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HomeMy WebLinkAbout01-06925 --- '... 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 FLAGSTAR BANK, F,S.B. 5151 CORPORATEDRNE TROY, MI 48098 ATTORNEY FOR PLAntTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff NO, 0/- (09d) c.,v;' v, CUMBERLAND COUNTY WAYNE ABEL GREGORY WAYNE ABEL 406~LESTREET MECHANICSBURG, PA. 17055 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE "TillS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AWD 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 TIlE OFFICE SET FORTH BELOW 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 Loan #: 998027765 -'~~" ,,'~"~' ' o ~", , -C";'" _ , c., , . .. I 'r' _, , " "~'l.\! X"Li.f . ~~ ~ ~ "~'".' '~. '-H , .,. ,~!,t ,,:,.~,.~_ IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM TIDS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. . < .~ , '''f - ~, ',' ".. f- ,~ " I', ,~ ~~ . > '1~ 1. Plaintiff is FLAGSTAR BANK, F,S.B. 5151 CORPORATE DRIVE TROY, MI48098 2, The name(s) and last known addressees) of the Defendant(s) are: WAYNE ABEL GREGORY WAYNE ABEL 406 MARBLE STREET MECHANICSBURG, P A. 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described, 3, On 12/17/99 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to 1ST CENTRAL MORTGAGE, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1590, Page 297, By Assignment of Mortgage recorded 113/00 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 634, Page 1021. 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 7/1101 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. IT.c ."' ,~"r , , " . ", ,. .- . ~ .... - ~~ ~ v ~., ~__,~ ~,r . . 'n,'~_ 6. The following amounts are due on the mortgage: Principal Balance mterest 6/1/01 through 10/1/01 (per Diem $19.93) Attorney's Fees Cumulative Late Charges 12/17/99 to 12/1/01 Cost of Suit and Title Search Subtotal Escrow Credit Deficit Subtotal TOTAL $83,128,68 2,451.39 1,000.00 165.20 550,00 $87,295,27 0,00 79.62 $ 79.62 $87,374,89 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 cer1ified mail as required by 35 P,S. Sl680A03c, 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; or (ii.) Defendant(s) application for assistance has been rejected by the Pelmsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $87,374,89, together with interest from 10/1/01 at the rate of $19,93 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. ... -, . "c', 1"" ' , 1~-, '1~ldti~~- FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff "..."..,""- l;'_ / -"';\~, - -~ "-_""h___ MADE THE nt" day of ~be.r- in the year of our Lord one thousand nine hundred ninety-nine (1999), BETWEEN CANIO A. SALESE, a single adult individual, of Cumberland County, PennsylvQflia----------Grantor, / and WAYNE ABEL, single adult individual, and GREGORYWAYNEABEL a single adult individual, 'of 406 'East Marble Street, Mechanicsburg, Cumberland County, Pennsylvania------------------------Grantee, WITNESSETH,that in consideration of -----($75,000,00)--- ---------Seventy-Five Thousand--------------------Dollars in hand paid, the receipt whereof is hereby acknowledged the said grantor does hereby grant and convey to the said grantee, ALL that certain tract of I.nd situate in the Borough of Mecharjicsburll, County of Cumberland and St.te of Pennsylvania, mar. p.nicularly bounded and described as follows, to wit: BEGINNING al a point on Ibe ,oulh side of East Mnrble Street (52,5 feel wide) lit (he dividing Jine behveen Lots Nus. 14 nnd 15. Seelion "C", on the hereinnfter mentioned plan of lots; thencc along said dividing line South 18 degrees 39 minutes E351151.26 feet to a point; thence South 72 degrees 48 minules West a distance of 65.02 reet to Lol No. 13, Section "C"i lhenee along said Lot No, 13, Section "C", North 18 degrees 39 minute. West 149.62 feel to the soulh side of Ea.t Mnrble Str.et; thene. along the south ,ide of East Marble Strret North 71 degrees 21 minutes Easl55 feel to Lot No. 15, the place of BEGINNING, BEING: Lot No. 14, Section "C", in the pion of B10ekburn Village, as ",corded in the Cumberland County Recorder's Ornee in Plan Book 5, rage HAVING thereon ereeled a single hriek dwelling house known and numbered ns 40G EllSl Murhle Street, ::'" ~'''ten' -- ~ :,r' , ~" ~~ ,~. " _~~,1II:.; 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, 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 authorit' s. ----- DATE: /2 /()'11a I """'~"< '.. ,~~~Illn:_~ _ 1M'II!_l--:-"'"'~~."'-.''''~L ,.,=~ """""'1"'~~"'''''''''liH;;',*-; .~," ~ ~ -,~.." ,-~-,'" , - ~ ~ ~ 0 r,;:- ~ ~ "-- -, - t ~ ~ ~ "-'0 ~ ~ .,_ ~, , ," " _ _"~ 0 "' "t.1, _ () \ c ~ Y) '8 S2~! Z:r- ~. 8 ~ ~c; " ~~; ~ 1-1 =,;:~; rt,\ I =< t ~ '" ~ ~ ~ ,,=t.:: r_DO! -0 ~;.~JIiF, ~_'if'1.w.;;m~>It!~~I~~~!\'ljl~GI1~~~~~:W-Ji'.t(}:;,'V.o,I,}",;"-'~.)",'-' i-- ~ (l> ~ <;:, f G C,;, n --h ::-:1 --::,"j""; ;::.::1 P1 C') -J --. :~l ,., ~.n , '~-::) .~c;. ". ) f'-,.,) "-',';' -~] :IJ -< .- O-'",-"C~>fjO ,;,~, ,-,,-,;~:>,:,p,g,rt'}\f.-'#<'il:#i!,jfil'!'ig~e,:'i><~lilt''Iqi!);'';:f;;H1~~!r~<ix"i7'W1;'t~~:i\l~i~.i u[- ., - SHERIFF'S RETURN - REGULAR . CASE NO: 2001-06925 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FLAGSTAR BANK FSB VS ABEL WAYNE ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon A,BLE WAYNE the , at 0945:00 HOURS, on the 12th day of December, 2001 DEFENDANT at 49 ASHBURN DRIVE SUITE 51 /lIECHANICBSURG, PA 17055 by handing to lilAYNE ABEL 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 5.85 .00 10.00 .00 33,85 So Answers: r~~~ R, Thomas Kline 12/13/2001 FEDERMAN & PHELAN me this f~+C.. day of ,JJJol A.D. Sworn and Subscribed to before By: ---- .~ / ~ '-~'''''<%}"i1''~~~~ ~~il>, 'r-" ,~ ," '". . ,l'"1Ill!f .""""~~""9~ SHERIFF'S RETURN - REGULAR . , CASE NO: 2001-06925 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FLAGSTAR BANK FSB VS ABEL WAYNE ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ABLE GREGORY WAYNE the DEFENDANT , at 1057:00 HOURS, on the 11th day of December, 2001 at 406 E MARBLE STREET MECHANICBSURG, PA 17055 by handing to JEFF ABEL, BROTHER a true and attested copy of COMPLAINT - MORT FORE to'Jether with and at tne same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 4.55 .00 10.00 .00 20,55 .../J/ v:# ~~,..?c.,r",::-/~ R, Thomas Kline' 12/13/2001 FEDERMAN & heriff Sworn and Subscribed to before By: me this day of ~ A,D. , '.'''-i'''.;;"",~I;:;~ '""""'In"JlI!jl'~'_ ~,WJi:'J -- ~~~!I1I%1' - ~ ./ ' FLAGSTAR BANK, F.S.B Plaintiff, CUMBERLAND COiUNTY v. No. 01-6925 WAYNE ABEL GREGORY WAYNE ABEL Defendant(s). January 22,2002 TO: WAYNE ABEL 49 ASHBURN DRIVE MECHANICSBURG, PA 17055 GREGORY WAYNE ABEL 406 ~ARBLE STREET MECHANICSBURG, P A 17055 "THIS FIRM IS A DEBT COLLECTOR A TTEMPTING 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 ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY. ., Your house (real estate) at. 406 MARBLE STREET. MECHANICSBlURG, PA 17055, is scheduled to be sold at the Sheriff's Sale on JUNE 5. 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 85.400.70 obtained by FLAGST AR BANK. F.S.B (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 ~A Y BE ABLE TO PREVENT THIS SHERIFF'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 fmd 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.) ""ij,'~"O" "< ,,1'<'~ " _''^,,_ ",--- '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. 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 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 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 ofthe 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 ",'j~~l,:r;lI_.",.~i7"~ , , ,"___.~. ., -~r ,"- , -- . r__~_'FI ,~ I- I DESCRIPTION / ALL THA T CERTAIN tract of land situate in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the South side of East Marble Street (52,5 feet wide) at the dividing line between Lots Nos. 14 and 15, Section "C", on the hereinafter mentioned Plan of Lots; thence along said dividing line South 18 degrees 39 minutes East 151.26 feet to a point; thence Somh 72 degrees 48 minuites West a distance of 65,02 feet to Lot No, 13, Section "C"; thence along Lot No, 13, Section "C", North 18 degrees 39 minutes West 149,62 feet to the South side of East Marble Street; thence along the South side of East Marble Street North 71 degrees 21 minutes East 65 feet to Lot No, 15, the place of beginning. BEING Lot No, 14, Section "C", in the Plan of Blackburn Village, as recorded in the Cumberland County Recorder's Office in Plan Book 5, Page HA VING thereon erected a single brick dwelling house known and numbered as 406 East marble Street. Tax Parcel #038 Tax Map #24-0789 ':~ . li~' -,""iW;f.'