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HomeMy WebLinkAbout02-1811FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CITIMORTGAGE, INC. DB/A CITICORP MORTGAGE,INC. 15851 CLAYTON ROAD MAILSTATION 314 BALLWIN, MO 63011 V. Plaintiff TERM ARTHUR A. PALESE, JR. BETH A. PALESE 907 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 Defendant(s) NO. V 0 C CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 626071253 JRK IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is CITIMORTGAGE, INC. DB/A CITICORP MORTGAGE,INC. 15851 CLAYTON ROAD MAILSTATION 314 BALLWIN, MO 63011 2. The name(s) and last known address(es) of the Defendant(s) are: ARTHUR A. PALESE, JR. BETH A. PALESE 907 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described On 7/2/93 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FLEET REAL ESTATE FUNDING CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1147, Page 1007. By Assignment of Mortgage recorded 4/25/97 the mortgage was assigned to DIME SAVINGS BANK OF NEW YORK, F.S.B. which Assignment is recorded in Assignment of Mortgage Book No. 545, Page 965. By Assignment of Mortgage recorded 10/9/98 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 591, Page 177. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 8/1/01 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance $77,765.99 Interest 4,248.75 7/1/01 through 4/1/02 (Per Diem $15.45) Attorney's Fees 1,000.00 Cumulative Late Charges 266.58 7/2/93 to 4/1/02 Cost of Suit and Title Search 550.00 Subtotal $83,831.32 Escrow Credit 0.00 Deficit 1.246.48 Subtotal $1,246.48 TOTAL $85,077.80 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c. 10. This action does not come under Act 91 of 1983 because the mortgaged premises is not the principal residence of the defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $85,077.80, together with interest from 4/1/02 at the rate of $15.45 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. F ERMAN AND PHE AN LLP By:u FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL THAT CERTAIN piece or parcel of land., situate in the Township'. of upper Allen, County Of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern line of Big Horn Avenue at the eastern line of Lot No. 50 as shown on the-Plmn of Section If Mt. j Allen Heights; thence along the eastern lire of Lot NO. 50, North 5 degrees 7 minutes West on hundred sixteen and forty-six one- hundsredths 2, Mt. Allen Heights iNorth h 84 degrees 53 minutes East• ninety-eight (98) feet to a point; thence along the western line of Lot No. 52 as shown on Plan of Section If Nt. Allen Heights, South 5 degrees 7 minutes East one hundred sixteen and forty-six one hundredths (116.46) feet to a point; thence along the northern 11ne of Big Horn Avenue South 84 degrees 53 minutes West ninety-eight (98) feet to the Place of BEGINNING. BEING LOT N0. 51, Plan of Section I. Mt. Allen Heights, said Plan being recorded in the Cumberland County Recorders office in Plan Book 18, Page 14 and 15. BEING THE SAME premises which Charles W. Wiley, Jr. and Judith C. Wiley, by their deed dated February 1, 1988 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, granted herein. conveyed and Kim -33f Paige 213o unennsylvania, In E. Sowers Deed UNDER AND SUBJECT to a drainage easement 10 feet in width along the rear of the above described lot. UNDER AND SUBJECT to building and use restrictions and rights of public utilities czeated by instruments of prior record. HAVING thereon erected a single brick and aluminum dwelling house. PREMISES BEING ON 22 BIG HORN AVENUE VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unworn falsification to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: 411414 z. ? ?? s `- 7 C." C? UJ ? ?? ? r ,i ,` W A `? ? )i_..? ?? C ? ? ?1 C? "'4 ?. l' SHERIFF'S RETURN - REGULAR CASE NO: 2002-01811 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC DBA CITICORP VS PALESE ARTHUR A JR ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE PALESE ARTHUR A JR was