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HomeMy WebLinkAbout01-0088FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (?15) ~63-7000 CENDANT MORTGAGE CORPORATION 6000 ATRIUM WAY, MT. LAUREL, NJ 08054 Plaintiff KIM D. KLOSE 6605 CARLISLE PIKE, MECHANICSBURG, PA ! 7055 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Ooil CUMBERLAND COUNTY Defendant(s) CIVIl, ACTION - I,AW COMPI ,AINT IN MORTC~&GE FORECI,OfilIRE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 7983026 Plaintiffis: CENDANT MORTGAGE CORPORATION 6000 ATRIUM WAY, MT. LAUREL, NJ 08054 The name(s) and last known address(es) of the Defendant(s) are: KIM D. KLOSE 6605 CARLISLE PIKE, MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 8/21/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1477, Page 911. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 3/1/00 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. The following amounts are due on the mortgage: Principal Balance Interest 2/1/00 through 1/1/01 (Per Diem $14.97) Attorney's Fees Cumulative Late Charges 8/21/98 to 1/1/01 Cost of Suit and Title Search Subtotal $76,690.46 5,029.92 3,834.00 251.52 550 00 $86,355.90 Escrow Credit 0.00 Deficit 748 25 Subtotal ~ 74R 25 TOTAL $ 87,104.15 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $87,104.15, together with interest from 1/1/01 at the rate of $14.97 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. /s/Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ALL TI-IAT CI/I~.TAIN lot of ground with improvements erected ~hereon si~uaie in The Village of Ho~estoven, Silver Spring Tc,~vnshlp, Cumberland Count'y, Pen~ylvania, more paaxicularly bounded and described as follows, to BEOI1CNINO at a point which is the northwestern comcr of thc lot herein described whcr~ the saree comers with property now or lat~ of Paul Rhoads and the southern edge of thc riaht-of-way of ~ho Carlisle Pike, also known as II. S. Rout~ 11 ~ 'hertce'North 69 dcltrecs 30 minutes Hast, alonil thc soutb.~rn edEe of the ~aid rlghi-of-way, a distance of forty (40) feet to ~ point; thenCe So/lr, h 20 degrees 30 minutes ~ast, along prop~rW now or formerly ct' l'l~-rry Mix¢ a distance o/'one hundxcd flfW (150)' f~t to a point; thence South 69 de~rees 30 minutes West. alone the northern edge cfa fl~een (15) foot paved alley, a clismnce of forty (40) feet to a poln' thence Hot-th 20 degrees 30 minutes '~Ve~t, alon~ property now or formerly of Paul R.hoads, a distance of o~e hunch-ed fti~ (150) fee~ to a point; ~he plaCe of BEOIlglgI~O. I~EII~IC~ Lot No. 39 on Plan of Ho~eSto~vri and as described in accordance with the sur~ of Gerrit $. Betz, Registered Surveyor, dated Sune 1, 1972. BEIN~ ~e same premis~ which (3cry M. Neighls ~d ~a B. Neighs, hushed ~c wife, by ~cir deed ~tcd August 21, 1987, ~d ~corded ~ the Office of~ ~ecocder of Deed and for C~rl~d Co~ ~ Dccd Book "X", Volvo 52, PaEc 454, g~ated md conveyed un~o Paul B, ~erh~d ~d P~l C. Gcih~ hushed ~d ~fe, ~W~ herein. ttAVINi3 THERBON I/llBCT1/D a dwe|lin/house known and numbered 6605 C~'iis l~ike, Mechanicsburl~, Pennsyl, za~ia 170~5. VER~ICATION MARK HINKLE hereby states that he is V.P. of CENDANT MORTGAGE SERVICES mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: SHERIFF'S RETURN - CASE NO: 2001-00088 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORPORATION VS KLOSE KIM D REGULAR CPL. MICHAEL BARRICK Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE KLOSE KIM D DEFENDANT , at 0017:12 HOURS, at 6605 CARLISLE PIKE MECPLANICSBURG, PA 17055 KIM KLOSE a true and attested copy of COMPLAINT NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 17th day of January , 2001 by handing to - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.58 Affidavit .00 Surcharge 10.00 .00 33.58 Sworn and Subscribed to before me this Ag~ day of · ' Prothonotary' So Answers R. Thomas Kline 0z/18/2001 FEDERMAN & PHELAN By: ~ FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-I814 (215) 563-7000 Attorney for Plaintiff CENDANT MORTGAGE CORPORATION 6000 ATRIUM WAY MT. LAUREL, NJ 08054 Plaintiff VS. KlM D. KLOSE 6605 CARLISLE PIKE MECHANICSBURG, PA 17055 Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-88 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enterjudgment, in rem_, in favor of the Plaintiffand against KlM D. KLOSE, Defendant(s), for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest 1/1/01 to 2/21/01 TOTAL $87,104.15 778.44 $87,882.59 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rule 237.1, copy attached. EDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: d43 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECF A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY A~ND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLEf~F A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** FEDERMA/q A/qD PHELA/q, L.L.P. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza a~ Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF CENDANT MORTGAGE CORPORATION : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION vs. : CUMBERLAND COUNTY KIM D. KLOSE : NO. 01-88 Defendant (s) TO: DATE KIM D. KLOSE 6605 CARLISLE PIKE MECHANICSBURG, PA 17055 OF NOTICE: FEBRUARY 7, 2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERL.~ND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 CENDANT MORTGAGE CORPORATION Plaintiff VS. KIM D. KLOSE Defendant(s) Attorney for Plaintiff CUMBERLAND COUNTY Court of Common Pleas CIVIL DIVISION NO. 01-88 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended (b) that defendant KIM D. KLOSE is over 18 years of age and resides at 6605 CARLISLE PIKE, MECHANICSBURG, PA 17055. Tiffs statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, Attorney for Plaintiff (Rule of Civil Procedure No. 236 - Revised) CENDANT MORTGAGE CORPORATION Plaintiff VS. KlM D. KLOSE Defendant(s) CUMBERLAND COUNTY Court of Common Pleas CIVIL DIVISION NO. 01-88 Notice is given that a Judgment in the above captioned matter has been entered against you on FEBRUARY ,--~3 ,2001. If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESOUIRE Attorney for Filing Party One Perm Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE 1N BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.1LC.P. 3180-3183 CENDANT MORTGAGE CORPORATION : CUMBERLAND COUNTY Plaintiff, : : No. 01-88 KIM D. KLOSE : : DefenOant(s). : TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $87,882.59 Interest from 2/21/01 - 6/6/01 $1,516.20 and Costs (per diem - $14.44) $89,398.79 TOTAL FRANK FEDERMAN, ESQUIRE ONE PENN CENTER at SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103 Attorney for Plaintiff Note: Please attach description of property. No. 170 " DESCRIPTION ALL THAT CERTAIN lot of ground with improvements erected thereon situate in the Village of Hogestown, Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point which is the Northwestern comer of the lot herein described where the same comers with property now or late of Paul Rhoads and the Southern edge of the right-of-way of the Carlisle Pike, also known as U.S. Route 1t; thence North 69 degrees 30 minutes East, along the Southern edge of the said right-of-way, a distance of forty (40) feet to a point; thence South 20 degrees 30 minutes East, along property now or formerly of Harry Mixell, a distance of one hundred fifty (150) feet to a point; thence South 69 degrees 30 minutes West, along the Northern edge of a fifteen (15) foot paved alley, a distance of forty (40) feet to a point; thence North 20 degrees 30 minutes West, along property now or formerly of Paul Rhoads, a distance of one hundred fifty (150) feet to a point; the place of BEGINNING. BEING Lot No. 39 on Plan of Hogestown and as described in accordance with the survey of Gerrit J. Betz, Registered Surveyor, dated June 1, 1972. HAVING THEREON ERECTED a dwelling house known and numbered 6605 Carlisle Pike, Mechanicsburg, Pennsylvania 17055. BEING Tax Parcel # 38-18-1332-039. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN KLm D. Klose by Deed from Paul E. Gerhard and Pearl C. Gerhard, husband and wife dated 8/21/98, recorded 8/24/98, in Deed Book 184, page 61. CENDANT MORTGAGE CORPORATION Plaintiff, ¥o KIM D. KLOSE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01~88 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CENDANT MORTGAGE CORPORATION, Plaintiffin the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 6605 CARLISLE PIKE, MECHANICSBURG, PA 17055. