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HomeMy WebLinkAbout02-0247GOLDBECK 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 CITIFINANCIAL MORTGAGE CO. INC. F/K/A FORD CDC l I 11 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019-3931 VS. HELEN E. KLINGER Mortgagor(s) and Record Owner(s) AMEDEO S. CUMANO Record Owner(s) Plaintiff 14 Hellam Drive Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term CIVIL ACTION: MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in cotut. If you wish to defend against the claims set forth in the following pages, you must take action within Iwenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Cour~ without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You ~nay lose money or property or other rights important to you. YOU SHOULD TAKE TH1S POPER 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 BAR ASSOCIATION 2 Liberiy Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 [rvine Row Carlisle, PA 17013 717-243-9400 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 DESpIJES DE SER SERVIDO CON ESTA DEMANDA y AVISO. PARA DEFENDERSE ES NECESSARIO QLIE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SrN SU PARTICIFACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROP1EDAD U OTROS DERECHOS IMPORTANrI~S. LLEVE ESTA DEMANDA A LIN ABOGADO IMlVlED1ATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. C1JMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 COMPLAINT IN MORTGAGE FORECLOSURE o Plaintiff is CITIFINANCIAL MORTGAGE CO. INC. F/K/A FORD CDC, 1111 Northpoint Drive, Building 4, Suite 100 Coppell, TX 75019-3931. The name(s) and address(es) of the Defendant(s) is/are AMEDEO S. CUMANO, 14 Hellam Drive, Mechanicsburg, PA 17055 and HELEN E. KLINGER, 14 Hellam Drive, Mechanicsburg, PA 17055, who is/are the mortgagor(s) and real owner(s) of the mortgaged premises hereinafter described. On September 27, 1994 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CITIFINANCIAL MORTGAGE CO. INC., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1234 and Page 1098. The mortgage has not been assigned unless said assignment to the Plaintiff is hereafter mentioned. 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 June 01, 1999, 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 05/01/1999 through 01/30/2002 at 12.7900% Per Diem interest rate at $30.76 Attorney's Fee at 5.0% of Principal Balance Late Charges from 06/01/1999 to 01/30/2002 Monthly late charge amount at $0.00 Costs of suit and Title Search Escrow Balance Debit Monthly Escrow amount $0.00 $88,624.94 $30,821.52 $4,431.25 $0.00 $750.00 $124,627.71 $0.00 $0.00 $124,627.71 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. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant(s) by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A". The Defendant(s) has/have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant(s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. ,WHEP~EFORE, Plaintiff demands judgment in mortgage foreclosure in the sum of $124,627.71, together with interest at the rate of $30.76, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. By: pOLD~ECK Mc~-AFFERTY & Mc~ BY: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, , as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsification to authorities. 04:52 591-1784 SEARCH ONE PAGE 85 '$'1 8£P Y9 PR 1 ~0 I~reln Mi~DEO S. CUMANO and ~ N~nety-six thousand and no/100 ................. In ~ p~, t~ ~glpt wh~ i~ ~eb~ ~he~on e~e~d ~i~ut~l in U~per ALLen Township, ~m~rla~ County, Pennsylvania, ~unded and ~esa~ibed ~s ~o11~, ~a wit: Seo~lon G, &s ~e same a=e shown on ~e hereinafter mention~ plan -- -L .~ ....... .,4,-J-,,... u-m~ alone ~he las~ maid dividing line, 152.~0 ~ee2 ~o a pO~h~ In ~B~ ~ot No. 1G, Section G, P~an 4, o~' Kl~abe~l~ Kaado~l, said Plan b~i~g reoord&d in Pla~ Boqk 31, Peqe 123f CUmberland County lacoldS, HAVING THEREON erected · sln~la [eBil~ dwellln9 known and numbered 14 HelXam Drlv~, Meshani~aburg, ~roker, by deed dated ~uly ~8, ~he R~corder,s o££~oe ~n and £o~ Cvmb~rl&nd record pe~al~nq ~o said premises. EXHIBIT A ACT 91 NOTICE DATE OF NOTICE: November 5, 2001 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact any attorney in your area. The local bar association may be able to help you find a lawyer. La notificacion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada ardba. Puedes ser elegible para un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. Prepared by: GOLDBECK McCAFFERTY & McKEEVER Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 Fax (215) 627-7734 Date: November 5, 2001 Homeowners Name: AMEDRO S. CUMMANO and HELEN E. KLINGER Property Address: 14 Hellam Drive, Mechanicsburg, PA 17055 Loan Account No.: 033753860100010 Original Lender: CITIFINANCIAL MORTGAGE CO. INC. Current Lender/Servicer: HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * 1F YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT"~ EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific infomtation about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your fact-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 14 Hellam Drive, Mechanicsburg, PA 17055 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payment from 06/01/1999 thru 11/5/2001 (30 mos. at $1,002.55/month) $30,076.50 (b) Other charges; Escrow, Inspec., NSF Checks (c) Other provisions of the mortgage obligation, if any (d) TOTAL AMOUNT OF (a) (b) and (c) REQUIRED AS OF THIS DATE $30,076.50 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $30~076.50, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: CITIFINANCIAL MORTGAGE CO. INC. 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019-3931 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender beings legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then dne.~ reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of thc mortgaged property could be held would bc approximately four (4) to six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what thc required payment or action will by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: CITIFINANCIAL MORTGAGE CO. INC. Address: 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019-3931 Phone Number: 800-423-8258 x12415 Fax Number: 972-657-1646 Contact Person: Tricia Doughtry EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. BEHALF. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Contact Person: Tricia Doughtry Phone Number: 800-423-8258 x12415 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERI,AND COUNTY CCCS OF WESTERN PENNSYLVANIA INC. 2000 Linglestown Road Hamsburg, PA 17102 (717) 541-1757 URBAN LEAGUE OF METROPOLITAN HARRISBURG 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 COMMUNITY ACTION COMM OF THE CAPITAL REGION 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX 234-2227 FINANCIAL COUNSELING SERVICES OF FRANKLIN 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA OF CARLISLE 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 ADAMS COUNTY HOUSING AUTHORITY 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 SHERIFFIS RETURN - NOT FOUND CASE NO: 2002-00247 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIFINANCIAL MORTGAGE CO INC VS KLINGER HELEN E ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT KLINGER HELEN E but was unable to locate Her in his bailiwick. COMPLAINT - MORT FORE , He therefore returns the the within named DEFENDANT , NOT FOUND , as to , KLINGER HELEN E 14 HELLAM DR MECHANICSBURG WAS CONDEMNED 4/16/01 DEFENDANT'S NEW ADDRESS 33 S. HIGH ST. ROMNEY, WV . 