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HomeMy WebLinkAbout03-3063GOLDBECK McCAFFERTY & McKEEVER BY: JQSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 500 -- THE BOURSE BLDG. 111 S. INDEPENDENCE ~IALL EAST PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 Plaintiff ROXIE LYNN GABANY JOHN VINCENT GABANY Mortgagor(s) and Real Owner(e) Defendant(s) 202 South Enola Drive Enola, PA 17025 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. CIVIL ACTION: MORTGAGE FORECLOSURE TI[IS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have I~ecn 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 the Complaint and notice are served, by ~n~ng a writ*on appearance personally or by anomey and filing in vaiting with the court your defenses or obj¢ctlons to t/~e 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 ~ntored against you by the Court without further noti¢~ for any money claim in the CompIaint of for any other claim or r~lief requested by the Plaintifi~ You may lose money or pmpefey or other ~ights tirg;ortant to you. YOU SHOULD TAKE THIS POPER TO YOUR LAWYER AT ONCE. 11~ 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. LEGAL SERVICES INC 8 Irvin~ Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION CarlisIe, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS. ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEPENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGIBTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQHIER OBJ'ECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO R~PONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES. LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA pERDER DINI~RO. PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN AfiOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE KEFERENCIA DE ABOGADOS), (215) 23 ~6300. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is COLUMBIA NATIONAL 1NC., 7142 Columbia Gateway Drive, Columbia, MD 21046- 2132. 2. The name(s) and address(es) of the Defendant(s) is/are ROXIE LYNN GABANY, 202 South Enola Drive, Enola, PA 17025 and JOHN V1NCENT GABANY, 202 South Enola Drive, Enola, PA 17025, who is/are the mortgagor(s) and real owner(s) of the mortgaged premises hereinafter described. 3. On August 31, 2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to COLUMBIA NATIONAL INC., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1732 Page 2543. These documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payment of principal and interest upon said mortgage due February 01, 2003, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest from 01/01/2003 through 06/30/2003 at 7.5000% Per Diem interest rate at $14.18 Attorney's Fee at 5.0% of Principal Balance Late Charges from 02/01/2003 to 06/30/2003 Monthly late charge amount at $33.88 Costs of suit and Title Search Escrow due Monthly Escrow amount $358.31 $69,029.72 $2,566.57 $3,451.49 $169.40 $900.00 $76,117.18 +$1,564.80 $77,681.98 The Attorney's Fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event ora third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale reasonable Attorney's Fees will be charged based on work actually performed. 8. The within mortgage is insured by the Federal Housing Administration under Title ii of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. WHEREFORE, Plaintiffdemands judgment in mortgage foreclosure in the sum of $77,681.98, together with interest at the rate of $14.18, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. ATTORNEY FOR PLAINTIFF VERIFICATION I, Lisa J. Pack, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the fact set forth in the forging Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. POLICY NO. D304720CP EXHIBIT A ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on State Road (South Enola Drive), which point is 29 feet south of the southeastern corner of Manor Avenue and State Road; thence eastwardly along Lot #11, Block "B", on the connected Plan of A.R. Rupley's 150 feet to First Alley; thence southwardly along the west side of First Alley 25 feet to State Road (South Enola Drive); thence northwardly along the latter 25 feet to the place of Beginning. BEING Lot ~10, Block "B" of the Plan of Lots recorded in Book O, Volume 6, Page 600, Cumberland County Records. HAVING thereon erected the northern half of a double frame house known and numbered as 202 South Enola Drive. BEING Parcel No. 09-15-1291-217. Being the same premises which Kurt A. Stelzer and Elizabeth L. Stelzer by their deed dated August 31, 