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Home My WebLink About09-14730 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 195172 CHASE HOME FINANCE LLC 3415 VISION DRIVE COLUMBUS, OH 43219 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM 9 I 'v1 `I V. NO. d q - W73 ESTATE OF FAY L. SWANGER STEPHEN D. BAUGHMAN, EXECUTOR AND DEVISEE OF THE ESTATE OF FAY L. SWANGER 15 NORTH WALNUT STREET MECHANICSBURG, PA 17055 Defendant CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 195172 i NOTICE 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 File #: 195172 Plaintiff is CHASE HOME FINANCE LLC 3415 VISION DRIVE COLUMBUS, OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: ESTATE OF FAY L. SWANGER STEPHEN D. BAUGHMAN, EXECUTOR AND DEVISEE OF THE ESTATE OF FAY L. SWANGER 15 NORTH WALNUT STREET MECHANICSBURG, PA 17055 who is/are the real owner(s) of the property hereinafter described. 3. On 05/07/2004 FAY L. SWANGER, made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR WACHOVIA MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1871, Page 0421. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 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 09/01/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified File #: 195172 by written notice sent to Mortgagor, the entire principal balance and all interest due 6. thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $75,160.44 Interest $3,341.80 08/01/2008 through 03/05/2009 (Per Diem $15.40) Attorney's Fees $1,300.00 Cumulative Late Charges $0.00 05/07/2004 to 03/05/2009 Cost of Suit and Title Search 750.00 Subtotal $80,552.24 Escrow Credit ($89.16) Deficit $0.00 Subtotal 89.16 TOTAL $80,463.08 7. 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriff s Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability File #: 195172 11 discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. Mortgagor FAY L. SWANGER died on 10/08/07, leaving a Will dated 11/6/02. Letters Testamentary were granted to STEPHEN D. BAUGHMAN on 10/15/07 in CUMBERLAND County, No. 21-07-0928. Decedent's surviving heir at law and next-of- kin is STEPHEN D. BAUGHMAN. 11. Plaintiff does not hold the named Defendant, STEPHEN D. BAUGHMAN, personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendant in the aforesaid real estate only, and the Defendant has been named in accordance with the requirements of Pa R.C.P. 1144(a)(2) and 20 Pa.C.S.A. § 301(b). File #: 195172 WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $80,463.08, together with interest from 03/05/2009 at the rate of $15.40 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. PHELAN HALLINAN & SCHMIEG, LLP By: , nLP c 90/3f< Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Attorneys for Plaintiff File #: 195172 LEGAL DESCRIPTION All that certain house and lot of ground situate on the North side of Strawberry Alley, in the Third Ward of the Borough of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows, to wit: BOUNDED on the East by Lot now of the Pennsylvania Power & Light Company, formerly of Della I. Brewbaker Harbold; on the West by land formerly of David Rinard, now of Paul A. Bahn; and on the North by the Penn Central Railroad Company; Having a depth on the West along Paul A. Bahn of Seventy-five (75) feet, more or less; a distance along the Penn Central Railroad Company of Eighty-three (83) feet, more or less; a depth on the East along said Lot of the Pennsylvania Power & Light Company of Sixty-six and Seven tenths (66.7) feet, more or less; and a distance along Strawberry Alley of Eighty-five (85) feet, more or less, Having thereon erected a Two and One-half (2 1/2) story frame dwelling house and other outbuildings, presently known as 15 North Walnut Street. Under and Subject to restrictions and conditions as now appear of record. Parcel Number 18-23-0565-124 PROPERTY BEING: 15 NORTH WALNUT STREET File #: 195172 VERIFICATION I hereby state that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am 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 are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. ' C A orney for Plaintiff 9 D/.3 y DATE:-34-0-01. File #: 195172 ('1 0 C= C) ? m 4 i Z /V v\ Sheriffs Office of Cumberland County R Thomas Kline ?