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HomeMy WebLinkAbout01-6938 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103 - 1814 (225) 563-7000 FIDELITy BANK, F/K/A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB 100 EAST ENGLISH, PO BOX 1007 W/CHATA, KS 67201 Plaintiff WAYNE J. FRANTZ TRINA C. FRANTZ 803 BRIAN DRIVE ENOLA, PA 17025 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 6 -f q3 ' CUMBERLAND COUNTY Defendant(s) NOTICE **THIS F~ IS A DEBT COLLECTOR ATTEMPT~G TO COLLECT A DEBT AND ~y INFO~TION OBTA~ED ~L BE USED FOR T~T P~OSE. IF YOU ~ P~OUSLY ~CE~D A DISC~GE ~ B~UPTCY AND THIS DEBT WAS NOT ~AFFI~ED, THIS CO~SPONDENCE IS NOT AND SHOED NOT BE CONSTRUED TO BE ~ ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGA~ST PROPERTY. ** You have bc~ sued in Co~. ffyou ~sh to defend against thc claims set fo~h in the following pages, you must ~ke action wi~in ~cnW (20) ~ys a~cr ~is Complaint and Notice arc sc~cd, by ent~ng a ~cn appearance personally or by a~omcy and filing in ~ting with the cou~ yo~ defenses or objections to ~e claims set fo~h against you. You ~c warned that if you fail to do so thc case ~y proceed without you ~d a jud~t ~y bc ~tercd against you by thc cou~ ~out f~her notice for any money claimed in ~e Complaint or for any other claim or relief requested by the Plainfif~ You ~y lose money or prop~ or o~ hghts impo~nt to you. YOU SHOULD T~ ~IS P~ER TO YO~ LAiR AT ONCE. ~ YOU DO NOT HAVE A LAiR OR C~OT ~FO~ O~, GO TO OR TELEPHO~ ~E OFFICE SET FORTH BELOW TO F~ O~ ~E~ YOU C~ GET LEG~ HELP. C~E~ CO~ C~E~ CO~ B~ ASSOC~TION 2 L~ER~ AVE~ C~ISLE, PA 17013 (717) 249-3166 Loan #:0095848264 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. Plainfiffis FIDELITY BANK, F/K/A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB 100 EAST ENGLISH, PO BOX 1007 WICHATA, KS 67201 The name(s) and last known address(es) of the Defendant(s) are: WAYNE J. FRANTZ TRINA C. FRANTZ 803 BRIAN DRIVE ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 12/13/93 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to BANCPLUS MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage No. 1185, Page 400. By Assignment of Mortgage Recorded Book 1/27/95 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 490, Page 235. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 8/1/01 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance Interest 7/1/01 through 12/I/01 (Per Diem $11.08) Attorney's Fees Cumulative Late Charges 12/13/93 to 12/1/01 Cost of Suit and Title Search Subtotal Escrow Credit Deficit Subtotal TOTAL $57,762.34 1,706.32 1,250.00 87.72 55O O0 $61,356.38 93.30 $61,263.08 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. WHEREFORE, PLAINTIFF demands an ia rem Judgment against the Defendant(s) in the sum of $61,263.08, together with interest from 12/1/01 at the rate orS11.08 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ALL TItAT CERFAIN unit in tile property known, named and identtf£ed in tile rat:on Plan, referred to below as westwood Village Condominium located in E4st Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, wl~ich has here[clare been submitted to the provisions of the Unic Property Ac[ of Pennsylvania. Act of July 3, 1965. P.L. lga, by the recording 1ri :Jle Office o~ khe Recorder of Dee~s of CumberIand County, Pennsylvania, of a Declaration Crea- ting and Estobl~shJng Westwood village Condominium dated January 29, lg75, a~ld recorded on January 29, ~975, in Hisc. Book 213 at page 283, arid amended by a certain First Amendment to DecIaration CreeCing and EsCablishing NesCwood Village Condominium dated May 28. 1976, and recorded On JUne 22, 1976, ~n Misc. Book 222 at p~ge 72g, and a certain Second ~nendment to Declaration C~eattng and Estab- lishing Nestwood Village Condominium dated July ~1, lg76, and recorded on 26, ~g75, in Hlsc. Boo~ 223 at Page 343, and a Code of Regulations of Nestw~od Viilage Condominium da~ed January 29, 1975, and recorded on January 2g, 1975, in Mtso. Book 213 at Page 328, and amended by a certain First Amendment :o Code of Regulations of ~estwood Village Condominium deled May 28. 1976, and recorded on June 22, 1976, in Mtso. Book 222 at page 737, and Declara~£on Plan of t4esgwood ¥illage Condominium dated January 29. [975, an~ recorded on January 29, 1975, tn Plan Book 25 at page 15. and amended by a Certain F£rs: Amendmen[ to Deciaracion Ig?