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) KIM D. KLOSE 6605 CARLISLE PIKE MECHANICSBURG, PA 17055 Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cmmot be reasonably ascertained, please so indicate.) None Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Nolle Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cmmot be reasonably ascertained, please so indicate.) None Name and address of every other person whom the plaintiffhas knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (Ifad&ess cam~ot be reasonably ascertained, please so indicate.) Tenant/Occupant 6605 CARLISLE PIKE MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 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. Sec. 4904 relating to unswom falsification to authorities. February 26, 2001 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF CENDANT MORTGAGE CORPORATION Plaintiff, vt/, K/M D. KLOSE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-88 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owneroccupied ( ) vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Attorney for Plaintiff CENDANT MORTGAGE CORPORATION : CUMBERLAND COUNTY PlaintifL : v. : No. 01-88 : KlM D. KLOSE : : Defendant(s). : TO: KIM D. KLOSE 6605 CARLISLE PIKE MECHANICSBURG, PA 17055 February 26, 2001 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 6605 CARLISLE PIKE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on JUNE 6, 2001 at I0:00 a,m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enfome the court judgment obtained by CENDANT MORTGAGE CORPORATION (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the September 5, 2001 Sheriff's Sale. 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 the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215~ 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. ffthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the 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 your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have otl~er rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN lot of ground with improvements erected thereon situate in the Village of Hogestown, Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point which is the Northwestern corner of the lot herein described where the same corners with property now or late of Paul Rhoads and the Southern edge of the right-of-way of the Carlisle Pike, also known as U.S. Route 11; thence North 69 degrees 30 minutes East, along the Southern edge of the said right-of-way, a distance of forty (40) feet to a point: thence South 20 degrees 30 minutes East, along propervy now or formerly of Harry Mixell, a distance of one hundred fifty (150) feet to a point; thence Souti~ 69 degrees 30 minutes West, along the Northern edge of a fifteen (15) foot paved alley, a distance of forty' (40) feet to a point; thence North 20 degrees 30 minutes West, along property now or formerly of Paul Rlaoads, a distance of one hundred fifty (150) feet to a point: the place of BEGINNING. BEING Lot No, 39 on Plan of Hogestown and as described in accordance with the survey or' Gerrit J. Betz, Registered Surveyor, dated June 1, 1972. HAVING THEREON ERECTED a dwelling house known and numbered 6605 CarlisIe Pike. Mechanicsburg, Pennsylvania 17055. BEING Tax Parcel # 38-18-1332-039. RECORD OWN-ER TITLE TO SAID PREMISES IS VESTED IN KLm D. Klose by Deed from Paul E. Gerhard and Pearl C. Gerhard, husband and wife dated 8/21/98, recorded 8/24/98, in Deed Book 184, page 6I. PLAINTIFF DEFENDANT(S) SERVE AT AFFIDAVIT OF SERVICE CENDANT MORTGAGE CORPORATION KIM D. KLOSE 6605 CARLISLE PIKE MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No.01-88 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 6, 2001 SERVED day of,200 ~, a% , Cor onwea th of Permsylvania, in the manner described below: Defendant personally served. Adult fam/ly member with whom Defendant(s) reside(s). Relationship is __ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. __ Mnnager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age //fi/) Height ,~7 Weight/ Race -- Sex -- Other , [ , p , ' g y ' g , p nd state that [ personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and su~s~r, ibed beforq~¢ this IJ. gJ~day Nora ' Seal O'C On ,he __ of { Chambembu~ 8oro, Franklin County / ~Exp~ms Aug 5 200~ac Moved U~o~ ~ ,,v,~,~ .... -~- .... Other: NOT SERVED Defendant NOT FOUND because: Sworu to and subscribed before me this ____ day of ,200 _. Notary: By: Attornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center Suburban Station, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 SALE DATE: JUNE 6, 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL ACTION - LAW CENDANT MORTGAGE CORPORATION VS. KIM D. KLOSE No.: 01-88 AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiffin the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 6605 CARLISLE PIKE, MECHANICSBURG, PA 17055. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Supplemental Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. May 3, 2001 CENDAxNT MORTGAGE CORPORATION Plaintiff, KIM D. KLOSE Defendant(s). CUMBERLAND COUNTY COURT OF COi~,IMON PLEAS CIVIL DIVISION NO. 01-88 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CENDANT MORTGAGE CORPORATION, Plaintiffin the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 6605 CARLISLE PIKE, MECItANICSBURG. PA 17055. Name and address of Owner(s) or reputed Owner(s): N)dvtE LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) KIM D. KLOSE 6605 CARLISLE PIKE MECHANICSBURG, PA 17055 Name and address of Defendant(s) in the judgment: NAME LAST KNOWN' ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate,) None Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NPuME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 6605 CARLISLE PIKE MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties o fl8 Pa. C.S, Sec. 4904 relating to unswom falsification to authorities. February 26, 2001 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DATE: 02/26/0 l TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S) KlM D. KLOSE PROPERTY: 6605 CARLISLE PIKE MECHANICSBURG, PA 17055 Improvements: Residential Property CUMBERLAND COUNTY The above-captioned property is scheduled to be sold at the Sheriff's Sale on JUNE 6~ 2001, at .10:00 a.m. in Cumberland County Courthouse, South Hanover Street, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of Distribution will be filed by the Sheriffon a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. LH Cendant Mortgage Corporation VS Kim D, Klose In The Court of Common Pleas of Cumberland County, Permsylvania No. 2001-88 Civil R. Thomas Kline, Sheriff, who being duly sworn according to law, says this writ is returned STAYED. Sheriff s Costs: Docketing 30.00 Poundage 16.18 Posting Bills 15.00 Advertising 15.00 Law Library ,50 County 1.00 LeW 15 Postpone Sale 20.00 Surcharge 20.00 Certified mail 1.39 Mileage 11.16 Law Journal 316,55 Patriot News 225.60 Share of Bills 25.09 $ 712.47 Sworn and subscribed to before me This ~q?~dayof (~ , 2OOl, A.D. Prdthonotary paid by attorney 06-07-01 R. Thomas Kline, Sheriff Deputy Sheriff REAL ESTATE SALE N0. ~o ~,, /~.~. ~, ~oo I the sheriff levied upon the cleleno~,,, interest in the real property situated in ~ -~p~ -7-~~ Cumberland County, Pa., kno'~, ~.qd numbered as: 5~,~5 ~'c.~..~ /~/~.~ 7~~ and more fl,, oed on Exhibit "A" filed wltN this writ and by this reference incorporated herein. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CENDANT MORTGAGE CORPORATION Plaintiff, KIM D. KLOSE Defendant(s). No. 01-88 CIVIL TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 2/21/01 to 6/5/02 (per diem -14.45) TOTAL $87,882.59 $ 6,777.05 $ 94,659.64 and Costs FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. DESCR/PTION ALL THAT CERTAIN lot of ground with improvements erected thereon situate in the Village of Hogestown, Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point which is the Northwestern corner of the lot herein described where the same corners with property now or late of Paul Rhoads and the Southern edge of the right-of-way of the Carlisle Pike, also known as U.S. Route ll; thence North 69 degrees 30 minutes East, a/ong the Southern edge of the said right-of-way, a distance of forty (40) feet to a point: thence South 20 degrees 30 minutes East, along properS' now or formerly of Harry Mixell, a distance of one hundred fifty (150) feet to a point; thence South 69 degrees 30 minutes West, along the Northern edge of a fifteen (15) foot paved alley, a distance of forty'(40) feet to a point; thence North 20 degrees 30 minutes West, along properq/, now or formerly of Paul Rhoads, a distance of one hundred fifty (150) feet to a point: the place of BEGINNING. BEING Lot No. 39 on Plan of Hogestown and as described in accordance with the survey of Gerrit J. Be=. Registered Surveyor, dated June 1, 1972. HAVING THEREON ERECTED a dwelling house known and numbered 6605 Carlisle Pike. Mechanicsburg, Permsytvania !.7055. BEING Tax Parcel # 38-18-1332-039. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Klm D. Klose by Deed from Paul E. Gerhard and Pearl C. Gerhard, husband and wife dared 8/21/98, recorded 8/24/98, in Deed Book 184, page 6I. FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF CENDANT MORTGAGE CORPORATION Plaintiff, Vo KIM D. KLOSE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-88 CIVIL CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff CENDANT MORTGAGE CORPORATION KIM D. KLOSE Plaintiff, Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-88 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CENDANT MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,6605 CARLISLE PIKE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KlM D. KLOSE 6605 CARLISLE PIKE MECHANICSBURG, PA 17055 2, Name and address of Defendant(s) in the judgment: KlM D. KLOSE 6605 CARLISLE PIKE MECHANICSBURG, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Sallie None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Nanle Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Nanle Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 6605 CARLISLE PIKE MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 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 ell8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. February 19, 2002 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff CENDANT MORTGAGE CORPORATION Plaintiff, KIM D. KLOSE Defendant(s). TO: KIM D. KLOSE 6605 CARLISLE PIKE MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 01-88 CIVIL February l9,2002 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THATPURPOSE. IF YOU HAVE PREVIOUSLYRECEIP'ED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at, 6605 CARLISLE PIKE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriff's Sale on JUNE 5, 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 87~882.59 obtained by CENDANT MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the fight to remain in the property until the full amount due is paid to the Sheriff and the Shefiff 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 flied by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other fights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1F YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN lot of ground with improvements erected thereon situate in the V:llage of Hogestown. Silver Spring Township, Cumberland Count', Permsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point which is the Norr. hwestern corner of the lot herein described where the same corners with properw now or late of Paul Rhoads and the Southern edge of the right-or'-way of the Carlisle Pike, also known as U.S. Route ll; thence North 69 degrees 30 minutes East. along the Southern edge of the said right-of-way, a distance of fore)/. (40) feet to a point: th._'2~.. £, u,'h 2t.} degrees 30 minutes East. along properW now or formerly of Harry Mixell, a distance o~ one hundred rift)' (150) feet to a point; thence South 69 degrees 30 minutes West, along the Nortl~ern edge of a fifteen (15) foot paved alley, a distance of forty'(40) feet to a point: t~.ence North 20 degrees 30 minutes West, along property now or formerly or' Paut K.~oads. a distance ,2f eno hundred rift'.,' ([50) feet to a point: the place of BEGINNING. BEING Lot No. 39 on Plan of Hogestown and as described in accordance with :he survey of Go.ir I. Bert. Registered Surveyor, dated June 1, 1972. HAVING THEREON ERECTED a dwelling house known and numbered 6605 Carlisle Mechanicsburg, Permsylvania 17055. BEING Tax Parcel # 38-i841332-039. RECORD OV~ .'NER TITLE TO SAID PREMISES IS VESTED IN Kim D. Klose by Deed from Paul E. Gerhard and Pearl C, Gerhard, husband and wife dated 8/21/98, recorded 8/24/98, in Deed Book 184, page 6I. Steven K. Eisenberg, Esquire Steven IL Eisenberg, Law Offices Attorney Numbers 75736 530 W. Street Road, Suite 200 Warminster, Pennsylvania 18974 Attorneys for Cendant Mortgage Coqoomtion (215) 675-4211 Polk, Scheer & Prober P.O. Box 4365 Woodland Hills, Caiifomia 91365 In The United States Bankruptcy Coo_rt I.I/d:IRISBURG For The Middle District of Penn.