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HomeMy WebLinkAbout01-6925FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 FLAGSTAR BANK, F.S.B. 5151 CORPORATE DRIVE TROY, MI 48098 Plaintiff WAYNE ABEL GREGORY WAYNE ABEL 406 MARBLE STREET MECHANICSBURG, PA. 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. OI- CUMBERLAND COUNT CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIO[ RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFI _I~E__DL~' CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO Ut 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 foll. pages, you must take action within twenty (20) days after this Complaint and Notice arc st by entering a written appearance personally or by attorney and filing in writing with the ct your defenses or objections to the claims set forth against you. You are warned that ifyot do so the case may proceed without you and a judgment may be entered against you by th, without further notice for any money claimed in the Complaint or for any other claim or n requested by thc Plaintiff. You may lose money or property or other rights important to y, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO N( HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OF] 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#:998027765 ?Y 'SLY HIS ILLECT )wing rved, fail to ~ court :lief )U. )T rICE 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. Plaintiff is FLAGSTAR BANK, F.S.B. 5151 CORPORATE DRIVE TROY, MI 48098 The name(s) and last known address(es) of the Defendant(s) are: WAYNE ABEL GREGORY WAYNE ABEL 406 MARBLE STREET MECHANICSBURG, PA. 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter descfibe~ On 12/17/99 mortgagor(s) made, executed and delivered a mortgage upon the prer hereinafter described to 1ST CENTRAL MORTGAGE, INC. which mortgage is r, in the Office of the Recorder of CUMBERLAND County, in Mortgage Book .No. Page 297. By Assignment of Mortgage recorded 1/3/00 the mortgag~ PLAINTI1;F which Assignment is recorded in Assignment of Mortgage Book No. Page 1021. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest up. mortgage due 7/1/01 and each month thereafter are due and unpaid, and by the ter said mortgage, upon failure of mortgagor to make such payments after a date spec written notice sent to Mortgagor, the entire principal balance and all interest due t are collectible forthwith. ises :corded [590, tto )n said aas of ified by lereon The following amounts are due on the mortgage: Principal Balance Interest 6/1/01 through 10/1/01 (Per Diem $19.93) Attorney's Fees Cumulative Late Charges 12/17/99 to 12/1/01 Cost of Suit and Title Search Subtotal $83,128.68 2,451.39 1,000.00 165.20 550.00 $87,295.27 Escrow 0.00 Credit Deficit 79.62 Subtotal $ 79.62 TOTAL $87,374.89 7. The attorney's fees set forth above are in conformity with the Mortgage document~ 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 will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amc exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified ~ required by 35 P.S. §1680.403c. 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assi Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credi Counseling Agency in accordance with Plaintiff s written Notice to Defe or (ii.) Defendant(s) application for assistance has been rejected by the Pennsyl~ Housing Finance Agency. WHEREFORE, PLAINTII~F demands an in rem Judgment against the Defendant(s) in th $87,374.89, together with interest from 10/1/01 at the rate of $19.93 per diem to the date Judgment, and other costs and charges collectible under the mortgage and for the foreclo~ sale of the mortgaged property. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff . and fees ~unt mil as ;tance dants; nia sum of of ure and day off ~_~¢~-~ in the year o~ our Lord one thousand nine hundred ninety-nine (1999) . BETWEEg CANIOA. SALESE, asingle adult individual, of Cumberland County, Pennsylvania .......... Grantor, /- and , WAYNE,ABEL,/ingle/ adult individual, and GREGORYWAYNE ABEL/asingle adult individual, 'of 406 'East Marble Street, Mechanicsburg, Cumberland County, Pennsylvania ........................ Grantee, wITNESSETH, that in consideration of ..... ($75,000.00)--- ....... L_Seventy-Five Thousand .................... Dollars [n hand paid, the receipt whereof is hereby acknowledged the said grantor does he, grant and convey to the said grantee, ALL that certain tract of land situate in the Bore of Mechaniesburg. County of Cumber[and and State of Pennsylvania, more pa~icul bounded and described as follows, to wit: BEGINNING at a point on the south side of East Marble Street (52.5 feet w at thc dividing line bet~veen Lots Nos. 14 and 15, Section "C", on the hereina mentioned plan of lots; thence along said dividing llne South 18 degrees 39 mia East 151.26 feet to a point; thence South 72 degrees 48 minutes West a distane 65.