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HomeMy WebLinkAbout01-03757 ~ ,~ - ~, , ~,~~~.-, .,,-," 'j;J' .ailS.i\i,,'';; FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATIORNEYFORPLAlNTIFF COURT OF COMMON PLEAS CIVIL DIVISION CREDIT BASED ASSET SERVICING AND SECURlTIZA TION, LLC 5373 WEST ALABAMA SUITE 600 HOUSTON, TX 77056-5923 Plaintiff TERM No.OI-31S1 Ciu;tJ~ v. CUMBERLAND COUNTY HELEN E. KLINGER AMEDEO S. CUMANO, A!KIA AMEDEO KLINGER 14HELLAMDRNE MECHANICSBURG, P A 170556 Defendant( s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM [S 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 TillS DEBT WAS NOT REAFFIRMED, TillS 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 TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 8176174 =,"" . ~- "- <Jj > .~< ~ ,~ ' ~..;.i~~ IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. -:;;~~~'" ~ ~'~ ~ , ,,' .'H , ,'- " ~~ lLl:lk.,', 1. Plaintiff is CREDIT BASED ASSET SERVICING AND SECURITIZATION, LLC 5373 WEST ALABAMA SUITE 600 HOUSTON, TX 77056-5923 2. The name(s) and last known addressees) of the Defendant(s) are: HELEN E. KLINGER AMEDEO S. CUMANO, AJK/A AMEDEO KLINGER 14 HELLAM DRNE MECHANICSBURG, P A 170556 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 9/27/94 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FORD CONSUMER DISCOUNT COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1234, Page 1098. PLAINTlFF 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 611199 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." , . .....J I~"_~ "~ "I i -~I&~..-;;""",';;"",,,,."II.- 6. The following amounts are due on the mortgage: Principal Balance Interest 5/1/99 through 6/1/01 (Per Diem $31.47) Attorney's Fees Cumulative Late Charges 9/27/94 to 6/1/01 Cost of Suit and Title Search Subtotal $88,624.94 23,980.14 4,000.00 0.00 550.00 $117,155.08 Escrow Credit Deficit Subtotal 0.00 1.396.78 $1.396.78 TOTAL $118,551.86 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. ~ 1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. This action does not come under Act 91 of 1983 because the mortgaged premises is not the principal residence of the defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $118,551.86, together with interest from 6/1/01 at the rate of $31.47 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale ofthe mortgaged property. ~+~ /s/ Frank F edennan FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~~.. '. ~""~ w.. , .......,-., L ,~ _",",,--,~1 -~illi'~"'J ".:. ..:.....:...,' LITTON LOAN SERVICINGLP 5373 Westf~bama. S\lite 600 HO\lston, T rS 77056 , t HelenKD1ger Amecleo Klinger 14 HelWil Dr I ~. Mechanilbutg, PA 17055 ~ I 1: I i I ~ ~ .Thi.iffi'l th . . 8 IS an 0 Cia n,otiee at the mrarb!:'aIJ& on ~our hl'J~e i.~:in default.. and the lender intends to foreclose. $becifie IDformaton ahout the. Bature of the default is nroYided in .the attaclled Jla~es. TbelHOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM lHEMAP) mav he able to k belD to save.,vour home. This Notice exulains how to DrC'Wram works. ~ Toste ii HEM.;.P ean helD. vou must MEET WITH A CONSUMER CREDIT ~OUNSELING AG~NCY WITH lN30 DAYS OF TREDATEOF TmS NOTICE. Take this Noli.e fi'ith vouwhenvoumeehviththeCounselin". Menev~1. t . ' Tbe Da;.e, addrll$> aDd phone number of Consumer Credit Counseling Agencies serving yourCouuty are listed .at the end !If the Noti.e. If you have anY questions, you may .all the PeDIIsylvania Housing FInance Agency toll free at ~ 1-800-342-2397.{persons with impaired hearing can call (717)78()"1869. ~ . This Nciliee contains important legal information. If YOll have any questions, representatives at the Consumer Credit €oUDselingAgency may be able to help explaht it. You may also want to eontact an attorney in your area. The lodl bar assodation may he able to help you find a lawyer. 1 . ~ LA. NQ!IFCACION EN ADJUNTO ~ DE SUMA IMPOR'tANCIA. PUES AFECTA SU DEUCBoACONl'INUAR . VIVttNIlO EN SlJ CASA. SI "'0, COMPRENDE EL CONTENIDO DE ESfl'A NOTIFICACION .OJlTENGA UNA TIlAImtCIoN INMEDITAMENn:p.AMA.NDO ESTA AG~NCIA (pENNI!lYLVANJA HOUSINGFI1'!}NCE AGENCY) SIN CAiRGOS AL NUME~() ME!'IC:;IONADO ARRIB~ PUiflDES SER '[LEGIBLE PARA UN PRE:fM:MO POR EL PROGRiAMA LLAMADO "ROMEOWNER'S EMERGENCY ~ORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALV^, SU CASA bE LAPERDIDADEL DERECBOA REDlMm.SUBlPOTECA. , i ~ ! i " fr , ~ ,. 1 :( A. Affj/hn. ofC.BASS Telephone 800-999-8501 Fax 713 966 8906. Date: 4/16/0 I Page I of5 APPENDIX A ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FOREC:LOSURE* EXHIBIT A j 6~'d fc:LT ~O. vc he~ S8cc-~c9-f~L:xe~ ^J~dnd~~o8.S,J~/~O~~Ii " '.~.: .-,'" . I i 1 APPENDj'A 'BOMEO"!NE., ' R'S NAME{S)' Helea KliDger i . Amedeo K1ingu 1 MAaIN," ADDRESS: 14beJlamdr ',' MecbllDicsburg, P A 11055 t - PROPEr ADDBESS:14 HeJlam Dr ~ Mechaniesburg, P A 17055 LOAN AtT. NO.: 8176174 . ORIGINAl. -LENDER: i I ctlRRENrrERlSERVlCE: ~ HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOll Mil V BE ELlGIIlT 11 FOR FINANCl(\L ASSISTA~~ WltICB C,4NSAVE YOUR HOME, FROM FOREC1.0SuRE ,~ AND lIEU> YOU MAKE FUTIJRE !I1:0RTGAGE PAYMENTS "~ IF YOU qOMPL V Wlr8 THE PROVISIONS OF UIE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 ~ "ACT"), YOU MAY :BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: it ~ " , '\ ! , 1 '1 , j f TEMP0RARY STAY OF FOREp,OS~E - Under1he Act, you are entitled to a tempDtllly stay offoreclosure ' On you4mOrtgage fOr thirty (30) days from the date of this Notice. During that time you must arrange and attend ~"face.tc>-face" meeting with one of the consumer credit counseling agencies listed at the and of the Notice.trBIS ~ETING MUSTO~CUR W1T1JlN1lIiNlQ':T (]O\ DAYS. IF YOU DO NOT APPLY FOR FMRR~CY ~ORTGAGE ASSI$['ANCB. YOUMUST~G YOUR MORTGAQ!]i1lP TO DATE. THE PART OF THIS NOTICE CAlLED "HOW TO CURB YOUR MORTGAGE DEFAt.JLT" EXPt.AINSHOW TO BRING YOUR MORTGAGE tJP 'TO DA 1'E. s' CONS~R CR~DIT COUNSELING AGENCIES - If you meet with ,one of the consumer credit ,counseling agency listed at the end of this notice, the lender may NOT take aetipn against you for thirty (30) days afil,r the date of this meeting. The names addresses and,teleDhone numbers lof desirnat!ld.efl1L.<nrm... credit c\lnns"lib.. allencies fOl' the counN in which the DTonertv'is located are set fortjl at die end of this Notice. It is only neeessaio/ to schedule one face-tel-face meeting. Advise your lender immediatelv of your intentions. ~ APPIir.ATlON FOR MORTGAGE ASl!lTANCE-Yolltmortg;>ge is in default for the reasOllS set fOI1h later in this Noice (see follOWing pages for specific infonnatiOll about t!u: ...t.."" of YO\U' default) If you ~ve 'tried aDd are uaable 1i; resolve this problem wi1h the lender, you have the right 10 apply for tinancial ~.i'lance ftom the Hi:>meowner's, Emerg~ Mortgage Assistance :P'ro~ To do so, you D;JUSt fill out, s~ llXld file a compl~ Homeowner's EtneI'g.J.cy Assi$tanc:e l'rogram Application with one of the designated conswner credit oOIlrlSC1ing agencies liS1l>d. at the I ' ~ ; } ! , ,1 " . OCd .'" ,d L, , ,~ ,.~ '1R.;1!l'4:J l;;.....'i Pagc 2 ofS IF YO\IR DEFAlJl.T BAS BEEN CAUSED BY CIRCUMSTANCllS BIlVOt'lD YOllR CONTllOL, IF YOU SAVE A REASONABLE PROSPECT OF BlllNG ABLE TO PAY YOtJR MORTGAGE PAYMllNTS, AND IF YOU MEET OT/lER ELEGlBlLITY REQvnu:MENlS ESTABLISHEJ) IlY THE PENNSYLVANIA llOUSINC PINANCE AGENCY. EXHIBIT A fG:L1 10. vG ne~ S8GG-rG9-frL:xe~ ^Jidnc~NoS'SIJ~/NOll~1 ,I..." ""'...,"" ~~"~'."1 :t::'i1 ..., -". f APP~A ~ end of tI1J Notice. Only consumer CTeclit eOU11Seling agencies have applications for the program lUld they will assist you in sulkitting a cample", application 10 the Pennsylvania Housing FinllllCe Agency. Your application MUST be tiled or poslID8h:ed within thirty (30) days of your face-Ie-face meeliJ1g. . i YOU!Wfi mE YOUR APPUCATlON PROMPTLY. IF YOU FAlL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER 1IME PERlOnS SET FORTH IN TBJS LETTER, FORECLOSlJRE MAY PROCEEJ:I AGAINST YOUR HOME lMMEDlATEL Y AND YOUR APPLlCA TlON FOR MORTGA(;E ASSISTANCE WILL BE DENIED. . 