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HomeMy WebLinkAbout03-1697 FEDERMAN 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 ATIORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CHASE MANHATTAN BANK AS TRUSTEE FOR BANKBOSTON HOME EQUITY LOAN TRUST 1998-1 213 COURT STREET MIDDLETOWN, CT 06457 TERM Plaintiff NO.D3 -L1.97 (!"(J~L~~~ CUMBERLAND COUNTY v. JAMES T. CUOMO 112 MILLERS GAP ROAD SILVER SPRING, P A 17025 Defendant( s) CMLACTION-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 Tms 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 COUNfY CUMBERLAND COUNfY BAR ASSOCIATION 2 LffiERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 Loan #: 9101078533 IF TillS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM TillS 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. 1. Plaintiff is CHASE MANHATIAN BANK AS TRUSTEE FOR BANKBOSTON HOME EQUITY LOAN TRUST 1998-1 213 COURT STREET MIDDLETOWN, CT 06457 2. The name(s) and last known addressees) of the Defendant(s) are: JAMES T. CUOMO 112 MILLERS GAP ROAD SILVER SPRING, P A 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 7/8/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to COASTAL FEDERAL MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1469, Page 216. By Assignment of Mortgage recorded 6/24/99 the mortgage was assigned to BANCBOSTON which Assignment is recorded in Assignment of Mortgage Book No. 617, Page 94. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 11/13/2002 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 Interest 10/13/2002 through 04/11/2003 (Per Diem $22.24) Attorney's Fees Cumulative Late Charges 07/08/1998 to 04/11/2003 Cost of Suit and Title Search Subtotal $78,119.82 4,025.44 1,250.00 64.52 $ 550.00 $ 84,009.78 Escrow Credit Deficit Subtotal TOTAL - 6.53 0.00 $- 6.53 $ 84,003.25 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. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 84,003.25, together with interest from 04/11/2003 at the rate of $22.24 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. FEDE~AN ::;:HEr~ By: ~~ancls S. Hallinan FRANK. FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff T,F.GAI. nF.Sc.RTPTlON All that certain lot or piece of ground with the buildings and improvements thereon erected, being known as Millers Gap Road, Silver Spring, P A, and being further described on that certain Deed dated 7/11/96 and recorded 7/1 'i/96 in the Office of the Recorder of Deeds in (;nmherl::md County in Deed Book No.ill, Page 111. Parcel No. 38-04-0367-022 BEING known as 112 MILLERS GAP ROAD SILVER SPRING, P A 17025 VERInc.'-\ TIO~ FRX\CIS S. H.'-\LLr.\.'-\~. ESQCIRE hereby states that he is attorney for Plaintiff in this matter. that Plainti ff [s outside the jurisdiction of the court and'or the veri fication could not be obtained within the time allowed for the filing of the pleading. that he is authorized to make this \'erification pursu:.mt to Pa. R. C. P. l02-\. \ c), and that the statements made in the foregoing Ci\'il Action in ~lortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge. information and bdief. FunhernlOre. it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. c. S. Sec. 4904 relating to unsworn falsification to authorities. ~s ;J.kL- Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: if lu I 0 ~ I I -;:J(J"<t ~1 ~ --. w~CI1 {'- " 0 J- ~ 1 ..0 f' r?' '0' ~ r ~ ~ C,'-'. [-1 '- ~ -'~ -~ , ( ~,- -,) ()1 € :_2 SHERIFF'S RETURN - REGULAR CASE NO: 2003-01697 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND .... - - ;& CHASE MANHATTAN BANK AS TRUSTE VS - ..... ... - CUOMO JAMES T - - CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of .- ... Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CUOMO JAMES T the DEFENDANT , at 1652:00 HOURS, on the 6th day of May , 2003 at 112 MILLERS GAP ROAD ENOLA, PA 17025 by handing to JAMES T. CUOMO ..... - ... illI 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 Service Affidavit Surcharge 18.00 6.90 .00 10.00 .00 34.90 So Answers: r~~~;~:1~~~ R. Thomas Kline 05/07/2003 FEDERMAN & Sworn and Subscribed to before By: "'" . .. toil f:&.- me this PI '- day of ~ ol~ A.D. ~ - t2 71,,;1... j~ othonotary 41 .. oil .. .. .. . 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 CHASE MANHA TT AN BANK AS TRUSTEE FOR BANKBOSTON HOME EQUITY LOAN TRUST 1998-1 213 COURT STREET MIDDLETOWN, CT 06457 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 03-I697-CIVIL TM v. JAMES T. CUOMO Defendant(s). PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JAMES T. CUOMO and, 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 4/11/03 to 6/10/03 TOTAL $84,003.25 $1,356.64 $85,359.89 I hereby certify that (I) 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. J~ \\ ~9JJ'rln.ru FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED ~ DATE:.....)' ~ . Y: /3 ~~ ~.J./)h ..>~. / PRO PROTHY SHERIFF'S RETURN - REGULAR CASE NO: 2003-01697 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND .. . CHASE MANHATTAN BANK AS TRUSTE VS CUOMO JAMES T CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon the CUOMO JAMES T DEFENDANT , at 1652:00 HOURS, on the 6th day of May at 112 MILLERS GAP ROAD , 2003 ENOLA, PA 17025 by handing to ~ . JAMES T. CUOMO 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 Service Affidavit Surcharge 18.00 6.90 .00 10.00 .00 34.90 So Answers: rS2~..",,1~":,~:-:;?' ~..."'..,:;.r,:? ..~Jl."..,.t.i'~-' .J" ,,~_..-' - -" ,,,,,; .,.",-:;t_.#..s.~"'J'"~ R. Thomas Kline 05/07/2003 FEDERMAN & 4 4 Sworn and subscribed to before By: . me this day of A.D. Prothonotary S-.;ly-03 FEDERMAN AND PHELAN, LLP 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 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (71') ,li1_7000 CHASE MANHATTAN BANK AS TRUSTEE FOR : COURT OF COMMON PLEAS BANKBOSTON HOME EQUITY LOAN TRUST 1998-1 : CIVIL DMSION Plaintiff : CUMBERLAND COUNTY Vs. : NO. 03-1697 CML TERM JAMES T. CUOMO Defendants j.1i~ COp)' TO: JAMES T. CUOMO 112 MILLERS GAP ROAD SILVER SProNG, P A 17025 DATE OF NOTICE: Mil. V 211 2003 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. IMPORT A NT NOTTCE You are in default because you itave 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 ofthis 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 itave 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 LlBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ~;7- FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff t i { ~ .. 