[}2 feet to Lot No. 13, Section "C"; thence along said Lot ~o. 13, Section ' North 18 degrees 39 minutes West 149.62 feet to the south side of East Ma Street; thence along the south side of East Marble Strret North 71 degree: minutes Ei~st 65 feet to Lot No. 15, the place of BEGINNING. BEING: Lot No. 14, Section "C", in tit" plan of Blackburn Village, as recorde the Cumberland County Reeorder's Office in Plan Book 5, Page HAVING thereon erected a single brick dwelling house known and numbere 406 East Marble Street. ,.by arly ide) fter ires e of :hie 21 as VERIFICATION JOHN P. MARECKI hereby states that he is FIRST VICE PRESIDENT of FLAGSTAR E mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, m the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to ti of his knowledge, information and belief. The undersigned understands that this statement is made to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsifi 'c~on t/~or~s. kNK that best tbject FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 FLAGSTAR BANK, F.S.B 5151 CORPORATE DRIVE TROY, MI 48098 Plaintiff, WAYNE ABEL GREGORY WAYNE ABEL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6925 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 ABEL and GREGORY WAYNE ABEL, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 10/01/01 to 1/22/02 TOTAL $83,128.68 $2,272.O2 $85,400.7O I hereby certify that (1) 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 FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. PRO PROTItY (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FLAGSTAR BANK, F.S.B 5151 CORPORATE DRIVE Plaintiff, WAYNE ABEL GREGORY WAYNE ABEL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6925 Notice is given that a Judgment in the above-captioned matter has been entered against you on DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEIVI~T1NG TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRLrPTCY 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.** ~EDERM3%N A_ND PHELJI_N Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTOP~NEY FOR PLAINTIFF FLAGSTAR BANK, F.S.B. Plaintiff VS. : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAiq-D COUNTY WAYNE ABEL GREGORY WAYNE ABEL : N0.01-6925 Defendant TO: GREGORY WAYNE ABEL 406 MARBLE STREET MECHANICSBURG, PA 17055 DATE OF NOTICE: JANUARY 3,2002 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing 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 CUh/IBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Fede~man, Esquire Attorney for Plaintiff FEDERMAi~ 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 FLAGSTAR BANK, F. S. B. Plaintiff VS. WAYNE ABEL GREGORY WAYNE ABEL ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 01-6925 Defendant (s) TO: WAYNE ABEL 49 ASHBUP.N DRIVE MECHANICSBURG, PA 17055 DATE OF NOTICE: ~ 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 TICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 F~ank Federman, Esquire Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 FLAGSTAR BANK, F.S.B 5151 CORPORATE DRIVE Plaintiff, WAYNE ABEL GREGORY WAYNE ABEL Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6925 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as mended. (b) that defendant WAYNE ABEL is over 18 years of age and resides at, 49 ASHBURN DRIVE, MECHANICSBURG, PA 17055. (c) that defendant GREGORY WAYNE ABEL is over 18 years of age, and resides at, 406 MARBLE STREET, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 FLAGSTAR BANK, F.S.B Plaintiff, WAYNE ABEL GREGORY WAYNE ABEL Defendant(s). No. 01-6925 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 1/22/02 to 06/05/02 (per diem -14.04) TOTAL $85,400.70 ~/ $1,881.36 and Costs $87,282.06 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 - 1814 Attorney for Plaintiff Note: Please attach description of property.No. DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a poim on the South side of East Marble Street (52.5 feet wide) at the dividing line between Lots Nos. 14 and 15, Section "C", on the hereinafter mentioned Plan of Lots: thence along said dividing line South 18 degrees 39 minutes East 151.26 feet to a point; thence South 72 degrees 48 minutes West a distance of 65.02 feet to Lot No. 13, Section "C"; thence along Lot No. 13, Section "C", North 18 degrees 39 minutes West 149.62 feet to the South side of East Marble