2001 and recorded immediately prior hereto, granted and conveyed unto John Vincent Gabany and Rosie Lynn Gabany, MORTGAGORS HEREIN. CLTIC Form E80 BI( 1732P[;255 Page 1 SHERIFF'S RETURN - CASE NO: 2003-03063 P COMMONWEALTH OF PENNSYLVA~NIA: COUNTY OF CUMBERLAND COLUMBIA NATIONAL INC VS GABANY ROXIE LYNN ET AL REGULAR RONALD KERR , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE was served upon GABANY ROXIE LYNN DEFEND~.NT , at 1257:00 HOURS, at 202 SOUTH ENOLA DRIVE ENOLA, PA 17025 ROXIE L GABANY a Sheriff or Deputy Sheriff of who being duly sworn according to law, on the 2nd day of July by handing to the , 2003 true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 ~~m~.~ Service 10.35 ~<. ~/'/~'~ . Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 38.35 07/03/2003 GOLDBECK MCCA~RTY MCKEEVER By: Sworn and Subscribed to before me this ~ day of ~. ~ A.D. ~r6thonot ary ~ ~ SHERIFF ' S CASE NO: 2003-03063 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COLUMBIA NATIONAL INC VS GABANY ROXIE LYNN ET AL RETURN - REGULAR RONALD KERR , Cumberland County, Pennsylvania, says, the within COMPLAINT GABANY JOHN VINCENT DEFENDANT , at 1257:00 at 202 SOUTH ENOLA DRIVE ENOLA, PA 17025 ROXIE L GABANY, WIFE a true Sheriff or Deputy Sheriff of who being duly sworn according to - MORT FORE was served upon the HOURS, on the 2nd day of July , 2003 by handing to together with and attested copy of COMPLAINT - MORT FORE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6 Service Affidavit Surcharge 10 16 00 00 00 00 00 00 Sworn and Subscribed to before me this ~ day of ~ ' Prothonotary' / ' So Answers: . R. Thomas Kline 07/03/2003 GOLDB:;? MCCA~Y MCKEEVER In the Court of Common Pleas of Cumberland County COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 VS. ROXIE LYNN GABANY JOHN VINCENT GABANY (Mortgagor(s) and Record Owner(s)) 202 South Enola Drive Enola, PA 17025 Plaintiff Defendant(s) No. 03-3063-CIV1L PRAECIPE FOR JUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against ROXIE LYNN GABANY and JOHN VINCENT GABANY by default for want of an Answer. Assess damages as follows: $78,991.02 Debt Interest- 01/01/2003 to 08/06/2003 Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at leal ten days prior to the date of the filing of this praecipe. A coPy of the notice is attached. It..C.P. 237.1 ~xt Joseph A. Gal Attorney for ll'l AND NOW ~/.A ~ I~'X'~J ]{' , ~O~ , Ju~gnlent is entered in favor of COLUMBIA NATIONAL INC, and against ROXIE LYNN GABANY and JOHN VINCENT GABANY by def~t for want of an Answer and damages assessed in the sum of $78,991.02 as per the above certification. rothonotary ~7 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorne3? I.D. #16132 Sure 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COLUMBIA NATIONAL 1NC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 Plaintiff VS. ROXIE LYNN GABANY JOHN VINCENT GABANY (Mortgagor(s) and Record owner(s)) 202 South Enola Drive Enola, PA 17025 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 03-3063-CIVIL ORDER FOR JUDGMENT Please enter Judgment in favor of COLUMBIA NATIONAL 1NC., and against ROXIE LYNN GABANY and JOHN V1NCENT GABANY for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum of $78,991.02. Joseph A Gold~b~.~l~. Attorney'for Pla~r~fiff I hereby certify that the above names are correct and that the precise resic ence address of the judgment creditor is COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 and that the name(s) and last known address(es) of the Defendant(s) is/are ROXIE LYNN GABANY, 202 South Enola Drive Enola, PA 17025 and JOHN VINCENT GABANY, 202 South Enola Drive Enola, PA 17025; GOLDBECK~ BY: Joseph A C~ Attomey for P~-ttJ ~ERTY & McKEEVER b ~ck, Jr. ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as l¥11ows: Principal Balance $69,029.72 Interest from 01/01/2003 through 08/06/2003 $3,091.23 A~omey's Fee at 5.0000%ofprincipaI balance $3,451.49 Late Charges $237.16 Costs of Suit and Title Search $900.00 Escrow Balance Deficit $2,281.42 ($0.00) AND NOW, this $78,991.02 GOLDBECK~ BY: Joseph A. ( Attorney for Pla ~ & McKEEVER beck, Jr. · 2003 damages are assessed as above. Pro Prothy VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non- Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, ROXIE LYNN GABANY, is about unknown years of age, that Defendant's last known residence is 202 South Enola Drive, Enola, PA 17025, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments~ Date: TO: THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU W'ILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: July 23, 2003 JOHN VINCENT GABANY 202 South Enola Drive Enola, PA 17025 COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 vs. ROXIE LYNN GABANY JOHN VINCENT GABANY (Mortgagor(s) and Record Owner(s)) 202 South Enola Drive Enola, PA 17025 Plaintiff In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Tel'm No. 03-3063-CIVIL Defendant(s.) TO: JOHN VINCENT GABANY 202 South Enola Drive Enolik PA 17025 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRI'iTISN APPEARANCE PERSONALLY OR BY ATrORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WrlHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Attorney for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.I> 3180-3183 Joseph A. Goldbeck, Jr. Atton~ey I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 Plaimiff 1N THE COURT OF COMMON PLEAS of Cumberland County VS. ROXIE LYNN GABANY JOHN VINCENT GABANY Mortgagor(s) and Record Owner(s) 202 South Enola Drive Enola, PA 17025 Defendant(s) CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 03-3063-CIVIL PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 01/01/2003 to 08/06/2003 at 7.5000% (Costs to be added) $78,991.02 McKEEVER ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, SITUATE, LYING AND BEING IN THE TOWNSHIP OF EAST PENNSBORO, IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON STATE ROAD (SOUTH ENOLA DRIVE) WHICH POINT IS 29 FEET SOUTH OF THE SOUTHEASTERN CORNER OF MANOR AVENUE AND STATE ROAD; THENCE EASTWARDLY ALONG LOT #11, ALONG THE WEST SIDE OF FIRST ALLEY 25 FEET TO STATE ROAD (SOUTH ENOLA DRIVE) THENCE NORTHWARDLY ALONG THE LATTER 25 FEET TO THE PLACE OF BEGINNING, BEING LOT # 10, BLOCK "B" OF THE PLAN OF LOTS RECORDED IN BOOK O, VOLUME 6, PAGE 600, CUMBERLAND COUNTY RECORDS. HAVING THEREON ERECTED THE NORTHERN HALF OF A DOUBLE FRAME HOUSE KNOWN AND NUMBERED AS 202 SOUTH ENOLA DRIVE. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-3063 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COLUMBIA NATIONAL, INC. Plaintiff {s) From ROXIE LYNN GABANY AND JOHN VINCENT GABANY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated, Amount Due $78,991.02 Interest FROM 1/1/03 TO 8/6/03 AT 7.5000% Al~:y's Comm % Atty Paid $136.35 Plaintiff Paid Date: AUGUST 11, 2003 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothono.~ Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: SUITE 500 - TIlE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Goldbeck McCafferty & McKeever BY: Jc£,eph A. Goldbeck, Jr. A.ttomey I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 VS. ROXIE LYNN GABANY JOHN VINCENT GABANY (Mortgagor(s) and Record Owner(s)) 202 South Enola Drive Enola, PA 17025 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 03-3063-CML AFFIDAVIT PURSUANT TO RULE 3129 COLUMBIA NATIONAL INC., Plaintiffin the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 202 South Enola Drive Enola, PA 17025 1.Name and address of Owner(s) or Reputed Owner(s): ROXIE LYNN GABANY 202 South Enola Drive Enola, PA 17025 JOHN VINCENT GABANY 202 South Enola Drive Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: ROXIE LYNN GABANY 202 South Enola Drive Enola, PA 17025 JOHN VINCENT GABANY 202 South Enola Drive Enola, PA 17025 3. Name and last known address of every judgment creditm' ~vhose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBI lC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 202 South Enola Drive Enola, PA 17025 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. DATED: August 6, 2003 GOLDBECK M BY: Joseph A. Gt Attorney for Plain ~~Y & McKEEVER lc~ec-c, Jr., Esq. 03-3063-CIVIL GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D .# 16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COLUMBIA NATIONAL 1NC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 iN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff VS. CIVIL ACTION - LAW ROXIE LYNN GABANY JOHN VINCENT GABANY Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 202 South Enola Drive Enola, PA 17025 T~rm No. 03-3063-CIVIL Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE_ OF REAL PROPERTY TO: GABANY, ROXIE LYNN ROXIE LYNN GABANY 202 South Enola Drive Enola, PA 17025 Your house at 202 South Enola Drive, Enola, PA 17025 is scheduled to be sold at Sheriff's Sale on Wednesday, December 10, 2003, at 10:00 AM, in Cormrtissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $78,991.02 obtained by COLUMBIA NATIONAL INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO P_REVENT THIS