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HomeMy WebLinkAbout05-0391 , . i'! II I I THOMAS I. PULEO, LLC By: Thomas 1. Puleo, Esquire Identification No. 27615 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ABN AMRO MORTGAGE GROUP, INC. 7159 Corklan Drive Jacksonville, Florida 32258 v. DANIEL P. BERGAMINO 146 North Main Street Old Forge, PA 18518 : No. ()!; - 39f ~~u~tT~ CIVIL ACTION - MORTGAGE FORECLOSURE COMPLAINT NOTICE You have been sued in court. lfyou wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE IF YOU DO NOT HA VE A LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AfFORD TO HIRE A LAWYER. THIS OFFICE MAYBE ABLE TO PROVIDE YOU Wr.-H INfORMATION ABOUT AGENCIES THAT MAY OffER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 (800) 990-9108 A VISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de [as demandas que se presentan mas adelante en las siguientes pagmas, dcbe tomar accion dentro de los proximos veinte (20) dias despues de la notiticaci6n de esta Demanda y Aviso radicando personalmente 0 por media de un a.bogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero rec1amada en 1a demanda 0 cualquier otra reclamaci6n 0 remedio solicitado por el demandante puede seT dictado en contra suya por la Corte sin mas aviso adicionaL Usted puede perder dinero 0 propiedad U otros derechos importantes para usted. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO rNMEDIATAMENTE. SI USTED NO T1ENE UN ABOGADO. LLAME 0 V A Y A A LA SIGUIENTE OFICINA. EST A OFICINA PUEDE PROVEERLE INfORMACION A CERCA DE COMO CONSEGUIR UN ABOGAOO SI USTED NO PUEDE PAGAR paR LOS SERVICIOS DE UN ABOGADO. ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OfREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJa COSTa A PERSONAS QUE CUAL/FrCAN Cumberland County Bar Association 2 Liberty Avenue Carlisle. PA 17013 (717) 249-3166 (800) 990-9108 CIVIL ACTION. MORTGAGE FORECLOSURE COMPLAINT 1. Plaintiff, ABN AMRO MORTGAGE GROUP, INC., is a corporation organized and existing under laws of the State of Delaware with offices at 7159 Corklan Drive, Jacksonville, Florida. 2. Defendant, DANIEL P. BERGAMINO, is the mortgagor and real owner of premises 29 Trine Avenue, Borough of Mount Holly Springs, Cumberland County, Pennsylvania, hereinafter described, whose last known address is as stated above. 3. On the 6th day of September, 2002, the above named mortgagor made, executed and delivered a mortgage upon premises hereinafter described to ABN AMRO MORTGAGE GROUP, INC., the plaintiff herein, which mortgage is recorded in the Office ofthe Recorder of Deeds for Cumberland County in Mortgage Book 1772 page 957. 4. The premises subject to the said mortgage is described in Exhibit "A" attached hereto and made a part hereof. 5. The mortgage secures defendant's certain Note dated the same as the mortgage in the amount of$8l,357.00 payable in monthly installments with interest at the rate of6% per annum. A copy of the said Note is attached hereto, made a part hereof and marked Exhibit "B". 6. The said mortgage has not been assigned. 7. The mortgage is in default because the defendant has failed to make the payment of the monthly installment of principal and interest in accordance with the terms of the mortgage for June 1,2004, and each month thereafter, up to and including the present time. 8. The following amounts are due on the mortgage: -1- II I!. " Principal Interest at 6% per annum from 5/1/04 thru 12/31/04 ($13.08 per diem) Late charges accrued thru 12/31/04 ($26.49/month) Escrow deficit (taxes and insurance) ($ I 74.41/month) Attorney's fee (5%) Title information certificate $79,600.31 3,204.60 106.95 1,220.87 3,980.02 325.00 Total $88,437.75 9. The said mortgage is not a residential mortgage as defined by Pennsylvania Act NO.6 of 1974, and hence, no notice of intention to foreclose is required by the said Act. 10. The aforesaid mortgage is insured under Title II ofthe National Housing Act, and therefore, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. WHEREFORE, plaintiff demands judgment in the sum of $88,437.75 plus interest, late charges, escrow advances and costs to the date of judgment and foreclosure of the said mortgage. ~d THOMAS I:1>ULEO Attorney for Plaintiff -2- DESCRIPTION ALL THAT CERTAIN tract of land with the building and improvements thereon erected situate in the Borough of Mt. Holly Springs, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Plan of Lots for Grove and Grove, Inc., dated November 17, 1971, revised November 18, 1971 and recorded in the hereinafter mentioned Recorder's Office in Plan Book 23, Page 65, as follows: BEGINNING at a point on the Westerly line of 50-foot wide Trine Avenue at the Northeast corner of Lot No. 14 on the herein mentioned Plan of Lots; thence by said Lot No. 14, through the center of a party wall, North 89 degrees 45 minutes West a distance of 124.69 feet to a point on line of lands now or formerly of Robert Beeler; thence by said lands of Robert Beeler and lands now or formerly of Dr. Sendi, North 0 degrees 33 minutes 20 seconds East 32.75 feet to a point being the Southwest corner of Lot No. 16 on the herein mentioned Plan of Lots; thence by said Lot No. 16, South 89 degrees 45 minutes East 124.52 feet to a point on the Westerly line of the said Trine A venue; thence by the Westerly line of the said Trine Avenue, South 0 degrees 15 minutes West 32.75 feet to a point, the place of beginning. BEING Lot No. 15 on the above mentioned Plan of Lots and having thereon erected a townhouse known as and numbered 29 Trine Avenue, Mt. Holly Springs, Pennsylvania 17065. Tax Parcel #23-32-2336-374 EXHIBIT A cniT\;:i~D TOBe A TRUE A::Cl 9c~~:-c,r COpy CF in::. C,-,.