$, in Plan Book 28 aC Page 72 being des~gnate~ on sai~ OeClarat]on Plan of ~es~wo~d Village Condominium as Unit NO. 803, 1,2 TH3 Jn Block #2, Building known ~s 803 Brian Dr~ve, india, CumOer]and County, Pennsylvania, as more fully described in such Declaration Plan and Declaration £reacing and Establishing weStwood Village Condominium, as the Same appears of' record as set Forth above, including end amendments tJle~eto, TOGEHTER with a Propor'~onate undivided interes~ in t~e COmmon Elements (as defined in such Declaration) of One and Five Hundred TJlJrty-four Thousandths Per Cent B][I~I~IS~S O~: 803 SI~AN VERIFICATION FRANK FEDER_M,-LN, ESQUIRE hereby states that he is attorney for Plaintiff in ~his matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allo~ved for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. I024 ( c ). and that the statements made in the foregoing Civil Action in Mortgage Foreclosure is based upon information supplied by Plaintiffand is true and correct to the best of its knowledge. information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 1 $ Pa. C. S. Sec. 4904 relating to unswom falsification to authorities. Frank Federman, Esquire Attorney for Plaintiff DATE: ! c9. - (t - O t FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 ~ 1814 ./215) 563-7000 Attorney for Plaintiff FIDELITY BANK, F/K/A FIDELITY : COURT OF COMMON PLEAS SAVINGS ASSOCIATION OF KANSAS, FSB Plaintiff : CIVIL DIVISION VS. WAYNE J. FRANTZ : Cumberland County TRINA C. FRANTz Defendants : No. 01-6938 CIVIL PE IV A T R E F TO THE PROTHONOTARy: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: Janu__~7, CZC, SVC DEPT 2002 EDERMA~, ESQUi'~E~- Attorney for Plaintiff SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-06938 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIDELITY BANK ETC VS FP~ANTZ WAYNE J ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: FRANTZ WAYNE J but was unable to locate Him in his bailiwick. deputized the sheriff of DAUPHIN County, serve the within COMPLAINT - MORT FORE He therefore Pennsylvania, to On January 14th 2002 this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin County 29.25 Mileage 12.42 78.67 Ol/1 /2oo2 FEDERMAN & PHELAN R. ~Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ~ day ! A.D. Prothonotary~ SHERIFF'S RETURN CASE NO: 2001-06938 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIDELITY BANK ETC VS FRANTZ WAYNE J ET AL - REGULAR JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FRANTZ TRINA C the DEFENDANT , at 1812:00 HOURS, on the 20th day of December , at 604 SWARTZ STREET SUMMERDALE, PA 17093 TRINA FR3LNTZ by handing to a true and attested copy of COMPLAINT - MORT FORE together with 2001 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 11.04 Affidavit .00 Surcharge 10.00 .00 27.04 Sworn and Subscribed to before me this ~q day of ~ ~~ ~32_~ A.D. ~r6thonotary So Answers: R. Thomas Kline 01/14/2002 FEDERMAN & PHELAN By: /uty Sheriff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania Connty of Dauphin : FIDELITY BANK VS : FRANTZ WAYNE J Sheriff's Return No. 0028-T - - -2002 OTHER COUNTY NO. 01-6938 AND NOW:January 7, 2002 at 5:30PMserved the within NOTICE & COMPLAINT IN MORT FORECLOSURE FRANTZ WAYNE J to HARRIET FR/MNTZ, MOTHER OF DEFENDANT upon by personally handing 1 true attested copy(les) of the original NOTICE & COMPLAINT IN MORT FORECLOSURE and making known to him/her the contents thereof at 3091 E. HARRISBURG PIKE MIDDLETOWN, PA 17057-0000 Sworn and subscribed to before me this 9TH day of JANUARY, 2002 PROTHONOTARY So Answers, sne~hin county, Sheriff's Costs:S0.00 PI~ 00~00/"0~00 RCPT NO QUIGLEY In The Court of Common Pleas of Cumberland Count, Pennsylvania Fidelity Bank Wayne J. Frantz et al SERVE: Wayne J. Frantz No. 01 6938 civil NOW, Janu~zv' 3, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Vauph~ County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA 7Now~ within Affidavit of Service ~,20 ,at o'clock M. served the Hpon at by handing to a and made known to copy of the original So arlswer8, the contents thereof. Sworn and subscribed before me this __ day of ,2O Sheriffof COSTS SERVICE MILEAGE AFFIDAVIT County, PA 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 FIDELITY BANK, F/K/A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB 100 EAST ENGLISH, PO BOX 1007 WICHATA, KS 67201 Plaintiff, V. WAYNE J. FRANTZ TRINA C. FRANTZ CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6938 CIVIL Defendant(s). PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against WAYNE J. FRANTZ and TRINA C. FRANTZ, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 12/1/01 to 2/18/02 TOTAL $61,263.08 $886.4O $62,149.48 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 FEDI~RM/~N,'~SQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICAT . C.~ PRO PROT-~ ' ~ (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FIDELITY BANK, F/K/A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB 100 EAST ENGLISH, PO BOX 1007 Vo WAYNE J. FRANTZ TRINA C. FRANTZ Plaintiff, Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6938 CIVIL 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 Attomey for Plaimiff 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 CORRESPONDENCENDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** FEDERMAN AND PHELAN, L.L.P. