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HomeMy WebLinkAbout02-3510FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 FIRST BANK NATIONAL ASSOCIATION TRUST U/A DATED 6/1/97 (EQCC HOME EQUITY LOAN TRUST 1997-2) 338 SOUTH WARMINSTER ROAD HATBORO, PA 19404 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM V. NO. 0 -? - 3510 Cu, J T.c c,v,,,. CUMBERLAND COUNTY KATHY SWOPE A/K/A KATHY A. SWOPE 127 BEECH STREET CARLISLE, PA 17013 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 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 (717) 249-3166 Loan #:8537001144 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is FIRST BANK NATIONAL ASSOCIATION TRUST U/A DATED 6/1/97 (EQCC HOME EQUITY LOAN TRUST 1997-2) 338 SOUTH WARMINSTER ROAD HATBORO, PA 19404 2. The name(s) and last known address(es) of the Defendant(s) are: KATHY SWOPE A/K/A KATHY A. SWOPE 127 BEECH STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 5/19/97 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to EQUICREDIT CORPORATION OF PENNSYLVANIA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1382, Page 889. By Assignment of Mortgage recorded 8/12/97 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 554, Page 523. 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 4/1/02 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. 6. The following amounts are due on the mortgage: Principal Balance $77,885.13 Interest 2,808.09 3/1/02 through 7/1/02 (Per Diem $22.83) Attorney's Fees 1,000.00 Cumulative Late Charges 637.44 5/19/97 to 7/1/02 Cost of Suit and Title Search 550.00 Subtotal $82,880.66 Escrow Credit 70.00 Deficit 0.00 Subtotal 70.00 TOTAL $82,810.66 7. 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 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. 10. 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; 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 $82,810.66, together with interest from 7/1/02 at the rate of $22.83 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. FEDERMAN A/ND?PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff TRACTS Nos. 1 and 2 above described are aZZ of the two tracts of land wlatch Lathe E. Gilbert, widow, by deed and recorded January 9, dated Janus 1979, in 1979; the Office of tlse Recorder o , Booh "F, ' f Deeds in and for . bera Count at CarttsZe, PennayZvania, irz Bauder and Pearl 8, Pa , granted and conv Deed part herein. uder, husband and seine eyed to John M. Party of the first THIS CONVBYANCE is made in ezeeutton of the Agreement of So entered into by Jolzn M. Bauder, and. Pearl W. Bonder, lz wife, with J _ Is wife, dated Ap?gc1989pe and -Kathy A. Swope, then l.1meb nd and Recorder's Office on and recorded irs the above_ band and Page 5e3. The said JAepril 41 Z989, in 1YlsseelZaneoue mentioned divoroed o C Swope and K'%t)t Record J30072 362, nDecember 26, -1991'Pursuant to y A. Swope were of Common pleas of CumberZa Coup proceedings in the Court 1322, Ctvtl 1992, in w)sicl: proceedings all i teresf of ania, filed to No. In in th Di the said prope Lee $* awarded to Sath Jeffrey C. S vorce dated December. 26, 1991. Tlse Said Jape by final DecreQ in this Deed for the purpose o ffrey a Swo in the abase-described premiseseto Sat)sng the award of his interest. transfer of any r- 1, title or interest wht h Jwope and to con have had in t e fFr nt the by virtue o h pre AgWhich reement a ate two irate herein described, of C- SLOOPe may A Swope' who is the party of the second ted April 3, ZH89, to Rath Part and Grantee herein, y will warrant the Said Gr n teo,, a h reby covenant and agrse t., they Property hereby conveyed. &at Isanda and St ie ? F said Grantors have hereunto set their y r first above written. BEING RNM AS: 127 BEECH STREET VERIFICATION JOHN SHELLEY hereby states that he is FORECLOSURE MANAGER of FAIRBANKS CAPITAL CORPORATION 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 to the penalties of IS Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: ( o? c? -• o n QGJC N ? O .. ? ? ? (V ri Ca i n ? \> i :rj v? SHERIFF'S RETURN - REGULAR CASE NO: 2002-03510 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST BANK NATIONAL ASSOC VS SWOPE KATHY YAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SWOPE KATHY AKA KATHY A SWOPE the DEFENDANT , at 1727:00 HOURS, on the 25th day of July , 2002 at 127 BEECH STREET CARLISLE, PA 17013 by handing to KATHY SWOPE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. V Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this a l,,a( day of Of, ZOV 2 A. D .• 71?Cf?' rcthonotary So Answers: R. Thomas Kline 07/26/2002 FEDERMAN & PHELAN By: L- ?) D puty he iff FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 FIRST BANK NATIONAL ASSOCIATION TRUST U/A DATED 6/1/97 (EQCC HOME EQUITY LOAN TRUST 1997-2) 338 SOUTH WARMINSTER ROAD HATBORO, PA 1904 V. Plaintiff, KATHY SWOPE A/K/A KATHY A. SWOPE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-3510 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against KATHY SWOPE A/K/A KATHY A. SWOPE, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 7/2/02 to 8/27/02 TOTAL $82,810.66 $ 1,301.31 $84,111.97 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. RANK 1"? A 2 A A W<IA(\ RMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICAT DATE: `° ?t c-?d" PRO PROTHY M FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 FIRST BANK NATIONAL ASSOCIATION TRUST U/A DATED 6/1/97 (EQCC HOME EQUITY LOAN TRUST 1997-2) Plaintiff vs. KATHY SWOPE A/K/A KATHY A. SWOPE Defendant(s) TO: KATHY SWOPE A/K/A KATHY A. SWOPE 127 BEECH STREET CARLISLE PA 17013 DATE OF NOTICE: AUGUST 15. 