~ylva:~L~O KLm D. Klose Kathy J. K.lose DEBTOR(s) Chapter 13 Clerk, U.S. Bankruptcy Court BANKRUPTCY NO. 01-03224 Order for Relief from the Automatic Stay Pursuant to 11 U.S.C. §362 in Favor of Cendant Mortgage Corporation HEAlinG DATE: ANDNOW, this r'/~ dayof ~qt, t~f~ 2002- , this matter having been brought before the Court by Stev~n K. Eisenbca'g, Esquire, attorneys for secured creditor, Cendant Mortgage Corporation ("Cendant"), by Motion for Relief from, and to Vacate, the Automatic Stay (the "Motion"), and it appearing that said Motion having been regularly served upon ail parties concerned, and after [opportunity for a hearing] [hearing], and for good cause shown and upon consideration of said Motion, it is hereby ORDERED that Judgment by Default be entered in favor of Cendant Mortgage Corporation and against Debtor(s), Klm D. Klose and Kathy J. Klose, for failing to respond to Cendant's Motion for Relief from the Automatic Stay; and it is further, Docket for Case: "+ GetCaseNo0 +" (" + DktTypeExpand(m.gsDktType) + ") Bankruptcy Docket Report I 01-03224 (Harrisburg) KLOSE, KIM D and KLOSE, KATHY J Docket items entered between 01/01/1931 and 02/28/2002 Page 1 of 2 Filing Date 06/05/01 06/06/01 06/22/01 06/29/01 07/16/01 08/16/01 09/04/01 09/07/01 10/16/01 11/30/01 11/30/01 12/06/01 01/07/02 01/07/02 View No. Docket Entry document 1 VOLUNTARY PETITION under Chapter 13 & Mailing Matrix [EOD 06/06/01] [CR] pages) 2 NOTICE of intent to dismiss case unless missing documents are filed: due by None 06/21/01 Re: Item # 1. [Complied] [EOD 06/06/01] [CR] 3 CORRESPONDENCE to Attorney allowing until June 29, 2001 to file missing None documents. Re: Item # 2. [EOD 06/22/01 ] [CA] 4 Schedules, Statements, Plan & Summary and all missing documents Re: Item # 2. Doc ,04 PDF [EOD 07/03/01] [CR] (23 pages) 5 CERTIFICATE of Mailing of Notice of 341 Meeting. Objections to the plan are due None 15 days after meeting held. [EOD 07/16/01] [CA] 6 341 meeting held. [EOD 08/16/01] [CA] None 7 ORDER Confirming Plan Re: Item # 4. [EOD 09/04/01 ] [DR] None 8 MOTION TO DISMISS BY TRUSTEE WITH NOTICE SETTING HEARING on None 10/11/01 at 02:00 P.M. at FED.BLDG., BKRPTCY CTRM.(3RD FLR.), THIRD & WALNUT STS., HARRISBURG,PA. 17108 [EOD 09/07/01] [JC] 9 STIPULATION by PARTIES. Re: Item# 8. [EOD 10/16/01] [CG] None APPROVED by the court. [EOD 10/16/01] [CG] 10 MOTION for relief from stay Re: Cendant Mortgage Corporation (Fee paid, Receipt None #576580, $75.00) [Disposed] [EOD 11/30/01] [KZ] CERTIFICATE OF NON-CONCURRENCE [EOD 11/30/01] [KZ] 11 ORDER that answers aredue on 12/20/01 Re: Item # 10. [EOD 11/30/01] [KZ] None 12 CERTIFICATE of service Re: Item # 11. [EOD 12/06/01] [CR] None 13 MOTION for default judgment Re: Item # 10. [Disposed] [EOD 01/07/02] [CR] None 14 ORDER granting default judgment Re: Item # 13. [EOD 01/07/02] [CR] Doc #14 PDF ORDER granting relief from stay Re: Item # 10. [EOD 01/07/02] [CR] (3 pages) Printed: 02/28/02 10:55:08 Doc #1 PDF (2 ] PACER Service Center I Transaction Receipt ] 02/28/2002 10:55:08 IPACER Login: ][~0'~lClient Code: ] IDe*eril tiun:II --]lCase Number: II12001-03224 http://pacer.pamb.usc~urts.g~v/cgi-bin/f~xweb.exe/npacer/nPacer?ExecThis=d~cket&puid=~ 2/28/02 Docket for Case: "+ GetCaseNo0 +" (" + DktTypeExpand(m.gsDktType) + ") Page 2 of 2 ~I~ Need help? Try the PACER User's Guide ~acer Service Center http://pacer.pamb.usc~urts.g~v/cgi-bin/f~xweb.exe/npacer/nPacer?ExecThis=d~cket&puid=~ 1.0 2/28/02 PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE CENDANT MORTGAGE CORPORATION KIM D. KLOSE SERVE KIM D' KLOSE AT 6605 CARLISLE PIKE MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 01-88 CIVIL ACCT. #7983026 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 5, 2002 Served and made known to ~\~'~ 9 * /~/05~-- of Pennsylvania, in the manner described below: SERVED ,Defendant, onthe /0~LI dayof j~ltqL~ ,200_~,,. __ Defendant personally served. ~.. Adult fam/ly member with whom Defendant(s) reside(s). Relationship is ~ o bJ __Adult in charge of Defendant(s)'s residence who refused to give name or relationship. __ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 1~ Height ~' Weight /CO Race L~JX~Sex ~J[ Other I, Cl~'g,t-~°¢ ~- [, G~.