served upon DEFENDANT the at 1820:00 HOURS, on the 19th day of April , 2002 at 907 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 by handing to ARTHUR PALESE JR a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.28 Affidavit .00 Surcharge 10.00 .00 36.28 So Answers: 1-'Q le R. Thomas Kline 04/22/2002 FEDERMAN Sworn and Subscribed to before By: me this d6'"t- day of nlfo - Q/ l?? a-00Z A. D. Pi!othonotary SHERIFF'S RETURN - REGULAR CASE NO: 2002-01811 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC DBA CITICORP VS PALESE ARTHUR A JR ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PALESE BETH A the DEFENDANT , at 1820:00 HOURS, on the 19th day of April 2002 at 907 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 by handing to ARTHUR A PALESE JR. HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this aSt` day of Q ,219v? A. D. r thonotary So Answrers : R. Thomas Kline 04/22/2002 FEDERMAN & PHE By: Dep ty Sheriff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CITIMORTGAGE, INC. DB/A CITICORP MORTGAGE, INC. Plaintiff, V. No. 02-1811 CIVIL ARTHUR A. PALESE, JR. BETH A. PALESE Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 5/21/02 to 9/4/02 (per diem -$14.11) TOTAL $85,850.30 $1,495.66 and Costs $87,345.96 lax 9AA AA4 ? Owl wnn oin FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. w O W ? O H a ? ' v ? O W ?U AW O Q z 0 ? F p CA ?? o? o F ?. U U a Way a? d ?F x? in r r 0. h P i as xx A A UU xx UU U O u d H e . , w o ? W? ? o 0 as U N v b a w a ALL THAT CERTAIN piece or parcel of land, situate in the Township of Upper Allen, County of Cumberland, and State of Penn- sylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern line of Big Horn Ave- nue at the eastern line of Lot No. 50 as shown on the Plan of Section I, Mt. Allen Heights; thence along the eastern line of Lot No. 50, North 5 degrees 7 minutes West, 116.46 feet to a point; thence along lots in the Plan of Section 2, Mt. Allen Heights North 84 degrees 53 minutes East, 98 feet to a point; thence along the western line of Lot No. 52 as shown on Plan of Section I, Mt. Allen Heights, South 5 degrees 7 minutes East, 116.46 feet to a point; thence along the northern line of Big Horn Avenue, South 84 degrees 53 minutes West, 98 feet to the place of BEGINNING. BEING Lot No. 51, Plan of Section I, Mt. Allen Heights, said Plan being recorded in the Cumberland County Recorder's Of- fice in Plan Book 18, Page 14 and 15. BEING THE SAME PREMISES which Jerry E. Sowers and Kim L. Sowers, his wife, by their Deed dated QA4 11 1¢ and intended to be recorded immediately prior ere i? the Office of the Recorder of Deeds in and for Cumberland County, granted and conveyed unto Arthur A. Palese, Jr., and Beth A. Palese, husband and wife, Mortgagors herein. zC tv ?, 1 b r a `fi WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-1811 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC. DB/A CITICORP MORTGAGE, INC. Plaintiff (s) From ARTHUR A. PALESE, JR. AND BETH A. PALESE, 907 ALLENVIEW 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 gamishee(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 $85,850.30 L.L. $.50 Interest FROM 5/21/02 TO 9/4/02 (PER DIEM-$14.11) - $1,495.66 AND COSTS Atty's Comm % Due Prothy $1.00 Arty Paid $124.28 Other Costs Plaintiff Paid Date: MAY 21, 2002 CURTIS R. LONG Prothonotary, Civil Division REQUESTING PARTY: ( - Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. DB/A CITICORP MORTGAGE, INC. V. Plaintiff, ARTHUR A. PALESE, JR. BETH A. PALESE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-1811 CIVIL CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: Q an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ?p,,nn/y _ pA;uo_y,? FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff G rev Cl m rr,, w r N T ? 