Street; thence along the South side of East Marble Street North 71 degrees 21 minutes East 65 feet to Lot No. 15, the place of beginning. BEING Lot No. 14, Section "C", in the Plan of Blackburn Village, as recorded in the Cumberland County Recorder's Office in Plan Book 5, Page HAVING thereon erected a single bi'ick dwelling house known and numbered as 406 East marble Street. Tax Parcel//038 Tax Map ~r24-0789 ~ FLAGSTAR BANK, F.S.B Plaintiff, WAYNE ABEL GREGORY WAYNE ABEL Defendant(s). CUMBERLAND COUNTY : COURT OF COMMON PLEAS C1VIL DMSION NO. 01-6925 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) FLAGSTAR BANI~ F.S.B, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at~ 406 MARBLE STREET~ MECHANICSBURG~ PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WAYNE ABEL 49 ASHBURN DRIVE MECHANICSBURG, PA 17055 GREGORY WAYNE ABEL 406 MARBLE STREET MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: WAYNE ABEL 49 ASHBURN DRIVE MECHANICSBURG, PA 17055 GREGORY WAYNE ABEL 406 MARBLE STREET MECHANICSBURG, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Nalne Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Bank One, N.A. PO Box 710097 Columbus, OH 43271-0097 Beneficial Consumer Discount Co. d/b/a 4910 Carlisle Pk., Suite 104 Beneficial Mortgage Co. of PA Mechanicsburg, PA 17050 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Nalne Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 406 MARBLE STREET MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. January 22, 2002 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PmLADELPHIA, PA 19103-1814 (215) 563-7000 FLAGSTAR BANK, F.S.B Plaintiff, WAYNE ABEL GREGORY WAYNE ABEL Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6925 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FLAGSTAR BANK, F.S.B : Plaintiff, : WAYNE ABEL : GREGORY WAYNE ABEL : Defendant(s). : TO: WAYNE ABEL 49 ASHBURN DRIVE MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 01-6925 January22,2002 GREGORY WAYNE ABEL 406 MARBLE STREET MECHANICSBURG, PA 17055 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS 1S NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTE ** Your house (real estate) at ~ 406 MARBLE STREET, MECHANICSBURG~ PA 17055~ is scheduled to be sold at the Sheriff's Sale on JUNE 5~ 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 85~400.70 obtained by FLAGSTAR BANI~ F.S.B (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 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. 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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) yOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE. PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only 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 Sheriffwithin 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 Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION J' ALL THAT CERTAIN tract of land situate in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the South side of East Marble Street (52.5 feet wide) ar the dividing line between Lots Nos. 14 and 15, Section "C", on the hereinafter mentioned Plan of Lots; thence along said dividing line South 18 degrees 39 minutes East 151.26 feet to a point; thence South 72 de~rees 48 minutes West a distance of 65.02 feet to Lot No. 13, Section ' C' thence along Lot No. 13,~Section "C", North 18 degrees 39 minutes West 149.62 feet to the South side of East Marble Street: thence along the South side of East Marble Street North 71 degrees 21 minutes East 65 feet to Lot No. 15, the place of beginning. BEING Lot No. 14, Section "C", in the Plan of Blackburn Village, as recorded in the Cumberland County Recorder's Office in Plan Book 5, Page HAVING thereon erected a single bi'ick dwelling house known and numbered as 406 East marble Street. Tax Parcel #038 Tax Map #24-0789 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 FLAGSTAR BANK, F.S.B : Plaintiff, : V, _. WAYNE ABEL : GREGORY WAYNE ABEL : : Defendant(s). : No. 01-6925 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 3/12/02 to 6/5/02 (per diem - 14.90) TOTAL $90,623.48 $1,266.50 and Costs $91,889.98 ERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. DESCRIPTION j ALL THAT CERTAIN tract of land situate in the Borouah of Mechanicsburg, Count',' of Cumberland and State of Pennsylvania, more particularly bounded an~ described :is ,fellows. to '*'ir: BEGINNING at a point on the South side of East Marble Street (52.5 feet wide~ at the dividin_~ line between Lots Nos. 14 and 15, Section "C". on the hereinafter mentioned Plan of Lots: thence alon~ said dividing line South 18 degrees 