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Home My WebLink About01-1906FEDERMAN 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 181 ~00 - 4 WASHINGTON MUTUAL BANK, F.A., S/I/I TO BANK UNITED 3200 SOUTHWEST FREEWAY HOUSTON, TX 77027 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION v. Plaintiff TERM ^. SW^R z 183 ZION ROAD NEW BURG, PA 17240 NO. CU gU ^NO county Defendant(s) CIVIL ACTION. L COMPLAINT IN M~ N___OTICE **THIS FIRM IS ,4 DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days a~er this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that iFyou Fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief' requested by the Plaintiff'. You may lose money or proper~y or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBE~AND COUNTY BAR ASSOCIAT/ON .:' 2 LIBERTY AVENUE ' ' C .ARL. ISLE, PA17013 (717) 249-3166 Loan #: 6299597 Plaintiff is WASHINGTON MUTUAL BANK, F.A S/I/I TO BANK UNITED " 3200 SOUTHWEST FREEWAY HOUSTON, TX 77027 The name(s) and last known address(es) of the Defendant(s) are: WESLEY A. SWARTZ SHIELA D. SWARTZ,~ 8./~/~. 183 ZION ROAD NEW BURG, PA 17240 . o Si who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 11/10/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMRESCO RESIDENTIAL MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1497, Page 204. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 8/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." , The following amounts are due on the mortgage: Principal Balance Interest 7/1/00 through 3/1/01 (Per Diem $40.63) Attorney's Fees Cumulative Late Charges 11/10/98 to 3/I/01 Cost of Suit and Title Search Subtotal Escrow $156,096.07 9,913.72 4,000.0O 423.33 550.00 $170,983.12 Credit Deficit Subtotal TOTAL 0.04 0.00 $170,983.08 o , o 10. 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. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. § 1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A'" ~ Or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in re · $170,983.08, together with interest fr __ ream Jud_gm.ent against the Defendant~i in the sum of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property, om 3/1/01 at the rate of $40.63 per diem to t date of /s/Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Postage Certified Fee Postmark Here Return Receipt Fee (Endorsement Required) (Endorsement Hequ~m~ Total postage & Fees $ . l:~~~~i~~~ .................................................. ~'.~..:~.~ .... ~~. .................................................. :. Postage $ Certifiecl Fee Receipt F~ 3200 Southwest Freeway, PT 1432 P.O. Box 2824 Houston, Texas 77027 DATE November 27, 2000 BANK ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE The HOMEOWNER,S MORTGAGE ASSIS ~s.ted at. the end of this Noti . . hearin cancall 71 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN Al)JUNTO ES OE SUMA IMPORTANCIA, ~~~~c~2~ co~~,.,,~ vIv~~o ,~.~, ~,, .... ~',~s,~~c~, st, iNMEDITAME~_w~ ,. T..A_~. _NOTIFICACION OBTENc,, .....COMPRENDE EL FIN "~ ~ ~-~-ANDO ESTA AG ~-,'~ u~A - TRADUCCION ANCE AGENC SI ENCIA (PE~s Y) N CAR~ YLVANI OS AL NV~RO ~ra ~ C~ONAOO ARmUA. SER ELEGmLE _PARA UN PRESTAMO POR EL PROGRAMA LLAMADO 'HOMEOwNER,S ~MERGENCY MORTGAGE ASSISTANCE PROGRAM~ EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. FDlC-lfu~rea~r~ Page I of $ ~O_S~__O_W~a,S n,~Siv.(S ) W=~ey A. Swartz r~OPERTY ADDRESS 183 Zion Road, New Burg, PA 17240 LOAN ACCOUNT 6299597 ORIGINAL LENDER Amresco CURRENT LENDER/SERVICER: Bank United HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM Y( WH'~( NCE E IF YOU COMPLY WITH T MERGENCY MO HE PROVISI RTGAGE ASSISTAN ONS OF FOR EMERGENCY MORT,-,.,-,~, _....,_CE_ ACT OF 1983 (THE 'ACT"~ -_T_~ HOMEO~R,S "'~',-~-, A~ISTANCE: ~, YOU MAY BE ELIGIBLE · IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, · IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. - Under the Act, you are entitled to a tern o s - your mortgage tot thirty (30) days from the date of this x~,,,:.... ~, .... · p ..rary. ray you must arrange and attend a ~face-to-face" meeting with one of the consumer credit counseling · ,,,,~,.~. ~.,unng mat time agencies listed at the end of this Notice. · THIS MEETING MUST OCCUR WITHIN THE N~:cr ~0 DAYS n; you DO NOT APPLy ~OR ~ Y-~ MUST ~m~a ¥ ~-~ ~ OUR ~ORTaAa~ ye ORTaAaE ASS~STANC CONS~UMER CREDIT COUNSELING AG - I_fy_ou meet with_one_of the consumer 7' ""°_~ _~?~u consumer credit counselin.:~..L-en,.:..~ ~..:_ .,_ .... aaresse..s ap_. cl tel hone numb are set forth at the en · . ,,~ ~or me coun in ' . ers . d of this Notice It is onl which the roe is located ~mrned~atel o ule one face -- ~ fyour intentions. -to-face meeting. APPLICATION FO:R M:ORTGAGE ASSISTANCE _ Yo reasons set forth later m this ' · ur mort a ' ' Notice (see followm . . g ge is in default for thc o. fyour default.) If you have tri~ --., ..... .g page.s for_specific informatio ~ r~t to ~ppl~ for ~.~i~ ~;~.~ ~Lu.~o!? ~o_7 v~ ~ pro. ,~,~ .~~_°~u_t th__~ n.~~ l"roornrn 'r'....~_ __ ---..~,~ot~lc¢ ITOITI tile I-'Iol~ ~ , __ ,-,, ,.~,~; tcllctcr, you/lave Ass~s~a~';- ~..u__~o__s_o,. you. must fill out, sign and file° .... er s Emergency Mortgage Assistance ~:...__, _. ~,,-,o.r~_,~_. _APPL~cation'..with one oft he . e a comPleted Homeowner's Emer eric program and they will assist ' · -' '__~L~.'~ vt~tt c. ounseling a encies ,, o.,.-~:..--.-g_ gone?s Finance A ....... .you m submitting a comolete o,,--~:--~,-'g- ..... l~a..v,. ,,~,~, .-~auons mr me t;~a~;y, xour application MUST be ':'--' ;r:- ?~,p,~,~;,,~.~on ? me.~,ennsylvania Housl face- to-face meetim, mca or postmar~:ea wi ., ~.:..,. ,.,^, ~ ~ 'ng o. tl~.. ,,,~y ~,~9 aays or your D YOU ~MUST FILE YOUR APPLICATION PROMPTLY ' O NOT FOLLOW THE OTHER TIME PERIOD~ IF YOU FAIL TO DO SO OR IF YOU SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. Page 2 of 5 AGENCY A ~CTION ' be~ -- Available _ Finane~-~o'~ff~ m._e Agency under fun. ds. (or. emergene mo - _ . _ _ _--o,-,,,~y nas s/x~, ,~,~^, - thc el~gibiliw cfiter/- y- -irtgage assistanc __ no toreclos v ~,,u) aa s to -~ ~a esraolis e are ye li ' abo ,, ,,-ure proceedin s ' Y~- make a decision .. bed by the Act ry~ m~tcd. The w' ye. ~ ou ' . g will be . after ~t rec ' · Thc Penns . 'Y fll be noticed airec,..P S."ed against you ii ..... e ves your app ica-' - ,?.anna oasi, application. ,y oy the Pennsvlvan;- ,,you nave met the t;-,-~- '--;""'. ~Unng that tim~' ~ '"'"~ riousin Fin~,,..- ^_l._,,~ requirements .... , g "'"-'; -~genc Of'o .~.-_._. set forth Y ~ts ,-,evasion or~ your DEF . . 183 Zio ~,,o.~ ,. DEFA~T .~t u to date. - ~c MORTGAGE debt held _ _ urg, PA 17240 by the aMve lender on yo~ propc~ located IS SE~OUSLY ~ D~FA~T because: A. YOU ~VE NOT ~E MOlLy MORTGAGE ' following amounts arc now past due: PA~E~S for the following months and the September ~ough November Late C~rgcs $3,978.09 Bad Check Fees 1,576.26 ~spection Fees 30.00 TOT~ 43.50 ~o~ Past A~ON D~: $5,627.85 YOU ~~ F~ED TO T~ THE FOLLOW~G ~s no~cc BY - You may c~c ~e default ~~ ~~ MORTGAGE PA T~ ~O ~ oc maac Cite o w~CH BE ~or~ .... c,~r or mOney orde- ---~' ' I~) DAY - !~aae a able and B~ United 3200 SW Freeway Su 1432 HO~ton, ~ 77027 You c~ c~c ~y oa~ dc · is leaer, m_ . fault by t,~._., _ .. s me ~ollo~g action ~~ ~~ (30) DAYS of ~e date of ~F YOU DO ~OT C FA mc '"'" = outed' ads to exerc' · · ~c default · · . ch~ce to a mg bal~ce o · ~e ~ ri h~ t ~~ ~ P Y ~e mo · f~s deb · o acceler ~ (30 DA made ~ riga e m t ~11 ~ ate the ) YS 'thin ~ g mon~ i consid~ due mo~ a e debt ~~ 3 Y ~llm ( ~is c ~enaer also i-,~-~- .Pa~~t of ~e t -- ~ ~a you may lose --,-..u~ to ms~ct its a.~--~I ~o~r past due i -,w~zzcys [O St~ I~_, .. S ~Ot Page $ of 5 to pay off _GE !$ FO I E ON-. _ ~ou, You ~II ~-- ~e ac~allv in--- ?s against yo,. - ~ a~omeys ~_. I1 be sold by ~ ~, $50 nn . ,,~ve to nay-,, ~ "~ed, un to ~-~ %' "' you ~11 ~,:,, - ~' ' our You c~e -~ % "'~ ~neHff rCa.~n..~, ~ -,~o~C~ ~ ...... -aoiC a~0~.., - ' · ~owcvcr :~, . ~u~cd to ~ ..... · ~ a a · ou cure t0 ~c a Y mc~cd ngs ~c s ble ~, ._ , wolCh ~av ~-- · . y exceed 1 ..~t oe re Uired n _ , n~,ca~ot . e ,~aso n ' Y Or~e~ · . P~sue t~s reined,, ee disch~ged in ~- ~a~dp~cipal " "°~ptcy Wi~out 'Yo~7 l you .. ' costs co ~t ~n c u to gs ~ve bc e not C~e r~ ~_ ou still ha~ d ~e default m the m~~d b~ .~nv o,~~~en ~,.~ ~ ~auer s ~~ ~n ~,cr COsts c ~uc ~Cason --'~ uo so -'~' tgage to t~ ~' ~ux-mg YOn- - . "~ aa~e oo.~.~_ ~' "default ~s Sale of -- ~--.oa as if You had ::;m ~he dateo~~-It is csti . f' Ofc°~se, the m~ce. A notice o:t be held Would be a mat? that the earli ~ny ~m ~-~., a"'~t need ~ ,_ he ae~l dar ~Pr°~mate e? date tha e ~~y what t _ ~ ~ e~e ~e de _ e of~e SheH~ _ 1~_ o he requ~ed pa~-. fault ~11 inereas~ ,~ ~ Sale ~~ months ~-'~- or action ~11 b~ ~-~ ~e.longer you ~ · '" ~o_you Oefore the ~ender: B . ~-~Umber: 88 ~u~,~ ~"~--~--L'Ontac,--~-.~5'~. _ 13'~43.3023 ' ~'" ~g~ ~' · _ ~ ~? ~ontmue . ._ ~L ~. end ~o-~ ZS~n to Izve ~~ON. 0~ -- ' gs ~d O~er ~,~_ . zn ~e prov(mF~n~rship of~e ~ ~-u.oy ~e lender at ~o .,Il x . mey's fees - - ~s~e ,~_ ~ may ~ ~_ ~--~, to or at ~e sale ~,~ .~ ~ uti ~e ou~)~.~:_ yo~ ~Ome to -"- ~t ~e O~er r~.~'amg Pa~eng ~u~ements of~- ' "~ges Assumption may be subject to credit apPrOval and or Other conditions c mO~gage Page 4 of'$ _H~ OCCr m t, ,-.... ORTGA,GE RESTORED TO ~ , YEAR.) '~uKE YOU/{ DEFAULT MO · ,-,wW~ N AS ~ ~ ~ No O · o asss~z ~ ~ ~ ~ !K ~ou no ~- o~ ~ o ~O~as~vcs o~ .... ~ ~ ca~~~° ~ER LA W8~T ~ : a DEFA ~T ~ ~OR1GA ~ -- _ ~oCEED ~ ~~s~ ~ o~s~ o~~ss ~ou ~s~v~ ~oa ~a~ ~avs ~o suc~ aC~o~ ~~'LE~ER. '~ DOC~E~S' ~G · o ss~ eao~c~o~ ~s~ ~ ~n~~ ~~~~c~ ~aw PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER,S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) Lycoming-Clinton Counties Commision for Community Action (STEP) 2138 Lincoln Street P.O. Box 1328 Wiiliamsport, PA 17703 (570) 326-0587 FAX (570) 322-2197 CCCS of Northcastern PA 201 Basin Street Wiiliamsport, PA 17703 (570) 323-6627 FAX (570) 323-6626 31 W. Market Street POB 1127 Wilkes-Ban-e, PA 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 Commission on Economics Opportunity of Luzem¢ County 163 Amber Lane Wilkes-Barre, PA 18702 (570) 326-0510 or (800) 822-0359 FAX (570) 829-1665--(Call Before Faxing) (570) 455-4994 Hazcltown FAX (570) 455-563 l----(Call Before Faxing) (570) 836-4090 Tunkhannock Booker T. Washington Center 1720 Holland Center Erie, PA 16503 (814) 453-5744 FAX (814) 5749 John F. Kennedy Center, Inc. 2021 East 20~ Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg N. 6'" Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Corem of the Capital Region 1514 Derry Street Harrisbtu-g, PA 17104 (717) 232-9757 FAX (717) 234-2227 CLINTON COUNTY COLUMBIA COUNTY CRAWFORD COUNTY CUMBERLAND COUNTY CCCS of Northeastern PA 1631 South Atherton St., Suite 100 State College, PA 16801 (814) 238-3668 FAX (814) 238-3669 1400 Abington-Executive Park Suite I Clarks Summit, PA 18411 (570) 587-9163 or (800) 922-9537 FAX (570) 587-9134-9135 Greater Erie Community Action Committee 18 West 9a Street Erie, PA 16501 (814) 459-4581 FAX (814) 456-0161 Shenango Valley Urban League, Inc. 601 Indiana Avenue Fan'eli, PA 16121 (412) 981-5310 Financial Counseling Services of Franklin 31 West 3'~ Street ' Waynesboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 "G" Street Carlisle, PA 17013 (717) 243-3818 FAX (717)n 731-9589 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX 334-8326 PENNSYLvANLat BULLETIN, VOL. 29, NO. 23, JUNE 5, 1999 ALL the following described real estate lying and being SitUate in Hopewel 1 Township, CumberlandCounty,Pennsylvania, bounded and limited as follows. · BEGINNING ~ay of Townshi_a~ a~ iron Pin ~._ to ~tz iron _5 outh 1~ de .... 37.94 feet ~- 2, South CONTAINiN~ . ~25. 64 feet ~- · NOrth ~. ~ ated ri--~ - urveYors ~_~ _d for Wi'- ~ Dlan or the Office of the Recorderof Deeds of CUmberland County, by his deed dated August 23, 1980 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, PennsYlvania, in Deed BOok "B',, Volume 29 at Page 911, Conveyed to s C°mstructiom, a Partnership, and having Robert Swartz and Walter Ritchey, as Partners, G~antors herein. P~SES: ~83 ZION TERESA SWITzER her, by states that she MORTGAGE CORp. OF ,, ·-- e is SEC,~,,~. .aUthorized to take ~.: . "X~E~CA ~ortga~e .... '-'~D VICE PRESIDE -~s Ver/l%at "°~v~C/ng a e NT ot-PN · Foreclosure are ,..- . n, and that the ~- - gnt for Plaintiff; .... C ,,ue and Correct t ~tatements made: - ", m~s matter, that ~,- · Understands that ttu's state o the best of her knowled~ . u~ the foregoing Civil .4c*:- · falstfication to auth ..... ,~ent ~s made subject to th-- - _ ge, mforrnation and belief. -,.~_ ,,on m MOrtgage · 'ur~t~es. '"~ Penalties of 18" ' ~ ue ~dersip, ne~ · ' ' · 4904 relating to unsworn · 'a. C S Sec - 2nd VICE P ESIDEi T sHERIFF'S RETUR~ _ NOT FOUND CASE NO' 2001-01906 P CoMMO~EALTH OF pENNSYLV~IA COUNTY OF cuMBERLAND VS ,sheri~ or Deputy sheriff, duly sworn according to law says, that he made a diligent , but inquiry ~or the within named de~endant ~~~ whO being searCh and ~ He therefore returns the unable to locate ~ in his bailiwick' was ---~NT - MoRT FoRE_q~~' , NOT FOUND , as to the within · ~ So anSW : Thomas sheriff's costS' 6.00 Docketing .00 service .00 A~idavit 10.00 surcharge .00 R. sheri~ o~ cumberland County FEDERMAN & pHELA~ o /O 7/2oo sworn and subscribed to before me SHERIFF'S RETURN - NOT FOUND CASE NO' 2001-01906 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS SWARTZ WESLEY A ET AL Thomas K1 ine ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT SWARTZ WESLEY A but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT , SWARTZ WESLEY A , NOT FOUND , as to AFTER 4 ATTEMPTS UNABLE TO MAKE SERVICE COMPLAINT Expired Sheriff's Costs- Docketing 18.00 Service 12.40 Affidavit .00 Surcharge 10.00 .00 'Thomas K1 ine Sheriff of Cumberland County 40.40 FEDERMAN & PHELAN 05/07/2001 Sworn and subscribed to before me this 2/~,,' day of ~ ~2~! A.D. Prc~c h~onot ary ' ' FEDEKMAN AND pHELAN, LLP By: FRANK FEDEKMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN cENTER AT sUBURBAN sTATION 161 ? JOHN F. KENNEDY BoULE¥ ARD sUITE 1400 pHiLADELPHIA, PA 19103-1514 WASHINGTON MUTUAL BANK, F.A., S/III TO BANK uNITED 3200 soUTHWEST FREEWAY HOUSTON, TX 7702'7 plaintiff V. ATTOP, NEY FOR PLAINTIFF coURT OF coMMON PLEAS CIVIL DIVISION TERM cuMBERLAND coUNTY Defendant(s) WESLEY A. SwARTZ SFIIELA D. SW ARTZ 1 $3 zION ROAD NEW BURG, PA 17240 CDIIL AcTION'L---h~AW cLOSURE **THIS FIRM IS A DEBT cOLLECTOR ATTEMPTING TO cOLLECT A DEBT AND ANY iNFORMATION OBTAINED WILL BE USED FOR THAT pURPOSE. IF yOU HAVE pREVIOUSLY RECEIVED A DiscHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS coRRESPONDENCE IS NOT AND sHoULD NOT BE coNSTRUED TO BE AN ATTEMPT TO cOLLECT A DEBT, BUT oNLY ENFORCEMENT OF A LIEN AGAINST pROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (203 days after this Complaint and Notice are served. by entering a written appearance personally or by attorney and filing in writing with the court x, our defenses or objections to the claims set forth against you. You are warned that if you fail to 'cio so the case may proceed without you and a judgment may be entered against you b.x.' the court without further notice for any money claimed in the Complaint or for an).' other claim or relief requested by the plaintiff. You may lose money or property or other rights important to ?'ou. yOU sHoULD TAKE THIS pAPER TO yOUR LAWYER AT oNCE. IF yOU DO NOT HAVE A LAWYER OR cANNOT AFFORD oNE, GO TO OK TELEPHONE TIdE OFFICE SET FORTH BELOW TO FIND oUT wHERE YOU CAN GET LEGAL HELP. cuMBERLAND coUNTY cuMBERLAND couNTY BAR AssOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (7173 249-3166 We hereby certify the within to be a true and correct copy of the original filed of record t:EDERMAN AND PHELAN Loan ~: 629959'/ . . . . o Plaintiff is WASHINGTON MUTUAL BANK, F.A., S/I/I TO BANK UNITED 3200 sOUTHWEST FREEWAY HOUSTON, TX 77027 The name{s) and last known address(es) of the Defendant(s) are' WESLEY A. SWARTZ SHIELA D. SWARTZ 183 zION ROAD NEW BURG, PA 17240 who is/are the mortgagor{,s) and real owner(s) or'the property hereinafter described. On 11/10/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMRESCO RESIDENTIAL MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of cUMBERLAND County. in Mortgage Book No. 1497, Page 204. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 8/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." . The following amounts are due on the mortgage: Principal Balance Interest 7/1/00 through 3/1/01 (Per Diem $40.63) Attorney's Fees Cumulative Late Charges 11/10/98 to 3/1/01 Cost of Suit and Title Search Subtotal $156,096.07 9,913.72 4,000.00 423.33 550.00 $170,983.12 Escrow Credit 0.04 Deficit 0.0 Subtotal ($ 0.04) TOTAL $170,983.08 , o , 10. The attorney's fees set forth above are in conformit)' with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with PlaintiWs written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $170,983.08, together with interest from 3/1/01 at the rate of $40.63 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. TRUE ,,., In Tcs'tlmo%' whcr.::of, I h.:::re unto set my hand and 'the seal of said Court at Carlisle, Pa. · of. ...... , /s/Frank Federman FRANK FEDERMAN. ESQUIRE Attorney tbr Plaintiff postrnaa'~ [13 Hera Ii] (Enckwsement Requin~l) .., I~ Total Postage & Fees $ I'tJ ' 3200 Southwest Freeway, PT 1432 P.O. Box 2824 Houston, Texas 77027 DATE November 27, 2000 BANK ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE attached pages~ The H_OMEOWNER'S MORTGAGE ASSISTANCE PRO~e able To see if HEMAP can helo. vou must MEET WITH A CONSUMER COUNSELING AGENCY Wrv~'~ "^ *' ......... CREDIT The name address and hone number of Consumer Credit Counselin A ' . our Court encaes servin ~an'm Housin Finance AIzenc~t I ~na -s.~.., .,,,,., ~.. ou m__a call the nearin eancall 71 780-1869. ' -.,,,,,-o-,~-~:,~. ersons with im aired This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE LELST,,A~.N~~I~~CiON OBTENGA UNA 'TRADUCCION INMEDITAMENTE FINANCE AGENCY) sIN"U~~"Xe ~'I~,,,=A~G~EN~q-LA__.Oa__ENNSYLVANIA HOUSING G,,,., ~ c~uivx~u MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMA.DO 'HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. FDIC lns~rear " Page l Of 5 HOMEOWNER'S NAME(S ) Wesley A. Swartz PROPERTY ADDRESS 183 Zion Road, New Burg, PA 17240 LOAN ACCOUNT 6299597 ORIGINAL LENDER Amresco CURRENT LENDER/SERVICER: Bank United HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THlg PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTAN~ ACT OF 1983 (THE 'ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: · IF YOLrR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, · IF YOU HAVE A REASON~LE PROSPECT OF BEh-NG ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND · IF YOU MEET OTItER ELIGIBILITY REQUIREMENTS ESTABLISItED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay ~f foreclosure on your mortgagee for thirty (3,~ days from the date of this Notice. During that t.'une you must arrange and attend a face-to-face meeting with one of the consumer credit counseling hsted at the end of this Notice THIS MEETING MUST OCCUR WITHIN THE agencies ' ' CY MORTGAGE ASSISTANCE O NOT APPLY FOR EMERGEN NEXT 30 DAYS. IF YOU D F THIS NOTICE T BRING YOUR MORTGAGE ,, CALLED HOW__ - YOUR MORTGAGE UP TO DATE. .... s[ca at me eno or uua llutluc~, ut~ ax, t.~., j credit counseling agencies n. . ,- -- · dr scs and tel hone numbers tm The names, ad es ep s after the date of this mee g you for ~ (30) day · - - -- - APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature ult If ou have tried and are unable to resolve this problem with the lender, you have of your defa .) y . · , Mort a e Assistance the right to apply for financtal assistance from the Homeowner s Emergency g g Program. To do so, you must fill out, sign and file a completed Homeowner's Emergen. cy Assistance Progr _a~_ App_li.cation .with one of the de. si_g~_.a.t_ed~,~~~,::e~i'.~~[e~~~~g~:~ listed at the .end of tt~.? No.t~.ce. O.nly__.oa~_n~..~un~._e~r~cr.~ed~.,~°~,~~ml~c~~"[7;l~;~Pen~lv~a Ho_using program and they Wttl assxst you. tn summttm~ ,~ ,,,,,,,v,,~- re a withi 'rtv (30~ da sot your e nthi Y Finance Agency. Your application MUST bc filed or postmark ........ . . - . face- to-face meeting. YOU MUST ~ YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NO"~'-~--OLLOW TItE OTIKER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. Page 2 of 5 be disbursed by the Agency under thc eligibility criteria established by the Act. are very limited. They will Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, The Pcrmsylv~ia Housing no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTC¥~ THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDE~D AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) !-IOW TO C~URE ¥O~ MORTGAGE DEFAU[~ ~N~~_OF TH~ DEFAULT _ The MORTGAGE debt held by the above lender on your property located 183 Zion Road, New Burg, PA 17240 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: September through November Late Charges $3,978.09 Bad Check Fees 1,576.26 Inspection Fees 30.00 TOTAL 43.50 AMOUNT PAST DUE. ACTION ~5:,627.85 YOU HAVE FAILED TO TAKE THE FOLLOWING H:OW TO C~URE ~THE DEFAULT Yo thi; n'ot~c~ ~'~~~~ DEFAULT _ u ma Y P,.,, ~ y cure the default within THIRTY (30) DAYS of the date of MORTGAGE ~ sHE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $,5627 85ANY PEP/OD. PAYMENTS AND LATE CHARGES WltlCI-I BECOME DUE OtrR~G ~ 'rttlRTY (30) DAY ~ ' . Bank United 3200 SW Freeway Su 1432 Houston, TX 77027 You can cure any other default by.taking the this letter: ~ following action within THIRTY (30) DAYS of the date of tstanding ~~~e ~ts-,_ ri_ hts. to aeeei;~-;;;'~ ,,....,___ (3.0.) DAYS the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not ---,- ,-,, De consiaered d,,- ;-.----,- ~"' t a e aeot. This -"- ,,,uncmately and you may lose made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to Page 3 of 5 ~ MORTGAGE I to pay~RECLOs, r,,.' before the ~.._~,orr. gage debt. It' th- ~---, ~o UPON .. The ,~ .... · ~-oer be~n~ ~..._, '- ,~nocr refer · ..... "',,~ tgagea pro~ = o-,,o ,~za( proceed/no ..... s .~,ur case to its atto,-2-- ,--rty w/Il be sold b_ attorney,s fees that Were actually incurred, up to $50.00. HOWever, i£1egal proceedings are started against eo ~gamst you ,,,-cys, but GU Y thc Shed££ ,you will still be requ/reY'd t;_ur; the delinquency you, you will have to pay all reasonable P Y the reasonable $50.00. Any attorney, s fees w/II be added to thc amount you reasonable costs. I~t you c att~rncy,s fees actually/ncurrcd by the lender even in t.h,~ 'vr,~..-_°_TM the if they exceed ~ -- :he ~~.,.~, ..... lender, which may also include Other - The lend- - . reaffirmed it, then lender cannot pursue this remedy. ' ",,~ oeen aischar~,~,~ --'..~,.p~cy w~thout your ULT PRIO TO aP_~ne ~Ic at a.~, ,~..._ u.~urc procccd/n s ~I£you have not c --.- ,v~a~ ~arno n ,,,,c u t g have be ured thc c~o c hot~-r-b..c .... gu~, ~ still ho ....~ . . dc£ault by the lender a - - d av in the ~ne_an~, ,~,~_ . ~w~th thc S~,~Z'~,, .. ';"¢ s tees and n -"' '",~ ~n this noti~rnents und _ . ',~,,~rs ~a~¢ as ecificd ever defaulted. - ..... ,~,u restore you~. Cur/n~ ,- -on as if you had ~ POSSIBLE ~rom tlie d~te ,~f,~.:_m~.~gagea property ¢ou DATF, ._ I_t is estimat . sale. Of Course, the amount needed to cure the default will increase the longer you wait. You may find out ¢ ofth~ actua! da ,~ .,~'.,- ..~Proxamateb, ,~ date that such a t.. ,,~ne :Sheriffs Sale ~~ months · e o~u~ ro you Oefore the at any time exactly what the requ/red payment or action will be by contacting the lender. ~ender: Bank ~~'~"~---~hone NUmber: 888-48 bet: 7 ALE You sho,, Sale, a lawsuit~ "~ ~,u yo~ nght to occupy~" realize ~at a Shehfts Sale ~11 e to remove you · If you continue to live ;, ,~_ nd yo~ o~ershi ~Y time. ~d Yg~ ~iS~ngs ~d o~cr bclon~ngs could- o~,,: a~rcr ~c Shc~tts be S~ed.by ~c lender at ~ON OF MO . buyer or ~~GE - --,~, tree W,o "11 ~s~e ~e ~~~~d~:~~ffo ~~~~:~n°tsellor ~--sfer yo ~hometoa ~d a~omey's fees ~d cos~ are paid ~e saSsfied. ~e ou~d~g Pa~en~, ch~ges- P~or to or at ~e sale and ~at the O~er requ~ements of ~e mortgage · * Assumption may be subject to credit approval and or Other Conditions Page 4 of $ TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF TI-rE MORTGAGE DEBT OR TO BORROW MONEy FROM ANOTHER LENDING INSTITUT/ON TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO H~VE 2HE MORTGAGE RESTO~D TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, 1F YOU CURE THE DEFAULT. (F/O~~R, YOU DO NOT HAVE TI-tIS RIG~ TO CURE YOUR DEFAULT MORE THAN 2HREE TIMES IN ANY CALENDAR TO ASSERT 2HE NONE~S~NCE OF A DEFAULT IN ANY FORECLOS~ PROCEEDING OR ANY OTHER LAWSU/T INSTITUTED UNDER THE MORTGAGE DOCUME~s, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKR~TcY LAW. PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY AS$1ST~CE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) Lycoming-Clinton Counties Commision for Community Action (STEP) 2138 Lincoln Street P.O. Box 1328 Williamspon, PA 17703 (570) 326-0587 FAX (570) 322-2197 CCCS of Northeastern PA 201 Basin Street Williarnsport, PA 17703 (570) 323-6627 FAX (570) 323-6626 31 W. Market Street POB 1127 Wilkes-Barre, PA 18702 (570) $21-0837 or (800) 922-9537 FAX (570) 821-1755 CLINTON COUNTY COLUMBIA Commission on Economics Opportunity of Luzeme County 163 Amber Lane Wilkes-Barre, PA 18702 (570) $26-0510 or (800) 822-0359 FAX (570) 829-1665---(Call Before Faxing) (570) 455-4994 Hazeltown FAX (570) 455-563 l--=(Call Before Faxing) (570) 836-4090 Tunkhannock Booker T. Washington Center 1720 Holland Center Erie, PA 16503 (814) 453-5744 FAX (814) 5749 John F. Kennedy Center, Inc. 2021 East 200. Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 C~RAWFORD COL%'TY _ CUMBERLAND COL.%'TY _ Urban League of Metropolitan Harrisburg N. 60. Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of the Capital Region 1514 Den'y Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 CCCS of Northeastem PA 1631 South Atherton St., Suite 100 State College, PA 16801 (814) 238-3668 FAX (814) 238-3669 1400 Abington Executive P~k Suite 1 Clarks Summit. PA 18411 (570) 587-9163 or (800) 922-9537 FAX (570) 587-9134-9135 Greater Erie Community Action Committee 18 West 90. Street Erie, PA 16501 (814) 459-4581 FAX (814) 456-0161 Shenango Valley Urban League, Inc. 601 Indiana Avenue Farrell, PA 16121 (412) 981-5310 Financial Counseling Services of Franklin 31 West 3'a Street Waynesboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 "G" Street Carlisle, PA 17013 (717) 243-381g FAX (717)~ 731-9589 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX 334-8326 PENNSYLVA~NIA BULLETIN, VOL. 29, NO. 23, JL~E 5, 1999 ALL the follow!rog desc~-ibed real es=ate lying and being situate in Hopewel 1 Township, Cumberland County Pennsylvania, bounded and limited as follows: , BEGINNING at an iron pin on the easterly dedicated right of way of Township Road No. 378 at corner of Lot No. 2 on a plan lots hereinafter referred ~o; thence by maid Lot No. 2, South 71 degrees 35 minutes 5B =econds East 237.94 feet to an iron Din; thence by the same, SOUth 18 degrees 24 minutes 1 second West 230 feet to an iron pin on line of lands now or fo~erly of Steve Elrath; thence by said lands now or formerly of Steve Elrath, North 70 degrees 33 minutes 27 seconds West 230 feet to am iron ~in on the easterly dedicated right of way line of the aforementioned Township Road 378; thence by the easterly dedicated right of way CONTAINING 1.250 acres and being Lot No. 1 on a plan of lots entitled "Mil 1 Run Acres,, Prepared for William F. Lucas by Kissinger and Wolfe, Surveyors, dated May 24, 1977, and recorded the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 30, Page 97. BEING that same real estate that William F. Lucas, single man, by his deed dated Augurer 23, 1980 and recorded in the Office of the ReCorder of Deeds in amd for Cumberland County, Pennsylvania, in Deed Book ,, B ,k, Volume 29 at Page 911, conveyed ~o S & R Construction, Partnership, and having Robert Swartz and Walter Ritchey, as Partners, Grantors herein. P~SES- 183 ZION ~0~ VERIFICATION TERESA SWITZER hereby states that she is SECOND VICE PRESIDENT of PNC MORTGAGE CORP. OF AMERICA mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. TERESA SWITZER 2¢,d VICE PRESIDE. N? FEDEKMAN 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 WASHINGTON MUTUAL BANK, F.A., S/I/I TO BANK UNITED 3200 SOUTHWEST FREEWAY HOUSTON, TX 77027 Plaintiff V. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUNIBERLAND COUNTY WESLEY A. SWARTZ SHIELA D. SWARTZ 183 ZION ROAD NEW BURG, PA 17240 Defendant(s) CIVIL ACTION - LAW 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 PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served. by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to ~1o so the case may proceed without you and a judgment may be entered against you by the court without further notice for any mOney claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 [~tO hereby certify the (717) 249-3166 Within to be a true and Correct CO,oy of the Loan #: 6299597 Plaintiff is WASHINGTON MUTUAL BANK, F.A., S/I/I TO BANK UNITED 3200 SOUTHWEST FREEWAY HOUSTON, TX 77027 The name(s) and last known address(es) of the Defendant(s) are: WESLEY A. SWARTZ SHIELA D. SWARTZ 183 ZION ROAD NEW BURG, PA 17240 , w"ho is/are the mortgagor(s)and real ow'net(s)of the property' hereinafter described. On 11/10/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMRESCO RESIDENTIAL MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County'. in Mortgage Book No. 1497, Page 204. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assi~ment of same. . 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 8/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." . The following amounts are due on the mortgage' Principal Balance Interest 7/1/00 through 3/1/01 (Per Diem $40.63) Attorney' s Fees Cumulative Late Charges 11/10/98 to 3/1/01 Cost of Suit and Title Search Subtotal $ ! 56,096.07 9,913.72 4~000.00 423.33 550.00 $170.983.12 Escrow 0.04 Credit 0.0___g0 Deficit ($ 0.04) Subtotal TOTAL $170,983.08 . o . 10. 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. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required b3' 35 P.S. § 1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program. Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with PlaintiWs written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $170,983.08, together with interest from 3)1/01 at the rate of $40.63 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. ~. , ,h,.~.re nto set my hand and the seaJ of sa~d Court at CarJisle, This .... ~ ......... day o{..~-';" ....... ...... ........pro~honotarY /s/Frank Federman FRANK FEDERMAN. ESQUIRE Attorney for Plaintiff postage ~.~ Ce~ified Fee ~ eturn AeceiPt Fee. R uire~3! r~.J ~.~dorse~ertt Re*3 To~t Po~e & ~ Postm~ Here Postage Certifiecl Fee /'L/ Return Receipt Fee I:~ (EncJorsernent Required) (EncJorsement Required) 1:::3 ?ota~ r~/ Po.~tage & ~ees 37.00 Southwest FreeWaY, p.O. Box 7.87-4 HouSton, Texas 7707-7 PT 1432 DATE November ?,7, 7.000 BASIC ACT 91 NOTICE ACTION TO sAVE AKE ROM HOME F cbOSl3 ,. ae~aU~~-~e~ ~~+ is nroVl~_~eu t a-e OB vOU~ . the mor nature o' ~ . _ ~cficiai ~his i~cifi~ed ~ . ~ws ~0~~ sxsx~C~ v MEOWN ~ome. ~~ . ~~U~~ woke -- To ' MAP ave att~ questions, · If you h explain it. . . _, ~,¢armatton- _ ,.~ ohle to help - _,.~ ohle - . · o~ant g . oenc~ ....... ~ntams ~m~ _~:+ ~ unseling A.~=~ ~ 1bar assoC~ ~his ~oucc ~__~,,mer Creu~-~ .~,,r area. e resenta?es-~k~72 contact an aaoru=, fin8 a la~er iM~ORT~C~, pu~S ~ECTA to help ~ou ' NTO ~S D~ SU~ cAS~ ~ u . ~~ccto~ N ~J O EN S A ~A oUSIN¢ AcION E E~ OBTENG ~IA H , NOTIFIC. INU~ ~ ACION _~ E~S~V. ~ pUEDE~ LA HO A ~~ ~.: NoTI~C GENC~_ ~ O ~BA. t DE~C ESTA ~STA A NCION~ LL~. ~O D~ O EgOME OG~ . C~ CON E L ~ N EL E _. T~E~ c~GOs ~Og ~OG~ ELE~t~ G~ ~ ~ IDa BIPOTECA- Page 2 of'5 Page I of 5 HOMEOWNER'S NAME(S ) Wesley A. Swartz PROPERTY ADDRESS 183 Zion Road, New Burg, PA 17240 LOAN ACCOUNT 6299597 ORIGINAL LENDER Amresco CURRENT LENDER/SERVICER: Bank United HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH Tl:rF~ PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE 'ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEENG ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHF~R ELIGIBILITY REQUIREMENTS ESTABLISI~D BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days fi'om the date of this Notice. Dtu'Mg that time you must arrange and attend a 'face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE: YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPL~S HOW TO BRING ..YO~ MORTGAGE LIP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers Of designated consumer credit counseling agencies for the county in which the property is located .are set-forth at the end of this Notice. It is only necessary to schedule one face-to--face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the fight to apply for financial assistance fi'om the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application .with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face- to-face meeting. ' YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTI~R TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENI. ED. ,.