8 FJ ~-v ~ ~ p: P;' -J (') (,~-. . "TIC,' ~)[ - L ",-. , - -,' (:=. -', FEDE~ANandPHELAN,LLP By: FRANK FEDE~AN 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 CHASE MANHATTAN BANK AS TRUSTEE FOR BANKBOSTON HOME EQUITY LOAN TRUST CUMBERLAND COUNTY 1998-1 COURT OF COMMON PLEAS 213 COURT STREET CIVIL DIVISION Plaintiff, NO. 03-1697-CIVIL TM v. JAMES T. CUOMO 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 ofthe 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 JAMES T. CUOMO is over 18 years of age and resides at, 112 MILLERS GAP ROAD, SILVER SPRING, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~lil J) rY'i Cr Jv..) FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CHASE MANHATTAN BANK AS TRUSTEE FOR BANKBOSTON HOME EQUITY LOAN TRUST 1998-1 Plaintiff, No. 03-1697-CIVIL TM v. JAMES T. CUOMO Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $85,359.89 Interest from 6/10/03 to DECEMBER 10, 2003 (per diem -$14.03) $2,567.49 and Costs TOTAL $87,927.38 ~~QrU FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. ...:$ OZ m< <> fo;l...l ...l> ~m ZZ OZ ~~ ~ . O~ UZ ...~ 00 ,....U Q:iCl ~Z 0< U;j fo;lfo;l == ,....~ Z~ ....U O~l :1....-r: ,-;:<;: , ~>. : ~3 r;) ;;; "U CL ~;; ::5 (;) ""'<.. > -~...I ~~ ""'0 m...l ~> ,....!:: m~ <0' ~fo;l_ ~fo;lob -~g:; ....0.... ~=,.... ,....zrg ,....0Q:i <,....,.... =m ~O ~~ fo;l< m= <Q:i =0 U... .; .. ..:rA, ~~ . :::d ] ~ p:~ 8~ ~~ .. . . . , iJ ()"l "'! 0 ~ t1~l) o ~ o ~ U ,.. m fo;l ~ < ... . . . .. Z o .... ,.... ~ U fo;l~ ~ :: fo;l = '" ... 0 O<l '" ,.... ... Ci!~ ~ ~ Q:i :" 0-::: ... 0 fo;l~ ~'-' .... U fo;l ;2 ~ , . ~ I o 0- ....J "" " ~ 8 ~ ~ '6,.' ....t " It'l .... <::> ..... .... < ~ r.5 z Ci! ~ m Q:i fo;l > ...l .... m Q < o Q:i ~ < Q m Q:i fo;l ...l ...l .... ~ .... .... .... -d " i:: " on " ..0 ;., " 8 on ... " ~ Co " ... " ..0 ~ Vi on " ... -0 -0 -< ~ ~ r:-t ~ cJ - + '~ 3 ~ !J ALL THAT CERTAIN tract of land situate io. Silver Spring TOWlIShip, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at an iron pin corner being on the W..1 side of MUler's Gap Rood, 1-594. said corner being commoo to lands nOW or formerly of William C, Tmulman, lands now or formerly of l..Oui$ Cnomo, and lands herein described; thence crossing Miller's Gap Road. '1'-594, by lands now or formerly of l..Ouis Cuomo and lands herein described .tbe followinj: IwO courses and distances: (1) North 62 degrees 57 ",inures 29 seconds East, 220.43 n.~ to all iron pin corner. (2) South 27 dew..,. 00 minutes 00 seconds East. 199.71 reef to an iron pin corner, saW corner being common 10 lands aforementioned. lands now or formerly of Ricitard E. Sltambacb. and land., now or formerly of Ernest A. Mader; thence by lands now or formerly of Ernest A. Mader and lands herein described, Snuth 63 degrees 05 minutes 01 second We>t. 220.05 feet 10 a nail in cellWr line of Miller's Gap Road, '1'-594. heing commol1 to ]ands aforementioned and lands now or formcrl)' of Samuel T. Stapleton; thence along alId DnOSS Miller's Gap Road. T-594, by lauds now or formerly of Samuel Staplefon, lands now or formel'ly of William C. Troutman and lands herein described, NOrllt 27 degrees 06 minules 34 seconds Wesl. 199.16 feet LO an iron pin. being the place of beginning. THIS DESCRIPTION is taken from a survey plall prepared by Henry O. Schmidt, Jr., R.S. 29265-E. dated June 1981. HAVING therel)D erecled a single famill' dwelling known and numhored '"' 112 Miller's Gap Road, Enol", Pennsylvania. 'I'lI.X PARCEL #38-04.0367-02Z TITLF. TO SAID PRJ;;M1SES IS VESTED IN James 1. Cuomo by Deed from Louis Cuomo and .<\.nn M. r. Cuomo, his wife dated 711111996 and recorded 7/15/1996 in Record Book 142 Page 712. FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF CHASE MANHATTAN BANK AS TRUSTEE FOR BANKBOSTON HOME EQUITY LOAN TRUST 1998-1 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 03-1697-CIVIL TM JAMES T. CUOMO 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: o 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. JwrthJAIJlJ'rLO rU FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff CHASE MANHATTAN BANK AS TRUSTEE FOR BANKBOSTON HOME EQUITY LOAN TRUST 1998-1 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. JAMES T. CUOMO NO. 03-1697-CIVlL TM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) CHASE MANHATTAN BANK AS TRUSTEE FOR BANKBOSTON HOME EOUlTY LOAN TRUST 1998-1, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .112 MILLERS GAP ROAD. SILVER SPRING. PA 17025. 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAMES T. CUOMO 112 MILLERS GAP ROAD SILVER SPRING, PA 17025 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) AMERICAN ALUMINUM AND INSULATION COMPANY, INC. 150 FULLING MILL ROAD MIDDLETOWN, PA 17057 PENNSYL VANIA POWER AND LIGHT COMPANY 827 HAUSMAN ROAD ALLENTOWN, PA 18104 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) None 5. Name and address of every other person who has any record lien on the property: Last Known Address (if address cannot be reasonably ascertained, please indicate) Name 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 plainliffhas 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 112 MILLERS GAP ROAD SILVER SPRING, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. June 10.2003 DATE ~1)sd,~,. ~ d I }) J'rl. (\ J'0 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff CHASE MANHA TT AN BANK AS TRUSTEE FOR BANKBOSTON HOME EQUITY LOAN TRUST 1998-1 CUMBERLAND COUNTY No. 03-1697-CIVIL TM Plaintiff, v. JAMES T. CUOMO Defendant(s). June 10,2003 TO: JAMES T. CUOMO 112 MILLERS GAP ROAD SILVER SPRING, P A 17025 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION OBTAINED WILL BE USED FOR THA T PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at, 112 MILLERS GAP ROAD, SILVER SPRING, PA 17025, is scheduled to be sold at the Sheriffs Sale on DECEMBER 10. 