*" rv of cu?n6erf'4? Edward LSchorop Sher Ronny R Anderson Jody S Smith Chief Deputy OMCE OF T4E RI" Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/12/2009 09:15 AM - Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on March 12 2009 at 0915 hours, he served a true copy of the within Complaint and Complaint upon the within named defendant, to wit: Stephen D. Baughman, by making known unto Stephen Baughman personally, at 15 North Walnut Street, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 (PAID) March 13, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Deputy erif Docket No. 2009-1473 Chase Home Finance LLC. v Stephen D. Baughman r ? a C7 PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CHASE HOME FINANCE LLC Plaintiff VS. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. CIVIL-09-1473 STEPHEN D. BAUGHMAN CUMBERLAND COUNTY Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAIN'T' IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Date: 04-06-09 Phelan Hallinan & Schmieg, LLP Atto for Plainti By: Francis S. Hallinan, Esquire PHS #: 195172 VERIFICATION Whitney K. Cook hereby states that he/she is Assistant Secretary of CHASE HOME FINANCE LLC, servicing agent for Plaintiff, CHASE HOME FINANCE LLC, in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. / DATE: Name: Wh' OOk Title: Cant Secretary Company: CHASE. HOME FINANCE LLC Loan: 1978632792 File #: 195172 kECEIVED Mid 06 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CHASE HOME FINANCE LLC Plaintiff VS. STEPHEN D. BAUGHMAN Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. CIVIL-09-1473 : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: STEPHEN D. BAUGHMAN 15 NORTH WALNUT STREET MECHANICSBURG, PA 17055-3375 Date: 04-06-09 Phelan Hallinan & Schmieg, LLP Attorney for Plainti By: Francis S. Hallinan, Esquire ??ClJ"V l`3uts:. OF THE PR7 ONIIC7ARY 2009 APR -8 AM l#-' 7 PENNS42YANA Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE LLC VS. ESTATE OF FAY L. SWANGER, STEPHEN D. BAUGHMAN, EXECUTOR AND DEVISEE OF THE ESTATE OF FAY L. SWANGER 15 NORTH WALNUT STREET MECHANICSBURG, PA 17055-3375 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. CIVIL-09-1473 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against ESTATE OF FAY L. SWANGER, STEPHEN D. BAUGHMAN, EXECUTOR AND DEVISEE OF THE ESTATE OF FAY L. SWANGER, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $80,463.08 Interest - 03/06/2009 to 04/22/2009 739.20 TOTAL $81,202.28 I hereby certify that (1) the addresses of the De that notice has been given in accordance with Rule 23 Attorney for DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 401 PHS # 195172 PRO PROTHY Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE LLC VS. Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION ESTATE OF FAY L. SWANGER STEPHEN D. BAUGHMAN, No. CIVIL-09-1473 EXECUTOR AND DEVISEE OF THE ESTATE OF FAY L. SWANGER VERIFICATION OF NON-MILITARY SERVICE Daniel G. Schmieg, Esquire, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant ESTATE OF FAY L. SWANGER, STEPHEN D. BAUGHMAN, EXECUTOR AND DEVISEE OF THE ESTATE OF FAY L. SWANGER is over 18 years of age and resides at 15 NORTH WALNUT STREET, MECHANICSBURG, PA 17055-3375. This statement is made subject to the penalties of 18 Pa. C.S. relating to unswom falsification to authorities. Da)del G. Sc Attorney for PHELAN HALLINAN & SCHMIEG, LLP By: LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (21 S) 563-7000 CHASE HOME FINANCE LLC v Plaintiff ESTATE OF FAY L. SWANGER STEPHEN D. BAUGHMAN, EXECUTOR AND DEVISEE OF THE ESTATE OF FAY L. SWANGER Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. CIVIL-09-1473 CUMBERLAND C , Y TO: ESTATE OF FAY L. SWANGER, STEPHEN D. BAUGHMAN, EXECUTOR AND DEVISEE OF THE ESTATE OF FAY L. SWANGER 15 NORTH WALNUT STREET MECHANICSBURG, PA 17055-3375 DATE OF NOTICE: April 2, 2009 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. You are in default because you have failed to 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: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 JA County Bar Association 32 S th Bedford Street (rlisle, PA 17013 (717)166 Assistant PHS # 195172 OF r 2099 APR 28 P I : 02 ` t ! Y'A Pd #wm #? A (Rule of Civil Procedure