1 AGENd!l ACTION - Available funds for emergency mortgage assistance an: very limited. They . I . t: i WiJI be qisbursedby the Agency und.... the eligibility criteria established by the Act. The Pennsylvaxtia Housing Finance .{geney bas sixty (60) days to make . decision after it receives your application. During that rime, Do foreclosure proc~ will be pursed against you uyou have mel the time req11irements set forth abClVc. You wj1\ be notified directly l:W the Pennsylvania Housing Finance Agency of its decisioll on your applieation. 1 NOTE: d- YOUR .uu:~NTL Y PROTECIEJ:I BY THE FlUNG OF A .PETlTION IN BANlQlUPTCY, TaE FOLLOWING PART OF THIs NOTlCE IS FOR INFORMATlON PURPOSEs ONLY AND SHOULD f NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT TBE DEBT. (If yea have iii"" bankt1lptcy you cad still apply for Emel1lency Mortgage N"istance.) .. .. ~..,' . .' .'..,..... Page 3 oiS 'I ROW TO CURE YOUR MORTGAGE DEFAULT (Bring it UD to datel. NATURE OF THE DEFAULT - The MORTGAGE debt held by the above leneler on yoU\" property located at: 14 HellamBr . , ~ . . . IS SBIU0USLYIN DEFAULT beca\l$e: l i , ,. g. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following the following amounts are now past due: 6/1/99 throuw. 4/1/01 at $1,002.55 lotaling $23,058.65 xnonths and ~ ~ [Olhcr charges ~ L'* Charges $ 0 Deferred late cbarJles $ 1827.06 a 1TOTAL AMOUNTl'ASTDUES24,88S.71 . ~ B. YO~HA VEFAILEDTOTAKE THE FOLLOWING ACTION (po not "se ifnolannlicable): , ., HOW 40 CURl; THE DElI1A.IlLT - You may cure the default within THIR1Y (30) DAYS of ih. date of this notice! BY PAYING THE TOTAL MOUNT PAST DUE TO THE LENDER, WHICH IS $24 885.11 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE D~G ~TIIIR1Y (30) DAY PElUOD. PavmP.ll!S mmrr be made either bv cash. cashier'. chedc.eertified cheek or monev' order made navable and sent to: ~ :~ Litton I,nan Serviclnl!' LP. 5373 West Alabama. Suite 600. Houston. Texas 77056. J You caD. cure any other default by taking the following action within THIRIT (30) DAYS of the da~ (Do nol..... if not aDlI1icahle.) .~ .~ 1 :J:; ~ I .~ * l 'iG'd of tlris letter: EXHIBIT A 17G:,iJ to .~G lie", S8GG-~G9-Z~L:X~~ ^Jldnd~~ba'S,J~/~G~l~i _O~~X~_~~'~'U~ "I .- ,j'= . "'"~ -"'%i~ii,!j,i,o..i -...... . .:~.." '. IXA Page 4 ofS IF NOT THE DEF T - If you do not cure the default within lHIRTY (30) DAYS oftbe dat~ of this Notice, the lender intends to exerdse its ril!bts to accelerate the _malle debt. This mellDS tha} !he entire outstanding balance of this debt will be considered due immediately and you mIrj lose the chmce to pay the ~age in monthly installments. If full payment of the total amount past due is .not. made . within TaIRTY ~30) DAYS, the lender also intends . . > f I ;' to insttudt itsattomeys to start legal action to foredose onon your lnortl!!al!ed pronertv. 4 IF THE MORTG~GE IS FORECI,OSED UPON - The mortgaged propeny will be sold by the Sheriff to pay Off the m<>rtgagidebt!Jt the lender refers your case to its atlotneys, but you = !he delinquency before the lender begins legal pr<>e~~s agaJnst.. . . you., YOU. will still be required to pay the reasonable attorney's fee that were actually incwred.. up to SSO.UIf However, if legal pr<xeedixlgs ate started against you, you will have to pay all reasonable attomey's fees ae\ual1y lpcurredby. the . lender even if lhe e.xceed$SO.OO. Any attorney's fees will be added to the amounl yOll owe the len.der, "ibich may also include.01l:1er reasonable cost. If :l:ou cure the default within the THIllTV (30\ DAo V D""';Od. YOu will.laot be reauired to Dav attorney's fees. J . O~ENpERREmD:g:S - The ICllder may also sue you personally for the unpaid principal balance and all other SUlnS dudundetlhemortgage. ~ RIGHT;rO CURE THE DEFAULT PR.IOR TO SHERIFF'S SALE - If you have nol cured !he default within !he THIRn1 (30) DJ\. Y period and fo~closure proceedings have begun, vou still have the rie:hllo CUIe !be default and mevent the sale at an" time UQ 10 one hour before the. Sheriff's Sale. You mav do so by 9avinll the total 'I'immt then oast ch1el~lus ai1~ tate or other,c~es:then~tie ,reas.cmable attotnev'& fees and costs connected. with the foreclosure sale and anv 00... cOSts connected with the Sheriff's Sale as S1leCified in writinll bv the lender andbv nerfonnin!' anv other . retlU~ts undCl' the ~a2e. Curing your default in the II1l\llner set fortb in this notiee win restore your . ino~ to tb!OsaIDe position as ifyoQ had never del'aulted. EAln.~.ST POSSIBLE SHllUFF'S DATE - It is estimated that the _liesl date that such as Sheriff's Sale of the mortgag~ ~ could be held would bl!: approximately _6 montbs from the date (If this Nod"",. A notice of the acb!a1 date of the Sheriff's Sale will be senl to you before the .ale. Of course, the amount needed: to cure the defaUlt will increase the longer you wait. You JnllY fmd out al any time exactly what the required paYmenI or action Will be by contacting the lender. J HOW m CONTACT THE LENDER: ., INallle of Lender: UTTON LOAN SERVICING IAoddrOllS: 5373 W. ALABAMA, SUITE 600 Iphone Number: (113) 960-9676 ~ tFax Number: (713) 966-8906 fContac:t Person: Keisha Nelson I . E:FFEC~ OF SHER.IFF'S SALE - You should realize that a Sheriff's Sale will encl your owne",hip.. of. the mortga~d property and yoUr righllO occupy it If you continue 10 live in the property lifter the ~heritf's Sale, a lawswt to .--ove.~ou and your fiIlnishings and other belongings could be started by the lender al any lime. " ASSUJJpTION OF MORTGAGE - You _ mayor _ ~y not (CHECK ONE) se~ or tnmsfer your honle to a buter of transferee who will assume 1I:1e moItgage debt, prOVIded tha~ all the outstmdmgpa~ts, .charges and atlOIl11' s fees and costs arc paid prior to ot at the sale and that 1I:1e other reqUIrements of the morrgage ate satisfied. , , i 1 ~ . I EXHIBIT A GG'd VG:L1 10, VG ne~ S8GG-'G9-~IL:xe~ ^Jland~NoS'S,J~/NOllli ,:'~.~ ~"' """,,,_L. , ~"1 l.-.\i"""'''-'~;~'''-'''''''''''''-''''"''\ ......" 0> , ~ APPENIDIX A . f Page SofS . I ,. YOU MAY AUla HAVE THE RIGHT: , ,,' TO SELL THE PR.OPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY PR.OM ANO'IHERLENDING INS'ITIUI'ION TO PAY OP THIS DEBT. . ! i :t fO HA VB THIS DEFAULT CURED BY ANY TIllRD PARTY ACTING ON YOUR BEHALF. TO HA VB TIlE MORTGAGE RESTORED TO THE SAME POSmON AS IF NO DEFAULT HAD pCCURRED, IF YOU CURE TIlE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT. 10 CURE YOUR DEF AUL T MORE TIlAN THREE TIMES IN ANY CALENDAR YEAR.) I Iro ASSERT TIlE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING. PR ANY OTHER LA WSUlT INSTI'IUTED UNDER TIIE MORTGAGE OOCUMENTS. I. ... . ko ASSERT ANY OTHER DEFENSE YOU BELIEYE YOU MAY HA VB TO SUCH ACTION:BY . mm LENDER. l ITO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. f f ~ ;r.ONSUMER CREDIT CmJNSELING AGENCIES SERVING YOUR COUNTY (E'jll in j J!st of all Counselinl! Al!enci... listed in Annendix C. FOR THE COTJNTY in which the !! prODertv is located. usi,,!! additional nAPes if necesssrvl. t i W ~ ~ ~ CCCS of J...tern Pennsylvania. Inc. 2000 ,.ino1~own Road Haniisburl!Jp A ] 7] 02 . 1117L441-117 1 , ! Urhan uaJue of MetI'oDolitan Harrisburl! N. 6th sirei\\ lI,;,rri.bu~~PA 17101 17171214-S91lS . F ":I.'i7171214-9459 .. i I :j. , " , j, , i . .~ l * :r ; ,! fCe CumberlandCountv Financial CounselimJ Services of'Franklin 3] Welt 3rd Stteet Wavnesboro. FA ]7268 171717li2-3235 YWCA of Car-lisle 3001 G Street Carlisi.. P A 17013 17171243-3ltI8 FAXf71'1)73]-9589 'il(;:':.' W,il(; fiew S877 -79 "-J.xe. J..-. .-""Nwc'S~- '/N'o.EXHIBfT A v(..