-, .AL LOAN .: 626329286 NOTE [~~A~'~';~5797 -703 Muhistllle SEP~EMBlll [Date] 6, 2002 29 TRINE YORK, ~ [City] AVENJE ~t, MOUN~ HOLLY SPRINGS, [Property Address] PENNSYLVANIA [State] PA 17065 1. PARTltS "60rro\\~r" mc.111S each person signing at LllC cud oflhis Nolc, and the person's successors and assigns. "Lender" means ABN AMR~ MOR~GAGE GROUP, INC., A DELAWARE CORPORATION and its Sl1CCCSs.ors and assigns. 2. BORROWER'S PROMiSE TO VA Vi INTl-:REST In retuwfor a loan reeeh'ed from Lender. Borrower promises to pil~' the principal Slim of ** *** ****EIGHTY ONE THOUSANn THREE HUNDRED FIFTY SEVEN AND NO/IOO***************************. Dollars (U,S $81,357.00). plus inlecesl. lo the ordecofLelldec_ !nleres! will bccharged all ullpaid principal, from the d,lte of di~bmselllent Qfthe lQan proceeds by Lender. ~t the rate of SIX percent ( 6.000 % ) ]::K:r year Ill1lil the full amollnl of principal Ims beell paid. J. PROMISE TO PAY SECURED Borron-CI"S promise to WI} is secured by :ll1longagc. dced of lrust or similar security inslruJ1\cnllhal is daled the same date as ihls No\c ancl called the "Security }nS!nllllcnL" The Security Instnllllent protects the Lender from losses which might reslllt if Borrower dd<lullS ufldcr !his Note, 4. MANNER OF PA YMENT (I\) l'imc Borrower shall make a payment or principal and interest to Lender all the 1ST dl'ly of each month beginning on NOVEMBER 1, 2002. Any principal and inlerest remaining on the 1ST day of OCTOBER, 2032 will be due on Ill<ll dille. which is called tIle "Milturity Dnle." OJ) Phl(c PHymenl shall be made at 4242 N. HARLEM AVE. NORRIDGE, IL 60706 AT~N: CASHIERING or il{ such place as Lender may dcsign:ltc in \\riLing by llolicc to Borrower (C) Amount Each monthly pnymCllt of prindpalllnd lnlercst \\ ill be III the HIllOl/1l1 of U.S. $ 4 87 .78 . This amount will be pan ofa I:ugcr lllOlllhty pa~mCl'L required by HIe S.ccurily Insvumcn\. \lml 511<111 be applied lO priJlCipaL illlcrcst rind othcr itcms in the order described in the Security Instrument (D) Allon~e to this Note fOl' paymellt atJ,justmel1ts If all allonge providing for payment ;ldjuSlIllclltS is cseculcd by Borro\\-er together with this NOle, the covenants oflhe allonge shaJ1 be incorporated into and shall amend and SIlPI)lemCnl the covenants of this Note as if the allonge were a part of this No\c_ lCheck <lppJicablc bo~J I ; Gr<ldwl1ed Paylllelll Allonge I Growing Equity Allonge I _, Other rspeci~vl 5. BORROWER'S RIGHT TO PREPAY Borrowcr hilS the righllO pay the debl cvillclH;cll by this Note. iJl whole or in part, witlll.ml charge or pctml~), Oil Ihc first ullY of :'lily monllt. Leader shill! accept prepn.\'lue:ul on olher d<l~s proyided lh<ll borro\lcr pa,\'s interest on the: amount prepaid for the rem,llnder oflhe month to the extent required b.\" Lender and permitted by regulations of the Secretary, If Borrower makes a partial jJrcjlay\l\Cl\L lllcrc. will oc no ch,)1]ges lllll1e dlle dale or ill t11C iI1110Ull\ of Ihc monthly p,lyl1lelll unless Lender agrees in "'Titing to lho.sceh.lllge5 c., U-ORROWER'S FAILURE TO PA Y (A) Latc Chaq,!c ful' O'.c..duc Pa)'ments JrLellder lws lIot received the filii nlOlIlhly pa)'me1l1 required by Ole Secl1ri!~. lnslrUlllcul. as described ill PflCllgraph 4(C) oflhis Note. b)' the end of 1.5 Calclld:lr days after {he payment is due, Lender may eolle<:l alate charge inlhe aUlounl of FOUR percent ( 4.000\ ) of the oyerdue amount oreach payment. (D) Default If Borrower dcfmtlts by fi\iling lQ P3Y il\ rllll any monthly paymcrn. lhcll Lender lllay. e:>.:cept as limited by regulations of the Seerelary inlhe case ofpaYl11ent defaults. reguirc iOllnediille pa~'mclll in full of the principal balance remainillg due and all accrued illlcrest. Lender mas choose iloIlo c.\en;isc (his option \\ ilhQ~ll \",living ils rigl\\s in lhc c\'enl of nn)' subsequent default, Inman)' eirculllSL.l11CCS regulations isslled by {he Sccrc!ary willi imil Le:llcler s rights La require immediate payment in full in Lhe C<lSC orpaymelll 1111,\ '-\Ulll~tglt "I'lll"ll HQtt No'l' - lU19~ Pa~e 1 {l(2 )'S70{JNO"l (lOOt . EXHIBIT B I LOAN .: 626329286 dd<1u\ls. ThlsNolc docs Hol (I111hori/.c ncc;clcw!ioll wJIClIllOI pcrmiuco b.\' HUD regulations. As used inlhis Nole. "Secretary" me;ms Ihe Secretal) ~f HOllSillg and Urbnn Developmellt or his or her designee (Cl PaYlkcnt of Costs alld EXI.w.nscs IfLcndcrhas required illll1lcdialc paymCll[ ill full. as described nbo\"C. LCIl(]cr mil.