26757 Sheriff's Costs: Docketing Service Not Found Surcharge 18 00 8 28 5 00 10 00 00 41 28 Sheriff of Cumberland County GOLDBECK MCCAFFERTY MCKEEVER 01/30/2002 Sworn and subscribed to before me this %/~- day of J~ ~P-- A.D. Pffo~hon6~'ary · SHERIFF.'S RETURN - NOT FOUND CAS~ NO: 2002-00247 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIFINANCIAL MORTGAGE CO INC VS KLINGER HELEN E ET AL R. Thomas Kline duly sworn acCording to law, says, that he made a diligent inquiry for the within named defendant, DEFENDANT CUMANO AMEDEO S ,Sheriff or Deputy Sheriff, who being search and but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT , NOT FOUND , as to , CUMANO AMEDEO S 14 HELLAM DR MECFIANICSBURG WAS CONDEMNED 4/16/01. DEFENDANT'S NEW ADDRESS 33 S. HIGH ST. ROMNEY, WV .26757 Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 Sheriff of Cumberland County GOLDBECK MCCAFFERTY MCKEEVER 01/30/2002 Sworn and subscribed to before me this ~? day of ~ o9-~ 2~ A.D. Pro~hdnota~y - , In the Court of Common Pleas of Cumberland County CITIFINANCIAL MORTGAGE CO. INC. F/K/A FORD CDC I l 11 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019-3931 Plaintiff VS. AMEDEO S. CUMANO HELEN E. KLINGER (Mortgagor(s) and AMEDEO S. CUMANORecord Owner(s)) 14 Hellam Drive Mechanicsburg, PA 17055 Defendant(s) No. 02-247 CIVIL TERM PRAECIPE FOR JUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against AMEDEO S. CUMANO and HELEN E. KLINGER by default for want of an Answer. Assess damages as follows: Debt $128,257.39 Interest - 05/01/1999 to 05/29/2002 Total (Assessment of Damages attached) 1 CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE 1N THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. 1 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 ~ least ten da~s prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 /)t~ D Joseph c Attorney Ibr Plaintiff I.D. #16132 AND NOW ~ [ [tL4J~/'"'~ 3 [ , O~O (-.)~ , Judgment is entered in favor of CITIFINANCIAL MORTGAGE CQ~. INC. F/K/A FORD CDC and against AMEDEO S. CUMANO and HELEN E. KL1NGER by default for want of an Answer and damages assessed in the sum of $128,257.39 as p.ol' the above certification. Prothonotary 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 CITIFINANCIAL MORTGAGE CO. INC. F/K/A FORD CDC 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019-3931 VS. Plaintiff AMEDEO S. CUMANO HELEN E. KLINGER (Mortgagor(s) and AMEDEO S. CUMANORecord owner(s)) 14 Hellam Drive Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 02-247 CIVIL TERM ORDER FOR JUDGMENT Please enter Judgment in favor of CITIF1NANCIAL MORTGAGE CO. 1NC. F/K/A FORD CDC, and against AMEDEO S. CUMANO and HELEN E. KLINGER for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of Ameril:a) from the date of service of the Complaint, in the sum of$128,257.39. Josel .~G ~c,~-/l~ '. old . Atto . f for Plaintiff I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is CITIFINANCIAL MORTGAGE CO. INC. F/K/A FORD CDC 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019-3931 and that the name(s) and last known address(es) of the Defendant(s) is/are AMEDEO S. CUMANO, 33 South High Street Romney, WV 26757 and HELEN E. KLINGER, 33 South High Street Romney, WV 26757; GOLDBE~ BY: Josel~h Attorney~ · Goldbec Plaintiff :TY& McKEEVER ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance Interest from 05/01/1999 through 05/29/2002 Attorney's Fee at 5.0000% of principal balance Late Charges Costs of Suit and Title Search Escrow Balance Deficit $88,624.94 $34,451.20 $4,431.25 $0.00 $750.00 $0.00 ($0.00) $128,257.39 ~' M'cKEEVER AND NOW, this day of ,2002 damages are assessed as above. VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non- Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, AMEDEO S. CUMANO, is about unknown years of age, that Defendant's last known residence is 33 South High Street, Romney, WV 26757, 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: 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, HELEN E. KLINGER, is about unknown years of age, that Defendant's last known residence is 33 South High Street, Romney, WV 26757, 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' Congress of 1940 and its Amendments. Date: Civil Relief Action of THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: April 1, 2002 TO: AMEDEO S. CUMANO 33 South High Street Romney, WV 26757 CITIFINANCIAL MORTGAGE CO. 1NC. F/K/A FORD CDC 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019-3931 VS. AMEDEO S. CUMANO HELEN E. KLINGER (Mortgagor(s) and Record Owner(s)) 14 Hellam Drive Mechanicsburg, PA 17055 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE rernl No. 02-247 CIVIL TERM TO: AMEDEO S. CUMANO 33 South High Street Romney, WV 26757 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITrEN APPEARANCI: PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES 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 HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULE TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNO~I AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAI< GET LEGAL HELP: ~'~MBER,LAND COUNTY BAR ASSOC AT ON .~,?ec '~3V~CES Attorney for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: April 1,200~ TO: HELEN E. KLINGER 33 South High Street Romney, WV 26757 CITIF1NANCIAL MORTGAGE CO. 1NC. F/K/A FORD CDC 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019-3931 VS. AMEDEO S. CUMANO HELEN E. KLINGER (Mortgagor(s) and Record Owner(s)) 14 Hellam Drive Mechanicsburg, PA 17055 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 02-247 CIVIL TERM TO: HELEN E. KLINGER 33 South High Street Romney, WV 26757 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITrEN 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 CANNO'[ AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: (,'l~J¥ B ER.LAND COUNTY BAR ASSOCIATION Attorney for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: April 1, 2002 TO: HELEN E. KLINGER 14 Hellam Drive Mechanicsburg, PA 17055 CITIFINANCIAL MORTGAGE CO. 1NC. F/K/A FORD CDC l 111 Northpoint Drive Building 4, Suite 100 Coppell, TX 7501%3931 VS. AMEDEO S. CUMANO HELEN E. KLINGER (Mortgagor(s) and Record Owner(s)) 14 Hellam Drive Mechanicsburg, PA 17055 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 02-247 CML TERM TO: HELEN E. KLINGER 14 Hellam Drive Mechanicsburg, PA 17055 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE 1N 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 HEAR1NG 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 CANNO'I AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: h IBER ANDCOUNTY BARASSOC ATION B~seph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: April 1,200~ TO: AMEDEO S. CUMANO 14 Hellam Drive Mechanicsburg, PA 17055 CITIFINANCIAL MORTGAGE CO. 1NC. F/K/A FORD CDC 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019-3931 VS. AMEDEO S. CUMANO HELEN E. KLINGER (Mortgagor(s) and Record Owner(s)) 14 Hellam Drive Mechanicsburg, PA 17055 Plaintiff TO: AMEDEO S. CUMANO 14 Hellam Drive Mechanicsburg, PA 17055 Defendant(s) IMPORTANT NOTICE In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE terlTl No. 02-247 CIVIL TERM YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITrEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE 1N 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 CANNO'[ AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: (,'~ B ER,LAND COUNTY BAR ASSOCIATION 'GAL ERVICES INC Attorney for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CITIFINANCIAL MORTGAGE CO. INC. F/K]A FORD CDC 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019-3931 Plaintiff VS. AMEDEO S. CUMANO HELEN E. KLINGER (Mortgagors and AMEDEO S. CUMANORecord Owner(s)) 14 Hellam Drive Mechanicsburg, PA 17055 Defendant(s) No. 02-247 CIVIL TERM 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. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. Curt Long Prothon~a~ /-I J~ · (J Deputy If you have any questions concerning the above, please contact: Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 AFFIDAVIT OF SERVICE State of PA Circuit Court Case Number 02-247 County of CUMBERLAND Plaintiff: Citifinancial Mortgage Co., Inc. f/k/a Ford CDC vs · Defendant: Amedeo S. Cumano For: JOSEPH A. GOLDBECK, JR GOLDBECK MCCAFFERTY & MCKEEVER Received by BR INVESTIGATIONS, INC. to be served on Amedeo S. Cumano, 33 South High Street, Rom. ne.y, ~ 26757. I, ¢~e, t~.