2002 FILE COPY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 02-3510 nK ee man, Esquire orney or Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2002-03510 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST BANK NATIONAL ASSOC VS SWOPE KATHY BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SWOPE KATHY AKA KATHY A SWOPE the DEFENDANT at 1727:00 HOURS, on the 25th day of July , 2002 at 127 BEECH STREET CARLISLE, PA 17013 by handing to KATHY SWOPE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this day of A. D. So Answers: R. Thomas Kline 07/26/2002 FEDERMAN & PHELAN By: D puty he iff Prothonotary N ? TF Pf 't ,o FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 FIRST BANK NATIONAL ASSOCIATION TRUST : U/A DATED 6/1/97 (EQCC HOME EQUITY LOAN CUMBERLAND COUNTY TRUST 1997-2) COURT OF COMMON PLEAS 338 SOUTH WARMINSTER ROAD CIVIL DIVISION Plaintiff, NO. 02-3510 V. KATHY SWOPE A/K/A KATHY A. SWOPE Defendant(s). VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant KATHY SWOPE A/K/A KATHY A. SWOPE is over 18 years of age and resides at, 127 BEECH STREET, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. v FRANK FE ERMAN, ESQUIRE Attorney for Plaintiff r ? ? Y - 0 ? PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 FIRST BANK NATIONAL ASSOCIATION TRUST U/A DATED 6/1/97 (EQCC HOME EQUITY LOAN TRUST 1997-2) Plaintiff, No. 02-3510 V. KATHY SWOPE A/K/A KATHY A. SWOPE Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $84,111.97 Interest from 8/28/02 to 12/4/02 $ 1,369.17 and Costs (per diem -$13.83) TOTAL $85,481.14 P, 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. O O d a F. O ? F r zz W 6w ?? OFw.,O W o: O ?A ?A>" O w OU ? ? 0 .7 ? U ww ?Fa ? ? F U ?i Yr L 7 Vl d w ao on w M .-y O n ti a Gz7 .a U F w w w oa r N v b b b N N a ALL those two certain tracts of land situate in the Township of South Middleton Township, County of Cumberland, and Commonwealth of Pennsylvania, numbered and described in accordance with Plot Plcn of Bonny freights dated June 1, 1925, and recorded in the hereinafter named Recorder's Off-we in Plan Boole 2, Page 61, and as shown on the attached Draft of Survey made by Roger St. Germain and Associates dated January 10, 1961, which Plot Plan and Draft of Survey are each incorporated herein by reference, as follows: TRACT NO. 1. SEGJNNZNG at a point on the northern line of 50 feet wide Beech Street at the dividing line between Lots Nos. 6 and 8 of Bloch "B" as shown on said Plot Plan of Bonny Heights; thence from said point at the Place of Beginning along said dividing line between said Lots Nos. 6 and 8 of Bloch 'B" (Tract No. 2 hereinafter described being the southern portion of said Lot No. 6 of Bloch "B"), North 32 degrees 08 minutes East a distance of 100 feet to a point in line of land now or formerZy of John S. Weib ley, thence along line of said land now or formerly of John S. Weib ley and through a portion of Lot No. 8 of Bloch "B", South 57 degrees 52 minutes East a distance of 41.4 feet to an iron pin in line of land now or formerly of fester C. Cornman and wife, thence along the western line of said land now or formerZy of Lester C. Cornman and through a portion of said Lot No. 8 of Bloch "B", South 32 degrees 08 minutes West a distance of 100 feet to a marl: on tap of a concrete curb on the northern It,. of 50 feet wide Beech Street, thence along the northern line of 50 feet wide Beech Street, North 57 degrees 52 minutes West a distance of 41.4 feet to the southeastern corner of Tract No. 2 hereinafter described at the Place of BEGINNING. THE ABOVE described Tract No. 1 is the westernmost 41.4 feet of the southern 100 feet of Lot No. 8 of Bloch "B" as shown on said Plot Plan of Bonny Heights recorded as aforesaid. TRACT NO 2. BEGINNING at a point on the northern line of 50 feet wide -Beech Street at the dividing line between Lots Nos. 6 and 8 of Bloch B" as shown on said Plot Plan of Bonny Heights recorded as aforesaid, which point at the Place of Beginning is the southwestern corner of Tract No. 1 above described; thence along the northern line of said 50 feet wide Beech Street, North 57 degrees 52 minutes West a distance of 50 feet to an iron pin at the dividing line between Lots Nos. 6 and 4 of Bloch "B", thence along said dividing line between said Lots Nos. 6 and 4 of BZoch 78", which Lot No. 4 is land now or formerly of Park Shughart, North 32 degrees 08 minutes East a distance of 100 feet to an iron pin at the southwestern corner of land now or formerly of John S. Ege; thence along line of said land now or formerly of Jahn S. Ege and through said Lot No. 6 ofBlach "B", South 57 degrees 52 minutes East a distance of 50 feet to a point at the northwestern corner of Tract No. 1 above described, thence along the dividing line between Tracts No. 1 and 2 herein described which is a portion of the dividing line between Lots Nos. 4 and 6 of Bloch .B", South 32 degrees 08 minutes West a distance of 100 feet to a point on the northern line of 50 feet wide Beech Street at the Place of BEGINNING. THE ABOVE described Tract No. 2 is the southern 100 feet of Lot No. 6 of Black "B" as shown on said Plot Plan of Bonny Heights recorded as aforesaid. A dwelling house known as and numbered 127 Beech Street is erected on the above described Tracts Nos. 1 and 2, which dwelling house has the mailing address of 127 Beech Street, Carlisle, Pennsylvania 17013. TAX PARCEL #22-0487-060 TITLE TO SAID PREMISES is VESTED IN Kathy A. Swope, .A Single Person by Deed from John M. Bonder and Pearl W. Bouder, Husband and Wikc joined by Jeffrey C. Swope, A Married Person dared 5/17/1995 and recorded 8/29/1995 in Deed Book 127, Page 360. I T w 1 ?? N JCi FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 FIRST BANK NATIONAL ASSOCIATION TRUST : U/A DATED 6/1/97 (EQCC HOME EQUITY LOAN : CUMBERLAND COUNTY TRUST 1997-2) COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. NO. 02-3510 KATHY SWOPE A/K/A KATHY A. SWOPE 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. RANK FE ERMAN, ESQUIRE Attorney for Plaintiff ' ry?W A t! Z lri C'I c N a` ,i Z U M1 FIRST BANK NATIONAL ASSOCIATION TRUST : U/A DATED 6/1/97 (EQCC HOME EQUITY LOAN : CUMBERLAND COUNTY TRUST 1997-2) COURT OF COMMON PLEAS V. Plaintiff, CIVIL DIVISION KATHY SWOPE A/K/A KATHY A. SWOPE NO. 02-3510 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) FIRST BANK NATIONAL ASSOCIATION TRUST U/A DATED 6/1/97 (EQCC HOME EQUITY LOAN TRUST 1997-2), 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 infonnation concerning the real property located at ,127 BEECH STREET, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KATHY SWOPE A/K/A KATHY A. 127 BEECH STREET SWOPE CARLISLE, PA 17013 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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PENNSYLVANIA