\' rc.quirc Borrower to p<l)' costs nnd expellses including rC:Jollablc and customary allorncys' fees lor cnrOfclllg lhis NOle to lllccxlclIl lm\ prohibited by applicable law. Such fees alld costs Sllllll bC<lr interest frOlU the date of disourselllent at tIle S<lllle mle as the principal afmis Note. 7. WAIVE"S Borrowcl"lnd fill)' other person \rho has obligations under this Note wilive the rights of presentmenl and notice of dishonor. "Prcscntmcnf' tIIe.llls tile righl to l"cqllire lender 10 demand payment of amOllllls due "Notice or dishonor" menns the right 10 require Lender to give lIolice La olher persons that alllounts due hmc not beell paid. 8. GIVINGOF NOTICES Unless Hpplicable law requires 3 different method. <lily notice that must be gh'en to BOIfO\ver under this Note will be given by delivering it Grby mailing il by !irsl class llWi1 (0 Borrower at Ihe property address above or at ,I different :lddress irBorrowcr has gil'Cll Lendcrilllotice of Borrower's different address. Any l\cti<:ethat must begiven to Lenuenmde:r this Note will be gi,'en byfirst c1Dss mail toLenderat the address stated ill Paragraph '-(B) or at <l differenl address if Borrower is given a notice oflhal difTcrcnl mldress. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more tJ~m aile perSall signs this Note. each perSOll is fully :ll1d Dcrsonal1y obUg...'1led lo keep aU Qr t\le promises Inlldc in this Nole, including the promise 10 pay lllc fulJ nlllOunlowcd. Any person who is J gunT3nlOr. surctyorclldorscrofthisNolC isalso obligated \0 do these thillgS. Any persoll ,,,ho lakes oyer these obligations. including lhe obligations ofa h'uaranlOL surety or endorser of lhis NQ\e. is~\\som\ig"h;U \0 kcepni1 of II Ie prollliscs Illildc illtllis Note, Lcndermay enforce its rights under this Notengainst eaeh persoll individual I.... or agniust all signatories togetllcr. Anyone pcrson signing this Nolc may be required La pay all of the amounts owed IIlldcrttlis Noe. BY SIGNING BELOW. Borrower .1cCCpIS and 8grces to Ihe terms alld COYCllaltls col\latm~d in lhis No\c Q~C~ (SEAL) FHA Mll1thblt Fl.udRJoteNOte . 10m Page2of2 P8700NOT Verification JDaula Webb hereby states that slhe is Vice President of ABN AMRO Mortgage Group, Inc., the plaintiff, or servicing agent for plaintiff, this matter, that s/he is authorized to take this Verification, and that the statement made in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements made therein are subject to the penalties of 18 Pa. C.S.A. Sec. 4904 relating to unsworn falsification to authOri~ NarnetJ U~Lt0/~ Paula Webb Title: Vice President Date: January 16. 2005 ~'T'/"i" KEVIN SCHEElS ... ' . :\t-~::'Irh( ComO'. ;;)Cp. 1V10120G5 . . ....~._ ,i)} H'~;)',):J7773G ~;/ P"w"""'''''"'' [1,.",",,0. C) ~.~, C~:-j. C) -i<;). C' c.., -n ~ >l ,~. ~ '- :::-J .0'.- I 1 ...... h) ........ ...... ~ - ~ "t> C> 0) -{l _.. - . " ~ "0 ~ ~-~~ .. ~, U.: ~ ~ THOMAS I. PULEO, LLC Sy: Thomas I. Puleo, Esquire Identification No. 27615 Ii 660 Sentry Parkway, Suite 210 II Blue Sel!, P A 19422 II (610) 941-3600 II II II 1\ II II II II II II II II II \1 II II II II II II II II II II II II II II II II II II II II II II 1\ II II I Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ASN AMRO MORTGAGE GROUP, INC. v. : No. 05-0391 DANIEL P. BERGAMINO PRAEC1PE FOR JUDGMENT Enter judgment in favor of the Plaintiff and against the Defendant(s) for want of an answer and assess damages as follows: $79,600.31 4,185.60 186.42 1,744.10 3,980.02 325.00 Principal Interest from 5/1/04 to 3116/05 Late charges accrued thru 3/16/05 Escrow deficit (taxes and insurance) Attorney's fee (5%) Title information certificate Total $90,021.45 1 CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPEC1FlED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certifY that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this praeciP~py of the ns!Jce' attached. Pa.R.C.P. 237.1 ~.. ~1! . T MAS 1. PU{.;EO, ESQUIRE 'Attorney for Plaintiff II II II AND NOW m ~ / P , 2005, Judgment is entered in favor of plaintiff and against defendants and damages assessed as per the above certification. r (~d~/t2 ~ p bt 0~ rot ono ary -. THOMAS 1. PULEO, LLC By: Thomas 1. Puleo, Esquire Identification No. 27615 II II 660 Sentry Parkway, Suite 210 II Blue Bell, P A 19422 II (610) 941-3600 II II II II II II II II II II II II II , II II II II II II II II II II II II II II Ii 1\ II !I II Ii II II II II II II II II II II II II II II II II II II .. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ABN AMRO MORTGAGE GROUP, INe. v. : No. 05-0391 DANIEL P. BERGAMINO To: Mr. Daniel P. Bergarnino 146 North Main Street Old Forge, PA IS51S Date of Notice: February 2S, 2005 NOTICE OF INTENTION TO FILE PRAECIPE FOR ENTRY OF DEF AUL T JUDGMENT UNDER Pa.R.C.P .237.1 IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY AND OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MA Y BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty A venue Carlisle, P A 17013 (717) 249-3166 (SOO) 990-91 OS - . AVISO IMPORTANTE A: Mr. Daniel P. Bergamino 146 North Main Street Old Forge, PA 18518 " II II II II II FECHA DEL A VISO: II II II II II II II II II II 'I II II II II II II II II II II II II II II II II II II 'I II II II II II II II II II II II II II II II :1 II I II 'I I, II 'I Ii II " II USTED EST A EN REBELDIA PORQUE HA F ALLADO DE REGISTRAR COMP ARECENCIA ESCRlT A POR SI MISMO 0 A TRA YES DE UN ABOGADO Y SOMETER CON LA CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS QUE SE HAN PRESENTADO CONTRA USTED. A MENOS QUE USTED ACTUE DENTRO DE DIEZ DIAS DE HABER RECIBIDO ESTE A VISO, LA CORTE PUEDE TOMAR UNA DECISION EN CONTRA SUY A SIN TENER DERECHOS A UNA VISTA Y USTED PUEDE PERDER SU PROPlEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIA TEMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 V A Y A A LA SIGUIENTE OFICINA. EST A OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSlBLE QUE EST A OFICINA LE PUEDA PRO VEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALlFICAN. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 (800) 990-9108 c 0 "0- 7\:) ~ If- f1 ~f- () \J ' . '..1 (' - - -J -\ " (1\ ~ - if) ?=- -0 "?:l -0 G C,) --.:J b IU +-- ~ r- ~ ~ U\ ~ Co' THOMAS 1. PULEO, LLC By: Thomas 1. Puleo, Esquire Identification No. 27615 II 660 Sentry Parkway, Suite 210 II Blue Bel!, P A 19422 II (610) 941-3600 Ii II II II II II 1\ II Ii II II II II II II II II II II \1 II II il II II \1 II II II II 1\ II II il II II II II II Ii II II II I Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ABN AMRO MORTGAGE GROUP, INC. v. : No. 05-0391 DANIEL P. BERGAMINO AFFIDA VlT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF MONTGOMERY THOMAS 1. PULEO, being duly sworn according to law deposes and says that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended; That Daniel P. Bergamino is over 21 years of age, resides at 146 North Main Street, Old Forge, Pennsylvania, and is employed by/as unknown. SWORN TO AND SUBSCRIBED BEFORE ME THIS 28'h DAY OF February, 2005. ., NOTARY PUBLIC I LlSA!\ .' Whitpaln T\Jv': '. MyC,!-mrn.' --,cAl ,'hiary Public ..,o~s~ cfJ ~ ',"~ (;". ------ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP, INC., Plaintiff, COURT OF COMMON PLEAS v. NO. 05-0391 DANIEL P. BERGAMINO, Defendant(s). PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: AMOUNT DUE $90,021.45 INTEREST FROM 3/17/05 @ $14.80 per diem $ COSTS TO BE ADDED $ 173.94 March 15,2005 (C) to 1 k r ~ ~ ~ -- ~ ~ ~ _. --- r- ~ ~ C/) F-~ ...a 0 r .....0 -.....) l ~, + ~( V) ~ n r ~ -- -IQ. ~ ll...oV)~o-;;::' r-.. U)l.I)-O-, ..c."1C'c-,~66 -tcCc..c::C\:1 I \ I , , ' f:::\ -~ :: .... -: ::: ::: ~ FL- , :.:.~":.Vf- ,'-.' ,'r"\ III -,..~ c':' ,"- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-391 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ABN AMRO MORTRGAGE GROUP, INC., Plaintiff (s) From DANIEL P. BERGAMINO (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himiher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $90,021.45 Interest FROM 3/17/05@$14.80PERDIEM Atty's Corom % Atty Paid $176.44 Plaintiff Paid Date: MARCH 18, 2005 L. L. $.50 Due Prothy $.100 Other Costs CURTIS R. LONG (Seal) Prothonotary Cr1 ~ :?"O--LO ,t? /fOlA/r./~ Deputy REQUESTING PARTY: Name THOMAS I. PULEO, ESQillRE Address: 660 SENTRY PARKWAY, SUITE 210 BLUE BELL, PA 19422 Attorney for: PLAINTIFF Telephone: 610-941-3600 Supreme Court ID No. 27615 " ( :( THOMAS I. PULEO, LLC 660 Sentry Parkway, Suite 210 Blue Bell, P A 19422 (610) 941-3600 By: Thomas 1. Puleo, Esquire Identification No. 27615 Attorney for PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ABN AMRO MORTGAGE GROUP, INC., Plaintiff NO. 05-0391 v. DANIEL P. BERGAMINO, Defendant AFFlDA VIT UNDER PA. RCP RULE 3129 THOMAS 1. PULEO, attorney for Plaintiff in the above captioned mortgage foreclosure action, sets forth as of the date the praecipe for the Writ of Execution was filed, the following information concerning the real property located at 29 Trine Avenue, Mount Holly Springs, Cumberland County, Pennsylvania, was true and correct to the best of its knowledge, information and belief. I. Name and address of each Owner and/or Reputed Owner: Daniel P. Bergamino 146 North Main Street Old Forge, PA 18518 2. Name and address of each Defendant named in the judgment: Daniel P. Bergamino 146 North Main Street OldForge,PA 18518 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: None t . 4. Name and address of the last recorded holder of every mortgage ofrecord: ABN AMRO Mortgage Group, Inc., Plaintiff 7159 Corklan Drive Jacksonville, FL 32258 Beneficial Cons. Disc. Co. d/b/a Beneficial Mortg. Co. OfPA 419 Stoneheade Drive, Suite 2 Carlisle, P A 17013 Equity One, Inc. 1463-2 West Broad Street Quakertown, PA 18951 5. Name and address of every other person or entity which has any record lien on the property: None 6. Name and address of every other person or entity which has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, P A 17013 Commonwealth of P A Department of Public Welfare P. O. Box 2675 Harrisburg, PA 17105 Shannon Bergamino 29 Trine Avenue Mount Holly Springs, P A 17065 and 146 North Main Street Old Forge, PA 18518 7. Name and address of every other person of whom the Plaintiff has knowledge who may have an interest in the property which may be affected by the sale: None I verifY that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. It Date: March 15,2005 THOMAS 1. PULEO, ESQUIRE Attorney for Plaintiff (- , c' Ci\ ::.) -, /------ ~ .,. '\llo THOMAS L PULEO, LLC 660 Sentry Parkway, Suite 210 Blue Bel!, P A 19422 (610) 941-3600 By: Thomas 1. Puleo, Esquire Identification No. 27615 Attorney for PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ABN AMRO MORTGAGE GROUP, INC., Plaintiff v. NO. 05-0391 DANIEL P. BERGAMINO, Defendant NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Daniel P. Bergamino 146 North Main Street Old Forge, PA 18518 Your house at 29 Trine Avenue, City of Mount Holly Springs, Cumberland County, is scheduled to be sold by the Cumberland County Sheriff's Department to enforce the Court judgment of $90,021.45 obtained by Plaintiff ABN AMRO Mortgage Group, Inc. against you. The Sheriff's Sale will be conducted on Wednesday, September 7, 2005, at 10:00 A.M., Cumberland County Courthouse, 2nd Floor, Commissioner's Hearing Room, Carlisle, Pennsylvania. NOTICE OF OWNERS' RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. This sale will be canceled if you pay to ABN AMRO Mortgage Group, Inc. the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call (610) 941-3600. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the Judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. . . '..... .. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice 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 TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Cumberland County Sheriffs Department at (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 ofyoUf property. 3. The sale will go through only if the buyer pays the Sheriff the full amount bid in the sale. To find out ifthis has happened, you may call the Cumberland County Sheriffs Department at (717) 240-6390. 4. Ifthe amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale had never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Cumberland County Sheriff on or about thirty (30) days from the date of 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 distribution sheet is posted. 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 BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 ~ "- .. DESCRIPTION ALL THAT CERTAIN tract of land with the building and improvements thereon erected situate in the Borough of Mt. Holly Springs, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Plan of Lots for Grove and Grove, Inc., dated November 17, 1971, revised November 18, 1971 and recorded in the hereinafter mentioned Recorder's Office in Plan Book 23, Page 65, as follows: BEGINNING at a point on the Westerly line of 50-foot wide Trine Avenue at the Northeast corner of Lot No. 14 on the herein mentioned Plan of Lots; thence by said Lot No. 14, through the center of a party wall, North 89 degrees 45 minutes West a distance of 124.69 feet to a point on line of lands now or formerly of Robert Beeler; thence by said lands of Robert Beeler and lands now or formerly of Dr. Sendi, North 0 degrees 33 minutes 20 seconds East 32.75 feet to a point being the Southwest corner of Lot No. 16 on the herein mentioned Plan of Lots; thence by said Lot No. 16, South 89 degrees 45 minutes East 124.52 feet to a point on the Westerly line of the said Trine A venue; thence by the Westerly line of the said Trine Avenue, South 0 degrees 15 minutes West 32.75 feet to a point, the place of beginning. BEING Lot No. 15 on the above mentioned Plan of Lots and having thereon erected a townhouse known as and numbered 29 Trine Avenue, Mt. Holly Springs, Pennsylvania 17065. Tax Parcel #23-32-2336-374 SHE~c"F'S RETURN - OUT OF COUNTY CASE NO: 2005-00391 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS BERGAMINO DANIEL P R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent sea ch and and inquiry for the within named DEFENDANT , to wit: BERGAMINO DANIEL P but was unable to locate Him in his bailiwick. He therefo e deputized the sheriff of LACKAWANNA County, pennsylvan a, to serve the within COMPLAINT - MORT FORE On February 22nd, 2005 , this office was in receipt of he attached return from LACKAWANNA Sheriff's Costs: Docketing Out of County Surcharge Dep Lackawanna Co Notary 18.00 9.00 10.00 30.00 2.00 69.00 02/22/2005 THOMAS PULEO So answe~ .....-::---."--"') ..../~P R. Thomas Kline Sheriff of Cumberland / .> County Sworn and subscribed to before me this 'I day of n~1 .f@oS-A.D. 1'''-; ~t;Jfy - ~ SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-00391 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS BERGAMINO DANIEL P R. Thomas Kline ,Sheriff or Deputy Sheriff, who eing duly sworn according to law, says, that he made a diligent sea ch and inquiry for the within named DEFENDANT TENANT 1 ut was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , TENANT 29 TRINE AVENUE MT HOLLY SPRINGS, FA 17065 NOTE ON DOOR THAT UTILITIES ARE OFF AND PLACE IS WINTERIZED. DOOR IS PADLOCKED. Sheriff's Costs: Docketing Service Not Found Surcharge So answers: 6.00 4.44 5.00 10.00 .00 25.44 . ,,;-:;.. -:-., .. '.~ '-' ~. /"?/ ,.?> o' -_ . / .c. R. 'Thomas Kline Sheriff of Cumberland County THOMAS PULEO 02/22/2005 Sworn and subscribed to before me this f/ day of ~r1A/1. ;;(POj........ A.D. riU';' ~-r~ Prothono ary In ~" The Court of Common Pleas of Cumberland County, Pem sylvania ABN AMRO Mortgage Group Inc VS. Daniel P. Bergamino No. 05-391 civil ow, January 24. 2005 , I, SHERIFF Ot~EREANn COUNT T, PA, do reby deputize the Sheriff of Lackawanna County to execute this Writ, this putation being made at the request and risk ofthe Plaintiff. ~%:1''' ,~". ~.. - ,,~,-<-"/. ~; "'" ~~~,.:'lt?