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HomeMy WebLinkAbout03-0718GOLDBECK Mc@AFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #1~132 SUITE 500 - THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 Plaintiff VS. JEFFREY A. GUMP Mortgagor(s) and Real Owner(s) 120 Heron Way Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. Oa CIVIL ACTION: MORTGAGE !=ORECLQSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING TRE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set foH.h in the following pages, you must take action within twenty (20) days after the 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 ftmher notice for any money claim in the Complaint offer any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you~ YOU SHOULD TAKE TI-IlS POPER TO YOUR LAWYER AT ONCE. OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HEL%.YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE CUMBERLAND COUNTY BAR ASSOCIATION 2 L~erty Avenue Carlisle, PA 17013 LEGAL SERVICES 1NC 8 Irvine Row Carlisle, PA 17013 717-243-9400 AVISO LE I-lAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUN'TO DE VISTA DE USTED Y CUALQU1ER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243 -9400 o COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is COLUMBIA NATIONAL INC., 7142 Columbia Gateway Drive, Columbia, MD 21046- 2132. The name(s) and address(es) of the Defendant(s) is/are JEFFREY A. GUMP, 120 Heron Way, Carlisle, PA 17013, who is/are the mortgagor(s) and real owner(s) of the mortgaged premises hereinafter described. On October 22, 1997 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to COLUMBIA NATIONAL INC., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1412 Page 29. These documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payment of principal and interest upon said mortgage due September 01, 2002, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest from 08/01/2002 through 02/28/2003 at 7.6250% Per Diem interest rate at $16.46 Attorney's Fee at 5.0% of Principal Balance Late Charges from 09/01/2002 to 02/28/2003 Monthly late charge amount at $29.34 Costs of suit and Title Search Escrow Debit Monthly Escrow amount $149.74 $78,793.51 $3,489.52 $3,939.68 $176.03 $900.00 $87,298.74 +$231.60 $87,530.34 The Attorney's Fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale reasonable Attorney's Fees will be charged based on work actually performed. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant(s) by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A". The Defendant(s) has/have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant(s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure in the sum of $87,530.34, together with interest at the rate of $16.46, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. By: GOL~ BY: Jo~ ATTOm, ,H A. CRSLDBECK, JR., ESQUIRE Y FOR PLAINTIFF VERIFICATION I, Joseph A. Goldbeck Jr., as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: -If-o , - OCJ8542-OOO24/October 3, 1997/RHW/PAR/100743 LEGAL DESCRIPTION MIDDLETON ESTATES, PHASE 2 LOT NO. 16-C ALL THAT CERTAIN tract or parcel of land situate in the Township of North Middleton, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern right-of-way line of Heron Way, at the southwest corner of Lot No. 16-B on the hereinafter described Final Subdivision Plan: THENCE along the southern line of said Lot No. 16-B, South 54 degrees 45 minutes 52 seconds East a distance of 128.40 feet to a point on the western line of Lot No. 18-A on the hereinafter described Final Subdivision Plan; THENCE along the western line of said Lot No. 18-A, South 31 degrees 55 minutes 00 seconds West a distance of 20.034 feet to a point at the northeast corner of Lot No. 16-D on the hereinafter described Final Subdivision Plan; THENCE along the northern line of Lot No. 16-D, North 54 degrees 45 minutes 52 seconds West, a distance of 129.56 feet to a point on the eastern right-of-way line of Heron Way; THENCE along the eastern right-of- way line of Heron Way, North 35 degrees 14 minutes 08 seconds East a distance of 20.00 feet to a point at the southwest corner of Lot No. 16-B on the hereinafter described Final Subdivision Plan, the point and place of BEGINNING. CONTAINING 2,579.60 square feet, more or less. BEING Lot No. 16-C of Final Subdivision Plan - Phase 2, Middleton Estates, prepared by Hartman & Associates, Inc., and recorded in the Office of the Recorder of Deeds of cumberland County in Plan Book 72, Page 116. UNDER AND SUBJECT to a five (5) foot access easement across the eastern portion of the premises as shown on the hereinafter described Final Subdivision Plan. AND