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HomeMy WebLinkAbout01-2889FEDERMAN AND PI-IELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ATFORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD surrE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COURT OF COMMON PLEAS CIVIL DIVISION FLAGSTAR BANK, FSB 5151 CORPORATE DRIVE TROY, MI 48098 TERM Plaintiff v. No. CUMBERLAND COUNTY MARK A. RUNDALL, A/K]A MARK RUNDALL 302 THIRD STREET WEST FAIRVIEW, PA 17025 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the cour~ 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 (717) 249-3166 Loan #:000121634 I. Plaintiff is: FLAGSTAR BANK, FSB 5151 CORPORATE DRIVE TROY, MI 48098 2. The name(s) and last known address(es) of the Defendant(s) are: MARK A. RUNDALL, A/YJA MARK RUNDALL 302 THIRD STREET WEST FAIRVIEW, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 4/21/95 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinai~r described to FIRST SECURITY SAVINGS BANK, FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1260, Page 202. By Assignment of Mortgage Recorded 5/15/00 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 644, Page 339 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/1/00 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." 6. The following amounts are due on the mortgage: Principal Balance $52,475.43 Interest 3,100.68 9/1/00 through 5/1/01 (Per Diem $12.76) Attorney's Fees 2,623.00 Cumulative Late Charges 328.20 4/21/95 to 5/I/01 Cost of Suit and Title Search 550.00 Subtotal $59,077.31 Escrow Credit 124.56 Deficit 0.00 Subtotal ¢$124.56~ TOTAL $58,952.75 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collecmi in the event cfa third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c on thc date(s) set forth in thc true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has tc,minated because either: (i.) Defendant(s) have failed to meet with the Plaintiffor an authorized Credit Counseling Agency in accordance with Plaintiff's wriRen Notice to Defendants, a true and correct copy of which is atmcbed 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 $58,952.75, together with interest from 5/1/01 et the rate of $12.76 per diem to the date of Judgment, and other costs and charges collectible under thc mortgage and for the foreclosure and sale of the mortgaged property. /~/Frank Federman FRANK FF. DER_MAN, ESQUIRE Attorney for Plaintiff ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE TO: Mark Rundall 302Third Street West Fairview, PA 17025 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 ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortua,,e on your home is in default and the lender intends to foreclosure. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM cHEMAP} may be able to heln to save your home. This Notice explains how the program works. To see ifHEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meel the Counseling Agency. The name, address and ohone number of Consumer Credit Counselin~ A~encies servino your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Honsine Finance Agency toll free at 1-800-342-2397. IPersons wilh imoaired hearin~ can call ¢717} 780-1869~. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able lo help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you fred a lawyer. LA NOTIFICACION EN AD JUNTO ES DE SUIvlA IMPORTANCIA, PUEDE AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SI.! HIPOTECA. ..., Yd-IIBffA STATEMENTS OF POLICY HOMEOWNER'S NAME(S): Mark Rundall PROPERTY ADDRESS: 302 Third Street - West Fairview, PA 1702S LOAN ACCT. NO.: 000121634 ORIGINAL LENDER: Flagstar Bank, FSB CURRENT LENDER/SERVICER: Flagstar Bank, FSB HOblEOWNER'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 THE 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 BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS. AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY TIlE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act. you are entitled Io a temporary stay of foreclosure on your mortgage for Ihirty (30) days from the date of this Notice. During that time you must arrange and at~end a face-to-face meeting with one of the consumer credit counseling agencies listed at the end ofthis 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" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMEk CREDIT COUNSELING AGENCIES-If you meet with one of the co-~!