2003 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $85.359.89 obtained by CHASE MANHATTAN BANK AS TRUSTEE FOR BANKBOSTON HOME EOUITY LOAN TRUST 1998-1 (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: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, ifthe 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. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid 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 ofthe 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 A VENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract of land situate in Silver Spring Towru;hip. Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING al an iron pin corner being on the West side of Miller's Gap Road, '1'-594, said cornel being common to lands now or fOffilerly of William C. Troutman, lands now or former~y of Louis Cuomo, and lands berein described; thence crossing Miller's Gap Road, T-594. by lands now or formerl) of Louis Cuomo and lands berein described .tbe followwg twO courses and distances: (1) North 62 degrees 57 minule, 29 seconds East. 220.43 feet 10 an iron pin corner, (2) South 27 degrees 00 minutes 00 seconds East, 199.11 feet to Bn imn pin cnrner, said corner being common to lands aforementioned. lands now or formerly of Ricmrd E. Shambach, and land, now or formerly of Ernest A. Mader; thence by lands flOW or foonerly of Ernest A. Mader and lands helein described. South 63 degrees 05 minutes 01 second Weiit, 220.05 feet to n nail in center line of Miller's Gap Road. '1'.59.1. being common to lands aforementioned and lands now or furmcrly of Samuel T. Stapleton; thence along and acrOSS Miller's Gap Road, T-594, by lands now or fornlerly of Samuel StapletlJn, lands now or forme,'ly of William C. Troutman and lands herein deSCribed, North 27 c1egrees OQ minutes 34 seconds West, 199,16 feet 10 an iron pin, being the place of beginning. THIS DESCRIPTION is taken from a ,urvey plan prepared by Henr)' O. Schmidt, Jr., R.S, 29265-E, dated June 1981. HAVING there... erccted a single famil)' dwelling known and oumbered a.~ 112 Miller's Gap Rood, Enola, Pennsylvania. TAX PARCEL #38-04-0367-l112 TITLE TO SAID PREMISES IS VESTED IN James T. Cuomo hy Deed from louis Cuomo and Ann M. T. Cuomo, his wife dated 7/1111996 and recorded 7/15/1996 in Record Book 142 Puge 712. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-1697 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE MANHA TT AN BANK AS TRUSTEE FOR BANKBOSTON HOME EQUITY LOAN TRUST 1998-1, Plaintiff (s) From JAMES T. CUOMO (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) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the po~session of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $85,359.89 L.L. $.50 Interest FROM 6/10/03 TO 12110/03 (PER DIEM - $14.03) - $2,567.49 AND COSTS Atty's Conun % Due Prothy $1.00 Atty Paid $116.90 Other Costs Plaintiff Paid Date: JUNE 13, 2003 CURTIS R. LONG (Seal) prothon~ .Bv: q_tI Je .'7?{MI""'~ 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 ill No. 12248 . . AFFIDAVIT OF SERVICE PLAINTIFF CHASE MANHATTAN BANK AS TRUSTEE FOR BANKBOSTON HOME EQUITY LOAN TRUST 1998-1 JAMES T. CUOMO CUMBERLAND COUNTY PJT No. 03-1697-CIVIL TM DEFENDANT(S) ACCT. #9101078533 SERVE JAMES T. CUOMO AT 112 MILLERS GAP ROAD SILVER SPRING, PA 17025 Type of Action .. Notice of Sheriff's Sale Sale Date: DECEMBER 10, 2003 Served and made known to SERVED \ Q.'Me <::. ~ Omo , Defendant, on the I .' m'CLI..c.~S 6M '1<11, 'SJLvtR. ~1'6t Pit Ilo'Z.5 day of JULy 2003- , -, at '1:00 ,o'clock.e.rn., ad/I. , Connnonwea1th of Pennsylvania, in the manner described below: ~efendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging 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 'f () Height S' (/ Weight {'50 Race W Sex (111 Other 'ell.-.d<.. h..:, !, Glen n. S co./e 5 , 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. No1ariaI Seal Sworn to and subscrIbed lJAdaJ. JlJ:11ll8l', NotalY POOIIcnty beforer:ethis~day My~::~~2006 of '-- V ~ ,200,3 iMlria . Notary: '../ . () ~ -''''''1f:F 7.2" c>) ""'f -U'LIL ,"/ '>4:< // yx. ~ PLEASE ATTEMPt SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED Or,\he day of ,200_, at Moved Unknown No Answer 1 ,t Attempt: I I Time: 3rd Attempt: I I Time: o'clock _.m., Defendant NOT FOUND because: Vacant 2nd Attempt: I I Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Frank Federman, Esquire - J.D. No. 12248 0 0 0 C" (..) TI ~ ~~ ~7~ """CJL:!,:: n-l r'--' r~ -, ::I~ ,- N -, . ~..._.. UJ -< r:;; " -""'" )";: , Z C >- C ill .,,'-- =:> ',c. -( (::J ~ ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MANHATTAN BANK AS ) CIVIL ACTION TRUSTEE FOR BANKBOSTON HOME ) EQUITY LOAN TRUST 1998-1 vs. ) CIVIL DIVISION ) NO. 03-1697-CIVIL TM JAMES T. CUOMO AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for CHASE MANHATTAN BANK AS TRUSTEE FOR BANKBOSTON HOME EOUlTY LOAN TRUST 1998- ! hereby verify that on June 12. 2003 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. DATE: November 6. 2003 j-JWJLliedJMr;ar; FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~... t'" ~. ~ - - - - - - '0 00 -..l '" V> ..,. W '" - S' V> ..,. 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L' l:f)g~ r:: it - .... 8 (') c $;' -ace mn-: -::>-,', zt.' uJ,/' ~ " r:: t'; "- ~o 4.(") >c"- ~ a c.) ;;e o ,~::: o 11 c. , '1~'; , , :1) -:--r-I ;::.':1 '.::;<t,.