UNDER AND SUBJECT to the Bylaws of Middleton Estates Community Association, Inc. recorded in Cumberland County Miscellaneous Book 340, Page 597, First Amendment to Bylaws of Middleton Estates Community Association, Inc., dated August 28, 1997, recorded in the office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 556, Page 658, and Declaration of Reciprocal Easements Applicable to Middleton Estates - Phase 2, dated April 24, 1997, recorded in the Office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 546, Page 775. October 23, 2002 Jeffrey Gump 120 Heron Way Carlisle, PA 17013 TY,,HIBIT A Re: Columbia National No. 3366968 120 Heron Way Carlisle, PA 17013 Dear Borrower: APPENDIX A m m COLUMBIA NATIONAL. Postage Certified Fee ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE* This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER,S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the programs works. To see if HEMAP 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 meet with the Counseling Agency. This name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Agency toll free at 1-800-342-2397. (Persons with impaired hearing 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 to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES 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 PROGRAM LLAMADO "HOMEOWNERS 'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM,, EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. ~1;?C ', ,G ,' ~ HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"}, YOU 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 THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face- meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counsellng agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone n,,mhers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. .Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the 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 Homeowner,s Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit couneling agencies have applications 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 AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for ez~rgency 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 recieves 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 Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). HOW TO CURE YOU MORTGAGE DEFAULT (Bring it up tp Date). NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender on your property located at: 120 Heron Way Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: YOUR HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: PAYMENTS $1,473.02 NSF FEES $.00 LATES $73.41 OTHER FEES $16.00 LESS FUNDS ON-HAND $.00 TOTAL $1,562.43 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): 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 $1,562.43 PLUS A/FY 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: Columbia National, Incorporated 7142 Columbia Gateway Drive Columbia, Maryland 21046 IF 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 rights to accelerate the mortgage debt. This 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 monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney'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 you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- 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 SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclose proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately Six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent 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 what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Damon Conway MORTGAGE LOAN COUNSELOR Columbia National, Incorporated 7142 Columbia Gateway Drive Columbia, Maryland 21046 (800)444-7963 EXT 2579 (410)872-2000 EXT 2579 EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. 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 started by the lender at any time. ASSUMPTION OF MORTGAGE -- You __ may or may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale an~ that the other requirements o£ the mortgage 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 ~ THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE TF_AN THREE TIMES IN D2~;Y CALENDAR YEAR. ) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ~ FORECLOSURE PROCEEDING OR ~ OTHER LAWSUIT INSTITUTED UArDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAy HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION I/NDER THE FEDERAL BA/~KRUPTCY LAW. CONSUMER CREDIT COUi~SELING AGENCIES SERVING YOUR COUlqTY SHERIFF'S RETURN - REGULAR CASE NO: 2003-00718 