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF FIDELITY BANK, F/K/A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND cOUNTY vs. : NO. 01-6938 CIVIL WAYNE J. FRANTZ TRINA C. FRANTZ Defendant (s) TO: WAYNE J. FP~ANTZ 3091 E. HARRISBURG PIKE MIDDLETOWN, PA 17057 DATE OF NOTICE: JANUARY 29,2002 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF FIDELITY BANK, F/K/A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB Plaintiff VS. WAYNE J. FRANTZ TRINA C. FRA/qTZ : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : N0.01-6938 CIVIL Defendant TO: TRINA C. FRANTZ 604 SWARTZ STREET ENOLA, PA 17093 DATE OF NOTICE: JANUARY 29,2002 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AiqD 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 Judg,~nt may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman,Esquire Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PmLADELPmA, PA 19103-1S14 (215) 563-7000 FIDELITY BANK, FfK/A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB 100 EAST ENGLISH, PO BOX 1007 Vo WAYNE J. FRANTZ TRINA C. FRANTZ Plaintiff, Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6938 CIVIL 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 nolin the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant WAYNE J. FRANTZ is over 18 years of age and resides at, 3091 E. HARRISBURG PIKE, MIDDLETOWN, PA 17057. (c) that defendant TRINA C. FRANTZ is over 18 years of age, and resides at, 609 SWARTZ STREET, ENOLA, PA 17093. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ES~ Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 FIDELITY BANK, F/K/A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB Plaintiff, V. WAYNE J. FRANTZ TRINA C. FRANTZ Defendant(s). No. 01-6938 CIVIL TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amotmt Due - Interest from 2/18/02 to 6/5/02 (per diem -10.22) TOTAL $62,149.48 $1,093.54 $63,243.02 and Costs 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. .iLL 'FH.-\T CERTAIN uait in the property known, named and identified in the Declaration Plan, referred rd below as Westwood Village Condominium located in East Permsboro Township, Cumberland County, Commonwealth of Pennsylvania, which has heretofore been submitted to the provisions of the Unit Property Act of Pennsylvania, Act of July 3, 1963, P.L. 196, by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration Creating and Establishing West~vood Village Condominium dated January 29, 1975, and recorded on January 29, 1975, in Misc. Book 213, at Page 283, and amended by a certain First Amendment to Declaration Creating and Establishing Westwood Village dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, at Page 729, and a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21, 1976. and recorded JuN 26, 1976 in Misc. Book 223, at Page 343, and a Code of Regulations of Westwood 'Village Condominium dated January 29, 1975, and recorded January, 29, 1975, in Misc. Book 213, at Page 328. and amended bv a certain First Amendment to Code of Reg'ulations of Westwood Village Condommium dated May 281 1976 and recorded on lune 22. 1976. in Misc. Book 222. at Page 737, and Declaration Plan of Vv'esrwoed Village C~md~;mini,xm dated Januar: 29. i975. and recorde~ on January 29. I975. in Plan Book 25. at Pa~e i5, and amended by a certain First Amendment to Declaration Plan rd Wesrwood Village Condominium dared July 21. 1976, and recorded on July 26, 1976, in Plan Book 28, at Page 72 berg desig~nated on said Declaration Plan or' Westwood Village Condominium as Unit No. 803. 1.2 TH3 in Block #2. Building No. i, known as 803 Brian Drive, Enota, Cumberland County. Pe,'msvlvania, as more fulN described in such Declaration Plan and Declaration Creating and E'stabtishi~g Westwood Villag~ C:.nC.c~ini,z~.. ~s t~e z:_-:-.e agpea:: -;i :~c~:.:'2 :s ac: for'2 abo,.-~, ~zcluding and ~en&ments TDG£T:4£X .a'iZ: ~ ~,rog~;Kioaace a.:d~,/idec interest m ~e Common Elements i'as defined in such Dec!ararion) of one and five hundred thirty-four thousandths Per Cent (1.534%). Tax Parcel #O01A Tax Map #12-2992 TITLE TO SAID PREMISES IS VESTED LN Wayne I. Frantz and Trina C. Frantz. his wife by Deed from Chester L. Heikel and Catherine A. Heikel, his wife dated 12/13/93 and recorded 12/'14/93 in Deed Book R. Volume 36, Page 928. FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHII,ADELPHIA, PA 19103-1814 (215) 563-7000 FIDELITY BANK, F/K/A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB Plaintiff, V. WAYNE J. FRANTZ TRINA C. FRANTZ Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6938 CIVIL CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attomey for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FIDELITY BANK, F/FdA FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB Plaintiff, V. WAYNE J. FRANTZ TRINA