-~,'r credit counselinu ac_.encics listed at the end of this notice the lender may NOT take action a£ainst you for thirty (30) days after the date of this meeting. The names, addresses and telenhone numbers of designated consumer credit counselinn anencies for the county in which the vrooertv 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 inunediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in a 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 a-led and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeov,'ner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end ofthis 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 OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGA/NST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR blORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTiON-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, 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 Peunsylvnnin Housing Finnnce Agency of its decision on your application. NOTE: IF YOU ARK CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSXDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for EmerReney Mortl~nRe Assistnnce.) HOW TO CURE YOUR MORTGAGE DEFAULT fBfine it un to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 302 Third Street = West Fairview, PA 17025 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months nnd the following amounts are now past due: $541.23 from 10/I/00 through I l/l/00,:then :$537.32 beginning 12/1/00 per month. Monttdy Payments Plus Late Charges Accrued $2,397.78 NSF: $0.00 Inspections: $80.00 Other: $0.00 (Suspense): $0.00 Total amount to cure default $2,477.78 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use ifnot aunlicable): N/A HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,477.78, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: FEDEI/MAN AND PHELAN, One Penn Center at Suburban Station, 1617 John F. Kennedy Boulevard, Suite 1400, Philadelphia, PA 19103-1814, attention: Reinstatement Department. Yon can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not applicable.) N/A. 1F YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its fights to accelerate the mortgage debt. The means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthJy installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to histroct its attorney to start legal action to foreclosure unon ,/our mortgage urouertv. IF THE MQRTGAGE IS FORECLOSED UPQN- The mortgage property will be sold by the Shefiffto pay offthe mortgage debt. If the lender refers your case to its atXoroeys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable atlomey's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount to the lender, which may also include other reasonable costs. If you core the default within the THIRTY (30) DAY oeriod, you will not be reouired to nay a~tomev's fees. I'XHIBITA OTHER LENDER REMEDIF~-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S S,~.I' I~-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the ri~,ht to cure the default and nrevent the sale at uny time uo to one hour before the Sheriff's Sale. You may do so bv oaring, thc total amount then nast due. olns any late or other char~,es then due. reasonable attorney's fee.~ and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale aq s~ecified in writing, by the lender and by nerfurmini any other reouirements ~mrb.r the mortl,-asle. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as ifyou had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATF-It is estimated that the earliest date that such a Sheriff's Sale of the mortgage properly could be held would be approximately SIX (6) MONTHS fi.om the date of this Notice. A notice ofthe actual date of the Sheriff's Sale will be senl to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly whal the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Attorney Representing Lender: FEDERblAN AND PHELAN One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Ste. 1400 Philadelphia, PA 19103-1814 (215) S63-7000 Contact Person: Phyllis LevJn, Reinstatement Dept. EFFECT OF SHERIFF'S SALE-You should realize that a Sheriff's Sale will end your ownership of the morlgaged property and your right to occupy il. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be star~ed by the lender at any time. ASSUMPTION OF MORTGAGE-You may or X__may not (CHECK ONE) sell or transfer your home to a bayer or transferee who will assume the morlgage debt, provided that all Ihe outstanding payments, charge and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the morlgnge are satisfied. YOU MAY ALSO HAVE THE RIGHT: · TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. · TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. · TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS iF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) · TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. · TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVINO YOUR COUNTY IS ATTACHED Very truly yours, FEDERMAN AND PHELAN, LLP FXHIBITA PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSEL/NG &GENCIES (REv. CLINTON COUNTY Lyeoming-Clioton Counts C~nmlsion fer CCCS of Nes~m'n PA Community Action (STEP) 1631 $ou~ ~ $c. Suite 100 2138 Lincoln St~ P.O. Bon 1328 Sram College, PA 16801 Willinmsport. PA 17703 (814) 238-3668 FAX (814) 238.3669 (570) 326-0507 FAX (570) 322-2197 CCCS ot'Norrbenstern PA 201 Basin Su~ct Williamspon, PA 17703 {570) 323-6627 FAX (570) 323-6626 31 W. Market St~et 1400 Abmgton Executive Park FOB 1127 Suite I Willas-Ban~, PA 18702 Clerks Summit. PA 1841 I (570) 8214}837 or (800) 922-9537 (570) 587-9163 or (800) 922.9537 FAX (570) 