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COLUMBIA NATIONAL INC VS GUMP JEFFREY A KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GUMP JEFFREY A the DEFENDANT , at 1925:00 HOURS, on the 24th day of February , 2003 at 120 HERON WAY CARLISLE, PA 17013 JEFFREY GUMP by handing to 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: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this Y ~ day of ~~ ~D A.O. t /-Prothonotary ' ' So Answers: R. Thomas Kline 02/25/2003 GOLDBECK MCCAFFERTY MCKEEVER By: In the Court of Common Pleas of Cumberland County COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 VS. JEFFREY A. GUMP (Mortgagor(s) and Record Owner(s)) 120 Heron Way Carlisle, PA 17013 Plaintiff Defendant(s) No. 03-718 CIVIL TERM PRAECIPE FOR JUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against JEFFREY A. GUMP by default for want of an Answer. Assess damages as follows: $88,153.84 Debt Interest - 08/01/2002 to 03/27/2003 Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, atter the default occurred and at least ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 Joseph A. G~a~/ Attorney fo~ ~lain[~ff I.D. #16132~ ANO NOW ~n_'t\ I , ~¢a~ , Judgment is entered in favor of COLUMBIA NATIONP[L'II~C. and ~gains~ JEFFREY A. (~b~'default for want of an Answer and damages_assessed in GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.//16132 Suite 500 - The Bourse Bldg. 111 S. Indepef. dence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 VS. JEFFREY A. GUMP (Mortgagor(s) and Record owner(s)) 120 Heron Way Carlisle, PA 17013 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 03-718 CIVIL TERM ORDER FOR JUDGMENT Please enter Judgment in favor of COLUMBIA NATIONAL INC., and against JEFFREY A. GUMP for failure to file an Answer in thc above action within (20) days (or sixty (60) days if defendant is thc United States of America) from thc date of service of the Complaint, in the sum of $88,1~ .84. Joseph A. Go_l.d~..~.~ [J~. Attorney for Pl~fil I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 and that the name(s) and last known address(es) of the Defendant(s) is/are JEFFREY A. GUMP, 120 Heron Way Carlisle, PA 17013; GOLDBECK ~ERTY & McKEEVER BY: Joseph A. t~oldb{ck, Jr. Attorney for Pl~tintiff ~ . ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $78,793.51 Interest from 08/01/2002 through 03/27/2003 $3,933.94 Attorney's Fee at 5.0000% of principal balance $3,939.68 Late Charges $205.37 Costs of Suit and Title Search $900.00 Escrow Balance Deficit $381.34 $88,153.84 GOLDBECK ~I~ERTY & McKEEVER BY: Joseph A. 9pldbe~k, Jr. Attorney for Pla~htiff { AND NOW, this ] ~ day of ~?t~.~. ~.~, 2003 damages are assessed as above. VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non- Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, JEFFREY A. GUMP, is about unknown years of age, that Defendant's last known residence is 120 Heron Way, Carlisle, PA 17013, and is engaged in the unknown business located at unknown address. 2. That 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 Action of Congress of 1940 and its Amendments. Date: THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: March 17, 2003 TO: JEFFREY A. GUMP 120 Heron Way Carlisle, PA 17013 COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 VS. JEFFREY A. GUMP (Mortgagor(s) and Record Owner(s)) 120 Heron Way Carlisle, PA 17013 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure TenTl No. 03-718 CIVIL TERM TO: JEFFREY A. GUMP 120 Heron Way Carlisle, PA 17013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO 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: CUMBEI~uAND COUNTY BAR ASSOCIATION 2 Libe~y Avenue Carlisle~ PA 17013 LEGAL SERVICES INC 8 lrvlnc Row Carlisle, PA 17013 717-243-9400 EVER Attorney for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. G01dbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 VS. JEFFREY A. GUMP Mortgagor(s) and Record Owner(s) 120 Heron Way Carlisle, PA 17013 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 03-718 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 08/01/2002 to 03/27/2003 at 7.6250% (Costs to be added) $88,153.84 GOLDBECK h~II2~RTY & McKEEVER BY: Joseph A. ~]oldl~c~, Jr. Attorney for Plflfntiff[ ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATE IN THE TOWNSFtIP OF NORTH MIDDLETON, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE EASTERN RIGHT-OF-WAY LINE OF HERON WAY, AT THE SOUTHWEST CORNER OF LOT NO. 16-B ON THE HEREINAFTER DESCRIBED FINAL SUBDIVISION PLAN: THENCE ALONG THE SOUTHERN LINE OF SAID LOT NO. 16-B, SOUTH 54 DEGREES 45 MINUTES 52 SECONDS EAST A DISTANCE OF 128.40 FEET TO A