39 minutes East 151.26 feet to a point: thence South 72 dearees 48 minutes West a distance of 65.02 feet to Lot No. 13, Section "C"; thence along Lot No. 13,"Section "C", North 18 degrees 39 minutes West 149.62 feet to the South side of East Marble Street: thence along the South side of East Marble Street North 71 degrees 21 minutes East 65 feet to Lot No.' 15, the place of beginning. BEING Lot No. 14, Section "C", in the Plan of Blackburn Village, as recorded in the Cumberland Coun.ty Recorder's Office in Plan Book 5, Page HAVING thereon erected a single brick dwelling house known and numbered as 406 East marble Street. Tax Parcel #038 Tax Map #24-0789 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 FLAGSTAR BANK, F.S.B 5151 CORPORATE DRIVE TROY, MI 48098 Plaintiff, V. WAYNE ABEL GREGORY WAYNE ABEL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 01-6925 : _. : : PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THEPROTHONOTARY: Kindl'y enter judgrnent in favor of the Plaintiff and against WAYNE ABEL and GREGORY WAYNE ABEL, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 10/01/01 to 3/12/02 TOTAL $87,374.89 $3,248.59 $90,623.48 I hereby certify that (1) 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 FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. PRO PROTHY FEDEPdVLAN AND PHELA~N, L.L.P. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban S~atlon, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 Plaintiff VS. WAYNE ABEL GREGORY WAYNE ABEL Defendant (s) TO: DATE ATTORNEY FOR PLAINTIFF :COURT OF COMMON PLEAS : CIVIL DiViSION : CUMBERLAND COUNTY : NO. 01-6925 WAYNE ABEL 49 ASHBURN DRIVE MECHANICSBURG, PA 17055 OF NOTICE: JANUARY 3,2002 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 F~ank Federman, Esquire Attorney for Plaintiff FEDERNAN AND PHEEJUN Frank Federman, Esquire Identification No. 12245 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF FLAGSTA2{ BANK, F.S.B. Plaintiff VS. : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY WAYNE ABEL GREGORY WAYNE ABEL : NO.01-6925 Defendant TO: GREGORY WAYNE ABEL 406 MARBLE STREET MECHANICSBURG,PA 17055 DATE OF NOTICE: JANUARY 3.2002 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing 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 Feder~aan, Esquire Attorney for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 FLAGSTAR BANK, F.S.B 5151 CORPORATE DRIVE Plaintiff, V, WAYNE ABEL GREGORY WAYNE ABEL Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6925 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant WAYNE ABEL is over 18 years of age and resides at, 49 ASHBURN DRIVE, MECHANICSBURG, PA 17055. (c) that defendant GREGORY WAYNE ABEL is over 18 years of age, and resides at, 406 MARBLE STREET, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FLAGSTAR BANK, F.S.B 5151 CORPORATE DRIVE Plaintiff, V, WAYNE ABEL GREGORY WAYNE ABEL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6925 Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 .k DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** FLAGSTAR BANK, F.S.B Plaintiff~ WAYNE ABEL GREGORY WAYNE ABEL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6925 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) FLAGSTAR BANK~ F.S.B, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ~406 MARBLE STREET~ MECHANICSBURG~ PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WAYNE ABEL 49 ASHBURN DRIVE MECHANICSBURG, PA 17055 GREGORY WAYNE ABEL 406 MARBLE STREET MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: WAYNE ABEL 49 ASHBURN DRIVE MECHANICSBURG, PA 17055 GREGORY WAYNE ABEL 406 MARBLE STREET MECHANICSBURG, PA 17055 3. Name and last known address of everyjudgrnent creditor whose judgment is a record lien on the real property to be sold: Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BANK ONE, N.A. PO BOX 710097 COLUMBUS, OH 43271-0097 BENEFICIAL CONSUMER DISCOUNT CO., D/BA BENEFICIAL MORTGAGE CO. OF PA 4910 CARISLE PK., SUITE 104 MECHANICSBURG, PA 17050 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 406 MARBLE STREET MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, 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 beliefi I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. March 12, 2002 DATE FR~qK FEDERI~4AN, ESQUIRE Attorney for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 FLAGSTAR BANK, F.S.B Plaintiff, V. WAYNE ABEL GREGORY WAYNE ABEL Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6925 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attomey for the Plaintiffin the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FLAGSTAR BANK, F.S.B Plaintiff, V. WAYNE ABEL GREGORY WAYNE ABEL Defendant(s). TO: WAYNE ABEL 49 ASHBURN DRIVE MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 01-6925 March 12, 2002 GREGORY WAYNE ABEL 406 MARBLE STREET MECHANICSBURG, PA 17055 **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 1S NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at ~ 406 MARBLE STREET~ MECHANICSBURG~ PA 17055~ is scheduled to be sold at the Sheriff's Sate on JUNE 5~ 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 90~623.48 obtained by FLAGSTAR BANK~ F.S.B (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 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. 