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HomeMy WebLinkAbout01-2889 FX - c,t I.',"' ,._,1,_0 >-'-., ,liw L.c C,_;,'. .'Sll-;, 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 ATTORNEY FOR PLAlNTIFF COURT OF COMMON PLEAS CIVIL DIVISION FLAGSTAR BANK, FSB 5151 CORPORATEDRNE TROY, MI48098 Plaintiff TERM NO.OI-,,2.I'Pi Co~L~~ CUMBERLAND COUNTY v. MARK A. RUNDALL, NKJA MARK RUNDALL 302 THIRD STREET WESTFAIRVIEW, PA 17025 Defendant( s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE "TillS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TillS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE 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 ASSOCIATION 2LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 . ~'- ~ Loan #: 000121634 ~ -,,, IJ< " aliii 11 --...i, 1. Plaintiff is: FLAGSTAR BANK, FSB 5151 CORPORATE DRIVE TROY, MI 48098 2. The name(s) and last known addressees) of the Defendant(s) are: MARK A. RUNDALL, AlK/A MARK RUNDALL 302 THIRD STREET WESTFAIRVIEW, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 4/21/95 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FIRST SECURITY SAVINGS BANK, FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1260, Page 202. By Assignment of Mortgage Recorded 5/15/00 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 644, Page 339 ~"! 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 I 0/1/00 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." ~..- ,_, '->>.l 'I'" - -j -...,-1_,__]., - ""' ........ "~,,,,~', 6. The following amounts are due on the mortgage: Principal Balance Interest 9/1/00 through 5/1/0 I (Per Diem $12.76) Attorney's Fees Cumulative Late Charges 4/21/95 to 5/1/01 Cost of Suit and Title Search Subtotal $52,475043 3,100.68 2,623.00 328.20 550.00 $59,077.31 Escrow Credit Deficit Subtotal 124.56 0.00 ($ 124.56) TOTAL $58,952.75 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. ~ 16800403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (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 $58,952.75, together with interest from 5/1/01 at the rate of$12.76 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. ~~}~ /s/ Frank Federman F~FEDE~,ESQUIRE Attomey for Plaintiff -. " . , ". '- "=._"""-~""''').,,,:;. ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM DATE: January 23, 2001 FORECLOSURE TO: Mark Rundall 302 Third Street West Fairview , P A 17025 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 ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on vour home is in default and the lender intends to foreclosure. Specific information about the nature of the default,is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) mav be able to help to save your home. This Notice explains how the program works. To see ifHEMAP 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 the Counseling Agencv. The name. address and nhone number of Consumer Credit Counseling Ae:encies servinlZ vour County are listed at the end of this Notice. Ifvou have anv Questions. vou mav call the Pennsvlvania Housing Finance Agencv toll free at 1-800-342-2397. (Persons with impaired hearing can call (7 I 7) 780- I 869). 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 fmd a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUEDE AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE EST A 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 "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. ,. \tIkHIBlTA -~'"- ~ ~- ~ ~ d I'. > 'II!f;L~'. ~ '"'J:~l'i\l~.,;b STATEMENTS OF POLICY HOMEOWNER'S NAME(S): Mark Rundall PROPERTY ADDRESS: 302 Third Street - West Fairview, P A 17025 LOAN ACCT. NO.: 000121634 ORIGlNAL LENDER: Flagstar Bank, FSB CURRENT LENDER/SERVICER: Flagstar Bank, FSB 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 (THE "ACT'). YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BElNG ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSlNG FlNANCE 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 MEETlNG MUST OCCUR WITHlN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAlNS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMEk CREDIT COUNSELlNG AGENCIES-If vou meet with one of the consumer credit counseling a"encies listed at the end of this notice the lender mav NOT take action against vou for thirtY (30) davs after the date of this meeting. The names. addresses and teleohone numbers of designated consumer credit counseling agencies for the counlY 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 immediateIv of your intentions. APPLICATION FOR MORTGAGE ASSIST ANCE- Y our mortgage is in a 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 fmancial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one ofthe designated Consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLlCA nON FOR MORTGAGE ASSISTANCE WILL BE DENIED. E)(H\Brr A -<''''~"~-- . ..= - , ,- " ;1 ",j , - " '. .-- ,-'-'-'.- ,~' . ~ ~.', "" "".~,~~,- AGENCY ACTION-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During thattime, 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 TILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. If ou have filed bankru tc ou can still a I for Emer enc Mort a e Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEF AUL T- The MORTGAGE debt held. by the above lender on your property located at: 302 Third Street - West Fairview, PA 17025 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: $541.23 from 10/1100 through 11/1I00,:then $53732 beginning 12/1100 per month. Monthly Payments Plus Late Charges Accrued NSF: Inspections: Other: (Suspense): Total amount to cure default $2,397.78 $0.00 $80.00 $0.00 $0.00 $2,477.78 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not applicable): N/A HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,477.78, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either bv cash. cashier's check. certified check or monev order made pavable and sent to: FEDERMAN AND PHELAN, One Penn Center at Suburban Station, 1617 John F. Kennedy Boulevard, Suite 1400, Philadelphia, PA 19103-1814, attention: Reinstatement Department. 