~--m I, _ ,1'\,_ - ~~ p'. ..-- --,=-,- " ,~,' ~ ,," J~""",!,,~.#'If.1f'~"~~~lI!~~,.,~ , - e 0_<' ~ _~__ '" ~, - 0 0 0 C f'-' --;1 :s: , v c ~ m n~ I -:7 --,-, , 2:5: r-.) rn ~~',:- '-0 :'<; C[I r:;"", ~-:~:'CJ ~~' -0 ::i:j ""7"0 =r: ,-") C-) 5;~;~ w :~~:i rTl ~ :;-::: f-':> c;:;: ~ :D -< (:) ~~ ~...~ , ,~~~~"Jj;>r':"'~;l"" -;-:0';,:,1",-;-" ",ht:'i~'''._\,ll''I!i'{~Ll" e_ KIT-m.1;1,"'"'li'....:'~':'-~"'~I~~~ i FLAGSTARBANK,F.S.B Plaintiff, CUMBERLAND C~TY COURT OF COMMpN PLEAS CIVIL DIVISION v. WAYNE ABEL GREGORY WAYNE ABEL NO. 01-6925 Defendant(s). AFFIDA VII PURSUANT TO RULE 3129 (Affidavit No.1) FLAGSTAR BANK, F.S.B, 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. 406 MARBLE STREET. MECHANICSBURG. PA 17055. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WAYNE ABEL 49 ASHBURN DRNE ~ECHANICSBURG, P A 17055 GREGORY WAYNE ABEL 406 11ARBLE STREET ~ECHANICSBURG, P A 17055 2. Name and address ofDefendant(s) in the judgment: WAYNE ABEL 49 ASHBURN DRNE ~ECHANICSBURG, P A 17055 GREGORY WAYNE ABEL 406 J\1ARBLE STREET ~ECHANICSBURG, PA 17055 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, -'-''f!~li, ,.~, ' ~ -~ ',,", I; ~ ~ = ~~~~~'''~''f"",~__~". # 4, Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if addre~s cannot be reasonably ascertained, please lndicate) Bank One, N,A. PO Box 710097 Columbus, OH 43271-0097 Beneficial Consumer Discount Co, d/b/a Beneficial ~ortgage Co. ofPA 4910 Carlisle Pk., Suite 104 ~echanicsburg, P A 17050 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 406 MARBLE STREET ~ECHANICSBURG, P A 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 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, January 22. 2002 DATE ~~ tL FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ;~-',^,;:;Iijl;!lOll~ - ~ ,~ ,', ~ r,,,,, - rllJl1:! ",,"' ...... ~ .," ~"''''""i''!1'1''';~-',~' _~ ~ ~~Jffl'J!1!l ,,''''"''''< IHJ 1 ~,~, ,.-, - - >.,~_,~__,_w~,"~,,~, - ~',-,,,,, . 0 a 0 c ,'V <:- ,j "1:JIT: '- ~~!f nlp'c ,:-C c " .2'::r: .'- ..:_~ r f',) -.-----, CO )> U) c;:i -<Z ~C: . ) ~c: -::r ~ .L:..r-, ::!C c) :J:.--"C ::...:J ~:; r1' Z =<! ,'0) .1>- (::J :0 -< "'"r:"~r~~;'>l!'!-W1t"r''i-'''$~1!!.",,,,!~<,:,:qf!AAij!~~;"~;~~,L~~~Ullfl~~~~~~",~ ~1.!i1~mnp~i ~,,"i ,ii!!:_. _~ . FEDE~ANandPHELAN By: FRANKFEDE~AN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF.KENNEDYBLVD., SUITE 1400 PHILADELPIDA,PA 19103-1814 (215) 563-7000 ATTORNEY FOR PI.AINTIFF FLAGSTAR BANK, F.S.B Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION WAYNE ABEL GREGORY WAYNE ABEL NO. 01-6925 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, 1~~, FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff " ",-"~ < r. "1'- , t '" ~ ~~ . ,.- ~, , .~" "o~ '." '1-' "~~ , ^~.~ =.,~."",-,',""~-'--- '" -'" ,'-,"'''''"'','-,- ,-",-",- ~ "... "'-~~'.-, ''''"~~A~'" (') C ~~~ c: /,-, :;e- -o~ C_ m"~ :,:= m ;;i--:: :l~ 7-,'-, z( N ,'n ~~~~ 1..0 ~ -~i 'r' '~~ ~.. "'-' ''0 :zO """1:-" -'~" " 5>U "-' C~~~ c: Z I'V s;! ~ -< 0 ::0 -< '~'~i ~ ,?- ,,-h~-' - _"_""f~~'~~""_'"~<,:,_,,_~!,~!I''f'''"''''~.4I~,U~f!\~~'l!1!'I~,"I'''''"Y"""l?'-~'",~~"))'i\''''i;;;I~~~.lt1J;.Ii~I\~U21r.[], I' 117~~li!i~~'II:~}~~;~: _ FEDERMAN AND PHELAN > By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F.KENNEDY BLVD., SillTE 1400 PHILADELPHIA, PA 19103-1814 (215\ 563-7000 FLAGSTAR BANK, F.S.B 5151 CORPORATE DRIVE TROY, MI 48098 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DMSION v. NO. 01-6925 WAYNE ABEL GREGORY WAYNE ABEL Defendant(s). PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor ofthe Plaintiff and against WAYNE ABEL and GREGORY WAYNE ABEL, Defendant( s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 10/01/01 to 1/22/02 TOTAL $83,128.68 $2,272.02 $85,400.70 I hereby certify that (I) the addresses of the Plaintiff and Defendant( s) are as shown above, and (2) that notice has been given in accordance with Rule 237,1, copy attached, '4~X ~ FRANK FEDERMAN;EsQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. ~ DATE:,- )2"". ::J.CJ, ;tOO.J....... (JL.,,b-/;;; .J 1<. PRO PROTHY '''''''~'''C, r"~,,,~ lil.1 -f~ ~ f" J," ""-~~ ~~ ~ "- -."" ,,,~~~ (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FLAGSTAR BANK, F.S.B 5151 CORPORATE DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 01-6925 WAYNE ABEL GREGORY WAYNE ABEL Defendant(s). Notice is givt;:n that a Judgment in the above-captioned matter has been entered against you on . b. ~.;A 2001.. ~ /2a.,.f).~.2r~ DEPUTY If you have any questions concerning this matter, please contact: F~FEDER]JAN.ESOtmRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F, KENNEDY BLVD" SUITE 1400 PHILADELPHIA, PA 19103..1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VB PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCENDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** I. "~"'%i'~"'" "_ ,_ ,...,~~ F- 'I . ~ I ~"' "" ," '" .~- ..;~,~,__~,~.m',,',."~ ", ~'~I,"",Y!.' 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 FLAGSTAR BANK, F.S,B. CIVIL DIVISION Plaintiff vs, CUMBERLAND COUNTY WAYNE ABEL GREGORY WAYNE ABEL NO.01-6925 Defendant TO: GREGORY WAYNE ABEL 406 MARBLE STREET MECHANICSBURG,PA 17055 DATE OF NOTICE: JANUARY 3,2002 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 ,~ith 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 -k..--' ?d~ Frank Federman,Esquire Attorney for Plaintiff '''0''''~J:l ^~ _ ~ 1,' ,r ~" ..- =" .#>l 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 FLAGSTAR BANK, F.S.B. CIVIL DIVISION Plaintiff CUMBERLAND COUNTY vs, NO. 01-6925 WAYNE ABEL GREGORY WAYNE ABEL Defendant(s) ~"_' -i;; ,':",) '} ,_' '0'~ ';:' it. TO: WAYNE ABEL 49 ASHBURN DRIVE MECHANICSBURG, PA 17055 DATE OF NOTICE: JANUARY 3,2002 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 HA\~ 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 /)___4' .~ Frank Federman, ES~lire Attorney for Plaintiff "'Y~_j}l!l1;~." "..,..~, " ._" -, r _'~ "' 11""-' ~,"_._~"''''''''WP'''''''''''~""",,,,,,,,,,,- FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BL YD., SUITE 1400 PHILADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLA.JINTIFF FLAGSTAR BANK, F.S.B 5151 CORPORATE DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 01-6925 WAYNE ABEL GREGORY WAYNE ABEL 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 ofthe following facts, to wit: (a) that the defendant(s) is/are not in the ~ilitary 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 WAYNE ABEL is over 18 years of age and resides at , 49 ASHBURN DRNE, ~ECHANICSBURG, P A 17055 . (c) that defendant GREGORY WAYNE ABEL is over 18 years of age, and resides at , 406 ~ARBLE STREET, ~CHANICSBURG, P A 17055. This statement is made subject to the penalties of 18 Pa, C,S. Section 4904 relating to unsworn falsification to authorities. W~_ FRANKFEDE~AN,ESQUIRE Attorney for Plaintiff "'~,:.T, J-'< ., , ~r" - ~ , J~.~" ~ ~-~_E-T'-~ ~~~,-,~. - , " ,~"'^ ~y,,__ __, _ _~~. _~" ~ ~'_~,'<U_H-""""""<",=_.''''',_._>",-,.""~,,,, __~,~ "11I111r"id'YI" g~R ~ It II F ~ ~ - "-3 ~~~ -. ~ r 1~~, _~;<"-w. lllI'lIL~L_~~~.!'I!f ~ () () -U F ~ '-<.~ (') Cl 0 C N :?:~ " -qq~ (- );';'Eo rr.r. ' z ~ Z-' zf' " N -, ~';--1 0!~~: IJ:) 0 ....::::.:. ~Cj -0 ~-') ::$--. z\.,) :Ji: ,;;?~~ .....:.::() Pc ':-? (..)' Z N ~ =<! D :0 -< M:.r~l!i~~~~P!';""'~":;';~\l;;-";r"",'w,q1'"'F;:'~',,~,!\'it\__~~~ 'rW~-".-.' ' - " PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORJ);CLOSURE) P.R.C.P. 3180-3183 FLAGSTAR BANK, F.S.B Plaintiff, v. No. 01-6925 WAYNE ABEL GREGORY WAYNE ABEL Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $85,400.70 l Interest from 1/22/02 to 06/05/02 (per diem -14.04) $1,881.36 and Costs TOTAL $87,282,06 1: ~ ~ FRANK FEDE AN, 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, ,,,,,,,,,,,~:::; ",-",-=". - ,-.,"",,, 1" " 11 ~.._- I" ~'r--"'-~ ~-::1 I <) ~.~~ 5. 0 ~ ~ ~ I'(~ ~ ~ ~ .~.,"e"1W-I1'~!f!;"'li~~~~f~i"1i"W~F"f':"~"'2"!,~",~~,>::"<'-c-~"'Hi";;""V>~-:,",,"~;~<<~~~~1[1'1:~rF>,j!1'-"''''''t'~"tjr,;~~'i'JI~~~11t; >~~"~-~"" _,~~Uk;W~, _ , l/'l l/'ll/'l ~~ r--.... <~ ~ ~ ~" ~~ ~ffi oou ~z ~< =0 ~~ z U[;I;1 0 [;1;1~ ~~ .... ~ . "3 S ~'"' ~[;1;1 ~ <... ... U i;:: Sl~ [;1;1;>< [;1;1 [;1;1,-., '" ~ !: ,~ " "<00 ~ ~ ~ ~ ~d;; [;1;1 ~ .: .n ~z CIi ,~ <0 ~~ i Zz r;.; "'[;1;1 ~.s i'i:: 0[;1;1 ;i [;I;1z o ~ ... ~~ ~~ ~~ '"' .. " <E ~ ~~ ~ Sl~ ) i " o~ .; [;1;1~ ~g'" ~ .. Z <\C p., UI;l ~ ;><~ ~~ " ~ 0,= ~ ....0 <0 01::: d ~ -.r-.r ~ Ou ~" ~ 0 ~~ 00 [;1;16 00 ~ ~ ~ '" ;;;l~ " s " u ] :8 8;j ~ ~ -< .