-~v -z.k.." .:J .J..I..dlI0/11 UQ U.:J I .J....i....L j ,,\;"......""'.w~~,~'" =. ~=...~_'_".,.~".~~ ~ ~ , 1, .. ~, ~~ ~ c I" >1;J'iI~&i@0'L PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) Lycoming-Clinton Counties Commision for Community Action (STEP) 2138 Lincoln Street P.O. Box 1328 Williamsport, P A L7703 (570) 326-0587 FAX (570) 322-2197 CLINTON COUNTY CCCS of Northeastern P A 1631 South Atherton St, Suire 100 Slare College, PA 16801 (814) 238-3668 FAX (814) 238-3669 CCCS of Northeastern P A 201 Basin Street WiIliamsport, P A 17703 (570) 323-6627 FAX (570) 323-6626 COLUMBIA COUNTY 31 W. Market Street POB 1127 . Wilkes-Barre. P A 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 1400 Abington Executive Park Suite 1 C1arks Summit P A 18411 (570) 587.9163 or (800) 922-9537 FA-X (570) 587-9134-9135 Commission on Economics Opportunity ofLuzeme County 163 Amber Lane Wilkes-Barre. P A 18702 (570) 826-0510 or (800) 822-03,59 FAX (570) 829-1665-(Cal1 Before Faxing) (570) 455-4994 Hazeltown FAX (570) 455-5631-(Cal1 Before Faxing) (570)836-4090 Tunkhannock CRAWFORD COUNTY Booker T. Washington Center 1720 Holland Center Erie, P A 16503 (814) 453-5744 FAX (814) 5749 Greater Erie Community Action Committee 18 West 9th Street Erie, PA 16501 (814) 459-4581 FAX (814) 456-0161 John F. Kennedy Center, Inc. 2021 East 20th Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 Shenango Valley Urban League, Inc. 601 Indiana Avenue Farrell, PA 16121 (412) 981-5310 CUMBERLAND COUNTY CCCS of Western Pennsylvania. Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541.1757 Financial Counseling Services ofFranldin" 31 West 3M Street Waynesboro, PA 17268 (717) 762-3285 Urban League ofMcuopolitan Harrisburg N.6"Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 YWCA of Carlisle 301 "G" Street Carlisle, PA 17013 . (717) 243-3818 FAX (717) 731.9589 Community Action Comm of the Capital Region 1514 Derry Street Harrisbur8, P A 171 04 (717)232-9757 FAX (717) 234-2227 Adams County Housing Authority 139-143 Carlisle St Gettysburg, P A 17325 (717)334-1518 FAX 334-8326 PENNSYL V ANlA BULLETIN, VOL. 29, NO. 23, JUNE 5, 1999 EXHIBIT A ,,~" _J ~'.~.~,. ~~,_.,~~ . L..U . . iUI THAT CERTAXN t~act o~ land with the bui~din9S and improvements thereon e~ected situate in U~~er A11en Township, Cumber~~nd County, Pennsy~vania, bounded and describea as follows, to wit: BEGJ:NNJ:NG at a point .in the sou.theastern line of Hel~am Drive, 50 feet wide, which point is on the line dividing Lots 16 and 17, Section G, as the same are shown on tha ha~einafter mentioned plan of ~ots; thence East along said line of Hellam Orive, in a curve to the right having a radius of 190 feet, an arc distance of 127.34 rQ8t ~o a point in the line dividing Lots 15 and 15, Sect~on G; thence South 21 desrees 37 minutes East, a~ong said dividing l.ine, 132.82 feet to a point in the no~thwQste~n line of Lot 2, section G; thence ~long said 1ine of Lot 2, South 35 deg~ees ,27 minutes West, 40.91 ~Qet to a point in the line dividing Lots 16 and 17 aforesaid; thence North 56 degrees 23 minutes West, along th~ last sai~ d~viding line, 152.70 feet to a point 1n the southeastern 'line ot Hallam Oriv&, the place of BEGINNING. BEING Lot No. ~G, Section G, Plan 4, of Kimberly Meadows, said Plan being recorded in Plan Book 31, paqa 123, Cumberland county Rec~.rc:lS . HAVING THEREON erected a single family dwelling known and numb@red as 14 Hellam Orive, Machanicsburg, Pa. BEING THE SAME PREMISES which Gary L. stonemetz and Jole.ne L. stonemetz, his wife conveyed unto Ben L. B:c::eneman, a Real Estate Broker, by deed dated July 28, 1988 and recorded August 5, ~9Ba in the Recorder's Office in and for Cumberland County I PA in Record Book M, Volume 33, Page 799. ONDER AND SUBJECT to conditions, restrictions, and easements of prio~ record pertaining to said premises. PREMISES: 14 HELLAM DRIVE "" "- j, """-~~~jt~~h;- ~ ; ~d.. _.' , ~~^ ,'j ~ - VERIFICATION LUCY HERRADA hereby states that she is FC COORDINATOR of LITTON LOAN SER VICINO mortgage servIcing agent for PIamuff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa, c'S, Sec. 4904 relating to unsworn falsification to authorities. DATE: Cf 310/ I , -, ~, ~ . i'Iik", , ~. '1; fi,';"'^"f~lllllllll.""";'-"!t;;;i;.~!'.i!~1ti:!i.illni,l~~?j:;;"1;h~'"';;ffl'i".'';""""i!'~""\"'-",,j~,",bH~~'~:n~~JJ joolti- ~. HlllftiWil!:m~~'''r'"' i1ill:!i~1 ;.~,~ ~""" ~~ !L ~ R -A iQ. (") <::) ~ l ~ c (:) V1 s: --'1 ~9~; '- (} 1,-= ~ :;,~ .. ,-<1 ~ () .:::c..:: g , zc-~ -':~f-::q W CS E4 c~~~ CO ," I .;:J "J I -t::t -::-;c.J .......:J ~ ~O -~". i;,;~~~ ;pC) ~ t? c W ~~)r{l r- ~:. "'"" -~ -; :u ~ 't -... In -< ~ ,~~ .~.~",~~_. - <'. ,'~".= - ."~- , ~ . " .'" - d ""^'''''''''~''',. SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-03757 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CREDIT BASED ASSET SERVICING VS KLINGER HELEN E ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT KLINGER HELEN E but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , KLINGER HELEN E WAS NOT AT 1 MADDER DR LOACTION EITHER. PER P.O. NEW ADDRESS:33 S HIGH ST #1 ROMNEY, WV 26757-1811 Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 6.50 5.00 10.00 .00 39.50 ~ ,'~ ......-'- So answe' ~ :. homas Kline .. Sheriff of Cumberland County FEDERMAN & PHELAN 07/09/2001 Sworn and subscribed to before me this /9 ~ day of 1'i J11-0/ A.D. ~ /") 'n1,II.., ./L_ ~'L- ~. /~ Pro notary "~'- " J'';') , """~,, SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-03757 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CREDIT BASED ASSET SERVICING VS KLINGER HELEN E ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT CUMANO AMEDEO S but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , CUMANO AMEDEO S NOT AT 1 MADDER DR. EITHER. PER POST OFFICE NEW ADDRESS: 33 S HIGH ST #1 ROMNEY, WV 26757-1811. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 so~~ ,~/~ R. homas Kline Sheriff of Cumberland .~ County FEDERMAN & PHELAN 07/06/2001 Sworn and subscribed to before me this 1<1'!f ~I A.D. pr~k~'tarq day of r;, fl"JpfJ;-.- ~ , .,- ~~~ ^~'"'"".; "'I~' lei I ~ '. _ ,,",,",,--~.,.,..:-' FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CREDIT BASED ASSET SERVICING AND SECURITIZATION, LLC 5373 WEST ALABAMA SUITE 600 HOUSTON, TX 77056-5923 Plaintiff TERM NO.OJ - J'1$7 CU; C' I~ CUMBERLAL'ID COUNTY v. HELEN E. KLINGER AMEDEO S. CUMANO, A/KJA AMEDEO KLINGER 14 HELLAM DRIVE MECHANICSBURG, PA 170556 Defendant( s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TIDS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. .. You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TIDS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. -'''Mi' ,..Ifu the "':,~1tj, We t\el'etW (l nil', d;~ With, in, to be II tnae an ,~' '~;,' .ua~If'Ol\M' , ~orr",....' .. ~.~ "..,=\~l""" ' "Y ", ~.11';\:l IPIIiELAN . ,:.:......: , .~".~_.."''''..,~ '1'"":"'t'-"".'"1'1F'~!"1I CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1'RUE COPY FROM, RECORD IaTlItIlIiMooy wllsr8Df, I here untG SIt q hInG ;.~.~~, ',PI. ~ ,:!~I , ~ "---- Loan #: 8176174 ~~~~'. ~ .,. ._~~ .. -~l ~~ilii;$i<l~j!e: [1" IF THIS IS THE FffiST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A . JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST . PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. ~~~_~J~__~' ~=.~" . ,~L ".' 1. Plaintiff is CREDIT BASED ASSET SERVICING AND SECURITIZATION, LLC 5373 WEST ALABAMA SUITE 600 HOUSTON, TX 77056-5923 2. The name(s) and last known address(es) of the Defendant(s) are: HELEN E. KLINGER AMEDEO S. CUMANO, A!KIA AMEDEO KLINGER 14 HELLAM DRIVE MECHANICSBURG, PA 170556 who is/are the mortgagor(s) and real owner(s) of the properly hereinafter described. 3. On 9/27/94 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FORD CONSUMER DISCOUNT COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1234, Page 1098. 