The URL can be used to link to this page

Home My WebLink About01-06938 ,\" -,-~1~ , I' . FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (71 'i) 'i(),_7000 COURT OF COMMON PLEAS CIVIL DIVISION ATTORNEY FOR PLAINTIFF FIDELITY BANK, FIKJA FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB 100 EAST ENGLISH, PO BOX 1007 WICHATA, KS 67201 TERM Plaintiff NO. 6/ - fpqj7i ~ v. CUMBERLAND COUNTY WAYNE J. FRANTZ TRINA C. FRANTZ 803 BRIAN DRIVE ENOLA, P A 17025 Defendant( s) CTVTT. ACTION - T.A W COMPT.A TNT TN MORTr.MiR FORF.n .osmm NOTICR "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. ., 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 TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 0095848264 "',~,..." < i ,~ .~ j- ,-,,,:-ry If -~~ .~~ IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS 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. '.'~'W~U"" ~", ",,~~ , 7' c, I -~ 'r" -, - ~......."~""'~ 1. Plaintiff is FIDELITY BANK, FIKlA FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB 100 EAST ENGLISH, PO BOX 1007 WICHATA, KS 67201 2. The name(s) and last known address(es) of the Defendant(s) are: WAYNE J. FRANTZ TRINA C. FRANTZ 803 BRIAN DRIVE ENOLA, P A 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 12/13/93 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to BANCPLUS MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1185, Page 400. By Assignment of Mortgage Recorded 1/27/95 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 490, Page 235. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 8/1/01 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. ""'~:'*'~':,.",,7____ '____,.". '1' ?....,"- 1-- , ~- -'- -~--, - , ~l,,~~ 6. The following amounts are due on the mortgage: Principal Balance Interest 7/1/01 through 12/1/01 (Per Oiem $11.08) Attorney's Fees Cumulative Late Charges 12/13/93 to 12/1/01 Cost of Suit and Title Search Subtotal $57,762.34 1,706.32 1,250.00 87.72 55DJill $61,356.38 Escrow Credit Deficit Subtotal 93.30 il.illl ($....21.3ll) TOTAL $61,263.08 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $61,263.08, together with interest from 12/1/01 at the rate of$11.08 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. ~~ /~/ FTl=Ink Fp.lit~nmm FRAJ{KFEDE~,ESQUIRE Attorney for Plaintiff "'~~"'. -{ 1 '^-'-~'- -.-," , e_, -~ 7, - . ~,' . J\1.L TIIAT CERTAIN unit in the property known, named and ldent1fi..(j in tlle Decla- r"clt;on Plan. referred to below as Westwood village Condominium locat.€!d ill ~dst Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania. which has he~n"tofore been submitted to the provisions of the Unt't Property Ac.t of P<!nnsyivania. Act of July 3, 1963. P.L.196. by tile recording in the Office of Lhe Recorder of Oeeds of Cumberland County, Pennsylvania. of a Oeclar..tlon Crea- t1:nq and ES1.ablishing Westwood '1lllage Condominium dated January 29, 1975, and recoraed on January 29. 1975, in Misc. Book 213 at page 283, and amended by a cert.ain First Amenament to Declaration Creating and Establishing Westwood Village Condoml n i um da ted May 28. 1975. and recorded on June 22. 1976. in Mi so. Book 222 at page 729, and a certain Second Amendment to Declaration Creating and Estab- llsl>lng Westwood Village Condominium dated July 21. 1976, and recorded on July 26, 1975, in Misc. Book 223 at page 343. and a Code of Regulations of '.Iest',lOod Vi Ilage Condominium dated January 29. 1975, and recorded on January ,'9. 1975, in MlSc. Book 213 at page 320, and amended by a certain FIrst Amendment to Code of R"gu I at lOns of West',wod '/lll age Condom i n i um da ted May 28. 1975, and recorded on June 22, 1976, In Misc. Book 222 at page 737, and Oeclaratlon Plan of Westwood Village Condominium dated January 29.1975. and recorded on January ~~9. 1975, in Plan Boak 25 at page 15. and amended by a certain First Amendment. to Declaration Plan of Westwood Village Condo I' d' 1976, in Plan Book 28 at a em n.urn ated,July 21, 1976, and recarded on July 26 ;/estwood Village Condomin\'u~ a72ube~n~ de8s0lg3nated on said DeclaratlOn Plan of known as 803 Brian Drive s nl o. ,1.,2 Hi3 In Black 112, 13ullding No.1, descrlbecJ in such Oeclar~t;~~1~ja~Umb~r6an1 County. Pennsylvania. as more fUlly ~'estwo,?d V I llage Condom!ni um a than ec arat lOn Creat 1 ng and Establ i shi ng !ncludlng and amendments tl1e~et s e s~rne appears of record as set forth above, In,the Common Elements (as defi~~dT?~E~~~r ~Itr a proportionate undIvided interest T1llrty-four ThOusandths Per Cent (1.5341;) ~ ec aratlon) of One and Five rfundred PREMISES ON: 803 BRIAN DRIVE ^ "'M"'F?;".11W "_" , ,~, . ., , f - ~--", I ~ ,- - ....- VERIFICA nON FR.ANK FEDER.'vL\..."I, ESQUIRE hereby states that he is attorney for PlaintilTin this matter, that Plaintiff is outside the jurisdiction 0 f the court and/or the veritication could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure is based upon infonnation supplied by Plaintiff and is true and correct to the best of its knowledge. infonnation and belief. Furthennore, it is counsel's intention to substimte a veritication from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. c. S. Sec. 4904 relating to unsworn falsification to authorities. ~ Frank Fedennan, Esquire Attorney for Plaintiff DATE; ,a..-<'-Ol ,\ X:~$? ,.~ n. , 7",", Ph, .,""" -~ .' I 0,,- ~ _ M ~ ~". ~ -~ ~"-, ,. "-~, ^""""-"'"""'.'~- ~. ~""'"W".., ~".~,'"',' "'-:'%l'.'__C'~",__,C~"'" ~ 'oe''''''<O''''''''''='' " - - .....~,.~~. ~,- }~~C3\-'.:):--'~ ""']'1" ~ Q R ~ - }.-. )~, 0 co. - - (j- c: <'- ~ 1" ~ cflV" --'oj c..l'1 ~. ') -t) \ ... ,,,,~'. '_-~"J C><) V Uv 2' ]v u-J \ (I) C:) -...J -<.', C><\I ~ -t.~ ~~li:~. ""'T ~ \~ :;2(:; F'-) ~ "-'C:. .~ 2: -j j:- -" "-' (0) W"l~lij~~., _ _ T ,~J_" _~ ,,~~~~~jT, '0 _~_:"'"' ro,',". "p~~~"'~i"W""5,y;,,'r;:,j/1'k, '_~1 ~--,_,_"",,~;;4;''!'0;i'.'~",,*,,iWf>;;I:~W>;~ji'i'~~'f)iW,*;'1':fp!:~.M~~~iY;:~~;'' 17' ~-- ~ FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 I) l~) ~nl_7000 ATTORNEYFORPL~~F COURT OF COMMON PLEAS CIVIL DIVISION FIDELITY BANK, FfKJ A FIDELITY SA VlNGS ASSOCIATION OF KANSAS, FSB 100 EAST ENGLISH, PO BOX 1007 WICHATA, KS 67201 L; c. ~::~ Plaintiff TERM NO. Of- ft,or-j<( :::--:." ;:; L'- v. ~(.~II;~ - #- :;:r-.~~~. ...:::;; .; CUMBERLAND COUNTy;:> _. WAYNE J. FRANTZ TRINA C. FRANTZ 803 BRIAN DRNE ENOLA, PA 17025 Defendant( s) "';:. <>;~ A ...j~!1 "'1. - ....I:~,..,' F./ ._ 'c.", 0, r" . ,.w ^ '1,.,;'::<. -',:.:, ~, ,:"~'" ~l" ',,,'-' ~." : '"~, <,/,::.,,:,~.(>., ~:./., 'J.~~ "" l,',.1'o. j",- ~... '. ";. .~" .....,.....i.) ....t.. ... '- '- ~ '"',' .,1::," !_''-' '. .- .. .....lIJ..:.;.:..,r ,/.- ~" h.1/ I' '1;1 CTVTT, ACTTON _ T,AW COMPT ,A TNT TN MORTr.Ar.F. FORFCT OSTTRF NOTTCF. "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR TIIA T PURPOSE. IF YOU IIA YE 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. H 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 Lhe Complaint or for any other clailTI or relief requested by the Plaintiff. You may lose money or property or other rights impOrla11t to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. ~ YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTI! BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Loan #: 0095848264 . (.""'.;., '^- .--' ~<I' -., \ /<~~i~~0j TRUE COPY FROM RECORQ1::;::.";J~.\>'> In Testln'Irmy whereof. I here unto set ml_'\.J\\P : ttIt _. of said~.. "Carl.Isle...Pli:~' <<'\Y c ~~~ ~s".~ PlIIIIIlIIlOtal J CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Wo here':y ccrtrfy tlle within to b3 (1 truo and cor"'''ct "~~',J c'" t' I~ .....vfj; l {!:Q .. I'" OriginS lj:BC of record FED~Rf\!A[\l AND PHeLAN _'-;<ci'~""""'~_" "- -r-- I~"'" -j," . -,-- ~ ~~oo :- . '" FEDERMAN AND PHELAN, LLP By: FRAJiKFEDERMAN,ESQlmRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (? 1';) ';(;,-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION FIDELITY BANK, FfKJA FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB 100 EAST ENGLISH, PO BOX 1007 WICHATA, KS 67201 TERM Plaintiff v. NO. CUMBERLAND COUNTY WAYNE J. FRANTZ TRINA C. FRANTZ 803 BRIAN DRIVE ENOLA, PA 17025 Defendant(s) rrvrr, ACTTON - LAW COMPT ,A TNT TN MORTr.Ar.R FORRCT ,OSTTRR NOTTCR **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION 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. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. We hereby certify the . \'Vnhin to bo n ~rur,) 8.~d c()rr,;r,~ '~;J~~.\$ :~: ';.~~8 C...j('~l~''-'~ ;;'!.~,..~ ~.,:. :.r..:"'.....;.C ; .::j;"':'-" i........... 1,_'. . '-,>~ .3. f~::::JE'..=:)..~).>'.1 ,::'_\:, ~::;-~::~,,;S\l CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 Loan #: 0095848264 ""l~?';' -~1~,,""~ .Jl!if'~. r. 1"'-." "...~-"..