HOUSING 2101 NORTH FRONT STREET FINANCE AGENCY HARRISBURG, PA 17110 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 127 BEECH STREET CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. August 21, 2002 2 DATE RANK FE RMAN, ESQUIRE Attorney for Plaintiff c LK ?x c L ,'n FIRST BANK NATIONAL ASSOCIATION TRUST CUMBERLAND COUNTY U/A DATED 6/1/97 (EQCC HOME EQUITY LOAN TRUST 1997-2) No. 02-3510 Plaintiff, V. KATHY SWOPE A/K/A KATHY A. SWOPE Defendant(s). August 21, 2002 TO: KATHY SWOPE A/K/A KATHY A. SWOPE 127 BEECH STREET CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKR UPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 127 BEECH STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on DECEMBER 4, 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $84,111.97 obtained by FIRST BANK NATIONAL ASSOCIATION TRUST U/A DATED 6/1/97 (EOCC HOME EQUITY LOAN TRUST 1997-2) (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the 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 n C N m Tj 1 , 7 yC= N ,??rn WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-3510 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST BANK NATIONAL ASSOCIATION TRUST U/A DATED 6/1/97 (EQCC HOME EQUITY LOAN TRUST 1997-2), Plaintiff (s) From KATHY SWOPE A/K/A KATHY A. SWOPE, 127 BEECH STREET, CARLISLE, PA 17013 (I) 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 $84,111.97 L.L. $.50 Interest FROM 8/28/02 TO 12/4/02 (PER DIEM - $13.83) - $1,369.17 AND COSTS Arty's Comm % Due Prothy $1.00 Arty Paid $108.45 Other Costs Plaintiff Paid Date: AUGUST 27, 2002 CURTIS R. LONG Prothonott ?yy) (Seal) 12 rY Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: FIRST BANK NATIONAL ASSOCIATION TRUST U/A DATED 6/1/97 (EQCC HOME EQUITY LOAN TRUST 1997-2) ) CIVIL ACTION vs. KATHY SWOPE A/K/A KATHY A. SWOPE CIVIL DIVISION NO. 02-3510 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for FIRST BANK NATIONAL ASSOCIATION TRUST U/A DATED 6/1/97 (EQCC HOME EQUITY LOAN TRUST 1997-2) hereby verify that on 8/27/02 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. Notice of Sale was sent to the Defendant(s) on 8127/02 by certified mail return receipt requested see Exhibit "B" attached hereto. DATE: November 4. 2002 F NK FEDERMAN, ESQUIRE Attorney for Plaintiff s0 i6l 3000 diz tVO8-qQ--IItlpV 008'60 $ 1LS00sro o ' a s1?»AJRJb `L C ? ;,gyp) z ? V 6?SOa s3i'0'S 0 0 e F Q .r N ? ?ao a ^; ?wa ?zw a? wOa I w O F z a A a a o? F N ?O UO a WF W F x U ° Gq ?a ?°n d ., w w ? o Q" a ?a w ?a ? dd x U U U F Q F W W WW x W C O W a ]CFY .zFO ?Mo? N?,oa W'"zae0 ?= W,d.?0 Oada Uad„c?? ? 04 04 rA (;o H?zz?~Wo H UaN FUQM a?Z 1 b L C Q q o N M z?a 00 IcN I° I-- d F? T y aw d U a p O m C.? p W eel " O z? [Ai wI 4U w ? o ? v E F 4 7160 3901 9844 9257 6490 TO: KATHY SWOP$ A/K/A KATHY A. SWOPE 127 BEECH STREET CARLISLE, PA 17013 TEAM 3 SENDER: KMD REFERENCE:853 700 1 1 44 j RETURN Postage RECEIPT Certified Fee SERVICE Retum Receipt Fee Restricted Delivery I Total Postage & Fees US Postal Service Receipt for Certified Mail No Insurance Coverage provided Do Not use for International Mail ----------------------- ------------ First Bank National Association Trust U/A Dated 6/1/97 (EQCC Home Equity Loan Trust 1997-2) VS Kathy Swope a/k/a Kathy A. Swope In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-3510 Civil Tenn R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Surcharge 30.00 Law Library .50 Prothonotary 1.00 Mileage 6.90 Levy 30.00 Advertising 30.00 Posting Handbills 30.00 Share of Bills 25.20 Poundage 26.24 Law Journal 642.05 Patriot News 472.15 Certified Mail 14.40 $1338.44 Sworn and subscribed to before me This --q 1' day of l 2002, A.D. Prothonotary swe? R. Thomas Kline, Sheriff BY rJ11L1 Real E to Deputy \,SU u-1 39 1V`1 paid by attorney 12/11/02 k., 1336(,3 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-New and The 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 22nd and 29th day(s) of October and the 5th day(s) of November 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 SALE #20 REAL ESTATE SALE No. 20 Writ No. 2002-3510 Civil Term First Bank National Assdclatlon Trust U/ A Dated 611/97 tEOCC Home Equity Loan Trust 1997-2) vs Kathy Swope a/k/a Kathy A. Swope Atty: Frank Federman DESCRIPTION ALL those two certain tracts of land situate in the Township of South Middleton Township, County of Cumberland, and Commonwealth of Pennsylvania, numbered and described in accordance with Plot Plan of Bonny Heights dated June 1, 1925, and recorded in the hereinafter named Recorder's Office in Plan Book 2, Page 51, - Sworn to and subscribed before Notarial Seal Terry L. Russell, Notary Pub City Of Harrisburg, Dauphin Cou My Commission Expires June 6,20C)6 Member, Pennsylvania Association Of Notarid ................... 14th day f Nogv? er 2002 A.D. I - r Z NO RY PUBcommission expires June 6, 2006 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 $ 470.40 $ 1.75 $ 472.15 and as mown on the attached Draft of Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot -News, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the samenhavle been duly paid. By ............................. Survey made by Roger St. Germain and Associates dated Jauuary 10, 1961, which Plot Plan and Draft of Survey are each incorporated herein by reference, as follows: TRACT No, 1: BEGINNING at a point on the northern line of 50 feet wide Beech Street at the dividint line between Lots Nos. 6 and 8 of Block "B" as shown on said plot plan of Bonny Heights; thence from said point at te Place of Beginning along said dividing line between said Lots Nos. 6 and 8 qf Block "B" (Tract No.2 hereinafter described being the southern portion of said Lot No.6 of Block `B"), North 32 degrees 08 minutes East a distance of 100 feet to a point in line of land now or formerly of John S. Weibley; thence along line of said land now or formerly of John S. Weibley and through a portion of Lot No.8 of Block "B", South 57 degrees 52 minutes East a distance of 41.4 feet to an iron pin in line of land now or formerly of Lester C. Comman and wife; thence along the western line of said land now or formerly of Lester C. Cornman and through a