~ [;1;1[;1;1 I"-< =~ E-<~ ZI;l ....u 0 "- >- r:- 0:; <'oJ Z ~ 8;. =?< U!Q Pz ~~-:;, :c (-)~ a.. r-::i 'l.f:~ ~~>- ,?e. 0"\ :~~w fr12~ (>,J JZ 0::2 UJLU ::;~,,:': i -- mo.. :..L. --=-i ~ or.::z: l'''o. -, ~ l.L. N ::;. 0 0 0 . ~~';.::- aiJ ~ I ~f4 ~~ ~l") ... .: :; ':. , .,c"...... "~. ,-~, ~~ "1 ..! [' - C-- - -.... r-1 - 1 cl & . DESCRIPTION /' ALL THA T CERTAIN tract of land situate in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the South side of East ~arble Street (52,5 feet wide) at the dividing line between Lots Nos, 14 and 15, Section "C", on the hereinafter mentioned Plan of Lots; thence along said dividing line South 18 degrees 39 minutes East 151.26 feet to a point; thence South 72 degrees 48 minUl:es West a distance of 65,02 feet to Lot No. 13, Section "C"; thence along Lot No, 13, Section "C", North 18 degrees 39 minutes West 149,62 feet to the South side of East Marble Street; thence along the South side of East ~arble Street North 71 degrees 21 minutes East 65 feet to Lot No, 15, the place of beginning. BEING Lot No, 14, Section "C", in the Plan of Blackburn Village, as recorded in the Cumberland County Recorder's Office in Plan Book 5, Page HA VING thereon erected a single brick dwelling house known and numbered as 406 East marble Street. Tax Parcel #038 Tax ~ap #24-0789 ~"",(>-=-- ~-'~;U ~~= ,- , ,-. ."~ ~ ,~ - ~" " --" ,~ '" --..- ~~ - r-1[~_~~I1~llfiJ:r<l ,_,!.l~__, ~_~'~JW1'~6"'{'O!"6""V'",,;~'S"~'" ,,!!;,-:iH01?~~~__ ,~I!l_!l",.,. ,,_JU{$__~1i;l17~~~~1if$': 1!f .. - ~ . .. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 FLAGSTAR BANK, F.S.B Plaintiff, v. No. 01-6925 WAYNE ABEL GREGORY WAYNE ABEL Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $90,623.48 Interest from 3/12/02 to 6/5/02 (per diem -14,90) $1,266.50 and Costs TOTAL $91,889.98 ~. 'J=~ F 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. ,---~,;'-;'fli1Jll_, ',_, ,,_"",...~,<"',."' .~ , '-1-", ,--I , ~ .".~ 1J!!Il!,t""""'~,~"",,>"""F"'.' ~~-=- ,~~~~,~ ~ ,. " (5 ~, " """",--, -, .."""""~,w,.",, ,~~=, .- "'~""~~-'~0-6--' ~ " . ~ ~ on on on onO or-- r--.... ....< <~ ~ . .'-' '-'~ ~~ ~Il:l Il:loo ooU U.... ....::!i z~ oz z <= oo~ 0 =U .... Ur.-l <...l ... r.-l~ ~~ ...l ~ ~ . ~oo Il:l r.-l U .... '0 r.-l'Oj' r.-lr.-l " zZ rJ:i ~ Ii::: > OZ ~ .. >~ .... ~ r.-l = ;.. ",C " ~~ ...lr.-l '" Eil... CIJ ~ ... Q ,) .8 " ~ . r.-lZ 0'" co ~oo .0 Z ~~ ... 15: ~~ >, O~ < ... .. co U~ <Ii Eil~ .... 8 Il:l > ~~ \\~ ~~ ...~ ~ ~ ~ CIJ ~~ Il:l< .... 00 " < ~~ lJ ~~ g. ...u ... Q::~ 00 ~O 0-::: <"" p, '-' '-' ... Q " ~Z 0\0 .... < ~ r.-lE, -.r-.r " 0< ..<:: U~ S ~ ::: '-' .... ~ \\- U CIJ r.-lr.-l CIJ r.-l ~ =Il:l ~ ...~ 2 '0 Z~ ~ ~ < ...U (X) ;>- ~l~ ~~!~ . =s Cf) ,~ :z:. '_iJ2 ,iJ~ "'-;;'...... ~ :::> o po' " '- ~ - ~ . ~ , , - ~ ::JJ~~~ :: '" ~ 8 ~ -:: ::: <:-- '-' (::s:. / I I 8 ~ () ~ kJ"'~ <> () <> () -- ""- q '39 q~ ' q \l <:) ~ :r -, l& ~~ ~~~~o--V)~ ~ \:J c'...; ;>") c:::: ~ :a: ('J <::) ~,_ rm," _"" -,;'r c,~~~,FJ_,~~~", ~ j'1J._;"U~I_~'''>'1h~,.~pffilf\if-it~'''--%'''''NJn-:':J'1'''''''' "Y;-"cj;'11'i""r;'<~~f_lji<jl;,,"<~.~.r~~~J~~1~~{!\i;mr,~'~~'}I ~ -- ,,~- ~ DESCRIPTION / ALL THAT CERTAIN tract of land situate in the Borough of Mechanicsburg, Coumy of Cumberland and State of Pennsylvania, more particularly bounded :ind described 1S fa UO\N'S, to v..il: BEGINNING at a poim on the South side of East Marble Street (52,5 feet widel at the dividing line between Lots :-ios, 14- and 15, Section "c, on the hereinafter mentioned Plan of Lots: thence along said dividing line South 18 degrees 39 minutes East 151.26 feet to a poim: thence South 72 degrees 48 minules West a dislance of 65,02 feet to Lot No, 13, Section "C; thence along Lot No, 13, Section "c, North 18 degrees 39 minutes West 14-9,62 feet to the South side of East ~larble Street: thence along the South side of East Marble Street North 71 degrees 21 minutes East 65 feet to Lot No, 15, the place of beginning, BEING Lot No, 14, Section "c, in the Plan of Blackburn Village, as recorded in the Cumberland County Recorder's Office in Plan Book 5, Page H.\ VTNG thereon erected a single brick dwelling house known and numbered as 406 East marble Street, Tax Parcel #038 Tax Map #24-0789 .",~ -","",,,",,,,,,,,,, "'o~'~e~"' _,^.'"" , . , ..r , ~- ~":",,,,", ~1' FEDERMAN AND PHELAN, LLP , By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff . ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 FLAGSTAR BANK, F.S.B 5151 CORPORATE DRIVE TROY, MI 48098 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 01-6925 WAYNE ABEL GREGORY WAYNE ABEL Defendant(s). PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindfy enter judgment in favor of the Plaintiff and against WAYNE ABEL and GREGORY WAYNE ABEL, 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 from 10/0 110 I to 3/12/02 TOTAL $87,374.89 $3,248.59 $90,623.48 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~ :rdLr-- FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. ~ DATE: fYI'<1/lLJ.. I], ;}.D:) ~ ~ .t~..J ~. ..., I PRO PROTHY y.""i!I~'" L _ ~........... ~ .' - ,<- , I I" FEDERMAN AND PHELAN, L,L,P, Frank Federman, Esquire . Identification No. 12248 One Penn Center Plaza at ~~DL~ban s~atlon, Sui~e 1400 ?hila~2:ph~a, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF . COURT OF COMMON PLEAS --~,--~- -~---~,- - - - l:" . ..::. . .5 . CIVIL DIVISION Plaintiff CUMBERLAND COUNTY vs, NO. 01-6925 WAYNE ABEL GREGORY WAYNE ABEL Defendant(s) r-'! -~ -, 'o..Oi -, . ."'0 '.1 .. . ;'1 'd -~1 :~,L;~ i TO: WAYNE ABEL 49 ASgBURN DRIVE MECHANICSBURG, PA 17055 DATE OF NOTICE: JANUARY 3,2002 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 COUNfY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 '/.- .4 '~ Frank Federman, Esquire Attorney for Plaintiff - '~_f,1'-'la-_i?!1 l,.., , ,_',_ - " ~, , " ,,>"'-, , -~, ~~_"_f'l~''''''''1~ . FEDERMAN AND PHELAN Frank Federman, Esquire Identification No, 12248 One Penn Center Plaza at S'l,::'",lrban Statio!:, Suite l.:!OO Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS FLAGSTAR BANK, F.S,B. CIVIL DIVISION Plaintiff vs. CUMBERLAND COUNTY WAYNE ABEL GREGORY WAYNE ABEL NO,Ol-6925 Defendant TO: GREGORY WAYNE ABEL 406 MARBLE STREET MECHANICSBURG,PA 17055 DATE OF NOTICE: JANUARY 3.2002 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 HAV'E 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 /j ~~A?d~ Frank Federman,Esquire Attorney for Plaintiff ~'k~",,", ,4, ~, ~." ~ - '- ' --" '", ~ ~~~ ,~~ ~ .! FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF FLAGSTAR BANK, F.S.B 5151 CORPORATE DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 01-6925 WAYNE ABEL GREGORY WAYNE ABEL Defendant(s). VERIFICATION OF NON-~ILITARY 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 knowledgtl of the following facts, to wit: (a) that the defendant(s) is/are not in the ~ilitary or Naval Servicle 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 WAYNE ABEL is over 18 years of age and resides at, 49 ASHBURN DRIVE, ~ECHANICSBURG, P A 17055 . (c) that defendant GREGORY WAYNE ABEL is over 18 years of age, and resides at, 406 ~ARBLE STREET, MECHANICSBURG, P A 17055. This statement is made subject to the penalties of 18 Pa. C,S, Section 4904 relating to unsworn falsification to authorities. ~~:r~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff .""",~':m,, ~, " '''"'', ___",,_'7'" - , -_'r , " ~ ~ e ~ ~,~"'--, all__,,",, l " (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FLAGSTAR BANK, F.S.B 5151 CORPORATE DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 01-6925 WAYNE ABEL GREGORY WAYNE ABEL Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on fYl~ l-a 200.).. ~ ~a-..p-,Q-7!z~ DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN. ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F, KENNEDY BLVD., 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 CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY" ";'~~'-')"'" '~',"""~''f-----'' ,", ~ 1"" -- I . . -- ~'I~' .,~,,~~jJ ,,~ ~- ._Ml_ _'..' ~ ~,.' ~M "= ,.c.-, " ~ 79 0 ~ 0 a C:~ t,,) ~ 't .~ '-'... -cc.(:_, \) 111r',---' Z::.-) r -- () ~S':: C') ~ -~~ ~,~- 1:) ~::.,~J ~-\) ~ ...:::l ~ z;-.