~~ . ... IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS 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 WITmN 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 TmS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN TmS 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 TmRTY (30) DAYS AFrER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITmN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF TmS 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 TmS SUIT. --","\t"!'~#_,-",~ ; - ----;: '1'~ 4 .~~. ,:;li'~""JW.\~", . ,. 1. Plaintiff is FIDELITY BANK, F/KJA FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB 100 EAST ENGLISH, PO BOX 1007 WICHATA, KS 67201 2. The name(s) and last known addressees) of the Defendant(s) are: WAYNE J. FRANTZ TRlNA C. FRANTZ 803 BRIAN DRIVE ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 12/13/93 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to BANCPLUS MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1185, Page 400. By Assignment of Mortgage Recorded 1/27/95 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 490, Page 235. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 8/1/01 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. .~ - 10 = "' "~'M _ ., , ,~ ,~." ~,~=-' L , 6. The following amounts are due on the mortgage: Principal Balance Interest 7/1101 through 12/1101 (Per Diem $11.08) Attorney's Fees Cumulative Late Charges 12113/93 to 121110 I Cost of Suit and Title Search Subtotal $57,762.34 1,706.32 1,2.50.00 87.72 .iill.llil $61,3.56.38 Escrow Credit Deficit Subtotal 93.30 ll.illl ($.....93..3.!U TOTAL $61,263.08 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $61,263.08, together with interest from 12/1101 at the rate of$II.08 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. 1.1 Fronk F"ci"""on FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ,,~=. . ~~ - .~...--"""""- - " AL~ TIlAT CERTJ\IN unit in t.he proper-ty known. named and Identifi~cJ in ~he Oecla- r'at.~on Plan. r-eferred to below as Westwood Village Condominium local:ed In I;dst I=lennsboro Township,. C:..Jmber!and Count.y, ConlmonweaJth of Pennsylvania" .....tltch has her~tofcre been submit::.ed to the provisions of the Vnlt l='roDert.y Ac!:. of Pennsylvani.:2. Ac't of July 3. 1963. P.L.196. by tile I"'ecording in tile Office at Llle Recordel'" of Deeds of Cumberland CQunty. Pennsylvania. of a Oeclarat!on Cr~~- t.ln4 J,nd Est.ablislling Westwood 'Jlllag8 Condominium dated January 29" 1975. dnd recorOed on Jdnuary 29, 1975. In MIsc. Book 213 dt page 2B3, .,~ .mended )y . Cer"tclln First ;\mendment :0 Dec:aration Creat.ing and ESl:.abl ishing westwood '/11 ~dge Condom I n i urn da ted ,'lay 26. 1976, and recorded on June 22, 1976, in M i so _ Bock 222 at ;Jo1ge 729. and a :::ertaIn Second Amendment to Declaration ::reating and .=:stub- I ishlng '.4es't'",ood Vi llage Condominium datet.l Juty 21. 1975. and recortled ,,:)0 July 26. '975. In Misc. BoOK 223 at page 343, and. Code of Regulations of Westwood Vi: l.3ge Condominium dated January 29. 1975. and r9cordeCl on Januar.y 29, ~975. in ~ISC_ Book 213 at page 320. and amended by a certain FI~s~ Amendment ~o Cade or ~equiatl~ns of we5t~ood Vlltage Condominium dated ~ay Z8~ 1976, and recor~ed on Jun~ 22. 1976, In Misc. Book 222 at page 737, and Oecldra~ian P~an of Westwood '/i~;dge :ondomlnHJm dated Janual"'y 29. 1975. and recorderJ co Januar;/ 29, 1975, in Plar. gaak Z6 dt page 15. and amended by a cer1;ajn Firs!;. Amendment. tel Declaration ~lan of Westwood VILlage Condomin'um d. " . ,.976. ~n Plan Soak 28 at pdge 72 be' a~eci >July 21, ,97~._ and recor-ded on JUly 26, ~estwood Viljage Condominium ~s Uni~n~o e~~jnate~ on~S~lc Declaration Plan of KnOwn as 803 6r' an nri ve E ., 1.~ TIL In 91 cck it2 Bllll d! ng ~o 1 ::jescrfbed in SU~h O~ciar~ti~~t~ia~umberli)nd Cou~ty. Penn~Ylvanld. 'as more Fu';r;' . ~e:st'woQd Vi 11age Condominium as"11 3nd Oeclara"tlon C.l""eaClflg' and Est.;!c! i shing ~ncluding and amendments tlle~eto "'re ~~me aPI?;ars of record dS set fOl""':h above, .In.the Common Elements (~S defin~d ?~c.lITE~ ~l..~ a e~Opor.tlonate undivided interes~ rJl1l"ty-four Thousandths Per Cent (1.5J~7~~'.' ec ara...lon} oF" One and .C'lve rfundred PREMISES ON: 803 BRIAN DRIVE ',~~_l!J '''''','_ t~,_,,__~_ '"'- - ~~ <."", ~" _ 0 r ~" , "_."".~ - .""""1","-' ~ ~ 1=""'" ~ , .' VERIFTC.-\ no,>; FR.\:'-;K FEDER.\L"-". ESQURE hereby states that he :s clttOr.1ey cor p1climiiT::1 :his matter rh:1t P!aintirris outside the iurisdiction ot'the coun clnd,or :he ver:t:ca[:on~oulJ . . not be obtained within the time clllo\ved for the tiiing ot'the pleading, that ile :s :lUthorized to make this verification pursuant to Pa. R. C. P. 102-!- ( c ). Jnd that the statements made in the foregoing Civil Action in \<Iongage Foreciosure is based upon information supplied by Plaintirr and is true and correcr to the best of its i<''1owledge. informarion and belief. Funhermore, it is counsel's intention to substitute:l verir:cation from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the pemi[:;~s or' i 3 Pl. c. S. Sec. 4904 relating to unsworn falsification to authorities. ~}~ Fran..l( Federman, Esquire Attornev for Plaintiff - DATE: jJ..-&-bl -,~!Jtii\>Wf;~1I If - r , .,. id;l*,~!,i1\mW1:cd'~i!!""!!;"i1"H,n"F_H:J."""", " ,,~&N__-\>i,":!f;;'8<d,';,,~,~,,'\;j'hL:,,),,~"',V"""->~'~~; "';,""h>~~~~.;:1KJrw;;jMji;l~~~~~~W..l!llllili~!ll'''-" ," :.r- 'ILl' ~Qj;j -~ " l, tl f-~ ~ ~<( 0 :1- Z :~~ 1 ?-o" f: : l! . b- : f[;.\ (). ~. .. '-U~ .( ....., . :' b . . ~ 1~ ,?-'O(?,,,,,,,,."''''''_ OFFICE or THE SHERIFF CfJMrtii~ ,J!) COUNTY JnH 14 2 34 Pr'1 '02 c j~ i -. i..~i :., r > pniNSYLVA~"iII~ ":". ~~"-"-< ""e, ~ ' _.it ~~ @iiitt of tqt ~4triff William T. Tully Solicitor J. Daniel Basile Chief Deputy M.ary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Connnonwealth of Pennsylvania FIDELITY BANK vs County of Dauphin FRANTZ WAYNE J Sheriff's Return No. 0028-T - -2002 OTHER COUNTY NO. 01-6938 AND NOW: January 7, 2002 at 5: 30PM served the wi thin NOTICE & COMPLAINT IN MORT FORECLOSURE upon FRANTZ WAYNE J by personally handing to HARRIET FRANTZ, MOTHER OF DEFENDANT 1 true attested copy(ies) of the original NOTICE & COMPLAINT IN MORT FORECLOSURE and making known to him/her the contents thereof at 3091 E. HARRISBURG PIKE MIDDLETOWN, PA 17057-0000 ~cl . . (\ v~OtlvTtJ ~. l fJ~ PROTHONOTARY So Answers, Jf~ Sworn and subscribed to before me this 9TH day of JANUARY, 2002 B Pa. Sheriff's Costs: $0.00 PD 00/00/0000 RCPT NO QUIGLEY ~rk'<l,*llf~..._ -~<T-, I ' ~ '" -, '.1'. ~~~ -~. -~'"_.""""--~'~"~-~"""",. Iri The Court of Common Pleas of Cumberland County, Pennsylvania Fidelity Bank VS. Wayne J. Frantz et a1 SERVE: Wayne J. Frantz No. 01 6938 civil Now, January 3, 2002 , I,SHERIFF OF CUNIBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk ofthe Plaintiff. ~f"";' /~. .r '-:~:~4'''(f.~ Sheriff of Cumberland County, P A Affidavit IOf Service Now, ,20_, at o'clock M. served the within upon at by handing to copy of the original a and made known to the contents thereof. So answers, Sberiff of County, PA Sworn and subscribed before me this day of , 20 COSTS SERV1CE MILEAGE },,.FFIDA V1T $ $ ';+'11i..'"'";;W~~ ~-<-.; ,'-~- - ""'''' - , ,"- ,,- -'I - ,1'1'." ~ .."l!... , ,~~~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-06938 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIDELITY BANK ETC VS FRANTZ WAYNE J ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FRANTZ TRINA C the DEFENDANT , at 1812:00 HOURS, on the 20th day of December, 2001 at 604 SWARTZ STREET SUMMERDALE, PA 17093 by handing to TRINA FRANTZ a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 11.04 .00 10.00 .00 27.04 ~~~.(? R. Thomas Kline 01/14/2002 FEDERMAN & PHELAN Sworn and Subscribed to before By: 1T~ puty Sheriff me this .2:::l~ day of ~ dC7J.2...-- A.D. Qt'. 0.. 7nJ;, s>tO"./f' r thonotary t '::;:'WJj;llf,1i,e}~llIlt ~- 'fl" Q- ~'--"~~~-" ~," r SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-06938 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIDELITY BANK ETC VS FRANTZ WAYNE J ET AL , Sheriff or Deputy Sheriff who being R. Thomas Kline duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: FRANTZ WAYNE J but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On January 14th , 2002 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin County 29.25 Mileage 12.42 78.67 01/14/2002 FEDERMAN & PHELAN S~~. ~~::..... . ~- ./ ,..-- ..- - - R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ';;';;MAl, day of4"",,, M7 :201).2 A.D. ~o.~;., ~ Prothonotary ',>,'$l.i!:>7;I>"'-<!S~. ~__? -, ?'O'" ~I -~ "P~~ " Ii ~_.--- J FEDER.'vlAN 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 (? 