<::' /f',,'.J~~~....r' , Sheriff of Cum her land County, A Affidavit of Service w, ,20_, at 0' clock M. s rved the "thin on handing to copy of the original d made known to the contents the eaf. So answers, Sheriff of Co nty, PA COSTS om and subscribed before SERVICE $ this _ day of ,20_ MILEAGE AFFIDA VIT $ N he de No WI up at by a an Sw me SHERIFF'S RETURN - REGULAR . CASE NO: 2005-00040 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF LACKAWANNA ABN AMRO MORTGAGE GROUP, INC. VS BERGAMINO DANIEL P. GLENN CAPMAN , Deputy Sheriff of Lackawanna C unty County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT MORT. FORE. was served upon BERGAMNO DANIEL P. t e DEFENDANT , at 0012:50 Hour, on the 31st day of January 2005 at 146 NORTH MAIN STREET OLD FORGE, PA 18518 by handing to HIM PERSONALLY AT 200 NORTH WASHINGTON AVE. SCRANTON a true and attested copy of COMPLAINT MORT. FORE. together with and at the same time directing His attention to the contents t ereof. Sheriff's Costs: Docketing Service Affidavit Surcharge \)u ~t~? Sheriff So Answers: John Szymanski, Sheriff .00 .00 .00 .00 .00 .00 0010010000 Sworn and Subscribed to before me t l 83,' nr al Seal Brenda R. GOo,!'p1f;""Nc:ary PuQlic n~K.awanna Gounty.. D I es pro 19, 2005 . , otNotariel \C4ember, Pe s tv Notary THOMAS 1. PULEO, LLC 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 By: Thomas 1. Puleo, Esquire Identification No. 27615 Attorney for PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ABN AMRO MORTGAGE GROUP, INC., Plaintiff NO. 05-0391 v. DANIEL P. BERGAMINO, Defendant AFFIDAVIT OF SERVICE I, Joanne McDonnell, Paralegal to Thomas 1. Puleo, Esquire, attorney for plaintiff, being duly sworn according to law, deposes and says that he mailed by ordil}JYY mail a Notice of Sale pursuant to Pa.R.C.P 3129.2 upon the persons listed below on the~ ~ay of :rO/y ,2005 as evidenced by the U.S. Postal Service Certificate of Mailing (Form 3817), which is attached hereto as Exhibit "A": SEE ATTACHED SHEET ~e-[J~ e MeDonnell, Paralegal to as 1. Puleo SWORN TO AND SUBSCRIBED BEFORE ME THIS /5(-- DAY OF fhl 5/isl ~ 2005. ~ '17 'U",tzf;;J T Y PUBLIC NOTARIAL SEAL LUZ N FUENTES, Notary PublIC Wh,tpain Twp. Montgommy County My CommiSSion Expires }anJilfy 13, 2007 Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, P A 17013 Beneficial Cons. Disc. Co. d/b/a Beneficial Mortg. Co. OfPA 419 Stoneheade Drive, Suite 2 Carlisle, P A 17013 Shannon Bergarnino 29 Trine Avenue Mount Holly Springs, P A 17065 Cornmonwf:alth ofPA Department of Public Welfare P. O. Box 2675 Harrisburg, PA 17105 Equity One, Inc. 1463-2 West Broad Street Quakertowl1, PA 18951 Shannon B'~rgamino 146 North Main Street OldForge,PA 18518 For Accountable Mail j " r<} ~ ~ ~ ~ ~ ~ r 2.)lo~ en !iiil (J1 -I>- Co> '" ~ 0 <J) (Xl ..... 0' 01 -I>- Co> '" ~ 5- ." CD &,11:51 0 l!.z 3 :sf "c <>. .. W H .. :s CIl ~ <>. ~ il.- h .... ..a ~ ~!; -.. V ." ~~. ~ .~ vJ 1'-,. t~ ~ c .. '< t,"" f;: ~ .....0-. ~ "0:':: .. .,,<} :-c t:l6 enO h: ~ ~I t~ n ~~ t:l "''''''1 n ttl .. t:l "'1 c"Z J ~.~ 0 I~ .....nH l!.~ ~ ~ " ~ @ 0 00 ~ .g ~~ =, . - ........ n .." - r ~. " I:l:l ~- . 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( ...~ f Q" hiii g _c liS. ~~ 3 ~ 1,'" -" :: :~. .!n~H " -..- >1' ~II ~~- :;:;I~ . ' )( ~"'I~ ~ ~ 8 U~i:' g~ ~..~ o '~ . ;~~~~i I o"C.' ,.. [Atiil' liUU ,~ 'I~I ..~ s! ~it "g~C ,. 'i~;'!~a ( g -Ill .... "g ,... III fi~3H . If- , ,.~ ~~ [lp:: -"1 ~:l -Pi! al;t ~ c~; ~~i h~ ~- 3 -' ~..bll 1"1';' l.J '::.1 0-. \,J1 :~ I ;;;U!-I Ci:' ,-, ,~,' ." r-;, -"" -'~ U!;h CD- i 3 o l..~ .. ~ c::, J', I 1~~ll'H l.rl ...::' ....-0 ii3 3 . h~~~ ~ } '\ " " ......{ :!~ ,~ i11llll "'11 ~'1 ~:'J "n ,I I I~ , (") ~~ -ob~ r'l'1_ f~ ;::. ~1' ~~~ r.,C.. ~f~:; P' <::.~ ~ .,-'!.........". ,..,.:>,I.L,.'.:; -....., <.,;~.., ':,'''^. ": ..'I f'.,,, '. " . .. ..., <::> :5\ ~ r.."') - o ..", :Ji; <.:? o cro ~ ~~ 85; :i~"::!:l o~ ~Z hi art "-' .... :Q. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which ABN AMRA Mtg Group Inc is the grantee the same having been sold to said grantee on the 7th day of Sept A.D., 2005, under and by virtue ofa writ Execution issued on the 18th day of March, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 391, at the suit of ABN AMRO Mtg Group Inc against Daniel P Bergamino is duly recorded in Sheriffs Deed Book No. 271, Page 245. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ,2 ( Jrr ,A.D. ;2qo;- day of ~);/ Recorder of Deeds Ilecorder oI~, ~ QounIy, I ~ CommlosIori Expires the FlnII MorldilY ='::. ABN Amro Mortgage Group, Inc. VS Daniel P. Bergamino The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-391 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Daniel P. Bergamino, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Lackawanna County, Pennsylvania, to serve the within Real Estate Writ, Notice of Sale and Description, according to law. Lackawanna County Return: And Now, May 16,2005 at 2:00 o'clock PM, served the within Real Estate Writ, Notice of Sale and Description upon Daniel P. Bergamino, by making known unto him personally at 146 North Main Street, Old Forge, PA 18518. So answers: John 1. Szymanski, Sheriff of Lackawanna County, Pa. Kenneth Gassert, Deputy Sheriff, who being duly sworn according to law, states that on July 08, 2005 at 6:34 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Daniel P. Bergamino, located at 29 Trine Ave., Mt. Holly Springs, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Daniel P. Bergamino, by regular mail to his last known address of 146 North Main Street, Old Forge, P A 18518. This letter was mailed under the date of July 01,2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 07,2005 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Thomas Puleo for ABN AMRO Mortgage Group, Inc., its successors and assigns. It being the highest bid and best price received for the same, ABN AMRO Mortgage Group, Inc. of7159 Corklan Drive, Jacksonville, FL 32258 being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$886.27. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary $30.00 17.38 15.00 15.00 30.00 10.00 .50 1.00 Mileage Certified Mail Levy Surcharge Out of County Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $ 5.60 6.28 15.00 20.00 9.00 341.00 287.81 18.20 25.00 39.50 886.27 Sworn and subscribed to before me 2005, A.D. ?~~/-r.4! R. Thomas Kline, Sheriff BY.)~~~t~ Real Estate ergeant ~~ 30.(]"1! p'OCk.. S/LI.J...., e.... /f., '1 f..,J. 1 THOMAS 1. PULEO, LLC 660 Sentry Parkway, Suite 210 Blue Bell, P A 19422 (610) 941-3600 By: Thomas I. Puleo, Esquire Identification No. 27615 Attorney for PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ABN AMRO MORTGAGE GROUP, INC., Plaintiff NO. 05-0391 v. DANIEL P. BERGAMINO, Defendant AFFIDAVIT UNDER P A. RCP RULE 3129 THOMAS 1. PULEO, attorney for Plaintiff in the above captioned mortgage foreclosure action, sets forth as of the date the praecipe for the Writ of Execution was filed, the following information concerning the real property located at 29 Trine Avenue, Mount Holly Springs, Cumberland County, Pennsylvania, was true and correct to the best of its knowledge, information and belief. 1. Name and address of each Owner and/or Reputed Owner: Daniel P. Bergamino 146 North Main Street Old Forge, PA 18518 2. Name and address of each Defendant named in the judgment: Daniel P. Bergamino 146 North Main Street Old Forge, PA 18518 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: None 4. Name and address of the last recorded holder of every mortgage of record: ABN AMRO Mortgage Group, Inc., Plaintiff 7159 Corklan Drive Jacksonville, FL 32258 Beneficial Cons. Disc. Co. d/b/a Beneficial Mortg. Co. OfP A 419 Stoneheade Drive, Suite 2 Carlisle, PA 17013 Equity One, Inc. 1463-2 West Broad Street Quakertown, PA 18951 5. Name and address of every other person or entity which has any record lien on the property: None 6. Name and address of every other person or entity which has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PAl 70 13 Commonwealth ofPA Department of Public Welfare P. O. Box 2675 Harrisburg, PA 17105 Shannon Bergamino 29 Trine Avenue Mount Holly Springs, P A 17065 and 146 North Main Street Old Forge, PA 18518 7. Name and address of every other person of whom the Plaintiff has knowledge who may have an interest in the property which may be affected by the sale: None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. /; Date: March 15, 2005 tIf~ THOMAS 1. PULEO, ESQUIRE Attorney for Plaintiff THOMAS 1. PULEO, LLC 660 Sentry Parkway, Suite 210 Blue Bell, P A 19422 (610) 941-3600 By: Thomas I. Puleo, Esquire Identification No. 27615 Attorney for PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW ABN AMRO MORTGAGE GROUP, INC., Plaintiff v. NO. 05-0391 DANIEL P. BERGAMINO, Defendant NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Daniel P. Bergamino 146 North Main Street Old Forge, PA 18518 Your house at 29 Trine Avenue, City of Mount Holly Springs, Cumberland County, is scheduled to be sold by the Cumberland County Sheriffs Department to enforce the Court judgment of $90,021.45 obtained by Plaintiff ABN AMRO Mortgage Group, Inc. against you. The Sheriffs Sale will be conducted on Wednesday, September 7, 2005, at 10:00 A.M., Cumberland County Courthouse, 2nd Floor, Commissioner's Hearing Room, Carlisle, Pennsylvania. NOTICE OF OWNERS' RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. This sale will be canceled if you pay to ABN AMRO Mortgage Group, Inc. the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call (610) 941-3600. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the Judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice 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 TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Cumberland County Sheriffs Department at (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 bid in the sale. To find out if this has happened, you may call the Cumberland County Sheriffs Department at (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 had never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Cumberland County Sheriff on or about thirty (30) days from the date of 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 distribution sheet is posted. 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 LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 DESCRIPTION ALL THAT CERTAIN tract of land with the building and improvements thereon erected situate in the Borough of Mt. Holly Springs, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Plan of Lots for Grove and Grove, Inc., dated November 17, 1971, revised November 18, 1971 and recorded in the hereinafter mentioned Recorder's Office in Plan Book 23, Page 65, as follows: BEGINNING at a point on the Westerly line of 50-foot wide Trine Avenue at the Northeast corner of Lot No. 14 on the herein mentioned Plan of Lots; thence by said Lot No. 14, through the center of a party wall, North 89 degrees 45 minutes West a distance of 124.69 feet to a point on line of lands now or formerly of Robert Beeler; thence by said lands of Robert Beeler and lands now or formerly of Dr. Sendi, North 0 degrees 33 minutes 20 seconds East 32.75 feet to a point being the Southwest corner of Lot No. 16 on the