SHERIFF'S SALE To prevent this SheriWs Sale you must take i~mmediate action: 1. The sale will be cancelled if you pay to COLUMBIA NATIONAL INC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 03-3063-CIVIL 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 below 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 NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may fmd out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full mount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or xvays of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES 1NC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff VS. CIVIL ACTION- LAW ROXIE LYNN GABANY JOHN VINCENT GABANY Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 202 South Enola Drive Enola, PA 17025 Term No. 03-3063-CIVIL Defendant(s) THiS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: GABANY, JOHN VINCENT JOHN VINCENT GABANY 202 South Enola Drive Enola, PA 17025 Your house at 202 South Enola Drive, Enola, PA 17025 is scheduled to be sold at Sheriffs Sale on Wednesday, December 10, 2003, at 10:00 AM, in Commissioners Hearing Pan 2nd FL Courthouse to enforce the court judgment of $78,991.02 obtained by COLUMBIA NATIONAL iNC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sherift's Sale you must take immediate action: 1. The sale will be cancelled if you pay to COLUMBIA NATIONAL iNC., the back payments, late charges, costs and reasonable attorney's fees due. To fmd out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 03-3063-CIVIL / 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 below 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 NOT TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may f'md out the price bid price by calling the Sheriff of 717-240~6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To fred out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the araount due from the Buyer is not paid to the Sheriff; you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until fl~e full amount due is paid to the Sberiffand 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 thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed dislribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of disU-ibutinn is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COLUMBIA NATIONAL 1NC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 Plaintiff VS. ROXIE LYNN GABANY JOHN VINCENT GABANY Mortgagors and Record Owners 202 South Enola Drive Enola, PA 17025 Defendants IN THE COURT OF COMMON PLEAS of Cumberland County CWIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 03-3063-CWIL CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: ) ) ) Personal Service by the Sheriff's Office/~(copy of return attached). Certified mail by Joseph A. Goldbeck, Jr. (original green Postal retum receipt attached). Certified mail by Sheriff's Office. Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). Acknowledgment of Sheriff's Sale by Attorney for Defendant(s) (proof of acknowledgment attached). Ordinary mail by Sheriff's Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriff's Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriff's Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on ali lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, M-Bff)/f0sepl~ A. Gol~lbeck, Jr. ,/ &Jgomey for Plaintiff 7160 3901 9848 lS54 2096 TO: GABANY, JOHN VINCENT , JOHN VINCENT GABANY 202 South Enola Drive Enola, PA 17025 SENDER: GOLDBECK MCCAFFERTY & MCKEEVER August 6, 2003 REFERENCE: GABANY, ROXlE LYNN / PW-0$80 12/10/03 - Cumberland PS Form 3800, June 2000 RETURN Postage RECEIPT Cfirtifled Fee SERVICE Return Receipt Fee Restricted Delivery tal Postage & Fees US Postal Service Receipt for Certified Mail No Insurance Coverage provided Do Not Use lot International Malt POST~ AFFIX POSTAGE TO MAIL PIECE TO COVER FIRST CLAS~ POSTAGE, CERTIFIED FEE, RETURN RECEIPT FEE AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. 1. Detach the form 3811, Dor~estic return receipt by tear* ing left to right across perf. Attach to mailpiece by peeling back the adhesJve strips and affixing to front of mailpiece if space permits. Other, vise affix to back of mailpiece. 2. If you do not want the receipt postmarked, stick the article # label to the right of the retain address, date receipt and retain the receipt. 