1 C ? a7 CITIMORTGAGE, INC. DB/A CITICORP MORTGAGE, INC. Plaintiff, V. ARTHUR A. PALESE, JR. BETH A. PALESE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-1811 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CITIMORTGAGE, INC. DB/A CITICORP MORTGAGE. INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,22 BIG HORN AVENUE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name ARTHUR A. PALESE, JR. BETH A. PALESE Last Known Address (if address cannot be reasonably ascertained, please indicate) 907 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 907 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) NORTHWEST BANK MINNESOTA, NA TO BE DETERMINED 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 22 BIG HORN AVENUE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. May 15. 2002 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff CD y m rn ? CO ?? (, CITIMORTGAGE, INC. DB/A CITICORP MORTGAGE, INC. Plaintiff, V. ARTHUR A. PALESE, JR. BETH A. PALESE Defendant(s). CUMBERLAND COUNTY No. 02-1811 CIVIL May 15, 2002 TO: ARTHUR A. PALESE, JR. 907 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 BETH A. PALESE 907 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIENAGAINST PROPERTY. * * Your house (real estate) at, 22 BIG HORN AVENUE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on 9/4/02 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $85,850.30 obtained by CITIMORTGAGE, INC. DB/A CITICORP MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the 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 within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN piece or parcel of land, situate in the Township of Upper Allen, County of Cumberland, and State of Penn- sylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern line of Big Horn Ave- nue at the eastern line of Lot No. 50 as shown on the Plan of Section I, Mt. Allen Heights; thence along the eastern line of Lot No. 50, North 5 degrees 7 minutes West, 116.46 feet to a point; thence along lots in the Plan of Section 2, Mt. Allen Heights North 84 degrees 53 minutes East, 98 feet to a point; thence along the western line of Lot No. 52 as shown on Plan of Section I, Mt. Allen Heights, South 5 degrees 7 minutes East, 116.46 feet to a point; thence along the northern line of Big Horn Avenue, South 84 degrees 53 minutes West, 98 feet to the place of BEGINNING. BEING Lot No. 51, Plan of Section I, Mt. Allen Heights, said Plan being recorded in the Cumberland County Recorder's Of- fice in Plan Book 18, Page 14 and 15. BEING THE SAME PREMISES which Jerry E. Sowers, his wife, by their Deed dated ere intended to be recorded immediately prior ir- the Recorder of Deeds in and for Cumberland, conveyed unto Arthur A. Palese, Jr., and Beth and wife, Mortgagors herein. Sowers and Kim L. and i the Office of :ounty, granted and A. Palese, husband C) G7 (. C7 N f n rl) CG -FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. D/B/A CITICORP MORTGAGE, INC. 15851 CLAYTON ROAD, MAILSTATION 314 BALLWIN, MO 63011 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-1811 CIVIL ARTHUR A. PALESE, JR. BETH A. PALESE Defendant(s). PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against ARTHUR A. PALESE, JR, and BETH A. PALESE, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 4/2/02 to 5/21/02 TOTAL $85,077.80 $772.50 $85,850.30 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. / - AAA ?/?./ i1M 0//1 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY TEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (Z)5F-4-7000 CITIMORTGAGE, INC. D/B/A CITICORP MORTGAGE, INC. Plaintiff VS. ARTHUR A. PALESE, JR. BETH A. PALESE Defendant(s) TO: ARTHUR A. PALESE, JR. 907 ALLENVIEW DRIVE MECHANICSBURG PA 17055 DATE OF NOTICE: MAY 10, 2002 Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 02-1811 CIVIL C®eiI THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed 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 (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 15) 561-7000 CITIMORTGAGE, INC. D/B/A CITICORP MORTGAGE, INC. Plaintiff COURT OF COMMON PLEAS : CIVIL DIVISION VS. ARTHUR A. PALESE, JR. BETH A. PALESE Defendant TO: BETH A. PALESE 907 ALLENVIEW DRIVE MECHANICSBURG PA 17055 DATE OF NOTICE: MAY 10, 2002 : CUMBERLAND COUNTY NO. 02-4W CIVIL THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 --2 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. D/B/A CITICORP MORTGAGE, INC. 15851 CLAYTON ROAD, MAH,STATION 314 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. ARTHUR A. PALESE, JR. BETH A. PALESE Defendant(s). CIVIL DIVISION NO. 02-1811 CIVIL VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant ARTHUR A. PALESE, JR. is over 18 years of age and resides at, 907 ALLENVIEW DRIVE, MECHANICSBURG, PA 17055. (c) that defendant BETH A. PALESE is over 18 years of age, and resides at, 907 ALLENVIEW DRIVE, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. A AAJL Dg,-OA 0An4n 1 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CITIMORTGAGE, INC. D/B/A CITICORP MORTGAGE, INC. 15851 CLAYTON ROAD, MAILSTATION 314 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. ARTHUR A. PALESE, JR. BETH A. PALESE Defendant(s). CIVIL DIVISION NO. 02-1811 CIVIL Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 By: - EPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Q C??_ J'? ? }ate w e 1cs n ?3 ?l 2 ' ? ? N ? AFFIDAVIT OF SERVICE P1 / 1NTIFF CITIMORTGAGE, INC. DB/A CITICORP MORTGAGE, INC. CUMBERLAND COUNTY KMD No. 02-1811 DEFENDANT(S) ARTHUR A. PALESE, JR. ACCT. #s: BETH A. PALESE Type of Ac SERVE ARTHUR A. PALESE, JR. AT - Notice of 907 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 Sale Date: n SERVED Served and made known to Ps,`l 1 ?' • Defendant, on the Qf_cl at ??, o'clock _.m., at u of Pennsylvania, in the manner described below: _)?Sl)efendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Sale day of 200 Commonwealth Other: ' II Description: Aged Heig l Weight ? Race Sex 'Other I \?A , ?? i(hPl 40ft?he+o ?, a competent adult, being duly swom according to law, dep se and state that I personally handed a true and correct copy nce o f Sheriffs Sale in the manner as set forth herein, issued in he captioned case on the date and at the address indicated above. Sworn to and sub ribed befor me this ' day of 200 Notar • By: CE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. usa M. areeson, Notary Public NOT SERVED Carlisle Boro, Cumberland County My Commission Expires Sept. 9, 2002 On the day of 200_, at o'clock _.m., Defendant N T FOUND because: Moved Unknown No Answer Vacant 1St Attempt: Time: 2"d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 .,D C N -Tj ZV I AFFIDAVIT OF SERVICE PL4UNTIFF CITIMORTGAGE, INC. DB/A CITICORP No. 02-18111 CIVIL MORTGAGE, INC. DEFENDANT(S) ARTHUR A. PALESE, JR. ACCT. #6; BETH A. PALESE Type of Ac SERVE BETH A. PALESE AT - Notice of 907 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 Sale Date: SERVED Served and made known to,`I??f1,1?1 ' Defendant, on the atC 1 ' ?, o'clock?.m., at of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s)- -Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: r' r Description: Age ? Hei&6, Weight Race ? L Sex mL then COUNTY KMD Sale day of, 200 1 . a Y W tke . C ? a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. 1_?1 Sworn to and subscribed Won me this q da Notai:N?V, --Oz-)I`l_ By: PLEASE AL 1"1'fihT SE CE AT LEAST 3 TIMES. INDICATE DATES & TIM ny Pubiic NOTSERVED M. (areasoanl No r tle Bono, Cumberland 9U20° Sep . 200, at o'clock _.m, Defendant ?tnission Expire Moved Unknown No Answer Vacant 1" Attempt: Time: 2"d. Attempt: / 3rd Attempt: Time: Sworn to and subscribed before me this day of 200 Notary: By: OF SERVICE ATTEMPTED. FOUND because: Time Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: CITIMORTGAGE, INC. D/B/A CITICORP MORTGAGE, INC. ) CIVIL ACTION vs. ARTHUR A. PALESE, JR. ) CIVIL DIVISION BETH A. PALESE ) NO. 02-1811 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for CITIMORTGAGE, INC. D/B/A CITICORP MORTGAGE, INC. hereby verify that on 5/21/02 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. Notice of Sale was sent to the Defendant(s) on 5/21/02 by certified mail return receipt requested see Exhibit "B" attached hereto. DATE: July 31. 