~_~'~t , being duly sworn, depose and say that on the ~ day of ,~?',q,~C ,20t~, at __~._: ~'O t-'.m., executed service by delivering a mae copy of the COMPLAINT in accordance with state statues in the manner marked beloW: ( X ) INDIVIDUAL SERVICE: SERVED THE WITHIN-NAMED PERSON. ( ) SUBSTITUTE SERVICE: BY SERVING ( ) DEFENDANT MARRIED: NAME OF SPOUSE DEFENDANT NOT MARRIED NOT IN THE MILITARY ( ) IN THE MILITARY NON SERVE FOR THIS REASON BELOW: ( ) OWNER OCCUPIED ( ) PROPERTY IS VACANT ( ) PER ATTORNEY COMMENTS: I ~ftil'y that I have no interest in the above action, am of legal age and have proper authority in the jurisdiction in which this service was made. Subscribed and Sworn to before me on the ~ Day ~c,~cA,, ;~e~.by the affiant who is personally kn~(3.to me. NO, ARt PUBLIC APPOINFED IN ACCORDANCE WI-IH STATE STATUTES BR INVESTIGATIONS, INC. 5549 S. SEMORAN BLVD. SUITE 221 ORLANDO, FL 32822 (877) 737-4155 Matter No: ACD-0997 AFFIDAVIT OF SERVICE State of PA Circuit Court Case Number 02-247 County of CUMBERLAND Plaintiff: Citifinancial Mortgage Co., Inc. f/k/a Ford CDC VS ~' Defendant: Amedeo S. Cumano For: JOSEPH A. GOLDBECK, JR GOLDBECK MCCAFFERTY & MCKEEVER Received by BR INVESTIGATIONS, INC. to be served on Helen E. Klinger, 33 South High Street, Romney, ~ 26757. l,,?,~,t-~]t,~/~/~,~J~, being duly sworn, depose and say that on the ~ day of ,e~,~o'~( ,20[0~-,at ~ :,~0 P.m., executed service by delivering a true copy ofthe COMPLAINT in accordance with state statues in the manner marked below: (~') INDIVIDUAL SERVICE: SERVED THE WITHIN-NAMED PERSON. ( ) SUBSTITUTE SERVICE: BY SERVING ( ) DEFENDANT MARRIED: NAME OF SPOUSE ( ) DEFENDANT NOT MARRIED /) NOT IN THE MILITARY ( ) IN THE MILITARY ( ) NON SERVE FOR THIS REASON BELOW: ( ) OWNER OCCUPIED ( ) PROPERTY IS VACANT ( ) PER ATTORNEY COMMENTS: I certify that I have no interest in the above action, am of legal age and have proper authority in the jurisdiction in which this service was made. PROC'ESgS-ERV~R # -/~ff'-/~ APPOINTED 1N ACCORDANCE W[I'H STATE STATUTES Subscribed and Sworn to before me on the Day IT~.,(c~. 9.C~',7.by the affiant who is personally known to me] N)OTAI~Y PUBLIC - - ~ . _./1 _ BR INVESTIGATIONS, INC. 5549 S. SEMORAN BLVD. SUITE 221 ORLANDO, FL 32822 (877) 737-4155 Matter No: ACD-0997 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attomey I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attomey for Plaintiff CITIFINANCIAL MORTGAGE CO. 1NC. F/K/A FORD CDC 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019-3931 Plaintiff VS. AMEDEO S. CUMANO HELEN E. KL1NGER Mortgagor(s) and AMEDEO S. CUMANORecord Owner(s) 14 Hellam Drive Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 02-247 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 05/01/1999 to 05/29/2002 at 12.7900% $128,257.39 (Costs to be added) GOLDBE E BY: Joseph A ~Gpldbeck, Attorney for Pl~Xntiff McKEEVER theY.on erected ~itu~e in U~pmr Al~en Township, Cumberland County, ~nnsylvagia, bounded a~d ~esar£bed ~s follows, to wit= aXomg Baid li~e of ~ ~, South 3B 1~2.70 f~= to ~ ~oi~= In ~he ~ou~he~ee=n line of Hell~ Drive, BBING Lot No. 16, Sectio~ ~, PLan 4, ~' Kl~berly MeadoWs, said HAVING THEREON *r~ottd a elngle amii dwelling know, and numbered 14 Hellam Drive, Meah~nlosburg, Pa, Broke~, by deed dated July 28, 19~B and recorded AUgUS= 5, 1~88 in Book ~ Volum~ 3~, P~ge 799, UNDER ~ND 8UBJ~CT ~0 conditions, ~e~rl~tlonB, and ~ass~ts of prior TAX PARCEL #42-27-1888-161 WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 AND Rule 3257 CH1FINANCIAL MORTGAGE CO. INC. F/K/A FORD CDC 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019-3931 VS. AMEDEO S. CUMANO HELEN E. KLINGER 14 Hellam Drive Mechanicsburg, PA 17055 Commomvealth of Pennsylvania: In the Court of Common Pleas of Cumberland County No. 02-247 CIVIL TERM WRIT OF EXECUTION (MORTGAGE FORECLOSURE) County of Cumberland To the Sheriff of Cumberland County,_Pennsylvania To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: PREMISES: 14 Hellam Drive Mechanicsburg, PA 17055 See Exhibit "A" attached AMOUNT DUE Interest From 05/01/1999 Through 05/29/2002 $128,257.39 (Costs to be added) Dated: Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania 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 CITIFINANCIAL MORTGAGE CO. INC. F/K/A FORD CDC 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019-3931 Plaintiff VS. AMEDEO S. CUMANO HELEN E. KLINGER (Mortgagor(s) and AMEDEO S. CUMANOReeord Owner(s)) 14 Hellam Drive Mechanicsburg, PA 17055 Defendant(s) 1N THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 02-247 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 CITIFINANCIAL MORTGAGE CO. 1NC. F/K/A FORD CDC, 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: 14 Hellam Drive Mechanicsburg, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s): AMEDEO S. CUMANO 33 South High Street Romney, WV 26757 HELEN E. KL1NGER 33 South High Street Romney, WV 26757 2. Name and address of Defendant(s) in the judgment: AMEDEO S. CUMANO 33 South High Street Romney, WV 26757 HELEN E. KLINGER 33 South High Street Romney, WV 26757 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: CHARLES R. FIELDS, DDS 2101 Aspen Drive Mechanicsburg, PA PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Ch/Id Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 KIMCO DEVELOPMENT OF GIANTS INC. PO Box C-1044 Northern Blvd Roslyn, NY 11576 CREDIT BASED ASSET SERVICING & SECURITIZATION LLC 5373 West Alabama Suite 600 Houston, TX 77056 PENNSYLVANIA POWER & LIGHT CO. 1801 Brookwood Street Harrisburg, PA 17015 BUREAU OF COMPLIANCE Dept 280946 Harisburg, PA 17128 HOLY SPIRIT HOSPITAL AWAITING ADDRESS UPPER ALLEN TOWNSHIP 100 Gettysburg Pike Mechanicsburg, PA 4. Name and address of the last recorded holder of every mortgage of record: RITA H. BEUCHER 353 Coconut Palm Road Boca Raton, FL NORTHWEST CONSUMER DISCOUNT CO d/b/a PREIS CONSUMER DISCOUNT CO. 5340 Jonestown Road Harrisburg, PA 17112 BLAZER CONSUMER DISCOUNT CO. 7737 Frankford Avenue Philadelphia, PA 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. (attach separate sheet if more space is needed) I verify that the statemems 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 t ~enalfies of 18 P . C.S. Section 4904 relating to unsworn falsification to authorities. DATED: May 29, 2002 ~t° th_et BA ~Y~ Jrn°eS;PfohrAp'laGi~tlidff~' Jr" Esq' 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 CITIFINANCIAL MORTGAGE CO. INC. F/K/A FORD CDC 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019-3931 Plaintiff VS. AMEDEO S. CUMANO HELEN E. KLINGER Mortgagor(s) and CUMANO, AMEDEO S.Record Owner(s) 14 Hellam Drive Mechanicsburg, PA 17055 Defendant(s) 1N THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Terlrl No. 02-247 CIVIL TERM THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CUMANO, AMEDEO S. AMEDEO S. CUMANO 33 South High Street Romney, WV 26757 Your house at 14 Hellam Drive, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, September 04, 2002, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $128,257.39 obtained by CITIFINANCIAL MORTGAGE CO. INC. F/K/A FORD CDC 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 CITIFINANCIAL MORTGAGE CO. INC. F/K/A FORD CDC, 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. 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 fred out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To f'md out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriffthirty (30) days from the date of the Sherifl?s Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney LD.# 16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CITIFINANCIAL MORTGAGE CO. INC. F/K/A FORD CDC 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019-3931 Plaintiff VS. AMEDEO S. CUMANO HELEN E. KLINGER Mortgagor(s) and CUMANO, AMEDEO S.Record Owner(s) 14 Hellam Drive Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Ternl No. 02-247 CIVIL TERM THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: KLINGER, HELEN E. HELEN E. KLINGER 33 South High Street Romney, WV 26757 Your house at 14 Hellam Drive, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriff's Sale on Wednesday, September 04, 2002, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $128,257.39 obtained by CITIF1NANCIAL MORTGAGE CO. INC. F/K/A FORD CDC 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 CITIFINANCIAL MORTGAGE CO. INC. F/IG'A FORD CDC, 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. 