C. FRANTZ Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6938 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) FIDELITY BANI~ F/K/A FIDELITY SAVINGS ASSOCIATION OF KANSAS~ FSB, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ~803 BRIAN DRIVEl ENOLA~ PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WAYNE J. FRANTZ TRINA C. FRANTZ 3091 E. HARRISBURG PIKE MIDDLETOWN, PA 17057 609 SWARTZ STREET ENOLA, PA 17093 2. Name and address of Defendant(s) in the judgment: WAYNE J. FRANTZ 3091 E. HARRISBURG PIKE MIDDLETOWN, PA 17057 TRINA C. FRANTZ 609 SWARTZ STREET ENOLA, PA 17093 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Nanle 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) Republic Bank, d/b/a Flagship Mortgage 500 Washington Street Services Columbus, IN 47201 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name 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: Salne Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 803 BRIAN DRIVE ENOLA, PA 17025 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 infonnation 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. February 18, 2002 DATE FRA~ FEDERMAN, ESQUIRE Attorney for Plaintiff II FIDELITY BANK, F/K/A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB Plaintiff, V. WAYNE J. FRANTZ TRINA C. FRANTZ Defendant(s). TO: WAYNE J. FRANTZ 3091 E. HARRISBURG PIKE MIDDLETOWN, PA 17057 CUMBERLAND COUNTY No. 01-6938 CIVIL February 18, 2002 TRINA C. FRANTZ 609 SWARTZ STREET ENOLA, PA 17093 **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 IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at ~ 803 BRIAN DRIVE~ ENOLA~ PA 17025~ is scheduled to be sold at the Sheriff's Sale on JUNE 5~ 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 62~149.48 obtained by FIDELITY BANI~ F/KJA FIDELITY SAVINGS ASSOCIATION OF KANSAS~ FS_R (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 1F THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, yourproperty 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 ALL TH\T CERTAIN unit [n the property known, named and identified in the Declaration Plan. referred ro below as Westwo~¢d Village Condominium located in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, which has heretofore been submitted to the provisions of the Unit Property Act of Pennsylvania, Act of July 3, 1963, P.L. 196. by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, 'of a Declaration Creating and Establishing Wesv,vood Village Condominium dated January 29, 1975. and recorded on January 29, 1975, in Misc. Book 213, at Page 283, and amended by a certain First Amendment to Declaration Creating and Establishing Westwood Village dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, at Page 729, and a certain Second Amendment ro Declaration Creating and Establishing Westwood Village Condominium dated July 21, 1976, and recorded July 26, 1976 in Misc. Book 223, at Page 343, and a Code of Regulations of ~estwood Village Condominium dated January 29, 1975, and recorded Janua~ 29, 1975, in Misc. Book 213, at Page 328. and amended bv a certain First Amendment to Code of Re_re.clarions of Westwood Village Condominium dated May 281 1976 and recorded on June 22. 1976. in Misc. Book 222, at Pa_~e 737, and Declaration Plan of Wesrwocd Villa~e C~)nd,:rn!aium darzd tanuar': 29. i975. and recorde~ on January 29. 19"5. in Plan Book 25. at Pa~:- 15, and ',,nnended b? a certain First Amendment to Declaration Plan to Westwood Villa_~e Condominium dated July 2 l, 1976, and recorded on July 26, 1976, in Plan Book 28, at Pane 72 bei~a desi_o-nated on said Declaration Plan of Westwood Village Condominium as Unit No. 80J. 1,2 ~ in l~lock #2. Building No. 1. known as 803 Brian Drive, Enola. Cumberland Count'v. Pe,n_nsvlvania, as more fully described in such Declaration Plan and Declaration Creating and E~stablishiJg Westwood Villa_~ Concic~i:.,~u~ ~s the z:~e ~?~:a.:': .3:' re~:;::" zs ~e: for*h above, id. eluding a~d 3.mendments :here:97 ?gGEZHZ_.2 w':.~2~ a ~rO?;~iOdaC2 u::,ii,/:dec interest in the Common Elemenrs (as defined in such Declaration) or' one and five hundred thirty-four thousandths Per Cent (I.534%). Tax Parcel #001A Tax Map #12-2992 _TITLE TO SAiD PREMISES IS VESTED [N Wayne J. Frantz and Tr/na C. Franrz. his wife by Deed from Chester L. Heikel and Catherine A. Heikel, his wife dated 12/13,93 and recorded 12/14/93 in Deed Book R. Volume 36, Page 928. PLAINTIFF AFFIDAVIT OF SERVICE FIDELITY BANK, F/K/A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB DEFENDANT(S) WAYNE J. FRANTZ TRINA C. FRANTZ SERVE TRINA C. FRANTZ AT ~l;;)~)q -609'SWARTZ STREET ENOLA, PA 17093 CUMBERLAND COUNTY No. 01-6938 CIVIL ACCT. #0095848264 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 5, 2002 SERVED Se vedandm dek o-to" -'r'ifi ( 8OA' , Defendant, onthe ~ ,, ~;~, o'clock~.m.,at [~ ~+~ ~' , ~[ ~ of Pe~sylvania, in ~e ~er described below: ~ Defender personally se~ed. ~ Adult felly ~mber wi~ whom Defen~m(s) reside(s). Relations~p is ~ Adult in charge of DefeMam(s)'s residence who re~ed to give name or reladons~p. ~ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agem or person in charge of Defen&nt(s)'s o~ce or usual place of bus,ess. an officer of said Defendant(s)'s comply. Other: Description: Ag~ Heigh~i' Weight ~ Race~ Sex ~ Other day of ~'C~, 200~ · Commonwealth I, ~. (~'~ C~t~-t[~.