POINT ON THE WESTERN LINE OF LOT NO. 18-A ON THE HEREINAFTER DESCRIBED FINAL SUBDIVISION PLAN; THENCE ALONG THE WESTERN LINE OF SAID LOT NO. 18-A, SOUTH 31 DEGREES 55 MINUTES 00 SECONDS WEST A DISTANCE OF 20.034 FEET TO A POINT AT THE NORTHEAST CORNER OF LOT NO. 16-D ON THE HEREINAFTER DESCRIBED FINAL SUBDIVISION PLAN; THENCE ALONG THE NORTHERN LINE OF 16-D, NORTH 54 DEGREES 45 MINUTES 52 SECONDS WEST, A DISTANCE OF 129.56 FEET TO A POINT ON THE EASTERN RIGHT-OF-WAY LINE OF HERON WAY; THENCE ALONG THE EASTERN RIGHT-OF-WAY LINE OF HERON WAY; THENCE ALONG THE EASTERN RIGHT-OF- WAY LINE OF HERON WAY, NORRTH 35 DEGREES 14 MINUTES 08 SECONDS EAST A DISTANCE OF 20.00 FEET TO A POINT AT THE SOUTHWEST CORNER OF LOT NO. 16-B ON THE HEREINAFTER DESCRIBED FINAL SUBDIVISION PLAN, THE POINT AND PLACE OF BEGINNING. CONTAINING 2,579.60 SQUARTE FEET, MORE OR LESS. BEING LOT NO. 16-C OF FINAL SUBDIVISION PLAN-PHASE 2, MIDDLETON ESTATES, PREPARED BY HARTMAN & ASSOCIATES, INC., AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY IN PLAN BOOK 72, PAGE 116. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-718 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COLUMBIA NATIONAL INC., Plaintiff (s) From JEFFREY A. GUMP, 120 HERON WAY, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $88,153.84 L.L. $.50 Interest FROM 8/1/2002 TO 3/27/2003 AT 7.6250% Atty's Comm % Due Prothy Atty Paid $113.45 Other Costs Plaintiff Paid Date: APRIL 1, 2003 (Seal) CURTIS R. LONG Prothono/t~t~y Deputy $1.00 REQUESTING PARTY: Name JOSEPH A. GOLDBECK, ESQUIRE Address: GOLDBECK McCAFFERTY & McKEEVER SUITE 500 - THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Jospeh A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 VS. JEFFREY A. GUMP Mortgagor(s) and Record Owner(s) 120 Heron Way Carlisle, PA 17013 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 03-718 CIVIL TERM CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. Joseph A. ~~i Attorney f~ plair~tiff Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The'Bourse Bldg. 111 S. In4ependence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 VS. JEFFREY A. GUMP (Mortgagor(s) and Record Owner(s)) 120 Heron Way Carlisle, PA 17013 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 03-718 CML TERM AFFIDAVIT PURSUANT TO RULE 3129 COLUMBIA NATIONAL INC., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praeeipe for the writ of execution was filed the following information concerning the real property located at: 120 Heron Way Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): JEFFREY A. GUMP 120 Heron Way Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: JEFFREY A. GUMP 120 Heron Way Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: CHASE MANHATTAN BANK 1301 Office Center Drive, #200 Ft. Washington, PA 19034 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiffhas knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS / OCCUPANTS 120 Heron Way Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. DATED: March 27, 2003 GOLDBECK McC41]~F BY: Joseph A. Gol.c~oJ~ck Attorney for Plaintitt~ .IE & McKEEVER sq. 03-718 CIVIL TERM GO, LDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 vs. JEFFREY A. GUMP Mortgagor(s) and Record Owner(s) 120 Heron Way Carlisle, PA 17013 Plaintiff Defendant(s~ IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE TerlTl No. 03-718 CIVIL TERM THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SI:[ERIFF'S SAI,E OF REAL PROPERTY TO: GUMP, JEFFREYA. JEFFREY A. GUMP 120 Heron Way Carlisle, PA 17013 Your house at 120 Heron Way, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, September 03, 2003, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $88,153.84 obtained by COLUMBIA NATIONAL INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SAI,F. To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to COLUMBIA NATIONAL INC., the back payments, late charges, costs and reasonable attorney's fees due. To fred out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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 proceedings. 03-718 CIVIL TERM 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 below on how to obtain an attorney). YOU MAY STILL BE ARI,E TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHT,'.; EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may f'md out the price bid price by calling the Sheriff of 717-240-6390. 