- .- ,.-- Il " .?~ Page 3 of 5 IFT-'~~~~ORTGAGE !S FORE _ before ~age aeot If ~ON_ the lender ~-~_ . '_ ~e lende ,~__ '~e mO~a~ ~ __ ~ms lea r .~rs o~ ~ ge~ pro~ · g I procee · Y case to ' ~ ~11 be a~o~ey's fees that W~e ac~/ly st you v , ,.~,, .... eys, but o d~gs aga~ x~ a~o~ sold b inched, up to $50.00. HOWever, illegal proceedings ~e s~ed against , yo. ,su St~ll be re,,;.~ ~ ~ c ~e de/inquenc You, You Mil have to pay all reasonable a~omey,s fees ac~//y ~C~ed by ~e lender even if they exceed re~onab/e cos~. If ou CUre the default · ~-,,cu to pay ~e reasonabi~ $50.00. ~y a~o~e~s fees ~ll be added to ~e amo~t you owe ~LE~ER ~D~s the ~~~. _ ~e lender, ~hich may also include Other and all o~- ~e ~-- . ~.,~ uue ~der ~e mn,.. ~,u~[ may also sue you _ hav~g rea~~ed it, ~en lender ca~ot P~ue t~s reme~~ ueen aisch~ee~ ;_, ~?~d Pnncipal ...... ~-~c. lt-yo~ debt h.o ~_ ~r~onaIly for ~e ,,~: . · -~ ~p~cy M~out yo~ If Y~ hav~ not c~ed . costs c ~,~ men as ,u one n ~, ou ' ~c defaul m ~ o ~mcc[ea · a~O~e ~ tbe manner set forth in this notice ~,~ u · ' d ' ~bv ~~:~er cos~ ,~~asonable __, o so b · er re ~th the S s fees and never defaulted. ~11 restore Your mO~gage to the Same position as if you bad ~e. Curing your default ~T POSSIBLE S~~F,S S~E D She~ffs Sale of ~e mort a e A~E - · . of.,,~ motice A notice of the ac~l date ~,~_ ~Pro~matel uch a sale. Of co~se, ~e amour needed to C~e ~e deSult s Sale ~~ mo~ths at any ~me exactly what the requ~ed ~I1 increase ~e longer you wait. You may find out ~ ~cn[ to you before the Pa~ent or action ~II be by con~cting the lender. ~Lender: Bank United ~Phone Number: 888-4 ~ · ~ALE You sh,,..,., realize t~at a Sheriffs Sale will e Sa/e, a lawsuit to remove you · ~Y time. ~d yo~ ~iS~ngs ~d O~er belon~ngs could be S~ed.by ~e lender at ': m ,,~ prope~ a~er ~ o~ ~e -,~ one~ffs ~ON OF~ORTGAG~ buyer or ~~;e ~~~ may.* or ~ ~d a~o~ey's fees ~d cos~ are paid P~or to o~ -~u~ prodded ~at all ~e ou~~d~g a unga~e ~, . ~ may not sell or ~sfer yo~ home to ~e Sa~Sfied. at ~e sale and ~at the O~er Pa~en~, ch~ges- requ~ements of ~e mO~gage · * Assumption may be subject to credit approval and or Other conditions Page 4 ors TO SELL THE PROPERTY TO OBTAIN MONEy TO PAY OFF THE MORTGAGE DEBT OR TO BORRow MONEy FROM ANOT//ER LEND/NG/NST/TLr/,/ON TO PAY OFF THIS DEBT. TO HA~ TI-lIS DEFAULT CURED BY ANY TH/RD PAR~ ACT/NG ON YOUR BEHALF. TO HA~ ~ MORTGAGE RESTO~D TO THE SAM~ POSITION AS IF NO DEFAULT HAD OCCURRED, iF YOU CUR~ THE DEFAULT. (*HO~~R, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR YEAR.) DEFAULT MO~ THAN THREE TIMEs 1N ANy CALENDAR TO ASSERT TftE NONE~S~NCE OF A DEFAULT 1N ANy FORECLOSURE PROCEED/NG OR ANY OTHER. LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUME~s, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER, THE FEDERAL BANKRUPTcy LAW' · · PENNSYLVANIA HOUSING IrlNANCE AGENCY HOMEOWNER,S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. S/o0) Lycoming-Clinton Counties Commision for Community Action (STEP) 2138 Lincoln Street P.O. Box 1328 Wiiliamsport. PA 17703 (:570) 326-0587 FAX (570) 322-2197 CCCS of Northeastern PA 20 ! Basin Street Wiiliamsport, PA 17703 (570) 323-6627 FAX (570) 323-6626 31 W. Market Street POi5 1127 Wilkes-isarre, PA 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-178;5 Commission on Economics Opportunity of Luzeme County 163 Amber Lane - Wilkes-Ban-e, PA 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1665--(Call Before Faxing) (570) 455-4994 Hazeltown FAX (570) 455-563 I-(Call Before Faxing) (570) 836-4090 Tunkhannock isooker T. Washington Center 1720 Holland Center Erie, PA 16503 (8/4) 453-:5744 FAX (814) 5749 John F. Kennedy Center, [nc. 2021 East 20~' ~treet Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg N. 6ta Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Corem of the Capita/Region 1514 Dent Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 CLINTON COUNTY CCCS of Northeastem PA 1631 South Atherton St., Suite 100 State College, PA 16801 (814) 238-3668 lAX (814) 238-3669 1400 Abington Executive Park Suite I Clarks Summit. PA 184 ! 1 (570) 587-9163 or (800) 922-9537 FAX (570) 587-9134-9135 Greater Erie Community Action Commktee 18 West 9"' ;Street Erie, PA 16501 (814) 459-4581 FAX (814) 456.0161 $henango Va/ley Urban League, Inc. 601 Indiana Avenue Farreil, PA 16121 (412) 981-5310 Financial Counseling Services of Franidin 31 West 3'~ Street Waynesboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 "G' Street Carlisle, PA 17013 (717) 243-3818 FAX (717)~731.9589 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX 334-8326 PENNSYLV~/iA BULLETIN, VOL. 29, NO. 23, JL~E 5, 1999 way ..~~_~LNNIN~ a~ a- :~ ~' ~=nnsylvania Townsh- =~-~Y_ dedicate '' ~e~Onds West --~y o~ Steve -~ ~ ~Ceve li izP Roa~ 3~8- d rZwh: of {30 feet t ~l~ath, NOrth emtit ,. t250 act ~ an iron ,~_ . _ egrees ~ _~ .of way ~he m~= "~ wolfe ~.___ s yrema~.~ _ ' ~ o~ n _, GINNING ~ =,,ia, in ~oroer 0 ~2~z z4, 1977 ' ~Ucas b =wu 97 . ~merla~d Co~ uy, by his deed dated August 23, 1980 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, Deed Book "B", Volu~e 29 at Page 911, conveyed to S Construction, a Partnership, and having Robert Swartz amd Walter Ritchey, as Partners, G~amtors herein. P~SES- ~83 ZION VERIFICATION TEKESA SWITZER hereby states that she is SECOND VICE PRESIDENT of PNC MORTGAGE CORP. OF AMERICA mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: ~------ TERESA SWITZER VICE pRESIDE. N? i FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq. Atty. I.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 ('21 S) 563-7000 WASHINGTON MUTUAL BANK, F.A., S/I/I TO BANK UNITED ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS · · CIVIL DIVISION VS. WESLEY A. SWARTZ SHIELA D. SWARTZ CUMBERLAND COUNTY · NO. 01-1906 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. 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. MOTION FOR SERVICE PURSUANT TO Plaintiff, by its counsel, Mich¢l¢ M. Bradford, Esquire, moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant(s) by Certified mail and regular mail to the Defendant's last known address and mortgaged premises located at 183 ZION ROAD, NEW BURG, PA 17240 and in support thereof avers the following: 1. Attempts to serve Defendant(s) with the Complaint have been unsuccessful, as indicated by the Sheriffs Remm of Service attached hereto as Exhibit "A". 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant(s). An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". H:/Main Forms/motions/county.comp 3. Plaintiff submits that it has made a good faith effort to locate the defendants, but has been unable to do so. WItE~FO~, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint by certified mail and regular mail. Michele M. Bradford, Esquire H:/Main Forms/motions/county.comp ATTORNEY FOR PLAINTIFF FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq. Atty. I.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 WASHINGTON MUTUAL BANK, F.A., COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY vs. NO. 01-1906 WESLEY A. SWARTZ SHIELA D. SWARTZ Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable role, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant(s) and the reasons why service cannot be made. Note: A Sheriffs return of '~Iot Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. C3on~ale~ ye_ polls, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Ado?inn of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.I~ Part 265, (2) inquiries of relatives neighbors, Mends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Sheriffs Return of Service, attached hereto and marked as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant(s) has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests service of the Complaint by certified mail and regular mail. Respectfully submitted: Michele M. Bradford, Esquire H:/Main Forms/motions/county.comp CASE NO: 2001-01906 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND VS , Sheri~ or Deputy Sheriff, who being duly sworn according to law, says, ~ha~ he made a diligent search and inquiry ~or the within named but was SWART Z SHEILA unable to locate He_~r in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFEND~ ' Sheriff's Costs: 6.00 Docket lng .... ' .... .00 Service .00 A~ f idavit 10.00 Surcharge NOT FOUND , as to So a ,. R. , ~ne Sheriff of Cumberland county .00 OS/O' / -OO:L sworn and subscribed to before me day of , -- A.D. Prothonotary SHerIFF'S K~TURN. - NOT FOUND . NO: 2001-01906 P COMMOATWE~~ OF pENNSYLV~IA co~ oF' CUMB~KIAND · V$ ,sheriff or Deputy Sheriff, who being · ~uly sworn according to law, says, that he ma~e a dili~en% search and inquiry ~or the within named defendant, DEFEND~T. _.. but was unable to locate Hi__~m in his bailiwick- He COMPLAINT - MORT FORE , therefore returns the , NOT FOUND , as to =he within named DEFENDANT ' Sheriff.' s Costs: Docke~ in~ .... 18.0 0 12.40 Servi ce .00 Affidavit Surcharge 10.00 Sherif~ of cumberland county .00_ 40.40 FEDERMAN & PHELAN ' d before me Sworn and subscribe %o this day of EXHIBITA ..... ~<m TOTRL PRGE.03 :¢:~ PAN J, INC. AFFIDAVIT OF GOOD FAITH iNVESTIGATION File Number' 01-1245 Attorney Firm: Federman And Phelan Subject: Wesley A. & Shiela D. Swartz Current Address' Property Address: Mailing Address: 183 Zion Rd. New Burg, PA 17240 183 Zion Rd. New Burg, PA 17240 183 Zion Rd. New Burg, PA 17240 II. III. IV. VI. CREDIT iNFORMATION A. SOCIAL SECURITY NUMBER Wesley A. Swartz- 188-56-7573 Shiela D. Swartz- 203-56-6615 B. EMPLOYMENT SEARCH Wesley A. Swartz- unknown Shiela D. Swartz- unknown C. INQUIRY OF CREDITORS' The creditors indicate that Wesley & Shiela reside(s) at: 183 Zion Rd. New Burg, PA 17240 INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH This is a non published number. 183 Zion Rd. New Burg, PA 17240 INQUIRY OF NEIGHBORS Joe Breski 184 Zion Rd. and he verified that Wesley & Shiela reside(s) at: 183 Zion Rd. New Burg, PA 17240 INQUIRY OF POST OFFICE A. NATIONAL ADDRESS UPDATE: 183 Zion Rd. New Burg, PA 17240 Wesley A.&Shiela D. Swartz- MOTOR VEHICLE REGISTRATION A. MOTOR VEHICLE & DMV OFFICE Per the Pennsylvania Department of Motor Vehicle Wesley & Shiela reside(s) at: 183 Zion Rd. New Burg, PA 17240 OTHER INQUIRES A. DEATH RECORDS As of March 1, 2001 Vital Records has no death record on file for Wesley & Shiela. B. PUBLIC LICENSES (PILOT, REAL ESTATE, ETC.) None Found E'XHIBIT"B' ¥II. C. COUNTY vOTER REGISTRATION The Cumberland Cnty Voter reg. has a registration for Wesley & Shiela residing 183 Zion Rd. New Burg, PA 17240 ADDITIONAL iNFORMATION OF SUBJECT A. DATE OF BIRTH ' Wesley A. Swartz - YOB - 1966 Shiela D. Swartz YOB - 1970 B. A.K.A. None ~FFiAN~ Steven M. ~ day of ~000 Sworn to and subscribed before me this ~ pAN, l, INC 43 Wilson Drive Sicklerville, NJ 08081 Phone' (856) 740-0919 Michele M. Bradford, Esquire, hereby states that she is the AttorneY for thc Plaintiff in tiffs action, that she is authorized to take this Affidavit, and that the statements made in thc foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT arc true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. Date: Michele M. Bradford, Esqmre H:/Main Forms/motions/county'comp FEDERMAN AND PHELAN BY: Miehele M. Bradford, Esq. Atty. I.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 - WASHINGTON MUTUAL ' BANK, F.A., S/FI TO BANK UNITED Vs. WESLEY A. SWARTZ SHIELA D. SWARTZ ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY · NO. 01-1906 I, Michele M. Bradford, Esquire, herby certify that a copy of the Motion for Service Pursuant to Special Order of Court has been sent to the individual(s) as indicated below by first class mail, postage prepaid, on the date listed below. WESLEY A. SWARTZ AND SHIELA D. SWARTZ at: 183 ZION ROAD NEW BURG PA 17240 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. {}4904 relating to unswom falsification to authorities. Date: J~_~ne 21,2001 Michele M. Bradford, Esquire Attorney for Plaintiff H:/Main Forms/motions/county.comp WASHINGTON MUTUAL BANK, F.A. S/I/I BANK UNITED, Plaintiff Vi WESLEY A. SWARTZ SHIELA D. SWARTZ, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 01-1906 CIVIL TERM ORDER OF COURT AND NOW, this 29h day of June, 2001, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is ordered and directed that Plaintiff may obtain service of the complaint on the above-captioned Defendants, Wesley A. Swartz and Shiela D. Swartz, by (1) mailing a tree and correct copy of the complaint by certified mail and regular mail to Defendants' last known address and the mortgaged premises at 183 Zion Road, Newburg, PA 17240, (2) publication once in the Cumberland Law Journal and in a newspaper of general circulation in Cumberland County, Pennsylvania, and (3) posting upon the mortgaged premises. BY THE COURT, Michele M. Bradford, Esq. 1617 John F. Kennedy Blvd. Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff esley Ole J. FEDERMAN AND PHEIjkN BY' FRANK FEDERMAN, ESQUIRE identification No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff WASHINGTON MUTUAL BANK, F.A., S/I/I TO BANK UNITED Plaintiff WESLEY A. SWARTZ SHIELA D. SWARTZ Defendants · COURT OF COMMON PLEAS · CIVIL DIVISION · cumberland County · No. 01-1906 TO THE PROTHONOTARY' Kindly reinstate the civil Action in Mortgage with reference to the above captioned matter. Foreclosure Attorney for Plaintiff Date' J__ul¥ 10, 2001 FEDERMAN AND PHELAN BY' FRANK FEDERMAN, ESQUIRE Identification No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 WASHINGTON MUTUAL BANK, F.A., S/I/I TO BANK UNITED Plaintiff Attorney for Plaintiff · COURT OF COMMON PLEAS · C1VIL DIVISION VS. WESLEY A. SWARTZ SHIELA D. SWARTZ Defendant(s) · CUMBERLAND COUNTY · NO. 01-1906 AFFIDAVIT OF SERVICE OF COMPLAINT BY MAll, PIIRSIIANT TO COIIRT ORI~ER I hereby certify that a tree and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, remm receipt requested, to the following persons, to WESLEY A. SWARTZ and SI-IIELA I). SWARTZ at 183 ZION ROAD, NEW BURG, PA 17240 on ,Inly 1% 2001, in accordance with the Order of Court dated JUNE 29,2001. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: J_uly 17; 2001 ~ FEDERMAN, ESQUIRE Attorney for Plaintiff NO- 2001-01906 p SHERIFF ' S RETURN - REGULAR COMMON-WEALTH OF PENNSYLVANIA. COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS _SWARTZ WESLEY A ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT _ MORT FORE was served upon SWARTZ WESLEY A _DEFENDANT , at 2100-00 HOURS, on the 23rd day of July at 183 ZION ROAD ~-- -- the 2001 NEWBURG, PA 17240 by handing to PROPERTY POSTED. DEFENDANTS WERE THERE. a true and attested copy of COMPLAINT _ MORT FORE together with REINSTATED and at the same time directing Hi_~s attention to the contents thereof. Sheriff,s Costs. Docketing 18.00 Service 12.35 Posting 6.00 Surcharge 10.00 .00 Sworn and Subscribed to before me this ~%L day of / A.D So Answers. Thomas K1 ine 46.35 07/24/2001 FEDERMAN & PHELAN Deput~ SHERIFF' S RETURN - REGULAR -CASE NO: 2001-01906 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS SWARTZ WESLEY A ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT - MORT FORE was served upon SWARTZ SHEII.A the law, DEFENDANT , at 2100-00 HOURS, on the 23rd day of July , 2001 at 183 ZION ROAD NEWBURG, PA 17240 by handing to PROPERTY POSTED. a true and attested copy of DEFENDANTS WERE THERE. COMPLAINT - MORT FORE together with REINSTATED and at the same time directing Her attention to the contents thereof. Sheriff's Costs- Docketing 6.00 Service .00 Posting 6.00 Surcharge 10.00 .00 22.00 Sworn and Subscribed to before me this ~ ~ day of 0--~J~ ~~ / A.D. t~dthonotary So Answers: R. Thomas Kline 07/24/2001 FEDERMAN & PHELAN Deputy Sheriff FEDERMANAND PHELAN By: FRANK FEDERMAN, ESQUIRE Attorney I.D. No. 12248 Suite 900 - Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A., S/I/I TO BANK UNITED vs. WESLEY A. SWARTZ SHIELA D. SWARTZ Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : No. 01-1906 .AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCO~nANCE WITH COURT O~nER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the attached Court Order dated as indicated below. By publication as provided by Pa. R.C.P. Rule 430(b) in in THE SENTINEL on AUGUST 21, 2001 and CUMBERLAND LAW JOURNAL on . AUGUST 24, 2001 . Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. F~iANK FEDERMAN~, ESQUIRE DATE: September 25, 2001 State of Pennsylvania, County of Cumberland. PROOF OF PUBLICATION Sherry Clifford, Classified Ad Manager _of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication o,^c,,o.,. IN THE COURT OF. COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA . · CIVIL ACTION - LAW · NO. 0~-1906 WASHINGTON MUTUAL BANK, F.A. · S/I/I TO BANK. UNITED, PLAINTIFF .. VS. · . WESLEY A. SWARTZ and SHIELA D. SWARTZ, DEFENDANTS · NOTICE TO WESLEY A. SWARTZ and SHIELA D. SWARTZ: You are hereby notified that on'April 2 2001 P WASHINGTO · -- =~--...~., laintiff, N MUTUAL BANK, F.A., .S/I/I TO BANK UNITED, filed a'Mortgage Foreclosure Complaint eridorsed.with a Notice to Defend, against you in the Court of C'ommon Pleas of CUMBERLAND County, Pennsylvania, docketed to No. 01-1906. Wherein Plaintiff seeks to foreclose on the mortgage se- cured On your property located at 183 ZION RO ,NEWBURG PA 17240 whereu ......... AD,. wu. yuur property would De sold by the Sheriff of CUMBERLAND County. You are ~ereby notified to plead to the above referenced. Complaint on or before 20 days from the date of this publication or a Judgment.will be entered against you. . NOTICE You't~ave been sued ih CoUrt. If you Wish to attend, you must enter a written apPearance personally or by attorney, and file your defenses or objectiOns in writing with the court. You are warned that if you fail'to do so; the case may proceed withoui you and Judgment may be entered against you without further notice for the relief 'requested by the Plaintiff. You may lose money, the property, or other rights important to you. ' You should take this notice to your lawyers at once. If you do not have a lawyer or cannot afford one,' go to or telephone the office set forth below to find obt wh~re you can get legal help. - CUMBERLAND COUNTY BAR ASSOCIATION , 2 LIBERTY AVENUE, CARLISLE, PA 17013 (717) 249-3166 , Frank Federman, Attorney for Plaintiff . Federman and Phelan, L.L.P. One'Penn Center, Suite 1400, Philadelphia, PA 19103 (215) 563-7000 . August 21, 2001 Affiant further deposes that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. August 22, 2001 Sworn to and subscribed before me this 22nd day of August ,2001. Notary Public My commission expires- .... ~o't~R~A[ sEAL' ScHIRLEY O. DURNIN, Notary Publ'c arlisle Boro., Cumberland ,. My Commjss~n. Expi?s Aug:.9, 2003 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 · SS. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law $oumal, of thc County and State aforesaid, being duly sworn, according to law, deposes and says that thc Cumberland Law $ournal, a legal periodical published in thc Borough of Carlisle in thc County and State aforesaid, was established January 2, 1952, and designated by thc local courts as thc official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in thc said County, and that thc printed notice or publication attached hereto is exactly thc same as was printed in thc regular editions and issues of thc said Cumberland Law $oumal on thc following dates, Viz AUGUST 24, 2001 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are Rog. M. Morgenthal, Editor - - SWORN TO AND SUBSCRIBED before me this _ 24 _day of AUGUST, 2001 CUMBERIAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action--Law No. 01-1906 WASHINGTON MUTUAL BANK. F.A., S/I/I TO BANK UNITED, PLAINTIFF VS. WESLEY ,~ SWARTZ and SHIELA D. SWARTZ, DEFENDANTS NOTICE TO WESLEY A. SWARTZ and SHIE- LA D. SWARTZ: You are hereby notified that on April 2, 2001, Plaintiff, WASHING- TON MUTUAL BANK, F.A., S/I/I TO BANK UNITED, filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of CUMBERLAND County, Pennsylva- nia, docketed to No. 01-1906. Wherein Plaintiff seeks to fore- close on the mortgage secured on your property located at 183 ZION ROAD, NEW BURG, PA 17240, whereupon your property would be sold by the Sheriff of CUMBER- LAND County. You are hereby notified to plead to the above referenced Compls/nt on or before 20 days from the date of this publication or a dudgment will be entered against you. NOTICE You have been sued in Court. If you wish to defend, you must enter a written appearance personally or by attorney, and file your defenses or objections in writing with the court. You are warned that if you fail to do so, the case may proceed without you and Judgment may be entered against you without further notice for the relief requested by the Plaintiff. You may lose money, the property or other rights important to you. You should take this notice to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to/'md out where you can get legal help. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE FEDERMAN AND PHELAN, L.L.P. Attorneys for Plaintiff One Penn Center Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Aug. 24 WASHINGTON MUTUAL BANK, F.A. S/FI BANK UNITED, Plaintiff Ye WESLEY A. SWARTZ SHIELA D. SWARTZ, Defendants · · · · · · CIVIL ACTION- LAW · NO. 01-1906 'CIVIL TERM IN THE COURT OF COMMON PLEAS OF CUMBERLA~ COUNTY, PENNSYLVANIA ORDER OF COURT AND NOW, this 29h day of June, 2001, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is ordered and directed that Plaintiff may obtain service of the complaint on the above-captioned Defendants, Wesley A. Swartz and Shiela D. Swartz, by (1) mailing a true and correct copy of the complaint by certified'mail and regular'mail to Defendants' last known address and the mortgaged premises at 183 Zion Road, Newburg, PA 17240, (2) publication once in the Cumberland Law Journal and in a newspaper of general circulation in Cumberland County, Pennsylvania, and (3) posting upon the mortgaged premises. .. M~~e M. Bradford, Esq. /~1617 John F. Kennedy Blvd. Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff BY THE COURT, esley Oler, TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and ~ se,al of said/Cou~at Ca[lisle, Pa..~ / " Prothonotary / ~ ' FEDERMAN AND PHELAN 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 WASHINGTON MUTUAL BANK, F.A., S/I/I TO BANK UNITED Attorney for Plaintiff ' COURT OF COMMON PLEAS Plaintiff VS. WESLEY A. S~Vi&N AND fi~!'~'~:~ ~:~ SHIELA D. sw~RNEY FI L~ GOPY PLEASE RETURN Defendant(s) · CIVIL DIVISION C) .'-: ..... (.'.'2 --' 9!~y r HLE-'.: COPY:' 'PLEASE · NO. 01-1906 ..~':: ..... :.:: .. .... . .. ~.. ,,.-:i. .... AFFIDAVIT OF SERVICE OF COMPLAINT BY MAll, PIIRSIIANT TO COIIRT ORDER · ----- ~"L,',/ Fi ..',, I hereby ccrhfy that a tree and correct copy o~~~t.~!A:¢0or,~..~m._~._lamt m Mortgage ~ -'. t:t. ;.'-:"- ~.':" ..'-'"".'...: _ - -' ,!,_.:..,.: .....;:.:....._.~.: ..: 3.....¢:.~ .....:, ..:.~;:.~,. Foreclosure in the above captioned matter was sent by 3eg~i}e..7~tl.: ..c.e'~iifJg~l, return receipt ,-_ :,,::::, ? ,: ;;; ?i~ - requested, to thc following persons, to WESLEY A. SWARTZ and SHIELA D. SWARTZ at 183 ZION ROAD, NEW BURG,~A 17240 on Julv 17. 2001, in accordance with the Order of Court dated JUNE ~,20o~. The-~;b,"'~'/md~fStands that this statement is made subject to the ,~...,~.~,-, ~.,:j.-~'.: ... .... .~ ~..: .,...!,.; :.: .' .: ~. ~ "Y~:.'. ?,::: F,-?/.::, .!' ':...!.:.:-.~ .'""'......'. ": 'i:i .:" '" penalties of 18 Pa. C.S. {}4904 relating ~"~6ffi.,faisific//ti6n to authorities. . .. .. Date' July 17_ 2001 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff SHERIFF ' S RETURN - REGULAR ~ 'C~ASE NO' 2001-01906 p COMMONWEALTH .OF PENNSYLVANIA. COUNTY OF CIIMBERLAND WASHINGTON MUTUAL BANK VS SWARTZ WESLEY A ET AL DAWN KELL - , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who bein~ duly sworn accordin~ to law, says, the within COMPLAINT - MORT FORE was served upon SWARTZ WESLEY A the DEFENDANT at 183 ZION ROAD at 2100-00 HOURS, on the 23rd day of July , 2001 N_EWBURG, PA 17240 PROPERTY POSTED. by handing to DEFENDANTS WERF. THERE. a true and attested copy of COMPLAINT - MORT FORE REINSTATED together wi th and at the same time directing Hi__~s attention to the contents thereof. Sheriff.s Costs- Docket lng 18.00 Servi ce 12.35 Posting 6.00 Surcharge 10.00 Sworn and S'ubscribed to before me this day of So Answers- R. Thomas Kline .00 46.35 07/24/2001 FEDERMAN & PHELAN Deputy Sheriff A.D. Prothonotary SHERIFF ' S RETURN - REGULAR CASE NO- 2001-01906 P COMMONWEALTH OF PENNSYLVANIA- COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS SWARTZ WESLEY A ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SWARTZ SHEILA the DEFENDANT , at 2100-00 HOURS, on the 23rd day of July , 2001 at 183 ZION ROAD NEWBURG, PA 17240 by handing to PROPERTY POSTED. DEFENDANTS WERE THERE. a true and attested copy of COMPLAINT - MORT FORE together with REINSTATED and at the same time directing Her attention to the contents thereof. Sheriff's Costs- Docketing 6.00 Service .00 Posting 6.00 Surcharge 10.00 .00 So Answers- R. Thomas Kline 22.00 07/24/2001 FEDERMAN & PHELA_N Sworn and Subscribed to before me this day of Deputy Sheriff A.D. Prothonotary PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland. Sherry Clifford, Classified Ad Manager of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication ~' NOTICEOF ACTION IN MORTGAGE FoREcLOSURE IN THE COURT OF'COMMON PLEAS OF CUMBERLAND COUNTY, .PENNSYLVANIA · . CIVIL ACTION - LAW " NO. 0.1-1906. WASHINGTON MUTUAL BANK, F.A., · S/I/I TO BANK. UNITED, PLAINTIFF VS. WESLEY A. SWARTZ and SHIELA D. SWARTZ, DEFENDANTS · NOTICE TO WESLEY A. SWARTZ and SHIELA D. SWARTZ: You are hereby notified that on' A_.pril 2, 2001' Plaintiff, WASHINGTON MUTUAL BANK, F.A.,.S/I/I. TO BANK ' UNITED, filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of CUMBERLAND County, Pennsylvania, docketed to No. 01-1906. Wherein Plaintiff seeks to foreclose on the mortgage se- cured on your property located at 183 ZION ROAD, - NEWBURG, PA 17240 whereupon your property would be sold by the Sheriff of CUMBERLAND County. You are I~ereby notified to plead to the above r~ference~Complaint on or before 20 days from t'h-e date of this publication or a Judgment.will be entered against you.. · ' NOTICE : You have' been sUed ih Court. If You Wish to attend, you must enler a writlen appearance personally or by attorney, and file your defenses or objections in writing with the court. You are warned that if you fail to do so, the case may proceed withou~ you and Judgment may be enlered against you wilhoul further notice for lhe relief requested by the Plaintiff. You may lose money, the property or other righls imporlanl to you. You should take this notice to your lawyers at once. If you do no! have a lawyer or cannot afford one, go to or telephone the office set forth below Io find out where you can get legal help. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, PA 17013 (717) 249-3166 Frank Federman.. Attorney tor Plaintiff Federman and Phelan, L.L.P. One, Penn Center, Suite 1400, Philadelphia, PA 19103 (215) 563-7000 August 21, 2001 Affiant further deposes that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. August 22, 2001 Sworn to and subscribed before me this 22nd day of August ,2001. Notary Public My commission expires: ~.T, , NoT~,RIX'L SEAL ...... SHIRLEY O. DURNIN. Notary Carlisle Boro., Cumberland Count~/ _My Commission Expi?s Aunt. 9, 2003~ PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WASHINGTON MUTUAL BANK, F.A., S/I/I TO BANK UNITED Plaintiff, V. WESLEY A. SWARTZ SHIELA D. SWARTZ Defendant(s). No. 01-1906 CIVIL TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 9/25/01 to 3/6/02 (per diem -29.50) TOTAL $179,474.75 ',/ $4,779.00 and Costs $184,253.75 F 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. ALL the following described real estate lying and being situate in Hopewell Township, Cumberland......-.--- County, Pennsylvania, bounded and limited as follows' BEGINNING at an iron pin on the easterly dedicated right of way of Township Road No. 378 at comer of Lot No. 2 on a plan of lots hereinafter referred to; ther~ce by said Lot No. 2, South 71 ~-- degrees 35 minutes 58 seconds East 237.94 feet to an iron pin; thence by the same. South 18 degrees 24 minutes 1 second West 230 feet to an iron pin on line of lands now or f°rmerlv of Steve Elrath; thence by said lands now or formerly of Steve Elrath, North 70 degrees 33 minutes 2/ seconds West 230 feet to an iron pin on the easterly dedicated right of way line of the aforementioned Township Road 378; thence bv the easterlv dedicated righ[ of way line of Township Road No. 378, North 18 deerees 54 minutes '~2 seconds l~ast '>25 64 feet to an iron pin, the place of BEGINNING. ~ - ' CONTAINING 1.250 acres and being Lot No. 1 on a plan of lots entitled "Mill Run Acres" prepared for William F. Lucas by Kissinger and Wolfe, Surveyors, dated May 24. 1977. and recorded in the Office of the Recorder of Deeds of Cumberland Coun, Pem4s lvma ' 30 Pa~ ty y m, m Plan Book , ~e 97. TOGETHER with all the Grantor's right, title and interest in and to that portion of the public road known as Township Road No. 378 lying between the front property, line of said Lot No. 1 herein conveyed, as shown on the aforementioned plan of lots, and the centerline of said public road, which has been dedicated by the Grantor herein for road usage. TAX PARCEL # 11-07-0491-012 TITLE TO SAID PRF-MISES IS VESTED IN Wesley A. Swartz and Sheila D. Swartz, husband and wife by Deed from S & R Construction, A Partnership, and having as Partners Robert Swartz and Walter Ritchey dated 5/15/97 and recorded 6/20/97 in Deed Book 159 Page 767. WASHINGTON MUTUAL BANK, F.A., S/I/I TO BANK UNITED Vo Plaintiff, WESLEY A. SWARTZ SHIELA D. SWARTZ Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-1906 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) , 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 ,183 ZION ROAD~ NEW BURG~ PA 17240. _ 1. Name and address of Owner(s) or reputed Owner(s)' Name Last Known Address (if ad&ess cannot be reasonably ascertained, please indicate) WESLEY A. SWARTZ SHIELA D. SWARTZ 183 ZION ROAD NEW BURG, PA 17240 183 ZION ROAD NEW BURG, PA 17240 2. Name and address of Defendant(s) in the judgment: WESLEY A. SWARTZ SHIELA D. SWARTZ 183 ZION ROAD NEW BURG, PA 17240 183 ZION ROAD NEW BURG, PA 17240 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 CITIFINANCIAL INC. Last Known Address (if address cannot be reasonably ascertained, please indicate) 1752 LINCOLN WAY EAST, STE. 7 CHAMBERSBURG, PA 17201 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. Nalll¢ 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: Nalll¢ Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 183 ZION ROAD NEW BURG, PA 17240 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 of18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. December 5, 2001 _~~ 4~/-x,~ DATE ~ FRANK FEDERMAN, ESQU]I~ Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, F.A., S/I/I TO BANK UNITED Plaintiff, WESLEY A. SWARTZ SHIELA D. SWARTZ Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-1906 CIVIL 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 unswom falsification to authorities. F Attorney for Plaintiff ALL the following described real estate Ivinz and being situate in Hope:veil Township, Cumberlan~ County. Permsylvania, bounded and limited ~s tbllows. BEGINNING a~ an iron pin on the easterty dedicated righ~ of wa,,, of Township Road No. 378 at comer of Lot No. 2 on a plan of lots hereinafter referred to' ther~ce bv said Lot No. 2, South 71 degrees 3.5 minu~es .58 seconds East 237.94 feet to an iron pin- thence' by the same. South 18 degrees 24 minutes 1 second West 230 feet to an iron pin on line of lands now or t'brmerly of Steve Elrar. h-thence by said lands now or tbrmerly of Steve Elrath, North 70 dezrees 33 minutes ~- seconds West 230 feet to an iron pin on the easterIv dedicated righ~ of' wa.,,, line or' ~he aforementioned Township Road 378; thence by the'easterly dedicated rizht of wa;. line of Township Road No. 378. North i8 dezrees 54 minutes ~2 seconds t~ast ~'~5.64 feet ~o an iron pin. the place of BEGINNING. " __ " . CONTAINING.. 1..2.50 acres and bein,,z Lot . . __ ruea La the Office of ,~.- r~,...'__~ p_ au wolfe, Survevors dat~,,q ,,.r.,...,, ...' res ~ 30, Pave 97 ~,- ~.=tcorcter or Deeds of Cumberl 'a r,f, '" :'*'v ,:.~, ~.~77, and -- · an,, ,-.,,unty, Pennsylvania, in Plan Book TOGETHER with all the Grantor's right, title and interest in and to that portion of the public road known as Township Road No. 378 lying between the front propert3., line of said Lot No. i herein conveyed, as shown on the aforementioned plan of lots, and the centertine of said public road which has been dedicated by the Grantor herein for road usage. , TAX PARCEL ,4' 11-07-049 l-012 Wesley A. Swartz and Sheila D. Swartz, husband and wife by Deed from S & R Construction, A Partnership, and having as Partners Robert Swartz and Walter Ritchey dated 5/15/97 and recorded 6/20/97 in Deed Book 159 Page 767. SALE DATE: _M~CH 6, 2002 IN THE COURT OF COMMON PLEAS OF CLYMBE~~ COUNTY, PENNSYLVANIA CIVIL ACTION- LAW WASHINGTON MUTUAL BANK, F.A., S/I/I TO BANK UNITED No.' 01-1906 CIVIL VS. WESLEY A. SWARTZ SHIELA D. SWARTZ AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 183 ZION ROAD, NEW BURG, PA 1724Q. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Supplemental Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. Attorney for Plaintiff February 26, 2002 WASHINGTON MUTUAL BANK, F.A., S/I/I TO ' · CUMBERLAND COUNTY BANK UNITED . . Plaintiff, COURT OF COMMON PLEAS v. · CIVIL DIVISION WESLEY A. SWARTZ · NO. 01-1906 CIVIL SH1ELA D. SWARTZ . Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) , Plaintiff in the above action, by its attorney, FRANK FEDERMAN, E. SQU. IRE, setsf_o_..rt_h..a, su~°fr}ha~ date the Praecipe for the Writ of Execution was filed the following intormation concerning [~ property located at ~183 ZION ROAD NEW BURG PA 17240. 1. Name and address of Owner(s) or reputed Owner(s): Last Known Address (if address cannot be Name reasonably ascertained, please indicate) WESLEY A. SWARTZ SHIELA D. SWARTZ 183 ZION ROAD NEW BURG, PA 17240 183 ZION ROAD NEW BURG, PA 17240 2. Name and address of Defendant(s) in the judgment: WESLEY A. SWARTZ 183 ZION ROAD NEW BURG, PA 17240 SHIELA D. SWARTZ 183 ZION ROAD NEW BURG, PA 17240 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: NalIle 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 CITIFINANCIAL INC. Last Known Address (if address cannot be reasonably ascertained, please indicate) 1752 LINCOLN WAY EAST, STE. 7 CHAMBERSBURG, PA 17201 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 plaintiff has knowledge who has any interest in the property which may be affected by the sale' NalIle Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 183 ZION ROAD NEW BURG, PA 17240 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 December 5, 2001 DATE 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 unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DATE: TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAI~ PROPERTY. OW ZR(S) WESLEY A. SWARTZ SHIELA D. SWARTZ PROPERTY: 183 ZION ROAD NEW BURG, PA 17240 Improvements: Residential Property CUMBERLAND COUNTY The above-captioned property is scheduled to be sold at the Sheriffs Sale on MARCH 6~ 200~2, at 10:00 a.m. in Cu_.._..mberland Court Courthouse South Hanover Street Carlisle PA. Our records indicate that you may hold a mortgage or judgment on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. LH SALE DATE: _M~CH 6, 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLA~ COUNTY, PENNSYLVANIA CIVIL ACTION- LAW WASHINGTON MUTUAL BANK, F.A. S/I/I TO BANK UNITED ' VS. WESLEY A. SWARTZ SHIELA D. SWARTZ No.- 01-1906 CIVIL _ ,, '.-" , . . ' ~,.~7-. !.' i~'!i, ,t-~ . '..~:...-~ ": ~ ( " ~ i._ [~'":' -' .', -.'." i~ . :' '~ E:---~'~--z..~- ~, -.' ~ '~ .... ~ . 7. 4 . ...7': ~t ..... : ..... · , ,.'i', '-' ...a :~...,..-, ~ ..~..... · .~ AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 183 ZION ROAD NEW BURG PA 17240. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.20) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Supplemental Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. · -.- ..., ...'..-_.ii'..~: ~:.-.~:._-.?-~ .... .--~. ~, ..... .:~.~ ~--~.:~ '., ~..,...,~-~.~,~. · February 26, 2002 Attorney for Plaintiff Washington Mutual Bank, F.A. s/i/i To Bank United VS Wesley A. Swartz and Shiela D. Swartz In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-1906 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. Sheriffs Costs: Docketing 30.00 Surcharge 30.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Share of Bills 24.20 Mileage 13.65 Levy 15.00 Advertising 15.00 Certified Mail 18.69 Poundage 15.65 Law Journal 349.10 Patriot News 270.30 $ 798.09 paid by attorney 3-08-02 Sworn and subscribed to before me So Answers: This 16t?dayof ?~,~ -- - - - R. Thomas Kline, Sheriff Prothonotary ~[al Est/at~ Deputy WASHINGTON MUTUAL BANK, F.A., S/I/I TO BANK UNITED Ye Plaintiff, WESLEY A. SWARTZ SHIELA D. SWARTZ Defendant(s). · · · · · · · · · · CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-1906 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) ..WASHINGTON MUTUAL BAN F.A. S/I/I TO B ,..Pl~ntiffin the above action, by re the t'raecipe for the Writ of Execution was filed the following information concerning the real property located at ,_1183 ZION ROAD NEW BURG PA 17240. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WESLEY A. SWARTZ SHIELA D. SWARTZ 183 ZION ROAD NEW BURG, PA 17240 183 ZION ROAD NEW BURG, PA 17240 2. Name and address of Defendant(s) in the judgment: WESLEY A. SWARTZ SHIELA D. SWARTZ 183 ZION ROAD NEW BURG, PA 17240 183 ZION ROAD NEW BURG, PA 17240 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 6f every mortgage of record' NfllTle Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL INC. 1752 LINCOLN WAY EAST, STE. 7 CHAMBERSBURG, PA 17201 5. Name and address of every other person who has any record lien on the property: NalIle 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. NalTle 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: Nanle Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 183 ZION ROAD NEW BURG, PA 17240 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 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 unswom falsification to authorities. December 5, 2001 4~ DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff WASHINGTON MUTUAL BANK, F.A., S/I/I TO BANK UNITED Plaintiff, WESLEY A. SWARTZ SHIELA D. SWARTZ Defendant(s). TO: WESLEY A. SWARTZ 183 ZION ROAD NEW BURG, PA 17240 CUMBERLAND COUNTY No. 01-1906 CIVIL December 5, 2001 SHIELA D. SWARTZ 183 ZION ROAD NEW BURG, PA 17240 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOTAND 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 183 ZION ROAD NEW BURG PA 17240 is scheduled to be sold at the Sheriffs Sale on MARCH 6~ 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 179~474.75_ obtained by (the mortgagee) against you. If the SheriW s sale is postponed, the property will be relisted for the JUNE 5, 2002 ShefiW s Sale. NOTICE OF OWNER'S RIGHTS YOU MAY B._.__~E ABLE T_Q_O PREVENT THIS SH. ERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action' e . 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.) 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 fight 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 fights 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 the following described real estate ly/ng and being situate in Hopewell Township CumberlandL....._..~ Count.,,:, Pennsylvania, bounded and limited as tbllows- . BEGINNING ar an iron pin on the easterly dedicated right of wa,,, of Township Road No-. 378 at comer of Lot No. 2 on a plan of lots hereinafter referred rd' thence by said Lot No. 2. South 71 ~-- degrees 35 minutes 58 seconds East 237.94 feet to an iron pin' thence' by the same. South 18 degrees 24 minutes 1 second West 230 feet to an iron pin on line of lan~.s now or forrnerty of Steve Elrarh: thence by said lands now or formerly of Steve Elrarh, North 70 degrees 33 minutes 27 seconds West 230 feet rd an iron pin on the'easterly dedicated right of way line of the aforementioned Township Road 378. thence by the easterly dedicated rizhi of wax, line of Township Road No. 378, North 18 dezrees 54 minutes ,[2 seconds l~ast *~5 64 feet to an iron pin the place of BEGINNING. " __ . " CONTAINING 1.250 acres and being Lot No. 1 on a plan of lots entitled "Mill Run Acres" prepared for William F. Lucas bv tassinger and Wolfe Survevors dared May 24 1977 and recorded in the Office of the Recorder of' Deeds of Cumberlan~i County, Pennsylvania, in Plan Book 30, Page 97. ' ' ' TOGETHER with all the Grantor's right, title and interest in and to that portion of the public road known as Township Road No. 378 lying between the front proper%, line of said Lot No. i herein conveyed, as shown on the aforementioned plan of lots, and the cemerline of said public road, which has been dedicated by the Grantor herein for road usage. TAX PARCEL #11-07-0491-012 and wife bv Deed from S & R Construction, A Wesley A. S warrz and Sheila D. Swan:z, husband ' Partnership, and having as Partners Robert Swartz and Walter Ritchey dated 5/15/97 and recorded 6/20/97 in Deed Book 159 Page 767. WRIT OF EXECUTION a0d/or ATTACHMENT ,. COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 01-1906 CIVIL Z~ TEI~ CIVIL ACTION - LAW TO THE SHERIFF OF CLa-~berland COUNTY' To satisfy the debt, interest and costs due Washin_gt_on Mutual Bank V.A. S/I/I to Bank United PLAINTIFF(S) from ......... ~l.ey A. Swartz Shiela D. Swar~z. 183 Zion Road: N~wh~wg: Pa? ]7240 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell 183 Zion Road, Newburq, Pa. 17240 (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/am enjoined from paying any debt to or for the account of the defendant(s) and lmm 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 po .ssession of any0ne other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined asabove staled. Amount Due $179,474.75 Frc~ 9/25/01 to 3/6/02 (per diem-29.50) Interest c ~ -~.7c~ nn Atty's Comm % Atty Paid $ 196.75 L.L. .SO .50 Due Prothy $1.00 Other .Costs Plaintiff Paid Date: December 10, 2001 REQUESTING PARTY' Curtis R. Lonq Prothonotary, Civil Division / / Deputy Name Frank ._Federman, Esq. One Penn Center at Suburban Station Address'16~, Jo¥~ F ...... =--~-"~ .... -~,-Suite 1400 · 1'%.1:=~1 il. i~---'q~.~V ~Jt.Z.L~:; v ~-- ~ Philadel~h-ia, P~. 19103-1814 ....... Attorney for: Telephone' Supreme Court ID No. REAL E.STATE SALE No. ~H On December 12, 2001, the sheriff levied upon the defendant's interest in the real property situated in Hopewell Township, Cumberland County, PA, known and numbered as 183 Zion Road, Newburg, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date' December 12, 2001 By: Real Estate Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow being duly sworn according to law, deposes and says: That he is the Asst. 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 P~tri0t-New~ and Tho Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 29th day(s) of January and the 5th and 12th day(s) of February 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 ~,~his 22nd d~~,f_~gl~uary 2002 A.D. S A L E #44 Notarial Seal REAL' F. STA~ SXL~: No. 44 Tarry L. Writ No..2001-1906 Harrisburg, Dauphin County CiVilTenn ' . : My Commission Expires June 6, 2002 N(~ARY PUBLIC Wa~.A..e~I/I llanhl.fWlx)n Mutuel Bank, k Unltal Member, Penflsy~vania Association oi N'ol'ates My commission expires June 6, 2002 Atty: Frank Federman DBSCRIFI'ION ALL the'followi~ described mai cate= lying aad beinl{ a'tuate i~ Hol~ll TownsMp., ', 'Cumberlaad Count~Pennsylvania, bounded and limit~l as folios: BBG~O at ~n iron pin on the essm'ly ,, dedimed right of way of Township Road No. , 378 si corner of Lot No.2 on a plan of lots lm'einaf~ referred to; thence by said Lot' No.2, South 71' degrees 35 minms 58 seconds smme, South 18 degas 24 minutes I semud now o~ fommty of Steve Blrath; theu~ by said · lauds now or formerly of $1~e g lrath, North 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 $ 268.80 $ 1.50 $ 270.30 70 de, F~ 33.rainum 27's~o~ W~st 230 Publisher's Receipt for Advertising Cost right~ toofaawayirOn ~onof ~tt=~tcrlyafommgatioacdd~li~ ., publisher of The Patriot-News and The. Sunday Patriot-News, newspapers of general ----~- ....-~ ..... ,.-,-~,.-~.-,-,,~,,je receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA ' SS. COUNTY OF CUMBERLAND ' Roger M. 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, Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. ~ ~TAT~ ~ NO. 44 Writ No. 2001-1906 Civil Washington Mutual Bank, F./~ s/i/i Bank United VS. Wesley P~ Swartz and Shiela D. Swartz Atty.: Frank Federman ALL the following described real estate lying and being situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and limited as follows: BEGINNING at an iron pin on the easterly dedicated right of way of Township Road No. 378 at corner of Lot No. 2 on a plan of lots herein- after referred W; thence by said Lot No. 2. South 71 degrees 35 min- utes 58 seconds East 237.94 feet to an iron pin; thence by the same, South 18 degrees 24 minutes 1 sec- -~~~o er M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 8 _day of FEBRUARY 2002 FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQU/RE IDENTIFICATiON NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PH/LADELPH/A, PA 19! 03-18 WASHINGTON MUTUAL BANK, FA S/FI BANK UN/TED VS. WESLEY A SWARTZ SHEILA D SWARTZ ATTORNEY FOR PLA/NT/FF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLA~ COUNTY No.. 01-1906 AFF/DAVIT I hereby certify that a tree and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to WESLEY A SWARTZ and SHEILA D SWARTZ on DECEMBER 5, 2001 at 183 ZION ROAD, NEWBURG, PA 17240, in accordance with the Order of Court dated June 29, 2001. I further certify that the mortgaged premises was published in the Cumber/and Law Journal on December 21, 2001, and that the mortgaged premises was posted by sheriff with the Notice of Sheriff's Sale on JANUARY 7, 2002, in accordance with the Court's Order. The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. s 4904 relating to unswom falsification to authorities. Date: ~ - ~tate of Pennsylvania, County of Cumberland. ~ori Saylor, Classified Advert/sing Manager of the Coun,,, ---. ,-- . general circul · · _ ., e~ng duly SWor .... of THE SE 188 · a?on m the Borough of C ' n, deposes an= sa s th NTINEL, ... J;~!nc.e. which date THE SENTI arhsle_, County. and State aforesy id awt THE SENTINEL, a newspaper of ,.- Purmcatmn attached ~,-.-.- ,_ NEL has been regularly iso . _.a , as. estabhshecl Dec issues of THK e=~,~.,.._.''='=~ ~s exactly the s _ - .-Ued m smd Coun _ _ e. mber 13th, .... · -~,~-~r~cL on the followi ame,as was pnnted and ublis ty,.and th_at the pnnted notice ng dates, v~z P hed ~n the regular editions and Copy.of Notice of.Publication Affiant further deposes that he is not intere the subject matter of ,k.. _. ..... sted in · ,,= =~oresaJc~ notice or advertisement, and that all allegations in th foregoing statement -- o- .-._ . e -o ~u -me, place and character of publication are true. December 19, 2001 day of to and subscribed before me this 19th December -- ~------------, 2001. Notary P u---~ -c commission expires: SHIRLEY O. DURNIN, Notary_ Public Carlisle Boro., Cumberland County __ My Commi.ssion Expires. Aug. 9; 2003 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 · SS. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law $oumal, 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 Sanuary 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 $oumal on the following dates, Viz DECEMBER 21 2001 --- Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are SWORN TO AND SUBSCRIBED before me this ~ 21 _day of DECEMBER 2001 CUMBERIAND IAW JOURNAL NOTICE OF ACTION IN MORTOAGE FORECI, OS~ In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action--Law No. 99-5429 Civil WASHINGTON MUTUAL BANK, F.A., S/I/I TO BANK UNITED, PLAINTIFF VS. WESLEY A. SWARTZ and SHIELA D. SWARTZ, DEFENDANTS NOTICE TO: WESLEY ~ SWARTZ & SHIELA D. SWARTZ NOTICE OF SHERIFF'S SALE OF RE~ PROPER'I'/ TAKE NOTICE that the real es- tate located at 183 ZION ROAD, NEW BURG, PA 17240, is scheduled to be sold at Sheriffs Sale on Wed- nesday, MARCH 6, 2002 at 10:00 A.M., in the Cumberland County Courthouse, South Hanover Street,. Carlisle, PA 17013, to enforce the court judgment of $179,474.75, obtained by WASHINGTON MU- TUAL BANK, F.A., S/I/I TO BANK UNITED (the mortgagee}.' ProP. sit. in the Twp. of Hopewell beg. At an iron pin on the E. dedi- cated right of way Township Road No. 378 at comer of Lot 2. Front: 230 ft. Depth: 225.64 ft. Being Premises: 183 ZION ROAD, NEW BURG, PA 17240. Improvements consist of residen- tial property. Sold as the property of WES~Y ,~ SWARTZ & SHIELA D. SWARTZ. TERMS OF SALE: The purchaser at sale must pay 10% of the amount of his/her bid on the day of sale; the remaining balance is to be paid no later than the Friday following the Sheriff's Sale. If complied with, a deed will be tendered by the Sher- iff at the next ~available Court of Com- mon Pleas for Cumberland County conveying to the purchaser ail the right, title, interest and claim which the said defendant has in and to the said property at the time of levy- ing the same. If the above condi- tions are not complied with on the behalf of the purchaser, the prop- erty will again be offered for sale by the Sheriff within thirty days of the original sale. The said purchaser will be held liable for the deficiencies and additional cost of said sale. TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff on 4/8/02, distribution will be made in accordance with the schedule unless exceptions are filed. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Suite 1400 One Penn Center at Suburban Station Phil__adelphia, PA 19102 (215) 563-7000 Dec. 21 7160 3901 ~.~; ;~?~0~ 4761 TO: SHIELA D. SWARTZ 183 ZION ROAD NEW BURG, PA 17240 7160 3901 98- 4754 TO: WESLEY A. SWARTZ 183 ZION ROAD NEW BURG, PA 17240 SENDER: JPG REFERENCE: SALES (6162995978) SENDER: JPG REFERENCE: SALES (6162995978) PS Form 3800, June 2000 RETURN RECEIPT SERVICE Postage Certified Fee Retum Receipt F~ Restricted Delivery Total Postage & Fees .t4 2.10 1.50 3.20 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mail POSTMAR~ OR DATE \, ,. PS Form 3800, June 2000 RETURN RECEIPT SERVICE US Postal Service Receipt for Certified Mail No Insurance Coverage Provided [30 Not Use for International Mail Postage Certified Fee 2.10 Return Receipt Fee 1.50 Restdc'~ed Deliver; , 3.20 . Total Postage & Fees 'r?.'~ ,. POSTMARK OR DATE ¢~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-1906 Civil COUNTY OF CUMBERLAND) CIVIL ACTION- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A. S/I/I TO BANK UNITED Plaintiff (s) From WESLEY A. AND SHEILA D. SWARTZ, 183 ZION ROAD, NEWBURG, PA 17240 (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 $179,474.75 L.L. Interest FROM 9/27/01 - 3/3/04 (PER DIEM - $29.50) = $26,225.50 Atty's Corem % Due Prothy $1.00 Atty Paid $1,007.34 Other Costs Plaintiff Paid Date: 10/22/03 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE CURTIS R. LONG Prothonotary By: pO,:_-ff/~~d~~~ep~ty / Address: ONE PENN CENTER AT SUBURBAN STATION, 1617 JOHN F. KENNEDY BLVD, SUITE 1400, PHILADELPHIA, PA 19103-1814 Attorney for: WASHINGTON MUTUAL BANK, F.A., S/IfI TO BANK UNITED Telephone: (215) 563-7000 Supreme Court ID No. 12248 PRAECIPE FOR WRIT OF EXECUTION- (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WASHINGTON MUTUAL BANK, F.A., S/I/I TO BANK UNITED Plaintiff, V. WESLEY A. SWARTZ SHIELA D. SWARTZ Defendant(s). No. 2001-01906 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 9/27/01-3/3/04 (per diem-$29.50) TOTAL $179,474.75 $26,225.50 and Costs $205,700.25 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. ALL the following described real estate lying and being situate in Hopewell Township, Cumberland.,....--..---- County, Pennsylvania, bounded and limited as follows' BEGINNING at an iron pin on the easterly dedicated right of way of Township Road No. 378 at comer of Lot No. 2 on a plan of lots hereinafter referred to; thence by said Lot No. 2, South 71 ~~- degrees 35 minutes 58 seconds East 237.94 feet to an iron pin; thence by the same. South 18 degrees 24 minutes 1 second West 230 feet to an iron pin on line of lands now or formerly of Steve Elrath' thence by said lands now or formerly of Steve Elrath, North 70 degrees 33 minutes 27 seconds West 230 feet to an iron pin on the easterly dedicated right of way line of the aforementioned Township Road 378; thence by the easterly dedicated right of way line of Township Road No. 378, North 18 degrees 54 minutes 42 seconds East 225.64 feet to an iron pin, the place of BEGINNING. CONTAINING 1.250 acres and being Lot No. 1 on a plan of lots entitled "Mill Run Acres" / prepared for William F. Lucas by Kissinger and Wolfe, Surveyors, dated May 24, 1977, and recorded in the Office of the Recorder of' Deeds of Cumberland County, Pennsylvania, in Plan Book 30, Page 97. TOGETHER with all the Grantor's right, title and interest in and to that portion of the public road known as Township Road No. 378 lying between the front property, line of said Lot No. 1 herein conveyed, as shown on the aforementioned plan of lots, and the centerline of said public road, which has been dedicated by the Grantor herein for road usage. TAX PARCEL # 11-07-0491-012 TITLE TO SAID P..REM!SES IS VESTED IN Wesley A. Swartz and Sheila D. Swartz, husband and wife by Deed from S & R Construction, A Partnership, and having as Partners Robert Swartz and Walter Ritchey dated 5/15/97 and recorded 6/20/97 in Deed Book 159 Page 767. ALL the following described real estate lying and being situate in Hopewell Township, Cumberland......--~ County, Pennsylvania, bounded and limited as follows' BEGINNING a~ an iron pin on the easterly dedicated right of way of Township Road No. 378 at comer of Lot No. 2 on a plan of lots hereinafter referred to; thence b' said L . . egrees _35 m!nutes 58 seconds East 237.94 feet to an iron ~i,~-~h,~,~,~Y~.-.-~-- ot No.~2, $ 71 ~-- ~e~rees~4 . ., . . . y same, :~out;t~t8h ~. - m~nutes 1 second West 2o0 teet to an xron p~n on line of lands now or formerly of Steve Elrath; thence by said lands now or formerly of Steve Elrath, North 70 degrees 33 minutes 27 seconds West 230 feet to an iron pin on the easterly dedicated right of way line of the aforementioned Township Road 378; thence bv the easterlv dedicated right of way line of Township Road No. 378, North 18 degrees 54 minutes '~2 seconds l~ast 225 64 feet to an iron pin, the place of BEGINNING. ~ · CONTAINING 1.250 acres and being Lot No. 1 on a plan of lots entitled "Mill Run Acres" ,.//~'- prepared for William F. Lucas by Kissinger and Wolfe, Surveyors, dated May 24, 1977, and recorded in the Office of the Recorder of Deeds of Cumberland County Pem4sylvania, in Plan Book 30, Page 97. , TOGETHER with all the Grantor's right, title and interest in and to that portion of the public road known as Township Road No. 378 lying between the front propert? line of said Lot No. I herein conveyed, as shown on the aforementioned plan of lots, and the centerline of said public road which has been dedicated by the Grantor herein for road usage. ' TAX PARCEL #11-07-0491-012 T~ITLE TO SAID PR~MISES IS VESTED IN Wesley A. Swartz and Sheila D. Swartz, husband and wife by Deed from S & R Construction, & Partnership, and having as Partners Robert Swartz and Walter Ritchey dated 5/15/97 and recorded 6/20/97 in Deed Book 159 Page 767. 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 WASHINGTON MUTUAL BANK, F.A., S/I/I TO BANK UNITED Vo Plaintiff, WESLEY A. SWARTZ SHIELA D. SWARTZ Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2001-01906 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: 0 an FHA mortgage () non-owner occupied ( ) vacant (x) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff WASHINGTON MUTUAL BANK, F.A., S/I/I TO BANK UNITED Ve Plaintiff, WESLEY A. SWARTZ SIIIELA D. SWARTZ Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2001-01906 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WASHINGTON MUTUAL BANI~ F.A, S/I/I TO BANK UNITED, 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~183 ZION ROAD~ NEW BURG~ PA 17240. 1. Name and address of Owner(s) or reputed Owner(s)' Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WESLEY A. SWARTZ 183 ZION ROAD NEW BURG, PA 17240 SHIELA D. SWARTZ 183 ZION ROAD NEW BURG, PA 17240 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name 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: NalTle Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL INC. 1752 LINCOLN WAY EAST, SUITE 7 CHAMBERSBURG, PA 17201 5. Name and address of every other person who has any record lien on the property: Sallie 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. SalTle 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: Sallie Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 183 ZION ROAD NEW BURG, PA 17240 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 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 unswom falsification to authorities. October 20, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff WASHINGTON MUTUAL BANK, F.A., S/I/I TO BANK UNITED Plaintiff, V. WESLEY A. SWARTZ SItIELA D. SWARTZ Defendant(s). TO' WESLEY A. SWARTZ 183 ZION ROAD NEW BURG, PA 17240 CUMBERLAND COUNTY No. 2001-01906 October 20, 2003 SHIELA D. SWARTZ 183 ZION ROAD NEW BURG, PA 17240 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA YE PREVIOUSLY RECEIVED A DISCHARGE IN BANKR UPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN,4 TTEMPT TO COLLECT,4 DEBT, B UT ONLY ENFOR CEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at ~ 183 ZION ROAD, NEW BURG~ PA 17240~is scheduled to be sold at the Sheriffs Sale on MARCH 3~ 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to ehforce the court judgment of $179~474.75. obtained by /I/I TO BANK UNITED (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'. 0 . 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 fights. 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.) 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling £215) 563-7000. 2. You 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 fight 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 the following described real estate lying and being situate in Hopewell Township, Cumberland.--~ County, Pennsylvania, bounded and limited as follows' BEGINNING at an iron pin on the easterly dedicated right of way of Township Road No. 378 at corner of Lot No. 2 on a plan of lots hereinafter referred to; thence by said Lot No. 2, South 71 ~ degrees 35 minutes 58 seconds East 237.94 feet to an iron pin; thence by the same, South 18 degrees 24 minutes 1 second West ,..~0 feet to an iron pin on line of lands now or formerly of Steve Elrath' thence by said lands now or formerly of Steve Elrarh, North 70 degrees 33 minutes 27 seconds West 230 feet to an iron pin on the easterly dedicated right of' way line of the aforementioned Township Road 378; thence by the easterly dedicated right of way line of Township Road No. 378, North 18 degrees 54 minutes 4'2 seconds East 225.64 feet to an iron pin, the place of BEGINNING. CONTAINING 1.250 acres and being Lot No. 1 on a plan of lots entitled "Mill Run Acres" e...-'''~ prepared for William F. Lucas by Kissinger and Wolfe, Surveyors, dated May 24, 1977, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 30, Page 97. TOGETHER with all the Grantor's right, title and interest in and to that portion of the public road known as Township Road No. 378 lying between the front property, line of said Lot No. 1 herein conveyed, as shown on the aforementioned plan of lots, and the centerline of said public road, which has been dedicated by the Gramor herein for road usage. TAX PARCEL #11-07-0491-012 TITLE TO SAID PREMISES IS VESTED IN Wesley A. Swartz and Sheila D. Swartz, husband and wife by Deed from s & R Construction, A Partnership, and having as Partners Robert Swartz and Walter Ritchey dated 5/15/97 and recorded 6/20/97 in Deed Book 159 Page 767. gOOUOUOI I-O ~8 'I-66f. 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'~JnoD jo Jopso le!oods ol ;uenssnd oo!MoS Joj uo!loIAI s,Jj!lU!eld jo uo!lmop!suo~ uodn 'I00i~ 'ounf jo .gep q6i~ s!ql 'AkON ONV £~OD ciO ~IHCl~O INBHZ ']lAID 906I-I0 'ON AkVq- NOI£DV qlAID VINVArlXSNN3d 'XJ~NflOD GNVq~:AitlNflD ,_40 SV~tqd.NOININOD AO J~~OD HH& NI sluepuojoO 'Z£BV/VtS '(2I VqHIHS Z£BVRiS 'V X~IqSH~ 'A JJ!lUWld 'CI~I£INfl )INVH I/US 'V',.4 ')INVH qVfl&BlNI NO.LD~HSVM AFFIDAVIT OF SERVICE PLAINTIFF WASHINGTON MUTUAL BANK, F.A., S/I/I TO BANK UNITED CUMBERLAND COUNTY No. GD 2001-01906 WESLEY A. SWARTZ SHIELA D. SWARTZ Type of Action - Notice of Sheriff's Sale SERVE AT 183 ZION ROAD Sale Date: MARCH 3, 2004 NEW BURG, PA 17240 **Please post the Property with the Notice of Sale** SERVED Served andmade known to ~.~$ ~'~ j~ ~'~'~'~"'~. Defendant, the / · , , on day of O~ce~°e~', 200~, at 4~,~ ,o'clock 4.m., at ] Commonwealth of Permsylvania, 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. ~n officer of sai,d Defe~dant(s)'s company. Description: Age Height ~ Weight ~ Race ~ Sex~ Other I, Cl~,t~oce. ]-~. ~t~~/'~acompetentadult, being duly swom according to law, deposeand state that I personally posted a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address Sworn to and subscribed before me t.his ] ! ~b day of I~e~~a~ , 200~. . Not~try~...~t4A~ ~~,. By NOT SERVED ***ATTEMPT SERVICE NLT THREE (3) TIMES*** On the day of ,200m, at~ FOUND because: o'clock m.m., Defendant NOT Moved Unknown No Answer Vacant Other: 1 st attempt Date & Time ., 2nd attempt ,3rd attempt Date & Time Date & Time Sworn to and subscribed before me this~ day of ,200 _. Notary: By: Loan #6162995978 Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station- Suite 1400 Philadelphia, PA 19103 (215) 563-7000 · AFFIDAVIT OF SERVICE PLAINTIFF WASHINGTON MUTUAL BANK, F.A., S/I/I TO BANK UNITED CUMBERLAND COUNTY No. GD 2001-01906 DEFENDANT (S) WESLEY A. SWARTZ SHIELA D. SWARTZ Type of Action - Notice of Sheriff's Sale SERVE AT 183 ZION ROAD NEW BURG, PA 17240 **Please post the Property with the Notice of Sale** SERVED Served and made known to ~~ ;~/& ~. ~"t~a~~ ,Defendant, onthe of ~f)~c.~ ~~Y 200~, at ~.'$~ o'clock ~.m. at / ~>,.~ Z~'t~J K~., - ~,/. - , , Commonwealth of Pennsylvania, in the manner described below: Sale Date: MARCH 3, 2004 day Sworn to and subscribed bef. gr~e me fi]is //d'~ day of L~r e~!~; ~ 200.3. Notary:,.........._..~. ~ ~,_.~..~ :'&..~~~ ~Deibndant 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. alt,officer of s~aid Defendant(s)'s company. Description: Age Height Weight Race Sex Other I, 4~,rn.~c,q.. [-.. C~e~:~, ~, ~J'~,a competent adult, being duly sworn according to law, depose and state that I personally posted ~i true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indic · L~.:~,:~: .... ~;i~,"-" '.."..,"'.':~ ",~";'~._ ' '~ ~' "-~'~'~'~-- III ~_._ By: N ***ATTEMPT SERVICE NLT THREE (3) TIMES*** On the day of ,200w, at~ FOUND because: o'clock w.m., Defendant NOT Moved Unknown ~ No Answer Vacant Other: 1 st attempt Date & Time ,2nd attempt ,3rd attempt Date & Time Date & Time Sworn to and subscribed before me this~ day of ,200 _. Notary: By: Loan #6162995978 Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station- Suite 1400 Philadelphia, PA 19103 (215) 563-7000 State of Pennsylvania, County of Cumberland. PROOF OF PUBLICATION Rich Canazaro, Internet Director .of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication NOTICE. OF ACTION IN MOI:IT~. · &-GE FO-------~ECLOSUFiE __ _IN THE COURT,'OF COIIIIOIII'PLEAS "' '. OF CUMBERLAND COUNTY; PENNSYLVANIA" CIVIL ACTION - LAW 'NO. 01-'1'906 ' " ,. WASHINGTON MUTUAL BANK, F.A., .S/Fl..TO BANK ~. UNITED, PLAINTIFF vs. " , WESLEY A. 8wARTZ and' SHILLA' D. SWAR.TZ, DEFENDANTS T.O: W~SL~ ^..~W^.TZ SHIELA D. SWARTZ "NOTICE oF SHERIFF'S SALE OF REAL PRopERTY" ' TAKE-NOTICE that the real estate located.at 183 ZION _Rp~A~O,..N.E _WB.U RG, PA 17240 is sc~. ,ulK! tO be'SOld · ,_._-,-'.._' .' · .-... e uu_m.berland COUnty. CeulthOuse, ooum,rlanover ~Ireet, carlisle, PA 1701..3 to enforce · -,'~n.~l~, IJl~i MU/UAL BANK, F:A., S/I/I TO BANK UNITED, AS ATTORNEY IN FACT (the mortgagee). Prop. sit. in the Hopewell ToWnship, Cumberland County, Pennsylvania ' ' ' · '... -~.P~e~ ~-8~ Z~O'N ROAD, NEWaU~e,'. PA 17240 ' · . ImProvements consist of reelderttial prophetiC. so~a a" m.e property o~ WESLEY ~. sW^R.TZ' AND SHIELA D. SWARTZ. - ' . Terms of Sale: 'As the auctioneer knocks down a proPerty to a successful bidder,'ten (10%.}. " ,, .i~...ant of t. he purchase price or all costs, whichever ~s higher, shall be delivered tO the Sheriff and, upon defaultlOf such'Payment, the ' successful bid shall be paid to the Shellff not' later than Friday, MARCH, 19, 2003 at 12:00. P.M., prevailing time. Otherwise, .all monies paid will be forfeited and the proPerty will be m-eQkl on ' MARCH 24, 21103 at 10:00 A.l~l;,.prevalling time in the Office ofthe Sheriff..' · .. · . TAKE NOTICE that a ~eheduie of Distrroutlon will be filed by the Sheriff, on APRIL 2, ~ and,dbtribution Will be made in accordance. With the schedule unless expectations are filed thereto within ten (10) days thereafter. . . Frank Federman, Esquire 1Suite 1400~.One Penn Center 617 John F. Kennedy {~oulevard Phillli~liir~hla, 'PA 19T03;'1814 ........................................... (215) 563-37000 ~ ~ Attorney for Plaintiff ' December 17, 2003 Affiant further deposes that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statemen~~ to time, place and character of p ' · December 18, 2003 Sworn to and subscribed before me this day ~=r, 2003 18TH y Public My commission expires:..,'~..:' :".-'i,',L S~A~-- ....... .i). "' :"'"'~ "' '"-.'~ :.:..~" Fo_, ,, ~-'~-. '" ~-.-'., CumberJand C~:. 