3. Yoo 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 find 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 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 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 F1ND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 Jospeh A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CITIF1NANCIAL MORTGAGE CO. INC. F/K/A FORD CDC 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019-3931 Plaintiff VS. AMEDEO S. CUMANO HELEN E. KLINGER Mortgagor(s) and AMEDEO S. CUMANORecord Owner(s) 14 Hellam Drive Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 02-247 CIVIL TERM CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. 1 Jr. Att~r~tey for plain' ff 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 CITIFINANCIAL MORTGAGE CO. INC. F/K/A FORD CDC 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019-3931 VS. Plaintiff AMEDEO S. CUMANO HELEN E. KLINGER Mortgagors and Record Owners AMEDEO S. CUMANO Record Owner 14 Hellam Drive Mechanicsburg, PA 17055 Defendants IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 02-247 CIVIL TERM 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 ~lll~l[l~e/competent adult (copy of return attached). Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of 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. Goldbeek, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. B~Tfl~ph ~. Goldbeck, A~'ney for Plaintiff 4 ~ oo AFFIDAVIT OF SERVt,CE State of PA, County of CUMBERLAND Circuit Court Case Number 0Z-247 Plaintiff~ Cltifaandal Mortgage Co., Inc. f/k/a Ford CDC v$ D~fendant: Amedeo S. Cumano For: JOSEPH A. GOLDBECK, JR GOLDBECK, MCCAFFERTY & MCKEEVER Received by DEFAULT-LI]~ INVESTIOATIONS, INC. on 7/] 1/02 to be. served oa Amed¢o $.~.4,~033 South High Street, ~on)ney, WV 26757. I,, .~/-~e~ Jg, c,~,~/"t~ , being daly sworn, depoae and aay that on thc ~ day of o't,,/~t' ,2002, at ~: :t1~r /a~,m,, ~ne~axt servi~e by delivering a true copy of the NOTICE OF SALE in accoh:lance with ala~o statue~ ia the manner marked below: INDIVIDUAL SERVICE: SERVED THE WITHIN-NAMED PERSON. DROP SERVE; SEE COMMENTS BELOW SUBSTITUTE SERVICE: BY SERVING MAIL. ED: 00 NO ( ) YES; NAME OF 5qK)USE: MILITARY; (~fNO ( ) YES; BRANCH OF SERVICE: ( ) NON SEKVI/FOR, THIS REASON BELOW: ( ) OWN*ER OCCUPIED ( ) PROPERTY IS VACANT ( ) PEK ATTORNEY ( ) NOT MARRIED COMMENTS: Isr ATTEM]ry: ATTEMPT: ATTEMPT'. Hoasiag Type: Single ( ) Duplex ( ) MoblJe Home ( ) Triplex ( ) Other ~fy that T ~ve ne in:ere~ in ~e above a~o~ m oflega~ age ~ have proof se~,i~ wa$ made. Subscribed and sworn to before me eta the /~2 day of '~./.,~ , ~t~O~ by ~e affi~ who is penon~ly ~own to me. Notar} Public OFFICIAL SEN- NOTARY PUBLIC STATE OF WEST VIRGINIA CAROLYN F. BEAN t-lc 79, BOX 53 ROMNEY, WV 26757 Al'POINTeD iN ACCORDANCe. WITH 8TAT~ DEFAULT-LINK ~VE$TIGATION~ iNC. ~9 ~ SEMO~N BLVD, S~TE 2~ O~NDO, FL 3~32 M,~ttter No: ACD-0997 Stat, of PA, County AFFIDAVIT OF SER~rIC? of CUMBERLAND Cireuit Court Case Num-ber 02-247 Plaintiff: Citifinan¢ial Mortgage Co., Inc. f/kJa Ford CDC l~ffendant: .z~l~edeo $. Cumano For: JOSEPH A. GOLDBEC~ GOLDBEC~ MCC~RTY ~ ~C~EV~R Reeeivod by D~A~T-LIN~ IN~s~GATIONs, ~C. on 7/l ]/02 ~ S~eet, RO~, ~ 267~7 L ~ r_ ~ t ,t H~n E. K~er, 33 Sou~ ~¢e w~ ~e ~es m the m~ m~ ~low- g a ~ e~ oft~ NOTI~ (~) ~D[VIDU~ SERVICE: SERVED THE ~IN-NAMED PE~ON. ( ) DROP SERVE: SEE CO~8 ( ) S~S~T~E S~CE: MARRIED: (~ NO ( } YES; NAME OF SPOUSE: MILITARy: 00 NO ( ) YES; BRANCH O1: ~ERVICE: ( ) NON SERVE FOR TI-IlS REASON BELOW: ( ) OWNER OCCUPIED ( ) PROPERTY IS VACANT ( COMMENTS: ( )$i~¢e ( )Duplex ) PER AT'rOIl.NEy ( ) NOT MARitIEI3 Matter No: ACD-0997 ( ) Mobile l-lome ( ) Tr/plex () Other 1 ~ ~ I Mve no ~es: fl~ ~e ~c ~ion, ~ of leg~ ag, ~d hay, pm~r a~ty ~t~ w~ ~de. ~ub~d and ~wom ~ before me on ~e/~ day ~~' ~ ~' ~t who is ~onally No~ Public ~ -- 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 CITIFINANCIAL MORTGAGE CO. INC. F/K/A FORD CDC 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019-3931 Plaintiff vs. AMEDEO S. CUMANO HELEN E. KLINGER Mortgagors and Record Owners AMEDEO S. CUMANO Record Owners 14 Hellam Drive Mechanicsburg, PA 17055 Defendants IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 02-247 CIVIL TERM SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 .... CITIFIN~ANCIAL MORTGAGE CO. INC. F/K/A FORD CDC, Plaintiff in the above action, by its attorney, Joseph A. ~aolut~eck, Jr., l~squire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real propen'y located at: 14 Hellam Drive Mechanicsburg, PA 17055 1.Name and address of Owners or Reputed Owners: AMEDEO S. CUMANO 33 South High Street Rorrmey, WV 26757 HELEN E. KLINGER 33 South High Street Rorrmey, WV 26757 2. Name and address of Defendants in the judgment: AMEDEO S. CUMANO 33 South High Street Romney, WV 26757 HELEN E. KLINGER 33 South High Street Romney, WV 26757 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: HOLY SPIRIT HOSPITAL North 21 st Street Camp Hill, PA 17011 PA DEPARTMENT OF PUBLIC WELFARE Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 KIMCO DEVELOPMENT OF GIANTS INC. PO Box C-1044 Northern Blvd Roslyn, NY 11576 CREDIT BASED ASSET SERVICING & SECURITIZATION LLC 5373 West Alabama Suite 600 Houston, TX 77056 PENNSYLVANIA POWER & LIGHT CO. 1801 Brookwood Street Harrisburg, PA 17015 BUREAU OF COMPLIANCE Dept 280946 Harisburg, PA 17128 UPPER ALLEN TOWNSHIP 100 Gettysburg Pike Mechanicsburg, PA CHARLES R. FIELDS, DDS 2101 Aspen Drive Mechanicsburg, PA 4. Name and address of the last recorded holder of every mortgage of record: RITA H. BEUCHER 353 Coconut Palm Road Boca Raton, FL NORTHWEST CONSUMER DISCOUNT CO d/b/a PREIS CONSUMER DISCOUNT CO. 5340 Jonestown Road Harrisburg, PA 17112 BLAZER CONSUMER DISCOUNT CO. 7737 Frankford Avenue Philadelphia, PA 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. (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 13, 2002 O CK iV~CAFFERTY & McKEEVER ABgr~°eS;l~ohrAp-12i~lidffbeck, Jr., Esq. 7160 3901 9844 8592 2860 AMEDEO S. CUMANO 33 South High Street' Romney, WV 26757 SENDER: GOLDBECK MCCAFFERTY & MCKEEVER May 29, 2002 REFERENCE: KL1NGER, HELEN E. / ACD-0997 09/04/02 - Cumberland PS Form 3800, June 2000 RETURN Postage RECEIPT Certified Fee SERVICE J Return Rece Fee Restricted Delivery ~ Total Postage & Fees US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mail AFFIX POSTAGE TO MAIL PIECE TO COVER BIRST CLASS POSTAGE, CERTIFIED FEE, RETURN RECEIPT FEE AN[~ CHARGES FOR ANY SELECTED OPTIONAL SERVICES. 1. Detach the form 3811, Domestic return receipt by tear- ing left to right across perf. Attach to, mailpiece by peeling back the adhesive strips and affixing to front of mailpiece if space permits. Otherwise affix to back of mailpiece. 2. If you do not want the receipt postmarked, stick the article # label to the right of the return address, date receipt and retain the 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 maitcenter, or post office service window. (SEE ILLUSTRATION) 4. Enter fees for the services requested in the appropriate spaces on the front of this receipt. 5. Save this receipt and present it if you make an inquiry. ' "111 ...................................... 7160 3901 9844 8592 2877 TO: KLINGER, HELEN E. HELEN E. KLINGER 33 South High Street' Romney, WV 26757 SENDER: GOLDBECK MCCAFFERTY & MCKEEVER May 29, 2002 REFERENCE: KLINGER, HELEN E. / ACD-0997 09/04/02 - Cumberland PS Fo~ 3800~ June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees US Post.al Sewice Re,o. rapt for, Certmfied Maml No Insurance Coverage Provided Do Not Use for International Mail AFFIX POSTAGE TO MAIL PIECE TO COVER FIRST CLASS POSTAGE, CERTIFIED FEE, RETURN RECEIPT FEE AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. 1. Detach the form 3811, Domestic return receipt by tear- ing left to right across pe~. Attach to. mailpiece by peeling back the adhesive strips and affixing to front of mailpiece if space permits. Otherwise affix to back of mailpiece. 2. If you do not want the receipt postmarked, stick the adicle # label to the right of the return 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 appropriate spaces on the front of this receipt. 