1~) ~1i,-7000 ATTORNEY FORPLNNTIFF COURT OF COMMON PLEAS CIVIL DIVISION FIDELITY BANK, FIK/ A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB lOa EAST ENGLISH, PO BOX 1007 wrCHATA, KS 67201 Ci , ,,' Plaintiff TERM NO. ty - U-"Y5Y v. '-eA' '-, ...-,..-'-, -, " I. -- --. ", CUMBERLAND COUNTY:;) WAYNE J. FRANTZ TRINA C. FRANTZ 803 BRIAN DRIVE ENOLA,PA 17025 Defendant(s) ~k> '~ -'/''': /~!?,. ,r ~ ,,;.7 I I ....,:,:"-/'?{J.t> ^ {';_."':" ", <~4\ 1"'1 r. .ii'".' """ <'<{.~~>' ; :.::/ ~.~~'i ~~.~, ....('"..y.("".::,(./~_..;- -"',l<- " /1;,":'" ''-'r ." "It -.' y' , . Ii! C'TVTT, ACTTON _ LAW COMPT ,A TNT TN MORTr.AGF. FORF.('J OSTTRF. NOTTCF. "THIS FIRM IS A DEBT COLLECTOR A TTEMP'fING TO COLLECT A DEBT ANll ANY INFORMA TlON OBTAINED Wll.L BE USED FOR THAT PURPOSE. IF YOU HA VE PR~:VlOUSL Y 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. .. 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 Lhe Complaint or for any other clairn~ or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. We here':'y C0;t;fy the within to be; n truo and corr(:ct CC'iJY oJf U1D Orj(jl,'ll~'ll<:H~r! r:-"l. !~('\r'~~':d ";,j ..... u...,............. __..."'" Fr=n!=RM ^~, A^'D r->u'=l.AN ~..,I"J _, tH.i'"'\l'. .p'l r-l-~i-. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 " {:' . . ' t~-"" \ .,....->. ,\ ,.r., :,. ,:o~,)., ....~,',..' ~ of, 'r:-',-'. -v ,"~~<' TRUe COPY FROM RECORD ~.;>:.\\~2? In Testimony wher8!lf, I here unto set my ~;\:j:'<~.s(," and tile seal of said C at Carlisle ;j"'t;r?~:-~> \() Th day .~' , -.(v Loan #, 0095848264 --';','~Ni','f\"W~_ I!""'" .. " ,?~i"''I'--- - ,-""" f , , . FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (71 'i) 'i/11-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DNISION FIDELITY BANK, F/KJ A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB 100 EAST ENGLISH, PO BOX 1007 WICHATA, KS 67201 TERM Plaintiff v. NO. CUMBERLAND COUNTY WAYNE J. FRANTZ TRlNA C. FRANTZ 803 BRIAN DRIVE ENOLA, P A 17025 Defendant( s) CTVTT. ACTTON _ LAW COMPT ,A TNT TN MORTr.Ar.R FORRCT .oSTTRF NOTTrE "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. .. You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. We hi3reby certify the \\iithin to be 0. tru'J 8.~d CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 .......,,.- """........ ...."',.,'.f ,......1: .; ~~,....., l..rVlr,.,'I.1L V'_~',)~I _,,j ,...1.... .. ,.... , '.. '~"d c...,...~~-,...l 't';",.., r'~' ,.r"; , ~.~~~~'.~.'~ H.~~~~ l<~ "\..;-::~';;'r:~ ,~~~, L. __, }_,_."\ ,,--,,,";, -_' ..; 'u r ;. _~.~.. ,I ~ ~ '_~~_.2 ~...r-l,~. ,,'"'-', - , . Loan #: 0095848264 ,,,""~jp,~",,"l;r~~~~ . ^'" .. ~I -'" . . . --~~-,- -'> <>;101j4l#tGt"~~.,_,__ - r . , IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS 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 TmS 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 TmRTY (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 TmRTY (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 AFfER YOU HAVE RECEIVED mIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITmN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF Tms COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR omERWISE) 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 Tms SUIT. T ,~- . . ~- - ,- " ~ , -1~ ", . . , . 1. Plaintiff is FIDELITY BANK, F/KJA FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB 100 EAST ENGLISH, PO BOX 1007 WICHATA, KS 67201 2. The name(s) and last known address(es) of the Defendant(s) are: WAYNE J. FRANTZ TRINA C. FRANTZ 803 BRIAN DRNE ENOLA, P A 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 12/13/93 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to BANCPLUS MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1185, Page 400. By Assignment of Mortgage Recorded 1/27/95 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 490, Page 235. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 8/1/0 I and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. :j~~ii;;.w"'i~~H: . -"'~_~~_",,____ _ ,..... -"l' " -~ , 6. The following amounts are due on the mortgage: Principal Balance Interest 7/1/0 I through 12/1/0 I (Per Diem $11.08) Attorney's Fees Cumulative Late Charges 12113/93 to 12/1/01 Cost of Suit and Title Search Subtotal $57,762.34 1,706.32 1,250.00 87.72 <;';000 $61,356.38 Escrow Credit Deficit Subtotal 93.30 QJlll (L2:L1Jl). TOTAL $61,263.08 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. WHEREFORE, PLAlNTIFF demands an in = Judgment against the Defendant(s) in the sum of $61,263.08, together with interest from 12/1/01 at the rate of$l1.08 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the ~oreclosure and sale of the mortgaged property. /~/ FT::Ink Fp.np.nn::ln FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff -"UJff4_~O-";S!l'<<":l~~ "_",_~__>",_~, _.. W I-~~--'" 1 ~ ,~" =-""_'~"'N~ ~~ .i'< AL'.. 'iIlAi' CER:TJ\IN unit in the property known. r,amed and Identified in ~he Dec~a- r"at;on ?lan. referred t.o below 3S westwood village Condo"tinlum loca{:ed 111 !;as-: Pennsboro To~nship. Cumber!and County. Commonwealth of Pennsylvania, ~hich has her':?tofore been 5uOmlt::ed to the previsions of the Unit:. Property Ac-~~ of Pennsylvania. Act. of July 3. 1963. P.L.196. by the recording in the Office ai' Llie Recorder of Deeds of Cumberland CQunty. Pennsylvania. of a Oecl.:H'at.lon Cr"l!!d- tln~ cJnd Est..ablishing '.4estwood '/lllage Condominium dated January 29.1975, and cec8rOed an January 29, 1975. in Misc. Beok 213 a ( page 283. and .mended ~y J certain First Amendment ':.0 Oec~a.,..atlQn Creat.ing and establishing tvJe$~'0'4ood \/tl~dc;e Conaominium dated ;-lay 28. 1976. and recorded on June 22, 1976, in Misc_ Beok 222 at ;:'J<1ge 729. and 3 ::ertaln Second Amendment to Declaration ::reat.ing and ES~J.b- lrsillng '~est:.-Iood Vi llage Condominium date<.l July 21. t975, and recarded on .July 26. !976. in Misc. Book 223 at page 343, and a Code of Regulations of ~est.-luod Vi: !jge Cul1dominium dated January 29. 1975. and recorded on Januar'y 29. ~975, in MI$C. Book 213 at page 328. and amended by a certdin ~if"st. Amendment. to CO(Je ::::1" Requlatlons of westwood Vi!tage Condominium dated ~ay 28. 1976. anc r9cor~ed on Jun~ 22. 1976. In Mtsc. Book 222 at page 737. and Oeclaration ~lan ~f Westwcod 'Ii! ;dge :ondomlnlum dated Januar"y 29. 1975. dnel recorded on January 29. 19i5. in Pia" Bock 26 at page 15. and amended by a certain First Amendment to Oeclara(ion ~lan or 'Westwood Vllldge "'ondomin'um da~ d . I' 2 . .976, in Plan Book ?8 at -a e 72 )~. e..JU y " 1975, and reca''"ded on JUiy ?6 ~estwoad Village CO~dom1n~u: ~s u~~~n~ode~~~nated ~n~S~id DecLaration Plan of -, "jnown as 603 Brian ~rjve Enola Cumberiand c'al,; TILp In Slock 112, Building No_ I, cescrlbed in such Declar~.' u~'-Y. ennsy!vanJd, as more fu::y r~iestwood Vi llage Condomin ~lon rla~h 3nd Oeclara"tlon C.reacing and E'st~ol i sl1ing Including and amendmem:s ~I~~~e~~ 'T~G~l~~~R appears :of rec.:ord dS set forth above, rnthe Common Elements (as defin~d . e . ~'(? a proport:anate undivided interes' TIll rt.y - four ThOUSandths Per Cen t. (1 ~ ~3~~~'~ ec ara-: i on) (1 F One and ,I:' i 'Ie Hundred ... PREMISES ON: 803 BRIAN DRIVE 'L"f!r'f,~"',,""'1'~I!L, _, _~~~, __', 1- , I" ~,,",,,,, ~ .~ . . . . V1=RIFTC\ no\" FR.\-',1( FEDER.\L\..'\;. ESQCTRE nereby states ,bt 'Ie :s J.ttOr.1eY tor Pl"i:1ti:T::1 this matter. th:.tt Plaintir! is outside the jurisdiction of the court J.nd or :he ver:rlc:.ll:orl20ulJ not be obtained within the time J.llo\ved for the filing of the pleading, that ;;e :, authorized to make this verification pursu:lI1t to Pa. R. C. P. 10:4! c ). J.nd ,hat the statements made in the toregoing Civil Action in :vlortgage Foreclosure is based upon information supplied by Plaintit!:lI1d is true :lI1d correct to the best of its :mowlecge. information:lI1d belief Furthermore, it is counsel's intention to substitute:1 veriric:uion from Plaintiff as soon as it is received by counsel. The undersigned underst:lI1ds that this statement is made subject to the penaiti,~s ot' 13 Pl. c. S. Sec. 4904 relating to unsworn falsification to authorities. ~}~ Fr:lI1k Federman, Esquire Attorney for Plaintiff DATE: Id- -(.-0 I ::*";<if'.-"'~~''''''~'''';_'"'l~ _ _, ~ - ~~~~ -j!~~~b'1l~ilMlUI*,i;;'q"'~"M.igf:h~':~~.A~'d~.:H i'"~,_,,',,Y;b;.','-"'&~i~'";:;!',M:'-,\iPL"""""" <,,"'r'Oji;Jil!~!~!fiii,iiiJ,~,~lli;;iJ<tM!i#iII!l!i&W;f.;F!.:;tllli"df"";'""ilii1-"'" ltI_ OfFiGE OF 1',[ SHERIFF CU~415fnL.; l":c~' C~)!JNtY JAM \4 Z 34 PM '02 , ......, ~- P E ~j'lits ~r'LVA~11 A .-~""- .....- "~_'.'...._.._~__L.L. .. .. "'. ,_ ...'. ._.'..........._ L.' ...."'