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 · SS. Lisa Marie Coyne, 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, Viz December 19, 2003 Affiant fimher deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and tl~at he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWOI TO AND SUBSCRIBED before me this _ 19_day of DECEMBER 2003 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action--Law NO. 01-1906 WASHINGTON MUTUAL BANK, F.A. S/I/I TO BANK UNITED, PLANTIFF VS. WESLEY A. SWARTZ and SHEILA D. SWARTZ, DEFENDANTS NOTICE TO: WESLEY A. SWARTZ and SHIELA D. SWARTZ NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TAKE NOTICE that the real es- tate located at: 183 ZION ROAD, NEWBURG, PA 17240 is scheduled to be sold at Sheriff's Sale on WEDNESDAY, MARCH 3, 2003 AT 10:00 A.M. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to en- force the court judgment of 179,474.75, obtained by WASHING- TON MUTUAL BANK, F.A., S/I/I TO BANK UNITED, AS ATTORNEY IN FACT (the mortgagee). Prop. sit. in the Hopewell Town- ship, Cumberland County, Pennsyl- vania. Being Premises: 183 ZION ROAD, NEWBURG, PA 17240. Improvements consist of residen- tial property. Sold as the property of WESLEY A. SWARTZ AND SHIELA D. SWARTZ. Terms of Sale: As the auctioneer knocks down a property to a suc- cessful bidder, ten (10%) per cent of the purchase price or all costs, whichever is higher, shall be deliv- ered to the Sheriff and, upon de- fault of such payment, the Sheriff shall direct the auctioneer to resell the property. In all cases, the bal- ance of the successful bid shall be paid to the Sheriff not later than Fri- day, MARCH 19, 2003 at 12:00 P.M., prevailing time. Otherwise, all monies paid will be forfeited and the property will be re-sold on MARCH 24, 2003 at 10:00 A.M., prevailing time in the Office of the Sheriff. TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff on APRIL 2, 2003 and dis- tribution will be made in accordance with the schedule unless expecta- tions are filed thereto within ten (10) days thereafter. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Suite ! 400 One Penn Center !617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Dec. 19 FEDERMAN AND PHELAN BY: FRANK FEDERMAN IDENTIFICATION NO. 12248 SUITE 1400 - ONE PENN CENTER PHILADELPHIA, PA 19103 215) 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, F.A., S/I/I TO BANK UNITED VS. WESLEY A. SWARTZ SHIELA D. SWARTZ CUMBERLAND COUNTY COURT OF COMMON PLEAS CIV1L DMSION NO. 2001-01906 yERIFICATION I hereby certify that a true and correct copy of the Notice of Sheriffs Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to the following person(s) WESLEY A. SWARTZ and SHIELA D. SWARTZ on OCTOBER 21~ 2003 at 183 ZION ROAD, NEW BURG, PA 17240, in accordance with the Order of Court dated, Jl YNE 29_ The undersigned understands that this statement is made subject to the penalties of 18 PA. C.S. s4904 relating to unswom falsificaton to authorities. ERMAN, ESQ ATTORNEY FOR PLAINTIFF DATE: January 7, 2004 WASHINGTON MUTUAL BANK, F.A. S/I/I BANK UNITED, Plaintiff WESLEY A. SWARTZ SHIELA D. SWARTZ, Defendants IN THE COURT OF COMMON'PLEAS OF CUMBERLAND COUNTY, PENNS~VANIA CIVIL ACTION-LAW NO. 01-1906-'CIVIL TERM __ORDER OF.COURT AND NOW, this 29~ day of June, 2001, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is ordered and directed that Plaintiff . may obtain service of the complaint on the above-captioned Defendants, WeSley A. Swartz and Shiela D, .Swartz, by (1) mailing a true and correct copy of the complaint by certified'mail and regUlar '-mail to Defendants' last known address and the mortgaged premises at 183..Zion Road, Newburg' PA 17240, '(2) publication once in the Cumberland Law Journal and in a newspaper of general circulation in Cumberland County, Pennsylvania, and (3) posting upon the mortgaged premises. '.'~e M. Bradford, Esq. ~/1617 John F.' 'Kennedy Blvd. Suite...1.400-. Philadelphia' PA 191'03' 18'14' Attorney for Plaintiff .. BY THE COURT, yO r, 71M] 3901 984.4 4121 2486 WESLEY A. SWARTZ 183 ZION ROAD · NEWBURG, PA 17240 SENDER: TEAM 2 SPL REFERENCE: TO: SENDER: REFERENCE: 7160 3~D1 9844 4121 2479 .................... .. SHIELA D. SWARTz 183 ZION ROAD.. NEWBURG, PA 17240 TEAM 2 SPL & Fees US Postal Service Receipt for. Certified Mad PS Form 3800 June 2000 RETURN [ Postage .37 -- RECEIPT ~Cer~fied Fcc 2.30 _ i~ SERVICE ~-~ .- ~_ ....... peturn R~:?ip.! Fee 0.00 FRestricted Delivery 0.00 RETURN RECEIPT Total Postage & Fees SEFIVICE Fee ' US Postal Service Receipt for · · · Certmfmed Maml " No Insurance Coverage Provided . Do Not Use for International Mail ............... .................................. · - " J No Insurance Cbverage Provided I Do Not Use for International Mail .............................. Fee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGrON MUTUAL BANK, F.A., S/I/I TO BANK UNITED VS. WESLEY A. SWARTZ SHIELA D. SWARTZ ) CIVIL ACTION ) CIVIL DIVISION NO. 2001-01906 AFFIDAVIT OF SERVICE PURSUANT TO RUI~E 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS' I, FRANK FEDERMAN, ESQUIRE attorney for WASHINGTON MUTUAL BANI~ F.A., S/Ill TO BANK UNITED hereby verify that on October 21, 2003 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. DATE: January 26, 2004 P~-i~EDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 ~7000 WASHINGTON MUTUAL BANK, F.A., S/I/I TO BANK UNITED 3200 SOUTHWEST FREEWAY HOUSTON, TX 77027 Plaintiff VS. WESLEY A. SWARTZ SHIELA D. SWARTZ 183 ZION ROAD NEW BURG, PA 17240 Defendant(s) Attorney for Plaintiff · CUMBERLAND COUNTY · COURT OF COMMON PLEAS · CIVIL DIVISION · NO. 01-1906 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiff and against ~WESLEY A. SWARTZ and SHIELA D. SWARTZ, Defendant(s), for failure to file an Answer to Plaintiff's Complaint - within 20 days from service thereof and for foreclosure and sale oft he mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest 3/1/01 to 9/25/01 TOTAL $170,983.08 $8,491.67 $179,474.75 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rule 237.1, copy attached. Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE. ~')~_~v-J- ~/~ D~G I ' **THIS FIRM IS A DEBT COLLECTOR ATYEMPTING 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 ATYEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** 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 WASHINGTON MUTUAL BANK, F.A., S/I / I TO BANK UNITED Plaintiff vs. WESLEY A. SWARTZ SHIELA D. SWARTZ : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : N0.01-1906 CIVIL Defendant TO: SHIELA D. SWARTZ 183 ZION ROAD NEW BURG, PA 17240 DATE OF NOTICE .- SEPTEMBER 14,2001 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 NOTICm. You are in default because you have failed enter a written appearance personally or by attorney and file in writin~ with the court your defenses or objections to the claims set forth a~ainst you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered a~ainst you without a hearin~ 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, ~o to or telephone the followin~ office to find out where you can ~et legal help- CUMBERLAND COUNTY CUMBERL~ COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esqui-~ Attorney for Plaintiff FEDE~ ~D PHEW, 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 WASHINGTON MUTUAL BANK, F.A. S/I / I TO BANK UNITED ' Plaintiff VS. WESLEY A. SWARTZ SHIELA D. SWARTZ ATTORNEY FOR PLAINTIFF · COURT OF COMMON PLEAS · CIVIL DIVISION · CUMBER~ COUNTY · NO. 01-1906 CIVIL Defendant TO: WESLEY A. SWARTZ 183 ZION ROAD NEW BURG, PA 17240 F IL E COP' DATE OF NOTICE: SEPT~EMBER 14 2001 THIS FIRM IS A DEBT COLLECTO THIS NOTICE IS __ R ATTEMPTING TO COLLECT A DEBT. IND SENT TO YOu IN AN _ EBTEDNESS REFE _ ATTEMPT TO COLLECT THE FROM YOU W T~ ~_ ~._R~_~D TO HEREIN, AND ANY INFORMATION OBTAINED I~ ~ OSED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN 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 writin~ court your defenses or ob'ec ' you. Unless ,-o ........ ? tlons to the c]=~ ...... with the · ~m~n~U~ ~l~l~_~en (10)days ~;~t~E=~rth_against ~O~lce, a Jud a and o z ~nuered · u~ne o~ thi y u may lose o a~a~nst ou · s shoulH ~=u^ ~,_. Y ur property o~ ~ .... Y w~thout a hear~~ lawyer or cannot afford one, 9o to or telephone the following · ~ u uo not have a office to find out where you can get legal help. CUMBE~~ COUNTY CUMBERLAND COUNTY BAR ASSOCIAI]ON 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff (Rule of Civil Procedure No. 236 - Revised) WASHINGTON MUTUAL BANK, F.A., S/I/I TO BANK UNITED · CUMBERLAND COUNTY · Court of Common Pleas Plaintiff · · CIVIL DIVISION · NO. 01-1906 Defendant(s) · VS. WESLEY A. SWARTZ SHIELA D. SWARTZ Notice is given that a Judgment in the above captioned matter has been entered against you on SEPTEMBER ~/,,,, ~ 2001. If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attorney for Filing Party One Penn Center at Suburban Station 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 IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** · · 'i · . FEDERMANAND PHELAN, LLP- by: Daniel G. Schmie~, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Washington Mutual Bank, F.A. S/I/I To Bank United ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY · COURT OF COMMON PLEAS vs. Wesley A. Swartz Shiela D. Swartz : CIVIL DIVISION · NO. 01-1906 CIVIL PRAECIPE FOR RULE TO SHOW CAUSE TO THE PROTHONOTARY: Kindly enter a Rule upon Wesley A. Swartz shiela D. Swartz, 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. Schmie~, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Washington Mutual Bank, F.A. S/I/I To Bank United : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. Wesley A. Swartz Shiela D. Swartz : CIVIL DIVISION · NO. 01-1906 CIVIL AND NOW, this ~"~day of ~ ~~.,~ , 2004, a Rule is entered upon Wesley A. Swartz Shiela D. Swartz, Defendant (s) to show cause why the attached Order for Reassessment of Damages should not be entered. RULE RETURNABLE thi~ d~y cf _ _, _ 2 ~ ~-. ~ BY THE COURT: FEDERMANAND PHELAN, LLP. by: Daniel G. Schmie~, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Washington Mutual Bank, F.A. S/I/I To Bank United vs. Wesley A. Swartz Shiela D. Swartz ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 01-1906 CIVIL ORDER AND NOW, this day of , 2004, the Prothonotary is ORDERED to reassess the damages in this case as follows: Principal Balance Interest Amount July 1, 2000 through May 5, 2004 Late Char~es Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspect ions/Other Appraisal Fees Escrow Credit Deficit 154,765.17 39,396.85 5,095.28 1,500.00 3,420.91 789.09 199.95 410.00 0.00 2,238.64 TOTAL $207 , 814.89 Plus interest per diem from May 5, 2004 through Date of Sale at six (6%) percent. NOTE: THE ABOVE FIGURE IS NOT A PAY OFF - SHERIFF'S SALE COSTS AND COMMISSION ARE NOT INCLUDED IN THE ABOVE FIGURES. BY THE COURT: J, FEDERMAN AND PHELAN, LLP- by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Washington Mutual Bank, F.A. S/I/I To Bank United vs. Wesley A. Swartz Shiela D. Swartz ATTORNEY FOR PLAINTIFF · CUMBERLAND COUNTY · COURT OF COMMON PLEAS · CIVIL DIVISION : NO. 01-1906 CIVIL AFFIDAVIT OF SERVICE Daniel G. schmie~, Esquire, hereby certifies that a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on M_arch 10, 200~4. Wesley A. Swartz Shiela D. Swartz 183 zion Road, New Burg, PA 17240 DATE: March 10, 2004 Attorney for Plaintiff FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmie~, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Washington Mutual Bank, F.A. S/I/I To Bank United · CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. Wesley A. Swartz : CIVIL DIVISION Shiela D. Swartz · NO. 01-1906 CIVIL PLAINTIFF' S PETITION FOR REASSESSMENT OF DAMAGES Plaintiff, by its Attorney, Federman and Phelan, LLP and 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. This is an action in Mortgage Foreclosure in which Judgment was entered September 26, 2001 in the amount of 179,474.75. 2. A Sheriff,s Sale of the mortgaged premises was postponed or stayed for the following reasons: The Defendant(s) filed a Chapter 13 Bankruptcy 02- 00948-RJW on February 22, 2002. The relief by order of court dated September 12, 2003. 3. The mortgaged premises are listed for Sheriff,s Sale on May 5, 2004. 4. Additional sums have been incurred or expended on Defendant(s), behalf during the time the sale was postponed or stayed, and Defendant(s) have been given credit for any payments that have been made since the judgment, if any. As a result, the amount of damages should now read as follows: Principal Balance Interest Amount July 1, 2000 through May 5 2004 Late Char~es , Legal fees Cost of Suit and Title Sheriff,s Sale Costs Inspections/Other ApPraisal Fees Escrow Credit Deficit TOTAL 154,765.17 39,396.85 5,095.28 1,500.00 3,420.91 789.09 199.95 410.00 0.00 2,238.64 $207,814.89 5. Under the terms of the mortgage, which mortgage is recorded in the Office of the Recorder of Deeds in Book (#1497), Page (#204), Plaintiff is entitled to judgement in the amount as set forth in paragraph four herein against the Defendant(s). WHEREFORE, Plaintiff respectfully requests this Honorable Court issue an Order to the Prothonotary to reassess the damages as set forth above. By: __ ' ' Daniel -2- FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmie~, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Washington Mutual Bank, F.A. S/I/I To Bank United vs. Wesley A. Swartz Shiela D. Swartz ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 01-1906 CIVIL ..BRIEF OF LAW IN SUPPORT OF .PLAINTIFF' S MOTION TO R~ASSESS 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. ARGUMENT FOR REASSESS~NT OF D~_~GE~ 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 Judgment was subsequently entered by the Court, and the subject property is scheduled for Sheriff's Sale. I. ~ACKGROUND 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. 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 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 (1971) . Plaintiff submits that if Plaintiff went to sale without reassessing damages, and if there was competitive bidding for the subject premises, Plaintiff would suffer irreparable harm in that it would not be able to recoup monies it paid to protect its interest. Conversely, a reassessment of damages 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 826 (1939). Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 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 /ts Pet/t/on 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 /ts collateral. WHEREFORE, Plaintiff respectfully requests this Honorable Court to reassess the damages as set forth in the Petition to Reassess Damages. By ' ' ' au=orney ~or Plaintiff . . o - . .. .-. .: ...-- . · -' - . .. · . .. . ...v.~.: · . . . · ~ · . . . "-'~.o~'~:-'..'"':'"":'-': - -'"" ' ' ' - -a.OS-~ '-'~--.-~.-.-': .'.' - "-.... -" ':..--;.'.!r..:~-~. S~.. 'i'i'-l:~: · - ~ ... . . . -. . . . . -' ...' .- .-" . .. .. · . .-- . . -. · . . .... . - · . · . . -. - .... .. . . . ..- .. - ..... ' ~. . . .: .... " -- ~ -_E:, ':'"~e:-a, N~.~ona ~ ,-s.c..-.~fg... ~qe · ~.s'.'.~ia..t:.~a~.,.~.-°e.t~£~.,~on f==.. Recons-~le=~ =_ion ~unc e=¢ ~4n¢. -.o~'-De~'~.h~~s.,. Jose'Oh ' - -' '~~:sa'n a:n~ R'oS;'.~ ~.=~_-.' - ' he:~v-' '" '- - · .- .... ~-so~ ~.- ~ · . . - . .. --~~ ~'~ ~:-- . - . - . . - . . . .' '".- '-'..- z}- s~s4- ~..~q:.., ~ ~. - · . ... - ..~. ,-..' '..~<~-~ -~',, ~-~m.~~. . . - .-- - . .- ...:-. ..~~ ..... -. ~ - , .. '... - ~,...~2~~~_~,. _ , .- . · . . . '- -. .- .... ~ "'~, .. . . .. .- _Q~..~,~-.~_ . _ . . .. - ~-,.,,~e_ · ~ ~ - ' ' ~4~;~-~: ~'ee~essme,-: ~' ~__ · . . .'. . ... -~ . ~ ~' . . * ~ ~.~ . ' .~ . - ~ ~ ~ ~ '' ~r~g~e. P~y~n. cs uoo~ ~he ~ Lt~ng o~ LOe~end~n~ ~n~~pC~ .. . - : ~ ' -...<_..~ ' ~ :' ~ ~ - . ..... -.. . . . . ~:e' '~~d-c ~:f' 8-~~es eha~ ~'n~'~Sa,, jUd~ae'tbY-'defaul'~ ~as'en~er~ Ln ~is ac.:~on... Because ~feh'~a~-have n-.o~' re~u~ed ~e Soe~~;- a~¢un~ Cl'aiaed. : . .': , - . . . . . - .. - . '...:., .- .. . . . ., .. . .. .. , : . . -. - . -.- .- . :- .: . .. . . -. . . . o . .= o & oo VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take statements made in the foregoing Petition for Reathis affidavit, and that the · ssessment of Damages are true and correct to the best' of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. DATE: March 10, 2004 FEDERMAN AND PHEL~ L.L. p B Daniel G. Schmieg, Esquire Attorney for Plaintiff C~ FEDERMAlg AND PHELAN, LLP. by-Daniel G. Schmie~, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Washington MUtual Bank F A. S/I/I To Bank United ' · Wesley A. Swartz Shiela D. Swartz · CUMBERLAND COUNTY · COURT OF COMMON PLEAS · CIVIL DIVISION · NO. 01-1906 CIVIL CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Rule Returnable Date of ~ and a copy of Plaintiff,s Petition for Reassessment of Damages have been sent to the ~. individuals indicated below on Wesley A. Swartz Shiela D. Swartz 183 Zion Road, New Burg, PA 17240 Date: April 5, 2004 By :~ ............ · _Schmieg, Es ~re Attorney for Plainti COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS' I, Robert P. Ziegle_r, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Washin on Mutual Bank F A is the grantee the same having been sold to said grantee on the 5th day of_M_.a_x A.D., 200~4, under and by virtue of a writ Execution issued on the 22n~d day of Oc__.St, A.D., 200~3, out of the Court of Common Pleas of said County as of Civi.____!l Term, 200.__!.1 Number 190~6, at the suit of Washin on Mutual Bank F A against _Wesley A Swartz & Shiela D is duly recorded in Sheriff s Deed Book No. 26~3, Page 80~9. 1N TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of '~%~ _, A.D2004 of Deeds Washington Mutual Bank, F.A., s/i/I to Bank United VS Wesley A. Swartz and Shiela D. Swartz In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-1906 Civil Term Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on November 18, 2003 at 1:04 o'clock PM, he served a tree copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Wesley Swartz, by making known unto Wesley Swartz, at 183 Zion Road, Newburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said tree 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: Shiela D. Swartz, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Lebanon County, Pennsylvania, to serve the within Real Estate Writ, Notice of Sale and Description according to law. Lebanon County Return: Served the defendant, Shiela D. Swartz on December 11, 2003 at 10:46 o'clock A.M., by making known unto Shiela D. Swartz at 839 Weaber Ave., Palmyra, PA 17078. So Answers' Michael DeLeo, Sheriff of Lebanon County, PA. Gerald Wrothington, Deputy Sheriff, who being duly sworn according to law, states that on January 13, 2004 at 9'33 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Wesley A. Swartz and Shiela D. Swartz located at 183 Zion Road, Newburg Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states 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 the within named defendant, to wit: Wesley A. Swartz, by regular mail to his last known address of 183 Zion Road, Newburg, PA 17240. This letter was mailed under the date of January 9, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states 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 the within named defendant, to wit: Shiela D. Swartz, by regular mail to her last known address of 839 Weaber Ave., Palmyra, PA 17078. This letter was mailed under the date of January 9, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on May 5, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for Washington Mutual Bank, F.A., s/i/i to Bank United. It being the highest bid and best price received for the same, Washington Mutual Bank, F.A., s/i/i to Bank United of 3200 Southwest Freeway, Houston, TX 77027, being the buyers in this execution, paid to Sheriff R. Thomas $989.03, it being costs. Kline the sum of Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Levy Surcharge Out of County Lebanon County Postpone Sale Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $30.00 19.39 15.00 15.00 30.00 10.00 1.00 24.84 15.00 30.00 9.00 40.70 20.00 325.85 309.43 29.32 25.00 39.50 989.03 Sworn and subscribed t° bef°re me ~~f~ This ;lb ~ day of_'77n_ --~-~, -- R. Thomas Kline, Sheriff 2004, A.D. i ~~x.% 6~~ BY Real Estat~Deputy WASHINGTON MUTUAL BANK, F.A., S/III TO ' · CUMBERLAND COUNTY BANK UNITED ' . COURT OF COMMON PLEAS Plaintiff, v. · CIVIL DIVISION WESLEY A. SWARTZ · NO. 2001-01906 SItlELA D. SWARTZ . Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) , 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 ah183 ZIO~ ROAD NEW BURG PA 17240. 1. Nmne and address of Owner(s) or reputed Owner(s): Last Known Address (if address cannot be Name reasonably ascertained, please indicate) WESLEY A. SWARTZ 183 ZION ROAD NEW BURG, PA 17240 SHIELA D. SWARTZ 183 ZION ROAD NEW BURG, PA 17240 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Nalne Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded hold,er of every mortgage of record: Name CITIFINANCI~ INC. Last Known Address (if address cannot be reasonably ascertained, please indicate) 1752 LINCOLN WAY EAST, SUITE 7 CHAMBERSBURG, PA 17201 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. Nallle 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: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 183 ZION ROAD NEW BURG, PA 17240 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 of18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. _October 20, 2003 DATE - FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff WASHINGTON MUTUAL BANK, F.A., S/I/I TO BANK UNITED Plaintiff, WESLEY A. SWARTZ SHIELA D. SWARTZ Defendant(s). TO: WESLEY A. SWARTZ 183 ZION ROAD NEW BURG, PA 17240 CUMBERLAND COUNTY No. 2001-01906 October 20, 2003 SHIELA D. SWARTZ 183 ZION ROAD NEW BURG, PA 17240 **THIS FIRM IS,4 DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSL Y RECEIVED ,4 DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF,4 LIEN A GAINST PR OPER TY. ** Your house (real estate) at ~ 183 ZION ROAD, NEW BURG, PA 17240,is scheduled to be sold ~a,t the She..riff's Sale on MARCH 3, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South hanover Street, Carlisle, PA 17013, to enforce the court judgment of $179,474.75 obtained by (the mortgagee) against you. In mc event me sine is conunuea, 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: o . 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You 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 fight 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 fights 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 the following described real estate lying and being situate in Hopewell Township, Cumberland..~~-- County, Pennsylvania, bounded and limited as follows' BEGINNING at an iron pin on the easterly dedicated right of way of Township Road No. 378 at comer of Lot No. 2 on a plan of lots hereinafter referred to; thence by said Lot No. 2, South 71 ~~'- degrees 35 minutes 58 seconds East 237.94 feet to an iron pin; thence by the same, South 18 degrees 24 minutes I second West 230 feet to an iron pin on line of lands now or formerly of Steve Elrath; thence by said lands now or formerly of Steve Elrath, North 70 degrees 33 minutes 27 seconds West 230 feet to an iron pin on the easterly dedicated right of way line of the aforementioned Township Road 378; thence by the easterly dedicated fight of way line of Township Road No. 378, North 18 degrees 54 minutes 42 seconds East 225.64 feet to an iron pin, the place of BEGINNING. CONTAINING 1.250 acres and being Lot No. 1 on a plan of lots entitled "Mill Run Acres" ~ prepared for William F. Lucas by Kissinger and Wolfe, Surveyors, dated May 24, 1977, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 30, Page 97. TOGETHER with all the Grantor's right, title and interest in and to that portion of the public road known as Township Road No. 378 lying between the front property, line of said Lot No. 1 herein conveyed, as shown on the aforementioned plan of lots, and the centerline of said public road, which has been dedicated by the Grantor herein for road usage. TAX PARCEL/911-07-0491-012 TITLE TO SAID PREMISES IS VESTED IN Wesley A. Swartz and Sheila D. Swartz, husband and wife I~y Deed from S & R Construction, A Partnership, and having as Partners Robert Swartz and Walter Ritchey dated 5/15/97 and recorded 6/20/97 in Deed Book 159 Page 767. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA). COUNTY OF CUMBERLAND) NO 01-1906 Civil CIVIL ACTION- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MIJTUAL BANK, F.A. S/I/I TO BANK UNITED Plaintiff (s) From WESLEY A. AND SHEILA D. SWARTZ, 183 ZION ROAD, NEWBURG, PA 17240 (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 gamishee(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 $179,474.75 L.L. Interest FROM 9/27/01 - 3/3/04 (PER DIEM - $29.50) = $26,225.50 Atty's Comm % Due Prothy $1.00 Atty Paid $1,007.34 Other Costs Plaintiff Paid Date: 10/22/03 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE CURTIS R. LONG Prothonotary Address: ONE PENN CENTER AT SUBURBAN STATION, 1617 JOHN F. KENNEDY BLVD, SUITE 1400, PHILADELPHIA, PA 19103-1814 Attorney for: WASHINGTON MUTUAL BANK, F.A., S/I/I TO BANK UNITED Telephone: (215) 563-7000 Supreme Court ID No. 12248 Real Estate Sale # 12 On November 05, 2003 the sheriff'levied upon the defendant's interest in the real property situated in Hopewell Township, Cumberland County, PA Known and numbered as 183 Zion Road, Newburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 05, 2003 By:a ~ Real eputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and sayS:existing under the laws of the That he is the Controller of The Patriot News Co., a corporation organized and 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 T_he Patriot-News and T_.T.b.e. Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the ~3ity, 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 20th and 27th day(s) of January and the 3rd day(s) of February 2004. 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. D in Miscellaneous Book "M", Volume 14, Page 317. ~ ~' PUBLICATION ....................... COPY SALE #12 REAL ESTATE SALE NoJ 1.2 'Writ No. 2001-1906 "Civil Tern1 · 'Waahington Mutual. Bank, F.A., . ,/I/I to Bank United · · and beia8 - situa~' iin"H~" ~p, liait~.aa follows: I '_ . · · , BEGINNING at an iron.pin On the easterly uphin City Of Ha,isburg, I~-' 'y comNmissO~ioAnRe~irPe~~~:~, 2006 My Commission Expires June 6, 2006 ARY.PUBLIC 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 Total $ 309.43 dedicated fight-of-way of Township Road No. 378 at comer of Lot No. 2 on a plan of 1~'~ r~ferred to; ~'nce ~ .id Lot No. 2, Soat~ 7~ ' Publisher's Receipt for Advertising Cost degrees 35 mi~um seconds East 237~94 f~t to an ~n p~;.aencet~ ~same, Soua tS degrees publisher of The Patriot-News_and _The Sunday Patriot-New~, newspapers of general · 24minim I second West 230 . feet to an iron pin ' - online of landsnow or fonmdy of Steve Elrath; e receipt of the aforesaid notice and publication costs and certifies that the same have th=~ by Sad lands now or formedy of Steve Elnth, North 70 degrees 33 minutes 27 seconds We~ ~'~fl feet tn an iron nih nn the ~lv By .................................................................... m.., PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. $87, approved May 16, 1929), p. L. 1784 STATE OF PENNSYLVANIA . · COUNTY.OF CUMBERLAND . SS. Lisa Marie Coyne, Esquire, Editor of State aforesaid, being duly sworn, according totlhaw, aeposes and says that the CumberlandYL wd Journal, a legal Periodical published in the Borouiffu'mberland Law Journal, of the Count ~ of Carlisle in the County and State aforesaid, was established January 2, 19:52, 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, v/z: Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal Periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL F~T&TE S~E NO. 12 Writ No. 2001-1906 Civil Washington Mutual Bank, F.A., s/i/i to Bank United VS. Wesley A. Swartz and Sheila D. Swartz Atty.. Frank Federman ALL the following described real estate lying and being situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and limited as follows: BEGINNING at an iron pin on the easterly dedicated right of way of Township Road No. 378 at corner of Lot No. 2 on a plan of lots here- inafter referred to; thence ny Lot No. 2, South 71 degrees 35 min- utes 58 seconds East 237.94 feet to an iron pin; thence by the same, South 18 degrees 24 minutes 1 sec- ond West 230 feet to an iron pin on line of lands now or formerly of ~- .... ~1__ ~.1._ . ~.1 .... · SSWORN TO AND SUBSCRIBED before me this 30 day of JANUARY 2004 FEDERMAN AND PHELAN, LLP. by-Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Washington Mutual Bank F.A S/I/I To Bank United ' ' Shiela D. Swartz ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY COURT OF COMMON PLEAS · CIVIL DIVISION · NO. 01-1906 CIVIL AND NOW, this XO day of ~ ~, , 2004, upon consideration of Plaintiff,s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that the Rule entered upon Defendant(s) shall be and is hereby made absolute and Plaintiff,s Petition is GRANTED and it is further . ORDERED that the Prothonotary reassess the damages in this case as follows: Principal Balance Interest Amount July 1, 2000 through May 5 2004 Late Charges ' Legal fees Cost of Suit and Title Sheriff,s Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit TOTAL 154,765.17 39,396.85 5,095.28 1,500.00 3,420.91 789.09 199.95 410.00 0.00 2,238.64 $207,814.89 Plus interest per diem from May 5 percent. , 2004 through Date of Sale at six (6%) 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. Schmie~, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215___~) 563-7000 Washington Mutual Bank F.A S/I/I To Bank United ' ' vs. Wesley A. Swartz Shiela D. Swartz ATTORNEY FOR PLAINTIFF · CUMBERLAND COUNTY · COURT OF COMMON PLEAS · CIVIL DIVISION · NO. 01-1906 CIVIL MOTION TO MAKE RULE ABSOLUTE Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above captioned mortgage foreclosure action, and in support thereof, avers as follows: 1. That it is the Plaintiff in this action. 2. A Petition for Reassessment of Damages was filed with the Court on March 11 2004 and Rule was entered upon Defendant(s) Wesley A. Swartz Shiela D. Swartz on March 25 2004 to show cause why the Order for Reassessment should not be entered. A true and correct copy of the Rule is attached hereto aR Exhibit A. 3. The Rule to Show Cause was timely served upon all parties in accordance with the applicable Rules of Civil Procedure, and a Certification of Service is attached hereto B. 4. Defendant(s) failed to respond or otherwise plead to the Rule Returnable date of ~ 2004. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and enter the Order for Reassessment of Damages. ~VERIFICATIO~ Daniel O. Schmieg, Esquire, hereby states that he is the Plaintiff in this action, that he is authorized to take this afattorney for that the statements made in the foregoing Motion to Make Rule Absolfidavit' and ute are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. DATE: April 26, 2004 By: ~ttorney for Pla~ntif~~- Exhibit A HAR 2 2 2004 FEDERMANAND PHELAN, LLP. by: Daniel G. Schmie~, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Washington. Mutual Bank, F.A. S/I/I To Bank United ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY · COURT OF COMMON PLEAS Shiela D. Swartz Wesley A. Swartz vs. · CIVIL DIVISION · NO. 01-1906 CIVIL AND NOW, this ~5~ dayof m~ , 2004, a Rule is entered upon Wesley A. Swartz Shiela D. Swartz, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. - 0 RULE RETURNABLE I BY THE COURT: TRUE. COPY' FROM 'RECORD In Testimony whereOf, I here unto Set my hand and_ the seal of said Court ~_Carlisle, Pa. / P-r~t~onotary" ~~j~'~A.N_./?40 ~~ERMAN AND PHELAN~ ' · .... ATTORN.[~ 'FIt.E 00~ ~0RNEY ~.I,L~ C0P~'~' ...._ ~ I~n~ '. --~-: ~t by' Daniel G. schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, suite 1400 Philadelphia, PA 19102-1799 [215) 56.3-7000 Washington Mutual Bank, F.A..S/I/I To Bank United vs. Wesley A. swar-tz shiela D. swartZ I, Daniel Returnable Date Reassessment of · CUMBERLAND cOUNTY · COURT OF COMMON PLEAS · CIVIL DIVISION · NO. 01-1906 CIVIL ..... Cx · ' 0 ~, o..q · C~~xC~?~ON o~. SS~V~_~ . ~ ~ -~ . · . .~,~ ~ ~~ a copy o~ ~7~e ~le ~.~ . certify that ~ ~- ~ ~' re hereby ~ ~. ~ ~ mie , Es~ , . , eC~on ~or ~.~ G. Sch g .... ~ifE s P ....... ~ ~~ been .... ~'. ~.~ o n ~;..~ ..... es have e ~ ., fD A ril .5 2004. wesley A. swartZ shiela D. swartZ 183 zion Road, New Burg, PA 17240 Date: April 5, 2004 By: Attorney A~ORNEY FiLE PLEASE RETURN .. FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmie~, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (_215) 563-7000 ATTORNEY FOR PLAINTIFF MAR 222D04 WaShington· Mutual Bank F.A S/I/I To Bank United ' ' Shiela D. Swartz Wesley A. Swartz · CUMBERLAND COUNTY · COURT OF COMMON PLEAS · CIVIL DIVISION : NO. 01-1906 CIVIL aU~___~ AND NOW, this ~5~ day of ~~ , 2004, a Rule is entered upon Wesley A. Swartz Shiela D. Swartz, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. RULE RETURNABLE ~ day Df= _ '-!09~- ' '~~~~~ ~0 BY THE COURT: TRUE. COPy' FROM "RECORI In Testimony whereOf, I here unto set my fl and. the seal'of said Court a..t Carlisle, Pa