~ ~U~J~r~ · a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the N~tice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed be f~am,,e .t~.'s,~.J_._ ~day of 2063. "-~PLEASE PtTTEMPT SERVICE Lisa M. ~lmasen, Notary Public Carlisln Boro, Cumberland ,~2v,~mmiaslon_:._ ....... Exp_ff~_,e~, §¢pt, 9, z002 AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPED. NOT SERVED ,200_, at __ o'clock __.ra., Defendant NOT FOUND because: __ Moved __ Unknown__ No Answer Vacant 1st Attempt: / / Time: : Attempt: / / Time: 3rd Attempt: / / Time: : Sworn to and subscribed before me this __ day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 AFFIDAVIT OF SERVICE PLAINTIFF FIDELITY BANK, F/K/A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB DEFENDANT(S) WAYNE J. FRANTZ TRINA C. FRANTZ SERVE WAYNE J. FRANTZ AT CUMBERLAND COUNTY No. 01-6938 CIVIL ACCTi #0095848264 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 5, 2002 SERVED Servedandmadeknow~tot_~_c~t~0~'-~_ .'-~'~C~"¥¥~---.._.Defendant, onthe /0¥~'~'~ dayof of Pennsylvania, in the manner described below: Defendant personally served. ,~-~Adult family member with whom Defendant(s) reside(s). Relationship is __ 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: the address indicated above. Swornto and subscribed // // ~ befqrne,me this IJ day ~/ff//~tl/~A ~// } ~ 7LE.&$Zy~..:wLiTT ~DY;CE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPED. I ~ S~ I NOT SERVED / Lisa M. O~n No~ P~ 1 l ~mia~ion Exp~t 912002 I ,200~, at o clock ~.m., Defendant NOT FOUND because: __ Moved __ Unknown .__ No Answer __ Vacant Attempt: / / Time: : 2"a Attempt: / / Time: : 3rd Attempt:. / / Time: : Sworn to and subscribed before me this ] ' day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 FIDELITY BANK, F/K/A FIDELITY SAyrINGS ASSOCIATION OF KANSAS, FSB Plaintiff, WAYNE J. FRANTz TRINA C. FRANTZ Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6938 CIVIL AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) FIDELITY BAN F/K/A FIDELITY SAVINGS ASSOCIATION OF KANSAS FSB, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at :803 BRIAN DRIVEl ENOLA~ PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WAYNE J. FRANTZ TRINA C. FRANTZ 3091 E. HARRISBURG PIKE MIDDLETOWN, PA 17057 609 SWARTZ STREET ENOLA, PA 17093 2. Name and address of Defendant(s) in the judgment: WAYNE J. FRANTZ 3091 E. HARRISBURG PIKE MIDDLETOWN, PA 17057 TRINA C. FRANTZ 609 SWARTZ STREET ENOLA, PA 17093 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name 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) /IRWIN UNION BANK AND TRUST CO. 500 Washington Street Columbus, IN 47201 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WESTWOOD VILLAGE COMMON 650 WESTWOOD DRIVE FACILITIES ASSOC/ATION, INC. ENOLA, PA 17025 7. Name and address °f every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 803 BRIAN DRIVE ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth °fPennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties off8 Pa. C.S. Sec. 4904 relating to tmswom falsification to authorities. DATE ~ Attorney for Plaintiff RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIDELITY BANK F/K/A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB ) ) CIVIL ACTION VS. WAYNE J. FRANTZ TRINA C. FRANTZ CIVIL DIVISION NO. 01-6938 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for FIDELITY BANK F/K/A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB hereby verify that on 2/25/02 AND 4/17/02 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. Notice of Sale was sent to the Defendant(s) on 2/25/02 by certified mail return receipt requested see Exhibit "B" attached hereto. DATE: April 18, 2002 FF~I~K FEDERMAN, ESQUIRE Attorney for Plaintiff i 7160 3901 984q 7041 6763 TO: TRINA C. FRANTZ 609 SWARTZ STREET ENOLA, PA 17093 SENDER: REFERENCE: FRANTZ - 0095848264 PS Form 3800, June 2000 RETURN Postage ,34 RECEIPT Certified Fee ~, lO SERVICE Retum Receipt Fee !.50 Restricted Del[ver~ 0.00 Total Po~tage & Fees ~ ~.t ~.20 -- Recempt for Certified Mail NO Ineurarce Coverage P~i~ DO NOt Use ~r Intemafl~ 7160 3901 9844 7041 6756 TO: WAYNE J. FRANTZ .. 3091 E. HARI~ISBLrRG PIKE MIDDLETOWN, PA 17057 SENDER: JPO/~'~ REFERENCE: FRANTZ - 0095848264 PS Form 3800~ June 2000 RETURN Postage RECEIPT ,Cerfifled Fee ? 34 SERWCt I Rotam R.o~F F. ~ I ~-~0 1.50 LRectdcted Dell~e~t 0.00 US Post.al Service ~~) Rece!