-J ~~rr~ '- :n -< -'"'t) ~ (P In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-1697 Civil Term Chase Manhattan Bank as Trustee for Bankboston Home Equity Loan Trust 1998.1 VS James 1. Cuomo R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriffs Costs: Docketing Poundage Advertising Posting Handbills Levy Surcharge Service Law Joumal Patriot News Law Library Prothonotary Postpone Sale Share of Bills 30.00 14.50 15.00 15.00 15.00 20.00 13.80 321.20 244.54 .50 1.00 20.00 28.90 $ 739.44 paid by attorney 03/05/04 Sworn and subscribed to before me ~~:~.q~ , This J~ dayof 7~/.J 2004, A.D. 91'-"- 0. )~fj./~'I tjuf Prothonotary R. Thomas Kline, Sheriff BY '- JOrJ.JJ SwdJ-, Real Est~~e Deputy \..':>1) & '1'1 ;I :l ( / ,'JI.-- I,/f'l)t; r 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~ Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 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. PUBLICATION COPY S ALE #4 Sworn to n ubscribed befor~s 19th day NolarialSeaJ {L Telly l. Rus'l8il, Notary Public NO aty Of Harrisburg, Daupl1in County My Commission Expires JL.<le 6, 2006 Member. Pemsy1vania Association Of Notaries 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 $ 244.54 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav 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. By.................................................................... r PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.I 784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esqnire, 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 statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 4 ~m~ Eili~ - SWORN TO AND SUBSCRIBED before me this 31 day of OCTOBER 2003_ Writ No. 2003~1697 CMl Chase Manhattan Bank. as Trustee for BankBoston Home Equity Loan Trust 1998~1 vs. James T. Cuomo Atty.: Frank Federman ALL THAT CERTAIN tract of land situate in Silver Spring Township, Cumberland County. Pennsylvania, more particularly bounded and de- scribed as follows, to wit: BEGINNING at an iron pin cor- ner being on the West side of Miller's Gap Road. T -594, said corner be- ing common to lands now or for- merly of William C. Troutman. lands now or formerly of Louis Cuomo, and lands herein described: thence crossing Miller's Gap Road. T -594, by lands now or formerly of Louis Cuomo and lands herein described the following two courses and dis- tances: (1) North 62 degrees 57 I1linutes 29 seconds East, 220.43 feet to an iron pin corner, (2) South 27 degrees 00 minutes 00 seconds East. 199.71 feet to an iron pin cor- ner. said corner being common to lands aforementioned, lands now or formerly of Richard E. Sharnbach. and lands now or formerly of Ernest A. Mader; thence by lands now or formerly of Ernest A. Mader and lands herein described, South 63 degrees 05 minutes 01 second West, 220.05 feet to a nail in center line of Miller's Gap Road. T -594, being common to lands aforementioned and lands now or fonnerly of Samuel T. Stapleton; thence along and across Miller's Gap Road, T -594, by lands now or formerly of Samuel Stapleton, lands now or formerly of William C, Troutman and lands here- ;~ .-l...~"..jh....-l 1\.In...t-h?7 r1...dr......'" nR ~v!~~) L .:!ddvv 1\.Tn.tn. , :, NOTARilSEAl LotS E. SNYDER, Notary Public Ca~isla Boro, cumbe~and County MY. Commission ElCplras t.lan:h S. 200S , '~""~""':..-"-'-".,--,.."".,..... --, - -~---. ing common to lands now or for- merly o(Wi11iam C. Troutman, lands now or formerly of Louis Cuomo. and lands herein described; thence crossing Miller's Gap Road. T -594. by lands now or formerly of Louis , CarUsle 601'0, \,;umDeIlOl1U VVU1llJ My Commission Expires March 5, 2ll Cuomo and lands herein described the following two courses and dis- tances: (l) North 62 degrees 57 minutes 29 seconds East. 220.43 feet to an iron pin corner, (2) South 27 degrees 00 minutes 00 seconds East, 199.71 feet to an iron pin cor- ner, said corner being common to lands aforementioned. lands now or formerly of Richard E. Shambach. and lands now or formerly of Ernest A. Mader; thence by lands now or formerly of Ernest A. Mader and lands herein described, South 63 degrees 05 minutes 01 second West, 220.05 teet to a nail in center line of Miller's Gap Road, T -594. being common to lands aforementioned and lands now or formerly of Samuel T. Stapleton: thence along and across Miller's Gap Road. T -594, by lands now or formerly of Samuel Stapleton. lands now or formerly of William C, Troutman and lands here- in described, North 27 degrees 06 minutes 34 seconds West, 199.16 feet to an iron pin. being the place of beginning. THIS DESCRIPTION is taken from a survey plan prepared by Henry O. Schmldt. Jr.. R.S. 29265- E. dated June 1981. HAVING thereon erected a single family dwelling known and num- bered as 112 Miller's Gap Road, En- ola, Pennsylvania, TAX PARCEL #38-04-0367-022. TITLE TO SAID PREMISES IS VESTED IN James T. Cuomo by Deed from Louis Cuomo and Ann M. T. Cuomo. his wife dated 7/11/ 1996 and recorded 7/15/1996 in Record Book 142 Page 712. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CHASE MANHATTAN BANK AS TRUSTEE FOR BANKBOSTON HOME EQUITY LOAN TRUST 1998.1 Plaintiff, No. 03-1697 v. JAMES T. CUOMO Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $85,359.89 Interest from 6/14/03- DECEMBER 8, 2004 (per diem -$14.03) $7,632.32 and Costs TOTAL $92,992.21 .. ~ 0 f\. ~ h,O r9Jv\~1) N--) 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 111 '" Q t-- .... < =- r/J '" Z ~ =- '" el:: "" > ...< ~~ "" z .... OZ '" 0 i ~ "'~ "'0 .... "'"" ... ~~ ;> ~ e, 0 -d U el:: Q) =:'" ...t: ~F QB =- i:: z~ "'~ 0 Q) <0' "" = < '" ~ '" -.5 '" Q) 0,," ~"".... ... = ..c ~=- ~,,"o/, 0 0"" ~,g ~ >, ~ . ~ ... JO" OJ ... ... tl.8 s O~ =~g:: U ~~ "" 0.... ~ ""' "" ~ Uz ~=... ~tJ ~l "" Q) ...~ '" .... ~ 00 ...zrg ~ el:::" ~ ...U ...Oel:: 01:: '" ~ <...... ... = .... ~~ ='" ""6 .... ~ ~o =- 8; .... '" ~~ u '" --./ Q) ~ ]~ .... f:i3"" ""~ "'" ~ "'" ...~ "'= ~ < z~ ~el:: =- I ....u u~ J-1 -I- ~7j -S1 .7.:') 3 .. - -.. -.. :::- - " ~ - ,.U - .--- ~ ~.~";.. 0- W C'J r;dJ ~ ::. A ~ l."- ~ .: :: - L,._ (',; " -3 :::r- - ~000 ..J) fY) .-) ;L .... 