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.) N/A. 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 ri2hts to accelerate the mort2a2e debt. The means that the entire outstanding balance oflhis debt will be considered due inunediately and you may lose the chance to pay the mortgage in montWy installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclosure nDon your mortlZa2e Dronertv. IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriffto pay off 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, if legal 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 to the lender, which may also include other reasonable costs. Ifvou cure the default within the THIRTY (30) DAY period. vou will not be required to pav attorney's fees. fXHIBIT A ~-" . ~~ .-, __klo ^-~I" OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RlGHT TO CURE THE DEFAULT PRlOR TO SHERlFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at anv time UP to one hour before the Sheriff s Sale. You mav do so bv paying the total amount then past due. nlus any late or other charges then due. reasonable attorney's fees and costs cOl)nected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriffs Sale of the mortgage property could be held would be approximately SIX (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 contacting the lender. HOW TO CONTACT THE LENDER: Attorney Representing Lender: FEDERMAN AND PHELAN One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Ste.1400 Philadelphia, PA 19103-1814 (215) 563-7000 Contact Person: Phyllis Levin, Reinstatement Dept. EFFECT OF SHERlFF'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 your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You may or_X_may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charge and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RlGHT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAYOFF THIS DEBT. . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEF AUL THAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU NOT HAVE THIS RlGHT 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 MAY HAVE TO SUCH ACTION BY THE LENDER . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED Very truly yours, FEDERMAN AND PHELAN, LLP rXHIBIT A - -'.- J. Ll --""~ :j,!llilL_"",~"..,',,,,,,,,,,A,!,,,.;'_,,_ . PENNSYLVANIA HOUSING FINAJ'lCE 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 Slate College, PA 16801 (814) 238.3668 FAX (814) 238-3669 CCCS of Northeastern P A 201 Basin Street Williamsport, P A 17703 (570) 323-6627 FAX (570) 323-6626 COLUMBIA COUNTY 31 W. Market Street POB 1127 Wilkes-Barre, P A 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 1.400 Abington Executive Park Suite I Clarks Summit PA 18411 (570) 587-9163 or (800) 922-9537 FA."X (570) 587-9134-9135 Commission on Economics Opportunity ofLuzeme County 163 Amber Lane Wilkes-Barre, P A 18702 (570) 826-0510 or (800) 822.0359 FAX (570) 829-1665-(Call Before Faxing) (570) 455-4994 Hazeltown FAX (570) 455-5631-,(Call 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 9th 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. 601lndianaAvenue Farrell, PA 16121 (412)981-5310 CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, P A 17102 (717) 541-1757 CUMBERLAND COUNTY Financial Counseling Services of Franklin 31 West3n1 Street - Waynesboro. PA 17268 (717) 762.3285 Urban League of Metropolitan Harrisburg N. 6. Street Harrisburg. PA 17101 (717)234-5925 FAX(717)234-9459 YWCA of Carlisle 30 I "0" Street Carlisle, P A 17013 . (717) 243-3818 FAX (717) 731-9589 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, P A 171 04 (717) 232-9757 FAX (717) 234-2227 Adams County Housing Authority 139-143 Carlisle St Gettysburg, P A 17325 (717) 334-1518 FAX 334-8326 PENNSYLVANIA BULLETIN, VOL. 29, NO. 23, JUNE 5, 1999 f"SIT A "- ;'.,1 . - ';",.' .-~, < ALL THAT CERTAIN trace or parcel of land and premi.es, situace, lying and being in the Borough of West Fairview in the County of Cumberland and Commonwealth of Penn~Y1vania, more particularly de.cribed a. follow.: BEGINNING at a point on the West side of Third Streec, which pOLnt is 25 feet North of the northWest corner of Third and Clay Street. and on the division line between properties Nos. 300 and 302 Third Street; thence North 10 degrees 30 minuees West, 14 feet to a point; thence SouCh 80 degrees West 34-7/10 feet to a point; Chence North 10 degrees 30 minutes West, 3-7/10 feet to point; thence South 79 degrees We.t 6-5/10 feet to a point; thence South 84 degree. West 34- 7/10 feet to a point; thence Norch 69 degrees 30 minutes West 16-8/10 feet Co a poine; thence South 3 feet, more or less) to a point; thence South 72 degrees East 57-5/10 feet to a point; thence North 80 degree. East, 40 feet and through the partition wall seperating properties Nos. 300 and 302 Third Street and be- yond to a point, the Place of BSGINNING. BEING portions of Lots No. 39 and 40 as shown on the Plan of Lot. of William F. Martin's Addition to West Pariview as recorded in Cumberland County Deed Book 6-ij, Page 60 I . HAVING THEREON ERSCTED the northern half of a two family dwelling numbered and known as 302 Third Street, West Fairview, Pennsylvania. BEING THE SA}~ PREMISES wbieh Clarence E. Friscbkorn and Theda M, Frischkorn, husba~d and wife, by tbeir Deed dated September 15, 1993 and recorded September 16, 1993 in the Office of the Recorder of Deeda in and for Cumberland County in Deed Book N, Volume 36, Page 531, granted and conveyed unto T. Cbristopher Hadley and Paul T. Hadley. Dana S. Hadley, wife of T. Christopher Hadley and Patty L. Hadley, wife of Paul T. Hadlev. loin in th;J:f rn..."o".......,..,. .._ ................ ____ ---- v ----- v ----- . --.-r-,;"":,,,,:,,,,,; .....~-=--;-;::...........j..."'-;;;-i:\:i"""i:'vuv,.ij;J~lly and ~11 interest they may have in said premises. ' "", ..-"0--,-' ,~' .J...;.;.\,;:~ ~;}~- 'C -~ " --<~~-il"~' ~ ''1'-. '~~jl'(ili'..i;"';" VERIFICATION JOHN P. MARECKI hereby states that he is FIRST VICE PRESIDENT ofFLAGSTAR BANK mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his 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: 5/7/0 / / / ~ kp ;- ~",H. ~, ','r",,""~"''''''''"'''_~'"~~ _ ~. '''''~''''''.,;-i''r''/ ,'" .~,~_ ' r.~~""'*4'~_'*-_ ,,'.',",",. ,<"--"",~""~"",---".,,. '"'V',,';;".-' ~~ilIiillIIil~ lri~!Ia.~~.i~, lfl",W."'I_dWf:;.<if,,,M!rliii'I)J.1M;;;;, ",,"'''' """""~"~<'">BJ,,,,,,,;~,,, " ~ "- -<: ~ ,'" ",-" ~ -. ~ , ~ (.) -6c, 19 i ~ ~~ OBl1\ b () ;; ~ ~ ~ ~ \...(, o ,- ~s:: -orT, ~',f' (f) " -< 0') r::: '~._. 0- ~~ z =2 , ~~~Jdll!!j D ~ h". , - ~n :3:: . . '-;';' !-- (........... m~ G B1' &.Il~ ". . . , t "'1 l , ,J ., 'I ,., -. ""oJ. ....' ..,-",J.!i;:'~" , '> ~ '" FLAGSTAR BANK, FSB CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS MARK A. RUNDALL, AlK/A MARK RUNDALL CIVIL DIVISION Defendant( s). NO. 01-2889 ClVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) FLAGST AR BANK. FSB, 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 302 THIRD STREET. WEST F AlRVIEW, P A 17025 1. Name and address ofOwner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) MARK A. RUNDALL, AfKIA MARK RUNDALL 302 THIRD STREET WEST FAlRVIEW, PA 17025 2. Name ~d address ofDefendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and addres.s of every judgment creditor whose judgment is a record lien on the real property to he sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) FORD MOTOR CREDIT COMPANY PO BOX 6508 MESA, AZ 85216 \ , , 0' ~ ,_ ~ , , .' - -' _J.:,', ~ "'~ ,", 1 .~ __,c_,__. ~ _~ "w.:. . . ;1. Name and address of the last recorded holder of every mortgage of record: 1 NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) EAST PENNSBORO TWP. 98 S. ENOLA DRIVE ENOLA, PA 17025 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 302 THIRD STREET WEST FAIRVIEW, PA 17025 Domestic Relations of Cumberland County 13 North Hanoyer Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 171 05 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or infonnation 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 auth6rities. August 28. 2001 DATE RANK FEDE AN, ESQUIRE ttomey for Plai tiff I \f~ ,,-.. . ,.. .- .:.1 ,'" h" ", _ '" '--.E. l>: ,. :~,~- <" " .~- _ " _ ''''''I . of < . \ FLAGST AR BANK, FSB Plaintiff, CUMBERLAND COUNTY v. No. 01-2889 CIVIL TERM MARK A. RUNDALL, AlKJA MARK RUNDALL Defendant(s). r' August 29, 2001 TO: MARK A. RUNDALL, AlK/A MARK RUNDALL 302 THIRD STREET WEST FAIRVIEW, PA 17025 ""THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY..* Your house (real estate) at 302 THIRD STREET, WEST FAIRVIEW, PA 17025is scheduled to be sold at the Sheriff's Sale on DECEMBER 5, 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment obtained by FLAGSTAR BANK.. FSB (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for the MARCH 6, 2001 Sheriffs Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERlFF'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. ~, , '.' ~ 0'__ 'i,_I' , ~ - ",';--'- ,- , . ,,," ~- - ',.....~-,''''': , . i . You may need an attorney to assert yo~r 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 IFTHE SHERIFF'S SALE DOES TAKE PLACE. 1. Ifthe Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale ifthe 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 ifthis has happened, you may call (717) 240-6390. 4. If the amount due fromthe 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, PA 17013 (717) 249-3166 (800) 990-9108 -'- >. '_~O_ " ~ ''" . " 1 I \ ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of West Fairview in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: . BEGINNI[.lG at a poim on the West side of Third Street, which point is 25 feet North of the northwest corner of Third and Clay Streets and on the division line between properties Nos. 300 and 302 Third Street; thence North 10 degrees 30 minutes West, 14 feet to a poim; thence Somh 80 degrees West 34-7/10 feet to a poim; thence North 10 degrees 30 minutes West, 3-7110 feet to a point; thence South 79 degrees West 6-5/10 feet to a point; thence South 84 degre~s West 34-7/10 feet to a point; thence North 69 degrees 30 minutes West 16-8/10 feet to a point; thence South 3 feet, more or less, to a point; thence South 72 degrees East 57-5/10 feet to a point; thence North 80 degrees East, 40 feet and through the partition wall separating properties Nos. 300 and 302 Third Street and beyond to a paine, the place of Beginning. BEING portions of Lots No. 39 and 40 as shown on the Plan of Lots of William F. Martin's Addition to West Fairview as recorded in Cumberland. County Deed Book 6-U, Page 601. HA VING thereon erected the Northern half of a two family dwelling numbered and known as 302 Third Street, West Fairview, Pennsylvania. TAX PARCEL #45-17-1044-142 J TITLE TO SAID PREMISES IS VESTED IN Mark A. Rundall by Deed from T. Christopher Hadley and Dana S. Hadley, his wife dated 4/20/95, recorded 4/26/95, in Record Book 121, Page 286. -....""