2002 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff --lcs9tzcs i - 4 H313A Hd dd L t Q (U ., P Z0.14" x poi to a 1 ?p?lcpd'?p?.L? .-K;yo? d L 0 = ..r A ti zz ? ? o ?2 w ? ? px?bo zzzz ??Ca U?C+wco w ? y 'b h zoo O M ti a (U C ' h W cq ?N1 0 h Q C> N r z ? aCM?7' 0 x W V ^ W U U U w QQQ??? ? ? a 3 <Uco??75W 0 ^ i OO OW ?' W a .w z" A OU w ? Ln m '? T v U 0CT ? ° E N F ,a k 5 W .a hoc m ; u a avJ .Z v N?„o O ? L 8 ti JNV F m C {Gj [yU A ? a O J.4. a u d O u `d w he ? n y 0..D y ^ 4 8u_ W ° N C G ? W !A ° E -ossa v ' 88 ? ,? 9 u C >W C 4 T w u w em i O W m u E.. z , ° u 9 S Q u a N }, N M V h b t- DO N M V h Z "a v a F 'w 7160 3901 9844 8593 0902 TO: BETH A. PALESE, 907 ALLENVIEW DRIVE, MECHANICSBURG, PA 17055 SENDER: land REFERENCE: sales RETURN Postage 34 RECEIPT Certified Fee SERVICE . 1.90 Return Receipt Fee 1.50 ^- Restricted Delivery 3. Total Postage & Fees 4 US Postal Service POST Er, Receipt for Certified Mail t m yam' ;0 2 No Insurance Coverage Provided Do Not Use for International map 2 7160 3901 9844 8593 0896 TO: ARTHUR A. PALESE, JR., 907 ALLENVIEW DRIVE, MECHANICSBURG, PA 17055 i SENDER: land 1 REFERENCE: sales i RETURN Postage .34 RECEIPT SERVICE Certified Fee 1,90 i Return Receipt Fee ' I Restricted Delivery j Total Postage & Fees US Postal Service i P Receipt for : N Certified Mail No Insurance Coverage Provided Do Not Use f I or nternational Mail t .( N ?r O ? 'O lTi " ? :T a r -: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal National Mt Assoc is the grantee the same having been sold to said grantee on the 4th day of Sept A.D., 02002, under and by virtue of a writ Execution issued on the 21st day of May, A.D., 12002, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 1811, at the suit of Citimortgage Inc dba Citicorp Mtg Inc against Arthur A Pal ese Jr & Beth A is duly recorded in Sheriff's Deed Book No. 253, Page 3253. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ? day of Sept, A.D, )2002. 1s v "ef Recorder of Deeds Citimortgage, Inc. d/b/a Citicorp In The Court of Common Pleas of Mortgage, Inc. Cumberland County, Pennsylvania VS Writ No. 2002-1811 Civil Term Arthur A. Palese, Jr. and Beth A. Palese Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on June 19, 2002 at 8:30 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Arthur A. Palese, Jr., by making known unto Arthur A. Palese, Jr. personally, at 907 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on June 19, 2002 at 8:30 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Beth A. Palese, by making known unto Arthur A. Palese, Jr., husband of defendant, at 907 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on July 9, 2002 at 12:34 o'clock P.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 Arthur A. Palese, Jr. and Beth A. Palese located at 22 Big Horn Ave., Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Arthur A. Palese, Jr., by regular mail to his last known address of 907 Allenview Drive, Mechanicsburg, PA 17055. This letter was mailed under the date of July 10, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Beth A. Palese, by regular mail to her last known address of 907 Allenview Drive, Mechanicsburg, PA 17055. This letter was mailed under the date of July 10, 2002 and never returned to the Sheriff's 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, exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County Pennsylvania, on September 4, 2002 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for Federal National Mortgage Association. It being the highest bid and the best price received for the same Federal National Mortgage Association of 1900 Market Street, Suite 800, Philadelphia, PA 19103, being the bur in this execution paid Sheriff R. Thomas Kline, the sum of $748.55, it being costs. ye Sheriffs Costs: Docketing Poundage Posting Handbills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff s Deed $30.00 14.67 15.00 15.00 30.00 10.00 .50 1.00 16.56 3.47 15.00 30.00 274.70 212.95 25.20 25.00 