3. If you want this receipt postmarked, slip the 3800 receipt between the return receipt, and the mailpiece, and slide the edge of the receipt to the gummed edge of adhesive. This will hold the receipt in place to present to your mailcenter, or post office service window. {SEE ILLUSTRATION) 4. Enter fees for the services requested in the appropdata spaces on the front of this receipt. 5. Save this receipt and present it if you make an inquiry. AFFIX POSTAGe TO MAiL p ECG TO COVER * POSTAGE, CERnFIEo C"ARGES FOR AR¥ S~EE' RE~URN RECEi~IRSr CUSS .I. Detach t~,~ , LECTED OP~ONA~ ~ FEE AND ,w*se a~x to back of ~;~i~a~lp~ece ~f ~., If you do eet w=nt '- ' ~e* If Y°u Want this m~g postmarked s/i ~u se~,~ windo~ [S;;~r.esent to your ma~;~s've' Th,s will ~ ~ ~cLUST~TiON) ,~eete~ or Post 4. Enter fees for he A- . ;Paces on the front of Ih~serr~e~s requested in the Columbia National Inc. VS Roxie Lynn Gabany and John Vincent Gabany In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 200:t-3063 Civil Term David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on September 05, 2003 at 2:28 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Roxie Lynn Gabany and John Vincent Gabany, by making known unto Roxie Gabany, personally and adult in charge for John Vincent Gabany, at 202 Wouth Enola Drive, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on October 09, 2003 at 7:35 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property ofRoxie Lyrm Gabany and John Vincent Gabany located at 202 South Enola Drive, Enola, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Roxie Lynn Gabany and John Vincent Gabany, by regular mail to their last known address of 202 South Enola Drive, Enola, PA 17025. This letter was mailed under the date of October 8, 2003 and never returned to the Sheriff's Office. Sworn and subscribed to before me This day of 2003, A.D. Prothonotary So An~we_r$: R. Thomas Kline, Real Estate ,Deputy Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 VS. ROXIE LYNN GABANY JOHN VINCENT GABANY Mortgagors and Record Owners 202 South Enola Drive Enola, PA 17025 Plaintiff Defendants IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 03-3063-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 COLUMBIA NATIONAL INC., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 202 South Enola Drive Enola, PA 17025 1.Name and address of Owners or Reputed Owners: ROXIE LYNN GABANY 202 South Enola Drive Enola, PA 17025 JOHN VINCENT GABANY 202 South Enola Drive Enola, PA 17025 2. Name and address of Defendants in the judgmem: ROXIE LYNN GABANY 202 South Enola Drive Enola, PA 17025 JOHN VINCENT GABANY 202 South Enola Drive Enola, PA 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Han'isburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the properly which may be affected by the sale. TENANTS/OCCUPANTS 202 South Enola Drive Enola, PA 17025 (attach separate sheet if more space is needed) · .I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or mformat~on and behe£ I understand that false statements harem are made subject to the penalties of 18 relating to unswom falsification to authorities. Pa. C.S. Section 4904 DATED: No_~vembe_rr 13,200~3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Secretary of Housing & Urban Dev is the grantee the same having been sold to said grantee on the 3rd day of March A.D., 2004, under and by virtue ora writ Execution issued on the 1 lth day of August, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 3063, at the suit of Columbia National Inc against Roxie Lynn Gavanv & John Vincent is duly recorded in Sheriff's Deed Book No. 262, Page 3381. 1N TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this c~ ~:~ day of '-Recorder of Deeds Columbia National Inc. VS Roxie Lynn Gabany and John Vincent Gabany In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-3063 Civil Term David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on September 05, 2003 at 2:28 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Roxie Lynn Gabany and John Vincent Gabany, by making known unto Roxie Gabany, personally and adult in charge for John Vincent Gabany, at 202 Wouth Enola Drive, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworu according to law, states that on October 09, 2003 at 7:35 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Roxie Lynn Gabany and John Vincent Gabany located at 202 South Enola Drive, Enola, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Roxie Lynn Gabany and John Vincent Gabany, by regular mail to their last known address of 202 South Enola Drive, Enola, PA 17025. This letter was mailed under the date of October 8, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworu 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 March 3, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Joseph Goldbeck for Secretary of Housing and Urban Development, his successors & assigns. It being the highest bid and best price received for the same, Secretary of Housing and Urban Development, his successors & assigns of 100 Penn Square East, 10th Floor, Wanamaker Building, Philadelphia, PA 19106, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $606.75, it being costs. Sheriffs Costs: Docketing $30.00 Poundage 11.90 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 20.70 Levy 15.00 Surcharge 30.00 Postpone Sale 20.00 Law Journal 163.10 Patriot News 151.15 Share of Bills 28.90 Distribution of Proceeds 25.00 Sheriff's Deed 39.50 $ 606.75 Sworn and subscribed to before me This ~2q~dayof ~ 2004, A.D. ~. ~. ~Ttc~, , latothonotary R. Thomas Kline, Sheriff Real Estate~Deputy ~ /5'0¥~° Goldbeck McCafferty & McKeever By: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COLUMBIA NATIONAL INC. 7142 Columbia Gateway Driw: Columbia, MD 21046-2132 VS. ROXIE LYNN GABANY JOHN VINCENT GABANY (Mortgagor(s) and Record Owner(s)) 202 South Enola Drive Enola, PA 17025 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 03-3063-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 COLUMBIA NATIONAL INC., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the ~vrit of execution was filed the following information concerning the real property located at: 202 South Enola Drive Enola, PA 17025 1.Name and address of Owner(s) or Reputed Owner(s): ROXIE LYNN GABANY 202 South Enola Drive Enola, PA 17025 JOHN VINCENT GABANY 202 South Enola Drive Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: ROXIE LYNN GABANY 202 South Enola Drive Enola, PA 17025 JOHN VINCENT GABANY 202 South Enola Drive Enola, PA 17025 3. Name and last known address of every judgment creditor xvhose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. ~ Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every otl~er person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaimiffhas knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaimiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 202 South Enola Drive Enola, PA 17025 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. DATED: August 6, 2003 BY: Joseph A. Gc~c~eoc, Je., Esq. Attorney for Plain~i~ GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff VS. CIVIL ACTION - LAW ROXIE LYNN GAP, ANY JOHN VINCENT GABANY Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 202 South Enola Drive Enola, PA 17025 Tgnll No. 03-3063-CML Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF HEAL PROPERTY TO: GABANY, JOHN VINCENT JOHN VINCENT GABANY 202 South Enola Drive Enola, PA 17025 Your house at 202 South Enola Drive, Enola, PA 17025 is scheduled to be sold at Sheriffs Sale on Wednesday, December 10, 2003, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $78,991.02 obtained by COLUMBIA NATIONAL INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to COLUMBIA NATIONAL INC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to stxike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 03-3063-CIVIL 3, You may also be able to stop the sale through other Iegal proceedings. You may need an attorney to assert your rights. 2]~e sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY ~AND YOU HAVE Orl'~ll~R RIGHTS EVEN IF TIllg SHERIFF'S SALE DOES NOT~_TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may f'md out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To fred out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sberiff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriffgives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for yunr house will be filed by the Sheriffthirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is fried. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE 'IItlS 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION ~ 2 Liberty Average Carlisle, PA 17013 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney LD.