_~ _. ~". "_ ~, ""' ~, _ _,~.c _,","","'_~'" -'~" _ ',~'~""'" t1s~ - .,' FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (71 ~) ~{)'\- 7000 Attorney for Plaintiff FIDELITY BANK, F /K/A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff vs. WAYNE J. FRANTZ TRINA C. FRANTZ Cumberland County No. 01-6938 CIVIL Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FOREC~OSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. ~~~~Q~RE- Attorney for Plaintiff Date: January 7, 2002 CZC, SVC DEPT ",'ir",,,~,,,,,.,,,,~,,,<,,,,w,,,~~_ ~ ~~ __^.~O, ~ , r' -.',f- -= _. li_,^._.~l:l~_J!"II""Yf'i'f ',r- ~ 1ft.I" ',_"<"'ffl'l" -. ,,' "- ~, """ "cO, ~,~, '. 1[, rJ:J w!rilJlj"l~ '~ll'.".!4J~, ."" 'W. ". "0 '- ~,,-,,,-~,~'~~.-ih"4'1,,,,,q;<,,c;." '. .,~ . o roo ~:: -00::: mCr, i~. CC-; ';;Q 2;( .c )OCs. ~=i .<. C) \,"0 ~ -".'''-~).-'-''''''''''''-''~'-'''''''-i_-~'''''''-'''')>H''''1i':'1' () "01 "'-'1 '---:.~~l 'v _T ~~ ::-Or', _ -',', ,--";" ---;" '-.-' ..~:,\,---C, ,--,', .-.-, :r., ':0 -< t;? c:'V !3' e/-J $ . '~_""",~,~.",,"~~1~'!!';f"'-'Nl!r_:,,;,.::-*~:i''''''f''''fi'f-o'-'''.,;,~;<:;-, ~O'"!'.,i'!c""';"',!(~H?};:;1>%'''~1~''w,mf~i1 '1<-"f'''~@~';W~~..,. _)'~~.!~' . 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 PHILADELPIDA, fA 19103-1814 (215) 563-7000 FIDELITY BANK, F/K/A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB 100 EAST ENGLISH, PO BOX 1007 WICHATA, KS 67201 CUMBERLAND COlJNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 01-6938 CIVIL WAYNE J. FRANTZ TRINA C. FRANTZ Defendant(s). PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against WAYNE J. FllANTZ and TRlNA C. FRANTZ, 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 12/1/01 to 2/18/02 TOTAL $61,263.08 $886.40 $62,149.48 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. ~~, FRANK FED RM , ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDIC~ DATE: F8..~ ;) ~ ~ ~ I7f,; \ ~. PRO PROTHY cp e?<~ 1"..",,,,,,,,,,,,--. " . , "' ~ ~ " . , (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FIDELITY BANK, F/KIA FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB 100 EAST ENGLISH, PO BOX 1007 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 01-6938 CIVIL WAYNE J. FRANTZ TRINA C. FRANTZ Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 3:-~~ ;J P 2002. ~: 41{JP.~m~ DEPUTY -L' If you have any questions concerning this matter, please contact: FRAJ{KFEDE~.ESOlITRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. 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 HAVE 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." ,"",,~"il~~(lI5'I,,~. """~ '1"~ " .. -I . "-~ - ~,", "~=,.& ~~fi~~~ 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 FIDELITY BA1~K, F/K/A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB Plaintiff CIVIL DIVISION CUMBERLAND COUNTY vs. NO. 01-6938 CIVIL WAYNE J. FRANTZ TRINA C. FRANTZ Defendant(s) TO: WAYNE J. FRANTZ 3091 E. HARRISBURG PIKE MIDDLETOWN, PA 17057 , ..-' DATE OF NOTICE: JANUARY 29.2002 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 COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 ~/~<.. - Frank Federman, Esquire Attorney for Plaintiff . " ' "'! ''",-,-,'_-'~,''', - "'1"'" - ~~~<-, c",__ ., ~. -. ,. 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 FIDELITY BANK, F/K/A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB Plaintiff CIVIL DIVISION CUMBERLAND COUNTY vs. NO.01-6938 CIVIL WAYNE J. FRANTZ TRINA C_ FRANTZ Defendant TO: TRINA C. FRANTZ 604 SWARTZ STREET ENOLA, PA 17093 DATE OF NOTICE: JANUARY 29.2002 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 writin9 with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ~~ Frank Federman,. Esquire Attorney for Plaintiff 'k~J;' " ".,,"" - , ;- . "-. "" , ~", FEDE~andPHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F'. KENNEDY BL YD., SillTE 1400 PIDLADELPIDA,PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF FIDELITY BANK, FfKfA FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB 100 EAST ENGLISH, PO BOX 1007 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION Plaintiff, v. NO. 01-6938 CIVIL WAYNE J. FRANTZ TRINA C. FRANTZ Defendant(s). VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attomey for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are noTin the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant WAYNE J. FRANTZ is over 18 years of age and resides at , 3091 E. HARRISBURG PIKE, MIDDLETOWN, P A 17057 . (c) that defendant TRINA C. FRANTZ is over 18 years of age, and resides at , 609 SWARTZ STREET, ENOLA, P A 17093. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. ~. FRANK FEDERMAN, ES~ Attomey for Plaintiff "!W.I1fl'''''!'?''''''i!'cm",~_ ,->- [ .' '";"'" ,~ ,~ ........,,- _" F'- r'-. _,~)~,,__~_" "1~._ ... " "",-.~ " '"~"'''''_k- ,_~ , '. '~~'\';. be r::J -lQ. t 7d ~ :-0 N=- o 0 C~. 0 C ~'" ','i <, -'1 0 ,-)[':6- 1'1 r -- -- S2S=.: ;':;.,1 kJ ~ -U ~r~ f'._} ~.~ 1-> 0"'; ():o ~,., ~ .,"" ~ c::c; !f" ~ ~~~ ~~ =:;.(") , .- ~ "'~ ~C) lD )>c f' z -, ,~ =< 0) ~ -, ..,_.J ,'~",~--4IolI.,~ " .-",4, _~,,~~~.,r" _' - ~~'1$I1i~'f!~~f='-"'"<:W"U'-F'C:"!Z~':~lWC;'*'fiW'''!i'~!.W'~.~'I.~'''''\<I1W~r~~J_~'t!"~~~,";_ nr~)i1~"'!~' ";_'1~M _ 1~ ~l ~ ... PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 FIDELITY BANK, FfKlA FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB Plaintiff, v. No. 01-6938 CIVIL WAYNE J. FRANTZ TRINA C. FRANTZ Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due ' $62,149.48 v' $1,093.54 $63,243.02 and Costs Interest from 2/18/02 to 6/5/02 (per diem -10.22) TOTAL ~L FRANK FEDERMAN, ES~UIRE 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. ,- ".^'" ',' - -~~ ~. ~,~,_ _o:l:i; , . - ,- " " - ~, ,~"""'-' > -" - ."- , '~-<>=""'~""~'~~-i-jh',(;;' ..' t-- In Q t-- .... ~ ~ 0"" E-<Q\ l";l;1~ ""'.... ~< ~;:$ ~~ .... ~ =:I Z ::;:< O~ 00 ~"'" '" 0 ~~ 00> >< ~ .... ~~ E-<OO !;; ....< ....l";l;1 ~ ~ ~oo "",00 U "E-< -d ~~ S~ NN ~'E' ~l";l;1 <l) ~ ~r:a (; E-<E-< l";l;1 = <l) ~f5: "'", ~~ '" ~ =:IE-< '" '" 0 ~ <l) ~O 0<:: .~ 0000 8>' '" ~~ ,1:) .. - ~ __z "'''' E-< .. p... \,,)~ "'0 .; ~~ h s ~E:: .. ... . <S ~~ l";l;1U ~~ >. =< '" h 00 ~;:$ z< <l) r-i~ <l) ...u ~~ ~~ j ~ ~~ =:IU 0.... <: ....00 0- ><~ '" S Q\Q\ ~ ~E-< f5:6 Q Q E-<OO ...,I,Q 8~ ....< ~ ""'00 .... U '" ~l";l;1 l";l;1" '" ~ .i::j ~ ...=:1 SZ <l) ::;: "'.... - ~ .~ < ~~ ~ ~ U 00 1." '," .~. ~ ,_:"",..IjTiJ!!!!l[l,><e"".~ ~_<.~._~~~~nllJFffl!!:l'i'''1I'~n~_1>~",'G'n<-J-i"4F)'' ''''O''F!~'',,",;~''I-''.'' "'''c _-'" ';;~'B"~"'~~,Q~,;;-CXP'~');~-"',"":-"rF '-l"~lh\f!M'@!lJ,!;~jj~~!'ff:'" . .-\LL "TH.\ T CERT."-!:--: unit In the property k.nuwn. named and idemified in the Declar:J.[ion Plan, .referred [Q helow as Westwood Village Condominium located in East Pennsboro Township, Cumberland Coumy, Commonwealth of Pennsylvania, which has heretofore been submitted to the provisions of the Unit Property Act of Pennsylvania, Act of July 3, 1963, P.L. 196, by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration Creating and Est3.blishing Westwood Vill3.ge Condominium dated January 29, 1975, and recorded on January 29. 1975, in Misc. Book 213, at Page 283, and amended by a certain First Amendment to Declaration Creating and Establishing Westwood VilIage dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, at Page 729, and a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21. 1976, and recorded July 26, 1976 in ""Esc. Book 223. at Page 343, and a Code of Regulations of Westwood Village Condominium dated January 29, 1975, and recorded January 29, 1975, in Misc. Book 213, at Page 328, and amended by a certain First Amendment to Code of Regulations of Westwood Village Condominium dated May 28, 1976 and recorded on June 22. 1976. in \-[ise. Book 222. ar Page 737. and Declaration Plan of 'Nest'yocd VilIage . - . - ~=\)ndc[r:.:nil.lm J:.l[~~ janu~r:; 29~ 1975. and recorded on January 29. 19'75. :n Plan Beak 26. at P:l.g,= 15. and amendet.l by .1 cerrain First .-\mendmem to Declararion Plan to Westwood Village Condcminium dared July 21. 1976, and recorded on July 26, 1976, in Plan Book 28, at Page 72 being designated on said Declaration Plan of Westwood Village Condominium as Unit No. 803. 1,2 TH3 in Block #2, Building No.1, known as 803 Brian Drive, Errola. Cumberland County. Pelli1sylvania, as more fully described in such Declaration Plan and Dec!ararion Creating and Establishing Westwood Village C0nC_C:7:~::~c!:"'" :.l~ t~e :':::..::-:'; :r;;k::..t: "~c. ~e'.::~<''': :5 3e: fQr..h o.oo~;~, i.ncluJing d!:d J.mtillin:.e::us d:.e:e:;). ':'CG.E~:-::::x ',\::Cl '1 ?l"0l.:'Gr-::10tl3.::..; u~:li',;iJcc. interest in the COITI..:.'11on Elements (as defined in such Dec~ara[ion) of one and rive hundred thirty-four thousandths Per Cent (1.53-'%). Tax Parcel #001."1. Tax Map #12-2992 TITLE TO SAID PREMISES IS VESTED IN Wayne J. Frantz and Trina C. Frantz. his wife bv Deed from Chesrer L. Heike! and Catherine A. Heikel, his wife dated 12/13/93 and recorded ' 12/!