5. Save this receipt and present it if you make an inquiry. Citifinancial Mortgage Co., Inc. f/k/a Ford CDC VS Amedeo S. Cumano and Helen E. Klinger In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-247 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Joseph A. Goldbeck, Jr. Sheriff's Costs: Docketing 30.00 Surcharge 30.00 Law Library .50 Prothonotary 1.00 Mileage 8.28 Levy 15.00 Advertising 15.00 Posting Handbills 15.00 Share of Bills 25.20 Poundage 15.01 Postpone Sale 20.00 Law Journal 311.90 Patriot News 260.95 Certified Mail 17.75 $ 765.59 paid by attorney 12/11/02 Sworn and subscribed to before me This ,~q~ day of ~.~.~ Prothonotary So Answers: R. Thomas Kline, Sheriff Real Es~lte Deputy 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 printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 26, AUGUST 2, 9, 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 true. REAL E~TATE $L~I.~. NO. 41 W~t No. 2002-247 Civil CitifmamcialMortgage Co., Inc., f/k/a Ford CDC VS. Amedeo $. Cumano and Helen E. Klinger Atty.: Joseph Goldbeck, Jr. ALL THAT CERTAIN tract of land with the buildings and improve- ments thereon erected situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the southeastern line of Hollam Drive, 50 feet wide, which point is on the line dividing Lots 16 and 17, Sec- tion G, as the same are shown on the hereinafter mentioned plan of lots: thence East along said line of Hollam Drive, in a curve to the right SWORN TO AND SUBSCRIBED before me this 9 day of AUGUST, 2002_ BEING Lot No. 16. Section G, Plan 4, of KLmberly Meadows, said Plan being recorded in Plan Book 31, Page 123, Cumberland County Records. HAVING THEREON erected a single family dwelling knoWn and numbered as 14 Hellam Drive. Mechanicsburg, PA. BEING THE sAME PREMISES which Gary L. Stonemetz and Jolene L, Stonemetz. his wife conveyed unto Ben L. Breneman. a Real Es- tate Broker, by deed dated duly 28, 1988 and recorded August 5, 1988 in the Reeorder's Office in and for Cumberland County. PA in l~_ecord Book M, Volume 33, Page 799. UNDER AND sUBJECT to con- ditions, restrictions, and easements of prior record pertaining to said premises. TAX pARCEL #42-27-1888-161. THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct 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: S A L E #41 ESTATE 8ALE No. 41 Writ No. 2~2,.247 Cltlflmm~lM ~Co., Inc. COC ~ Amedeo ~. Cumano ,,nd · I.~len E~ KIInger Atly: ~Qoldbecl~ Jr. DESCI~ON ALL THAT CERTA~' tract of land with building and impro~:ma~ sitom in Upper AII~n Township, Cumberland County, Pennsytvania~.boanded and described as follows, to wit: BEOINNING at a goint i~ tl~ mutheaatem line of H¢llam ~ 50 f~t wi&, which point s on the li~ dividiag Lo~ 16 and 17, Section O, as the sa[~ am shown ~ I~ hetdnal~r n~nfioned plan of Iota; th~,ncu E~t along said line of Hellm Drive, in a carve to the right having a radius of 190 fret, ~z arc dtstar~ of 127.34 fe~t to a point ia th~ liae dividio~l Lo~ 1~ a~l 16, 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 n P tri t-N w 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 23rd and 30th day(s) of July and the 6th day(s) of August 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. COPY [Sworn to andN6~d before m~ tJ3J, s 14th day o~'~usy2'~2 A D J Terry L. Russell, Nota~/Public .V' / _ / ; / / ' ' / MyCommis.~on~ , _ .~[//~/' Member, PennsVlVan a Assooation Of N°tanes N OTA~:IY PURL{C 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 Probating same Notary Fee(s) Total $ 259.20 $ 1.75 $ 260.95 S~don G; thence South 21dcg~ues 37 minms Publisher's Receipt for Advertising Cost ~t · ~ ~w~ li~ E ~ 2, ~ ~O., publisher of The Patriot-News and The Sundav Patriot-News. newspapers of general ~ ~ ao~ ~ 1~ of ~ 2, ~ 3~ dge receipt of the aforesaid notice and publication costs and cedifies that the same have ~s 27 ~anm Wes; ~.91 ~ m a ~t th ~H~ 16~ 17 ~- ~d; ~ N~'~ ~ 23 ~ ~ ~ ~m ~ ~ HeUm ~, ~ pl~ By .................................................................... ~ ~O. B~ ~ No. 16, ~a~ G, R~ 4, of ~y M~, ~ ~ ~ng ~ ~ R~. ~O ~ ~ a ~iu~ f~y ~ ~ ~d a~ ~ 14 H~H~ B~O ~ S~ P~S~ wMch ~ L. ~ ~m ~ L. B~ a ~ ~a~ · PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Phila~.elphia, PA 19106 215-627,1322 Attorney for Plaintiff CI'IIFINANCIAL MORTGAGE CO. INC. F/K/A FORD CDC 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019-3931 Plaintiff VS. AMEDEO S. CUMANO HELEN E. KLINGER Mortgagor(s) and AMEDEO S. CUMANOReeord Owner(s) 14 Hellam Drive Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 02-247 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 05/01/1999 to 05/29/2002 at 12.7900% (Costs to be added) $128,257.39 , ( GOLDBE"( BY: Joseph] Attomey f~ & McKEEVER ~[ THAT CERTAIN tract of land with %nm bUilding~ and thereon erected ~itu~e in U~pmr A1len Township, C~m~rl.nd County, fe~t tO a point In th~ l~ne dividing ~t~ ~ and ~6, Section ~I feet to a p~int in ~h~ nor~llw~b~rn lin~ of Lot 2, Section ~, along ~aid lin- of ~ ~, South 3~ dmgrmmm 27 m{~ute~ Wms~, 40.9~ BBING ~t No. 16, Section ~, ~%an 4, of' Klmb~ly Metd~S~ Plan ~ing recorded in Plan Bogk 31, Page 123, cumberland County HAVZNG THEREON ergo%ad a single family dw~lllng known and Stonem~tz, hi~ wi£~ c0~v~ad Unto B=ok~, by de~d dated July 28, 1~8 and recorded AUgUS= 5, 1~8s in the Recorder's Office in and for ~umbmrland C~unty, PA in Book M~ Volum~ 3~, Page UNDER ~ND SUBJECT ~0 oondi~ion~, restrictions, and easements of prior record pe~t&ining to said premi~e~. . TAX PARCEL #42-27-1888-161 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-247 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIFINANCIAL MORTGAGE CO. INC. F/K/A FORD CDC Plaintiff (s) From AMEDEO S. CUMANO AND HELEN E. KLINGER MORTGAGOR(S) AND AMEDEO S. CUMANO RECORD OWNER(S), 14 HELLAM DRIVE, MECHANICSBURG, PA 17055 (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 $128,257.39 L.L. Interest FROM 5/1/1999 TO 5/29/2002 AT 12.7900% Atty's Comm % Due Prothy Atty Paid $912.37 Other Costs Plaintiff Paid Date: MARCH 10, 2003 (Seal) Prothonotary A Deputy $1.00 CURTIS R. LONG 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 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 CI'IIFINANCIAL MORTGAGE CO. INC. F/K/A FORD CDC 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019-3931 VS. Plaintiff AMEDEO S. CUMANO HELEN E. KLINGER (Mortgagor(s) and AMEDEO S. CUMANORecord Owner(s)) 14 Hellam Drive Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 02-247 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 CITIFINANCIAL MORTGAGE CO. INC. F/K/A FORD CDC, 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: 14 Hellam Drive Mechanicsburg, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s): AMEDEO S. CUMANO 33 South High Street Ronmey, WV 26757 HELEN E. KLINGER 33 South High Street Romney, WV 26757 2. Name and address of Defendant(s) in the judgment: AMEDEO S. CUMANO 33 South High Street Romney, WV 26757 HELEN E. KLINGER 33 South High Street Romney, WV 26757 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: CREDIT BASED ASSET SERVICING & SECURITIZATION LLC 5373 West Alabama Suite 600 Houston, TX 77056 UPPER ALLEN TOWNSHIP 100 Gettysburg Pike Mechanicsburg, PA KIMCO DEVELOPMENT OF GIANTS INC. PO Box C-1044 Northern Blvd Roslyn, NY 11576 PENNSYLVANIA POWER & LIGHT CO. 1801 Brookwood Street Harrisburg, PA 17015 CHARLES R. FIELDS, DDS 2101 Aspen Drive Mechanicsburg, PA BUREAU OF COMPLIANCE Dept 280946 Harisburg, PA 17128 HOLY SPIRIT HOSPITAL North 21 st Street Camp Hill, PA 17011 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: RITA H. BEUCHER 353 Coconut Palm Road Boca Raton, FL BLAZER CONSUMER DISCOUNT CO. 7737 Frankford Avenue Philadelphia, PA NORTHWEST CONSUMER DISCOUNT CO d/b/a PREIS CONSUMER DISCOUNT CO. 5340 Jonestown Road Harrisburg, PA 17112 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. (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. GOLDBECK M~ BY: Joseph A. Gc Attorney for Plai~ DATED: March 5, 2003 VlcKEEVER Jospeh A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CITIFINANCIAL MORTGAGE CO. INC. F/K/A FORD CDC 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019-3931 Plaintiff VS. AMEDEO S. CUMANO HELEN E. KLINGER Mortgagor(s) and AMEDEO S. CUMANORecord Owner(s) 14 Hellam Drive Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 02-247 CIVIL TERM CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. Josep~f 02-247 CIVIL TERM 