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. CML ACTION - LAW ROXIE LYNN GABANY JOHN VINCENT GABANY Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FoREcLOSURE 202 South Enola Drive Enola, PA 17025 Terltl No. 03-3063-CIVIL Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY I~FORMAT1ON OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO; GABANY, ROXIE LYNN ROXIE LYNN GABANY 202 South Enola Drive Enola, PA 17025 Your house at 202 South Enola Drive, Enola, PA 17025 is scheduled to be sold at Sheriffs Sale on Wednesday, December 10, 2003, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $78,991.02 obtained by COLUMBIA NATIONAL INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevem this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to COLUMBIA NATIONAL INC., the back payments, late charges, costs and reasonable attorney's fees due. To fred out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered, You may also ask the Court to postpone the sale for good cause. 03-3063-CIVIL 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 rite sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTItER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may f'md out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value uf your property. 3. The sale will go through only if the buyer pays the Sheriff the full mount due in the sale. To f'md out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff thin*y (30) days fi'om the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES 1NC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, SITUATE, L. Y1NG AND BEING IN THE TOWNSHIP OF EAST PENNSBORO, IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON STATE ROAD (SOUTH ENOLA DRIVE) VV~I-IICH POINT IS 29 FEET SOUTH OF THE SOUTHEASTERN CORNER OF MANOR AVENUE AND STATE ROAD; THENCE EASTWARDLY ALONG LOT #11, ALONG THE WEST SIDE OF FIRST ALLEY 25 FEET TO STATE ROAD (SOUTH ENOLA DRIVE) THENCE NORTHWARDLY ALONG THE LATTER 25 FEET TO THE PLACE OF BEGINNING. BEING LOT # 10, BLOCK "B" OF THE PLAN OF LOTS RECORDED IN BOOK O, VOLUME 6, PAGE 600, CUMBERLAND COUNTY RECORDS. HAVING THEREON ERECTED THE NORTHERN HALF OF A DOUBLE FRAME HOUSE KNOWN AND NUMBERED AS 202 SOUTH ENOLA DRIVE. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-3063 Civil COUNTY OF CUlvi~EI~LAND) CIVIL ACTION - LAW TO THE SHERltrF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COLUMBIA NATIONAL, INC. Plaintiff (s) From ROXIE LYNN GABANY AND JOH~ VINCENT GABANY (1) You are d'trected 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 dafendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that ha/she has been added as a garnishee and is enjoined as above stated. Amount Due $78,991.02 Interest FROM 1/1/03 TO 8/6/03 AT 7.5000% Atty's Corem % Arty Paid $136.35 Plaintiff Paid Date: AUGUST 11, 2003 (Seal) REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: SUITE 500 - THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG '--I~: /_./~o~n- o j? Deputy Real Estate Sale # 33 On August 28, 2003 the sherifflevied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA known and numbered as 202 South Enola Drive, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 28, 2003 By: ,~00-~z,'~WtLt{/~ Real Esta~t~ Deputy NO. 03-3063-CIVIL - GABANY 202 South Enola Drive Enola, PA 17025 I, Joseph A. Goldbeck, Jr., Esquire, hereby assign my bid at the Sheriff Sale dated March 03, 2004 to SECRETARY OF HOUSING AND URBAN DEVELOPMENT, HIS SUCCESSORS AND ASSIGNS 100 Penn Square East l0th Floor - Wanamaker Building Philadelphia, PA 19106 Date: Ar~ril 1, 2004 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January. 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: OCTOBER 17, 24, 31, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 33 Writ No. 2003-3063 Civil Columbia National Inc. Roxie Lynn Gabany and John Vincent Gabany Atty.: Joseph Goldbeck ALL THAT CERTAIN tract or par- cel of land and premises, situate, lying amd being in the Township of East Pennsboro. in the County of Cumberland and Commonwealth of Pennsylvania, more particularly hounded and described as follows: BEGINNING at a point on State Road (South Enola Drive) which point is 29 feet South of the south- State Road; thence eastwardly along Lot # l 1, along the West side of First Alley 25 feet to State Road (South Enala Drive) thence northwardly along the latter 25 feet to the place e, Elilor SWORN TO AND SUBSCRIBED before me this 31 day of OCTOBER, 2003 NOTARIAL SEAL LOIS E. SNYDER, Nota~ Public Ca~lisle Boro, Cumberland County My Commissio~ Expires March 5, 2005 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 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. PU BLICATION -- ~.~,.,~.,~t,~nes~MY'~z~mi~ NOTARY PUBLIC Member, Pennsylvania My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 151.15 Publisher's Receipt for Advertising Cost publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general receipt of the aforesaid notice and publication costs and certifies that the same have