-,i93 in Deed Book R. Volume 36, Page 928. - N~ ,~._. . . ^ ,~ '_"~".""'" r'" '" -~~ """"""",,-' ,~~.,-~.- .,-, ',,"'~ ... p "- ...c- 5lJ .(Q. -p ~ ~ ~ ...... t i ,((), "g, ~ ';'0 ~ -:-1 ~ , c., OJ 0 0 C) C) ~ ~ ~ I.) r- () C r<) "11 -- - () C 0 ..t s: ...., .....} 0 --t~' - ~ -urc en f I I I I rnr,"' CO ..lU I Z:C, f',) ll...J l'- [jJ ~ Zl'" CO -- ,...... ~ ~~~I;' :(-) t (f'- ~(--:; ',",' """ ~, "'r'l -;:; - :::'f '~~(5 , z(c ~ , ~ , , , ~t -0:;'f-n ... - ~U '-P. ':~' PC :z; -",'; ::0 , -<. 0:- -<. " ""' ~ .... ""' - .~ '" .~,- "!_-:,~,~_,,~_:i!l1.\lI~~~~II'PIl'!\W1;Y;lW'JI01!1<::i'PI'''''1,,;:,,;;r1:'~'t:,,";1''-:f"'''<_'',1!''\''';'"':<''~';ii:Jf,''.j''\'~';,*Z';;01'1:'~",~;I'\-~ii~-''rf;iJ'''t~~!!ili\';~~;;r FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SIDTE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF FIDELITY BANK, F/K/A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION WAYNE J. FRANTZ TRINA C. FRANTZ NO. 01-6938 CIVIl, Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage () non-owner occupied () vacant () 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-Jv)~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff I Y'~"''''''''''. ,,-,.,-, +" - ~ r ~ , I -". , ," '".~ ,-~ - " ~ _ "'-~, "0_ " p~-," ,~. . '"' >~.- -,_""'" O-,"n~-"," w ~-~ ,,~--. '-''''''''''','-'J '-"'-<"""'-'~"""''''1h-~'_''._'~ 0 C:J C) C 1''0 -'n ""'- ." ~~~ -o'CC f'l men ~:n ZT N ~~; 0",) r::::c~- :e: -;~) ~c:: "--. ::::i -.;~:; (-) :J> ,-, Z::::jP'1 ......-.-" ":9 C "'" :z :'6 =< co "< c ,1l!l81l1!i[;Or;f~~$~~~1~llOi';'~-Ia\I\'!1"~"''''"'''"\';~''!c~.,-,--",{;'8i'\.Y''f!'j~,~"""c~!~~"~~r"'''''Nv:'';''''<lfWli&~~~__~,,'(~;;:'-;;- ,; FIDELITY BANK, F/KJA FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION WAYNE J. FRANTZ TRINA C. FRANTZ NO. 01-6938 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) FIDELITY BANK., F/K1A FIDELITY SAVINGS ASSOCIATION OF KANSAS. FSB, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Ex:ecution was filed the following information concerning the real property located at .803 BRIAN DRIVE. ENOLA. PA 17025. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WAYNE J. FRANTZ 3091 E. HARRISBURG PIKE MIDDLETOWN, PA 17057 TRINA C. FRANTZ 609 SWARTZ STREET ENOLA, P A 17093 2. Name and address ofDefendant(s) in the judgment: WAYNEJ.FRANTZ 3091 E. HARRISBURG PIKE MIDDLETOWN, PA 17057 TRINA C. FRANTZ 609 SWARTZ STREET ENOLA, P A 17093 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. ,:,fJ',,*,Yi\~'~ ~. q. '" ,- ~._,-~ ~~ '~-'f- ':__'~ , . 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) Republic Bank, d/b/a Flagship Mortgage Services 500 Washington Street Columbus, IN 47201 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 S03 BRIAN DRNE ENOLA, P A 17025 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 171 05 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 oflS Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. February IS. 2002 DATE F FEDE~,ESQlITRE Attorney for Plaintiff P"~ ""-1' .." I ' , ~- ~, ~- ~,.~ ,TjI .~ 0- ~. ~"." .~ _F ~~". ""/' .~ ,.. .,- 'w" O><~ ..w "-,,"~,~,.,,,. ,;, "'" ..,'- ,. ."0 ~ ~~."" "_":"'''''''''[-ifAlfir~l(njtl~ttVt f:~""-~ci'fYf-i . 0 <.:;) C) C N ." <" -., u'c-JJ rq mn-; ITl -~.-' Z:c ZC r'C> i:~J (iJ,O OJ ~Z , -.j;:.; <C.' p ~C) --'~ t_~:~ ~S );(~ c: \.0 :,:..:;;,;.rn Z ~ -~ :t~ -< (D :n -< .:~!!l!I"..,,, liji, .-~." 1 "i!~!~I!!l~J~~'~)>1~!J;;r:mW~!""''''';!,!-'''''''';;i~1'~1~l'If0w.;>~{ii~'~~Kl:rnlID .," _.~~i~" iI , FIDELITY BANK, FIK/ A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB Plaintiff, , , CUMBERLAND COUNTY No. 01-6938 CIVIL v. WAYNE J. FRANTZ TRINA C. FRANTZ Defendant(s). February 18, 2002 TO: WAYNEJ.FRANTZ 3091 E. HARRISBURG PIKE MIDDLETOWN, PA 17057 TRINA C. FRANTZ 609 SWARTZ STREET ENOLA, PA 17093 **THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at , 803 BRIAN DRIVE. ENOLA, P A 17025, 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 62,149.48 obtained by FIDELITY BANK. F/K/A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 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 altorney.) ';<~~ _, ,H~"'.", _, ~~ , ,l~:_~-' '~,~"" r- _ YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner 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 '>'f!~~~ ",-~~ ""_,"",,,__,_,_ '._ '_',0, 1- '-, '- 'I' ," 'l"~_ .. ~ .-\LL TH.\J CERT.-\IN unlt Ln the prop"ny knoi,im. TIailled and identified in the Declaration Plan, Y refe.rred co below o.s Westwood Village Condominium loc:lted in East Pennsboro Township, Cumberland Coumy, Commonwealth of Pennsylvania. which has hererofore been submitted ro the provisions of the Unit Propeny Act of Pennsylvania, Act of July 3, 1963, P.L. 196, by the recording in the Office of th~ Recorder of Deeds of Cumb~riand County, Pennsylvania, of a Declaration Creating and Establishing Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975, in Misc. Book 213, at Page 283, and amended by a certain First Amendment to Declaration Creating and Establishing Westwood Village dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, at Page 729, and a certain Second Amendment ro Declaration Crearing and Establishing West\vood Village Condominium dated July 21. 1976, and recorded July 26, 1976 in Misc. Book 223. at Page 343, and a Code of Regulations of Westwood Village Condominium dated January 29. 1975, and recorded January 29, 1975, in Misc. Book 213, at Page 328, and amended by a certain First Amendment co Code of Regulations of Westwood Village Condominiwn dated May 28, 1976 and recorded on June 22. 1976. in ',,[isc. Book 222, at Page 737, and Declaration Plan or 'i\iesr-,"ocd Village ':-l)ndcrr::nli.ul: jJ.(;:C ];::muar:/ 29. 1975. and recorded on January 29. 19~5, in Plan Book 25. at Page 13. Clnd ~m"nd"d b~ ;l cerrClin First .-\mendmem co Declar:uion Plan ro 'y,iestwood Village Condominium dared Julv 21. 1976. and recorded on Julv 26, 1976, in Plan Book 28, at Page 7'2 bein!!: designated on " J ..... .......- said Dedar:uion Plan of Westwood Village Condominium as Unit ~o. 803. 1,2 TH3 in Block .#2, Building No. 1. k110wn :J.S 803 Brian Drive. Enola. Cumberland COUntY. Pennsylvania, as more fully described in such Dec!aration Plan 3lld Declaration Creating and Establishing Westwood Village r,.'!"1c'(~,~;-I"r-"' .~,.. r:'... '.""---."" '.'-.....>.,.....~ ,~,: ":':''-'~.': ~..:: ::".," ':"'r:" "!;"'I)"e ;"c'u";;';"';C" :,r:u-l -::m":'''',;-r,-le''1-~ :-~"..Q,"'''''' _,.". _....,.........., -1._ .._.'- -'._~.'''' .:.l.;.:'..~.._ .JC ,_'.'.._ __' ........ .,~ ............... . , w.J. Ll....~:: '"'" _J..'-.~~.... ._~:....u .......,J, 7C'GE.':~~:<' ,;\:~:..~ 'J.. i?L)~.:\~l\.i0n;j,':.: tL:.ili';:Jec. mreresl: in the Common Elements (as defined in such Declaration) ..It- one 3lld five hundred thirty-four thousandths Per Cem (1.53-1-%). Tax Parcel #001.-\ Tax Map #12-2992 TITLE. TO SAiD PREMISES [S VESTED [N~Wayne J. Frantz and Trina C. Frantz. his wife bv Deed trom Chester L. Helke! and Catherine .-\. Heikel, his wife dated 12/13/93 and recorded -' 12/14/93 in Ded Book R. Volume 36, Page 928. - -~ '~_".; ,_.".' _"_." ,'- d"'''''_ -., " ,- -"'~, -"', '>',;,;,-'''''"''T~~,-;N1 ~':r]]~f".?<:'C!t'i 0 c:. () C r,;. " =2'''' " -eJm Pl ~ mrn eo Z:::'. ZC: f'....) t (f) -<'-~_" en =~~; ~'" C - , :-~. :t:::!> ~C' -~-_.. ,~~~~ >2 L0 :z .:;:.:! -~ no ::0 -, -< "," " - ~ ~ n"ft'ilr__.. ~l!l'T,g~A ''''''',~~l1Ml~~~''f0'-:7-''(~",,'0-f'f''1~;-f.j'_",'llt,,~,jf,'''''!'!'--''t'':;''1f\,,;:r"ITlM"{i.~%!~'iP~1""~"E\"r5i~'!;ii<i'!)J:m;~;:: ~.o. AFFIDAVIT OF SERVICE I CUMBERLAND COUNTY p--r;V\ PLAINTIFF FIDELITY BANK, F/KJA FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB No. 01-6938 CIVIL ACCT. #0095848264 DEFENDANT(S) WAYNE J. FRANTZ TRINA C. FRANTZ Type of Action - Notice of Sheriff's Sale SERVE TRINA C. FRANTZ AT fob~ -66fJ'SW ARTZ STREET ENOLA, PA 17093 Sale Date: JUNE 5,2002 SERVED -- ('\- +h Served and made known to ~(I f\ry. ". H 8()-\- ~ , Defendant, on the f') at.k;3C, o'clockt.m., at {~ ?; i'A.C+3:. 'f).t. I 7 (\b\ d day of if\o,lch , 200~ , Commonwealth of Pennsylvania, in the malUler described below: ~,--Defendant personally served. __Adult family member with whom Defendant(s) reside(s). Relationship is __Adult in cbarge ofDefendant(s)'s residence who refused to give name or relationship. __Manager/Clerk of place ofIodging in which Defendant(s) reside(s). __Agent or person in charge of Defendant(s)'s office or usnal place of business. __ an officer of said Defendant(s)'s company. Other: '2c:::. ,-{' I" .. - Description: Ag~ Heigh~ Weight l.b3. Race~ Sex.J::... Other I, llJ_JlYlc.ret(e. Gu~~, a competent adult, being duly sworn according to law, depose and state that I personaIIy handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. By: PT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SE:RVlCE ATTEMPED. Notarial Seal Usa M. Greason, Notary Public Carlisle Boro. Cumberland County 'iY r:;,:mmission Exp as S pI. 9, 2002 NOT SERVED ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: / / Time: 2nd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attorllev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 :;.rr,"'I!,,",";'F'<'''''';><~I!!