji~j,j,,~~$\\;;fMM;i,&l!tJi~$Mi1ii;:-&,jJH:.!;b;,,"',~llI<li'i;'k:!'.~,~"",-",<"~j,h',,;;,,,i.-,-'<im,";~ ,~"" ';'c>iliJ.'ji-i1~ ~, - ~~ ill ~~~ .4ll!!:iM?t>r) ~~-. ~ i' I!: i': . . ,;-, Ii: Ii " 'ii 'I] /' ~_i ['I II \1 u II II , ii d I:! '! ~! fi 0 ...... <=> ~ c: <=> Z' .z:- "1)-'. :1>0 ~ rr"P~ -;"7'L::-I " ?i~ ;;0 0),~ N ~~ ~~~ -.I S ". i5jj :3: Z~ ,- P. 0 ~ -,'"' N ?li 0 -< $ ,_..",,", ""'.H. =o""'~ _ ,', ~ .', ~ _ <>.0)">". _"";__~_~~,-. ~""_ ."."_c'."". -_ - "e 'fic/rt"'"",-,?, ,'w,'.'''!'' ;,",~ - . ~I ,,- ,-.' ","-l.' _,~,,,,__,~~_,_, c-,,,~,ij.I"~'^""-_i~~Yl"l, ' d ," ." ~_-!<-,-~ ,_ __'""" ,~" __~_ ,~ "^ ~ > ~~ ... ." ....,1"