821-1785 FAX (570) 587-9134-9135 Commission on Economics Oppm/unity of Luzeme County 163 Amber lane Wilkas-Bane. PA 18702 (570) 826-05 t 0 or (800) 822-0359 FAX {570) 829-1665--(Call Be~or~ Fan. lng) (570) 455=,t994 Haneltown FAX {$70) 455-563 b--(Call Befl~re (570) 836=4090 Tonkhmnock CRAWFORD COb'NTY Booker T. Washington Center G~-nm' Erie Cummunity Action Committee 1720 Holland Center 18 Wast 91 St~et Erie. PA 16503 Erie, PA 16501 (814) 453-5744 FAX (814) 5749 (814) 459-4581 FAX (814) 456-0161 John F. Kennedy Center, Inc. Shenungo Ysll~/Urban Leagun. Inc. 2021 East 20a Street 601 Indiana Avenue Erie, PA 16510 Fan~ll, PA 16121 (814) 898-0400 (412) 981-5310 FAX (814) 898-1243 CUMBERLAND COUNTY CCCS ot' We~em Pennsylvania, Inc. Finan¢inl Counseling Services of Franklin 2000 Linglestown Road 31 Wast 3a SUeet Harrisburg, PA [7102 Waynasboro, PA 17268 (717) 541-1757 (717) 762..~285 Urban Langun ol'Metropolium Hernsburg YWCA of Carlisle N. 6a St~et 301 "G" Steer Hon~sburg PA 17101 Carlisle., PA 17013 (717) 234-5925 FAY (717) 234=9459 (717) 243-3818 FAX (717) 731-9589 Community Action Corem ot'~he Capital Re,on Adams County Housing Authority 1514 De~/Street 139-143 Carlisle Sc Hun~$burg PA 17104 Gettysburg PA 17325 (717) 232-9757 FAX (717) 234-2227 (717) 334-1018 FAX 334-8326 pENNSYLVANIA BULLETIN, ¥OL. 29, NO. 23, JUNE 5, ,9. I, IBIT A An the norouRh of Vest Pa~rvAew in the County of Cqmberland and Commonvealch PannsyZvania, more particularly described as BKCINNZNC at a point on the ~est side of Third SCreen, vh~ch ps,nc is 25 North o! the norCheeet corner af Third and CLay Streets end on the dAvlsio~ line ben-eeo proparclas Nos. 300 cod 302 Third SCreen; thence Notch ]0 defreas 30 minutes ~est, Id feet ~o a poAnc; Chance SouGh 80 dearees ~es~ a po~n~; chance #arCh l0 degrees 30 m~nucea ~nsC, 3-7/10 feet co palace Chance SouGh 79 de,tees ~esc 6-5/10 feec Co a point; theoce South 8~ dearees gesc 3~- 7/10 ~eec to a point; Chance North 69 degrees 30 minutes gesc 16-8/10 ~eet co a paler: Chance SouGh 3 feet. more or lees, Co a poAnc; chance HouGh 72 desrees East $7-5/f0 feec co a point; Chance North 80 da$ceas East. 40 feet and through Cbs parc~c~oo ual! eapacaC£n$ properties Nos. 300 and 302 Third accsec end be- yond co a ps,nc, the P~ace o~ ~Z~NG portions o£ ~oCs No. 39 and ~0 as shove on the Plan HaFC~i~*S &dd~c~oe Co Vest PaEiv~ev as recorded in CUmberland County Deed 8oak 6-~, Paaa 601. kflo~n es 302 Third S~reee, ~esc Pairviev, Ponns~vanla. H£~NG THE SA~E P~.EN~$E$ ~hich Clarence E. Frlschkorn and Theda H. Fr~schkorn. husband end ~i~e) b~ their Deed dated September 16. 1993 ~n the OrE,ce o~ the Recorder o£ Deeds in end Deed Desk N. VOlUme 36, Page 531. Scanted and conveyed unto T. Christopher ~ad~ey and Pau! T. Had~a~. Dena S. Red'eT, v~e o£ T. Christopher HadLe~ end Pacc~ L. ~ed~ey, vi~e o~ Paul T. Hadley. VERIFICATION JOHN P. MARECKI hereby states that he is FIRST VICE PRESIDENT of FLAGSTAR BANK mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject m the penalties of I$ Pa. C.S. Sec. 4904 relating to answom falsifieatinn to authorities. · FLAGSTAR BANK, FSB : : CUMBERLAND COUNTY Plaintiff, : : COURT OF COMMON PLEAS MARK A. RUNDALL. A/K/A MARK RUNDALL : CML DIVISION Defendant(s). : NO. 01-2889 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) FLAGSTAR BANK~ FSB, Plaintiffin the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 302 THIRD STREET~ WES¥ FAIRVIEW~ p.~ .1702S 1. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) MARK A. RUNDALL, 302 THIRD STREET A/K/A MARK WEST FAIRVIEW, PA 1702S RUNDALL 2. Name ~d address of Defendant(s) in the.judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment creditor whosc judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) FORD MOTOR PO BOX 6508 CREDIT COMPANY MESA, AZ 85216 4. Name and address of the last recorded holder ofevery mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 5. Name and address of every other person who has any record lien on the pwperty: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) EAST PENNSBORO 98 S. ENOLA DRIVE TWP. ENOLA, PA I 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Nooe 7. Name and address of every other person whom the plaintiffhas knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (Ifaddress cannot be reasonably ascertained, please so indicate.) Tenant/Oecupant 302 THIRD STREET WEST FAIRVIEW, PA 17025 Domestic Relations of Cumberland 13 North Hanoyer Street County Carlisle, PA 17013 Commonwealth of Pennsylvania PO Box 2675 Department of Welfare Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of lB Pa. C.S. Sec. 4904 relating to unsworn falsification to auth6rities. - FLAGSTAR BANK. FSB : CUMBERLAND COUNTY Plaintiff. : v. : No. 01-2889 CIVIL TERM MARK A. RUNDALL, A/K/A MARK RUNDALL : Defendant(s). : August 29, 2001 TO: MARK A. RUNDALL, A/K/A MARK RUNDALL 302 THIRD STREET WEST FAIRVIEW, PA 17025 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY rNFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCH.,~R. GE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A ~. l ~'MPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 30·- THIRD STREET, WEST FAIRVIEW, PA 17025is scheduled to be sold at the Sheriffs Sale on DECEMBER 5, 2001 at 10:00 a.m. in the Curfiberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by FLAGSTAR BANI~ FSI~ (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be r~listed for the MARCH 6, 2001 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SAI.E To prevent this Sheriff's Sale, you must take immediate action: 1. Thc sale will be cancelled if you pay to the mortgagee the back payments, ]ate charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proce~lings. · You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (Sec 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_ I. 