...... ~..} " .J -l~, I _. ,.' j ~ --~;" " -~, ., - - [fJ lli::-;. ." SALE DATE: DECEMBER 5. 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FLAGS TAR BANK, FSB No.: 01-2889 CNIL TERM vs. MARK A. RUNDALL, A!K/A MARK RUNDALL 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: 302 THIRD STREET. WEST F AIRVIEW. P A 17025. As required byPa. 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 Mfidavit 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. FED A omey for Plain ff November 30,2001 1._ c",".- , ." ! ~& --'li\'i"~~,,' CUMBERLAND COUNTY FLAGSTARBANK, FSB No.: 01-2889 CIVIL TERM vs. MARK A. RUNDALL, NK/A MARK RUNDALL SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 (Mfidavit No.2) 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 302 THIRD STREET, WEST FAIRVIEW, PA 17025: 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) 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) -~ ~- , - I .,,,,,-'. .~. ",,' - ,,~: - ~.;;~<.~ ,- FLAGST AR BANK, FSB CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS CIVIL DIVISION MARK A. RUNDALL, AlK/A MARK RUNDALL Defendant(s). NO. 01-2889 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) FLAGST AR BANK, FSB, 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 302 TIDRD STREET, WEST FAlRVIEW, PA 17025 1. Name and address ofOwner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) MARK A. RUNDALL, AJKJAMARK RUNDALL 302 THIRD STREET WEST FAlRVIEW, PA 17025 2. Name and address ofDefendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) FORD MOTOR CREDIT COMPANY PO BOX 6508 MESA, AZ 85216 ~. , ~'W,"-" ~~O,,_~ _, ,.-."-ft'C: 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) EAST PENNSBORO TWP. 98 S. ENOLA DRIVE ENOLA, PA 17025 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 302 THIRD STREET WEST FAlRVIEW, PA 17025 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. August 28. 2001 DATE ,--, -",', , '<_ l~_ ~ h _ '" " -, - - -',~, DATE: August 28, 2001 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S) MARK A. RUNDALL, A/KJA MARK RUNDALL PROPERTY: 302 THIRD STREET WEST FAlRVIEW, PA 17025 Improvements: Residential Property CUMBERLAND COUNTY The above-captioned property is scheduled to be sold at the Sheriffs Sale on DECEMBER 5,2001 at 10:00 a.m. in Cumberland Countv Courthouse. South Hanover Street. Carlisle. P A. 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 " g ::: :~-~ := o~ '" :B _ ,,", <<<"'0 - ~ '" <<< ~~1i:! ....:l..o@oo wl3o:t-;' :z:.g >.8 J:l,;, 00 "'0,,",," o_tIJO\ Z ~ is.- <0<1)<( t=~c.. ~ a";.lf :;;g.E:E- ~ IlJ 0 C1) ~Q.,,;::"g g~G:a c..t.O-C4 ." ... =: C1l~ '" ~ '" ~ ~ Q,"o ::::"000 ".".... 2::<0 J: ::, . 1l .. " ~ :;! . E o . ... ~ " . II " '" !i " ~ ~ :: . . . . z ... 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'1i-_~~~I!l.a)i__Wil_1il'i~.I~J .. <- - . J ". ~_~ .-".-ttlc ....., " WRIT OF EXECUTION and/or ATTACHMENT .COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FLAGS TAR BANK, FSL NO. 01-2889 CIVIL 19 CIVIL ACTION - LAW , PLAINTIFF(S) MARK A. RUNDALL, a/k/a MARK RUNDALL, 302 THIRO ST., WEST FAIRVIEW PA from 17025. DEFENDANT(S) (1) You aredirec\edtolevyuponthepropertyolthedefendant(s) and to sell Real estate located at 302 Third St., West Fairview PA 17025. (See attached legal description.) (2) You are also directed to attach the property of the detendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to nomy the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) iSfare enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If propertyofthe defendant(s) not levied upon an subjeclto attachment is found in the po::;session of anyone other than a named garnishee, you are direc\edtonotify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $59,896.99 (:;;~.l:l:J per diem) Interest 7/13/01 - 12/5/01 $1,428.25 L.L. $.50 Due Prothy $1.00 Ally's Comm f$t Paio Plaintiff Paid % Other Costs $109.92 Dale: September 10. 2001 CURTIS R. LONG by: '. tLM.., Deputy REQUESTING PARTY: Name Frank Federman, Esq. 1617 JFK Blvd, Ste 1400 Philadelphia PA 19103 Plaintiff Address: 1814 Attorney tor: Telephone: Supreme Court ID No. (215) 563 7000 12248 it,; ,:~",;~,-4c~_:' ,,,,'.ri'j"<i:,~,.kt!li1'll$aWlHl!.i,-;:;6'!"~~*-:idf,4'~;'j.\ilt8t"-Al~~-J!I!h~~lOi"u;,,,~~~~,,"~""',K.\~;~""'>IJ\l'Oj' ~"'~iIMii!li:~!!?&lM;_';r;'D,'i~i:'\;;':-,i";;~;,~,,,,J"_~;"'L~'-,,,ili,j,:'~_.i" -<-i;'-"" , ..,4~ Rt".! ... . L.I'\L ESTATE SALE No, 3/ On September 17, 2001, the sherifflevied upon the defendant's interest in the real property situated in East Pennsboro Township f/kla West Fairview Borough, Cumberland County, P A, known and numbered as 302 Third Street, West Fairview, and ffi6Fe fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 17, 2001 By: ~oh( ~i( k~al Estate Deputy \i \. ~ ; p' \ ~_"J "::'\d " ,-. -", \, ': \'~:' - . " \\J\ GO \1 \ \ ,13<) , :.~~\(j uhf':, jJ;;i;\j;lO ,U\l;~',l" ",. " ~'H t' ,,;- ,- <!i) CV\I evil c::= ~ r;vu I, M:; ~~.