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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only 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 Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borou_~h of Mechamcsbur~, County of Cumberland and State of Permsylvania. more pa~icularly bounded an~ described qs folloT, vs. BEGINNING at a point on the South side of East Marble Street (52.5 feet wide) ar tlne dividin,,2 line between Lots Nos. l-Z and 15, Section "C". on the hereinafter mentioned Plan of Lots: thence along said dividing line South 18 degrees 39 minutes East I51.26 feet to a point: thence 5outh 72 dezrees 48 minutes West a distance of 65.02 feet to Lot No. 13, Section "C"; thence alon~ Lot No. 13.-Section "C", North 18 degrees 39 minutes West 1~9.62 feet to the South side of East~Marble Street: thence along the South side of East Marble Street North 71 degrees 21 minutes East 65 feet to Lot No.' 15, the place of beginning. BEING Lot No. 14, Section "C", in the Plan of Blackburn Village, as recorded in the Cumberland County Recorder's Office i.n Plan Book 5, Page HAVING thereon erected a single brick dwelling house known and numbered as 406 East marble Street. Tax Parcel #038 Tax Map #24-0789 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FLAGSTAR BANK, F.S.B 5151 CORPORATE DRIVE TROY, MI 48098 VS. No.: 01-6925 WAYNE ABEL GREGORY WAYNE ABEL 49 ASHBURN DRIVE MECHANICSBURG, PA 17055 PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY Kindly mark the judgment that was entered in the above captioned matter on January 29, 2002 vacated upon payment of your costs only. Fr~fik F~ d ~fifi a~rE s qui-r e Attorney fo~P16intiff March 1, 2002 Flagstar Bank, F.S.B. VS Wayne Abel and Gregory Wayne Abel In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6925 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Surcharge 30.00 Posting Handbills Law Library .50 Prothonotary 1.00 Share of Bills Mileage 15.18 Levy 15.00 Advertising Certified Mail Poundage 1.83 Law Journal Patriot News $ 93.51 paid by attomey 3-13-02 Sworn and subscribed to before me This /¢~dayof ~ R. Thomas Kline, Sheriff Prothonotary Real Estate Deputy FLAGSTAR BANK, F.S.B Plaintiff, Vo WAYNE ABEL GREGORY WAYNE ABEL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6925 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) FLAGSTAR BANI4. F.S.B, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at~ 406 MARBLE STREET~ MECHANICSBURG~ PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WAYNE ABEL GREGORY WAYNE ABEL 49 ASHBURN DRIVE MECHANICSBURG, PA 17055 406 MARBLE STREET MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: WAYNE ABEL GREGORY WAYNE ABEL 49 ASHBURN DRIVE MECHANICSBURG, PA 17055 406 MARBLE STREET MECHANICSBURG, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Salne Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Sallie Bank One, N.A. Beneficial Consumer Discount Co. dgo/a Beneficial Mortgage Co. of PA Last Known Address (if address cannot be reasonably ascertained, please indicate) PO Box 710097 Columbus, OH 43271-0097 4910 Carlisle Pk., Suite 104 Mechanicsburg, PA 17050 5. Name and address of every other person who has any record lien on the property: Nalne 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. Nalne None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 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: Sanle Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 406 MARBLE STREET MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. January 22, 2002 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FI.AGSTAR BANK, F.S.B Plaintiff, V. WAYNE ABEL GREGORY WAYNE ABEL Defendant(s). TO: WAYNE ABEL 49 ASHBURN DRIVE MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 01-6925 January 22, 2002 GREGORY WAYNE ABEL 406 MARBLE STREET MECHANICSBURG, PA 17055 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY ** Your house (real estate) at ~ 406 MARBLE STREET~ MECHANICSBURG~ PA 17055~ is scheduled to be sold at the Sheriff's Sale on JUNE 5~ 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 85~400.70 obtained by FLAGSTAR BANK~ F.S.B (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with 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: 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. 