<_ "-J p,>': i',,~ .::;; ,-:..-~~ - (i' ~ ::=1 0',) ~D If -<. -< r-, --... ;~!fl ~;:J:,Jmw'::i~~~ _"_ ,,_~~~,J'!t!f~\'~H1-"\1~~;iI"~"''''''f''F~#'C'f'i'''!;f;'k"'O,;i1!i!i';~h,,~~I!@Yf:l.-,:Jm.f ~~~;1WfMj!;;il!J;~~~;\~~~;~' !iiir~~.<~'- = ~ -" FLAGSTAR BANK, F.S.B CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. WAYNE ABEL GREGORY WAYNE ABEL CIVIL DIVISION NO. 01-6925 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No, I) FLAGST AR BANK. F.S.B, 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 .406 MARBLE STREET. MECHANICSBURG. PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address I~annot be reasonably ascertained, please indicate) WAYNE ABEL 49 ASHBURN DRIVE ~ECHANICSBURG, P A 17055 GREGORY WAYNE ABEL 406 11ARBLE STREET ~ECHANICSBURG, P A 17055 2. Name and address ofDefendant(s) in the judgment: WAYNE ABEL 49 ASHBURN DRIVE ~ECHANICSBURG, P A 17055 GREGORY WAYNE ABEL 406 ~ARBLE STREET ~ECHANICSBURG, P A 17055 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, Cfif'-'n!)IWI!I,.." O,,,,",,_..J l(_ ",- .- ,~, -- ,- "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) BANK ONE, NA PO BOX 710097 COLUMBUS, OH 43271-0097 BENEFICIAL CONSUMER DISCOUNT CO" D/BA BENEFICIAL ~ORTGAGE CO. OFPA 4910 CARISLE PK., SUITE 104 ~ECHANICSBURG, P A 17050 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 406 MARBLE STREET ~ECHANICSBURG, P A 17055 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. March 12. 2002 DATE -::t~~~/7~- FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ! ';'""""';"";_\iii~,; ~ .,,~--~-, ~'",^ _, ,t , ,""""""'" ,-= '- ~~=, ~~ '" '" '.,~~ ~ " '-''''~"J;" ,,"~ '0-""'-'" 'o"~'>"'~<f""'" '~~.-, ',- ,,"'- o ~ -0-:';2: rn (",' ";U.' I~ ~3 , (X) ,llilliilDlllrr'" a ",-, :1-~ >::.. :-;(J G) :0 r--_) "'''''' ~ _~__"'_~'-"""""'"""!''l'.~~~jI;~~wt-~\Q-,~''f~~''''{'I!''l'iC'''I''''~''''"''''-'<,~~,~'''A,~i'-,,~i'l!:-~",~~l~'iW#-ilr~'~i'-''1wW~~__~: FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF FLAGSTAR BANK, F.S.B Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION WAYNE ABEL GREGORY WAYNE ABEL NO. 01-6925 Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attomey 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 unswom falsification to authorities, firJ "hA~ F NK FEDERMAN, ESQUIRE Attomey for Plaintiff "\"~f'1~ , ,;t - '_r_" - '-"'-,~~, ~__~L~~'"" '~I__ 7,' ~ - , , , .~'" .' "1' ..~..- , " ,""~-~;" "" ','.'><_ k,'- ,.~ ,_"" " ".'"",,"-. "C. 0 ('" () -" .. N '";'1 :;;;t ::::.'" ~"",, -u-r;::.: :t7'!'; S2~ri ::~.J ~5':_ CO I~: -, ~i ~ C::) Ilj"'1lJlf-fi' __~,I!,J)D, mr.1Wl- ~ ~ .~,9;~? .~m""""""''"<tl!!:'i~~lf,1:'<IT-~Rf[:'i~~!''':.-'')"''''''K''('''''"p",q:~;''''J7JN,'Q'$i1~f.';!.1_T~''RITt'iJTIlW~~;m\lJl'.jrj~~J,lFI'~~~ FLAGST AR BANK, F.S.B Plaintiff, CUMBERLAND COUNTY v, No. 01-6925 WAYNE ABEL GREGORY WAYNE ABEL Defendant(s). ~arch 12,2002 TO: WAYNE ABEL 49 ASHBURN DRIVE MECHANICSBURG, PA 17055 GREGORY WAYNE ABEL 406 MARBLE STREET MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION 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, 406 MARBLE STREET, MECHANICSBURG, PA 17055. is scheduled to be sold at the Sheriffs Sale on JUNE 5, 2002 at 10:00 a,m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 90,623.48 obtained by FLAGSTAR BANK, F.S.B (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: 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.) ""7oJH\ii'f !1'r,T~,q __ ~ _ ." '''~ , , . . ~~..-"""""'~"';"~""""" 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 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 ";r~~l{~___ "_""""" _~'" ,~"'" ",,,.,n~.,. , ~ .~= -- 1 ,~'" ~-~ ,,".," ,~-,"", ",.- . ~- . ,- I " DESCRIPTION / ALL TR\ T CERTAI); [ract or land situate in the Borough or "'kchamcsburg. Coumy or Cumberland and Slate of Pennsylvania. more panicularly bounded and described as follO\vs, CO w.r: BEGINNING at a poim on the South side of East Marble Street (52,5 reet widel at [he dividing line between Lm )ios 1..1. and 15, Section "(", on tne nereinafter memioned Plan of Lots: thence along said dividing line South 18 degrees 39 minutes East 151.26 feet to a poim: thence South 7'2 degrees 48 minutes West a distance of 65,02 feet to Lot No, 13, Section "C"; thence along Lot No, 13, Section "C". North 18 degrees 39 minutes West 149,62 feet to the South side of East "'IarbIe Street: thence along the South side of East Marble Street North 71 degrees 21 minutes East 65 feet to Lot No, 15, the place of beginning, BEING Lot No, 14. Section "C", in the Plan of Blackburn Village, as recorded in the Cumberland ' ~ County Recorder's Office in Plan Book 5, Page HA VING thereon erected a single brick dwelling house known and numbered as 406 East marble Street. Tax Parcel #038 Tax Map #24-0789 '~".;a.IO.. -"",..iWfl_, ~" _ ~ ,'_,~ ,~ ~ ~" ~" ., ~ ~ ,~ .-," l"'" "''''~' ("'i t ~~ " ,.,,,,JIIM' ", '-'< ~ ~,-~ ~'<'~' _,,' '"'~" "'~~, __ n,'"'~- ._-'~,-- o c E2~: -,.,;::.-- Os'; f3i ('~" :tE~' '- ;:.:-:- ....J ,J ~ (X) Ji'IIiII,Ji"l " c')- "-.' C) 11 ~ .ho, ::''":<:;0 :'CJ (" -'.) i _ ~" : ::? ->C';: l~)fTl 5:; --< _,"r_~~r~~~~~"llI " __,~...~""",<W.li!\fJ%~~~~~~'Htf<.i~'7'W"S'3-'-f'R"f"''''''^''''t~~~''J!''~~~~~Dlln!1jlt~_~I,~F; ttW ' ~ --'=,~' Flagstar Bank, F.S.B, VS Wayne Abel and Gregory Wayne Abel In The Court of Common Pleas of Cumberland County, Pennsylvmria Writ No. 2001-6925 Civil Term 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 ~ileage Levy Advertising Certified ~ail Poundage Law Journal Patriot News 30.00 30,00 .50 1.00 15.18 15.00 1.83 $ 93.51 paid by attorney 3-13-02 Sworn and subscribed to before me ~;"-'~~-4 This~dayof ~ /), R. Thoma, s Kline, Sheriff 2002, A.D, ( ~ 0 ~_IJC,~ B~O~~ Prothonotary Real Estate Deputy /,stl t.ft... 3S9.2f ~- /).;)'l!,() C'''~~"",~~JIJll_..l, L~:"~ ~,~ ~~,~ .-" ','I ,...~~r, ",_'. 'w= ~ >,~~._~~ J: ~,< ~.'~ ,~ FLAGSTAR BANK, F.S.B CUMBERLAND COUNTY Plaintiff, ~ v. COURT OF COMMON PLEAS WAYNE ABEL GREGORY WAYNE ABEL CIVIL DIVISION NO. 01-6925 Defendant(s). AFFIDA VII PURSUANT TO RULE 3129 (Affidavit No, 1) FLAGSTAR BANK. F.S.B, 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. 406 MARBLE STREET. MECHANICSBURG, PA 17055. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WAYNE ABEL 49 ASHBURN DRIVE ~CHANICSBURG, PA 17055 GREGORY WAYNE ABEL 406 ~ARBLE STREET ~ECHANICSBURG, P A 17055 2. Name and address ofDefendant(s) in the judgment: WAYNE ABEL 49 ASHBURN DRIVE ~ECHANICSBURG, P A 17055 GREGORY WAYNE ABEL 406 ~ARBLE STREET ~ECHANICSBURG, P A 17055 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',,")"r,n ,-c ,. ~> "'~ , " f ,~~. '. ",","",,,,,,,._..,,.--I',"~ ;l 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) Bank One, N.A. PO Box 71 0097 Columbus, OH 43271-0097 Beneficial Consumer Discount Co, d/b/a Beneficial ~ortgage Co. of P A 4910 Carlisle Pk., Suite 104 ~echanicsburg, P A 17050 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 plaintiffhas 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 406 MARBLE STREET ~ECHANICSBURG, P A 17055 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. See, 4904 relating to unsworn falsification to authorities, January 22,2002 DATE 1~ ~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff '''':W~%f'i\-, __~ "', ~" ~ ,- =~,' ,.. M~ ,== ~~"_",,",' ~,_~>l'II"_~ f' ~ - ,- . FLAGSTAR BANK, F.S.B Plaintiff, CUMBERLAND COUNTY v. No. 01-6925 WAYNE ABEL GREGORY WAYNE ABEL Defendant(s). January 22,2002 TO: WAYNE ABEL 49 ASHBURN DRIVE MECHANICSBURG, PA 17055 GREGORY WAYNE ABEL 406 MARBLE STREET MECHANICSBURG, P A 17055 "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 A TTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at, 406 MARBLE STREET, MECHANICSBURG. PA 17055. is scheduled to be sold at the Sheriff's Sale on JUNE 5, 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 85.400.70 obtained by FLAGSTAR BANK, F.S.B (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with PaRC.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: 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.) ",;y><:&-~ - -. '"'~~--, ~ 1 _f""'. ~ ~,,' - "~ ~ , - ~ _~.~~_ ~l!1!EI1l_ Jil-=-'~"~ "" ~'p' ~ 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 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 ofthe 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 '--;;':""'1!l-.~~ j . ~,,,,,"t', ~ ,",,_ ''''-_''~ "_"'~~n", ",_"7" ~,"'''"~_~= ~, , ~ ~ - ~"~ ~" _w,_,_._ """"!.~'!!""