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 (21 $) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid '~o the Sheriff and the Sheriffgives 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 ofthe 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 monev will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distril~ution 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) 990-9! 08 ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borou~ of West Fairview in the Coun.ty of Cumberland md Commonwealth of P:~msylvania. more particularly described as follows: BEGINNING at a point on the West side of Third Street. which northwest comer of Third and Clay Stre ....... ' point is __ feet Notch or' the 302 Third Street: thence North I0 decrees 30 minutes West, 14 feet to a point; thence South de~rees.,.,, ama on me aivision I/ne between properties Nos 300 and _ West 34-7.'10 feet to a point;~thence North I0 degrees 30 minutes West, 3-7/10 feet ro a point: thence South 79 degrees West 6-5/10 feet ro a point: thence South 8o, degrees West 3~--%'10 feet to a point; ~ence North 69 de~rees 30 minutes West 16-8/10 feet to a point; thence South 3 feet, more or less, to a point: thence South 72 degrees East $7-$;10 feet to a point: thence North 80 de~ees East, 40 feet and throu.*h the partition wall separating properties Nos. 300 and 302 Third Street and beyond to a point, the place of Beginning. BEING poreions of Lots No. 39 and 40 as shown on the Plan of Lots of William F. Martin's Addition to West Fair,,'iew as recorded in Cumberland Court.ry. Deed Book 6-U. Page 601. HAVING thereon erected the Norr. Jaem half of a two family dwelling, numbered and lmowu as 302 Third Street, West Fairview, Pennsylvania. - TAX PARCEL #45-17-1044-142 TITLE TO SAID PREMISES [S VESTED IN Mark A. Rundall by Deed fi-om T. Christopher Hadley and Dana S. Hadley, his wife dated 4a~20/95, recorded 4/26/95, in Record Book 121, Page 286. SALE DATE: DECEMBER 5, 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FLAGSTAR BANK, FSB No.: 01-2889 CIVIL TERM VS. MARK A. RUNDALL, A/K]A MARK RUNDALL AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SAL~ Piaintiffin the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real pwperty located at: 302 THIRD STREET, WEST FAIRVIEW, PA 17025. 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 ofthe Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice.~~N~/~ ~ ~E~/~ ~/~/~.~ , ~SQUIRE Nov~nber 30, 2001 CUMBERLAND COUNTY FLAGSTAR BANK, FSB No.: 01-2889 CIVIL TERN[ MARK A. RUNDALL, A/K/A MARK RUNDALL SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 2) 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 302 THIRD STREET, WEST FAIRVIEW, PA 17025: 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) 4. Name and address of last recorded holder ofevery mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) FLAGSTAR BANK, FSB : : CUMBERLAND COUNTY Plaintiff, : v. : COURT OF CObLMON PLEAS MARK A. RUNDALL, A/K/A MARK RUNDALL : CIVIL DIVISION Defendant(s). : NO. 01-2889 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) FLAGSTAR BANK~ FSB, Plaintiffin the above action, by its attomey~ 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 302 THIRD STREET~ WEST FAIRVIEW~ PA 1 '/02 $ 1. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) MARK A. RUNDALL, 302 THIRD STREET A/K/A MARK WEST FAIRVIEW, PA 17025 RUNDALL 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgraent creditor whose judgment is a record lien on the real pwpe~y to be sold: NAME LAST KNOWN ADDRESS (Ifad&ess cannot be reasonably ascertained, please so indicate.) FORD MOTOR PO BOX 6508 CREDIT COMPANY MESA, AZ 85216 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 5. Name and address of every other person who has any record lien on the property: NAME LAST K~OWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) EAST PENNSBORO 98 S. ENOLA DRIVE TWP. ENOLA, PA 17025 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KaNOWN .