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 6/1/99 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit" A." --'- ,.~', t~: ~O-.'. ." ~._~- .. ~~, '~ '." ',I -" ~J ~~~h,," ,. 6. The following amounts are due on the mortgage: Principal Balance mterest 5/1/99 through 6/1/0 I (per Diem $31.47) Attorney's Fees Cumulative Late Charges 9/27/94 to 6/1/0 I Cost of Suit and Title Search Subtotal $88,624.94 23,980.14 4,000.00 0.00 550.00 $117,155.08 Escrow Credit Deficit Subtotal 0.00 1.396.78 $1.396.78 TOTAL $118,551.86 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. g1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. This action does not come under Act 91 of 1983 because the mortgaged premises is not the principal residence of the defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $118,551.86, together with interest from 6/1/01 at the rate of$31.47 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. Isl Frank Federman FRANKFEDE~AN,ESQUIRE Attorney for Plaintiff ;Ju,.' -~- - I _, )'0 ~;(i~j;t,,> . .,~:.. ,: LITTON LOAN SERVIGING LP A. Affi/JJJts atC.BASS . 5373 West f~bama. Suite 600 Houston, T 1"""5 77056 , t Helen xJger Anledeo tlinger 14 Hella.ti: Dr , , Mechaniii,urg, P A 17055 ~ ~ , ! f , j Telephone 800-999-8501 Fax 713 966 8906. Date: 4/16/01 Page 1 ol5 APPENDIX A 1 t t Th!' i.ffl" Ii th th . d .. 8 IS aD 0 Clft no ce ::It, e morm-agl! on ~our home Lt in ~fault. and the lender intends to foreclose. Soecific Info~malion about the nature of the default is llrovided in the attached naves. ~ nJRoMEoWNER'S iyI0RTGAGE ASSISTANCE PROGRAM IHEMAPl mav be able to ,t belD to save Vour home. This Notice emlains how to Dr02:ram works. '< I!, To see it HEMAPcan heln.you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITH IN 30 DA,YS OF THE DAl}: OFTIIISNOTICE. Take this Notice with Vou when vou meet with the Counselin": Allenevi I . . . The na~e, addr.... and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end ~{the Notice. If you bave any questions, you may call the Pennsylvania Housing Finance Ageney toll free at ~ . 1-800-342-i397.(persons with impaired hearing can call (717)780-1869. W. . This Nqltce contains important legal information. If you have any questions, representatives at the Consumer Credit €oUDseUng Agency may be able to help explaill it. You may also waut to contad an attorney in your area. The 10eal bar association may be able to help you find a lawyer. 1 . $ LA NO!IFCACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AlFECTA SU DEIU:.CHO A CONTINUAR VIVn:NDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTlFICACION OBTENGA UNA TRADIZccroN lNMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING P'lNANCE AGENCY) SIN CA!ll.GOS AL NUMERO MENCIONADO ARR.lBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRiAMA LLAMADO "HOMEOWNER'S EMERGENCY M.ORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALV A$ SU CASA DE LA PlRDIDA DEL DERECHO A REDlM.IR SU B1POTECA. \. j ~ .~ t , ~ . ~ 1 ., i ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE* EXHIBIT A 6t'd Zi::n "(0, 17i: fie", S8i:Z-ti:9-ZtL:xej ^)~dnd~No8.SI)~/NO~~li -.., . - o.~ '~Wo "' .~ ." ~' _.. tlll " ~,'" , , j I APPENDf A 'H~OTn_,', 's NAME(S), Heled Iainger ~ ~eo Klinger l MAlLIN'" ADDRESS: 14beJlamdr -' MechllDitsburg, P A 17055 t - PROPEr ADDRESS:14111ellam Dr f Mechanicsburg, P A 17055 LOAN AfT. NO.: 8176174 ORIGJNALLENDER: i } i CUR:RENTrERlSEIWICE: I HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAy BE ELIGIBLE FOR F1NAJ'ICIAL ASSISTANCE WInCH CAN SAVE voua HOME FROM FORECLOSURE ,I A)ID HELP YOU MAKE FTmJRIt'Ml'lRTGAGEPAYMEl'ITS ..~ IF YOU qOMPLY WJTS THE PROVISIONS OF TlJE H01\1EOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF Il1S3 VHE "ACT"), YOU MAY Bit ItLlGIBLE FOR EMERGItNCY MORTGAGE ASSISTANCE: f , , '\ 1 , J i t ,TEMP0RARY STAY OF FORECLOSURE - Under the Act, you are entitled to a tempotllI)' stay offoreclosu:re ' On yo~mortgage for thirty (30) days from the date of this Notice. During that time you must ammge md attend ~ "Dce-te>- face" meeting with one of the conswner credit counseling agencies listed at the end of the Notice'11,'Bls~ET1NG MUST OCCUR WITHIN ~.NEXT (30\ DAYS~ IFYOU DO NOT APPLY FOR EMJ;Rof.NcY~O~"GAGE AS~ISTANCE YOU MUST'RllThlG. YOUR MORTGAClF. UP TO DATE. THE PART OF 'I'HTS NotICE CALLED "HOW TOCti'R.F. YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRlNG YOUR M:ORTGAGEtJP TO DATE. R' CONS~R CREDIT COUNSEJ~ING AGENCIES - If you meet with one of the consumer credit ,eounsetlng agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days aftl,r t1ie date of this meeting, The names addresses and telt1)hOne numbetS of desi~ted consumer credit cllunseliJ,,. al!enties for the county in which the "..ooertv is located are set fOl1h at the end of this Notice. It is only necessary to schedule one f3Ce-tc-face meeting, Advise your lender immediatelv of your intentions. 1 APPUCA TION FOR MORTGAGE ASISTANCE-Your mortgage is in default for the reasoD$ set forth later in this Notice (see following pages for specific Wonnall"" aboul the Datu"" of your default) If youbavettied and are UWlble tb resolve this problem with lhe lender, you bave lhe right to apply for financial assistance from the Homeowner's Emerge!cy Mortgage Assistance Program. To do so, you ID1ISt fill out, sign and file a completed H~WXIer' s Emergicy Assistance Program Application With one of the designated consumer credit counseling .gen~ies listed .tthe k * ! ! :i ,1 , . Page 2 ofS IF 1I0lJR DEFAtJl.T BAS BEEN CAUSED BlI CIRCUMSTANCES BEYOND VO~ CONTROL, IF YOU DAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY 1(1)1Jll MORTGAGE PAYMeNTS, AN)) IF YOU MEET orDER ELEGIBU,ITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA llOlJSIl'IG FINAl'ICE AGENCY. EXHIBIT A OZ'd ~O .~Z new S8ZZ-1Z9-~1L:xej ^J~dncA~Oh'SIJ~/NOLL~1 ~z:n "'"~,,''''''~ =~ L" '~~'"-~ ,-"~ ~ I........J_ - ~ ~1/jI1Ii. ~~~""""'''~_'M;-'' " t . ~ APPENIf't A ~ end of tml Notice. Only consumer CTedit counseling agencies bave applications for the progranllUld they w11l . asSist you in sWbitting a complete application to the Pennsylvania Housing FinlUll:e Agency . Your application MUST be filed or pOS!ln8tked within 1hirty (30) days of your face-to-face meetiJ>g. f YOU HYfi mE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO Da SO OR IF YOU DO NOT FaLLaw THE . OTHER 1IME PERICDS SET FCRTH IN TBlS LETl'ER, FORECLOS\lRE MAY PROCEEJ:J AGAINST yaUR. HaME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. . I . AGENcW ACTION - Available funds for emergency mortgage assistance are yay limited. They ~ . l t: i Will be qisbUISed by the Agency unde;r the eligibility criteria established by the Act. The . Peonsylvania HOl.Ising Finance 4gency has sixty (60) days to mal<;e a decision after il receives your application. During thaI rime, no foreclosure proce~s will be pursed against you if you have met the time requirements set forth abClVe. You will be notified directly bY !he Petmsylvania Housing Finance Agency of its decision on your application. } NOTE, xf YOUR ARE CURRENTL l(PROTEcrEDBY THE FJ~ING .oF A PETITION IN BANKRUPTCY, THE FOLLOWING PART .oF THlSNO'J'IC!:E IS FOR INFORMATION PURPOSES .oNLY AND SHaULD i NOT BE CONSIDERED ~ AN ATTEMPT TO COLLECT THE DEBT. ; (If you bave filed bankruptcy you dld slID apply for Emergency Mortgage Assisl.anco.) Page 3 ofS ROW Ta CYJRE YOUR MORTGAGE DEFAULT (Brin.. it nO to datel. ..1 l NATllRE OF THE DEFAULT - The MORTGAGE debl held by the above lender on your property located at. 14 Hellam Dr ~ . . IS SBRll!lUSL Y IN DEFAULT because: ~ i ., ., YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following the following amounts are noW past clue: 6/1/99 thto~ 4/1/01 at $1,002.55 totaling $23,058.65 llIllntbs and .