~ ..J ',J., ~ ~ ',:,;._'oi:' _ ~,' ~ '0' ,:x:, Flagstar Bank, FSB VS Mark A. Rundall aJkIa Mark Rundall In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-2889 Civil Term Kenneth E. Gossert, Deputy Sheriff, who being duly sworn according to law, states that on Sept. 26, 2001 at 7:22 o'clock P.M., E.D.S.T., he served a true c~)py of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Mark A. Rundall, aJkIa Mark Rundall, by making known unto Mark A. Rundall personally at 302 Third St., West Fairview, Pennsylvania, its contents and at the same time handing to him personally the said true attested copy of the same. Kenneth E. Gossert, Deputy Sheriff, who being duly sworn according to law, states that'<)n Sept. 28, 2001 at 6:00 o'clock P.M., E.D.S.T., he posted a true copy ofthe within Reaf Estate Writ, Notice, Poster and Description, in the above entitled action, upon the Pl'operty of Mark A. Rundall aJkIa Mark Rundall, located at 302 Third Street, West Fairview, Pennsylvania, according to law. R Thomas Kline, Sheriff, who being duly sworn according to law says he served the above ~eal Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Mark A. Rundall aJkIa Mark Rundall, by regular mail to his last known address, 302 Third Street, West Fairview, P A 17025. This letter was mailed under the date of October 2, 200 I and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due aI1d legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on December 5, 2001 at 10:00 o'clock A.M., EST. He sold the same for the sum of$1.00 to Attorney Frank Federman for Flagstar Bank, FSB. It being the highest bid and best price received for the same, Flagstar Bank, FSB of 5151 Corporate Drive, Troy, MI 48098, being the buyer in this execution paid SheriffR. Thomas Kline the sum of$787.50, it being costs. Sheriff s Costs: Docketing Posting Handbills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Postpone Sale Law Journal $30.00 15.00 15.00 30.00 10.00 .50 1.00 19.50 1.40 15.00 20.00 311.90 "~"~~>~ ~~ Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed Poundage 225.60 25.66 25.00 26.50 15.44 $ 787.50 Sworn and subscribed to before me This :JrJ ~dayof jPh",~ 2001, A.D. ~o. ~ur r thonotary ,~. - ~ t "\ jj....,~ , o:a"~ .. \ \ \ ) So Answers: r~~4~. R. Thomas Kline, Sheriff BY (jd~J~ Re 1 Esta e Deputy ~ / -J-J 1;0,00 ~ po"t i!J \. w 19-1fJ ~' , , THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Go., 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 Oauphin, State of Pennsylvania, owner and publisher of Th e Patriot-News and The Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Synday 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 andlor Sundayl Metro editions which appeared on the 23rd and 30th day(s) of October and the 6th day(s) of November 2001. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personai 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 Oeeds in and for said County of Oauphin in (SCellaneous Book "M", v;~:~~;~:~:. ,~;;;~.;;;;;;;;;;;g;~~.;.....;..;;,;.~......o;.~~~......~~.~~;;. A.D. ____S_lLL--.E it~1 Notarial Seal --- REAL ESTATE SALE No. 31 Terry L. Russe". Notary PUblic /. __ Writ No. 2001.2889 Harrisburg, Daupnin County ....a Civil Term My Commission Expires June 6. 2002 NO )/ARY PU BLI C ~c' ,- ::f!o!,istarBankFSB Member, Pennsylvania Association ot Nolarl Y commission expires June 6, 2002 '<'-~o _~~ ,.~~ v~ _ _=- Mark A. Rundall '.....,;;.,..,--- ---U1k1a Mark Rundalr ~ ~-=-:=-=-.:..: Ally: Fraiilk-Federman ~ESCRIPl1ON .' ~ THAT C$.TAf:~ tract or parcel orland and ~=-premises, sifiiiife; lyt;"lg andbcing in the Borough of West Fairyiew ill the County of Cumberland ~ Contm.Q!1Wealth of Penn~ylvllnia, more ~cularly desCnDcd as follows: I ~ BEGINNING at a point on the West side of Third ;;;:Street,_which point is 25 feet North of the ==-northWest cOffierofThird and Clay Streets and on ~tPe division 1~15cfween'properties Nos. 300 and ~302 Thirq Street; thence North 10 degrees 30 minutes Wes04 feet to -a Point; thence South 80 ~rees West 34.7flO feet to a point; thence North iUQde,grces...3_Cfwnu!e.s. Wcs~ 3- 7(fOteet !o_[ point;. ' thence south 19 degrees West 6-5110 feet to a -=poiii:t;-thenct'S6uth 84 degrees West 34--7/1~ feet _ to [ point; thence North 69 degrees 30 mmutes ~West 16-8110 feet to a point; thence South 3 feet, more or less, to a point; thence South 72 degrees ,~, East 57-5/[0- feet to a point; thence North 80 _ degrecs_.&t, 40 feet and through the partiti~n _ wall separatina properties Nos. 300 and 302 Third StreeL_ancf.b~ond to a point, the place of I ~.EDlNNING. ~.ING porlions of Lots. No. 39 and 40 as shown . on the Plan 01 i.ots of William F. Martin's ~Aa(fition to: - Wes: Fairview as recorded in Cumberland Count " _reed Book 6--U, Page 601, - HAVING thereon et"'cted the Northern balf of a two-family_dwelling numbered and known as 302 Third Street, West Fairvicw, Pennsylvania. _ TAXPARCEL#45.17,1044-142. rmE TO SAID PREMISES is vested in Mark I _A. Rundall by Deed from T. Cbristopher Hadley and Dana S. Hadley, rus wife, dated 4120/95, '--c.o:i'CQ{t;k.d4!2{iI95, iaRccordBook 121, P.ase 2S6. , CUMBERLAND COUN1Y SHERIFFS OFFICE CUMBERlANO COUN1Y COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Or. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ $ $ 224.10 1.50 225.60 Publisher's Receipt for Advertising Cost )0., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of generai 'dge receipt of the aforesaid notice and publication costs and certifies that the same have By.................................................................... PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, ofthe 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: October 12, 19,26,2001 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 ofthe aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~ J L Rog M. Morgenthal, EdItor REAL ESTATE SALE NO. 31 Writ No. 2001-2889 Clv1l Flagstar Bank FSB SWORN TO AND SUBSCRlBED before me this 26 day of OCTOBER_ 2001 vs. Mark A. Rundall. ajkja Mark Rundall Alty.: Frank Federman ALL THAT CERTAIN tract or par- ' eel of land and premises, situate, ly- I ing and be1ng in the Borough of West Falrview in the County of Cumber- land and Commonwealth of Penn- ! sylvania, more particularly de- scribed as follows: , BEGINNING at a -point on the I West side of Third Street. which pOint is 25 feet North of the north- west corner of Third and Clay> Streets and on the division line