~/'.-{-~Kac~mpetenta~u~bei~g~ys~rnacc~r~ingt~a~ep~sean~statethat~pers~na~yha~e~ a tree and correct copy of the Notice of Sheriff's ~.ate tn me ma~/~l~t~f~ herein, issu :d in the captioned case on the date and at the address indicated above. ~.IE/~H M. JOF-~'~$~ON, Sworn to and subscribed }/q ~omm~,q0n F.~im -~.~. t9, before, ~e this ]] ~4~day ~ ~ · PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DA~S'~& TIMES OF SERVICE ATTEMPED, NOTSERVED On the day of ,200__, at o'clock __.m., Defendant NOT FOUND because: __ Moved __ Unknown__ No Answer __ Vacant lst Attempt: / / Time: : 2nd Attempt: / / Time: : 3rd Attempt: / / Time: : Sworn to andsubscribed before methis__day of ,200_. No~ry: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: CENDANT MORTGAGE CORPORATION ) CIVIL ACTION ) VS. KlM D. KLOSE CIVIL DIVISION NO. 01-88 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for CENDANT MORTGAGE CORPORATION hereby verify that on 2128/02 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. Notice of Sale was sent to the Defendant(s) on 2/28102 by certified mail return receipt requested see Exhibit "B" attached hereto. DATE: April 18, 2002 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 7160 3901 9844 7041 8828 TO: KIM'D. KLO~E · 6605 CARLISLE PIKE MECHANICSBURG, PA 17055 SENDER: SPG - j~l(~ REFERENCE: KLOSE - 7983026 PS Fo~rn 3800, June 2000 RETURN Postage RECEIPT Certified Fee SERVICE R~turn Receipt Fee wa , Rec..e. mpt for' Cerbfled Mad .34 2.10 ,1.50 STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND Robert P Ztegler I, ............................................................................. R. ecorder of Deeds in sad for s~id County sad State do'hcrchy certify that thc Sheriffs Deed ia which ................ Cendant Mtg Corp .................................................................................... is the grantee 5Ch t}~ s~,me having been sold to said grautcc on the ............................................... day o[ June ~ n 02 ............................................. , f ..... , under and by virtue of a writ .............. ~-xeeution .................................... ................................................ issu~xi o~ thc. 7 th March 02 day of .......................... A. D,, ..... ~ out of thc Court of Conunan Picas of smd County as of Civil 2001 · 88 Cendant Mtg Corp Number .............. , at the suit of ............................................................... Kim D ................................... against .................................................... 252 1819 duly ~reoorded in Sheriffs Deed Book No ............. , Page ............. IN TESTIMONY WHEREOF, I have hcrcunto t my ~{nd and seal of said ofhce this .o~ ...... day ........ Cendant Mortgage Corporation VS Kim D. Klose In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-88 Civil Term Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 19, 2002 at 5:33 o'clock pm, EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Kim D. Klose, by making known unto Julie Klose, adult daughter of defendant, at 6605 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said tree and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2002 at 11:25 o'clock A.M., E.S.T., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property ofKim D. Klose located at 6605 Carlisle Pike, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Kim D. Klose, by regular mail to her last known address of 6605 Carlisle Pike, Mechanicsburg, PA 17055. This letter was mailed under the date of April 04, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on June 5, 2002 at 10:00 o'clock A.M.. He sold the same for the sum of $I.00 to Attorney Frank Federman for Cendant Mortgage Corporation. It being the highest bid and best price received for the same, Cendant Mortgage Corporation of 6000 Atrium Way, Mt. Laurel, NJ 08054, being the buyer in this execution, paid SheriffR. Thomas Kline the sum of $745.59, it being costs. Sheriff's Costs: Docketing $30.00 Poundage 14.62 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library Prothonotary 1.00 Mileage 12.42 Certified Mail 1.85 Levy 15.00 Surcharge 20.00 Law Journal 307.25 Patriot News 193.75 Share of Bills 25.20 Distribution of Proceeds