No. 236) - Revised CHASE HOME FINANCE LLC VS. ESTATE OF FAY L. SWANGER STEPHEN D. BAUGHMAN, EXECUTOR AND DEVISEE OF THE ESTATE OF FAY L. SWANGER : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. CIVIL-09-1473 Notice is given that a Judgment in the above captioned matter has been entered against you on gla id By: sf If you have any questions concerning this matter Daniel --il g, quire Attorney or Party ng 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOTAND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OFA LIENAGAINST PROPERTY. ** W`. CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 CHASE HOME FINANCE LLC Plaintiff, V. ESTATE OF FAY L. SWANGER, STEPHEN D. BAUGHMAN, EXECUTOR AND DEVISEE OF THE ESTATE OF FAY L. SWANGER No. CIVI1,09-1473 Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 4/23/2009-9/2/2009 (per diem -$13.35) $81,202.28 $1,775.55 and Costs TOTAL $84,651.33 DANJEL G. SCHMIE SQUIRE 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. IMPORTANT NOTICE: This property is sold at'the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 195172 W Z Od ?d a a?zz OW a n U? W O 4U a O? V? H ?U LU im ?r- i.l.f LL L } a w U w x V cv a W w O w w W O w W A d O ? v w? ? o 4 0 ? A U a W W L7 d ?V? - ? a del a?Q ? _ _ ._ ?? w d cJ U O 000 0 Q 0 _ ? ° H C'5 d) ? W ?t e.. V .9 r M O r d a n M?M1 V n H a 3 0 o, a a? w d N r a? 1 :3 o %A 0 -- PO v PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF CHASE HOME FINANCE LLC Plaintiff, V. ESTATE OF FAY L. SWANGER, STEPHEN D. : BAUGHMAN, EXECUTOR AND DEVISEE OF : THE ESTATE OF FAY L. SWANGER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-1473 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DANIEL G. MIEG, ESQUIRE Attorney for Plaintiff FLED- 0,, T its OF ?#-;c FF{?T!.a(' r)TPPY 2009 MAY I L Frl a 0 9 1 ;?cr? CHASE HOME FINANCE LLC Plaintiff, V. ESTATE OF FAY L. SWANGER, STEPHEN D. BAUGHMAN, EXECUTOR AND DEVISEE OF THE ESTATE OF FAY L. SWANGER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-1473 AFFIDAVIT PURSUANT TO RULE 3129.1 CHASE HOME FINANCE LLC, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, 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 .15 NORTH WALNUT STREET, MECHANICSBURG, PA 17055-3375. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) ESTATE OF FAY L. SWANGER, 15 NORTH WALNUT STREET STEPHEN D. BAUGHMAN, EXECUTOR MECHANICSBURG, PA 17055-3375 AND DEVISEE OF THE ESTATE OF FAY L. SWANGER 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) AMERICHOICE FEDERAL 20 SPORTING GREEN DRIVE CREDIT UNION MECHANICSBURG, PLA 17050 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name 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 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 Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower 15 NORTH WALNUT STREET MECHANICSBURG, PA 17055-3375 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Department of Public Welfare P.O. Box 8486 TPL Casualty Unit Willow Oak Building Estate Recovery Program Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and co t knowledge or information and belief. I understand that false stateme s here. penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to uthoriti May 12, 2009 DATE DANIEL G. SCHMII Attorney for Plaintiff the best of my personal 1 are made subject to the FILE D-17FFICE 2009 MAY 14 F i 0 9 Urru_ CHASE. HOME FINANCE LLC Plaintiff, V. ESTATE OF FAY L. SWANGER, STEPHEN D. BAUGHMAN, EXECUTOR AND DEVISEE OF THE ESTATE OF FAY L. SWANGER Defendant(s). CUMBERLAND COUNTY No. CIVIL-09-1473 May 12, 2009 TO: ESTATE OF FAY L. SWANGER, STEPHEN D. BAUGHMAN, EXECUTOR AND DEVISEE OF THE ESTATE OF FAY L. SWANGER 15 NORTH WALNUT STREET MECHANICSBURG, PA 17055-3375 "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 BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA 7TEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 15 NORTH WALNUT STREET, MECHANICSBURG, PA 17055-3375, is scheduled to be sold at the Sheriff s Sale on 9/2/2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $81,202.28 obtained by CHASE HOME FINANCE LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. Y You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE LEGAL DESCRIPTION All that certain house and lot