0, -~ () 0 ::r C'Y) 2; ':r t/} () () '() ...... '-"'.,; Q 0- Do --.J - . . a }~ d ~ ~ O'-lI)O"tJ) t\, -....:. ~(V) I'<)l.t) ..... -' '"'Ot- ~ t"-- 00 cJ ~ ALL TIfAT CERTAIN tract of IlInd situllle in Silyer Spring Township. Cumberland County, PClIfL'lylvania, more particularly bounded and described as follows, to wit: BEGINNING at an iron pin corner beinc on the West side of Ml1le1's Gap Road, 1'-594, said corner being COIIlIIKlIl to lands nOw or formerly of Wnliam C. Troutman, la.Ilds now or formerly of Louis Cuomo, aod lands hcrcin dcscn'bcd; thC1ll:e c;rossiJIg Miller's Gap Rolld, T-~94, by IlUIds now or formerly of Louis Cuomo and lIInds herein de.cribcdthc following two courses IUId distances: (I) North 62 degrees 57 minntes 29 SCl:Onds East. 220.43 feet to an lIOn pin COI'tlC1', (2) South 27 degreeo 00 minutes 00 seconds East, 199.71 feet to an iron pin corner, said corner being common to lands aforementioned, lAnds now or formerly of RiclllIrd E. Sbambacb, and la.Ilds now or formerly of Ernest A. Mader; theDce by lands now or fomIerly of Ernest A. Mader and IlInds herein de:SCribed, South 63 ~ 05 minllteS 01 SCCOlld West, 220,OS feet to a IIlIiI in center !iDe of Miller's Gap Road. 1'.594, being common to land. aforementioned IUId lands now c>r formerly of Samuel T. Stapleton; theace along and across Miller's Gap Road, 1'-594, by land. now or formerly of Samuel Stapleton, larnbi now or formerly ofWiUiam C. TcOlltman and lands herein described, Nolth 27 degrees 06 miIwtes 34 seconds Wl:St, 199.16 feet to an lIOn pin, belllg the plaCe ofbegirming. THIS DESCRIPTION is taken from a survey plan prepared by Henry O. Schmidt, Jr., R.S. 2926~-E, dated June 1981. HA VINO thereon erected a single family dwelling /mown and oumbcrcd lIli 112 Miller's Gap Road, Enol., Pennsylvania. 1'ITLF; TO SAID PREt4ISES IS VESTED IN James T. Cuomo hy Oe<<l from Louis CllOmo and Ann M, T. Cuomo, his wife dated 7fllf1996 and recorded 7/1511996 in Record Book 142 Page 712, TAX PARCEL #38-04-0367-022 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-1697 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE MANHA TT AN BANK AS TRUSTEE FOR BANKBOSTON HOME EQUITY LOAN TRUST 1998-1, Plaintiff (s) From JAMES T. CUOMO (1) You are directed to levy upon the property ofthe 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) Ifproperty 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 $85,359.89 L.L. Interest FROM 6/14/03 - 12/8/04 (PER DIEM - $14.03) - $7,632.32 AND COSTS Atty's Conun % Due Prothy $1.00 Atty Paid $868.84 Other Costs Plaintiff Paid Date: JULY 23, 2004 CURTIS R. LONG (Seal) Prothonot" n ~().-.,.., Je". Deputy 7f-/VJ-<:f'~ REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPIDA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ill No. 12248 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF CHASE MANHATTAN BANK AS TRUSTEE FOR BANKBOSTON HOME EQUITY LOAN TRUST 1998-1 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 03-1697 JAMES T. CUOMO 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: o 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. ~~~J FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff > ". IN alJNl'fEb'STATEs BANKRUPTCY CaT FOR THE MIDDLE DISTRICf OFPENNSYLV ANlA INRE: James T. Cuomo alkJa James Thomas Cuomo Bk. No.1 03-07226 MDF Debtor Chapter No. 13 Chase MubaUan Bank as Trustee for llukBoston Home Equity Lou Trust 1998-1 11 U.S.C. ~362 Movant v. James T. enomo alkJa James Thomas Cuomo Respondents ORDER MODIFYING p62 AUfOMATlC STAY AND NOW, this ~ It. day of ~~ J.. , 2004, upon Motion of Chase Manhattan Bank as Trustee for BukBoston Home Equity I':badj:rust 1998-1, (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under ~362 of the Bankruptcy Code 11 U.S.C. ~362 is modified with respect to premises 112 Millen Gsp Road, Silver Spring, P A 1702S,as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises and ORDERED that Rule 4001(a)(3) is not applicable and Chase Manhattan Bank as Trustee for BankBoston Home Equity ~~st 1~1 ~ immediately enforce and implement this Order granting relief from the automatic stay. I' j ~~ Mary ~~ Bankruptcy Judge 9.&:;:: ce: Judith T. Romano, Esquire One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103-1814 HARRISBURG PA Charles J. DeHart. m, Esquire (Trustee) P.O. Box 410 Hwmnelstown, P A 17036 FILED Michael S. Travis, Esquire 4076 Marlcet Street, Suite 209 CarnpHill,.PA 17011 JUl - 8 2004 &~p Cl8l\(. U.S. Bankruptcy Court James T. Cuomo 112 Millers Gap Road Enola, P A 17025 (q CHASE MANHATTAN BANK AS TRUSTEE FOR BANKBOSTON HOME EQUITY LOAN TRUST 1998-1 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION JAMES T. CUOMO NO. 03-1697 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) CHASE MANHATTAN BANK AS TRUSTEE FOR BANKBOSTON HOME EQUITY LOAN TRUST 1998-1, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at, 112 MILLERS GAP ROAD, SILVER SPRINGS, P A 17025. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAMES T. CUOMO 112 MILLERS GAP ROAD SILVER SPRINGS, P A 17025 2. Name and address ofDefendant(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) AMERICAN ALUMINUM & INSULATION COMPANY, INC. 150 FULLING MILL ROAD MIDDLETOWN, PA 17057 PENNSYL VANIA POWER & LIGHT COMPANY 827 HAUSMAN ROAD ALLENTOWN, PA 18104 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please 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 112 MILLERS GAP ROAD SILVER SPRINGS, P A 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or infonnation and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. July 21,2004 DATE ~~~ff UN nf'f.--> FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ,."--~ ,- !"-) C_) c..! ~,""--" CHASE MANHATTAN BANK AS TRUSTEE FOR BANKBOSTON HOME EQUITY LOAN TRUST 1998-1 CUMBERLAND COUNTY No. 03-1697 Plaintiff, v. JAMES T. CUOMO Defendant(s). July21,2004 TO: JAMES T. CUOMO 112 MILLERS GAP ROAD SILVER SPRINGS, P A 17025 "THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at, 112 MILLERS GAP ROAD, SILVER SPRINGS, PA 17025, is' scheduled to be sold at the Sheriff's Sale on DECEMBER 8, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $85,359.89 obtained by CHASE MANHATTAN BANK AS TRUSTEE FOR BANKBOSTON HOME EQUITY LOAN TRUST 1998-1 (the mortgagee) against you. Tn 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 MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, 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. 