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 f'md out if this has happened, you may call the Sheriff of 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 a 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 Shefiffthirty (30) days from the date of the Sheriff's 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house 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 BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 At~ome for Plaintiff COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 Plaintiff VS. JEFFREY A. GUMP Mortgagor and Record Owner 120 Heron Way Carlisle, PA 17013 Defendant IN THE; COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 03-718 CIViL TERM CERTIFICATE OF SERVICE PURSUANT TO Pa. ILC.P. 3129.2 (c) (2) Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: Personal Service by the Sheriffs Office/~m~l'rtt~n~ (copy of return attached). (~ Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). ( Certified mail by Sheriffs Office. ( Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of rec°rd' IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached)' ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, B~J~geph~Ooldbeck, J . P~omey for Plaintiff 7160. 3901,9844 3518 9947 TO.' GUMp, JEFFREYA. JEFFREY A. GUMP 120 Heron Way Carlisle, pA 17013 SENDER: GOLDBECK MCCAFFERTY & MCKEEVER March 27, 2003 REFERENCE: (~v~r, a~v~P.~v A. / PW-O~e9 09/03/03 .. Cumberland ~PS Form 3800, June 2000 RETURN Postage US Postal Service Receipt for Certified Mail NO insurance Coverage Provided Do Not Use for international Mail AFFIX POSTAGE TO MAIL pIECE TO cOVER FIRS~f CLASS , POSTAGE, CERTIFIED FEE, RETURN RECEIPT FEE AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. 1, Detach the form 3811, Domestic return receipt by tear- ing left to right across perf. Attach to mailpiece by peeling back the adhesive strips and affixing to fror~t of mailpffios if space permits. Otherwise affix te back of mailpiece. 2. if you do not want the receipt postmarked, stick the article # label to the right of the return address, date receipt and retain the reosip~. 3. If you want this receipt postmarked, slip the 3B00 receipt between the return receipt, amd the mai[piece, am:[ slide the edge of the receipt to the gummed edge of adhesive. This will hold the receipt in place to present to your maiicenter, or post office service window. (SEE iLLUSTRATION) 4, Enter fees for the services requested in the appropriate spaces on the front of this receipt. 5. Save this receipt and present it if you make an inquiry. Columbia National, Inc. VS Jeffrey A. Gump In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-7 ~8 Civil Term David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on May 27, 2003 at 6:42 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Jeffrey A. Gump, by making known unto Jeffrey Gump, personally, at 120 Heron Way, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on July 9, 2003 at 11:49 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 Jeffrey A. Gump located at 120 Heron Way, 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 Sheriffmailed a notice of the pendency of the action to one of the within named defendants, to wit: Jeffrey A. Gump, by regular mail to his last known address of 120 Heron Way, Carlisle, PA 17013. This letter was mailed under the date of July 3, 2003 and never returned to the Sheriffs Office. Sworn and subscribed to before me This ~ day of 2003, A.D. Prothonotary · R. Thomas Klme, Sheriff Real Estate~Deputy GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Allomey I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mail East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 Plaintiff vs. JEFFREY A. GUMP Mortgagor and Record Owner 120 Heron Way Carlisle, PA 17013 Defendant IN THF. COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 03-718 CIVIL TERM SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 312~ COLUMBIA NATIONAL 1NC., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., 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: 120 Heron Way Carlisle, PA 17013 1.Name and address of Owner or Reputed Owner: JEFFREY A. GUMP 120 Heron Way Carlisle, PA 17013 2. Name and address of Defendant in the judgment: JEFFREY A. GUMP 120 Heron Way Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND cOUNTY PO Box 320 Carlisle, PA 17013 IRS Federal Building, Suite 217 228 Walnut Street Harrisburg, PA 17108-1754 4. Name and address of the last recorded holder of every mortgage of record: CHASE MANHATTAN BANK 1301 Office Center Drive, #200 Ft. Washington, PA 19034 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS / OCCUPANTS 120 Heron Way Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. DATED: July 21, 2003 ' ~OL;~/BI~CK ~cCAFFERTY & McKEEVER B~{/l~oseph A. Goldbeck, Jr., Esq. Afi6mey for Plaintiff 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 Federal Natl Mtg Assoc is the grantee the same having been sold to said grantee on the 3rd day of Se_E! A.D., 2003, under and by virtue of a writ Execution issued on the lsat day of April, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number , at the suit of Columbia Natl Inc against Jeff-rev A Gump is duly recorded in Sheriff's Deed Book No. 25.