be- ' tween properties Nos. 300 and 302 1- Third Street: thence North 10 de- I grees 30 minutes West, 14 feet to a pOint; thence South 80 degrees West 34-7/10 feet to a point; thence North 10 degrees 30 minutes West. 3-7/1 0 feet to a point: thence South 79 degrees West 6-5/10 feet to a point: thence South 84 degrees West 34-7/10- feeL to a p~int;_ thence North 69 degrees 30 minutes West 16-8/10 feet to a point: thence South 3 feet. more or less, to a point: thence South 72 degrees East 57-5/10 feet to a paint: thence North 80 degrees East, 40 feet and through the partition wall separat- ing properties Nos. 300 and 302 Third Street and beyond to a paint, the place of Beginning, BEING portions of Lots No. 39 and 40 as sho'WIl on the Plan of Lots of William F. Martin's Addition to West Fairview as recorded in Cumberland County' Deed BOQk 6-U. Page 601. ' HAVING thereon erected the Northern half of a two family dwell- ing numbered and known as 302 Third Street, West Fatrview. Penn- svl~j."l..._ _m_._~__ _ '" ~/;,) tats ~crjJA./ NOTARIAl 5 e lOIS E. SNYDER, NoIaly Public Callislel BolO, CumOOrlalld County My Commisslon ElqliIes Mafc115. 2005 .- , f- ~- l 1 '" STATE OF PENNSYLVANIA, COUNlY OF CUMBERLAND } ss. Robert P Ziegler I, ____________________________________________________._________________________Recorderof Deeds in and for said County and State do 'hereby cenify that the Sheriff's Deed in which ________________ Flagstar Bank FSB . --------------------------- .-------------------- h_______________________________h_ is the grantee the same having been sold to said grantee on the -----~_:.~______________________________h______ day of _________D!'.!i:____________________________ A. D., 1 ~~___. under and hy vinue of a WriL_h_______h_ 10th Execution . ____________________________ -____ _______________ ISSued on the ___ _ h ____ h_ ___ ___h_ ____ h __ ____ ___ S t 01 , day of ____!'.P____________________ A. D., _____, out of the Court of Cornman Picas of said County as of 01 Civil ------------------------------...----------------- --__ _____ ___ __________ ______ _____ Term, : . 2889 Flagstar Bank FSB Number ______________, at the suit of _____________n________________________________________h______ Mark A Rundall aka Mark --------------------____...______ __ __ against________ _______ ___ __..__ __ ____ ______ ____ ______ ____ ___ is 249 3385 duly recorded in Sheriff's Deed Book No. _h__h__h_' Page __h________. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ----l'1----- day of ________~~~J_::':'_________ A. D., U.~L -~~--8-'--~!~\:!:a~~ Recorder of Deeds, Cumberland County, Cartisle, PA My Commission bpites the firnt Monday 01 Jan. 2002 .. l: 2001-02889 P SHERIFF'S RETURN - REGULAR "'""" . ~~ ~~_J",,,l. .clALTH OF PENNSYLVANIA: ,".y OF CUMBERLAND FLAGS TAR BANK FSB VS RUNDALL MARK A ET AL RICHARD E. SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE RUNDALL MARK A A/K/A MARK RUNDALL was served upon the DEFENDANT , at 1653:00 HOURS, on the 4th day of June , 2001 at 302 THIRD ST WEST FAIRVIEW, PA 17025 MARK A RUNDALL by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.92 .00 10.00 .00 37.92 So AnS?~~ R. Thomas Kline 06/07/2001 FEDERMAN & Sworn and Subscribed to before By: me this ;U. ~ day of ~ J6v/ A.D. ~t2 /1".il;.> ~ . Prothonotary j I , " d, , ." L " - ~< ,-, ~,-,; ;:rP6- .. AFFIDAVIT OF SERVICE PLAINTIFF FLAGST AR BANK, FSB CUMBERLAND COUNTY No.01-2889 CML TERM DEFENDANT(S) RUNDALL MARK A. RUNDALL, AlK/A MARK Type of Action - Notice of Sheriff's Sale SERVE MARK A. RUNDALL, A1K1A MARK RUNDALL AT 302 THIRD STREET WEST FAIRVIEW, PA 17025 Sale Date: DECEMBER 5, 2001 SERVED Servedandmadeknownto ~a.(\.k A. RIlt-lcla-\t at 7:/5 ,o'clock~.m,at 300/. 3~J S~'I , Defendant, on the Wes.f ~;~V;~-..) 8.0 f~ dayof S'~ff. ,2001, , Commonwealth of Pennsylvania, in the manner described below: )( Defendant personaIly 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 ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: I \~Il:.''''~1!. , a true and correct copy of th the address indicated above. Age$- L. C,jt.\ I Height ~ (v... Weight jBi Race !Ai '^ Sex A Other q1c~~ 4~ k ~~lfL 'J It , a competent adult, being duly sworn according to law, depose and state that I personaIly handed otice 0 . r s Sale i the ll1ilnner as set forth herein, issued in the captioned case on the date and at Notarial Seal Stacy L. Heefner, Notary Public . Chambersburg Bora, Franklin County Sworn to and s~9~'i'bed My Commlsslo pi, Aug 5.2002 ~~~~::~f}~~~1Y ~Membe'. Penns am oelatlon 0' N 's NO~~. By: l!) (J Ot NOT SERVED On the --c-.._ day of ,200_, at o'clock _.m, Defendant NOT FOUND because: Moved Unknown No Answer Vacant Other: Sworn to and subscribed before me this __ day of _, 200 _' Notary: By: Attornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center Suburban Station, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 E~h~-''1.%mir~~~1'~!id[~;iih''J}Mil,!i\l&;m;....'~''''\1*,:hi\.'''h'1,,'!dU';d'__>'ki"':i;k~""'1i'H,U;I<~l!i,""''':L~'1A1'llJ.'ll~~~=-' ~.-l'\!nt-~ ~ ~,~.>,)Jd1LE~I~~._ ,t""n nUL.. , = _", .,~~ w "~ l,r - '"""'lTh<lb...LL (') c- ~lf ~~.. ..).>,--, -;7 >-~~ >'C Z =<! 1lI~ ~.'" ~ -."':. c;::) o ::-') -J ~) -> ~ -< co 11I\ ~,,"" , . ~~~ ~__ J_ j , - ',~ " ~' - ~h:if~'~~ 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 FLAGSTARBANK, FSB 5151 CORPORATE DRIVE TROY, MI 48098 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS Plaintiff VS. : CIVIL DIVISION 0/. ~f1 : NO. 99 18n CIVIL TERM MARK A. RUNDALL AIKIA MARK RUNDALL 302 THIRD STREET WEST FAIRVIEW, PA 17025 Defendant 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 MARK A. RUNDALL AIKIA MARK RUNDALL, Defendant, 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 8/1/00 TO 12/19/00 $58,952.75 $944.24 TOTAL $59,896.99 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) notice has been given in accordance with Rille 237.1, copy attached. jr{jfl[ tl!iMlllJl7 ~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. . ~.. .. DATE: ,J, I"~ It.. ;;tOOl (;n-k-) 7 { . PRO PRO "TIllS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR TIlAT 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 ATI'EMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. " ~........