\"'~"'15~'~"'''\<''<'''''''''~~-_O=''''''''''''''_ DESCRIPTION ./ ALL THAT CERTAIN tract of land situate in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the South side of East ~arble Street (52,5 feet wide) at the dividing line between Lots Nos. 14 and 15, Section "C", on the hereinafter mentioned Plan of Lots; thence along said dividing line South 18 degrees 39 minutes East 151.26 feet to a point; thence South 72 degrees 48 minutes West a distance of 65,02 feet to Lot No. 13, Section "C"; thence along Lot No, 13, Section "C", North 18 degrees 39 minutes West 149.62 feet to the South side of East Marble Street; thence along the South side of East ~arble Street North 71 degrees 21 minutes East 65 feet to Lot No, 15, the place of beginning, BEING Lot No. 14, Section "C", in the Plan of Blackburn Village, as recorded in the Cumberland Coumy Recorder's Office in Plan Book 5, Page HAVING dlereon erected a single brick dwelling house known and numbered as 406 East marble Street. Tax Parcel #038 Tax ~ap #24-0789 "~.''::::= :,,'~~Jl T_ _~. _, _ w~,!-<1:l n" WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLV A,NIA) COUNTY OF CUMBERLAND) NO 01-6925 Civil CNIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due FLAGSTAR BANK, F.S.B., PLANTIFF(S) From WAYNE ABEL, 49 ASHBURN DRIVE, MECHANICSBURG, P A 17055 AND GREGORY WAYNE ABEL, 406 MARBLE STREET, MECHANICSBURG, PA 17055 (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 possessiou of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issned; (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) If property of the defendant(s) not levied npon an snbject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that helshe has been added as a garnishee and is enjoined as above stated, Amount Due $85,400.70 L.L. $.50 Interest FROM 1/22/02 TO 6/05/02 (PER DIEM - 14.04) $1,881.36 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $126.40 Other Costs Plaintiff Paid Date: JANUARY 29, 2002 CURTIS R. LONG Prothonotary, Civil Division '-J2y: ~,.2. ~AIV#~ REQUESTING PA.~TY: Name FRANK FEDERMAN, ESQ. Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SIDTE 1400 PlDLADELPlDA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 -''!f''-;';:'i;<~$D_,~_~,"~ _ e _ ,.....,~ J~ !~~ ~ '; ~J .~\ 11 '-~ _- '~_N~ ""',,-,,' "~"";f-""-,,,,"~,,, '--~'~,_,~__,-,__,'.k-_ "'f"t,.-' REAl. ~STATE SALE No. \0 On February 6, 2002, the sherifflevied upon the defendant's interest in the real property situated in Borough of Mechanicsburg, Cumberland County, PA, known and numbered as 406 Marble Street, Mechanicsburg, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. f Date: February 6, 2002 By: J~f~~t~~~~i~ r,\\~Od . '- \,,~.) l' 'r, \,.';1,\ .'., . '<j \'; . " \\~\ ~t -1\\' \\~ \.t <c" :. .,~\~,,, ,,\<' ' ," .~,v ," -, ' ':-J --;IJl ,,,,,^,\... ,",,' ,. )-..l--P \r;::, 5\~'" ,,\'\11 - ~.,,~_ ~~m~ l;'lr.r "~"' _"",,:"~~, _,.,,~8IfJi:'!_1t 7 _ ~;+: ,,!i!~ii~Wij;'i'.\lF1!W'i'\ffi~;>Ffil_"'i'~W<iJ':~*',~~~~_~~fi'~'~i":;yB'~,,~"~,,..-,-,-,_,__W ;-, " ~:"r' ,"""" ~ c:;nJ c:u:il ~ ~ GUil ;*,,~~"--"e" n .~= IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FLAGS TAR BANK, F.S,B 5151 CORPORATE DRIVE TROY, ~I 48098 No.: 01-6925 vs, WAYNE ABEL GREGORY WAYNE ABEL 49 ASHBURN DRIVE ~CHANICSBURG, P A 17055 PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY Kindly mark the judgment that was entered in the above captioned matter on January 29,2002 vacated upon payment of your costs only, ~arch 1, 2002 1 ,I , yY.i I ."'t.1["", "' ' , _ w ,..."",...,,~" ." r - ~_ ~~. ,r'~,~ 'r.., ~ . .,.1!1!!'1"~ "_" "I ljln.:".]l]it -"<~'" ~~.~ o-C"_","''''~_ .,;'-,' ','"~-"_' ",- ..-.., ~v~ "''''''-Q """-)iij"t~yt 2 c; C') r..;' " ~ ~ s:: -'. ~ ,":.:.... ~ -atT '--fIl rnn-- ::0 C ~f_- (/)~' , c,: - --(' ",;..- ~ ~ C r~c: " i~~i ~ ..0 V >J '-, '> -', .... l=- ?:i5 .~ ~ -f' -<. ,-::0 ~ ~ F-S e+1 ,ml -",_,F'lIIl'1[~" ,o:-l~l~!@!~ewX'ffl'WlS1\@);,\'$:';~"",i'fi-wn~'-'f~ft~)I__Jlf:r;r~>>~~~~~' ,;?:-~' ,- ~ - i'i%",n",~" ", .,.."" ", IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: FLAGSTAR BANK, F,S,B. ) ) CIVIL ACTION vs, WAYNE ABEL GREGORY WAYNE ABEL ) ) CIVIL DIVISION NO, 01-6925 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) 55: I, FRANK FEDERMAN, ESQUIRE attorney for FLAGSTAR B.AJNK, F.S.B. hereby verify that on 3/13/02 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto, Notice of Sale was sent to the Defendant(s) on 3/13/02 by certified mail return receipt requested see Exhibit "B" attached hereto, DATE: April 18, 2002 ~MtL~~~ FR NK FEDER AN, ESQUI'RE Attorney for Plaintiff T "" r-' ., " ~ ~ ,~~ ~." '. -, ,,&~....'" ~C' ~ ..-""-,~ ".. - '" f:<i"-,,",q!:.,~lf \ t '" f"o~ '~ 10;~ ~~ll',o~ ~ .I\~ ::J: 1;' I~ 0.. -::; ,~.-' <!> ~I)~ ....'" USF ,,\!~ ~ l:; " .c '000 oo!! 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Z <0 ....~ ,.. _<.!i'!~~~!""""'" ~ll'IliIJIIIlIIII!lllIIlI!III!Ii!_~~Il'!'""'""I"l _~~ - ~~-= 7160 3901 9844 7042 3280 TO: GREGORY WAYNE ABEL 4ij6 MARBLE STREET ' MECHANICSBURG, P A 17055 SENDER: TEAM 5/IM REFERENCE: ABEL, WAYNE PS Form 3800 June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Retum Receipt Fee Restricted Delivery Total Postage & Fees .34 2.10 1.50 3,20 7.14 i Receipt for t Certified Mail i " US Postal Service No Insurance Coverage Provided 00 Not Use for International Mall ..",~.. ---.----...~~:,~,.,:;~;illa~l,.jf, ;r"~;!"'7q _T_,__ _n '';'':'' "'~,l: "_ """", ",", ;;~- ~~- ,.>, 7160 3901 9844 7042 3297 TO: WAYNE ABEL 49.ASHBURN DRIVE . MECHANICSBURG, P A 17055 , SENDER: TEAM 51IM . REFERENCE: ABEL, WAYNE i i , :.i., }' PS Form 3800 June 2000 RETURN Postage CElPT ' ERVICE Certified Fee Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service Receipt for ertified Mail t , ....'..~...,"':,~:1~~-i>~':....;::.'!_~,.:~-:..__._~__. "'"____ ;f .' " ,- ,-,- ". i"Y,~~I$~n_~,~-!~),~ '" "~,-~~-' ..,-" " '-"'oW' ',>" -,,~ ."...., " "'.""'- . ,__ .'0-. 0 0 0 C 1'0 -n ~ po ~:;:j -U G~' " rn [" A;1 '. Z j'-= -.':< C;~ .....' rT1 (n r.......> CJ -< C} r' ~ -, ~~. ., (') > '~ ;!l ", '"",,; ,-0{ ::0 -( en ~c f{) t3lJ .,~i!fflJftH~F'\f~,'~+,::t;tl:~'i1i,,",_~,!~;:ar;" "f;"'":',;:~,"i"j' .!-i;i''''"'1#.~~~~I~If~-R!B;J~~,~~,~.~~;, ~,,,,.'",,,,',r' , / STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler I, ________________d______________________ ________________________________,_____ Recorder of Deeds in and for said County and State do'bereby certify that tbe Sherin's Deed in which .________________ Flagstar Bank FSB 0 _.__________________________ -____________________ _________________________________.___ IS the grantee 6th tbe same having been sold to said grantee on tbe ______________________________________._________ day of . 02 ______________~~::.?____________________ A. Do, ; _____, under and by virtue of a writ______________ Execution 0 13th -,-------------------------------______ __________1SSUed 011 the _ _______ _____ _____ ___..__ ______ _______ March 2002 day of --------__________________ A. D., ____.... out of the Court of Cornman Picas of said County 'as of Civil 2001 -..----------------------------,..----------------- ------------------_______________ Tenn, ' ______ ,6925 Flagstar Bank F S B Nwnber ______________, at tbe suit of _______________________________________________________________ Wayne Abel ~ Gregory Wayne Abel ------------------------------- -- -- against____ -- -____ ___ _ ________ ______ ______ ____ __ ________ __ _ is 252 2042 d"ly recorded in Sheriffs Deed Book No. __n________, Page ____________. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ___~J.:____ day of ___________~----------- A. Do, 0\ ".~!::__ '!!JtVv..-v f3... 'k L d...J ,,1::. ----- ----tr-----e~Jl;~rd~-~~~ 1leconfer00ll8edl, ~O!lunIv.~M 1Iream.~__..FilllMIlndiral_IlIGI,,' ;"~_'1<~~, ,"~ ,''''''_ ~, -[."1 j , .. "" ~"- I" .~~.= Flagstar Bank F.S.B. VS Wayne Abel and Gregory Wayne Abel In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6925 Civil Term Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on ~arch 18, 2002 at 3: 14 0' clock pm, EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Wayne Abel, by making known unto Wayne Abel personally, at 51 Ashburg Drive, ~echmricsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy ofthe same, Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on ~arch 18,2002 at 7:19 o'clock pm, EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Gregory Wayne Abel, by making known unto Gregory Wayne Abel personally, at 406 East ~arble St., ~echmricsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Bryan Ward, Deputy Sheriff, who being duly sworn according to law" states that on April 5, 2002 at 9:45 o'clock A.