~, Page 3331. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ,~/~,. day of ~ , A.D. 2003 ~r~fl. ~ d.~-~rderofDeeds Columbia National, Inc. VS Jeffrey A. Gump In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-718 Civil Term David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on May 27, 2003 at 6:42 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Jeffrey A. Gump, by making known unto Jeffrey Gump, personally, at 120 Heron Way, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said tree and correct copy of the same. Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on July 9, 2003 at 11:49 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 Jeffrey A. Gump located at 120 Heron Way, 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 one of the within named defendants, to wit: Jeffrey A. Gump, by regular mail to his last known address of 120 Heron Way, Carlisle, PA 17013. This letter was mailed under the date of July 3, 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 September 3, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Joseph Goldbeck for Federal National Mortgage Association. It being the highest bid and best price received for the same, Federal National Mortgage Association of Two Galleria Tower Suite 600, 13455 Noel Road, Dallas, TX 75240-5003, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $718.83. Sheriffs Costs: Docketing $30.00 Poundage 14.09 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 6.90 Levy 15.00 Surcharge 20.00 Law Journal 260.75 Patriot News 207.19 Share of Bills 28.90 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 718.83 Sworn and subscribed to before me So Answers: This ~ day of (~e~ f~____~ ~e~ R. Thomas Kline, Sheriff Real EstatODeputy Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 VS. JEFFREY A. GUMP (Mortgagor(s) and Record Owner(s)) 120 Heron Way Carlisle, PA 17013 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 03-718 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 COLUMBIA NATIONAL INC., Plaintiffin the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was fried thc following/nformation concerning the real property located at: 120 Heron Way Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): JEFFREY A. GUMP 120 Heron Way Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: JEFFREY A. GU/vIP 120 Heron Way Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enfomement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: CHASE MANHATTAN BANK 1301 Office Center Drive, #200 Ft. Washington, PA 19034 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaint/fills knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintifflls knowledge who has any interest in the property which may be affected by the sale. TENANTS / OCCUPANTS 120 Heron Way Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or infomt/on and belief. I understand that false statements herein are made subject to the penalt/es of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. DATED: March 27, 2003 cC~ ~j ~OLDBECK M ITT & McKEEVER BY: Joseph A. Gol~opck ¥., Esq. Attorney for Plaint/~ GOLDBECK McCAFFERTY & McKEEVER · BY: Joseph A. Goldbcck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COLUIVIBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046.2132 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff VS. CIVIL ACTION - LAW JEFFREY A. GUMP Mortgagor(s) and Record Owner(s) 120 Heron Way Carlisle, PA 17013 ACTION OF MORTGAGE FORECLOSURE Term No. 03-718 CIVIL TERM Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTI~qG TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ~ IN'FORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: GUMP, JEFFREYA. JEFFREY A. GUMP 120 Heron Way Carlisle, PA 17013 Your house at 120 Heron Way, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, September 03, 2003, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $88,153.84 obtained by COLUMBIA NATIONAL INC. against you. 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: 1. The sale will be cancelled if you pay to COLUMBIA NATIONAL INC., the back payments, late charges, costs and reasonable attorney's fees due. To fmd out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to stxike or open 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 proceedings. 