~ '1 tOthor charges !'; Lal<: Charges $ 0. DeferredJale charges $ 1827.0.6 J jTOTAL AMOUNT PAST DUE $24,885.71 't ~ , B. YOe HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do notuse ifnot..""Iic:abJel: ,. HOW 40 CURE THE DEFAULT You may cure the default within 1HlR'IY (30) DAYS of the date of this notice & BY I'AUNG 'tHE TOTAL MOUNT PAST DUE TO THE LENDER, WIDCH IS $2488$.71 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DuRntG THE UURTY (30) DAY PERIOD. Payments must be made either bv cash. ea..hier's check. certified cheek o?" monev order made cavable and sent to; Litton I,oan Serviclnl! l.P. 5373 West Alabama. Suite 60.0.. Houston. Texas 770.56. You J cure any <rther defallll by taking the following action within THIRTY (30) DAYS of the date (po no~uSe if not atIDlicable.) , ., of this Jetter: .~ .~ , !; ~ .~ ~ ~ U; 'd EXHIBIT A VZ:Lt to. vZ he~ S8ZZ-tZ9-~tL:xe~ ^Jldna~No8'S,J~/NO~~li ,," =='. - ~, ;..;.L IlIIilIIilr~ ~' 1t"jf'-' ~4/~\~~~j!M_"oll,<,'c't. . .'~"'" I . ~IX A Page 4 ofs IF YOU to NOTctlRE THE DEFAULT - If you do not cure the default within TIiIRTY (30) DAYS of the dat~ of this ~otice, the ~ender intends t~ exerds~ its ri~bts to accelerate the mol'tl!a~e debt. This means thaI the entire outstallding balance ofth,. debt will be considertd due immediately a:nd yoti _y lose the chance to pay the 'roorlgage in monthly instalbnents, If full pa)'IDellt of the total amount post due is .not'. lII8de . withiD 1HIR1Y~30) DAYS, the lender also intends . . . f 1 , to instru~ its attomeys to start legal action to foredose QDOn vour mort~aVed pronertv. ~ IF THE MORTGAGE IS FORF.CI.OSED UPON - The mortgaged propertY will be sold by the Sheriff 10 pay Off the _ngagidebl If the lender refers your case to its attcmeys, but you cure the delinquency before the lender begins legal procceclUiss agaiDst you, you will still be required lo.pay. the reasonable attorney's fee that were actually in=ed, up 10 SSO.~ However, iilegal proceedings ate stamd against you, you will have 10 pay all reasOllllble a!tomey's ICes actual1yi!>cuned by the . lender even if the ""ceed SSO.OO. Any attorney's fees will be added 10 the amcuntyou owe the len~r, wlUch may also includc other reasonable cost. If you cure the default within the TB:I:9TY 130\ IlA V DoriO.!. yOU wiD '&0' be reauired to oavattornev's (e8. 1 . O~"RiIr .1r.N'hl!:R REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums duduncler the mor1gagc. ~ ~ RlCHT;rO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you bave not cured the default within the THlRTI1(30) DAY period and foredl!sure proceediDgs have begun, vou still haye the nebt to cure the default ';"d I>reventthe sale at any time 01> to one hour ber",e the Sheriff's Sale. You maY do so bv Davim! the tat8l anio\mt then 2,lSt dae~1)lus any late or other charees then due. 'reasnnahle attomev~s fees and costs connected with the foreclosure sale and anv bther costs connected with the Sherifrs Sale as medfied in writinll bv the lender and bv oerfonnirur any other , teal\irem'6rts under the ~n2a2e, CUrillg your default in tbe manner set forth in this notice will restore your . ino~ to tbe same position as if you had never defaulted. EARLIIiST POSSIBLE SHERIFF'S DATE - It is estimated that the earliest date that such as Sheriff's Sale of the mortg.g~ property could be held 1v"lIld be appro:o:imately _6 mOllths 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 fllld out at any time exactly what the required paYment or action Wfu be by contacting the lender. J ~ HOW TO CONTACT THE LENDER: ., lName of Lender: ~ IAddreos: iphone Number: ~ }Fax Number: (713) 966-8906 ~Contac:t Person: Keisha Nelson , EFFEdr OF SH1r.RIFF'S SAI,E - YOIl should realize that a Sheriff's Sale will end your o~eISh.ip. of, the mortgaged property and your right to occupy it If you continue to live in the property after the ~heriff'5 Sale, a lawswt to remove, you and your t'tmlishings and other belongings could be started by the lender at any time, I( ASSI~TION OF MORTGAGE - You _ mayor _ may not (CHECK ONE) set.l or mmsfet your ho_ 10 a blLyer or tranSferee who will assume lbe mortgage debt, provided tha~ all the outstanding payments; .charges and attomCJ!;'s fees and costs arc paid prior to or at the sale and that the othet requlremell.t!l of the mortgage are satisfied. -J: , t{ ^ , f t t i 1 cCd UTTON LOAN SERVICIN'G 5373 W. ALABAMA, SUITE 600 (713) 960-9676 EXHIBIT A I7c;.!j roo I7c fie" S8cc-rc9-fr~:xe~ ^J~andA~o&'S~J~/~C~I~ __",~__'.k ~ '-. .....' ~I - ~ -, ~- Lo - -~!l'jff~~:, " I APPENJDIX A . { , J , 1 ..i ~ . t fO HA VB 1HIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. [0 HAVE THE MORTGAGE RESTORED TO TIIE SAME POSmON AS IF NO DEFAULT HAD pCCURRIID, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE TInS RIGHT 10 CURE YOUR DEF AUL T MORE TIIAN THREE TIMES IN ANY CALENDAR YEAR.) .~ !fo ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY DTIIER LA WSUlT INSTI'IVfED UNDER TIrE MORTGAGE DOCUMENTS. I . .. tro ASSEItT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY , 1THB LENDER. ! tiO SEEK :PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. f 1 , fONSUMER CREDIT COUNSELING AqENCIES SERVING YOUR COUNTY ('IliJl in it list of all Counselimz A..encies listed in Annend;" C. FOR THE COUNTY in which the \; DrDDerN is located. usin.. additional Da..ell if necessarvl. t ~ t ~ & \ ~ CCCS of Jestern Pennsvlvania. Inc. 2000 Lin9'l~town Road . Hanisbul'2~P A 17102 (717(541_117 .1 1 I Urban LeaJue of Metrc>Dolitan Barrisbur!!: N.6th Streilt lhrrisbur~PA 17101 17171234-S!i1!S FAXi7171234-9459 '. ~ ~ l ~ ., , '1 , l, , I ,j , I , .~ ! " Page S ofS YOU MAY ALSO HAVE lHERIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGB DEBT OR TO BORROW MONEY nOM ANOTHER. LENDING INS'lTIUI10N TO PAY OF TInS DEBT. . CumberlandCountv Financial Counselin.. Services of Franklin 31 West 3rd Street Wllvnesboro. PA 17268 17171762-3285 YWCA of Carlisle 3001 G Street Carllsle. PA 17013 17171243-3818 FAXf7171731.9S119 ~G'd VG:L1 10. VG ne~ _ EXHIBIT A S8GG-'(G9-~1L: xe.:i AJ.Lcii-''')II~oE 'S-,J~/i"U.L.Ll I -~._.,'"... .'. .~~ ~ ~ "I . ~ roo' ~. . -~I!.m'~i6li\i,W,",~ PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) CLINTON COUNTY Lycoming.c1inton Counties Commision for Community Action (STEP) 2138 Lincoln SlIeet P.O. Box 1328 Williamspon, P A 17703 (570) 326-0587 FAX (570) 322.2197 CCCS ofNonheastern P A 1631 South Atherton St, Suite 100 State College, P A 16801 (814) 238-3668 FAX (814) 238-3669 CCCS ofNonheastern PA 20 I Basin Slreet Williamspon, P A 17703 (570) 323-6627 FAX (570) 323-6626 31 W. Market Street POB 1127 Wilkes-Barre, P A 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 COLUMBIA COUNTY 1400 Abington Executive Park Suite 1 Clarks Summit; P A 18411 (570) 587.9163 or (800) 922-9537 FAX (570) 587.9134-9135 Commission on Economics Opportunity ofLuzeme County 163 Amber Lane Wilkes-Barre. P A 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1 665-{CaIl Before Faxing) (570) 455-4994 Hazeltown FAX (570) 455-5631-{Call Befure Faxing) (570)836-4090 Tunkhannock CRAWFORD COUNTY Booker T. Washington Center 1720 Holland Center Erie, PAl 6503 (814) 453-5744 FAX (814) 5749 Greater Erie Community Action Committee 18 West 9th Street Erie, PA 16501 (814) 459-4581 FAX (814)456-0161 John F. Kennedv Center, Inc. 2021 East 20lh Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 Shenango Valley Urban League, Inc. 60 I Indiana Avenue Farrell, PA 16121 (412) 981-5310 CUMBERLAND COIlNTY Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg N. 6" Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 YWCA of Carlisle 30 I "G" Slreet Carlisle, PA 17013 , (717)243-3818 FAX (717) 731-9589 Community Action Comm of the Capital Region 1514 Derry SlIeet Harrisburg, PA 17104 (717)232-9757 FAX(717)234-2227 Adams County Housing Authority 139.143 Carlisle St Gettysburg, PA 17325 (717) 334-1518 FA..'