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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STII,I, BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 · (800) 990-9108 DESCRIPTION j ALL THAT CERTAIN tract of land situate in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the South side of East Marble Street (52.5 feet wide) at the dividing line between Lots Nos. 14 and 15, Section "C", on the hereinafter mentioned Plan of Lots: thence along said dividing linc South 18 degrees 39 minutes East 151.26 feet to a point; thence South 72 de~rees 48 minutes West a distance of 65.02 feet to Lot No. 13, Section "C"; thence along Lot No. 13 ,~ Section "C", North 18 degrees 39 minutes West 149.62 feet to the South side of East Marble Street: thence along the South side of East Marble Street North 71 degrees 21 minutes East 65 feet to Lot No.' 15, the place of beginning. BEING Lot No. 14, Section "C", in the Plan of Blackburn Village, as recorded in the Cumberland County Recorder's Office in Plan Book 5, Page HAVING thereon erected a single b?ick dwelling house known and numbered as 406 East marble Street. Tax Parcel #038 Tax Map//24-0789 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVA~N~A) COUNTY OF CUMBERLAND) TO THE SHERIFF OF Cumberland COUNTY: NO 01-6925 Civil CIVIL ACTION - LAW To satisfy the debt, interest and costs due FLAGSTAR BANK, F.S.B., PLANTIFF(S) From WAYNE ABEL, 49 ASHBURN DRIVE, MECHANICSBURG, PA 17055 AND GREGORY WAYNE ABEL, 406 MARBLE STREET, MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant(s) and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the propen'y 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 other, vise 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 $85,400.70 L.L. $.50 Interest FROM 1/22/02 TO 6/05/02 (PER DIEM - 14.04) $1,881.36 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $126.40 Other Costs Plaintiff Paid Date: JANUARY 29, 2002 CURTIS R. LONG Prothonotary, Civil Division REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 REAL. ESTATE SALE On February 6, 2002, the sheriff levied upon the defendant's interest in the real property situated in Borough of Mechanicsburg, Cumberland County, PA, known and numbered as 406 Marble Street, Mechanicsburg, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 6, 2002 By: al E~tate Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: FLAGSTAR BANK, F.S.B. CIVIL ACTION VS. WAYNE ABEL GREGORY WAYNE ABEL CIVIL DIVISION NO. 01-6925 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for FLAGSTAR BANK, F.S.B. hereby verify that on 3113/02 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 3113/02 by certified mail return receipt requested see Exhibit "B" attached hereto. DATE: April 18, 2002 FRANK FEDERI~IAN, ESQUIRE Attorney for Plaintiff 7160 39B1 9844 7042 =~280 TO: GREGORY WAYNE ABI.~L 406 MARBLE STREET MECHANICSBURG, PA 17055 7160 =1901 9844 7042 3297 TO: WAYNE ABEL 49.ASHBIJ~,N DRIVE MECHANICSBURG, PA 17055 SENDER: TEAM 5/JM REFERENCE: ABEL, WAYNE I PS Form 38~I June 2000 US Postal Service Receipt for Certified Mail .34 2.10 1.50 3..~o 7.14 SENDER: TEAM 5/JM REFERENCE: ABEL, WAYNE US ~ Service Re.c..e.,pt for ;ert,f,ed Mail FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1%00 Philadelphia, PA 19102-1799 FLAGSTAR BANK, F.S.B. WAYNE ABEL ~RE~ORY WAYNE ABEL ATTORNEY FOR PLAINTIFF : CI~BERLAND COUNTY .- COURT OF COMMON PLEAS .. CIVIL DIVISION : NO. 01-6925 PP~tECIPE FOR RULE TO SHOW CAUSE TO THE PROTHONOTI~RY: Kindly enter a Rule upon WAYNE ABEL GREGORY & WAYNE ABEL, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDERMANAND PHELAN, LLP. by= Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1%00 Philadelphia, PA 19102-1799 FLAGSTAR BANK, F.S.B. ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION WAYNE ABEL GREGORY WAYNE ABEL : NO. 01-6925 RULE ASrD NOW, this day of , 2002, a Rule is entered upon WAYNE ABEL & GREGORY WAYNE ABEL, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. RULE RE~u~RNABLE the day of BY THE COURT: FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 FLAGSTAR BANK, F.S.B. WAYNE ABEL ~RE~ORY WAYNE ABEL ATTORNEY FOR PLAINTIFF : CUMBEPJ~%ND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION NO. 01-6925 OP/)ER AND NOW, this day of , 2002, Prothonotary is ORDERED to reassess the damages in this case as follows: the Principal Balance Interest Amount 6/1/01 through 6/5/02 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit TOTAL 83,128.68 7,353.52 165.20 1,300.00 1,297.00 -1,406.49 88.00 0.00 0.00 3,761.40 $95,687.31 Plus interest per diem from 6/5/02 through Date of Sale at six (6%) percent. NOTE: THE ABOVE FIGURE IS NOT A PAY OFF - SHERIFF'S SALE COSTS AND COMMISSION ARE NOT INCLUDED IN THE ABOVE FIGURES. BY THE COURT: FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 FLAGSTAR BANK, F. S. B. ATTORNEY FOR PLAINTIFF .. CUMBERLAND COUNTY : COURT OF COMMON PLEAS .' CIVIL DIVISION WAYNE ABEL ~RE~ORY WAYNE ABEL NO. 01-6925 pL&TNTIFF'S PETITION FOR REASSESSMENT OF DAMAGES Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, moves the Court to direct the Prothonotary to reassess the damages in this matter, and in support thereof avers the following: 1. Complaint in Mortgage Foreclosure was filed on DECEMBER 7, 2001. 2. Judgment was entered against Defendant(s) on MARCH 14, 2002 in the amount of $90,623.48. 3. The mortgaged premises are listed for Sheriff's Sale on JUNE 5, 2002. 4. Additional sums have been incurred or expended on Defendant(s)' behalf since the Complaint was filed and Defendant(s) have been given credit for any payments that have been made since the judgment, if any. The amount of damages should now read as follows: Principal Balance Interest Amount 6/1/01 through 6/5/02 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit TOTAL 83,128.68 7,353.52 165.20 1,300.00 1,297.00 -1,406.49 88.00 0.00 0.00 3,761.40 $95,687.31 5. Under the terms of the mortgage, Plaintiff is entitled to inclusion f the figures set forth in paragraph five in the amount of judgment against the Defendant (s) . WHEREFORE, Plaintiff respectfully requests this Honorable Court issue an Order to the Prothonotary to reassess t/~he da~a~es~s set forth above. Daniel G. Schmieg, Esquire Attorney for Plaintiff -2- FEDERI~J~NAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 FLAGSTAR BANK, F.S.B. vs. WAYNE ABEL GREGORY WAYNE ABEL ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 01-6925 B~T~ OF LAW IN SUPPORT OF PLAINTIFF' S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Plaintiff and Defendant(s) entered into a Promissory Note and Mortgage Agreement, wherein Defendant(s) agreed to pay Plaintiff principal, interest, late charges, real estate taxes, hazard insurance premiums and mortgage insurance premiums as said monies became due. In turn, Plaintiff's Note was secured by a mortgage on the subject premises. The Mortgage Agreement indicates that in the event Defendant(s) defaults, Plaintiff may pay any necessary obligations in order to protect its collateral, the subject premises. In the case sub judicia, Defendant(s) failed to abide by the Mortgage Agreement by failing to tender numerous, promised monthly mortgage payments. Accordingly, after Plaintiff determined that Defendant(s) were not going to cure the default and bring the loan current, Plaintiff commenced a Mortgage Foreclosure Action. Judgment was subsequently entered by the Court, and the subject property is scheduled for Sheriff's Sale. Because of the excessive period of time between the initiation of the Mortgage Foreclosure Action, the entry of Judgment and the Sheriff's Sale date, damages as previously assessed by the Court are outdated and must be increased to include current interest, real estate taxes, insurance premiums, and other expenses which Plaintiff has been obligated to pay under the Mortgage Agreement in order to protect its interest. II. AR~z~TT FOR REASSESSMENT OF DAMAGES The Pennsylvania Rules of Civil Procedure are silent with respect to the issue of Reassessment of Damages; however, Rule 1037 provides, "the Prothonotary shall assess damages for the amount which Plaintiff is entitled if it is a sum certain or which can be made certain by computation..." In the instant case, the amount to which Plaintiff is entitled is readily calculated by review of the Mortgage Agreement, which is of record, together with the Complaint which specifically lists the items chargeable. Clearly, if Rule 1037 gives the Prothonotary the right to assess damages for the amount to which Plaintiff is entitled as set forth in the Complaint, the Court has similar power to reassess damages at a later date. In addition, Rule 1037(a) provides that the Court, on motion of a party, may enter an appropriate judgment against a party upon default or admission. If the Court has the power to enter judgment, it certainly has the power to do a lesser act, to wit, reassess damages. It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments Sec. 191. See also, Stephenson v. Butts, 187 Pa.Super 55, 59, 142 A.2d 319, 321 (1958); Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa. Super i988). In Chase Home Mortgage, the Court stated that where a judgment has been assessed following defendant's failure to file a responsive pleading in a mortgage foreclosure action, a mortgagee "...could properly move the court to amend the judgment to add additional sums due by virtue if the mortgage's failure to comply with the terms of the mortgage agreement..." Id. at 24. Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. See Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (i97i). Plaintiff submits that if Plaintiff went to sale without reassessing damages, and if there was competitive bidding for the subject premises, Plaintiff would suffer irreparable harm in that it would not be able to recoup monies it paid to protect its interest. Conversely, a reassessment of damages will not be detrimental whatsoever to Defendant(s) as it imputes no personal liability. The Supreme Court of Pennsylvania found in the Landau v. Western Pa. Nat. Bank case that the debt owed on a mortgage changes and can be expected to change from day to day, because Western Pennsylvania must pay expenses for the property in order to protect its collateral. 445 Pa. 117, 282 A.2d 335 (1971). Because a mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. See Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Therefore, Plaintiff respectfully submits that if the enforcement of its rights are delayed by legal proceedings and enforcement of its judgment, and such delays require the mortgagee to expend additional sums pursuant to the Mortgage, then said expenses become part of the mortgagee's lien and should be included in said judgment. As the Court indicated in FNMA v. Jefferson, an unreported case a copy of which is attached hereto, since the charges enumerated in Plaintiff's Motion for Reassessment of Damages were incurred pursuant to the Mortgage Agreement, and the mortgage had not yet been paid, said charges should be included in Plaintiff's judgment amount. May Term, 1986, No. 2359 (CCP PHILA. 1986). III. CONCLUSION Plaintiff respectfully requests this Honorable Court grant its Petition to Reassess Damages. Plaintiff respectfully submits that it has acted in good faith in maintaining the property in accordance with the Mortgage, and in reliance on said instrument with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests this Honorable Court to reassess the damages as set forth in the Petition to Reassess Damages. FEDERMANAND PHELAN, LLP. DANIEL ~. SCHMIEG, ESQUIRE ATTORNEY FOR PLAINTIFF FEDERAL NATION~ MORTGAGE : ASSOCIATION : VS. JO$~ jEFFERSON' and. :' ROSIE JEFFERSON, hie wife : COURT OF COMMON PLI{A$ PHILADKLPIIIA CO.U WrY CIVIL TRIAL DIVISION NO. 2359 ORDER AND OPINION. WHIT,~, J. AND NOW, this "~ day of F~ ~ , 1~6, upon consideration of P1ainUiff, Feder~l National ~or=gaqe ~s~a=ion Petition for Reconsideration }iunc Pro Tunc =hi~ Court's Or,er of November 7, 1985 aha the Answer of Def~hdan=s, Joseph jefferson and Rosie Jefferson, i= here~y'OR~E~D and DE,fED as' fol lows ~ ~ 1) Said P~on is GRaTeD; ~ ~4~ ~r='s Order of Nove~er 7, ~9~S · · . , 3) J is hnr~l~'y ~norea~e~ ~o S6,~47..7L. ' Because ~l~in=iff was r~q~'i=ed to ac'c:~p= curr[:nt ~r=gage payments upo~ the f~ling of,Defenaan=s' ~e~i=ioh and In fact did so, it is necessary =o ~e amoun= of aamag~s that lni~ially were assessed ju~g~nt by defaul~ was' entered in =his at=ion. Because Defendants have not refuted the specific amounts claimed - 1 - by Plaintiff in the !ns~an= Motion for Reassessmunt, Chis Court fin~s that Defcn4ants have admi=te~ r_hose amounts,, pu.-~uant to .~a. R.C.P. ~029(c). ~Y THE COURT: ~HOM~ A. WHITE, J: VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Petition for Reassessment of Damages are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the 18 Pa. C.S. §4904 relating to unsworn falsification to penalties of authorities. DATE: May 21, 2002 Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDERMANAND PHELAN, LLP. by= Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 FLAGSTAR BANK, F.S.B. WAYNE ABEL ~RE~ORY WAYNE ABEL A'~-~'ORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION : NO. 01-6925 AFFIDAVIT OF SERVICE Daniel G. Schmieg, Esquire, hereby certifies that a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on May 21, 2002. WAYNE ABEL 49 ASHBURN DRI%~ M~CHANICSBUR~, PA 17055 GREGORY WAYNE ABEL 406 MARBLE STREET MECHANICSBUR~, PA 17055 DATE: May 21, 2002 Esquire Attorney for Plaintiff