~., E.S.T" he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Wayne Abel and Gregory Wayne Abel located at 406 East ~arble Street, ~echmricsburg, Pennsylvmria, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real 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: Wayne Abel, by regular mail to his last known address of 51 Ashburg Drive, ~echmricsburg, P A 17055. This letter was mailed under the date of April 04, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real 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: Gregory Wayne Abel, by regular mail to his last known address of 406 East ~arble Street, ~echmricsburg, P A 17055. This letter was mailed under the date of April 04, 2002 and never returned to the Sheriff s Office, R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on June 5' 2002 at 10:00 o'clock A.~, 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, ~I 48098, being the buyer in this execution paid SheriffR, Thomas Kline, the sum of $660.88, it being costs, ""<"'"_"r'''--~.. ,~^d ~ 1,"- _~,,__r,," 1--"" . -, - ',"- " ~~..._- "~1ilM = "f"~~~ '~~- ~-",'-' .,,," ~, > "'T.w.~~<;,. _ Sheriff s Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Prothonotary Service Certified ~ail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed $30,00 12.96 15.00 15.00 30,00 10.00 1.00 18.63 1.44 15.00 30,00 246.80 155.35 25,20 25.00 29.50 $660.88 paid by attorney 6/26/02 Sworn and subscribed to before me So Answers: This /1~!!;dayofQ.4 r~ :~~~ (1 R. Thomas Kline; Sheriff 2002, A.D, -tJh~~o~ IMn#" J I~' BY J()cL~ JrvUi.~ Real Estate eputy "\'-'" . ~ Jb,dV O~ I~ C.Ie.. 37P- 7 1!-'..v.1';.7J.'1f .-C F "~ , 1lI1U1~~ ~- \ "-'-. .. FLAGSTAR BANK, F.S.B CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS WAYNE ABEL GREGORY WAYNE ABEL CIVIL DIVISION NO. 01-6925 Defendant(s). AFFIDA VII PURSUANT TO RULE 3129 (Affidavit No.1) FLAGSTAR BANK. F.S.B, 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 ,406 MARBLE STREET, MECHANICSBURG, PA 17055. I. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WAYNE ABEL 49 ASHBURN DRIVE MECHANICSBURG, PA 17055 GREGORY WAYNE ABEL 406 ~ARBLE STREET MECHANICSBURG, PA 17055 2. Name and address ofDefendant(s) in the judgment: WAYNE ABEL 49 ASHBURN DRIVE MECHANICSBURG, P A 17055 GREGORY WAYNE ABEL 406 MARBLE STREET ~ECHANICSBURG, P A 170:55 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. ,.:';"iW\'illi~ .11 [L~U~, _~, _ _'"L' ~_""""L'C'''''''''" ,,', J' - - <", '-.1' '~, " "r " 4. Name and address oflast recorded holder or'every mortgage ofrecord: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BANK ONE, N.A. PO BOX 710097 COLUMBUS, OH 43271-0097 BENEFICIAL CONSUMER DISCOUNT CO" D/BA BENEFICIAL ~ORTGAGE CO, OFPA 4910 CARISLE PK" SUITE 104 MECHANICS BURG, P A 17050 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 406 MARBLE STREET MECHANICSBURG, PA 17055 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 of 18 Pa, C.S, Sec. 4904 relating to unsworn falsification to authorities. March 12,2002 DATE ~? uft/1~- FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ".:~~T_,l; ","0',,", ~" ~-- r,\ ,"'",~ '~""~IR-.,._~!(i! FLAGST AR BANK, F.S.B Plaintiff, CUMBERLAND COUNTY , v. No. 01-6925 WAYNE ABEL GREGORY WAYNE ABEL Defendant(s). March 12, 2002 TO: WAYNE ABEL 49 ASHBURN DRIVE MECHANICS BURG, PA 17055 GREGORY WAYNE ABEL , 406 MARBLE STREET MECHANICSBURG, P A 17055 "THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMA T/ON 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, 406 MARBLE STREET, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on JUNE 5, 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the courtjudgrnent of 90,623.48 obtained by FLAGST AR BANK. F.S.B (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 MAYBE 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 on how to obtain an attorney.) ;")#'@!It~:,.,:" \ ''?'<t.:<f~" <.~""'_~, ",' ~, i-, " - YOU MAY STILL BE ABLE TO SAVE YOURPROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000, 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3, The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390, 4, If the amount due from the Buyer is not paid to the Sheriff, you 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) 990-91 08 '!~I!I!~W, ~~ , .-__"',,'f'-'__' '_""'c_'" ~-- ,"" 'r--.,. I~ " ,.-' ,~ .~ -~ ~~ ~." - p' DESCRIPTION / ALL THAT CERTAI:--': tract of land situate in the Borough of Mechanicsburg, County of Cumberland - -. and State I)f Pennsylvania, more particularly bounded and described as follmvs, to wit: BEGINNI~G at a point on the South side of East ylarble Street (52,5 feet widel at the dividing line between Lots :--':os 1.+ aud 15, Section "C". on the hereinafter mentioned Plan of Lots: thence along said dividing line South 18 degrees 39 minutes East 151.26 feet to a point: thence South n degrees 48 minutes West a distance of 65,02 feet to Lot No, 13, Section "C"; thence along Lot No. 13, Section "(", North 18 degrees 39 minutes West 149,62 feet to the South side of East ",rarble Street; thence along the South side of East Marble Street North 71 degrees 21 minutes East 65 feet to Lot No, 15, the place of beginning, BEING Lot No, 1'+, Section "(", in the Plan of Blackburn Village, as recorded in the Cumberland County Recorder's Office in Plan Book 5, Page H.-\ VING [hereon erected a single brick dwelling house known and numbered as 406 East marble Street. Tax Parcel #038 Tax Map #24-0789 -~ ~wm-,,~.~ ,.w,' _.,_"""",_ ~~, , ,~ I' .,.~, -.... ',~ ,'" ~ , , ,."..~ ~~"~,,,,,,,,,,,- ~."., WRIT OF EXECUTIOJ:'! and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 01-6925 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FLAGSTAR BANK F.S.B.PLANTIFF(S) From WAYNE ABEL AND GREGORY WAYNE ABEL (I) You are directed to levy upon the property of the defendant( s) and to sell SEE LEGAL DESCRIPTION OF PROPERTY (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 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) If property 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 notify him/her that he/she has been added as a garnishee and is enjoined as above stated, Amount Due$90,623.48 L.L. Interest FROM 3/12/02 TO 6/5/02 (PER DIEM - $14.90) $1,266.50 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $246.41 Other Costs Plaintiff Paid Date: MARCH 13, 2002 CURTIS R. LONG Prothonotary, Civil Division REQUESTING PARTY: ~: ~~" P. 7rC9b.h.G'~ Name FRANK FEDERMAN, ESQ. Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEY ARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 ','!'J,,~)1r" r i[ _~ ~ ~"",' """..'_ " ", ,~ ~, ,~..".,., , '" ,,',~ I' J'W . ,~, -~~.""'" ,~~j ,.- ,~~".,,",.,.;,~ = = ~,-. Real Estate Sale #5 q On March 15, 2002 the sherifflevied upon the defendant's interest in the real property situated in Borough of Mechanicsburg, Cumberland County, PA mown and numbered as 406 Marble Street, Mechanicsburg and more fully described on Exhibit "A" filed with Date: March 15,2002 By: J6~~ Real Estate Deputy ~ ~ c:::;:;:a c;::::3 ~ rr:;@ this writ and by this reference incorporated herein, . .1)..\'Jd ""I I I.' ,~- "'l . '-- ,\~J\:f f'- I'" ~.; ,.-' ,t L, "I \ P 'i' .1'" __,' " -q,\ \' i 02 7\ fl\ l\U~ i;J;~ liO .. - !,no ",,, ",'';", "0 ,l,j.ni\V __,' ;, ;;-11;;1.:1 ~~rtl3\\S "\,,-,, --,' i )~~_., _" __ ,..,"_.'J" _ nr _:JfijT_" - 11lIlM,_~_)il)L_"_"r' ;,[lF~",~C"l!iil;19l"''jl1~!iI'~i'R~~'~"",~!~~i'j~.!!~J~"",!~-~!'f;'f\V,",'J''\i,:'i-';""-""" ,-'. -,q, . \;-";j"f1r;'f,!f'.i""'i1~'\,iq)1i~YJ"J<(,:",~jA"'T'3';'_;:'VPiE'-~!!l!ll~~~_' ; ..... 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 Frank J. Epler being duly sworn according to law, deposes and says; That he is the Controller at 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 ot Pennsylvania, owner and publisher of The Patriot-News and...Ihll. 