~DDRESS (If address cannot be reasonably ascertained, please so indicate.) None 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 302 THIRD STREET WEST FAIRVIEW, PA 17025 Domestic Relations of Cumberland 13 North Hanover Street County Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE DATE: August 28, 2001 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S) MARK A. RUNDALL, A/K/A MARK RUNDALL PROPERTY: 302 THIRD STREET WEST FAIRVIEW, PA 17025 Improvements: Residential Property CUMBERLAND COUNTY The above-captioned property is scheduled to be sold at the Sheriff's Sale on DECEMBER 5, 2001 at 10:00 a.m. in Cumberland County Courthou,p~ South Hanover Street~ Carlisle~ PA. Our records indicate that you may hold a mortgage or judgment on the property, which may be extinguished by thc sale. You may wish to attend the sale to protect your interests. A schedule of Distribution will be filed by the Sheriffon 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 thc schedule. LH WRIT OF EXECUtiON and/or A1TACHMENT · COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 01-2889 CIVIL 19 CIVIL ACTION - LAW TO THE SHERIFF OF CUNBP..RLAND .COUNTY: To Satisfy the debt, interest and costs due FLAGSTAR BANK, FSL PLAINTIFF(S) from MARK A. BUNDALL, a/k/a MARK RUNDALL, 302 THIRD ST., W~ST FAIRVIEW PA 17025. DEFENDANT(S) (1) Y°uaredirectedtolevyupontheproportyolthedefendant(s)andtosell Real estate located at 302 Third St., West Fairview PA 17025. (See attached legal description.) (2) You are also directed to attach the properly 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 from delivering any property of the defendant(s) or otherwise disposing Ihereof; (3) If propertyof the defendant(s) not levied upon an subject to attachment is found in the possession of anyone olher than a named garnishee, you are directed to noilly him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $59,896.99 $.50 L.L (~.8~ dim) Intem~ . 7/13/01 - 1/~5/01 $1,428.25 DuePmlhy $1.00 Affy's Comm % Other Costs /~y Paid $109.92 Plaintiff Paid Dale: September 10. 2001 CURTIS R. LONG REQUESTING PARTY: "}' ~ Prot;~ola~/, Civil Division Name Frank Federman, Esq. Address: 1617 JFK Blvd, Ste 1400 Philadelphia PA 19103 1814 Attorney for: Pla i n t i f f Telephone: (215) 563 7000 Supreme Court ID No. 12248 ESTATE SALE No, $1 On September 17, 2001, the sherifflevied upon the defendant's interest in the real property situated in East Pennsboro Township f/k/a West Fairview Borough, Cumberland County, PA, known and numbered as 302 Third Street, West Fairview, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 17, 2001 By: ~.~ Real Estate Deputy Flagstar Bank, FSB In The Court of Common Pleas of VS Cumberland County, Pennsylvania Mark A. Rundall a/k/a Mark Rundall Writ No. 2001-2889 Civil Term Kenneth E. Gossert, Deputy Sheriff, who being duly sworn according to law, states that on Sept. 26, 2001 at 7:22 o'clock P.M., E.D.S.T., he served a tree cc~py of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Mark A. Rundall, a/k/a Mark Rundall, by making known unto Mark A. Rundall personally at 302 Third St., West Fairview, Pennsylvania, its contents and at the same time handing to him personally the said tree attested copy of the same. Kenneth E. Gossert, Deputy Sheriff, who being duly sworn according to law, states thaton Sept. 28, 2001 at 6:00 o'clock P.M., E.D.S.T., he posted a tree copy of the within Reat Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Mark A. Rundail a/k/a Mark Rundail, located at 302 Third Street, West Fairview, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a notice of the pendency of the action to one of the within named defendants to wit: Mark A. Rundall a/k/a Mark Rundall, by regular mail to his last known address, 302 Third Street, West Fairview, PA 17025. This letter was mailed under the date of October 2, 2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that aider due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on December 5, 2001 at 10:00 o'clock A.M., EST. He sold the same for the sum of $1.00 to Attorney Frank Federman for Flagstar Bank, FSB. It being the highest bid and best price received for the same, Flagstar Bank, FSB of 5151 Corporate Drive, Troy, MI 48098, being the buyer in this execution paid SheriffR. Thomas Kline the sum of $787.50, it being costs. Sheriff's Costs: Docketing $30.00 Posting Handbills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 19.50 Certified Mail 1.40 Levy 15.00 Surcharge 20.00 Postpone Sale Law Journal 311.90 Patriot News 225.60 Share of Bills 25.66 Distribution of Proceeds 25.00 Sheriff's Deed 26.50 Poundage 15.44 $ 787.50 Sworn and subscribed to before me So Answers:_. R. Thom~ Kline, Sheriff l~thonotary Re~l Estate Deputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16,11;29 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co., a corporation o~ganized 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 ~ and The Sunday Patriot-New; newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto Is exactly as printed and published in their regular daily and/or Sunday/Metro editions which appeared on the 23rd and 30th day(s) of October and the 6th day(s) of November 2001. 