( 334-8326 PENNSYLVANIA BULLETIN. VOL. 29. NO. 23. JUNE 5. 1999 EXHIBIT A -.dilil:ll'~' 1.,;1 ~~~~~ -" """"""~~-~ JUI THAT CER~AIN t.act of land with the bui~din9s and improvements ~hereo" erected" situate 1n Upper A~1en Township, CUmber~Qnd Councy, Pennsylvania, bounded and described as fellows, to wit: BEG~NNZNG at a point in the southeastern ~ine of Hel~am Drive, SO ~eet wide, which point is on the line dividinq Lots 16 and 17, Sec~ion G. as the same are shown on the hereinafter mentioned plan of ~ots; thence East a10n9 said line of Hallam Orive, in a curve to the r~9ht having a radius of 190 feet, an arc distance of 1~7.34 faat to a point in the 1~ne dividing Lots 1S and 16, Section G; thence South 21 deqrees 37 minutes E~st, a10ng said dividing 1ine. 132.82 feet to a point in tne nor~hwestQrn 11n2 of Lot 2. Section G; thence a10nq said 1ine of Lot 21 South 3S degrees 27 minutes West, 40.91 r'eet to a point in the 1ine cliviclinq Lot.s 16 and l. 7 aforesaid; thence North 56 degrees ~3 minutes Westl a10ng tbe last said d~v1dinq line, 152.70 feet to a point in the southQastern line of He11am OrivG, ~he p1ace of aEGXNNING. BEING Lot No. ~G, Section G, Plan 4, of Kimber~y Meadows, said P~an ~eing recordeo in Plan Book 3~1 Page 123, Cumberland county Rec~.ras . HAVING THEREON erected a single family dwelling known and numbered as 14 Hellam Orive, Mechanicsburg, Paw BEING TUE SAME PREMISES wh~ch Cary L. stonemetz and Jolene L. stonemetz, his wife conveyed Unto Ban L. Brenemanl a Real Estate Broker, by deed dated July 28, 1988 and recorded August 5, ~9aa in the Recorder's offies in and for Cumberland County. FA in Record Book M1 Volume 33, PagQ 799. ONDER AND SUBJ~CT to conditions, restrictions, and easements of prior record pertaining to said premises. PREMISES: 14 HELLAM DRIVE ~ "'. i ~_~,,!;. "~'"M,". ~ ;"","",<. "~" - --, A ",I "0 ,~J... '".... , ~-- "'f"1Ii .~"~ '. <", \. VERIFICATION LUCY HERRADA hereby states that she is FC COORDINATOR of LITTON LOAN SERVICING mongage servIcing agent for Plaintitl'in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The underSigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: G(r3hl I ~~'IMli.")M!j o"''''""",>~.,,,' , , .,. , ~ '~"O"'~'~ --, , ,~~~. -. .v.<J;t.i;'i"'l\lliil:IiM'", - '-~Jl;!milii~~il; '.';"'C'<L.';ifr,,,~~<t"'~~ ,'",;,,,, - \ c>Q{3d " , 1 "," ',', \1\ H',!I. " ",", G\ lmf " 61 lit V\\1 - , In .~ .u, 1 A1NI\C (~; ~:l1\\3H, V",, ./:,<,," " ,=:",,~-' ,~~, '~"".. . ;,dflD ..' ",'\ 3;1;:;\;10 ~H'd .:ii', _.- .:- ~,;.~'. ',... - '::.' . .. ~ ~ 4 J~ 't~/Jft ~ r-"- ,,~ . ~~~~O~ ~".~~ . 1\ >' ,,' ~~"J . -~ 'I ~ '.~i<!I~.l>~';, FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATIORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION CREDIT BASED ASSET SERVICING AND SECURITIZATION, LLC 5373 WEST ALABAMA SUITE 600 HOUSTON, TX 77056-5923 TERM GOl'(T~ Plaintiff NO. 01 -~'1S7 v. CUMBERLAND COUNTY HELEN E. KLINGER AMEDEO S. CUMANO, AlK/A AMEDEO KLINGER 14 HELLAM DRIVE MECHANICSBURG, P A 170556 Defendant( s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TillS DEBT WAS NOT REAFFIRMED, TillS 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 TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION . -'''!}~W!lJl 2 LIBERTY AVENUE We hereby certify the ~~'r':i CARLISLE,PA1701~RUE COpy FROM. RECORD wbhintobeatrUeand . -., (717)249-3166 ...T...... . . ... -"'WIY Wllereof, I hereunto Sit mr hand ~. edCOPY. orb. . _tile .of -~.at Cai1leie.' Pa. ~~leIliledorQ'lCORt TIIIIL. .... _ _ .,..)~_ ~MlOPHELAN '- ~ L =~~ Loan #: 8176174 11 "j ,J '" IF THIS IS THE FIRST NOnCE 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 ADVJ[CE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. , . , ikb61~ .' ""'"""';bi;Oi!H~j!f:-'ili,"";'- ( - ~.I. . _. .1 ~- /. c,_ , - ~ ~' ~- t:r'1 ~ ,~ - 1. Plaintiff is CREDIT BASED ASSET SERVICING AND SECURITIZATION, LLC 5373 WEST ALABAMA SUITE 600 HOUSTON, TX 77056-5923 2. The name(s) and last known addressees) of the Defendant(s) are: HELEN E. KLINGER AMEDEO S. CUMANO, A!KIA AMEDEO KLINGER 14 HELLAM DRlVE MECHANICSBURG, PA 170556 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 9/27/94 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FORD CONSUMER DISCOUNT COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1234, Page 1098. 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 6/1/99 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." "" "." = ~ ~- I' ,-, -.~ , " 6. The following amounts are due on the mortgage: Principal Balance Interest 5/1/99 through 6/1/01 (per Diem $31.47) Attomey's Fees Cumulative Late Charges 9/27/94 to 6/1/01 Cost of Suit and Title Search Subtotal $88,624.94 23,980.14 4,000.00 0.00 550.00 $117,155.08 Escrow Credit Deficit Subtotal 0.00 1.396.78 $1.396.78 $118,551.86 TOTAL 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. ~ 1680A03c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. This action does not come under Act 91 of 1983 because the mortgaged premises is not the principal residence of the defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $118,551.86, together with interest from 6/1/01 at the rate of$31A7 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale ofthe mortgaged property. /s/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff , . ~K"',~-,,~,,' I' .... . ,= , ' 'llii~""';~.ilm';m:. ~-- , , ~, LITTON LOAN SERVICING LP A.n A.fJj/ims DfC.BASS ' Telephone 800-999-8501 Fax 713 966 8906 ,. '. . 5373 West ~abama. Suite 600 Houston. TEFs 77056 1 Helen xcJger Ame<1eo ~inger 14 He11a.tilDr '< Mechanilbarg, P A 17055 ~ j I ! t !' j Date: 4/16/01 Page 1 of5 APPENDIX A ACT 91 NOTICE 1,' TAKE ACTION TO SAVE ~ YOUR HOME FROM * FORECLOSURE* ~ , This Is J. official notice that the mort!!a..e on vour ho!"e is in default. and the lender intends to foreclose. Sbecific Informailon about the nature of the default is Drov;ded in the attached Da..es. , ~ - ThJHOMEOWNER.'S MORTGAGE ASSISTANCE PROGRAM IH'EMAPl maY be able to t belD to save vour home. This Notice emlainshow to DrO!!'ram works. " ,< " To .ee Ii HEMAl' can heln. voumustMEET WITH A CONSUMER CREDIT COUNSELING AG1'lN~ WITH IN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice 9fith vou wheD vou meet with the Counselln9 ,uenCY4 I . . . The na~e, address and pbone number of Consumer Credit Counseling Agellcies serving your County are lisled at the elld !lUhe No.tice. If youbave any questions, you may call the Pennsylvania Housing Finance Agency loll'free at i 1-800-342-2397.(persons with impaired hearing can call (717)78Q.-1869. ~ This Nq~ce contains important legal information. If you have any questions, representative. at the Consnmer Cred.it €ounseling Agency may be ahle to help explaiu it. You may also want to contad an attorney in your area. The lodl bar association may be able to belp you fiDd a lawyer. J 1 LA NOTIFCACION EN ADJUNTO IS DE SUMA IMPORTANClA, PUES AFECTA SU DERECBO A CONTINUAR VIVlENDO EN SU CASA. SI NO COMPREMlE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRAtllrcCION INMED1TAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CNRGOS AL NUMERO MENC10NADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRiAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALV ^* SU CASA DE LA PERDIDA DEL DERECHO A REDlMlR SU HlPOTECA. \ 1 ~ .~ t , Ii 1 ~ 1 " EXH\BIT A 61'd ro, vi: fieN SSi:i: 1i:9-~1L:xe~ AJlan~~~oa'SIJ~/~O~~ll ~i::n , 1~ j i APPENDf A .~~O~, . R'SNAME(S), Helea KIilIger ~ . AJnedeo Klinger .