29.50 748.55 paid by attorney 9/17/02 Sworn and subscribed to before me This day oft So Answers: oAR. omas me,r??e? 2002, A.D. r thonotary Real Estat Deputy 30 I.S? ?.381v7 'CITIMORTGAGE, INC. DB/A CITICORP MORTGAGE, INC. Plaintiff, V. ARTHUR A. PALESE, JR. BETH A. PALESE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-1811 CIVIL ERIFFS AFFIDAVIT PURSUANT TO RULE (Affidavit No. l) CITIMORTGAGE INC. DB/A CITICORP MORTGAGE, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,22 BIG HORN AVENUE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ARTHUR A. PALESE, JR. BETH A. PALESE 907 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 907 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) NORTHWEST BANK MINNESOTA, NA TO BE DETERMINED 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 22 BIG HORN AVENUE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. May 15, 2002 DATE a.4 &6&6-4- D af-e FRXNK FEDERMAN, ESQUIRE Attorney for Plaintiff CITIMORTGAGE, INC. DB/A CITICORP MORTGAGE, INC. Plaintiff, v. ARTHUR A. PALESE, JR. BETH A. PALESE Defendant(s). CUMBERLAND COUNTY No. 02-1811 CIVIL May 15, 2002 TO: ARTHUR A. PALESE, JR. 907 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 BETH A. PALESE 907 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKR UPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIENAGAINST PROPERTY. * * Your house (real estate) at 22 BIG HORN AVENUE MECHANICSBURG PA 17055, is scheduled to be sold at the Sheriffs Sale on 9/4/02 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $85,850.30 obtained by CITIMORTGAGE, INC. DB/A CITICORP MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the 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 within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN piece or parcel of land, situate in the Township of Upper Allen, County of Cumberland, and State of Penn- sylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern line of Big Horn Ave- nue ,at the eastern line of Lot No. 50 as shown on the Plan of Section I, Mt. Allen Heights; thence along the eastern line of Lot No. 50, North 5 degrees 7 minutes West, 116.446 feet to a point; thence along lots in the Plan of Section 2, Mt. Allen Heights North 84 degrees 53 minutes Easy, 98 feet to a point; thence along the western line of Lot No. 52 as shown on Plan of Section I, Mt. Allen Heights, South 5 degrees 7 minutes East, 116.46 feet to a point; thence along the northern line of Big Horn Avenue, South 84 degrees 53 minutes West, 98 feet to the place of BEGINNING. BEING Lot No. 51, Plan of Section I, Mt. Allen Heights, said Plan being recorded in the Cumberland County Recorder's Of- fice in Plan Book 18, Page 14 and 15. BEING THE SAME PREMISES which Jerry E. Sowers and Kim L. Sowers, his wife, by their Deed dated C?IAALA oZ. l 4fs3 and intended to be recorded immediately prior lieretiV i-ii the Office of the Recorder of Deeds in and for Cumberland County, granted and conveyed unto Arthur A. Palese, Jr., and Beth A. Palese, husband and wife, Mortgagors herein. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-1811 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC. DB/A CITICORP MORTGAGE, INC. Plaintiff (s) From ARTHUR A. PALESE, JR. AND BETH A. PALESE, 907 ALLENVIEW 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 $85,850.30 L.L. $.50 Interest FROM 5/21/02 TO 9/4/02 (PER DIEM-$14.11) - $1,495.66 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $124.28 Other Costs Plaintiff Paid Date: MAY 21, 2002 CURTIS R. LONG Prothonotary, Civil Division REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 Real Estate Sale # 49 On June 10, 2002 the sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA Known and numbered as 22 Big Horn Avenue, Mechanicsburg, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 10, 2002 By:0jGl'ctcflre,, Q, "O-k-t) (i7f D G 0 7 Z li? L,ru Aix ?l!-Li c? 1? 