Sheriff's Deed 25.00 29.50 $745.59 paid by attorney 06/20/2002 Sworn and subscribed to before me This I1 ~ day of ('-fi'gl 2002, A.D. So Answers: onotary Real Estate D6puty ~ Jq03 ? REAL ESTATE SALE On March 11, 2002 the sherifflevied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA, known and numbered as 6605 Carlisle Pike, Mechanicsburg and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 11, 2002 By: Real Estate Deputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general cimulation, 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 23rd and 30th day(s) of April 2002 and the 7th day(s) of May 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. ~'~"~!:~L~ S A L E ~36 Te~ L. Ru~ll, Noa~ Pu~lc HaSlum, Da~hm ~n~ N~TARY PHBLI~ ~'~ ~ My C~ssi~ E~res June 6, M~r, P~n~a ~t~ ~ N~afles~y commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURT'HOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 192.00 $ 1.75 $ 193.75 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 ~TLHT 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. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the primed 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: APRIL 26, MAY 3, 10, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. REAL E~TATE 8Allg NO. 36 Writ No. 2001-88 Civil Cendant Mortgage Corporation vs. Klm D. Klose Atty.: Frank Federman DESCRIPTION ALL THAT CERTAIN lot of ground with improvements erected thereon situate in the Village of Hogestown, Silver Sprh,g Township. Cumberland County. Pennsylvania, more partic ularly bounded and described as follows, to wit: BEGINNING at a point which is the Northwestern corner of the lot herein described where the same corners with property now or late of Paul Rhoads and the Southern edge of the right of-way of the Car- lisle Pike, also known as U.S. Route 11; thence North 69 degrees 30 minutes East, along the Southern edge of the said right of way, a dis tance of forty {40) feet to a point: thence South 20 degrees 30 rrfm utes East. along property now or formerly of Harry Mlxell, a distance of one hundred fifty {150) feet to a point; thence South 69 degrees 30 minutes West, along the northern edge of a fifteen (15) foot paved al- ley, a distance of forty (40) feet to a point; thence North 20 degrees 30 minutes West, along property now or formerly of Paul Rhoads, a dis tance or one hundred fifty (1501 feet to a point; the place of BEGINNING. BEING Lot No. 39 on Plan of Hogestown and as described in ac cordance with the survey of Gerrit J. Betz, Registered Surveyor, dated ~al, Editor ~' SWORN TO AND SUBSCRIBED before me this 10 day of MAY, 2002 Cendant Mortgage Corporation Rim D. Klose Atty.: Frank Fedcrman DESCRIPTION ALL THAT CERTAIN lot of grourtd with improvements erected thereon situate in the Village of Hagestown, Silver Spring Township, Cumberland County, Permsylvan'm, more partic- ularly bounded amd described as follows, to wit: BEGINNING at a poirtt which Is the Northwestern corner of the lot herein described where the same corners with property now or late of Paul Rhoads and the Southern edge of the right-of-way of the Car- lisle Pike, also known as U.S, Route 11: thence North 69 degrees 30 minutes East. along the Southern edge of the said right-of-way, a dis- tanee of forty [40) feet to a point: thence South 20 degrees 30 min- utes East, along property now or formerly of Harry Mixell, a distance of one hmldred fifty (150} feet to a point; thence South 69 degrees 30 minutes West, along the northern edge of a lifteen {15} foot paved al- ley, a distance of forty 1401 feet to a point; thence North 20 degrees 30 minutes West, along property now or forraerly of Paul Rhoads. a dis- tahoe or one hundred fifty {150) feet to a point: the place of BEGINNING. BEING Lot No. 39 on Plan of Hogestown and as described in ac cordance wi_th the survey of Gerrit d. Betz, Registered Surveyor, dated dune 1. 1972. HAVING THEREON ERECTED a dwelling house known and num- bered 6605 Carlisle Pike, Mechan- iesburg. Pennsylvania 17055. BEING Tax Parcel #38-18-1332- 039. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Rim D. Klose by Deed from Paul E. Gerhard and Pearl C. Gerhard, husband and wife dated 8/21/98, recorded 8/24/98, In Deed Book 184, page 61. SWORN TO AND' 10 day c NO~ LOtS E.