~ MA.J:LIN1 ADDRESS: I4beJlamdr f Mech8.Dicsbnrg, P A 17055 } - PROPEr ADDIl.ESS:14 HellamDr t Mechanicsburg, p A 17055 LOAN AtT. NO.: 8176174 , ORlGJNA'LLENDER: i t ~ CUUENl'rm'ERlSEIWICE: ,~ :j f YOl! MAy BE ELIGIBLE FOR FINANCIAL ASSIST~CE WHICH CAN SAVE VOUR HOME FROM FORECLOSURE . ~ AND8ELPYOlJMAKEFUTlIREMORTGAGEPAYMENTS ',~ , IF YOU qOMPL Y WITH THE PROVISIONS OF. THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF l!1831p'HE "ACT"), YOU MAYBE :ELIGIBLE FOR EMERG!N'CY MORTGAGE ASSISTANCE: " ,t I I l" , 1 "i 1 ! r , TEMP<ilRARY STAY OF FOJU:CLOSURE - Under the Act, you are entitled to a tempcnary sta.y offcreclosure . on youx:i'mortgagefor thirty (30) days from the date of this Notice. During that time you must anange and attend ~...tace.tc>-face" meeting with one of the conswner credit counseling agencies listed at the end of the Notice.iTBIS MJETINGMUST OCC~ WIymN THE NEXT /30\ DA ,(S. IF YOl) DO NOT APPLY FOR FMRRcffiN'CY MORTGAGE AS~ISTANCB yOU MUST aR/NG'lOUR MORTG~0JUIP TO DATE. THE PART OF THI!'l NOTICE CAttED "HOW TOCURIl YOUR MORTGAGE DEFAtJT.T" EXPLAtNSg,OW TO BRlNG YOUR MORTGAGE tIP TO DATE. w CONSiMER CREDIT COUNSELING AGENCIES - If you meet with one of the eonsumer credit counserlng agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days affi.r t1ie date of this meeting. The names addresses and teleDhone nUtnbetll of desicmated cnn.umer credit counselfup a~endes for the cOWltv in which the nmoertv is lOcated are set forth at the end of this Notice, It is only necessa-ry to schedule one face-tc-face meeting. Advise your lender imrnediatelv of your intentions, ~ APPLiCA nON FOR MORTGAGE ASISTANCE- Y oW" mortgage is in default for the reasons set forth later in this Nonce (see follOWing pagC$ for specific imonnation about the Daiure of yo1U' default) If you have tried and are WIllble i1; resolve this problem with the lender, you have the right to apply for financial usislance ftoIll the Homeowner's Emerg~ Mortgage Assistance Program. To do so, you must fill out, sign and file a completed H~wner's Etnetgei.cy Assistance Program Applic;ation with one of the designated consumer credit cO\mseling agencies listed at the I' ' . { I t ~ , , /' " OCd ......... . ~ ~ _j_il '---" >-. J~<~~" "' ~~ ~ n-,Cd-. -i/d' J. ~'~-W:b,,,.,.,~..,,,,..J; Page 2 of5 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM: IF YOW DEFAVLT HAS BEEN CAUSED BY CIRCUM'Sl'A/I'CE.'l BEYOND YOUlt CONTR.OL, IF YOU llAVE A REASONABLE Pli\OSPECT OF BJiiING ABLE TO PAY YOUli\MOR:rGACE PAYmNTS, ANII IF YOU MEET OJ:BER. ELEGlBu..rry Iqi:Q1JIUMENTS l;:STABLISBED BY THE P&l'lNSYLVA/I'IA HOUSING FL'lA/l'CE AGENCY. EXHIBIT A ~ Z(';:.::1 !D. 17('; fiel->i S8(,;(,;-~(,;9-Z~L:xej ^Jldnd~~~8'SiJj/~G~~li I ..,.~_ "W- ".-. - ...~-, .,""""~, ~~r...,._~". / " i , .. J APPENJ::!tXA t end Of~ Notice. Only consumer credit counseling age;ocies have applications for the program and they will asSist . you ill submitting a complete application to the Pennsylvania Housing Pin8ll<:e Agency. Your application MUST be filed or poct:matked within thirty (30) days of your face-to-face meeting, f YOU ~ Fn..E YOUR APPLICATION PlI.OMPTLY.lF YOU FAlL TO DO SO OR IF YOU DO NOT FOLLOW 1'BE . OTHER 1JME PERIODS SET FORTH IN TBJS LETTEll, FORECLOSlJRE MAY PROCEED AGAINST YOVR HOME lMMEDIATEL Y AND YOUll APPLlCA nON FOR MORTGAGE ASSISTANCE WILL BE DENIED. .~ AGENOY ACI'lON - Available funds for emergency mortgage l!.5sistance are very limited. They ~ . 1 t i Will be qisbuxsed by the Agency unde;r the eligibility criteria established by the Act The Pennsylvania Housing Finance 4geney has sixty (60) days to make a decision after it receives your application. During that rime, DO foreclosure proce~s Will be pJ1ISed against you if you have roet the time req11irements set forth above, You will be notified directly !:if the Pennsylvania Housing Finance Agency of its decision on your application. 1 NOTE: iF YOUR ARE CURRENTL'i PROTECIeD BY TH.€ FILING OF A PETmON IN BANKRUPTCY, THE FOLLOWING PART of' TBJSNOTICE IS FOR lNFORMATI0N PURPOSES ONLY AND SHOULD ~ NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. i .~ ....:.:'.. " < ....' Page 3 of5 (If yo. have mod baokruptcy you ca. still apply for Emergeocy Mortgage IUsistaoce.) I NATTlRE OF THE DEFAULT - The MORTGAGE debt held by the above lendcr on your properly JO<lated at: 14 Hellam Dr ~ , . , IS SERl~USL Y IN DEF AUL T because: ~ ROW TO CURE YOUR MORTGAGE DEFAULT/Brio" it un to date). i " , + YOU HA VB NOT MADE MONTHLY MORTGAGE PAYMENTS for the following the fQllowing amounts are now past due: 6/1/99 thr01lgh 4/1101 at $1,002.55 totaling $23,058,65 .tllOnths and '~ } lOther charg.. ~ Late Charges $ 0 Deferred late charges $ 1827.06 J lTOTAL AMOUNT PAST DUE $24,885.71 I, ~ " B- YOG' HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do uot use lfnot a""licable): } HOW 40 CURE THE DEii' AUL T - You may cure the default within 'IHIRTY (30) DAYS of rhe date of this notice i BY PAYING TIlE TOTAL MOUNT PAST DUE TO THE LENDER, WInCH IS $24 88~.71 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE , . ---' Ie. ertifi d. DURnfG THE TIlIRTY (30) DAY PERIOD. PaYments mW<t b. made either bv cash, ea..hier's .hoce e cheek ~ money order made !lavable and sent to: Litton I,oan Servicinl" LI', 5373 West Alabama Suite 600. Houston. Texas 77056. j You caD. cure any other defa1l1t by taking the following action within THIR'IY (30) DAYS of the date (Do noiu8e jf not aDDlicable,) , " of this letter: 1 t , ~ \ !~ , '. ., J 1Z'd 17(;;<.1 10. 17(; new EXH\BIT A SS(;(;-t(;9-~tL:XEj ^Jldnd~~~a'SIJj/NU1~", " -.., ':~">' ,. - . , _ ~ ,.J "'..-- ~-- - """""~'"'lliI": ,~' 2"'~_, ~ ~." ;-.;,,;;.i-=,L_~. I' . bPENDIX A Page 4 ois IF YOl' 10 NOT CURE THE DEFAULT-If you do llOt cure the defaultwithinTIiIR1Y (30). DAYS of the dat~ of this Notice, the lender intends to exercise its ril!bts 10 :accelerale the mort~al!e debt. This meaDS th.'f the entire outstanding balance of this debt will be considered due immediately and you may lose the chmce to pay the: 'DJortgage in mOllthly installments. If tUn payment of the total amount post due is .not.. made ,withill THIRTY 1(30) DAYS, the lender also intends . . > f . I to insl:tu~ its attorneys to start legal action to foreclose UDon your mortl!al!ed proDertv. t IF 'J'H.E MORTG,\GE IS FORF.CJ .OSED UPON - The mortgaged property will be sold by the Sheriff to pay Off the JDOrtgagidebl It the lender refers your case 10 its attotneys, but you cure the delinquenc:y before the lender begins legal proc~~ against you, you will stil1 bc required 10 pay the reasonable attorney's fee that were actually incurred, up to S50''''f However, iilegal proceedings are started against you, you will have to pay all reasonable attcmey's fees actually i!>curred by the lender 'Ven iilhe exceed $50.00. Any attorney's fees will be added to the amauntyOu owe the lender1 ~ch may 'also include other reasonable cost. ,If vou cure: the def9.ult within th6 THIRTY (30\ :DA. V Deriod . . yOU will 'Dol be I::'eauired to Dav attorney's fees. 1 . , OTHE~iIr.ENDERREMEDIES - The lender may also suc you personally for the unpaid principal balance and all other sums duduhder the mortgagc. ~ } RIGHT ;1'0 ~ THE DEF AUL T PRIOR TO SHERIFF'S SALE - If you have not cured the default within !he TIiIR'!1:1 (30) DAY period and foreclosure proceccliDg$have;ibe~ you still have the riml to cure the def.mlt and ........en! the sale at any time Un to one hour before the Sheriff:s Sale. You maY do so bv Davim! the totli1 .mmmt then out duel-otus anv. late or other c~es -then ~e. re~cmable, ~ttotnev~g fees and costs connected with the foreclosure sale . and any bther c~ connected with the ShePff s S~le, as ~ifi~ in writing bv the lender and bv oerfonninl! anY other reollirerdmts unddr the mort~a2e. Curing your default in the lIIanner set forth in this notice will restore your . mo~ to the same position a.lf you had never deC_lIIted. ,', EARLIEST POSSIBLE SHERIFF'S DATE - It is estimated that the: _liest date that such as Sheriff's Sale of !he mortgag~ property could be held would be approximately _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 