~t for Certified Mail ~ No Insurance Coverage Provided Do Not Use for International Mail STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND ss. Robert p Ziegler .................................................................... Recorder of Deeds in and for said County and State do'hereby certify that the Sheriff's Deed in which ___ Fidelity Bank fka Fidelity S~vings Assoc of Kansas FSB ............. .................................................................................... is the grantce the sa,me having been sold to said grantee on the __ 5th · - ............................................ day of .............. J__u_n_e ...................... A. D., ? 02 ..... , under and by virtue of a writ .............. Execution ........... 28th ..................................... issued on the ..................................... day of Feb .......................... A. D., 2002 ..... ~ out of the Court of Comman Plca~ of said County Civi 1 ~ of lq'umher ...... 6..9_3.8____, ,t thc sult of Fidelity Bank fka Fidelity sa~Tse~s~soc of Kansas Wayne J & Trin~--~-~-n-~i ....... ................................... against .................................................... is duly recorded in Sheriff's Deed Boob No 252 1634 ............. , Page ............. FSB IN TESTIMONY WHEREOF, I have hereunto Fidelity Bank, f/k/a Fidelity Savings Association of Kansas, FSB VS Wayne J. Frantz and Trina C. Frantz In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6938 Civil Term Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on March 14, 2002 at 6:53 o'clock pm, EST, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Trina Frantz, by making known unto Trina Frantz personally, at 604 Swartz Street, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Wayne J. Frantz, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Real Estate Writ, Notice and Description according to law. DAUPHIN COUNTY RETURN: And Now, March 20, 2002 at 1:45 PM served the within Real Estate Writ, Notice & Description upon Wayne J. Frantz by personally handing to John R. Frantz, father of defendant, one true attested copy of the original Real Estate Writ Notice & Description and making known to him the contents thereof at 3091 East Harrisburg Pike, Middletown, PA. So answers: J.R. Lotwick, Sheriff of Dauphin County, Pennsylvania. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2002 at 1:55 o'clock P.M., E.S.T., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Wayne J. Frantz and Trina C. Frantz located at 803 Brian Drive, Enola, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Wayne J. Frantz, by regular mail to his last known address of 3091 E. Harrisburg Pike, Middletown, PA 17057. This letter was mailed under the date of April 11, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Trina C. Frantz, by regular mail to her last known address of 604 Swartz Street, Enola, PA 17025. This letter was mailed under the date of April 04, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on June 5, 2002 at 10:00 o'clock A.M.. He sold the same for the sum of $1.00 to Attorney Frank Federman for Fidelity Bank, f/k/a Fidelity Savings Association of Kansas, FSB. It being the highest bid and best price received for the same, Fidelity Bank, f/k/a Fidelity Savings Association of Kansas, FSB of 100 East English, P.O. Box 1007, Wichata KS 67201, being the buyer in this execution, paid Sheriff R. Thomas Kline the sum of $1126.40, it being costs. SherifFs Costs: Docketing $30.00 Poundage 22.09 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 20.70 Certified Mail 1.21 Levy 15.00 Surcharge 30.00 Out of County 9.00 Dauphin County 29.25 Law Journal 451.40 Patriot News 366.55 Share of Bills 25.20 Distribution of Proceeds Sheriff's Deed 25.00 29.50 $1126.40 paid by attorney 06/19/2002 Swom and subscribed to before me This 72 ~ day of (~ R. Thomas Kline, Sheriff 2002,^.D. Prothonotary B~bO~~ Real Estate Deputy FIDELITY BANK, F/K/A FIDELITY SAVINGS ASS~OCIATION OF KANSAS, FSB WAYNE J. FRANTZ TRINA C. FRANTZ Defendant(s). CUMBERLAND COUNTY COURT OF COMMON ?LEAS CIVIL DIVISION NO. 01-6938 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) FIDELITY BANI~ F/K/A FIDELITY SAVINGS ASSOCIATION OF KANSAS~ FSB, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ~803 BRIAN DRIVE~ ENOLA~ PA 17025. 