_ .", r 'c'. [~ !~ ~~-I ~ ~.'^~~ L ~. ~= '" -,.. -,,.o-,_C,~c '*' "-.",, ,-~,.. ,-~ -~. ~rr-r~" -..0- -''"''''''~'~r~;tiltEh.tJtr\i'1! () ~.;; ""-. -D(:~ rnf':, ~t~~- U) ~....... -> >:>-('-":. :~~ en .~ l'"".J' :r: ::-'-::=-. :;:,1:) f'.) (.:') ','j -" (-~) h'l ,-1,- -~ -,~"'. !1!1/ll' ';siJllll:!,,:J'\l'~, ,_,,~~< _'ID!i!l'l'!!llI~il!llm~liIlf:jll'!l~~i/f~'!'Fl~",,_"'\ct"'''~-''';4"~;i'''r-J:"'i<'4'"''''1h'!%&0F'f;<:':&f!'i?!",*i'm;;:~m'\C;*;,),s'i!'}: "",;r-~~*,'m1!iJij0!lj.__]m_~~~~~_;' ~'l-~ .' AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF FIDELITY BANK, F/K/A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB No. 01-6938 CIVIL ACCT. #0095848264 DEFI:NDANT(S) WAYNE J. FRANTZ TRINA C. FRANTZ Type of Action - Notice of Sheriff's Sale SERVE W A YNI: J. FRANTZ AT 3991 E. IIMllYSBURG PIKE lcO-\ ~ -\-?--.2::fr MIggUT9W~I, P ~ 1 '711<;., €l)() l d J DA.., Sale Date: JUNE 5, 2002 SERVED Served and made known to \ ~t(\Q l' .1=~Br\-\-~ , Defendant, on the \ D~ day of Uc,lf1\_, 200~ at -.l~, O'clock? .m, atl.d:f-\ ,<v-:" X-\--):;:;. <S\-' ?i\ n\a ' Commonwealth of Pennsylvania, in the manner described below: Sworn to and subscribed beft . me this ~ day ,200~ Noiarial Seal Lisa M. Greason, Notary Public Carlisle 8oro, Cumberland County ~ \Jil!llmission Exp~~%lPt. 9, 2002 CE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPED. NOT SERVED , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 sl Attempt: I I Time: 2nd Attempt: I I _Time: 3rd Attempt: / I Time: Sworn to and subscribed before me this ---L-- day of , 200 _' Notary: By: Attornev for Plaintiff Fran~: Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station 1617 ;Iohn F. Kennedy Boulevard, Suite 1400 Philad . (215) . , ;_ "~r , I r~ , ,-~<",p;,:""",~",~~~, , ~, "", ~- "-i~'"'''e'4J'''''M''''~-~ -- ~_~~"~,~r>'c~~ ~"''K,-.>..- '^1:'''itlr 't"r~" ~1 ""l) [l} f,:" ~) ~E, /~C': 2~ ",'" f"'.) (.)1 h 'J ~,,, ."'~"" ,,~~ ~.O ."'F __''C ~",..,.~_~" '0,' ,,~"'ti."- _j~,. r Jl~ '"'_'-:-'~'~-- .rff,l :nL~~:o_~,:,flU! ,,,~_,_ """ ,,' ,,"""">;~, _:,,,,,,,~~"Wn"'~"j""""\iP""''''i;'f''f:<~,.i.'?:~J;jf~~.'-~~~l~~~i~1~f,!t~~1J~""___:".,,..,n. ~_~f .--:~ co ..< \.~i' e 6L/ .1 FIDELITY BANK, F/KIA FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION WAYNE J. FRANTZ TRlNA C. FRANTZ NO. 01-6938 CIVIL Defendant(s). AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) FIDELITY BANK., F/K/A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB, Plaintiffin 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 ,803 BRIAN DRIVE, ENOLA. P A 17025 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WAYNE J, FRANTZ 3091 E. HARRISBURG PIKE MIDDLETOWN, P A 17057 TRINA C. FRANTZ 609 SWARTZ STREET ENOLA, P A 17093 2. Name and address ofDefendant(s) in the judgment: WAYNE J. FRANTZ 3091 E. HARRISBURG PIKE MIDDLETOWN, P A 17057 TRINA C. FRANTZ 609 SWARTZ STREET ENOLA, P A 17093 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. :h~:iR_~JI*~ ?,-',,-,~- - -"f I'" ~, ~ - ~ '~_~M ~~"f'-"-~ ~ 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) IRWIN UNION BANK AND TRUST CO. 500 Washington Street Columbus, IN 47201 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) WESTWOOD VILLAGE COMMON FACILITIES ASSOCIATION, INC. 650 WESTWOOD DRIVE ENOLA, PA 17025 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 803 BRIAN DRIVE ENOLA, P A 17025 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. April 17 , 2002 DATE ~JAA~l~ F FEDE , ESQUIRE Attorney for Plaintiff r',~i_~~_t=;";,,,"S~,.,._~~~ -.. - '. l"~ ,_^",. _'~~"'___~I~__~ ,= " ~r-~ ... " -JI!!!I!l!I ~~",,1. ," , ~." ~""'~''''~'. "",""",."'-'''',,",''''''''" <,~ , "" ,,,,,.,",.,,,,,,,,.= ~ ",gN-;;,," ","v'~"""li_f () C S -urn O)[T:1 ""- _'~I eh i;o -<L ~8 S =2 C I'-J "'" ---0 ;CJ CJ ....n ~D f:'? ,"-;', -- --";, ,-- :~~~ f? '--/ r .r.:~ ~::~ ~~ !is Bl/ ~~ ""lLQ1i~~~t"!;>,~~ti,U~J\J.i!~%'i'_!?\'-'li',j><Fi;;..o::"i:!i;T":""" ';;f;"/"lP't>:':rWWfi1ii-;liW!,~;!lj\!1!'lf;%'~"'*\'hl~!I;!if'lro;f!l~~llliJ'cr ,;' 7_'~1yr,~';, tL J' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: FIDELITY BANK F/KJA FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB ) CIVIL ACTION ) vs. WAYNE J. FRANTZ TRINA C. FRANTZ ) ) CIVIL DIVISION NO. 01-6938 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for FIDELITY BANK F/KJA FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB hereby verify that on 2/25/02 AND 4/17/02 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 2/25/02 by certified mail return receipt requested see Exhibit "S" attached hereto. DATE: Aoril18. 2002 F NK FEDER AN, ESQUI:RE Attorney for Plaintiff 'WWWR"'W~~ ," - .'1 , ~'T - "-~~ ;-';SHl-";-'~~"^'-'~,","1\~!1 _ _ '_~ _ [Ill! '" ,l!I!Il!IfIIJIl , 'T ,> .. -, -~ ,...".....~''''~.,l\- _.~~", .~~"'~-""f ..... ;Lo'" -. <. ~cr t""' 0 ;.. :<: g Eo ::;; :;;: W N ::: ~. ...,c.. " C:~ '" '" 00 -.J a-, v. ..,. W tv - "'''" " '" .., ;; ~~ " " &~ c..~ g; ~g, '" ~ >::> :J> ... "" ~ >::> ;:l. J '" on R' 00 iO , .... 00 Z '" '" c: .... 3 c- " ~ ~;l ,." :e ~ z '"" 0-" g.~ s: . :=" 0-';:1 m ~ z tn ~ ;':::i G V ~. ~ ~ 0 o...~~tn ~g. Z ~o f ~O~~ o ' 2 "g. g' ::c " 0 :<: 0 5;; 0 Pl' -" n >- 3n.' >- t;;:l 0 . . "z ga ~ .' ",,:>::a>- -< z ~ >-g~z '" ~ tI:l ~ . ~?ilav ~ . -o..cn""t:l 0 ~ "" ~ 0,< c _ ~ wtl:lO'....... ~ !a ~oE;m () c 00 "o-t'" 0 t;;:l ~ :;;: -"~ ~ " " m~ ;d . 1i '" .g~ > ... ~ o~ ~ c: ~ ",0... a ~ ';i " en S o' eg ;;: ..., '" " if n " ~ .. () P if p - 0 ::j v. .... . '" c '" <:> W @ ~ <:> en >- ~: OJ:> OJ:> "" OJ:> ::!l 0 ~ 0 ;;;: ..., (Jgg.~;! ,.., ~ - gp,<;'", '" ~ 19;i::g~ en _<:'00 ::n ~ ~ ~:::~2~ Z ::: ~ -'n ~ ~:::,9 e.;:! f' r:l ~::: ~O_ '= <: =- 0' ~e.i:::~~ e: 8 g>~~~'i '" =-:::~.,a- :e ~ :::;:; ll<: '" S",q' "0 g. Z::;' tn g.-g ~ :;'.2 en ii\'~ ~ ;:; '" ;;J o:J g,~g&[ .~ g c;;.a g c:) 0 5 !1 ~ ~ ;. g 0 M.~ n00 ::I:: ~~~~g: ~ t;;:l .... O'i~~ is ..., ,)Y, ~ ,:" \ N ~ 5.~5' .b3 :2 'J~:f~ ~ :z 1 >; ~ .. -, fJi -. ul.. , ~~~~ ~'l..\f;l1.! ;' ~:: ~.= 0 !~.g:g. t""' ~~g~ ~p }> :;~ ~~ - ;; $.2:.... ;;:;. ;~ ~ 1i ::0 ,- ~,~~ ~ <:> N ~j ~g, : en , I ~ ~.tl g.:: ~. 'C.Jj (fi 3::::.<5 ( ~ ~iil a ,-=~'2~~. . a ~ , ;::, :; Ii ~ ~ ~. ....'?-PE4-<i~ .~SJmSfI$~\ k " ...~ W2g~ , ~ .< :y ~--s;.'."'...~,' i - ~";;'" .., s; _.- tl::l '" -. ~ /.?~'lri'. 11 :: I 5 0 ;:::1 \,,) i g~~~ c.-. -' . -. ;;i i'li.... ::I H -._-~ ~.~.~~- pp... pe._"''E.n~.\ 1;\ ~~ g~ ......... f>7?-70S4 - __ n"t:l '< i:~-~ ~ :r S; "'~,;:r [ ~ Q' I J. "l ;~'"J>:'~.-'-""""'0"'l"~__, . '-----. 7160 3901 9644 7041 6763 TO: TRlNA C. FRANTZ 609 SWARTZ STREET ENOLA, PA 17093 SENDER: JPG I+t--F-D REFERENCE: FRANTZ -- 0095848264 \ . ~_.---- PS Form 3800 June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees , " ! US Postal Service Receipt for Certified Mail No Insurance Coverage ~rovlded 00 Not Use for International Mail 7160 3901 96~4 7041 6756 TO: WAYNE J. FRA~TZ _ 3091 E. HARRISBURG PIKE MIDDLETOWN, PA 17057 SENDER: JPG I rt'F D REFERENCE: FRANTZ -- 0095848264 PS Form 3800 June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Return Race! t Fee Restricted DeA~e.y Total Postage & Fees.. .....-.:" US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mall c,<:'_,~~. ,~ " "'~. ....,."",-F'~ -...~,""" ,lU= _~_.,~~~,,"~_"_~_,,'< \~_'-n qk~.\i_[I-~jffi,'w,l~~~w,;_H ""~, ,-,,,""-~ '" , -,-,.,,,.,,,,, .-.'" ,--, -""~" ._~ "'> -=,~- "W"'"~''''''_._~);,__'__" '-i"r"ft'(Jto~1 o c -ulli n"\f'("1 Z~:I.' Z\~ en ,:' -<,' r::.:c. ~:;. .-', ~'8; L- --, -< .. C) r0 ~- " :;;-0 C) --tt ::TI l---- '--~j !-" -~-,:,1 N I"-J ,i:t~ <,,~ en L! --1 ~." 5-:1 .-< --;:J ......... j'" ,1' ~ BII ,_"",~~!ijw"@w;;;;r,:;t,~I'ic1,J+"""",!\"0!:;~_,-~ :'-IiB~7N-''i,-,,-'!-{,''.w!>t'A;fI.~,m,<1iJ~~;f~:i!mii!'i.\~~~i~11'\~jj!f~!J,'~j' ! ~<~ ~, / STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler I, ________________________________________ _______________________________"._____ Recorder of lkeds in and lor said County and State do 'hereby certily that the Sheriff's Deed in which ________________ Fidelity Bank fka Fidelity Savings Assoc of Kansas FSB --------------------------- .-------------------- ________________________.___.___..___ is the grantee the same having been sold to said grantee on the ____~:~______________________._______".______.__ day of , _____________.Jy.!t~____________________. A. D., r 02_____, under and by virtue of a Wltit______________ Execution . 28th -..------------------------------- ----- --- --.