herein mentioned Plan of Lots; thence by said Lot No. 16, South 89 degrees 45 minutes East 124.52 feet to a point on the Westerly line of the said Trine Avenue; thence by the Westerly line of the said Trine Avenue, South 0 degrees 15 minutes West 32.75 feet to a point, the place of beginning. BEING Lot No. 15 on the above mentioned Plan of Lots and having thereon erected a townhouse known as and numbered 29 Trine Avenue, Mt. Holly Springs, Pennsylvania 17065. Tax Parcel #23-32-2336-374 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) . COUNTY OF CUMBERLAND) NO 05-391 Civil CIVIL ACTlON - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ABN AMRO MORTRGAGE GROUP, INC., Plaintiff (s) From DANIEL P. BERGAMINO (I) 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 ofthe 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 gamishee(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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $90,021.45 Interest FROM 3/17/05@$14.80PERDIEM Atty's Corum % Atty Paid $176.44 Plaintiff Paid Date: MARCH 18, 2005 L. L. $.50 Due Prothy $.100 Other Costs CURTIS R. LONG (Seal) Prothonotary C-n; ~y: ~n..., 0 ,P. / Ca~~. ~.. Deputy REQUESTING PARTY: Name THOMAS I. PULEO, ESQUIRE Address: 660 SENTRY PARKWAY, SUITE 210 BLUE BELL, PA 19422 Attorney for: PLAINTIFF Telephone: 610-941-3600 Supreme Court ID No. 27615 Real Estate Sale #34 On May 09, 2005 the Sherifflevied upon the defendant's interest in the real property situated in Mt. Holly Springs Borough, Cumberland County, PA Known and numbered as 29 Trine Ave., Mt. Holly Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 09, 2005 By: '\JocLyJrvUlC, Real Estate Deputy ~ ~ ~ ~ 2:1 :2: d IE HVW ~OOl Vd 'A1NIIUJ Li;4V itU8vln:.J .:LlltJ3HS 3,11 :103:11:1.:10 REAL ESTATE SALE No. 34 WtlI'No. 21115 lII1 CIvIl Term ASH AIM> Mortgage GIoup, Inc. V.. _ P. ""_Ino Atly.:11IomIIa Puleo . DESCRIP110N AIL TIIM CI!llI4IN ..... of Ia11d willi IIle lWIiugallll~___ in lIIo Ilorougb ofM<. &I1y SpiDgs, CumbcdaIlll Coomy, ~ Oooadodalllldeocribod in ,...".,.,."wiIII..,.,..,l'IooofLol>furlJrov, aildo....,"'"__17,1!11I._ _18.1!111llldrecooledindJe ImiDaft<r _ R<<otder', om.:. in 1'1oo Book 23, PiIF 65, .. fuIlows: . BllOINNING,.. poillt CIl lbe W_ly line of 50 fool wide Trioe A..... at dJe _ C<IlIIef oILotNo.14C1lllloblRin_l'Iooof ""'1Ileoceby soidLotNo.14. tlnu8JldJe""'" of. JlI'l)' wall. N"'" 89 dogRea 45....... West ._ofl24.69IeetI1>.poilltClllineoflaudl _ or Iormedy of _ Beekr, 1Ileoce by soid laudIof_BcoleraildlaDds_orl'oouorly of Dr. -. NorII1 0 dogRea 33 ....... 2f) sfC01lI!s 1l8Sl1Z.7S fOOl to . point beiDg dJe __C<IlIIefof!AJI No. 16",lIIo berein ~l'IoooILols:1IleocebysaidLotNo. 16, SoudJ 89 dogRea 45 miDoll:sIl8Sl124.521eet toapointontbeWeste6ytfdeoftbesaidTriae A""""lbeai:ebylbe-,lineolsaidTrioe A......, SoudJ 0 dogRea IS ....... West 32.75 ''''to.poinl,dJeplo:oofllqinniDg. BBING Lot No. lS CIl dJeabove_1'Ioo ofLol>aildbaving__.,owuboose kDOM. IS _ mmibered 29 Thne Avenue, Mt Holly SpiDgs,.lI:mPyhania 171)65. 1U_*23-32.2336-374. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant 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 19th and 26th day(s) of July and the 2nd day(s) of August 2005. 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 S ALE #34 Sworn to and s NOT PUBLIC My connnission expires June 6, 2006 PUBLICATION CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 287.81 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND 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, V1Z: July 15, 22, 29, 2005 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. SWORN TO AND SUBSCRIBED before me this 29 day of Julv.2005 N L SEAL LOIS E. SNYDER, Notary Public C ar~sle Boro, Cumberland County My Commission Expires March 5. 2009 REAL ESTATE SALE NO. 34 Writ No. 2005-391 Civil ABN AMRO Mortgage Group, Inc. VS. Daniel P. Bergamino Atty.: Thomas Puleo DESCRIPTION ALL THAT CERTAIN tract of land with the building and improvements thereon erected situate in the Bor- ough of Mi. Holly Springs, Cumber- land County. Pennsylvania, bound- ed and described in accordance with a certain Plan of Lots for Grove and Grove. Inc., dated November 17, 1971, revised November 18, 1971 and recorded in the hereinaf- ter mentioned Recorder's Office in Plan Book 23. Page 65. as follows: BEGINNING at a point on the Westerly line of 50-foot wide Trine Avenue at the Northeast comer of Lot No. 14 on the herein mentioned Plan of Lots; thence by said Lot No. 14, through the center of a party wall, North 89 degrees 45 minutes West a distance of 124.69 feet to a point on line of lands now or for- merly of Robert Beeler; thence by said lands of Robert Beeler and lands now or formerly of Dr. Sendi, North 0 degrees 33 minutes 20 sec- onds East 32.75 feet to a point be- ing tl1e Soutl1west comer of Lot No. 16 on the herein mentioned Plan of Lots; thence by said Lot No. 16, South 89 degrees 45 minutes East 124.52 feet to a point on tl1e West- erly line of tl1e said Trine Avenue; thence by the Westerly line of the said Trlne Avenue, Soutl1 0 degrees 15 minutes West 32.75 feet to a point, the place of beginning. BEING Lot No. 15 on the above mentioned Plan of Lots and having thereon erected a townhouse known as and numbered 29 Trlne Avenue, Mt. Holly Springs, Penn- sylvania 17065. Tax Parcel #23-32-2336-374.