portion of said Lot No.8 of Block "B", south 32 degreeegss 08 minutes West a distance of 1 00 feet''to a mark on top of a concrete curb on the northern line of 50 feet wide Beech Street; thence along the northern line of 50 feet wide Beech Street, North 57 degrees 52 minutes West a distance of 41.4 feet to the southeastern comer of Tract No.2.hereinafter described at the Place of BEGINNING. THE ABOVE described Tract No. 1 is the westernmost 41.4 feet of the southern 100 feet of Lot No. 8 of Block "B" as shown on said Plot Plan of Bonny. Heights recorded as aforesaid. TRACT NO 2: BEGINNING at a point on the norther line o 50 feet wide Beech Street at the dividing line between Lots Nos. 6 and 8 of ock "B" as shown on said Plot Plan of Bonny Heights recorded as aforesaid, which point at the Place of Beginning is tpte southwestern comer of Tract No. 1 above described; thence along the northern line of said 50 feet wide Beech Street, Nohh 57 degrees 52 minutes West a tapFe, of 50 feet to an iron pin. at_ Jhe dividing line between Lots Nos. 6 and 4 of Block B", thence along said dividing line between said Lots Nos. 6 and 4 of Block "B", which Lot No.4 is land now or formerly of Park Shughart, North 32 degrees 08 minutes East a distance of 100 feet to an iron pin at the southwestern comer of land now or formerly of John S. Ege; thence along line of said land now or formerly of John S.,Ege and through said Lot No.6 of Block "13", South 57 degrees 52 minutes East a distance of 50 feet to a point at the northwc;tem comer of Tract No.l above described; thence along the dividing line between Tracts No. 1 and 2 herein described which is a portion Of 'the dividing line between Lots Nos. 4 and 6 of Block B", South 32 degrees 08 minutes West a distance of 1 00 feet to a point on the northern line of 50 feet wide Beech street at the Place of BEGINNING. THE ABOVE described Tract No.2 is the southern 100 feet of Lot No.6 of Block "B" as shown on said Plot Plan of Bonny Heights recorded as aforesaid. A dwelling house known as and numbered 127 Beech Street is erected on the above described Tracts Nos. 1 and 2, which dwelling house has the mailing address of 127 Beech Street, P Carlisle, Pennsylvania 17013. TAX PARCEL 1#22-0487-060. TITLE TO SAID PkI MISES IS VESTED IN Kathy A. Swope, 'A Single Person by Deed from John M. Bonder and Pearl W. Bouder, Husband and Wife joined by Jeffrey C. Swope, A Married Person dated 5/17/1995 and recorded 8/29/1995 in Deed Book 127, Page 360. 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 25, NOVEMBER 1, 8, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 20 Writ No. 2002-3510 Civil First Bank National Association Trust U/A Dated 6/1/97 (EQCC Home Equity Loan Trust 1997-2) Roger M. Morgenthal, Editor VS. Kathy Swope, a/k/a Kathy A. Swope SWORN TO AND SUBSCRIBED b f Atty.: Frank Federman 8 day of e ore me this NOVEMBER 2002 ALL those two certain tracts of . land situate in the Township of South Middleton Township, County of Cum- berland and Commonwealth of Penn- sylvania, numbered and described 01 in accordance with Plot Plan of Bon- H -S? ny eights dated June 1, 1925, and ' recorded in the hereinafter named f{3 Recorder's Office in Plan Book 2, C?08sr11: / ? S ui€n Page 51, and as shown on the at- .. . k;`t $ tached Draft of Survey made by Rog- „ er St. Germain and Associates dated January 10, 1961, which Plot Plan and Draft of Survey are each incor- porated herein by reference, as fol- lows: TRACT NO. 1: BEGINNING at a point on the northern line of 50 feet wide Beech Street at the dividing line between Lots Nos. 6 and 8 of Block "B" as shown on said Plot Plan of Bonny Heights; thence from said point at the Place of Beginning along said dividing line between said Lots Nos. 6 and 8 of Block "B" (Tract No. 2 hereinafter described being the southern portion of said Lot No. 6 of Block "B"), North 32 degrees 08 minutes Sast a distance of 100 feet to a point in line of land now or for- merly of John S. Weibley; thence along line of said land now or form- erly of John S. Weibley and through a portion of Lot No. 8 of Block "B", South 57 degrees 52 minutes East a distance of 41.4 feet to an iron pin in line of land now or formerly of Lester C. Cornman and wife; thence along the western line of said land now or formerly of Lester C. Cornman and through a portion of said Lot No. 8 of Block "B", South 32 degrees 08 minutes West a dis- tance of 100 feet to a mark on top of a concrete curb on the northern line -of 50 feet wide Beech Street; thence along the northern line of 50 feet wide Beech Street, North 57 degrees 52 minutes West a distance of 41.4 feet to the southeastern cor- ner of Tract No. 2 hereinafter de- scribed at the Place of BEGINNING. THE ABOVE described Tract No. 1 is the westernmost 41.4 feet of the southern 100 feet of Lot No. 8 of Block "B" as shown on said Plot Plan of Bonny Heights recorded as aforesaid. TRACT NO. 2: BEGINNING at a point on the northern line of 50 feet wide Beech Street at the dividing line between Lots Nos. 6 and 8 of Block "B" as shown on said Plot Plan of Bonny Heights recorded as afore- said, which point at the Place of Beginning is the southwestern cor- ner of Tract No. 1 above described; thence along the northern line of said 50 feet wide Beech Street, North 57 degrees 52 minutes West a distance of 50 feet to an iron pin at the dividing line between Lots Nos. 6 and 4 of Block "B", thence along said dividing line between said Lots Nos. 6 and 4 of Block "B", which Lot No. 4 is land now or for- merly of Park Shughart, North 32 degrees 08 minutes East a distance of 100 feet to an iron pin at the southwestern corner of land now or formerly of John S. Ege; thence along line of said land now or for- merly of John S. Ege and through said Lot No. 6 of Block "B", South 57 degrees 52 minutes East a dis- tance of 50 feet to a point at the northwestern corner of Tract No. 1 above described; thence along the dividing line between Tracts No. 1 and 2 herein described which is a portion of the dividing line between Lots Nos. 4 and 6 of Block "B", South 32 degrees 08 minutes West a distance of 100 feet to a point on the northern line of 50 feet wide Beech Street at the