____ ISSued on the ______ __ _____ _______ _________ __ _____._ Feb 2002 . day of -----------_______________ A. D., _____, out of the Court of Cornman Pleas of said County as of 2001 Civil -..----------------------------...----------------- --------- -----------______ _______ Tenn, : . 6938 . Fidelity Bank fka Fidelity Says Assoc of Kansas Number ______________, at the SUIt of ______________________________________________________________. Wayne J & Trina C Frantz -....----...------------------------ ---- against______ -_ __ -____ __________ ______ ____ __ ___ ___________ _ is FSB dilly recorded in Sherifrs Deed Book No. ____:~3_____, Page _____________ 1634 IN TESTIMONY WHEREOF" I have hereunto :It:--- set my trd and seal of said office this ~_____ day Ol---~;~---u---------/~DJ >L --lV-L;~.~.--:::-::_~.' " .... c...lt".dClltlllr.==- 1IW0fl0 -Ill"," "f'InlMllnllllfIlf 'J'Ri0'00""o/'"~q_,.......,.,~.,,,. ..""~ ., "' -,\- i' . ., -- . '~"r~~,r.' ~"~ . ., . Fidelity Bank, fi'k/a Fidelity Savings Association of Kansas, FSB VS Wayne J. Frantz and Trina C. Frantz In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6938 Civil Term Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on March 14,2002 at 6:53 o'clock pm, EST, she 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: Trina Frantz, by making known unto Trina Frantz personally, at 604 Swartz Street, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Wayne J. Frantz, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Real Estate Writ, Notice and Description according to law. DAUPHIN COUNTY RETURN: And Now, March 20, 2002 at 1:45 PM served the within Real Estate Writ, Notice & Description upon Wayne J. Frantz by personally handing to John R. Frantz, father of defendant, one true attested copy of the original Real Estate Writ Notice & Description and making known to him the contents thereof at 3091 East Harrisburg Pike, Middletown, P A. So answers: J .R. Lotwick, Sheriff of Dauphin County, Pennsylvania. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2002 at 1 :55 o'clock P.M., E.S.T., she posted a true copy onhe within Real Estate Writ, Notice, Poster and Description, in the above entitled action" upon the property of Wayne J. Frantz and Trina C. Frantz located at 803 Brian Drive, Enola, Pennsylvania, 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 naIJ1led defendants to wit: Wayne J. Frantz, by regular mail to his last known address of3091 E. Harrisburg Pike, Middletown, P A 17057. This letter was mailed under the date of April 11,2002 and neverreturned to the Sheriffs 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: Trina C. Frantz, by regular mail to her last known address of 604 Swartz Street, Enola, P A 17025. 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.M.. He sold the same for the sum of $1.00 to Attorney Frank Federman for Fidelity Bank, fi'k/a Fidelity Savings Association of Kansas, FSB. It being the highest bid and best price received for the same, Fidelity Bank, fi'k/a Fidelity Savings Association of Kansas, FSB of 100 East English, P. O. Box --,;f\:"'f;"'*W,"'~;!!l!~' iWl1j ~.~ T. ,~~ "-;-, 1-, "' TO - ~ ~ ~~r-~I.\i!: '!in ,_. , 1007, Wichata KS 67201, being the buyer in this execution, paid SheriffR. Thomas Kline the sum of $1126.40, it being costs. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Out of County Dauphin County Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $30.00 22.09 15.00 15.00 30.00 10.00 .50 1.00 20.70 1.21 15.00 30.00 9.00 29.25 451.40 366.55 25.20 25.00 29.50 $1126.40 paid by attorney 06/19/2002 ~~ This /,1 't:' day of q. /1.- R. Thomas Kline Sheriff I ' 2002, A.D. (2~ () .1l1.J!#hJ ~. / ck; \' 'J; /_ P 0 onotary B~ b VI'VU..D" I Real Estate Deputy Sworn and subscribed to before me -:"<~!"A' ,"""~;'-N")'~~~ ~. ~ .,)'--.~ ,;l)t p~ J.t> L1e.. 37a06 tu-> //21)19 r I ',' -"'-~~~" ,'~" ~ ,,~, --"1.1'1'1_~ I ... FIDELITY BANK, F/KJA FIDELITY SA VIJ.W;S ASSbCIATION OF KANSAS, FSB :' CUMBERLAND COUNTY ,Plaintiff, COURT OF C01VHION PLEAS v. CIVIL DIVISION WAYNE J. FRANTZ TRlNA C. FRANTZ NO. 01-6938 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) FIDELITY BANK. F/K1 A FIDELITY SAVINGS ASSOCIA nON OF KANSAS. FSB, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .803 BRIAN DRIVE. ENOLA. P A 17025 . 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please ind!icate) WAYNE J. FRANTZ 3091 E. HARRISBURG PIKE MIDDLETOWN, P A 17057 TRINA C. FRANTZ 609 SWARTZ STREET ENOLA, P A 17093 2. Name and address ofDefendant(s) in the judgment: WAYNE J. FRANTZ 3091 E. HARRISBURG PIKE MIDDLETOWN, P A 17057 TRINA C. FRANTZ 609 SWARTZ STREET ENOLA, P A 17093 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 C2nnot be reasonably ascertained, please indicate) None. '-~)1i'%"1'i7im'lf"'~~",,~ . ,-,,,, ,r--> ~.I ",_. , " -~ . .~~ .. .- 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Republic Bank, d/b/a Flagship Mortgage Services 500 Washington Street Columbus, IN 47201 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 803 BRIAN DRNE ENOLA, P A 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PAl 71 05 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 tmderstand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to tmsworn falsification to authorities. February 18, 2002 DATE F FEDE~,ESQU1RE Attorney for Plaintiff :"~f~~~ 'T_ 1'- - ,,,-. "." .~ .,.".~ FIDELITY BANK, FIK/A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB Plaintiff, , I CUMBERLAND COUNTY No. 01-6938 CIVIL v. WAYNE J. FRAt"lTZ TRINA C. FRANTZ Defendant(s). February 18, 2002 TO: WAYNEJ.FRANTZ 3091 E. HARRISBURG PIKE MIDDLETOWN, PA 17057 TRINA C. FRANTZ 609 SWARTZ STREET ENOLA, PA 17093 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at , 803 BRIAN DRIVE, ENOLA, P A 17025, 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, P A 17013, to enforce the court judgment of62,149.48 obtained by FIDELITY BANK.. F/K/A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB (the mortgagee) against you. In the event the sale is continued, an armouncement 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.) ~;'i'.'t'~jPm'1 ,,,,",,,,,,,,,, , , ,~ -,c.y ,)",.,c .n ";'~-'~ 1'-'" '" ". ~ ., - ~ ~" - - . 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 ifthe bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 ','i";~j'l?;ji~'''9;1''th._T'lW "l "~, ~'_<,'r._,~ ,_,~"!_,. ,,0 ',' -'~I " .-\LI" TH.\ T CERT.-\I:'-i unH lD tbe propcn;.7 known. nailled and identified in the Declaration Plan, ~ (e(erred. co he(ow 3.S Westwood Vitlage Condominium located in Eas! Pennsboro Township, Cumberland Courrey, Commonwealth of Pennsylvania, which has herewfore been submitted to the provisions of the Unit Property Act of PelUlsylvania, Act of July 3, 1963, P.L. 196, by the recordingcin the Office of the Recorder of Deeds of Cumberland Courrey, Pennsylvania, of a Declaration Creating and Establishing Westwood Village Condominium dated January 29, 1975, and recorded ~on January 29, 1975,ili Misc. Book 213, at Page 283, and amended by a certain First Amendment to Declaration Cre:lting and Establishing Westwood Village dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, at Page 729, and a certain Second Amendment to Declararion Crearing and Es!ablisning Westwood Village Condominium dated July 21. ~ 1976, and tecorded July 26, 1976 in :'vlise. Book 223. at Page 343, and a Code of Regulations of Westwood Village Condominium dated January 29, 1975, and recorded January 29, 1975, in Misc. Book 213, at Page 328. and amended by a certain First Amendment co Code of Regulations of W"stwood Village Condominium dated May 28, 1976 and recorded on June 22.1971). in )'lisc. Book 22:2, at Page 737, and Declaration Plan of\Ves,';.'ocd Viliage C.md,;rr,:rli'lITl j~t~c: Janu~r:' 29. 1975. and recorded on January 29. 19':'5, in Plan Book 26. at Page 15, and ;lmcnc:ed by ;l ~ert;lin Firsr .-\mendmem co Declar:ltion Plan co Wesrwood Village Condominium dated July 21. 1976. and recorded on July 26, 1976, in Plan Book 28, at hge 72 beillg designated on said Declaration Plan of Westwood Villa2e Condominium as Unit No. 803. 1,1 TH3 in Block #2. Building No. 1. known as 803 Brian Driv~, Enola, Cumberland Count'j, Pennsylvania, as more fully described in such Declaration Plan and Declaration Creating and Establishing West'Nood Village r.~r.l.C~;-"'T''' ,~..:: r~"'" ..,.-~p ~\-""","",~'~ ......: ..~::.~~;..,...: :~--~=>,. ~~)......!; ";'\]Ve inc:U';~r.cr :;:jr"d ,,"""" -:Jlll'r.,.::>TIri;: '~""e"~ _~. "'~'_"''''''''_'. ..l._ d..>- ~._..~ .:.cl.::-:--.____ ."' .......~_._ _::J .:l......~, lJJ........... ,J...O,..;.... 1...:....._.::: ~.l........ .;.;.J,..l....c... ~~....'"... :..u....A ,-'-...', "":'-CG2':-:-::':::?.. .,,\-'::':': ~ ?1\,;~c:rt.i.0mil:': u..::Ji';ictec. in~~rest in th~ COID...