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 23rd and 30th day(s) of April 2002 and the 7th day(s) of May 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all at the allegations of this statement as to the time, place and character at publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verity this statement on behalt at The Patriot-News Co. atoresaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board ot directors at the said Company and subsequently duly recorded in the ottice for the Recording at Deeds in and tor said County ot Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SA L E 1159 REAL E$TATE SALE No, 59 WrltNo.2OIl1-li925 ClvilTerln Flags\atSan, F.S,B. vs. Wayne Abefan'd . Gregory Wayne Al)el , ' , , I\!ly: FrankFederlnan DF-I=ON AIL.THAT'l.l:RTArN tract of-land sirnate U1. the B:or6ug!tx(Mechanlcsbcirg. ~OUnty of Cilmberland ~State.,QiP~nn\ylva.nia,.moreparticularlybpunded alld_de:~las fonow~, (1l_WIt' B.E(jfNNlNO at a poi/It 00 !he ~ulh side of East Marb1e..$t#1-52.j r~ widej at the !jividlng Hoe _hd\y,~_t111.lts Nl)~. J4 and J5. Section "C', 011 the hefl;;iJnlftei:m~blloned_PIa.n of Lot};; thence along ~aid diyldiijg[ii1C:$uutb 18.degreCs.19tninulesE<lst I.5t.2b f~}i,1 a- point; ihence_Sill1tb n degree.~ 4-15 mitltlle,~~_a(jj~[auceQJ65JJ2 f.eet to Lot No, 13, 1;linou ''C'"~::tMl1ci moill{Lot NO. 13, Secuon "C"', North8del!;jt~39mirnJtesWest49li2fecttolhe ~li1ths'iill::ofEa,"'M~rble-Street;thence,arQngtbc .f~lJuJb ~Mlei)tF,astM~rtlJeStreel North 71 cJeirees'l.l m:inutc~~_65tt>.e!tol..otNo.15,theplacel)f ilEdlNNlNtt BFING Lo(No: 14.&i:iion'T."', in the P[an Df .BJackbuiUVilJa}.lf,JISrec\lrdedlntile CumberJand c.:Qim~ ~Qrifer"s fJJfice,in Pl.an Book~, Pugi' _.._' I HAVLNG !l#eOll enxted a single. brick dwelhn~ ' house kociwil and numhered a~ 4l'I6 East Marble Street TAXPARCHLNo,: (l31UAX' MAP No.: 24-lT7R9, ,::::~c ""::;?~;~;;~~;:~...~:;':~:'~::'~;:... ................. ....~............. ..... ........ r'"~ V. ~,"""f""P"=AD . Notarial Seal ~fI .,.. "../-'"31/.....-.1 ,,)4' .:f /' ' /.~.,.1?~:::,.. rerryL.RUSS~n.NotafY /.,~-" '." .~, ?-';'-_,",-f..""=-^C-"~ Harrisburg. Oauphrn Counly NOTARY PUBLIC My CommIsSIon ExpIres June 6. 200~ Member, Pennsylvania As"""I.!ron Of NOfarles My commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO.. Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ $ $ 153.60 1.75 155.35 Publisher's Receipt for Advertising Cost , publisher ot The Patriot-News and I~s.und.av Patriot-News, newspapers at general e 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 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, V1Z: APRIL 26, MAY 3,10,2002 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. -- Ro SWORN TO AND SUBSCRIBED before me this 10 day of MAY. 2002 ~. NO~EAL . LOIS E. SNYDER, Notary Public CerIlsIe 1Ioro, CumbeIIand County My CommIs8Ion ExpIms Marl:h 5.2005 !1-,;W~-i"-"~" -, " ('", I" ~'--. " -~ ~ JI'MII!Il t:' L-.. - -~~, ,.., ~,~ ,~ 7"Ll.,~-~~ ,~,,_" ''''f,~-'-''''''.''_'''_'''~'''''C,,, '_"'",-,~',,,,,_,~~~ .'~ .n'"""_'1 '. ,~__~,~~~""'!lli1JJ:ill~WlP.!~~';fe'!f~~~l1~-W>1;r:wPr"'-'9!'#""&~f~~~,~'<->"-'8;yI~!B~:'; :-r,i "",'-' -, :""'-5--Y;',",,'~~_,-<,_ "c,,,<-\,,^<",Y_' -'+)' ,-j REAL ESTATE SALE N0. 59 Writ No. 2001-6925 Civil Flagstar Bank F.S.B. vs. Wayne Abel and Gregory Wayne Abel Atty.: Frank Federman DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Mechan- icsburg, County of Cumberland and State o[Pennsylvania. more particu- larly bounded and described as fol- lows. to wit: BEGINNING at a point on the South side of East Marble Street (52.5 feet wide) at the dividing line between Lots Nos. 14 and 15. Sec- tion "C", on the hereinafter men- tioned Plan of Lots; thence along said dividing line South 18 degrees 39 minutes East 151.26 feet to a point; thence South 72 degrees 48 minutes West a distance of 65.02 feet to Lot No. 13, Section "C"; thence along Lot No. 13, Section "C". North 18 degrees 39 minutes West 149.62 feet to the South side of East Marble Street; thence along the South side, of East Marble Street North 71 degrees 21 minutes East 65 feet to Lot No. 15, the place of beginning. BEING Lot No. 14, Section .C". in the Plan of Blackbum Village, as recorded in the Cumberland County Recorder's Office in Plan Book 5. Page _' . HAVING thereon erected a si,ngle brick dwelling house known and numbered as 406 East Marble Street. Tax Parcel #038. Tax Map #24- 0789. !". ^ , , r. 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 FLAGSTAR BANK, F.S.B. ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION 'Vs. WAYNE ABEL GREGORY WAYNE ABEL NO. 01-6925 RULE AND NOW, this ;~I^ day of I'^.,. 2002, a Rule is entered upon WAYNE ABEL & GREGORY WAYNE ABEL, Defendant (s) to show cause why the attached Order for Reassessment of Damages should not be entered. I' ~ t1Ft~. RULE RETURNABLE t~..:......- ...:I...1F ""f J. . -,\~~" .^ ~"' . ~ ;1] "f t!,_ ~, /'~:&'l!~f~~~ial:i,j;i-~"'#iAA..b."'iig~~,~i~,,,;lt.i_~"')~J',':"ki--;ZL:"1'''~~~~~.ii~,~BaJiH~~~ ,""",",~~ - ~-'="-'-' _~,rm,,~n", _0 ~~. .~. .,_ __,H" ~_ ~',~_~_',c." ",,,,. 1li!J'M.ib1'''"'-~(v , irlMi~l~ m' " ~.' II ~ '- """"",,,,,,-,, - II!I[fi -..,--- Oi~ Tf-.F,IUP'?:tiCE n"" ' r.,.';"'-<)i:4RY 1><,: Nfl Y ? q. . , '- !;'i ii!-" f tc C "'" UMB!.(. - ~ "'1 iL/-:',,',--, I'>" P.~',\ f., . / 'i" C.1'lJ/ IC<Vj-I/.~::jUUf\r,"1 \')'I.-'/A"-!I! J '/\Or1 ~ J ~ l~- f~ '1 ~ }.,f ~J ~ "(, '<) v~.?~ _. ~~ 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 FLAGSTAR BANK, F.S.B. ATTORNEY FOR PLAI~IFF CUMBERLAND COUNTY COURT OF CO~N PLEAS CIVIL DIVISION vs. . WAYNE ABEL GREGORY WAYNE ABEL NO. 01-6925 ORDER AND NOW, this day of , 2002, the Prothonotary is ORDERED to reassess the damages in this case as follows: Principal Balance Interest Amount 6/1/01 through 6/5/02 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit 83,128.68 7,353.52 165.20 1,300.00 1,297.00 -1,406.49 88.00 0.00 0.00 3,761.40 TOTAL $95,687.31 Plus interest per diem from 6/5/02 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"",,,,,,,- -r"'- ~. r. 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 FLAGSTAR BANK, F.S.B. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION vs. WAYNE ABEL GREGORY WAYNE ABEL NO. 01-6925 PRAECIPE FOR RULE TO SHOW CAUSE TO THE PROTHONOTARY: Kindly enter a Rule upon WAYNE ABEL GREGORY & WAYNE ABEL, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. (\ ~ ~ Daniel G. Schmieg, Esquire Attorney for Plaintiff "'C':'''ffi'iilAA~ '.".'_~ ,.~' ~' '1'- -~ - ~ ~ " ~ '''''''"f~''~ f~iiit~lrC~~~%NiJ.'ti.i\~~!'f:{rii/~~1l.:;'iK~@.{~,,,,)::!,~~~';+:"'A-.f-!_\~'!"i.~;,ii.ii;~'rl:jiu~~)!,~ME,,~!d-- ~1i:UJlr;J"".",~,"~~. '.~'~~'n .,,_, ._"".,,_-"_~ ,,~_^',.,-o_,_,_~" < "'.', ~_ '. _'~"__,~__c=<-~",,,"':':::J';_,_~ ._~ '" '-"'-"'''_~' c, f~~~:-'_~~ :-I~ :'--Jlj~-'] '"1C.",,-,- ~- r:!l.cD---or:FiCE "."r,._ r"",ri"i'! .""1' Ir,"'-' R'Y ~ -, ~ : ,",' ; \-';',,-_j JA DnAl' 23 F'l') I: 37 CU~vfjEi:':LAi'<D COUNTY PENNSYLVANiA ". ~( 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 FLAGSTAR BANK, F.S.B. ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION vs. WAYNE ABEL GREGORY WAYNE ABEL NO. 01-6925 RULE AND NOW, this day of 2002, a Rule is entered upon WAYNE ABEL & GREGORY WAYNE ABEL, Defendant (s) to show cause why the attached Order for Reassessment of Damages should not be entered. RULE RETURNABLE the day of BY THE COURT: J. ^""'~^",-".-~ . r ^'. ^y., ,,' <, . ~ ,~ f'~-"_""4"l 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 FLAGSTAR BANK, F.S.B. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION vs. WAYNE ABEL GREGORY WAYNE ABEL NO. 01-6925 ORDER AND NOW, this day of , 2002, the Prothonotary is ORDERED to reassess the damages in this case as follows: Principal Balance Interest Amount 6/1/01 through 6/5/02 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit 83,128.68 7,353.52 165.20 1,300.00 1,297.00 -1,406.49 88.00 0.00 0.00 3,761.40 TOTAL $95,687.31 Plus interest pe> diem from 6/5/02 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. "'T#'>"j<,,1~~_ .0 .~,- . ~-~-, "'.."'-~~ 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 FLAGSTAR BANK, F.S.B. CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION vs. WAYNE ABEL GREGORY WAYNE ABEL : NO. 01-6925 PLAINTIFF'S PETITION FOR REASSESSMENT OF DAMAGES Plaintiff, by its Attorney, 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. Complaint in Mortgage Foreclosure was filed on DECEMBER 7, 2001. 2. Judgment was entered against Defendant (s) on MARCH 14, 2002 in the amount of $90,623.48. 3. The mortgaged premises are listed for Sheriff's Sale on JUNE 5, 2002. 4. Additional sums have been incurred or expended on Defendant (s) , behalf since the Complaint was filed and ;',"'~o;.~JI'/I!!~I!II,," ~_"~_.~ ,_ "'.f1 "~ - --r- .