of ground situate on the North side of Strawberry Alley, in the Third Ward of the Borough of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows, to wit: BOUNDED on the East by Lot now of the Pennsylvania Power & Light Company, formerly of Della 1. Brewbaker Harbold; on the South by Strawberry Alley; on the West by land formerly of David Rinard, now of Paul A. Bahn; and on the North by the Penn Central Railroad Company; Having a depth on the West along Paul A. Balm of Seventy-five (75) feet, more or less; a distance along the Penn Central Railroad Company of Eighty-three (83) feet, more or less; a depth on the East along said Lot of the Pennsylvania Power & Light Company of Sixty-six and Seven tenths (66.7) feet, more or less; and a distance along Strawberry Alley of Eighty-five (85) feet, more or less, Having thereon erected a Two and One-half (2 1/2) story frame dwelling house and other outbuildings, presently known as 15 North Walnut Street. Under and Subject to restrictions and conditions as now appear of record. Property Parcel Number 18-23-0565-124 BEING THE SAME PREMISES VESTED IN Fay L. Swanger, an unremarried widow, by Deed from Fay L. Swanger, an unremarried widow, dated 08/19/2002, recorded 09/03/2002 in Book 253, Page 2051. PREMISES BEING: 15 NORTH WALNUT STREET, MECHANICSBURG, PA 17055-3375 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-1473 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE, LLC, Plaintiff (s) From ESTATE OF FAY L. SWANGER, STEPHEN D. BAUGHMAN, Executor and Devisee of THE ESTATE OF FAY L. SWANGER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $81,202.28 L.L. $.50 Interest from 4/23/09 - 9/02109 (per diem - $13.35) - $1,775.55 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $156.00 Other Costs Plaintiff Paid Date: 5/14/09 Curtis R. Lo , rothono ry (Seal) By: REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Deputy AFFIDAVIT OF SERVICE PLAINTIFF CHASE HOME FINANCE LLC CUMBERLAND COUNTY No. CIVIL-09-1473 DEFENDANT(S) ESTATE OF FAY L. SWANGER, STEPHEN D. BAUGHMAN, EXECUTOR AND DEVISEE OF THE ACCT. #195172 ESTATE OF FAY L. SWANGER Type of Action SERVE ESTATE OF FAY L. SWANGER, STEPHEN D. - Notice of Sheriffs Sale BAUGHMAN, EXECUTOR AND DEVISEE OF THE ESTATE OF FAY L. SWANGER AT: Sale Date: 9/2/2009 15 NORTH WALNUT STREET MECHANICSBURG, PA 17055-3375 SERVED E5? rF_ of F4-q L . SWhNGER, Stef.4i#44 D.. Fx7ug6„,?, Served and made known to >?xeeulrrd DewseAoF.h.e?P?s"" `e _-•,^D,efendant, on the day of, 2005, at -I- 25 , o'clock ?.m., at 15 N M-tnNVj . TP*4_T [ V( CCK*N%CS&" , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is M CT Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other. Description: Age 717 5 Height Weight aOO Race W Sex Other I, K WAS a competent adult, being duly sworn according to law, depose and state th t I personally handed a true and correct copy of the app forth herein, issued in the captioned ca?e on the date and at the address indicated above. KIMBERLY CURTY NOTARY PUBLIC Sworn to and subs ribed STATE OF NEW JERS1 before a this day My Commission Expir a of , 200 . No By: f PLEAS TT P SERVICE AT LEAST 3 TIMES. 7, 2013f INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOTSERVED On the day of , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Ist Attempt: Time: 2"d Attempt: Time:_ 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of 1200-. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Al PD-01-TICS OF TI-i-1: mn ?x"r,107M 2099 JUN {6 AH 9: 59 CCM. 1;`?(TY r NIA CHASE HOME FINANCE LLC IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. ESTATE OF FAY L. SWANGER, STEPHEN D. BAUGHMAN, EXECUTOR: AND DEVISEE OF THE ESTATE OF FAY L. SWANGER DEFENDANT NO. 09-1473 CIVIL ORDER OF COURT AND NOW, this 5t`' day of August, 2009, upon consideration of the Motion to Reassess Damages filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before August 25, 2009; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, Michele Bradford, Esquire Courtenay R. Dunn, Esquire Attorney for Plaintiff ~ Stephen D. Baughman 15 North Walnut Street Mechanicsburg, PA 17055-3375 bas 1.:.~ t'£.S' S/ `~q ~~ i~YLo~.I, l2~ ~~ M. L. Ebert, Jr., J. r'r `1~. .'~r'`~ .., Tai ~ Y 2~f~9 ~JG -~ tt~ ~~ ~:0 C' , i l ~ t,j;~~