-~-.,,,,,...., ~. .f' " '<Ie I ~~ --~. ,~"'~'" '-;""-~i' It. . JUl 132001 08:36 FR CUMB5~~~~P_~O ~H~Rlf~?!?,24~_~~~7_~g 912155637588 P.02/02 CASE NO: 2001-02889 P . COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FLAGS'1'AR BANK FSB VS RUNDALL MARK ,A ET AL RICHARD E.SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE RUNDALL MARK A A/K/A MARK RUNDALL was ,served upon the DEFENDANT , at 1653:00 HOURS, on the ~ day-of June , 2001 at 302 THIRD ST WEST FAIRVIEW, PA 17025 MARK A RUNDALL by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Ris attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.92 .00 10.00 .00 37.92 So AnS?~~ R. Thomas Kline 06/07/2001 FEDERMAN & Sheriff Sworn and Subscribed to before By: me this day of A.D. Prothonotary ** TOT~l P~GE.02 ** L - ~~- ~" '-. . ~~iiilla!:; ..' 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 FLAGS TAR BANK, FSB COURT OF COMMON PLEAS CIVIL DIVISION vs. MARK A. RUNDALL, A/K/A MARK RUNDALL CUMBERLAND COUNTY NO. 01-2889 Defendant(s) TO: MARK A. RUNDALL, A/K/A MARK RUNDALL 302 THIRD STREET WEST FAIRVIEW,PA17025 FILE Copy DATE OF NOTICE: JUNE 26.2001 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, P A 17013 (717) 249.3166 Frank Federman, Esquire Attorney for Plaintiff -, b,'": I", ' ~i ' ' l',j " , ., J" .~ "'-~'\i! " .0 FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburbari Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff FLAGSTAR BANK, FSB : CUMBERLAND COUNTY Plaintiff : Court of Common Pleas vs. : CIVIL DIVISION MARK A. RUNDALL, AlKJA MARK RUNDALL : NO. 01-2889 CML TERM Defendant 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 is 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 of1940, as amended (b) that defendant MARK A. RUNDALL, AlKJA MARK RUNDALL is over 18 years of age and resides at 302 TIllRD STREET, WEST FAlRVIEW, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 1rr;nk:- 1 ()dil111~ FRANK FEDERMAN Attorney for Plaintiff illli~~' ~.~.-. , ~ Ji. l . !_.' .~- '-=~ Il""'~""i-, .' . ~ . (Rule of Civil Procedure No. 236 - Revised) FLAGSTAR BANK, FSB : CUMBERLAND COUNTY Plaintiff : Court of Common Pleas vs. : CML DMSION MARK A. RUNDALL, AJK/A MARK RUNDALL : NO. 01-2889 CML TERM Defendant Notice is given that a Judgment in the above captioned matter has been entered against you on JULY /1. ,2000. . ~v Mn/h1?' P .7pMLV .(TIEPUTY If you have any questions concerning this matter,please contact: FRANK FEDERMAN. ESOUIRE Attorney for Filing Party One Penn Center at Suburban 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 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 LmN AGAINST PROPERTY. "" ~jj;jii~i~ik~;i~~~iilli€""11l;~i~iilt"%.-.gr.1~1l..\iJt>:"1:",,,"j<"';!'-'i'~-" "~"-;V' ",+,s ,_ 'l;__'d~~~i;-ili'W~Jti,m~_a.~i_~.'!Ii'~,iJJi~t!jiill!;j~j~ilBi><'i-;W~!Bl!i~fiHjili~i"~~~'"""-'''''~ . ~.., rrl\li'il'" ~~ ~ ~ ~ f ~ r J:~ \,~ '---'-..., ~ -Tll :! UlIllLl :. ,~'"_, ~, ~,,- "~~. <_'~'~'_'., . "~ '_Yo_ .' , .... ..... C) C', CJ :~- ~ "",J .l:-" -- I ~~ . ~ ~. "' ." I,!. ~"- , . .; ........~ "'~Ii<t - PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 FLAGSTARBANK, FSB Plaintiff, CUMBERLAND COUNTY v. No. 01-2889 CIVIL TERM MARK A. RUNDALL, AfKJA MARK RUNDALL Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $59,896.99 / Interest from 7/13/01 to 12/5/01 (per diem - $9.85) $1,428.25 and Costs TOTAL $61,325.24 , ESQUIRE ER at SUBURBAN STATION Note: Please attach description of property. No. ~~ii~t~~itit'dii~ir~-i,';i*i$il,@~'<&i,t!0:%1'~;",,-_-:-,;, ., -, ",",;;:oJ8"",,~!~~~~_~~~~,,",,~M'~~ '" ~ ~.~ -- " ""," '" < , ><<1( or> M <:> t- .... < ~ ti ~ ... ~~ ..:I ~ ~ Z ~ ~ 0 Eo< "'> ... <..:I ; Eo< '" ~;>< ~ ~ It", ~ U .-d ~ ~~ 0) Z~ '" ~ O~ ~ ~ ;:I ~ r!l '" ~~ :i 0) ~ . ~ ~ 0": .D 01:: ... ~ Eo< .. UZ ~ .; i:il~ s ~~ ~ .. ~~ '" 00 ..s i) Eo<U Eo< ~ ~~ g- '" 01:: p. ~~ ~ ~ ~O 0) ~6 i) 8~ s ; ~ ~ ... ;,; ~~ -< U '" ~ 0) ~~ .;s ~ ~ 0) - < .~ ~ ~ ...u ~ (") 0 0 c - ~T1 g. (/) ::j -OW Cd ~:h~ rn'fj'"; Z::L, --,~\ ''Y zr;:; -.., m",; c:> :gC) ,,<.~ ~CJ 4) "-:(~ ~o > '':=:./0 >0 w iSrn ~ ., =:j N ~ .(;"" l.~",~__ LX_:.__ lL,Ul1:LJSIrJ.1rl~L IlIL ~==__,"~. ,_~~" ,_ .,~_ II .~~ . ~r ,. ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of West Fairview in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the West side of Third Street, which point is 25 feet Nonh of the northwest corner of Third and Clay Streets and on the division line between properties Nos. 300 and 302 Third Street; thence Nonh 10 degrees 30 minutes West, 14 feet to a point; thence South 80 degrees West 34-7110 feet to a point; thence North 10 degrees 30 minutes West, 3-7/10 feet to a point; thence South 79 degrees West 6-5/10 feet to a point; thence South 84 degrees West 34-7/10 feet to a point; thence North 69 degrees 30 minutes West 16-8110 feet to a point; thence South 3 feet, more or less, to a point; thence South 72 degrees East 57-5110 feet to a point; thence North 80 degrees East, 40 feet and through the partition wall separating propenies Nos. 300 and 302 Third Street and beyond to a point, the place of Beginning. BEING portions of Lots No. 39 and 40 as shown on the Plan of Lots of William F. Martin's Addition to West Fairview as recorded in Cumberland County Deed Book 6-U, Page 601. HAVING thereon erected the Northern half of a two family dwelling numbered and known as 302 Third Street, West Fairview, Pennsylvania. TAX PARCEL #45-17-1044-142 ../ TITLE TO SAID PREMISES IS VESTED IN Mark A. Rundall by Deed from T. Christopher Hadley and Dana S. Hadley, his wife dated 4120/95, recorded 4/26/95, in Record Book 121, Page 286. ~~~W:fiMlti~lliUt~i~~~1tt'k1ii>%~f"~"'''~:.l'''M.H.j.'';''~';';;''''.dii4llai;~~i~'jillaIt'''''''-:fl:!''