-rnon _ E~~ments (as defined in such Dedaralionl 0f oneand five hundred thirty-four thousandths Per Cent (1.534%). T:lX Parcel #001.-\ Tax Map #12-2992 .".."... ., TITLE TO SAID PREMISES IS VESTED [~ Wayne J. Frantz and Trina C. Fr:mrz. ~his wife by Deed trom Chester L. Helkel and Cathenne .-\. Heikel, his wife dated 11/13/93 and recorded 12/[4193 in Deed Book R. Volume 36, Page 928. -- WRIT OF EXECU1IOl'!! ",!Id/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfY the debt, interest and costs due FIDELITY BANK, FIKIA FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB PIaiutiff (s) From WAYNE J FRANTZ, 3091 E. HARRISBURG PIKE, MIDDLETOWN, PA 17057 AND TRINA C. FRANTZ, 609 SWARTZ STREET, ENOLA, P A 17093 (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL NO 01-6938 Civil CML ACTION - LAW DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notifY himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $62,149.48 L.L. $.50 Interest FROM 2/18/03 TO 6/5102 (PER DIEM - 10.22) $1,093.54 AND COSTS Atty's Connn % $1.00 Due Prothy Atty Paid $177.71 Other Costs Plaintiff Paid Date: FEBRUARY 28, 2002 CURTIS R. LONG Prothonotary, Civil Division '---By: ~o~ -'-~ 2. 71l0?/l/y~Jl '\ ( I~ REQUESTING PARTY: Name FRANK FEDERMAN, ESQIDRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PIDLADELPIDA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 "-AH'''''i"''''S'''"_"'''~_~~~,."._~,= IIIII!IR 1 T .~ .I~H ,- ~ - ~ ~ M_~_~,,",, v ~. ~'~~ " R" E' A' L' EST" .r'~ SA! F 1.\1 .' ,~"' A t!L~ \10. 30 On March 11, 2002 the sherifflevied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, P A, known and numbered as 803 Brian Drive, Enola and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 11, 2002 By: JcLtl JvvU..J::l., Real Estate Deputy , -, 1 "" ,[, J .., , \0.1 ~ \ ! tl i1.. '. ~-. :-c' ", --I i-l \, j _ ~ ; " -, " '.' > I; ,..J..' I' ".,-\ -;'" 1,1', U 71 0 M~U, '?~f. fl"! L-l J n --, ''"'I" ^IN\~<, " , _, L' i'~. :J . '0 -"';j'O :J.:JI,J':Hr; :;-;ii,~ :,;'~' .:I.n .;; ;;::W. 11 nm ilt~W'llf{~.UJ..lm[l~ L",.L.r.__~'i1_""__~'1i1~~j~,.fil!;~K;;-,1..:,-:,,,,,_'C,,i:q.:,-,'i'''~.''~f-F':'-''-' ..t._,.1'. " "n',,,,,",-',, ~.];) r:;;:;J c:;:nJ c;::=1 ~ rr\iU , '. 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 of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 10 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and..I!m Sunday Patriot. News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot.News and The Sunday Patriot.News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular dally 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 of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. 8;. ~.~.........................:....................... Sw 17th day Ma 002 A.D. Notarial Seal , Tony L. Rus.~II, Notary Public r Harrisburg, DauphIn County ( h My Commission Expires June 6, PUBLICATION COPY SALE #30 , , .. . NOTARY PUBLIC Member, PannsylVanla Association ot Notaries 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 $ 364.80 1.75 366.55 Publisher's Receipt for Advertising Cost . . The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general Circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... ,'d<,",' "'--,"'~~~"'0TI 'lI"l!;'. o P,' "~ "I .1' ,;- REAL ESTA~ WIitNo. . Civl-. 'Fidelity , . ,;f'delllY'sa , ~, OfKa:'rt~ dIi- ~ WayrnoJ.F, TmlC. ~"-'-""Atij';~kr DESCRIPTION KlL,T!lAT .CERTAIN =--1WPW.ll._mImc.d ilIld menti -:El<ln;.:::rermed 'to &e10l-l ~ ;;'-Con'dominill1ll located iownsh1p; CUmberland (" ~.]tP~kania, wjJ.icb -SUbmitted. to the prm'isio' Act tif Pennsylvania. Act to.L96, ~QY ~ tel;O{dil;l,g Recorder oL_.Oe.e.ds__Q( i]ennsyWilliia; -of a Deel =.f;lta1illS1i1i1.g We5tw<xx1 v .,flaleCl~,K1975,1JD(. M9,-_f9.75, in Misc. .Book 21 e. ~-enaed-'by a certain F~ aritUoILcreawlg imd'est. -~ 'illage-(futedMaY:;8,1976,a ~ [975'. in Misc. Sook 221 'cemnn Second A_rnendmer. Cl'e<ltihg..:.anLes_talili,Wing_;" Condonlinium...datedJuJy 2.1, o ~ 4~ ]976 in Misc. Book.. . ""Md a Code of Regulations ~ 'i\-~ 7eOiiiOIiirnmnr:oriledJIDifl -,' N,~, 0lJ-,d recorded Sanuary 29, 1975,inMisc, Book l13,m: P~e'" -328, lUid amended by a mtain First ~_endmenttQ..CQde f#'Reguiations ofWe;lwood ~il1ijIToodomtni~in_dated Maf 28. 1976 and re.c.o~onJulle 22,1976, fnMisc. Bock 222, at ~e 731, and_ DeCIMation - Plab of Westv.wd ifa~.~l:. .on,d.o~,iGi~.m. . ,dated, JanuB!Y 29, 1975, _n .recQrileu on January 29, 1975, In Plan Book . ,at_ ag~ 15, and" amenaed by a Certain r1l'St A.t1lengplenf 16 Declaration Plan to Westwood ~-_VlIrage-Condominium dated July 21, 1976, ana .mcon1ed on July :26, 1976, in Plan Book 28, at ~_Page..11._Q.eing_ designated. on said Declaration Plan of Westwood ViUage Condominiumas Unit _,_No. 803. J, 2 TH3in Block #2, Building No, 1, ~vn.~ 803_ Brian Drive, Enola,Cumberlaijd ~\};,.P-epns-y.lvania, }IS more fully described!rI ' 4Ui:1l -occfuriilion Pf"an 'and DecJarofiQ!l cre.i!1i'ig ;.4W"d establis,hing, Westwood Villag'e Condominium as the same appear::; of record as 'ref "fOftlf"'iibOve, including and amendments'" thetC.t~ .-'t'OGET.HBR wi*,,- a proportionate undivided' ~.inrerest in_tfuLCalhmon Element> (as defined in :s;!cb Dedication) 'Of one and five huOdred t!iirty. ',iOur-lholW11Jdtlls Per Cent (1.534%). .ThxP""lfI()(J]A. ~ff:f#17.2992. __- ~ ___ .o~AlD premiseii is vested in Wayne J. -,=7~and Trina C. Frantz, bis wife, by Deed 1mI1iChestcr.L<.He_~and Catherine A. Heikel~ hiS "'1fe, dated 12l13(93 and recorded 12/14193 in ~,BookR-,.volU~~}6"Page_~23. . '\ ~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgentha1, Esquire, Editor ofthe Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2,1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, 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 "lo"ce' nd character of publication are tme. - SWORN TO AND SUBSCRIBED before me this 10 day of MAY. 2002 N SEAl.. LOIS E. SNYDER, ,Notary PublIc CarIlsIe 80m, CumIletfand County My CommIsslori ExpiIes Mart:h 5, 2005 I,<.";;J,,~,~'''-''?''''.~_r_ ~" 'I ' , ,". ~~ ~~.;;, ;"i~r :.t!-- _~ . ".~,,- . ,"'-' It d j";:.L:':', p1:">o ,,""t~ ' _ ESTATE SALE NO. 30 Writ No. 2001-6938 Civil Fidelity Bank, f(k( a Fidelity Savings Association of Kansas, FSB vS. Wayne J. Frantz and Trina C. Frantz Atty.: Frank Federman ALL THAT CERTAIN unit in the property known. named and identi- fied in the Declaration Plan. referred to below as Westwood Village Con- donrlniwn located in East Pennsboro Township. Cumberland County. Commonwealth of Pennsylvania. which has heretofore been submit- ted to the provisions of the Unit Property Act of Pennsylvania. Act of July 3. 1963. P.L. 196. by the re- cording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania. of a Declaration Cre- ating and Establishing Westwood Village Condominium dated Janu- ary 29, 1975. and recorded on January 29, 1975. in Misc. Book 213. at Page 283. and amended by a certain First Amendment to Dec- laration Creating and Establishing Westwood Village dated May 28. 1976. and recorded on June 22, as more fully described in such Declaration Plan and Declaration Creating and Establishing Westwood Village Condominium as the same appears of record as set forth above including and amendments thereto: TOGETHER with a proportion- ate undivided interest in the Com- mon Elements (as defmed in such De.clarationJ of one $d five hundred thIrty-four thousandths Per Cent (1.534%). Tax Parcel #001A. Tax Map # 12-2992. TITLE TO SAID PREMISES IS VESTED IN Wayne J. Frantz and Trina C. Frantz. his wife by Deed from Chester L. Heikel and Calhe- nne A. Heike!, his wife dated 12/ 13/93 and recorded 12/14/93 in Deed Book R. Volume 36, Page 928. 1976. in Misc. Book 222. at Page 729. and a certain Second Amend- ment to Declaration Creating and Establishing Westwood Village Con- dominium dated July 21, 1976. and recorded July 26, 1976 in Misc. Book 223. at Page 343. and a Code of Regulations of Westwood Village Condominium dated January 29. 1975, and recorded January 29, 1975. in Misc. Book 213. at Page 328, and amended by a certain First Amendment to Code of Regulations of Westwood Village Condominium dated May 28, 1976 and recorded on June 22. 1976. in Misc. Book 222. at Page 737, and Declaration Plan of Westwood Village Condo- minium dated January 29. 1975. and recorded on January 29. 1975. in Plan Book 26, at Page 15. and amended by a certain First Amend- ment to Declaration Plan to Westwood Village Condominium dated July 21. 1976, and recorded on July 26. 1976. in Plan Book 28. at Page 72 being designated on said Declaration Plan of Westwood Vil- lage Condominium as Unit NO'. 803. 1.2 TH3 in Block #2. Building No. 1. known as 803 Brian Drtve"EnCila. C~berland Coun~. Pe~ylvania. II'~~~ ,1- ;;" ,-,~- ,,:, ~'r"'f,'I"-~~I'''l II "'''''!~~~ i i " ,ri:'~ :-;:1 :lJ I ,~,'; ; ! :' i i ''':il~ . I,"