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 CITIFINANCIAL MORTGAGE CO. INC. F/K/A FORD CDC 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019-3931 Plaintiff VS. AMEDEO S. CUMANO HELEN E. KLINGER Mortgagor(s) and CUMANO, AMEDEO S.Record Owner(s) 14 Hellam Drive Mechanicsburg, PA 17055 Defendant(sl IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 02-247 CIVIL TERM THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SAI,E OF REAL PROPERTY TO: CUMANO, AMEDEO S. AMEDEO $. CUMANO 33 South High Street Ronmey, WV 26757 Your house at 14 Hellam Drive, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, June 11, 2003, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $128,257.39 obtained by CITIFINANCIAL MORTGAGE CO. INC. F/K/A FORD CDC against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT TI-HR SI-IERIFF*S SALE To prevent this Sheriffs Sale you must take immediate action: 02-247 CIVIL TERM 1. The sale will be cancelled if you pay to CITIFINANCIAL MORTGAGE CO. INC. F/K/A FORD CDC, the back payments, late charges, costs and reasonable attorney's fees due. To fred out how much you .must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 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 OT~R 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 fred out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To fred out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due 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 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 02-247 CIVIL TERM 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 CITIFINANCIAL MORTGAGE CO. INC. F/K/A FORD CDC 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019-3931 Plaintiff VS. AMEDEO S. CUMANO HELEN E. KLINGER Mortgagor(s) and CUMANO, AMEDEO S.Record Owner(s) 14 Hellam Drive Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Terli1 No. 02-247 CIVIL TERM THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: KLINGER, HELEN E. HELEN E. KLINGER 33 South High Street Romney, WV 26757 Your house at 14 Hellam Drive, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, June 11, 2003, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $128,257.39 obtained by CITIF1NANCIAL MORTGAGE CO. INC. F/K/A FORD CDC against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT TI-ll,q SI'IERIFF'S SAI,E To prevent this Sheriffs Sale you must take immediate action: 02-247 CIVIL TERM 1. The sale will be cancelled if you pay to CITIFINANCIAL MORTGAGE CO. INC. F/K/A FORD CDC, the back payments, late charges, costs and reasonable attorney's fees due. To fred out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 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). 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 71%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 disltibution of the money bid for your house will be flied by the Sheriff thirty (30) days from the date of the Sheriff's Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 CITIFINANCIAL MORTGAGE CO. INC. F/K/A FORD CDC 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019-3931 VS. Plaintiff AMEDEO S. CUMANO HELEN E. KLINGER Mortgagors and AMEDEO S. CUMANO Record Owners 14 Hellam Drive Mechanicsburg, PA 17055 Defendants IN THE; COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 02-247 CIVIL TERM 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 Sheriffs Office/competent adult .(copy of return attached). ( ) Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). ~(I Certified mail by Sheriffs Office. Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. /ectfully submitted, 5~ ~t~if/ose'ph A~ Goldbeck, J Al,j~/rney for Plaintiff 7160'3901 9844 3519 7270 TO: KLINGER, HELEN E. HELEN E. KLINGER 33 South High Street Rom_ney, WV 26757 . SENDER: GOLDBECK MCCAFFERTY & MCKEEVER March 5, 2003 REFERENCE: KLINGER, HELEN E. / ACD-0997 06/11/03 - Cumberland PS Form 3800 June 2000 RECEIPT US Postal Service Receipt for Certified Mail No Insurance Coverage provided Do Not Use for International Mail AFFIX POSTAGE TO MAIL PIECE TO COVER FIRS~ CLASS POSTAGE, CERTIFIED FEE, RETURN RECEIPT FEE AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. 1. Detach the form 3811, Domestic return receipt by tear- ~ng left to right across perf. Attach to mailpiece by peeling back the adhesive strips and affixing to front of mailpiece if space permits. Othen,yise affix to back of ma/lpiece. 2. If you do not want the re'ceipt postmarked, stick the art/cie # label to the right of the return address, date receipt and retain the receipt. 3. If you want this receipt postmarked, slip the 3800 receipt belween the return receipt, and the mai/piece, and slide the edge of the receipt to the gummed edge of adhesive. This 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 apprepdate spaces on the front of this receipt. 5. Save this receipt and present it if you make an inquiry. TO: cu~^~o, ^~[mo s. AMEDEO S. cuMANO 33 South High Stxeet Konmey, %WV 26757 GOLDBECK McCAFFEKTY & MCKEEYEK sENDER: March 5,200~ REFERENCE: ~a~mGg~, aELEN ~- / ACD-0997 06/11/03 - Cumbcr'~nd ~:~cE%PT I Certified lee _ US Postal Service .' >' --~eiot for Certified ~afl urance Goversge provided ~o~ us~ ~o~ in~m~ional ~aa ................................................. AFFIX POSTAGE TO MAIL PIECE TO COVER FIRS~ CLASs POSTAGE, CERTIFIED FEE, RETURN RECEIPT FEE AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. 1. Detach the form 38'/I, Domestic return receipt by tear- ing left to right across perf. Attach to mailpiece by peeling back the adhesive strips and a~xing to front of mailpie~ space permits. Otherwise a~x to back of mailpiece,if 2. If you do not wa'hr the receipt postmarked stick the article Ii label to the right of the return ' and retain the receipt, address, date 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 hold the receipt in place to re . will °~ceservJcewindow.(sEEPlL~tTt~.AY~U~)N~allcenter, orpost 4. Enter fees for the services requested in the appropriate spaces on the front of this receipt. 5. Save this receipt and present it if you make an inquiry. Citifinancial Mortgage Co. Inc. f/k/a Ford CDC VS Amedeo S. Cumano and Helen E. Klinger In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-247 Civil Term R. Thomas Kline, Sheriff, who being duly swom according to law, states he served the above Real Estate Writ, Notice and Description irt the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Amedeo S. Cumano, by certified mail, return receipt requested, restricted delivery, deliver to addressee only, to his last known address of 33 South High Street, Romney, WV 26757. This letter was mailed under the date of March 13, 2003. The return receipt card was signed by the defendant, Amedeo S. Cumano on March 18, 2003, and delivered to the Cumberland County Sheriff's Office on March 24, 2003. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice 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: Helen E. Klinger, by certified mail, return receipt requested, restricted delivery, deliver to addressee only, to her last known address of 33 South High Street, Romney, WV 26757. This letter was mailed under the date of March 13, 2003. The return receipt card was signed by the defendant, Helen Klinger on March 15, 2003, and delivered to the Cumberland County Sheriffs Office on Mm:ch 17, 2003. Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2003 at 10:46 o'clock A.