~" ",,,w.; Defendant(s) have been given credit for any payments that have been made since the judgment, if any. The amount of damages should now read as follows: Principal Balance Interest Amount 6/1/01 through 6/5/02 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit 83,128.68 7,353.52 165.20 1,300.00 1,297.00 -1,406.49 88.00 0.00 0.00 3,761.40 TOTAL $95,687.31 5. Under the terms of the mortgage, Plaintiff is entitled to inclusion f the figures set forth in paragraph five in the amount of judgment against the Defendant(s) . WHEREFORE, Plaintiff respectfully requests this Honorable Court issue an Order to the Prothonotary to reassess~es~bove. Daniel G. Schmieg, Esquire Attorney for Plaintiff -2 - ,"iV,I1';W.Y.' ~ .,.. ", ,,"-' ,~, ~-~[- . . , ! """F"~'" 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 FLAGSTAR BANK, F.S.B. ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION vs. WAYNE ABEL GREGORY WAYNE ABEL NO. 01-6925 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 (8) agreed to pay Plaintiff principal, interest, late charges, real estate taxes, hazard insurance premiums and mortgage insurance premiums as said monies became due. In turn, Plaintiff's Note was secured by a mortgage on the subject premises. The Mortgage Agreement indicates that in the event Defendant (s) defaults, Plaintiff may pay any necessary obligations in order to protect its collateral, the subject premises. In the case sub iudicia, Defendant (s) failed to abide by the Mortgage Agreement by failing to tender numerous, promised monthly mortgage payments. Accordingly, after Plaintiff determined that Defendant (s) were not going to cure the default and bring the loan current, Plaintiff commencE!d a Mortgage Foreclosure Action. JudgmE!nt 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 initi.ation 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. . ('IOW_'1';j').'tj(it~~:~I~-,,' _! r -^ ~,~ ~ ~, ~ ~ ""'"ll~"",'.,",!" II. ARGUMENT FOR REASSESSMENT OF DAMAGES The Pennsylvania Rules of civil Procedure are silent with respect to the issue of Reassessment of Damages; however I Rule 1037 provides, "the Prothonotary shall assess damages for the amount which Plaintiff is entitled if it is a sum certain or which can be made certain by computation... 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 defendantls 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 '--'_t-'~t~"~"~W~ ~" _ L. . T'~ I ~ " "' _~ ~,-"",~Ii'm!l1I'~~ will not be detrimental whatsoever to Defendant (s) as it imputes no personal liability. The Supreme Court of pennsylvania found in the Landau v. Western Pa. Nat. Bank case that the debt owed on a mortgage changes and can be expected to change from day to day, because Western Pennsylvania must pay expenses for the property in order to protect its collateral. 445 Pa. 117, 282 A.2d 335 (1971). Because a mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. See Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Therefore, Plaintiff respectfully submits that if the enforcement of its rights are delayed by legal proceedings and enforcement of its judgment, and such delays require the mortgagee to expend additional sums pursuant to the Mortgage, then said expenses become part of the mortgagee's lien and should be included in said judgment. As the Court indicated in FNMA v. Jefferson, an unreported case a copy of which is attached hereto, since the charges enumerated in Plaintiff 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. FEDERMAN AND PHELAN, LLP. C:[)~ G:- DANIEL G. SCHMIEG, ESQUIRE ATTORNEY FOR PLAINTIFF '''1~'''''11~~_ ,"', I :r . '-': L '! ~ ~ f,$'"",,,~-, ~,> ~ 1.-"IwI -.. -" J "--..,' " R>=C"";,,.:r', ,'..". ..., :_";;11'" _ "-" ~ ~ '-~) t (.~; . 1 _ ..". .../,' /,;~ ';3)..s ~ '.: FEDERAL NATION,\L NORTGM;E: ASSOCIATION V$ " COUR7 OF COMMON PL~AS l'HILi'.OELPIII1\ CO.UNT'i CIVIL TRIAL DIVISION , . . ,. 'JOSEPH JEF~ERSO~' an~ , ROSIE JEFFE.l~SON, his \.;ife ;. HA'f NO. TERM: :1.982: 2359 i-/". ~ _H);! , ' .. ..! ORDER AND OPINION , . WRITE, J. AND NO\~, this '. 7' day or .;.. rtlJ , ]~d6, upon conside~ation of Plaintiff, Fedct~l National Mortgaqe ~ . AssOCiation's Petition for Reconsideration Nunc Pro Tunc of this Court's Order of November 7, 1985 and tho Answer th',rGto of Derendants, Joseph Jefferson and Rosie Jefferson, it is hereby O~DERZD and DECREED as'follOWS:j 1) Sai.d p~t.~~on is GRANTED; O,r. ' I ",,,1.: .f""\ 2) ~~sr~cnrt;s Order of November 7, 1965 i~ 4~' . r";'" ...:.~ f.'l:""-" ~-... . ,\.'~ . REVERSED and 1; laintiffl' S Moti~/!I.""'for Reassessment:'Qf Damaqes is .\'*1..... ,.~~;:,.~ - .', J' .\ \_";"\ -. '\. ~. " ~. '\010 GRANTED: ,,>: ." <,\\'.,)0 "'.~ "t\{,~ , . . 3) Ju'~'\cnt is h~ror;y incraa'l<-..d to ~6, In. 71. Becaus(: Pl,aintiff was requ'ired to acc.:ept eu rt'c:nt mortgage payments upon the f.iling of ,Oefendants' bc.nkt'upt,:y petition and in fact did so, it is necessary to :ronSSllSS the a~ount of damag~s that initially were assessod ~ftcr judgmant by default was' entered in this action. Because ! Defendants have not refuted the specific amounts Claimed - 1 - \-(""i"'''''H.'~~~~,.".....~ """~ ~^.' ~1 ".0'1' "T ~, , I ,/" '1'" " ./ ,JUL.. :JtJ .. J - ;;~ ,.,J" f./U ,J.........U.11 1"'1 \,;,l..............__" ...." .- ':. by Plaintiff in the instant Motion for ReassesslDcr:t, thili ..! Court finds that Defenaants have admitted these amounts" pu~suant to Pa. R.C.P. l029{c). EY THE COURT: ~~.-'--:- THOMAS A. WHITE, J~ I i I ~ . 'j, '''';''i-''''!'':'~'-''~'~iI!IilIl~'W~''':l~ "_~~ _ _ , - "---~~~ ,~, ~ ~ . ! '" '. , , ::," : " ;". ! . ~ . .' , ' " , , \, - - ." , ; , ,,~ VERIF:ICATION 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 Reassessment 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: May 21, 2002 Daniel G. Schmieg, Esquire Attorney for Plaintiff "i-"""~""~ I' - '':'"'1 , '-'> . ~-~-,~ ~limfil ---="~~-""" 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 FLAGS TAR BANK, F.S.B. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION vs. WAYNE ABEL GREGORY WAYNE ABEL NO. 01-6925 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 May 21, 2002. WAYNE ABEL 49 ASHBURN DRIVE MECHANICSBURG, PA 17055 GREGORY. WAYNE ABll:L 406 MARBLE STREET MECHANICSBURG, PA 17055 DATE: May 21, 2002 ~ '1 . Danle G. Schmleg, Esquire Attorney for Plaintiff ""'"~-'f":~)r<:, '. ~ ~ ,~_ ,~, ~ , .,. -1- '1-~; "'''''- ....__'_' '<c_' '0' J" """"~,,,' "-,~_~'" ",. .. _"-, _ .....,..,..',.,'~_,_~".._,"'"."',_._",.,.""'..'"".._~ ; -,_ C _~_~,L...,,, ".'~"''''''''''''4~,_""",,,,",,,,",I..'e-,'''' ,-~,--:." ". -, ':' "- ,~-, -'i'"""eiii'!0-i.2-'ii! '!'i\"!'.%!il,,",,;.;,.diNii""6;:':"'id';;U~'!il,tLfj;"1~;-j;-:\l:,"-,;-_,,;I*_;~,,;o:;;,Bj.,. <oc' ==..&,',,,, -","Ch~"< ___. -:"~":"'_._-.. '~I"""",,~lil',_":"',_ ~"'""-'~-~ ~-- -~ ~ , .'''~' ,~-,~-, CF FiL:::)-C'i:~~T~\fi\R ,,' ...",..,Y O.',,'HV?'1 P": 1:~8 '';'' r',t'll {.,...., ,j, ~ CUiVi:; '.~ CD_;;~1Y PENi'\SYL\/,Ll<J\ - ~ ~ - - " , -'~' "'-~ ~- , '_i"-'- .," ,~ 1, EN'rITY FAP VENDOR Prothy of Cumberland County [PCUMB] CHECK 'DATE 5/22/2002 CHECK NO. 201459 .. DOC NO APJiA,Y c"]'O~ DATE INVOICE APPLY TO INVOICE DOC AMOUNT DISCOUNT PAYMENT AMOUNT 201459 201882 OS/22/02 998027765 WAYNE ABEL 9.00 0.00 9,00 , FEDERMA~~I"'hIS~1\lI ATIORNEY :~~llftNlY'li\l~q~PNT ONE PENN8!!;N!t~F\;i~l!!!~'.1400' ..~tl~,W~Filii~'lli\1ll~l~~~, ~. -=---~. '.. ...'.!llI01!.... . ~:il"1ln.:=.l~U~~'iiaD~.I~ml>l:I::IIIJll...,l..:I"'.~.':I=.IIlT.'II.:..!JI[.t:I.I:.I..m..::I..."I.I.I=:.......,~:III~"....HI.~J."i:a: . _ . ' ". ........ . ,- ".r ,'" ''':, ',' _, ", ',' , " , . ~. _ _ ~nl=-::I.J...UJ1Tjl:.lIll::u.=---..,::c!lolII.nlll/M::I"",.~i1:I::h._; . FEDI3RRI:\o1AI\l&,'RHELAN ' . CDMMERC. EBANK 3-1801360 CHECK NO 'ilTTIiJ NE~ESOROW ilCOOUNT . PH'I"'D' E P ONE":PEr-IN'd::N:J;ER SUITE 1400 ~ 'PHIA, A19146 201459 PHll.lA:b"LpHIA,Pi\ i 9103-1814 DRM 'o!;.22':llJ'02 Pay t;INE AND 00/100 DOLLARS DATE . AMOUNT . 5/22/2002 .***t***~***9.00 . VOid after 90 days To The Order Of Prothy of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Ii.. t_.:II_....I.IIlUIM=~I.I<I.I~...'I~~:I::r,,.~:I,;~.U;j:::ll'I~I:~...mll:.~I:.~.I::I..~_;I:I:I~.I::I..I..j"1~~~!I;f.~~:.I::r'1.1......',';'..:.~1::r',._~ 1;~"~" .', "' ...'..,.'''''''',~''--''''''''''I>..'''('t' . ""c"-,,, .c. ,-. .;- -: :- -:' ,':':- '.,' ,:, , , ',' ;:. ' '. " '':\.'" :r. c, " ';--91'.,.,<.-'" ~ II' 20 ~ l, 5911' I:o:! bOO ~8081::! b ~ 508 b b bll' ~@~"<:'-'~""""~"~i!!I~" ~ T~r , ~I ;' - ~r"ry" >~ '" I~ -""""'.,.."'~ ""_"~,"'~4':