Place of BEGIN- NING. THE ABOVE described Tract No. 2 is the southern 100 feet of Lot No. 6 of Block "B" as shown on said Plot Plan of Bonny Heights recorded as aforesaid. A dwelling house known as and numbered 127 Beech Street is erect- ed on the above described Tracts Nos. 1 and 2, which dwelling house has the mailing address of 127 Beech Street, Car-lisle. Pennsylvania 17013. TAX PARCEL #22-0487-060. TITLE TO SAID PREMISES IS VESTED IN Kathy A. Swope, A Sin- gle Person by Deed from John M. Bouder and Pearl W. Bouder, Hus- band and Wife joined by Jeffrey C. Swope, A Married Person dated 5/ 17/1995 and recorded 8/29/1995 in Deed Book 127, Page 360. FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 FIRST BANK NATIONAL ASSOCIATION TRUST U/A DATED 6/1/97 (EQCC HOME EQUITY LOAN TRUST 1997-2) VS. KATHY SWOPE A/K/A KATHY A. SWOPE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 02-3510 MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Frank Federman, Esquire, moves this Honorable Court for an Order directing service of the Notice of Sale upon the above captioned Defendant(s) by certified mail and regular mail to Defendant's last known address. 1. Attempts to serve Defendant with Notice of Sale have been unsuccessful, as indicated by the Affidavit 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. An Affidavit of Good Faith Investigation setting forth the specific inquiries made and the result there from is attached hereto as Exhibit "B." WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Notice of Sale by certified mail and regular mail to Defendant's last known address. FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 COURT OF COMMON PLEAS (215) 563-7000 CIVIL DIVISION CUMBERLAND COUNTY FIRST BANK NATIONAL ASSOCIATION TRUST U/A DATED 6/1/97 (EQCC HOME No.: 02-3510 EQUITY LOAN TRUST 1997-2) VS. KATHY SWOPE A/K/A KATHY A. SWOPE MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule, 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 and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 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." Adoption 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.R. Part 265, (2) inquiries of relatives neighbors, friends 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 Affidavit of Service, marked hereto as Exhibit "A", the Sheriff has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Good Faith Investigation, marked Exhibit "B." WHEREFORE, Plaintiff respectfully requests service of the Notice of Sale by certified mail and regular mail to Defendant's last known address. Respectfully submitted: FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF FIRST BANK NATIONAL ASSOCIATION TRUST U/A DATED 6/1/97 (EQCC HOME No. 02-3510 EQUITY LOAN TRUST 1997-2) DEFENDANT(S) KATHY SWOPE A/K/A KATHY A. SWOPE SERVE KATHY SWOPE A/K/A KATHY A. SWOPE AT 127 BEECH STREET CARLISLE, PA 17013 Served and made known to at , o'clock _.m, at SERVED ACCT. #8537001144.. Type of Action - Notice of Sheriffs Sale Sale Date: Defendant, on the of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age _ Height _ Weight _ Race _ Sex _ Other Commonwealth 1, a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of 1200. Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. t NOTSERVED On the a r day of pLP , 200_*,,at : 3 o'clock e.m, Defendant NOT FOUND because: - Moved _ Unknown- No Answer ?acant Ist Attempt: Time: god Attempt:_ --L / Time: 3rd Attempt: Time: Sworn to and subscribed Notarial sew before me thi -04' day mod' damper, Notw Pic of 200 F?irea uYyJ _ Notary: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 PJT 10, 2003 BAI-IIBiT A day of 200_, SKN Data Research Inc. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 3-8757PA Attorney Firm: Federman & Phelan Subject: Kathy Swope ?/?I Current Address: 127 Beech St. Carlisle, PA 17013 EXHIBIT B Property Address: 127 Beech St. Carlisle, PA 17013 Mailing Address: 127 Beech St. Carlisle, PA 17013 I Scott Nulty, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Kathy Swope - 177-42-1160 B. EMPLOYMENT SEARCH Kathy Swope - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS On 10-7-03 our inquiry of creditors indicated that Kathy Swope reside(s) at: 127 Beech St. Carlisle, PA 17013 It. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH On 10-7-03 our office contacted directory assistance which indicated that Kathy Swope reside(s) at: 127 Beech St. Carlisle, PA 17013. Our office made a telephone call to the mortgagors phone number and received the following information: 717- 249-8410 spoke to Kathy. III. INQUIRY OF NEIGHBORS N/A IV. INQUIRY OF POST OFFICE A. NATIONAL ADDRESS UPDATE On 10-7-03 we reviewed the National Address database and found the following information, Kathy Swope - 127 Beech St. Carlisle, PA 17013 B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry with creditors, the following is a possible mailing address: no addresses on file V. MOTOR VEHICLE REGISTRATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Kathy Swope. VI. OTHER INQUIRIES A. DEATH RECORDS As of 10-7-03 Vital Records and all public internet databases have no death record on file for Kathy Swope. B. COUNTY VOTER REGISTRATION The Cumberland County Voter registration has a registration for Kathy Swope residing at: last registered address. C. PUBLIC LICENCES (PILOT, REAL ESTATE, ETC.) Our office conducted a search for public licenses and found the following: no records on file pT VII. ADDITIONAL INFORMATION OF SUBJECT EXH?B? 1 A. DATE OF BIRTH Kathy Swope -YOB 1960 B. A.K.A. *All accessible public databases have been checked and cross -referenced for the above named individual(s). *Please be advised all database information indicates the subject resides at the current address. 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. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. qc?_ AFFIANT Scott . ulty SKN Data Research Inc. President Sworn to and subscribed before me this ?' day of.? Ze-r_ 2003 2a?/yI?Q?