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 ifthe 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 ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 ALL TIlAT CERTAIN tract of land situate m Silver Spring Township, Cumberland County. PcllllS)'lvania, mon particularly bounded and described as folloWll, to wit: BEGINNING at an iron pin comer being on tbe West side of MIllet's Gap Rosd, T-594, said cornor being common to lanIIs IIOW or fonnerly of wmiam C. Trouunllll, lands DOW or forII:letly of Louis Cuomo, and Ianils hC'IciD described; theDCC c:rossiDg Miller's Gap Road, 1'-594-. by lands now or formerly of Louis Cuomo and lands herein describc:dlhe following two courses and dist81lCC$: (1) Norlh 62 degrees 57 minutes 29 second. East. 220.43 feet to an iron pm comer, (2) South 21 degreeo 00 miIlutes ()() seconds East, 199.11 teet 10 an iron pin comer, said <:orner being common 10 lands aforementinnod, land!: now or formerly of Richarll E. Sbambacll, and lands MW or fonnerly of Ernest A. Mader; thcace by lands row or fonner1y of Ernest A. Mader and lands herein llescribed. South 63 degrees OS IlIinl.lleS 01 second West, 220.05 feet 10 a nail in ceIIlN lilIe of Miller's Gap Rnad. '1'-594, being common m lauds aforemeillioned aod lands now or formerly of Samuel T. Stapleton; theoce along and acroll& Miller's Gap Road, T-594, by laI\ds now or formerly uf Samuel SlapleroD, lands now Or fomrer1y of William C. Troulman and lands herein described, Nonh 27 degrees 06 mirnlIes 34 seconds W~t. 199.J6 feet 10 an iron pin. belll3 llle place ofbcginniJlg. THIS DESClUPTI0N is taken from a survey plan prepared by Henry O. Schmidt, Jr., !t.S. 29265-E, I;\aIed JIllle 1981. HAVING llJercon cr<<ted a single family dwelling kDown and numbered lL'I 112 Miller's Gap Road, Eno18. Pennsylvllllia. TITLE TO SAID PREton~ IS VESTED IN James T. Cuomo by Deed froIIIlouls Cuomo and Ann M, T. Cuomo. his wife datod 7/1111996 aDd recorded 7/lS11996 in Record Book 142 Page 712. TAX PARCEL 138-04-0367-022 '- (. c~_, AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PJT PLAINl'Ir:r ,- CHASE MANHATTAN BANK AS TRUSTEE FOR BANKBOSTON HOME EQUITY LOAN TRUST 1998-1 No. 03-1697 ACCT. #9101078533 DEFENDANT(S) JAMES T. CUOMO Type of Action _ Notice of Sheriff's Sale SERVE JAMES T. CUOMO AT 112 MILLERS GAP ROAD SILVER SPRINGS, P A 17025 Sale Date: DECEMBER 8, 2004 SERVED Served and made known to ---0(X.~t-S 'T. C<JOlMO , Defendant, on the Gt"- day of A-Jjv~t- , 200~ at-Lf:~C) ,0'c1ock~.m.,at \\2- ,,^dtu~ &~ f(~ -E::.^C)\"--I.f'F\no'2-S ,Conunonwea1th of Pennsylvania, in the manner described below: x Defendant personally served. /' J \ Adult family member with whom Defendant( s) reside( s). Name and RelatiOl"hip is ;. I At<, <.A is o...tb O-{"o.. e \,)d ~ Adult in charge ofDefendant(s)'s residence who refused to give name or relationshi . Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in cltarge of Defendant(s)'s office or usual place of business an officer of said Defendant(s)'s company. Other: Description: Age '32> l Height Q.k Weight \ ~() Race V./ Sex L Other I, Ct+t<:I'S T p~(f1\5 ,a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice 0" herein, issued in the captioned case on the date and at the address indicated above. Sell lftlaJ. """,*, NalIIV PIdc ~ IlanI, eu..lb.oIl.d CooIlly Sworn to and sub~criPed Myn........,EllpinllJlAy23. 200Il befo')?me this ~lA-day - '{1:' . of $/(1-- ,200fj Notary:,#d:t ;r-~BY: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. ICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1" Attempt: / / Time: 2nd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 ,. , '';''Y~ 'tJ'I'~,\:,,; ~~!.:.,,' '''';H'~'')r-i''~ iOJ~ vtt'ol..'Q I~:"~ :,,f /; o!tii:;Jl;l,) ~ .+ _ .;0.; 'It, ~<';t _I' I,.""'~ ^_If'',;r,.....t...;{"., ,,:,,111':').: ...i " "'f'J~i ~..".~,... .. . ....., c::> () 12 ..;:ri o CJ -, C) -.':1 (".) r:) ....0 ... IN THE COURT OF COMMON PLEAS OF CUMBERLANI) COUNTY, PENNSYLVANIA CHASE MANHATTAN BANK AS ) CIVIL ACTION TRUSTEE FOR BANKBOSTON HOME ) EQUITY LOAN TRUST 1998-1 vs. JAMES T. CUOMO ) CIVIL DIVISION ) NO. 03-1697-CIVIL TM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for CHASE MANHATTAN BANK AS TRUSTEE FOR BANKBOSTON HOME EQUITY LOAN TRUST 1998- ! hereby verify that on 7/23/04 true and correct copies ofthe: Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: November 22.2004 ./l ^ ~ ./\ V J\ /I "./ e~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~~ - ~ 00 ~ ~ ~ B' ~ V; :i: ~ N :::: 0 11 ~s, g ft ~i ~ ~f ~ ~... ~ Iil 0 -..., () ~if. c II ~ 0 ~ o tt1~ .ijlil fi ~~ ~ ~ j ~ o f g: GO ~~g.!fj( ~~ll~ ::'~~~ll 5. ~" ~. a.g, en ;; g o' ~ ;;~6 ~~.8~ ~ ::~S("1i 2. .;;" cs ~ _. 10 "< Il ct." en g'i ~~.2 ~ ill~ g ~Ei. t""' s,~~g[ ~:i~g S ...d' " eo ~i~[i ;jI8~~ a ~. \l''' ~" ~] 8- ~ _.l:l S ...5.~!i n .. il ~ ~ ~a. 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'$f..~ Q t<' ~ f;g ~~" ~ .q..:........- .z .~~_ ; :) ~ PITNEY BOWES 02 1A $ 01.500 i 0004300377 JUL 23 2004 M.A.1LED FROM ZIP CODE 19103 () c ~::: .'"'or::} n~rt: .;.::~ :L~ ~;:"'" t- ~ ~:~ . r-:: <... ~~c:~. $:~ =2 t'o.> = = .c- Z <::) <.: '" 1..0 -0 ::c: o .." ~.,., nlp -om :(J C? g~ . -'- -r: f~0 Om --I ;J> ~ Ul .. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: t)J ~ 1&11 I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby ce ify that the Sheriffs Deed in which BankBoston Home Equity Loan rsut 1998-1 is the grantee the sa e having been sold to said grantee on the 8th day ofDec A.D., 2004, under and by virtue of a writ Exec tion issued on the 23 day of July, A.D., 2004, out of the Court of Common Pleas of said County as f Civil Term, 200~ Number 1697, at the suit of Bankboston Home Equity Loan Tr 1998-1 against Jam s T Cuomo is duly recorded in Sheriffs Deed Book No. 267, Page 1816. IN TESTIMONY WHEREOF, I have hereunto set ; y hand and seal of said office this ayof A.D206l"" Chase Manhattan Bank as Trustee for Bankboston Home Equi1y Loan Trust 1998-1 VS James T. Cuomo In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-1697 Civil Term Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states th t on September 20, 2004 at 8:43 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: James T. Cuomo, by making known unto James Cuomo, personally, at 112 Millers Gap Rd., Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct cop of the same. Ron Hoover, Deputy Sheriff, who being duly sworn according to law. states that on October 07, 2004 at 9:07 o'clock A.M., he posted a true copy of the within Real Esta Writ, Notice, Poster and Description, in the above entitled action, upon the property of James T. Cuomo located at 112 Millers Gap Road, Enola, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Noticc, 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: James T. Cuomo, by regular mail to his last known address of 112 Millers Gap Road, Enola PA 17025. This letter was mailed under the date of October 06, 2004 and never retumed 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 8. 2004 at 10:00 o'clock A.M. He sold the same for the sum of$1 .00 to Attorney Daniel Schmieg for Chase Manhattan Bank as Trustee for BankBoston Home Equity Loan Trust 1998-1. It being the highest bid and best price received for the same, Chase Manhattan Bank as Trustee for BankBoston Home Equity Loan Trust 1998-1 of213 Court Street, Middletown, CT 36457, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $937.85. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary $30.00 18.39 15.00 15.00 30.00 10.00 1.00 Mileage Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed $ 14.80 15.00 20.00 325.85 347.89 30.42 25.00 39.50 937.85 Sworn and subscribed to before me This /()..!~ day of h~~, 9 ) 2005, A.D. PrL f1 ~'--' othonotary So Answers: ~~~ f R. Thomas Kline, Sheriff BY \Jc~ J~I. Real Estate eputy /IUI,. f=-. /(,0,<;3'/ . ~ CHASE MANHA TT AN BANK AS TRUSTEE FOR BANKBOSTON HOME EQUITY LOAN TRUST 1998-1 CUMBERLAND COUNTY COURT OF COMMON PL S Plaintiff, v. CIVIL DIVISION JAMES T. CUOMO NO. 03-1697 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) CHASE MANHATTAN BANK AS TRUSTEE FOR BANKBOSTON HOME E VI Y LOAN TRUST 1998-1, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ES UIRE, sets forth as of the date the Praecipe for the Writ ofExecu1ion was filed the following inform ion concerning the real property located a 112 MILLERS GAP ROAD SILVER SPRIN P A 17025. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannol b reasonably ascertained, please indicate) JAMES T. CUOMO 112 MILLERS GAP ROAD SILVER SPRINGS, P A 17025 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 Ii on the real property to be sold: Name Last Known Address (if address cannot b reasonably ascertained, please indicate) AMERICAN ALUMINUM & INSULATION COMPANY, INC. 150 FULLING MILL ROAD MIDDLETOWN, PA 17057 PENNSYLVANIA POWER & LIGHT COMPANY 827 HAUSMAN ROAD ALLENTOWN, PA 18104 ,'- 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address carmo be reasonably ascertained, please indicate None 5. Name and address of every other person who has any record lien on the property: Name Lasl Known Address (if address carmot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property an whose interest may be affected by the sale. Name Last Known Address (if address cannot e reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has ny interest in the property which may be affecled by the sale: Name Last Known Address (if address cannot reasonably ascertained, please indicate) Tenant/Occupant 112 MILLERS GAP ROAD SILVER SPRINGS, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavi1 are true and correct to the best of my ersonal knowledge or information and belief. I understand Ihat false statements herein are made sub eel to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Julv21,2004 DATE ~ lb'l.~D g lSY"l..o N--> FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ; CHASE MANHATTAN BANK AS TRUSTEE FOR BANKBOSTON HOME EQUITY LOAN TRUST 1998-1 CUMBERLAND COUNTY No. 03.1697 Plaintiff, v. JAMES T. CUOMO Defendant(s). July 21, 2004 TO: JAMES T. CUOMO 112 MILLERS GAP ROAD SILVER SPRINGS, P A 17025 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFO /lTION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCH. RGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONS 'RUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.' Your house (real estate) at 112 MILLERS GAP ROAD SILVER SPRINGS P 17025 is scheduled to be sold at the Sheriffs Sale on DECEMBER 8, 2004 at 10:00 a.m. in the Cu berland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the courtjudgm nt of $85.359.89 obtained by CHASE MANHATTAN BANK AS TRUSTEE FOR BANKB STON HOME EOUlTY LOAN TRUST 1998-1 (the mortgagee) against you. In the event the s Ie is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 129.3. 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: I. The sale will be cancelled if you pay to the mortgagee the back payments, lat charges, costs and reasonable attorney's fees due. To find out how much you must pa , you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strik or open the judgment, if the judgment was improperly entered. You may also ask the Co rt to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the ore chance you will have of stopping the sale. (See notice on page two on how to obtain an attome .) YOU MAY STILL BE ABI,E TO SAVE YOUR PROPERTY AND YOU HAVE 0 HER 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 bi der. 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 ossly inadequate compared 10 the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due the sale. To find out if this has happened, you may call (717) 240-6390. 