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 M~'scellaneous Book "M", Volume 14, Page 317. / PUBLICATION ..............................., ~.b~. COPY Sworn to and subscrib fore m.e~lfi~ 19th '~ No~v~?r 2001 A.D. ~ B~ I~B Member, Pe~tnsyfvanfa M~x:~a~on of NOIIII~/commission expires June 6, 2002 ~ ~llm~l CUMBERLAND COUNTY SHERIFFS OFFICE ~t~l[am~l CUMBERI.N~D COUNTY COURTHOUSE ~7--~~'l=~l ,,~ CARLISLE, PA. 17013 ~"'~r~"~/~=~ Statement of Advertising Costs · . ~. To THE PATRIOT-NEWS CO., Dr. ~~~t For publishing the notice or publication attached =~:~===~11~1..~(~ hereto on the above stated dates $ 224.10 ~,.dl~i=tl=b~m~at~i=~=.:~0 Probating same Notary Fee(s) $ 1.50 ~02 ~ ~ aa= ~ 10 ~ 30 Total aim= ~,~, 1~, be t~ Hm~; ~lar¢= ~ ~0 $ 225.60 Publlahar'e Receipt for Advertising Coat The Patriot News Co., publisher of ~---~and Th P ' - , newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By... ........ .. ....... ... ....... ........... ....... ... ....... .... ...... 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, viz: October 12, 19, 26, 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 maRer of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~ ~TA'I'~ ~ NO. 81 Morgcnthal, Editor Wilt NO. :]001-2880 CIvil ~?*~ Bon~ ~sn SWORN TO AND SUBSCRIBED before me this vs. 26 day of~R 2001 Mm'k A. Rundall. a/k/a Mark Ru~dall Atty.: Frank Federman ~ ALL THAT CERTAIN ~'act or par- cel of land and prem~es, situate, ly- Ing and being in the Borough of West Falrvtew in the County of Cumber- land and Commonwealth of Penn- sylvania, more particularly de- scribed as follows: STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } ss. Robert p ~-iegler .................................................................. Recorder Deeds in and for said Count~ find State do'hereby certify that the Sher/ff's Deed in which ......... Flu§star Bank FSB ....... is the L, ntntc~ the nme having been sold to said grantee m the 5 th ............................................... day ......... ~- ........................... A, D....' °-L__, uud~, uud by,lrtu~ o~ u,,fit ........ Execution ..................... inucd 10th ........................... ou the ..................................... d~ d Sept 01 ................... A.D., ..... , out of the Court d Comman Pleas d said Count),'a~ Civil '' ...... F ag,tar .......................... Number .............. , at d~ suit ol Hark A Rundall aka Hark ................................... aptlnst .................................................... is duly recorded in Shcr/ff's Deed Book No. 249 3385 ............ , Parc ............. IN TESTIMONY WHEREOF, I have hereunto set my hand and sea] dsaid office this .... t~. .... dity o/ ........ ~ ......... A.D. ~.._0..~_ ~yr. OCofnrcler of Deed-. Cumberf,nd Co,flt~. C,*~ F~ mismen Expires the Ft~ I/ofldly of hfl. ~ SHERIFF ' S RETURN - REGULAR ~: 2001-02889 p .".'ALTH OF PENNSYLVANIA: · 'Y OF CUMBERLAND FLAGSTAR BANK FSB VS RUNDALL MARK A ET AL RICH~RD E. SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RUNDALL MARK A A/K/A MARK RUNDALL the DEFENDANT , at 1653:00 HOURS, on the 4th day of June , 2001 at 302 THIRD ST WEST FAIRVIEW~ PA 17025 by handing to MARK A RUNDALL a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers~~ J~'J Docketing 18.00 Service 9.92 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 37.92FEDERMAN06/07/2001& p~ Sworn and Subscribed to before By: me this 2~ day of ;eputy Sheriff ~ ~! A.D. ~ 'Prothonotar~ ' AFFIDAVIT OF S~.RVICE PLAINTIFF FLAGSTAR BANK, FSB CUMBERLAND COUNTY No.01-2889 CIVIL TERM DEFENDANT(S) MARK A. RUNDALL, A/K/A MARK RUNDALL Type of Action - Notice of Sheriff's Sale SERVE MARK A. RUNDALL, A/K/A MARK RUNDALL AT 302 THIRD STREET Sole Dote: DECEMBER S, 2001 WEST FAIRVIEW, PA 17025 SERVED .. duyof,200_*, of Pe~ylvani~ in the ~cr dc~d~d below: ~ Defendant pc~o~lly se~ed. Adult fa~]y member with whom Defcn~n~s) reside(s). ~lati~p is Adult in c~rge of Defen~s)'s residence who ~scd m give ~w~ or ~la~ons~p. Manger/Clerk ofp]ac~ of I~mg in which Defe~an~s) ~side(s). Agent or pc~on in c~rge of Dcfen~n~s)'s office or usual place ofb~css. an officer of said Dcfend~t(s)'s co,any. Other: Description: Age ~ Hgight ~ Weighs ]~ ~ce ~ Sex ~ 0~ a ~ ~d co.ct copy of~otice of ~h~d~s ~a~e in ~e ~nne, as ~t ~ h~m~, ~ssued ~ the cap~oned case on thc ~ and at the ad.ess ~dica~d a~ve. ] ~omnal s~ ~ ] S~y L. Ha~r, N~ P~c [ . - ] C~u~ Bom Fm~lin ~unty ~ U U' I~ ~ NOT SER~D On ~e ...... day of ,200__, at __ o'cl~k __.~ Defendant NOT FO~D b~a~c: ~ Moved ~ U~o~ No Answer Vacant O~r: Swo~ to ~d subsc~ before n~ ~his ~_~ ~y of __ ~. 2~_. No~: By: A~orne for Plain~ff Frank F~ermn, Esquire - LD. ~o. 12248 One Penn Center Snburban Station, Suite 1400 Philadelphi~ PA 191~ (21~) S~-70~ FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 philadelphia, PA 19103-1814 ^ttomey for Plaintiff (2~5) 563-7000 FLAGSTAR BANK, FSB : CUMBERLAND COUNTY 5151 CORPORATE DRIVE : TROY, MI 48098 : COURT OF COMMON PLEAS Plaintiff : : CIVIL DIVISION vs. : NO. ~ CIVIL TERM MARK A. RUNDALL AfK/A MARK : RUNDALL : 302 THIRD STREET : WEST FAIRVIEW, PA 17025 : : Defendant : 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 MARK A. RUNDALL A]K]A M.