- - NOTAR-T PUBLIC - -- Ny,anal Se.af Margaret E. Nulty, Notary Public East Goshen Twp., eh Dees 19 LAS My Ccmmiss?on Exp+_ Member, Pennsylvania Asscciation Of Wanes The above information is obtained from available public records and we are only liable for the cost of the affidavit VERIFICATION FRANK FEDERMAN, ESQUIRE, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE OF THE NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT 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. Sec. 4904 relating to unworn falsification to authorities. FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF ?> t-- _;, cz :. c.. -, z; . ?, _ `?`. . C .. v ?_ 4Y U` J ,!` .O FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 FIRST BANK NATIONAL ASSOCIATION TRUST U/A DATED 6/1/97 (EQCC HOME EQUITY LOAN TRUST 1997-2) Vs. KATHY SWOPE A/K/A KATHY A. SWOPE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 02-3510 CERTIFICATION OF SERVICE I, FRANK FEDERMAN, ESQUIRE, hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court has been sent to the individuals indicated below on October 8. 2003. KATHY SWOPE A/K/A KATHY A. SWOPE 127 BEECH STREET CARLISLE, PA 17013 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Date: October 8, 2003 n C - , -Tj ' mr . co t C: j; rn C_ CJ 2-7 Zi , l k OCT 1 3 2003 VS FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION FIRST BANK NATIONAL ASSOCIATION TRUST U/A DATED 6/1/97 (EQCC HOME EQUITY LOAN TRUST 1997-2) vs. KATHY SWOPE A/K/A KATHY A. SWOPE CUMBERLAND COUNTY No.: 02-3510 ORDER r AND NOW, this /# day of or*b4- 2003, upon consideration of Plaintiffs Motion and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Notice of Sale on the above captioned Defendant(s), KATHY SWOPE A/K/A KATHY A. SWOPE, by mailing a truce and correct copy of the Notice of Sale by certified mail and regular mail to Defendant's last known address. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit of service. `C)-O BY THE COURT: G- N ??: . 1J; ? ._, ??r- C_i -.'- _ _ '? ` ? J - ?? ? ? ?? , ? -J _ ?_. 4q - i f1. L- >) f1, ? 'y FEDERMAN AND PHELAN BY: FRANK FEDERMAN IDENTIFICATION NO. 12248 SUITE 1400 - ONE PENN CENTER PHILADELPHIA, PA' 19103 215) 563-7000 FIRST BANK NATIONAL ASSOCIATION TRUST U/A DATED /1/97 (EQCC HOME EQUITY LOAN TRUST 1997-2) VS. KATHY SWOPE A/K/A KATHY A. SWOPE ATTORNEY FOR PLAINTIFF CLMBERLAND COUNTY COURT OF COMMON PLEAS CPTIL DIVISION NO. 02-3510 I hereby certify that matter was sent by re person(s) KATHY SW STREET, CARLISLE, 2003. The undersigned s4904 relating to un i true and correct copy of the Notice of Sheriffs Sale in the above captioned ;ular mail and certified mail, return receipt requested, to the following APE A/K/A KATHY A. SWOPE on QCTnRFR 17 ?003 at 127 BEECH PA 17013, in accordance with the Order of Court dated, QC10BER 14 falsificaton to authorities. that this statement is made subject to the penalties of 18 PA. C.S. FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF DATE: October 20, 4121 2332 ?160 3901 9844 THY ??x10PE E1 AKA KpTH,i Sw?Sly 1 013 I?c -to.. 1216 ISLE, v p, CARL SENDER' TEAM 2 lRL REFERENCE' 39? June 2 ', PS Form posta9a RETURN REce0f Certifle SERy1OE Fteturr Pests Totat g Fees tCOR DATA ,\ POSTDAAF us Postal $eNwe Receapt io, ied pail Certif pfovded No Insurance CwaeangaCona Ms '+ Do Not Use for IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST BANK NATIONAL ) CIVIL ASSOCIATION TRUST U/A DATED ) 6/1/97 (EQCC HOME EQUITY LOAN TRUST 1997-2) VS. CIVIL DIVISION NO. 023510 KATHY SWOPE A/K/A KATHY A. SWOPE AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for FIRST BANK NATIONAL ASSOCIATION TRUST U/A DATED 6/1/97 (EQCC HOME EQUITY LOAN TRUST 1997-2) hereby verify that on August 15, 2003 truc 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: November 4, 2003 FRANK FEDEiRMAN, ESQUIRE Attorney for Pllaintiff 6 •• •.• . .z to A W N O b W J O? to A W N ? rn 6 ?6 m ?, a a W z c 3 c n ?' Y ro I'`I CrJ 0 O d O z a 3 a E R? h ??, H O H °o M r ,y I a R y ro y o m z a7 s1 ? 0 'm F !/O a o n ? ? d n n ro 0 0 o ti r O C) N??oB. ro yx $ ro < a. E R Q ?' b7 O t7l R 5 R o ' k „? F ?? ? Os m? a m _#a c? a 13 < pSf'P os, ) W ? ? ? ? ' Z ® mwmw it no'^as ° $ 01.20 14 C sig. C2 0004300377 w' 3 MAI:ED FRINd CIF GODS " - - 2 a E R o o?z »?aw ? ag ayP CL 7 0+ ? L??'1 o w ?7 co m ;ti G ? y x8 o w <? i' r ? C N a FFhERMAN AND PHELAN BY: - `FRANK FEDERMAN, ESQUIRE ATTORNEY I.D. NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 FIRST BANK NATIONAL ASSOCIATION TRUST U/A DATED 6/1/97 (EQCC HOME EQUITY LOAN TRUST 1997-2) V. KATHY SWOPE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO: 02-3510 CUMBERLAND COUNTY PRAECIPE TO MARK JUDGMENT TO USE OF PLAINTIFF TO THE PROTHONOTARY: Please mark the judgment in the amount of $84,111.97 in the above captioned matter to the use of FAIRBANKS CAPITAL CORP., 338 S. 19044 DATE:Janu_ary 23, 2004 WARMINSTER ROAD, HATBORO, PA FEDERMAN, IRE Attorney for Plaintiff ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of FAIRBANKS CAPITAL CORP., 338 S. WARMINSTER ROAD, HATBORO, PA 19044 FRANK EDERMAN, ESQUIRE DATE: January 23, 2004 Attorney for Plaintiff ?, V 49, ?Q V cn_- r o N cll ? ?C: "l7 d? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Fairbanks Capital Corp is the grantee the same having been sold to said grantee on the I Oth day of Dec A.D., 2003, under and by virtue of a writ Execution issued on the 19th day of Aug, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Tenn, 2002 Number 3510, at the suit of First Bank Natl Assoc Tr against Kathy Swope aka Kathy A is duly recorded in Sheriff's Deed Book No. 261, Page 2797. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D2004 1 corder of Deeds =ftt1*d FA *fto First Bank National Association Trust In The Court of Common Pleas of U/A dated 6/1/97 (EQCC Home Equity Cumberland County, Pennsylvania Loan Trust 1997-2) Writ No. 2002-3510 Civil Term VS Kathy Swope a/k/a Kathy A. Swope 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: Kathy Swope a/k/a Kathy A. Swope, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sheriffs Sale and Description as NOT FOUND, as to the within defendant, Kathy Swope a/k/a Kathy A. Swope. Mail carrier advised the Deputies that the defendant has moved, but they (the Post Office) have no information on her. Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on October 20, 2003 at 8:43 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 Kathy Swope a/k/a Kathy A. Swope located at 127 Beech Street, Carlisle, 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: Kathy Swope a/k/a Kathy A. Swope, by regular mail to her last known address of 127 Beech Street, Carlisle, PA 17013. This letter was mailed under the date of October 28, 2003 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 December 10, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $50,000.00 to Attorney Frank Federman for Fairbanks Capital Corporation. It being the highest bid and best price received for the same, Fairbanks Capital Corporation of 338 South Warminster Road, Hatboro, PA 19404, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $6,500.00. Sheriffs Costs Docketing $30.00 Poundage 1,000.00 Posting Bills 30.00 Advertising 30.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library Prothonotary 1.00 Mileage 6.90 Levy 30.00 Surcharge 30.00 Law Journal 642.05 Patriot News 431.29 Share of Bills 28.90 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 2,364.64 Sworn and subscribed to before me This V?-- day of 2004, A.D. P (o / othontary So Answers: _65e? R. Thomas Kline, Sheriff BY,,? Real Estate eputy j0 0 ??v42 4309 jq73( SCHEDULE OF DISTRIBUTION SALE NO. 38 Date Filed: January 9, 2004 Writ No. 2002-3510 Civil Term First Bank National Association Trust U/A Dated 6/1/97 (EQCC Home Equity Loan Trust 1997-2) VS Kathy Swope a/k/a Kathy A. Swope Sale Date: December 10, 2003 Buyer: First Bank National Association Trust U/A Dated 6/1/97 (EQCC Home Equity Loan Trust 1997-2) Bid Price: $50,000.00 Real Debt: $84,111.97 Interest: 5,988.39 Attorney Costs: 1,459.39 Total: $91,559.75 DISTRIBUTION: Receipts: Cash on account (08/28/03): $ 1,500.00 Cash on account (12/10/03): 5,000.00 Credit Writ No. 2002-3510: 43,500.00 Total Receipts: $50,000.00 Disbursements: Sheriffs Costs Legal Search Cumberland County Tax Claim Bureau South Middleton Township Attorney Federman Credit Writ No. 2002-3510 Total Disbursements: Balance for distribution: So Answers: R. Thomas Kline Sheriff $ 2,364.64 400.00 1,649.88 277.96 1,807.52 43,500.00 ($50,000.00) 0.00 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-3510 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST BANK NATIONAL ASSOCIATION TRUST U/A DATED 6/1/97 (EQCC HOME EQUITY LOAN TRUST 1997-2), Plaintiff (s) From KATHY SWOPE A/K/A KATHY A. SWOPE, (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 $84,111.97 L.L. Interest FROM 8/28/02 TO 12/10/03 (PER DIEM - $13.83) - $5,988.39 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $1,459.39 Other Costs Plaintiff Paid Date: AUGUST 19, 2003 CURTIS R. LONG Prothonota (Seal) Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 Real Estate Sale # 38 On August 28, 2003 the sheriff levied upon the defendant's interest in the real property situated in North Newton Township, Cumberland County, PA known and numbered as 127 Beech Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 28, 2003 By: 0- Rea l Est Deputy s rC +? U LS Z It 104 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, 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 Patriot-News and The 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 28th day(s) of October and the 4th and 11th day(s) of November 2003. 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. ?_. ,......f ....... PUBLICATION ........... COPY SALE#38 REAL ESTATE SALE No. 38 W rst No. 2002-3510 Civil Term First Bank National Association Trust U/A dated 6/1/97 (EOCC Home Equity Loan Trust 1997-2) Vs Kathy Swope a/k/a Kathy A. Swope Atty: Frank Federman DESCRIPTION ALL those two certain tracts of land situate in the Township of South Middleton Township, County of Cumberland, and Commonwealth of Pennsylvania, numbered and described in accordance with Plot Plan of Bonny Heights dated June 1, 1925, and recorded in the hereinafter named Recorder's Office in Plan Book 2, Page 61, and as shown on the attached Draft of Survey made by Roger St. Germain and Associates dated January 10, 1%1, which Plot Plan and Draft of Survey are each incorporated herein by reference, as follows: Sworn before m.e?*is 19th day A. D. Notarial Seal v l/l?,,+ rry L. Russell, Notary Public fHarnsburg,Dauphint,ounty NOT RY PUBLIC on Expires June 6, 2006 ommissi ::( Member, Pennsylvania Association Of Notaries My commission expires June 6, 2006 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 $ 431.29 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers OT generai circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By ........................................... TRACT NO. I: BEGINNING at a point on the northern line of 50 feet wide Beech Street at the dividing line between Lots Nos. 6 and 8 of Block "B" as shown on said Plot Plan of Bonny Heights; thence from said point at the Place of Beginning along said dividing line between said Lots Nos. 6 and 8 of Block "B" (Tract No. 2 hereinafter described being the southern portion of said Lot No.6 of Block `B"), North 32 degrees 08 minutes East a distance of 100 feet to a point in line of land now or formerly of John S. Weibley; thence along line of said land now or formerly of John S. Weibley and throutlh a portion of Lot No.8 of Block "B", South 57 degrees 52 minutes East a distance of 41.4 feet to an iron pin in line of land now or formerly of Lester C. Comman and wife; thence along the western line of said land now or formerly of Lester C. Comman and through a portion of said Lot No.8 of Block "B", South 32 degrees Q8 minutes West a distance of 100 feet to a mark on top of a concrete curb on the northern line of 50-feet-wide Beech Street; thence along the northern line of 50-feet-wide Beech Street, North 57 degrees 52 minutes West a distance of 41.4 feet to the southeastern corner of Tract No. 2 hereinafter described at the Place of BEGINNING. THE ABOVE described Tract No. I is the westernmost 41.4 feet of the southern 100 feet of Lot No. 8 of Block "B" as shown on said Plot Plan of Bonny Heights recorded as aforesaid. TRACT NO. 2: BEGINNING at a point on the northern line of 50 feet wide Beech Street at the 'dividing line between Lots Nos. 6 and 8 of Block "B" as shown on said Plot Plan