03-718 CIVIL TERM 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 below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIF~"S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the Mghest bidder. You may fred out the price bid price by calling the Sheriff of 717-240-6390. 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 fred out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due fi:om 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 a 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 dislxibution of the money bid for your house will be fried by the Sheriffthirty (30) days from the date of the Sheriffs 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 at, er the schedule of distribution is fried. 7. You may also have other rights and defenses, or ways of getting your house back, if you act /mmediately 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 BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES rNC 8 h'vine Row Carlisle, PA 17013 ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATE 1N THE TOWNSHIP OF NORTH MIDDLETON, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE EASTERN RIGHT-OF-WAY LINE OF HERON WAY, AT THE SOUTHWEST CORNER OF LOT NO. 16-B ON THE HEREINAFTER DESCRIBED FINAL SUBDIVISION PLAN: THENCE ALONG THE SOUTHERN LINE OF SAID LOT NO. 16-B, SOUTH 54 DEGREES 45 MINUTES 52 SECONDS EAST A DISTANCE OF 128.40 FEET TO A POINT ON THE WESTERN LINE OF LOT NO. 18-A ON THE HEREINAFTER DESCRIBED FINAL SUBDIVISION PLAN; THENCE ALONG THE WESTERN L1NE OF SAID LOT NO. 18-A, SOUTH 31 DEGREES 55 MINUTES 00 SECONDS WEST A DISTANCE OF 20.034 FEET TO A POINT AT THE NORTHEAST CORNER OF LOT NC}. 16-D ON THE HEREINAFTER DESCRIBED FINAL SUBDIVISION PLAN; THENCE ALONG THE NORTHERN LINE OF 16-D, NORTH 54 DEGREES 45 MINUTES 52 SECONDS WEST, A DISTANCE OF 129.56 FEET TO A POINT ON THE EASTERN RIGHT-OF-WAY L1NE OF HERON WAY; THENCE ALONG THE EASTERN RIGHT-OF-WAY LINE OF HERON WAY; THENCE ALONG THE EASTERN RIGHT-OF- WAY LINE OF HERON WAY, NORRTH 35 DEGREES 14 MINUTES 08 SECONDS EAST A DISTANCE OF 20.00 FEET TO A POINT AT THE SOUTHWEST CORNER OF LOT NO. 16-B ON THE HEREINAFTER DESCRIBED FINAL SUBDIVISION PLAN, THE POINT AND PLACE OF BEGINNING. CONTAINING 2,579.60 SQUARTE FEET, MORE OR LESS. BEING LOT NO. 16-C OF FINAL SUBDIVISION PLAN-PHASE 2, MIDDLETON ESTATES, PREPARED BY HARTMAN & ASSOCIATES, INC., AND RECORDED 1N THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY IN PLAN BOOK 72, PAGE 116. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-718 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COLUMBIA NATIONAL INC., Plaintiff (s) From JEFFREY A. GUMP, 120 HERON WAY, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: la) an attachment has been issued; lb) 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 $88,153.84 L.L. $.50 Interest FROM 8/1/2002 TO 3/27/2003 AT 7.6250% Atty's Comm % Due Prothy Atty Paid $113.45 Other Costs Plaintiff Paid Date: APRIL 1, 2003 (Seal) Prothonota_ry Deputy $1.00 CURTIS R. LONG REQUESTING PARTY: Name JOSEPH A. GOLDBECK, ESQUIRE Address: GOLDBECK McCAFFERTY & McKEEVER SUITE 500 - THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Real Estate Sale On April 30, 2003 the sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA known and numbered as 120 Heron Way, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: April 30, 2003 Real EstaYe Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 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 22nd and 29th day(s) of July and the 5th day(s) of August 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. PUBLICATION .................. (~/~.........~..~ ~'~.. ~. ............... COPY Sworn to a d~scr~'bed before~ ~-mez~ 13th day of ~gust/2~A.D. Member, Pennsytvana As~ciaio~ Of No~ commission expires June 6, 2006 SALE#8 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 $ 205.44 $ 1.75 $ 207.19 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : 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: JULY 18, 25, 2003 AUGUST 1, 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 statements as to time, place and character of publication are true. R~AL RS?A'I~ $AI2g NO. 8 Writ No. 2003-718 Civil Columbia National inc. VS, Jeffrey A. Gump Atty.: Joseph Goldbeck ALL THAT CERTAIN tract or par- cel of land situate in the Township of North Mlddleton, Cumberland County. pennsylvania, bounded axld described as follows, to wit: BEGINNING at a point oil the eastern right of-way line of Heron Way, at the southwest corner of Lot No. 16-B on the hereinafter de- scribed final subdivision plan: the~3ce along__t, he southern line ~f SWORN TO AND SUBSCRIBED before me this 1 dayof AUGUST, 2003