fmd out at any time exactly what the required paYment or action w1n be by contacting the lender, J HOW 1b CONTACT THE LENDER: " lName of Lender: UTTON LOAN SERVICING !Address: 5373 W. ALABAMA, SUIl'E 600 lphone Number: (113) 960-9676 ~ ~Fax Number: (713) 966-8906 ~Contact Person: Keisha Nelson , EFFEJr OF SRERIFF'S SALE - You should realize that a Sheriff's Sale will eml your o~ership. of. the mortgaged property and your right 10 occupy it. If you cantinue to live in the property after the ~herifI's Sale, a lawSU1t to r""'ove~ou and your furnishings and other belongings could be started by the lender at any tJme. ~ ASStnJrnON OF MORTGAGE - You _ mayor _ lWly not (CHECK ONE) se~l or transfer your home to a bu.yer or transferee who will assume the mortgage debt, provided tha~ all the autstmdmg payments, .charges and attomeJi's rees and costs are paid prior to or at the sale and thatthc other requirements of the mongage are satisfied. , " ~ " ': 'I ~ I EXHIBIT A <-2:' 'q 17(;:n ro. 17(; fiev, S8(;(;-~(;9-~'C.!.:XP.J "J101I21:>11'0& '$-IJ.J/I'C1.","' , f :1 t ~ " ~o HAVE TIllS DEFAULT CURED BY ANY 1HIRD PARTY ACTING ON YOUR BEHALF, I . . I'O HA VB THE MORTGAGE RESTORED TO THE SAME POSmON AS IF NO DEFAtJ1.T HAD PCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT. 11'0 CURE YOUR DEPAUL T MORE TIiAN THREE TIMES IN ANY CALENDAR YEAR.) i '1. [0 ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING PR ANY OTHER LAWSUIT INSTI'IUTED UNDER TIIE MORTGAGE DOCUMENTS. ~ tro ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAYHA VB TO SUCH ACTION BY . .trHE LENDER.. ~ . ITO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. f f i '(.ONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (11i11 in j list of all Counselin.. A"encies listed in ADnendix C. FOR THE COUNTY in which the ;: pronertv is located. usin" additional Da"eS ifnecessarvl. ~ ~ W ~ ~ ;,. CCCS of Jest em Pennsvlvania. Inc. 2000 Lin21~town Road . !!arrisburl!h> A 17102 1717C!Wl_117 .f l .I Urban Leaiue of MetroDolitan Harrisburl! N. 6th Street Himishur~PA 17101 1717\2340-S91lS . FA-yj'717\234-9459 '. I ~ 1 ! " . , ! ""' . . ,. ". f ! APPENIDlX A . ? I ~' '0. l, , I ',j ;, ~ , " ,; 1 , . " ~ .<j ~"""..i_~",~- .~~.,=" " Page 5 of 5. YOU MAY ALSO HAVE THE RIGHT! TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE. PEBT OR TO BORROW MONEY nOM ANOTIIER LENDING lNS'l1'1tJTION TO PAY OF THIS DEBT. . ComberlandCountv Financial Counselin" Services of Franklin 31 Welt 3rd Street Wawf$bol'o. FA 17268 17171762-328S yWCA of Carlisle 3001 G Street Carlisle. PA 17013 1717\243-3818 I1AXl717'l731-9589 zed VG:L, 10. VG np~ _ EXHIBIT A S3GG - 'G9-Z',,,,: XP.:i AJloild),l,;bE 'SIJ"/NUl.l.l ; J'I .~"' "'-'<~--'-~"- '"'''--'~f,!-,: ,- " PENNSYLVANIA HOUSING FINAL 'ICE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) CLINTON COUNTY Lycoming..clinton Counties Commision for Community Action (STEP) 2138 Lincoln Street P,O. Box 1328 WilIiamspolt. P A 17703 (570) 326-0587 FAX (570) 322-2197 CCCS of Northeastern P A 1631 South Atherton St, Suite 100 Stale College. P A 1680 I (814) 238-3668 FAX (814) 238-3669 CCCS of Northeastern P A 20 I Basin Street WilIiamspolt. P A 17703 (570)323-6627 FlCX(570)323-6626 31 W. Market Street POB 1127 Wilkes-Bllll'e. P A 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 COLUMBIA COUNTY 1400 Abington Executive Park Suite I Clarles Summit, P A 18411 (570) 587-9163 or (800) 922-9537 FA-X (570) 587-9134-9135 Commission on Economics Opportunity of Luzeme County 163 Amber Lane Wilkes-Bllll'e. PA 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1665-{Call Before Faxin8) (570) 455-4994 HazellOwn FAX (570) 455-5631-{Call Before Faxing) (570) 836-4090 Tunkhannock CRAWFORD COUNTY Booker T. Washington Center 1720 Holland Center Erie, P A 16503 (814) 453-5744 FAX (814) 5749 Greater Erie Community Action Comminee l8 West 9th Street Erie, PA 16501 (814) 459-4581 FAX (814) 456-0161 John F. Kennedy Center, Inc. 2021 East 20. Slr""t Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 Shenango Valley Urban League, [nc. 601 Indiana Avenue Farrell, PA 16121 (412) 981-5310 CUMBERLAND COUNTY Financial Counseling Services of Franklin 31 West 3'" Street Waynesboro. PA 17268 (717) 762-3285 CCCS of West em Pennsylvania, Inc. 2000 Linglestown Road Hnrrisburg, PA 17102 (717) 541-1757 Urban League or"Meuopolitan Hamsburg N. 6" Street Harrisburg, P A 1710 I (717) 234-5925 FAX (717) 234-9459 YWCA of Carlisle 30 I "G" Street Carlisle, PA 17013 . (717) 243-3818 FA-X (717) 731-9589 Community Action Comm afthe Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Adams County Housing Authority 139-143 Carlisle St Gettysburg, PA 17325 (717) 334-1518 FA-X 334-8326 PENNSYLVANIA BULLETIN. VOL. 29, NO. 23,JUNE 5.1999 EXHIBIT A "ft 0';""'- , ~I b..!Fi.~l:...Ui<lo,,~<, ." ... iU[ THAT CEa~AIN tract o~ land with the bui~din9S and improvements ~hereon erected situate in Upper Allen TownShip, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGrNNING at a point in the southeastern line of Hallam Drive, SO ~eet wide, which point is on ~he line div1dinq ~ots 16 and ~7, Section G, as the same are shown on the hereinafter mentioned plan of lots; thaneQ East a~on9 said line of He~lam Drive, in a curve to the r~ght having a radius of 190 feet, an arc distance of 127.34 ~Qet to a point in the line dividing Lots 1S and 16, section G; thence South 21 de9rees 37 minutes E~st, a~ong said d~viding line, 132.82 feet ,to a po~nt in the _north~Qstern line of Lot 2, section G; tnence ~lon9 said ~ine o~ Lot-~, South 35 degrees 27 minutes Wese, 40.91 t'est to a point in the -line d.ivid.ing Lots 16 and ~ 7 aforesaid; thence North 56 degrees Z~ m~nutes West, a~ong the l~st s~id dividinq 1ine, 152.70 feet ~o a point in the southaastarn linQ oe Hallam Oriva, ~he p1ace of BEGINNING. BEING Lot No. ~6, Section G, plan 4, of Kimberly Meadows. said Plan being recorded in Plan Sook 31, PagG 123, Cumberland county ReC:9rc1s. HAVING THEREON erected a single family dwelling known and numbered as 14 He1.~arn Drive, Mechanicsburg, Pa. BEING THE SAME PREMISES which Cary L. stonemetz ~nd Jolene L. stonemetz, his wife conveyed unto Ben L. Breneman, a Real Estate Broker, by deed dated ~uly 28, 1988 and recorded August 5, 1988 in thQ Recorder's offiee in and for Cumberland County, PA in Record. Book H, Volume 33, Page 799. UNDER AND SUBJECT to conditions, restrictions, and easements or prior record per~aininq to said premises. PREMISES: 14 HELLAM DRIVE ~,,"""" "~ " ~. _ .1'); "~ ~'_ _J_ , - ." , , ~. VERIFICATION LUCY HERRADA hereby states that she is FC COORDINATOR of LITTON LOAN SERVICING mongage servicing agent for PlallllitT in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relaling to unsworn falsification to authorities. DATE: b(r3hl / , -," '-~ ' ""~"':;.'; , ";::. '-'<<<lIaiI'. t .~. - "-~ . - -,.; -. ~- J. . > -~ , .,"~"~ i-3 FEDBRMAN AND PHELAN, LLP By: Frank Federman, Esquire Atty. I,D, No.: 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff CREDIT BASED ASSETT SERVICING AND SECURITIZATION, LLC Plaintiff Court of Common Pleas CUMBERLAND County No. 01-3757 CIVIL TERM Vs. HELEN E. KLINGER ~DESS.C~O, A/K/ A ~DEO KLINGER Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT, WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, upon payment of your costs only, A Chapter 7 bankruptcy was filed on APRIL 24, 2001, which invalidated the complaint. :2 / II l:2IJ!J:2 Date! ' ~ /1nft ,/}~ Frank Federman Attorney for Plaintiff i.~~'~~Ii1ld~!l_~m-~_k,-ii.,-ifu11""_(;;;,;,,,,~,,~"':'-"'';:;i1iim1i:l~l:i;i;"J:i:--' ,-,,', ;.-,1 " . .~ - " ~'"'1i .~ C-_ ~""""" -" ,<.-,', '"~ o c: ..,..:?:' '-Ire rrt,.. ;>'L' c;.I~-:~ (h~ <:: -~ ~, , -, ~:r:} ~"'-, w '. ,,,\.,) ,.;::- <.~ ,- > a f"',,) .'""1. !-~:1 ".....fJ (-... -'il - (.I; I?:! ',.,.,j , --, , J 91'1'7 ~?:.:.: =< .