of Bonny Heights recorded as aforesaid, whch point at the Place of Beginning is the southwestem comer of Tract No. I above described; thence along the northern line of said 50 feet wide Beech Street, North 57 degrees 52 minutes West a distance of 50 feet to an iron pin at the dividing line between Lots Nos. 6 and 4 of Block "B", thence along said dividing line between said Lots Nos. 6 and 4 of Block "B", which Lot No. 4 is land now or formerly of Park Shughart, North 32 degrees 08 minutes East a distance of 100 feet to an iron pin at the southwestern comer of land now or formerly of John S. Ege; thence along line of said land now or formerly of John S. Ege and through said Lot No. 6 of Block "B", South 57 degrees 52 minutes East a distance of 50 feet to a point at the northwestern corner of Tract No. I above described; thence along the dividing line between Tracts No. I and 2 herein described which is a portion of the dividing line between Lots Nos. 4 and 6 of Block "B", South 32 degrees 08 minutes West a distance of 100 feet to a point on the northern line of 50 feet wide Beech Street at the Place of BEGINNING. THE ABOVE described Tract No. 2 is the southern 100 feet of Lot No. 6 of Block "B" as shown on said Pl t Plan of Bonny Heights recorded as aforesaid. A dwelling house known as and numbered 127 Beech Street is erected on the above described Tracts Nos. 1 and 2, which dwelling house has the mailing address of 127 Beech Street, CaThAc, Pennsylvania 17013. TAX PARCEL #22-0487-060. TITLE TO SAID PREMISES is vested in Kathy A. Swope, a single person, by Deed from John M. Bouder and Pearl W. Bouder, husband and wife, joined by Jeffrey C. Swope, a married person, dated 5/17/1995 and recorded 8/2911995 in Deed Book 127, Page 360. 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: OCTOBER 17, 24, 31, 2003 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 statemdhts as to time, place and character of publication are true. REAL ESTATE BALE NO. 38 Writ No. 2002-3510 Civil First Bank, National Association Trust U/A dated 6/1/97 (EQCC Home Equity Loan Trust 1997-2) vs. Kathy Swope, a/k/a Kathy A. Swope Atty.: Frank Federman ALL those two certain tracts of land situate in the Township of South Middleton Township, County of Cumberland, and Commonwealth Editor SWORN+TO AND SUBSCRIBED before me this 31 day of OCTOBER, 2003m LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5. 2005 of Pennsylvania, numbered and de- scribed in accordance with Plot Plan of Bonny Heights dated June 1, 1925, and recorded in the herein- after named Recorder's Office in Plan Book 2, Page 51, and as shown on the attached Draft of Survey made by Roger St. Germain and Associates dated January 10, 1961, which Plot Plan and Draft of Survey are each incorporated herein by ref- erence, as follows: TRACT NO. 1: BEGINNING at a point on the northern line of 50 feet wide Beech Street at the dividing line between Lots Nos. 6 and 8 of Block "B" as shown on said Plot Plan of Bonny Heights; thence from said point at the Place of Beginning along said dividing line between said Lots Nos. 6 and 8 of Block "B" (Tract No. 2 hereinafter described being the southern portion of said Lot No. 6 of Block "B"), North 32 degrees 08 minutes East a distance of 100 feet to a point in line of land now or for- merly of John S. Weibley; thence along line of said land now or for- merly of John S. Weibley and through a portion of Lot No. 8 of Block "B", South 57 degrees 52 min- utes East a distance of 41.4 feet to an iron pin in line of land now or formerly of Lester C. Cornman and wife; thence along the western line of said land now or formerly of Lester C. Cornrnan and through a portion of said Lot No. 8 of Block "B", South 32 degrees 08 minutes West a distance of 100 feet to a mark on top of a concrete curb on the northern line of 50 feet wide Beech Street; thence along the northern line of 50 feet wide Beech Street, North 57 degrees 52 min- utes West a distance of 41.4 feet to the southeastern corner of Tract No. 2 hereinafter described at the Place of BEGINNING. THE ABOVE described Tract No- I is the westernmost 41.4 feet of the southern 100 feet of Lot No. 8 of Block "B" as shown on said Plot Plan of Bonny Heights recorded as aforesaid. 'T'RACT NO. 2: BEGINNING at a point on the northern line of 50 feet wide Beech Street at the dividing line between Lots Nos. 6 and 8 of Block "B" as shown on said Plot Plan of Bonny Heights recorded as afore- said, which point at the Place of Beginning is the southwestern cor. ner of Tract No. 1 above described: thence along the northern line of said 50 feet wide Beech Street. North 57 degrees 52 minutes West a distance of 50 feet to an iron pin at the dividing line between Lots Nos. 6 and 4 of Block "B", thence along said dividing line between said Lots Nos. 6 and 4 of Block "B", which Lot No. 4 is land now or for- merly of Park Shughart, North 32 degrees 08 minutes East a distance of 100 feet to an iron pin at the southwestern corner of land now or formerly of John S. Ege; thence along line of said land now or for- merly of John S. Ege and through said Lot No. 6 of Block "B", South 57 degrees 52 minutes East a dis- tance of 50 feet to a point at the northwestern corner of Tract No. 1 . above described; thence along the dividing line between Tracts No. 1 and 2 herein described which is a portion of the dividing line between Lots Nos. 4 and 6 of Block "B". South 32 degrees 08 minutes West a distance of 100 feet to a point on the northern line of 50 feet wide Beech Street at the Place of BEGIN- NING. THE ABOVE described Tract No. 2 is the southern 100 feet of Lot No. 6 of Block "B" as shown on said Plot Plan of Bonny Heights recorded as aforesaid. A dwelling house known as and numbered 127 Beech Street is erected on the above described Tracts Nos. 1 and 2, which dwell- ing house has the mailing address of 127 Beech Street, Carlisle, Penn- sylvania 17013. TAX PARCEL #22-0487-060. TITLE TO SAID PREMISES IS VESTED IN Kathy A. Swope, A Single Person by Deed from John M. Bouder and Pearl W. Bouder, Husband and Wife joined by Jef- frey C. Swope, A Married Person dated 5/17/1995 and recorded 8/ 29/1995 in Deed Book 127, Page 360.