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Amedeo S. Cumano and Helen E. Klinger located at 14 Hellam Drive, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Amedeo S. Cumano, by regular mail to his last known address of 33 South High Street, Romney, WV 26757. This letter was mailed under the date of April 04, 2003 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the: action to one of the within named defendants, to wit: Helen E. Klinger, by regular mail1 to her last known address of 33 South High Street, Romney, WV 26757. This letter was mailed under the date of April 04, 2003 and never retumed to the Sheriff's Office. Sworn and Subscribed to Before Me This 2003, A.D. Day of Prothonotary So Answers: R. Thomas Kline, Sheriff 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 CITIFINANCIAL MORTGAGE CO. INC. F/K/A FORD CDC 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019-3931 Plaintiff VS. AMEDEO S. CUMANO HELEN E. KLINGER Mortgagors and AMEDEO S. CUMANO Record Owners 14 Hellam Drive Mechanicsburg, PA 17055 Defendants IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 02-247 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 CITIFINANCIAL MORTGAGE CO. INC. F/K/A FORD CDC, 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: 14 Hellam Drive Mechanicsburg, PA 17055 1.Name and address of Owners or Reputed Owners: AMEDEO S. CUMANO 33 South High Street Ronmey, WV 26757 HELEN E. KLINGER 33 South High Street Romney, WV 26757 2. Name and address of Defendants in the judgment: AMEDEO S. CUMANO 33 South High Street Romney, WV 26757 HELEN E. KLINGER 33 South High Street Rom_ney, WV 26757 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: CREDIT BASED ASSET SERVICING & SECURITIZATION LLC 5373 West Alabama Suite 600 Houston, TX 77056 UPPER ALLEN TOWNSHIP 100 Gettysburg Pike Mechanicsburg, PA KIMCO DEVELOPMENT OF GIANTS INC. PO Box C-1044 Northern Blvd Roslyn, NY 11576 PENNSYLVANIA POWER & LIGHT CO. 1801 Brookwood Street Harrisburg, PA 17015 CHARLES R. FIELDS, DDS 2101 Aspen Drive Mechanicsburg, PA BUREAU OF COMPLIANCE Dept 280946 Harisburg, PA 17128 HOLY SPIRIT HOSPITAL North 21st Street Camp Hill, PA 17011 PA DEPARTMENT OF PUBLIC WELFARE Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COLINTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: RITA H. BEUCHER 353 Coconut Palm Road Boca Raton, FL BLAZER CONSUMER DISCOUNT CO. 7737 Frankford Avenue Philadelphia, PA NORTHWEST CONSUMER DISCOUNT CO d/b/a PREIS CONSUMER DISCOUNT CO. 5340 Jonestown Road Harrisburg, PA 17112 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. (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are tree and correct to tbte best of my personal knowledge or information and belief. I understand that false statements herein are made subject Io the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: May 13, 2003 GOL, DBE4CK I~cCAFI~ERTY & McKEEVER B~/(. Joseph A. Goldbeck, Jr., Esq. A4torney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ SS: I, Robert P. Zieeler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Citifinancial Mtg Co is the grantee the same having been sold to said grantee on the I lth day of June A.D., 2003, under and by virtue ora writ Execution issued on the 10th day of March, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 247, at the suit of Citifinancial Mt~ Co Inc against Amedeo S Cumano & Helen E Klin~er is duly recorded in Sheriff's Deed Book No. 258, Page 3523. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this /~" day of , A.D. 2003 ~ /~. ~4-! z~?~_ecorderofDeeds Citifinancial Mortgage Co. Inc. f/k/a Ford CDC VS Amedeo S. Cumano and Helen E. Klinger In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-247 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice 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: Amedeo S. Cumano, by certified mail, return receipt requested, restricted delivery, deliver to addressee only, to his last known address of 33 South High Street, Romney, WV 26757. This letter was mailed under the date of March 13, 2003. The return receipt card was signed by the defendant, Amedeo S. Cumano on March 18, 2003, and delivered to the Cumberland County Sheriff's Office on March 24, 2003. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice 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: Helen E. Klinger, by certified mail, return receipt requested, restricted delivery, deliver to addressee only, to her last known address of 33 South High Street, Romney, WV 26757. This letter was mailed under the date of March 13, 2003. The return receipt card was signed by the defendant, Helen Klinger on March 15, 2003, and delivered to the Cumberland County Sheriffs Office on March 17, 2003. Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2003 at 10:46 o'clock A.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Amedeo S. Cumano and Helen E. Klinger located at 14 Hellam Drive, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Amedeo S. Cumano, by regular mail to his last known address of 33 South High Street, Romney, WV 26757. This letter was mailed under the date of April 04, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Helen E. Klinger, by regular mail to her last known address of 33 South High Street, Romney, WV 26757. This letter was mailed under the date of April 04, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly swom 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 June 11, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Joseph Goldbeck for Citifinancial Mortgage Co. Inc. f/k/a Ford CDC. It being the highest bid and best price received for the same, Citifinancial Mortgage co. Inc. f/k/a Ford CDC of 1111 Northpoint Drive, Building 4, Suite 100, Coppell, TX 75019-3931, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $817.69. Sheriffs Costs: Docketing $30.00 Poundage 16.03 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library Prothonotary 1.00 Mileage 7.59 Certified Mail 15.84 Levy 15.00 Surcharge 30.00 Law Journal 297.95 Patriot News 244.54 Share of Bills 25.24 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 817.69 Sworn and subscribed to before me This 2~,cday of 2003, A.D. 'Prothonotary R. Thomas Kline, Sheriff Real Estate'-Deputy \.u,., ~ tiit,go 'Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. I 11 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CITIFINANCIAL MORTGAGE CO. INC. F/K/A FORD CDC 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019-3931 Plaintiff VS. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW AMEDEO S. CUMANO HELEN E. KLINGER (Mortgagor(s) and AMEDEO S. CLrMANORecord Owner(s)) 14 Hellam Drive Mcchanicsburg, PA 17055 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 ACTION OF MORTGAGE FORECLOSURE No. 02-247 CIVIL TERM CITIFINANCIAL MORTGAGE CO. INC. F/ledA FORD CDC, Plaintiff in the above action, by its aRomey, 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: 14 Hellam Drive Mechanicsburg, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s): AMEDEO S. CUMANO 33 South High Street Romney, WV 26757 HELEN E. KLINGER 33 South High Street Romney, WV 26757 2. Name and address of Defendant(s) in the judgment: AMEDEO S. CUMANO 33 South High Street Romney, WV 26757 HELEN E. KLINGER 33 South High Street Romney, WV 26757 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: CREDIT BASED ASSET SERVICING & SECURITIZATION LLC 5373 West Alabama Suite 600 Houston, TX 77056 UPPER ALLEN TOWNSHIP 100 Gettysburg Pike Mechanicsburg, PA KIMCO DEVELOPMENT OF GIANTS INC. PO Box C-1044 Northern Blvd Roslyn, NY 11576 PENNSYLVANIA POWER & LIGHT CO. 1801 Brookwood Street Harrisburg, PA 17015 CHARLES R. FIELDS, DDS 2101 Aspen Drive Mechanicsburg, PA BUREAU OF COMPLIANCE Dept 280946 Harisburg, PA 17128 HOLY SPIRIT HOSPITAL North 21st Street Camp Hill, PA 17011 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Suppo~ Enfomement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: RITA H. BEUCHER 353 Coconut Palm Road Boca Raton, FL BLAZER CONSUMER DISCOUNT CO. 7737 Frankford Avenue Philadelphia, PA NORTHWEST CONSUMER DISCOUNT CO d/b/a PREIS CONSUMER DISCOUNT CO. 5340 Jonestown Road Harrisburg, PA 17112 5. Name and address of every other person who has ally 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. (attach separate sheet if more space is needed) I verify that the statements made in this affida~,it 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: March 5, 2003 GOLDBECK ~ BY: Joseph A. Ge Attorney for Plak ~,~ VlcKEEVER 02-247 CIVIL TERM GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. At~omey I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CITIFINANCIAL MORTGAGE CO. INC. F/FdA FORD CDC 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019-3931 Plaintiff VS. AMEDEO S. CUMANO HELEN E. KLINGER Mortgagor(s) and CUMANO, AMEDEO S.Record Owner(s) 14 Hellam Drive Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 02-247 CIVIL TERM Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. TIHS 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: CUMANO, AMEDEO S. AMEDEO S. CUMANO 33 South High SU:eet Roraney, WV 26757 Your house at 14 Hellam Drive, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, June 11, 2003, at 10:00 AM, in comnUssioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $128,257.39 obtained by CITIFINANCIAL MORTGAGE CO. INC. F/K/A FORD CDC against you. NOTICE OF OVgNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 02-247 CIVIL TERM 1. The sale will be cancelled ff you pay to CITIFINANCIAL MORTGAGE COz 1NC. F/K/A FORD CDC, the back payments, late charges, costs and reasonable attorney's fees due. To fm~l out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 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 'I'HE 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 fred out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To fmd out if this has happened, you may call the Sheriff of 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 a right to remain in the property until the full amount due is paid to the Sherffi' and the Sberiff 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 Sberiff thirty (30) days t~om the date of the Sheriff's Sale. This schedule will state who wffi 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 (I 0) days al%r 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 TI-IlS 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 F1ND 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 02-247 CIVIL TERM 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 C1TIFINANCIAL MORTGAGE CO. INC. F/FdA FORD CDC 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019-393 ! Plaintiff VS. AMEDEO S. CUMANO HELEN E. KLINGER Mortgagor(s) and CUMANO, AMEDEO S.Record Owner(s) 14 Hellam Drive Mechanicsburg, PA 17055 IN TI-IE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 02-247 CIVIL TERM Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. TH~S NOTICE IS SENT TO YOU IN AN A'ITEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: KLINGER, HELEN E. HELEN E. KLINGER 33 South High Street Romney, WV 26757 Your house at 14 Hellam Drive, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, June 11, 2003, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $128,257.39 obtained by CI'IH~INANCIAL MORTGAGE CO. INC F/K/A FORD CDC 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: 02-247 CML TERM 1. The sale will be cancelled if you pay to CITIFINANCIAL MORTGAGE CO~,INC2 F/K/A FORD CDC, the back payments, late charges, costs and reasonable attorney's fees due. To fred out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 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, yom property will be sold to the highest bidder. You may fred out the price bid price by calling the Sheriffof 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 find out if this has happened, you may call the Sheriff of 717-240-6390. 4. ff 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 t/me, 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 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 dislribution is wrong) are filed with the Sheriffwithin ten (10) days after the schedule of disUibution 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. 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. LEGAL SERVICES 1NC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Pannsylvagia, bounded and ~esaribad ah follows, ~n wit~ fee~ to a point ~n ~he northwestern line of ~.2, Section e; thence ~RING Lot Nc. 16, Ssation ~, ~lan 4, Of' Kl~berly Maedo~se said ~lan being reoordmd in Plan Boqk 31, ~e~e 133, cumberland County Records. HAVING THEREON er~o%ad a elngle family dwnlllng known and numbered as 14 Hellam Drlv., MeaheniosbUrg, Pa. Broker, by de~d da~ed July US, 1~8 and recorded AUgUS= $~ l~sa in the Recorder's office in and for Cumberland C6unty, PA in Record Book H~ Volum~ Sb, Page 799. record per,aiming ~o said premises. TAX PARCEL #42-27-1888-161 . - WRIT OF EXECUTION. and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-247 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIFINANCIAL MORTGAGE CO. INC. F/K/A FORD CDC Plaintiff (s) From AMEDEO S. CUMANO AND HELEN E. KLINGER MORTGAGOR(S) AND AMEDEO S. CUMANO RECORD OWNER(S), 14 HELLAM DRIVE, MECHANICSBURG, PA 17055 (1) You are directed to Ievy 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 garmshee, you are directed to notify him/her that he/she has been added as a garmshee and is enjoined as above stated. Amount Due $128,257.39 L.L. Interest FROM 5/1/1999 TO 5/29/2002 AT 12.7900% Atty's Comm % Due Prothy $1.00 Atty Paid $912.37 Other Costs Plaintiff Paid Date: MARCH 10, 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 CURTIS R. LONG Prothonotary__ Deputy Real Estate Sale # 47 On March 13, 2003 the sherifflevied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA known and numbered as 14 Hellam Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 13, 2003 Real Es~te Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss JOSEPH A. DENNISON being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of April and the 6th day(s) of May 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. c PUBLICATION COPY Sworn to and subs~'ril:Jed ~)efore ~-th~ 14th day of~l~y 2pO'3"~.D. S A L E #47 Notaria'~t'eaJ J/,- ]//~ .~// / J//~ .., Ten~ L. Russell, Notary P ubl~'~/~/J~__~'~f~'~_____~.~__~-~ CityOfHardsburg, DauphinCou.t~c~-r'" / ' ( MyCommissionExpiresJune6,2006 I NC/rARY PUBLIC Member, PennsylvaniaAssoda~onOfNotariMy 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 Probating same Notary Fee(s) Total $ 242.79 $ 1.75 $ 244.54 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 25, MAY 2, 9, 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 tree. isa Marie Coyn¢or SVv~RN TO AND SUBSCRIBED before me this 9 day of MAY, 2003 REAL ESTATE SALE NO. 47 Writ No. 2002-247 Civil Citiflnanc~al Mortgage Co, Inc.. f/k/a Ford CDC VS. Amedee S. Cura~0 and Helen E. K~er Atty.: Joseph A. Gdidbeck ALL THAT CERTAIN tract of land with the buildings and improve- ments thereon erected situate in Upper Allen Towr~hlp, Cumberland County. Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the southeastern line of Hellas Drive, 50 feet wide, which point is on the line dividing Lots 16 and 17, Section G. as the sa_me are shown on the hereinafter mentioned plan of lots: thence East along said line of Hel- las Drive. in a curve to the fight keying a radins of 190 feet, an arc d/stance of 127,34 feet to a point in the line dividing Lots 15 and 16, Section G; thence South 21 degrees 37 minutes East. along said divid- ing line, 132,82 feet to a point in the northwestern line of I~t 2. see- tion G; thence along said line of Lot 2. South 35 degrees 27 minutes West, 40,91 feet to a point in the line dividing Lots 16 and 17 said: thence North 55 degrees 23 minutes West. along the last said dividing line, 152,70 feet to a point in the southeastern line of He]lam Drive. the place of BEGINNING. BEING Lot No. 16. Section G, Plan 4, of Klmberly Meadows, said Plan being recorded in Plan l~x)k 31, Page 123. Cumberland County Records, HAVING THEREON erected a single family dwelling known and numbered as 14 Hellas Drive. Me- chanicsburg. Pa. BEING THE SAME PREMISES which Gary L. Stoneme~z and Jalene L. Stonemetz. his wife conwyed unto Ben L. Brenemwa, a Real Estate Broker. by deed dated July 28. 1988 and recorded August 5, 1988 in the Recorder'a Office in and for Cumberland County. PA in Record Book M. Volume 33. t~age 799. UNDER AND SUI~ECT to con- di~ons, restrictions, arid easements of prior ~-eeord pertaining to said premises. TAX PARCEL #42-27-1888-161. GOLDBECK HcCAFFERTY & HcKEEVER BY: Joseph A. Goldbeck, Ir. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff Ct ~ 1FINANCIAL MORTGAGE CO. INC. F/K/A FORD CDC 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019-3931 vs. Plaintiff AMEDEO S. CUMANO HELEN E. KLINGER (Mortgagor(s) and AMEDEO S. CUMANO Record owner(s)) 14 Hellam Ddve Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS of Cumberland County No. 02-247 C/VlL TERM PBAECIPE TO SATISFX JUDGMENT TO THE PROTHONOTARY: Kindly Satisfy the Judgment in the above captioned matter upon payment of your costs only. JOSEPH A. GOLDBECK, JR., ESQUIRE