~' It :.& ~~ ...... ~ 0' ~ "- c.... ~ ~ if;l!li\tllJflC '[ _, 1 "lI!1Jr.~~ ", ,.. ~ ~~-"-~,,,- .~ -" " ~!IliI~~c., i"fF ''"-'' .<r""-"'~-'~nl -" f~ - 10 ~ c1 ~ 1-' ...... <0J 8:----' , ~ ~ ~.~ ~ 9'\ ~ ~ ~ } o ~ -om rnrn Z:;;l:i Z' ~~ ~CJ "%0 <<",0 ;P'C: ~ o . <f) ,.." .." o -n --\ Cl .." --.".. -- . '~,:JJ - I'f~. _.""m ':'1"""-\ f') ):, ~~~ Ofll C4 :;" ::2 t...:> .' !"<.> '.I'"" ~~ @ "- ~. II f-~.~ ". .1. . ,. 1;1 . '. " .,'>.,"-.-''_:-'"i Ri:f . FLAGSTAR BANK, FSB CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS MARK A. RUNDALL, A/K!A MARK RUNDALL CIVIL DIVISION Defendant( s). NO. 01-2889 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) FLAGSTAR BANK., FSB, 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 302 THIRD STREET. WEST FAIRVIEW. PA 17025 1. Name and address ofOwner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) MARKA. RUNDALL, AlKJA MARK RUNDALL 302 THIRD STREET WEST FAIRVIEW, PA 17025 2. Name and address ofDefendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) FORD MOTOR CREDIT COMPANY PO BOX 6508 MESA, AZ 85216 , ---~_....-.....~ _.J,.-, " ~"-~ ~" -," - it;;.~ ; 4. Name and address ofthe last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) EAST PENNSBORO TWP. 98 S. ENOLA DRIVE ENOLA, PA 17025 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 302 THIRD STREET WEST FAIRVIEW, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania DepartrnentofVVeffiare 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. e.s. Sec. 4904 relating to unsworn falsification to authorities. August 28.2001 DATE t _" . _k..1 '-," '"" "",-,;. ," "" ", 1i 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 FLAGST AR BANK, FSB Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION MARK A. RUNDALL, A/KJA MARK RUNDALL NO. 01-2889 CIVIL TERM Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ,~il!S-tiitl!!iM!lL'1I:~~!;*MiiiiR~i-'.lim>M~~~tM,'.Ji\'Eij~t:i:1,R\:"'(i',,,U,-_~'-Ai';"""" i"d'%l1rllidrW1~_~_~'c.,- '--.~~_~ $ ,~~--WLJ:_ -~L,_~]i1U~,~iJ~:,.UUDQJL WOOfL -~--- " , ~, ~ '"lj'~~- -^-~ ,- -,~ .-.. "'-"IIiIi[""""--~ 2 0 ~ ~. c.n -CUi rT1 '~g~ mni -0 '-7 ;tJ ,- zx;;~ 0 \--.;l..., (/':t~--" ;;?'~i f26 -0 ,-J~:!J ~ <.J"') ):>:0 5"" ~o 'i! :J:>C --'-' ~ N ~ c- II ",-~ .= " ., i..,;]" I I' ,__ "' ~,-_' '-. .~"_ ~ ~" .;.> , ~;~, 11f' ~ FLAGSTAR BANK, FSB Plaintiff, CUMBERLAND COUNTY v. No. 01-2889 CIVIL TERM "-"<1'" MARK A. RUNDALL, AlK/A MARK RUNDALL Defendant(s). August 29,2001 TO: MARK A. RUNDALL, AlKJA MARK RUNDALL 302 THIRD STREET WEST FAIRVIEW, P A 17025 -'TillS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, TillS 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 302 THIRD STREET, WEST FAIRVIEW, PA 17025is scheduled to be sold at the Sheriff's Sale on DECEMBER 5, 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by FLAGSTAR BANK. FSB (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for the MARCH 6, 2001 Sheriffs Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERlFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. . ~-~'" -,--, "-~ " . '.~-;""--'-' " , '~~ ;;:& ~ 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 ifthe 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 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 . " , ,~ ,-I p,' <, -,'If cJ ... ~...... ;?"' ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of West Fairview in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: ' BEGINNING at a point on the West side of Third Street, which point is 25 feet North of the northwest corner of Third and Clay Streets and on the division line between properties Nos. 300 and 302 Third Street; thence North 10 degrees 30 minutes West, 14 feet to a point; thence South 80 degrees West 34-7/10 feet to a point; thence North 10 degrees 30 minutes West, 3-7/10 feet to a point; thence South 79 degrees West 6-5/10 feet to a point; thence South 84 degree:s West 34-7/10 feet to a point; thence North 69 degrees 30 minutes West 16-8/10 feet to a point; thence South 3 feet, more or less, to a point; thence South 72 degrees East 57-5/10 feet to a point; thence North 80 degrees East, 40 feet and through the partition wall separating properties Nos. 300 and 302 Third Street and beyond to a poim, the place of Beginning. BEING portions of Lots No. 39 and 40 as shown on the Plan of Lots of William F. Martin's Addition to West Fairview as recorded in Cumberland County Deed Book 6-U, Page 601. HA VING thereon erected the Northern half of a two family dwelling numbered and known as 302 Third Street, West Fairview, Pennsylvania. TAX PARCEL #45-17-1044-142 ./ TITLE TO SAID PREMISES IS VESTED IN Mark A. Rundall by Deed from T. Christopher Hadley and Dana S. Hadley, his wife dated 4120/95, recorded 4/26/95, in Record Book 121, Page 286. IIl!OLlL 'ii4#;Ili\IiM~~ml<Jf1m!;.@R~~!lt!ti',,,:i.'i@j!l;!!;J:CjiliWa",1ii!0Aikiffi@~~,,,',;,i'I-!<:ic-''''-''~'!m.~;'1-",",~0&.dg~~,.'dii;m""'-"W'1il'lidf~<liilii ~-s ~ :rf!;!fr~;r;c,t~;,h.,.,~<-~~~::tttJL':J~;urJ,m;;,~;h:~j~~""_~n,,.y,","_,,,_,",.,,,. =. ~ .,"''',,'" " ,.~ " " !lIlIi" l{~;IIll& j:...,....J<I~ -~fJ~- ,'"~j'I!ili~~::' \'1:\' . ~'''. 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