1. Name and address of O~vner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WAYNE J. FR_&NTZ 3091 E. HARRISBURG PIKE MIDDLETOWN, PA 17057 TRINA C. FRANTZ 609 SWARTZ STREET ENOLA, PA 17093 2. Name and address of Defendant(s) in the judgment: WAYNE J. FRANTZ 3091 E. HARRISBURG PIKE MIDDLETOWN, PA 17057 TRINA C. FRANTZ 609 SWARTZ STREET ENOLA, PA 17093 3. Name and last known address o f every judgrnent creditor whose judgment is a record den on the real property to be sold: Name Last Known Address (if add~css c,'nnot 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) Republic Bank, d/b/a Flagship Mortgage Services 500 Washington Street Columbus, 1N 47201 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 803 BRIAN DRIVE ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. February 18, 2002 DATE FRANCK FEDERMAN, ESQUIRE Attorney for Plaintiff FIDELITY BANK, F/K/A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB Plaintiff; WAYNE J. FRANTZ TRINA C. FRANTZ Defendant(s). TO: WAYNE J. FRANTZ 3091 E. HARRISBURG PIKE MIDDLETOWN, PA 17057 CUMBERLAND COUNTY No. 01-6938 CIVIL February 18, 2002 TRINA C. FRANTZ 609 SWARTZ STREET ENOLA, PA 17093 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANY INFORMA T/ON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOCTL Y 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 EHFORCEMENT OF A LIEN AGAINST PROPER TY. ** Your house (real estate) at: 803 BRIAN DRIVE~ ENOLA~ PA 17025~ is scheduled to be sold at the Sheriffs Sale on JUNE 5~ 2002 at I0:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 62d49.48 obtained by FIDELITY BANI~ F/K/A FIDELITY SAVINGS ASSOCIATION OF KANSAS~ FSB (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this 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 judgrnent 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 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 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 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 ALL TH.ky CERTAIN uuk in thc propcrt-: kno¢,n, nabbed ~d iden~it'ied in the Declaraaon Plan, referred ro below as Westwood Village Condominium located in East Pe~sboro Tow~hip, Cumberland County. Co~onwealth of Pe~sylvania. which has heretot~re been submitted to ~e provisions of Unit Proper~ Act of Pe~sylvania, Act of July 3, 1963, P.L. 196. by the recordMg in the Office of the Recorder of Deeds of Cumberland County, Pe~sylv~ia, of a Decimation Creating ~d Establishing Wes~ood Village Condominium d~ted January 29, i97~, and recorded on Janu~y 29. 197~, in Misc. Book 213, at Page 283, and amended bv a ce~ain First Amendment to Declaration Creating and Establishing Westwood Villaae dated May ~8, 1976 and Misc. Book ~oo ~ ~ . - - - , recorded on June 22, 1976, in .... ar Page 7.9, and a certain Second Amendment ro Declaration Creating ~d Establishing Westwood Village Condominium dated July 2 I. 1976. ~d recorded July 26, 1976 N Misc. Book 223, ar Page 343, and ~ Code of Re~u!ations of Westwood V~iage Condominium dated J~u~' 29. 1975, ~d recorded January ~9, 1975.-in Misc. Book * ' . - , ~I~, at Page 328. ~d ~ended bv a ce~ain First Amendment ~o Code of Re~iarions of Westwood V[llaae Condom~m dated May 28~ ~976 ~d recorded on June*~ I976, in N~sc. Book ~ - --' --~. at Pa~e 737. and Declaration ' - - ..... ,J~Bu Village T,mdcr~:a.ua daro~: fanuar-~ 29. i975. and recorded on lanuary 2% 1975. in Plan Book 25. at Pa~e l~. and aa'cn~cd b,, a c~rraiu Ftrsr Amendmem to Dec!ararion p[~ ~o Wesrwood Village Condominiu~ dated July 21. 1976, and recorded on July 26, 1976, m Plan Book 28. ar Page 72 being desi~ared on said Declaration Plan of Wesrwood Village Condom~ium as Unit No Building No. 1. ~own as 803 Brian Drive, Enola, C~berland Count/. Pe~sylvama, a more ~IIV described in such Decla~ation Plan ~d Declaration Creatin~ ~d Establishin~ WesPx'ood Villaa~ - ~ ~: .... o .... ~-:~,:dec interest m ~e Co--on Eiemenrs ~as detBned m such Declaration> ,el one and five hundred airy-four ~ous~dths Per Cern Tax Parcel ~00IA Tax Map #1_-_99_ Tr~TLE FO SAiD PREMISES [S VESTE~DD [N Wayne J. Frantz and Trina C. Frantz. his wife bv Deed from Chester L. Heikel and Catherine A. Heikel, his wife dated i_, 1.~,9o and recorded 12/[4/93 in Deed Book R. Volume 36, Page 928. WRIT OF EXECUTION agd/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-6938 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIDELITY BANK, F/K/A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB Plaintiff (s) From WAYNE J FRANTZ, 3091 E. HARRISBURG PIKE, MIDDLETOWN, PA 17057 AND TRINA C. FRANTZ, 609 SWARTZ STREET, ENOLA, PA 17093 (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 $62,149.48 L.L. $.50 Interest FROM 2/18/03 TO 6/5/02 (PER DIEM - 10.22) $1,093.54 AND COSTS Due Prothy Atty's Comm % $1.00 Atty Paid $177.71 Plaintiff Paid Date: FEBRUARY 28, 2002 Other Costs CURTIS R. LONG Prothonotary, Civil Division REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE 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 ESTp~!~ S.