~RK RUNDALL., Defendant, for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mor~§aged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $58,952.75 Interest 8/1/00 TO 12/19/00 $944.24. TOTAL $59,896.99 I hereby certify that (1) the addresses of the plaintiff and Defendant are as shown above, and (2) notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATEDi/~',. r~'z~' ~ -'~ DATE: ~O { PRO PRO ' · *THIS FIRM IS A DEBT COLLECTOR A'UYEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT pURPOSE. IF YOU HAVE pREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND Tiffs DEBT WAS NOT REAFFIRMED, Tiffs CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A'FFEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** RICHARD B. 'SMITH , Sheriff or Deputy Sheriff o6 Cumberland County,Pennsylvania, who being duly sworn accorcli~g to law, says, the within COMPLAINT - MORT FORE was .sezwed upon RUNDALL MARK A A/K/AF~RK RUNDALL the DEF~NDA~1T ..... , at 1653=00 HOURS, on the 4th day. of June , 2001 at 302 T~IRD ST ~SST FAIRVISW~ PA..17025 ., by handing to MARK A KUNDA~L a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Hi__s attention to '=he contents thereof. Docketing 18.00 Service 9.92 Affidavit · .00 Surcharge 10.00 R. Thomas Kline ..... .00 37.92 06/0%/2001 ,~ A Sworn and SubscriBed to before By: ~_~,_ me this day of A.D. Prothonotary ~ TOTP&_ PRGE. 02 ~* FEDERMAN AND PHELAN, L.L.P. Frank Federman, Esquire Identification No. 12248 ATTORNEY FOR PLAINTIFF One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 FLAGSTAR BANK, FSB : COURT OF COMMON PLEAS : CIVIL DIVISION vs. : CUMBERLAND COUNTY MARK A. RUNDALL, A/K/A MARK RUNDALL : NO. 01-2889 Defendant (s) TO~WESTN~%RK A.302 THIP. DFAiRViEW, PAl? 025RUNDALL'sTREET A/K/A NARK RUNDALLfile C0P~ DATE OF NOTICE: ~ 26.2001 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 TEAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 L~ERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Su/te 1400 Philadelph/a, pA 19103~I$14 (21 $) $63-7000 Attorney for Plaintiff FLAGSTAR BANK, FSB : CUMBERLAND COUNTY : Plaintiff : Court of Common Pleas : vs. : CIVIL DMSION : MARK A. RUNDALL, A/K/A MARK : NO. 01-2889 CIVIL TERM RUNDALL : : Defendant : .VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended Co) that defendant MARK A. RUNDALL, A/K/A MARK RUNDALL is over 18 years ofnge and resides at 302 THIRD STREET, WEST FAIRVIEW, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN Attorney for Plaintiff (Rule of Civil Procedure No. 236- Revised) FLAGSTAR BANK, FSB : CUMBERLAND COUNTY : Plaintiff : Court of Common Pleas : vS. : CIVIL DIVISION MARK A. RUNDALL, A/K/A MARK : RUNDALL : NO. 01-2889 CIVIL TERM : : Defendant : : Notice is given that a Judgment in the above captioned matter has been entered against you on If you have any questions concerning th~s matter, please contact: FRANK FEDERMAN, ESOU1RE Attorney for Filing Party One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 **THIS FIRM IS A DEBT COLLECTOR ATTEMPT I~FORMATION OBTAIN lNG TO COLLECT A D ED WILL BE USED FOR EBT AND ANY RECEIVED A DISCHARGE iN n ~, ~o~ ...... THAT PURPOSE. IF YOU HAVE pnl~v'~c~rre, ~- THIS --~,o. ,-~o ~oI REA~'~'IRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLy ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 FLAGSTAR BANK, FSB : CUMBERLAND COUNTY Plaintiff, : v. : No. 01-2889 CIVIL TERM MARK A. RUNDALL, A/K/A MARK RUNDALL : Defendant(s). : TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $59,896.99 Interest from 7/13/01 to 12/5/01 $1,428.25 and Costs (per diem - $9.85) TOTAL $61,325.24 ~CANK FEDERi~ ~, ESQUIRE ~IE PENN CEN~ ER at SUBURBAN STATION lITE 1400 tlLADELPHIA PA 19103 Attorney for Plaintiff Note: Please attach description of property. No. ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of West Fairview in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: - BEGINNING at a point on the West side of Tb. ird Street, which point is 25 feet North of the northwest comer of Third and Clay Streets and on the division line between properties Nos. 300 and 302 Third Street; thence North 10 degrees 30 minutes West, 14 feet to a point; thence Sou~ 80 degrees West 34-7/10 feet to a point; thence North I0 degrees 30 minutes West, 3-7/10 feet to a point; thence South 79 degrees West 6-$/10 feet to a point; thence Sou~ 84 degrees West 34-7/10 feet to a point; thence North 69 degrees 30 minutes West 16-8110 feet to a point; ~ence Sou~ 3 feet, more or less, to a point; thence South 72 degrees East $7-$110 feet to a point; thence North 80 degrees East, 40 feet and through the partition wall separating properties Nos. 300 and 302 Third Street anti beyond to a point, the place of Beginning. BEING portions of Lots No. 39 and 40 as shown on the Plan of Lots of William F. Martin's Addition to West Fairview as recorded in Cumberland County Deed Book 6-U, Page 601. HAVING thereon erected the Northern half of a two family dwelling numbered and known as 302 T'nird Street, West Fairview, Pennsylvania. TAX PARCEL #45-17-1044-142 TITLE TO SAID PREMISES IS VESTED IN Mark A. Runda?l by Deed fi.om T. Cl~'istopher Hadley and Dana S. Hadley, his wife dated 412019:5, recorded 4/'~6/95, in Record Book 121, Page 286. - FLAGSTAR BANK, FSB : : CUMBERLAND COUNTY Plaintiff, : v. : COURT OF COMMON PLEAS MARK A. RUNDALL, A/K/A MARK RUNDALL : CIVIL DIVISION Defendant(s). : NO. 01-2889 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) FLAGSTAR BANK~ FSB, Plaintiffin the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sots forth as of the date the Praecipe for the Writ of Exocution was filed the following information concerning the real property located at 302 THIRD STREET~ WEST FAIRVIEW~ PA 17025 1. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) MARK A. RUNDALL, 302 THIRD STREET A/K/A MARK WEST FAIRVIEW, PA 17025 RUNDALL 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and 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 so indicate.) FORD MOTOR PO BOX 6508 CREDIT COMPANY MESA, AZ 85216 4. Name and address of the last recorded holder ofevery mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 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 so indicate.) EAST PENNSBORO 98 S. ENOLA DRIVE TWP. ENOLA, PA 17025 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 7. Name and address of every other person whom the plaintiffhas knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot bc reasonably ascertained, please so indicate.) Tenant/Occupant 302 THIRD STREET WEST FAIRVIEW, PA 17025 Domestic Relations of Cumberland 13 North Hanover Street County Carlisle, PA 17013 Commonwealth of Pennsylvania PO Box 2675 Department of Welfare Harrisburg, PA 17105 I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or infonnation and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworo falsification to authorities. August 28. 2001 ~ ~R'aJqK FE- El ~-ESr QU~ ~ DATE }~ttomey for Pl~i"/;iff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ATTORNEY FOR PLAINTIFF Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563=7000 FLAGSTAR BANK, FSB : : CUMBERLAND COUNTY Plaintiff. : COURT OF COMMON PLEAS Vo : : CML DIVISION MARK A. RUNDALL, A/K/A MARK RUNDALL : : NO. 01-2889 CIVIL TERM Defendant(s). : CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. (~ ~ FEDE10 AN, ESQU~ · tomey for Plain iff FLAGSTAR BANK, FSB : CUMBERLAND COUNTY Plaintiff, : v. : No. 01-2889 CML TERM MARK A. RUNDALL, A/K/A MARK RUNDALL : Defendant(s). : August 29, 2001 TO: MARK A. RUNDALL, A/K/A MARK RUNDALL 302 THIRD STREET WEST FAIRVIEW, PA 17025 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 302 THIRD STREET, WEST FAIRVIEW, PA 17025is scheduled to be sold at the Sheriff's Sale on DECEMBER 5, 2001 at 10:00 a.m. in the Curfiberland County Courthouse, South Hanover Slreet, Carlisle, PA 17013, to enforce the court judgment obtained by FLAGSTAR BANI~ FSB (the mortgagee) against you. Ifthe Sheriff's sale is postponed, the property will be relisted for the MARCH 6, 2001 Sheriff's Sale. NOTICE OF OWNERtS RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, ifthejudgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your 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.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OT~iEl~ RIGHTS EVEN IF 'IHE SHF. I~.li~'I~"S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriffgives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict yOU. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriffwithin 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (I0) days atter 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 THAT CERTAIN tract or parcel of land and premises, situate, lying and bein~ in the Borough of West Fairview in the County of Cumberland and Commonwealth of Pe.rmsylv:mi~. more particularly described as i"ollo~s: BEGINNING at a point on the West side of Third Street, which point is 25 feet North or' the northwest comer of Third and Clay Streets and on the division l/~e between properties Nos. 300 and 302 Third Street; thence North I0 degrees 30 minutes West, 14 feet to a point: thence South 80 degrees West 34-7/10 feet to a point: thence North i0 degrees 30 minutes West, 3-7/10 feet to a point; thence South 79 degrees West 6-5/10 feet to a point: thence South 84 degre,~s West 3,,t-7/10 feet ro a point; thence North 69 degrees 30 minutes West i6-8/10 feet to a point; thence South 3 t'eet, more or less, to a point: thence South ~ degrees East 57-5/10 feet to a point: thence North 80 degrees East, 40 feet and through the partition wall separating properties Nos. 300 and 302 Third Street and beyond to a point, the place of Beginning. BEING portions of Lots No. 39 and 40 as shown on the Plan of Lots of William F. Martin's Addition to West Fairview as recorded in Cumberland Coun.m Deed Book 6-U, Page 601. HAVING thereon erected the Northern half of a two family dwelling numbered and known as 302 Third Strut, West Fairview, Pennsylvania. TAX PARCEL #45-17-I044-142 TITLE TO SAID PRE~IISES IS VES I'~D IN Mark A. Rundall by Deed from T. Christopher Hadley and Dana S. Hadley, his wife dated 4/20/95, recorded 4/26/95, in Record Book 121, Page 286. '