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 ESTATE SALE NO. 49 Writ No. 2002-1811 Civil Citimortgage, Inc. d/b/a Citicorp Mortgage, Inc. vs. Arthur A. Palese, Jr. and Beth A. Palese Atty.: Frank Federman ALL THAT CERTAIN piece or par- cel of land, situate in the Township of Upper Allen, County of Cumber- land, and State of Pennsylvania, more particularly bounded and de- scribed as follows: BEGINNING at a point on the northern line of Big Horn Avenue at the eastern line of Lot No. 50 as shown on the Plan of Section I, Mt. Allen Heights; thence along the east- ern line of Lot No. 50, North 5 de- grees 7 minutes West, 116.46 feet M n noint: thence along lots in the R ger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 9 day of AUGUST, 2002 NO1Ap??? SEAL v LOTS E. SNYDE1 P, NNoWy Pd* Came Bom, Cw1ftBald comy My CWM*W n E*= March 55, 2005 Plan of Section 2, Mt. Allen Heights North 84 degrees 53 minutes East, 98 feet to a point; thence along the western line of Lot No. 52 as shown on Plan of Section I, Mt. Allen Heights, South 5 degrees 7 minutes East, 116.46 feet to a point; thence along the northern line of Big Horn Avenue, South 84 degrees 53 min- utes West, 98 feet to the place of BEGINNING. BEING Lot No. 51, Plan of Sec- tion I, Mt. Allen Heights, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 18, Page 14 and 15. BEING THE SAME PREMISES which Jerry E. Sowers and Kim L. Sowers, his wife, by their Deed dat- ed July 2, 1993 and intended to be recorded immediately prior hereto in the office of the Recorder of Deeds in and for Cumberland County, granted and conveyed unto Arthur A. Palese, Jr., and Beth A. Palese, husband and wife. Mortgagors herein. 1 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Frank J. Epler being duly sworn according to law, deposes and says: "That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general 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. PUBLICATION . ........ .......... .. COPY Sworn to and subscribed before me 14th day oy ugu 02 A.D. S A L E #49 Notarial Seal REAL ESTATE SALE No. 49 Terry L. Russell, Notary Public Writ No. 2002-1811 City Of Harrisburg, Dauphin County NOTARY PUBLIC Civil Term My Commission Expires June 6, 2006 Citimortgage, Inc. d/b/a' Citicorp Mortgage, Inc. commission expires June 6, 2006 Member, Pennsylvania Association Of Notari vs Art hur A. Palese, dr. CUMBERLAND COUNTY SHERIFFS OFFICE Beth A. Palese Atty: Frank Federman CUMBERLAND COUNTY COURTHOUSE DESCRIPTION CARLISLE, PA. 17013 ALL THAT CERTAIN piece or parcel of land, situate in the Town- ship of Upper Allen, County of Cumberland, and State of Pennsylvania, more Statement of Advertising Costs particularly bounded and described as follows: BEGINNING at a point on the northern line of To THE PATRIOT-NEWS CO., Dr. Big Horn Avenue at the eastern line of Lot No. 50 as shown on the Plan of Section 1, Mt. Allen For publishing the notice or publication attached Heights; thence along the eastern line of Lot No. hereto on the above stated dates $ 21 1 .20 50, North 5 degrees 7 minutes west, 116.46 feet to a point; thence along lots in the Plan of Section Probating same Notary Fee(s) $ 1 .75 2 Mt. Allen Heights North 84 degrees 53 minutes Total $ 212.95 East, 98 feet to a point; thence along the western line of Lot No. 52 as shown on Plan of section I, Mt. Alien Height,. South 5 degrees minutes publisher's Receipt for Advertising Cost The Patnot 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. By .......................................................... . Last, t10.4+ _. _ ;thence along tue northern line ut Big Huin Avenue, South 84 degrees 53 minutes West, 98 feet to the place of BEGINNING. BEING Lot No. 51. Plan of Section I. Mt. Allen Heights, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 18, Pages 14 and 15. BEING THE SAME PREMISES which Jerry E. Sowers and Kim L. Sowers, his wife, by their Deed dated July 2, 1993 and intended to be recorded immediately prior hereto in the Office of the Recorder of Deeds in and for Cumberland County, granted and conveyed unto Arthur A. Palese, Jr., and Beth A. Palese, husband and wife.. Mortgagors herein. 4 f.