~q[E Nc. so On March 11, 2002 the sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, known and numbered as 803 Brian Drive, Enola and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 11, 2002 By: Real Estate Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of April 2002 and the 7th day(s) of May 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY S A L E #30 REAL ESTATE ~LE NO. 30 W~t No. 2001-69~ CMl'rem ~qdellty Savlngl M~oe. ~ I~ak Fe~erman ALL THAT CERTAIN u~it in thc l~upcity k,m~ ~{,.d id~d in ~ ~lataion P~au, rEemul in bulmv as W~atwoed ~rflla8e Condominium locat~d in East Township~ Ounb~fland Couuty, Commonwealth of P~n.sylva~a, vYaich has hcrctofon~ submiUcd to thc pmvisinns of th~ Unii AC{ ojf pel~nl~ylV~nia Ac~ of July 3, !~3, EL, 1~6, by t~ t~ing in the Ot~ of the Recorder of l~s of Cumberland County, Pennsylvania, of a l~cbiration c~catiug establishing West~ V{{lag~ Cuudumi.ium dated Jauua~7 29, IF/5, ~ ~u:onkd on January 29 1915 in IVli~c. Book 213 at Pa~ 283 and ar~mkd by a cu~ain First Am~dm~r to l~clamtion ctca~ng aud catablishing W~tv~ V'dia~ dat~ May~8,1976, at~d .x~d~d o~ June 22, 1976, in Misc. Book 222, at Page 729.and a cutain Second ~cudmeut to l~cla~ion creating and ~tabYt~,hiag W~twod Village Cominmininm dated ~ty 2L 1976, a~i July 26, 1976 in Mi~. Book 223, at Page )43, and a Cod~ of Rcguin~ous of W~stv~d VHlage Coudomininm ~a~l J~ ~2~, 1~75; and ~c~oidcd January 29, 1~75, in Misc. BOOk 213, at FaS¢ 328, and amended by a c~ Amcnd~cnt to Cod~ ~ R~ulalions of Westwood Villas¢ Co~ominfum dated May 28, IF76 ,~d ~ ou juac 2~ 1~76, iu lViisc, Book 222, at P~e ?3?, and D3ulm~tiou plan of Wcatwxxl Villas¢ Co~domi~mm dat~ {~ua~ 29, and recorded on Jauua~y 29, 1975, ia Plan Bcok 26, at Pa~¢ 15, and au~nded by a c~ Am~t to l~chr~tion ~ to Swv,,, to a,,d ~ub~u[Ibed b~lu,~ ,,,~ ~ 17th day/a~ May~002 A.D. IMy Co~ission E~ires June 6, zw~ [ Kit ~ ' ' ' ~ NOTARY PUBLIC M~r, P~n~b~ta A~iat~n ot ~es My commission expires Ju~e 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 364.80 $ 1.75 $ 366.55 Publisher's Receipt for Advertising Cost o., publisher of The Patriot-News and The Sunday Patriot-News. newspapers of general Jge receipt of the aforesaid notice and publication costs and certifies that the same have PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SSo Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, APRIL 26, MAY 3, 10, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place ~nd character of publication are true. Editor SWORN TO AND SUBSCRIBED before me this 10 dayof MAY, 2002 Writ No. 2001-6938 Civil Fidelity Bank, f/k/a Fidelity Savings Association of Kansas, FSB VS. Wayne J. Fralatz and Trina C. Frantz Atty.: Frank Federman ALL THAT CERTAIN unit in the property known, named and identi- fied in the Declaration plan, referred to below as Westwood Village Con- domintam located in East pexLnsboro Township, Cumberland County. Commonwealth of Pennsylvania, which has heretofore been submit- ted to the provisions of the Unit property Act of Pennsylvania, Act of July 3, 1963, P.L. 196, by the re cording in the Office of the Recorder of Deeds of Cumberland County, petmsylvaina, of a Declaration Cre- ating and Establishing Westwood Village Condominium dated Janu- ary 29, 1975, and recorded on Jan,xary 29, 1975. in Misc. Book 213, at page 283, and amended by a certain First /kmendment to Dec- laration Creating and Establishing Westwood Village dated May 28. 1976. and recorded on June 22, 1976. in Misc. Book 222, at Page 729, a_nd a certain Second Amend- ment to Declaration Creating and Establishing Westwood Village Con- domtalttm dated July 21, 1976, and recorded July 26, 1976 in Misc. Book 223, at Page 343. and a Code of l%gulations of Westwood Village Condominium dated january 29, 1975, and recorded January 29, 1975, in Misc. Book 213. at Page 328, and amended by a certain First Amendment to Code of Regulations of Westwood Village Condominium dated May 28, 1976 and recorded on June 22. 1976, in Misc. Book 222. at Page 737, and Declaration Plan of Westwood Village Condo- minium dated January 29, 1975, and recorded on January 29, 1975, in Plan Book 26, at Page 15, and amended by a certain First Amend- ment to Declaration Plan to Westwood Village Condominium dated July 21, 1976, and recorded on July 26, 1976, in Plan Book 28, at Page 72 being designated on said Declaration plan of Westwood Vil- lage Condonfininm as Unit No. 803. 1.2 TH3 in Block #2, Building No. 1, known as 803 Brian Drive, Enola, Cumberland County. pennsylvania, as more fully described in such Declaration Plan and Declaration Creating and Establishing Westwood Village Condominium as the same appears of record as set forth above, including and amendments thereto. TOGETHER with a proportion ate undivided interest in the Com mon Elements [as defined in such Declaration) of one and five hundred thirty four thousandths Per Cent ( 1. 534%]. Tax parcel #00lA. Tax Map #12-2992. TITLE TO SAID pREMISES IS VESTED IN Wayne J. Frantz and Trina C. Frantz, his wife by Deed from Chester L. Heikel and Cathe rine A. Helkel, his wife dated 12/ 13/93 and recorded 12/14/93 in Deed Book R, Volume 36, Page 928.