4. Ifthe amount due from the Buyer is not paid to the Sheriff, you will remain the wner 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 he Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedi gs to evict you. 6. You may be entitled to a share of the money which was paid for your house. A chedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of e sale. This schedule will state who will be receiving that money. The money will be paid out in accor ance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed ith 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 OT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFIC LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It ma at be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale mus be postponed or stayed in the event that a representative of the plaintiff is not present the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 ALL WAT CERTAIN tract of lar1d $iluare ill Silver SpJing Township. CumberlalJd Pennsylvania, more panicularly bounded and described 1I8 folloW!!. to wit: BEGINNING at 1lII iron pin CQtner being on the West side of Miller's Gap Roo<!, T.594, said rncor being common [0 lands now or furmerly of William C. Troutman, lands now or fOl1llerly of uis Cuomo, and land" herein described; thtllCe crossing Miller's Gap Road. T-594, by lands n w or formerly of Louis CuomQ and lands bcrein dcscr:ibedthe following two courses and distances (I) North 62 degrees 57 minutes 29 s<:conds East. 220.43 feet to an iron pin ooruer, (2} South 27 d 00 minutes 00 seconds East, 199.71 feet 1D an iron pin comer, said corner being common to ands aforementioned, \and. now or formerly of Ricltaro E. Sbambacll, and 1aIld., I1I>W or fonnerly of t A. Mader; thence by lallds now or furmerly of Ernest A. Mader and lands herein <lesClibed, Sou 63 degm:s OS minuteS 01 second West, 220.05 feet to a lllIil in.enter line of Miller's Gap Road, T 94, being common to land. aforementioned and lands now or formerly of SlIIDne1 T. Stapleton: tllence ong and a,'fOSS Miller's Gap Road. T-594. by lar1ds now or formerly of Samuel Stllpleron, lands no or formerly of William C. Troolmlln and lands berein described, Nonh 27 degrees 06 minules 34 nds WI:>'t, 199.16 feet lO an iron pm. bein.g the pIacc ofbcgjnning. THIS DESCRIPTION is taken from a survey plan prepared by Henry O. Schmidt, Jr., R.S. 2926 -E, dlIted June 1981. HAVING lllereon erected a single t\unily dwelling kllown and llUITIbcred 113 112 Miller's Gap R Enole, Pennsylvania. TITLe TO SAID P~SBS IS VESTED IN James T. Cuomo by Deed from Louis Coo Ann M. T. Cuomo, hia wife dated 711111996 aod recorded 711511996 in Reconl Book 142 712. TAX PARCEL #38-04-0367-022 WRIT OF EXECUTION a.ndlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-1697 Civil CIVIL ACTION - LA TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE MANHATTAN BANK AS TRUSTEE FO BANKBOSTON HOME EQUITY LOAN TRUST 1998-1, Plaintiff (s) From JAMES T. CUOMO (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: (al an attachment has been issued; (b) the garnishee(s) is enjoined IT m paying any debt to or for the account of the defendant (s) and from delivering any property of the defen nt (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s} not levied upon an subject to attaclunent is found in the possession of anyone other than a named garnishee, you are directed to notify himiher that helshe has been added as a garoishee and 1S enjoined as above stated. Amount Due $85,359.89 L.L. Interest FROM 6114103 -1218104 (PER DIEM - $14.03) .- $7,632.32 AND COSTS Atty's Conun % Due Prothy $1.00 Atty Paid $868.84 Plaintiff Paid Date: JULY 23, 2004 Other Costs CURTIS R. LONG (Seal) 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!D No. 12248 Real Estate Sale #22 On August 27, 2004 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, P A Known and numbered as 112 Millers Gap Road, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 27, 2004 By~l'd.M ~ Real Estat&Deputy \ ,I i ~ . ,'1,( SIOlJd '(" , A... (\, JiJHjjl, L~; C! ? lor , 'r".,.') ~ ~ ~ tbJ? REAL ESTATE SALE No. 22 . Writ No. 2003-1697 CMITenn Chase Manhattan Bank as Trustee for Bankbpston Home Equity Loan Trust 1998-1 . Vs James T. Cuomo Atty: Frank Federman DESCIllPTlON AlL TIIAT CERfAIN IIllct of land ,ituale in Silver Spring T"""!Ship, Cumbeiland Couoty, Pennsylvania, mu,~ particulllrly bounded and descrlbed as follows, to wit: '. . BEGINNING at an iron pin comer being on the West side of Millets Gap Road, T-594, said comer being common to.ll\nds now or fmmerly of William C: Troutman, lands now or formerly of Louis Cuomo, and lands herein descn'bed; thence crossing Miller', Gap Road, T-594, by lands now or fmmerly of Louis Cuomo and lands herein described the following two co..... and dislllDc,.l:.(l) North 62 degrees 57 minuleS 29 . seconds East, 220.43 feet to an iron pin comer, (2) South TT degrees 00 minutes 00 seconds Eas~ 199.71 feel to an iron pin comer, said comer being common. to lands aforementioned, lands now or fmmerly of Richaid E. Shambach, and lands now or fmmerly of Ernest A. Mader; thence . by lands now or fonnedy of Ernest A. Mader and lands herein describe<l, South 63 degrees 05 minutes 01 second West, 220.05 feet to a nail in center line of Miller's Gap Road, T- 594, being common to lands aforementioned and lands now or formerly of Samuel T. Stapleton; thence along and across Miller', Gap Road, T-594, by lands now Or fonnedy of Samuel Stapleton, lands now or formerly of William C. TroullDan and lands herein describe<l, North TT degrees 06 minDleS 34 . seconds Wes~ \99.16 feet to an iron pin, being the p~ ofBjlG]NN1NG. '. ~ DIlSCRIl'I:IOI' is taken from a $llIVey ...~.~. bylkmyO. Schmidt, Jr.,RS. ~daledJtD;C198l. . .' . '. .. ~VING _ em:ted a 'ingle jluniJy I i dWelling known and nombered as 112 Miller', Gap Road, Enola, Peonsylvania. TIILE TO SAID premises is vested in James T. Cuomo by Deed from Louis Cuomo and Ann M.T. Cuomo, his wife, dated 711\11996 and recorded 711511996 in Record Book 142 Page 712. 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