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HomeMy WebLinkAbout02-4975FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALL1NAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 GE CAPITAL MORTGAGE SERVICES, INC. 5024 PARKWAY PLAZA BOULEVARD BUILDING 7/F/C CHARLOTTE, NC 28217 Plaintiff JOHN E. BARTON 55 GUTSHALL ROAD SHIPPENSBURG, PA 17257 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS C1VIL DIVISION TERM CUMBERLAND COUNTY Defendant(s) 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 #:21682596 RXP 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. LIKEV~ISE, 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 GE CAPITAL MORTGAGE SERVICES, INC. 5024 PARKWAY PLAZA BOULEVARD BUILDING 7/F/C CHARLOTTE, NC 28217 The name(s) and last known address(es) of the Defendant(s) are: JOHN E. BARTON 55 GUTSHALL ROAD SHIPPENSBURG, PA 17257 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 3/25/97 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1372, Page 401. 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 11/1/02 and each month thereafter are due and unpaid, and by the terms of saint 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. The following amounts are due on the mortgage: Principal Balance Interest 10/1/01 through 10/1/02 (Per Diem $28.64) Attorney's Fees Cumulative Late Charges 3/25/97 to 10/1/02 Cost of Suit and Title Search Subtotal $119,212.37 10,482.24 1,000.00 338.31 550.00 $131,582.92 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $131,582.92 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 Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. § 1680.403c. 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $131,582.92, together with interest from 10/1/02 at the rate of $28.64 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. By: F~ff4~FEDE~, E~S QI~IIRE EAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff AZ~L the £ol/.ow/.ng described real bounded and 1/mlted as follows: ~grees West 11.3 percBes to a pos%; ~ence by 1~ now or fo~erly of ~t~er, Sou~ 4S degrees West ~oPOS~; ~ence by l~ds now or fo~erly of perches Co a sprc~, ~ce by ~e s~e, Sou~ 43 de~rees .~ 5.~ ~r~s_ ~ a popl~ tree; ~ng, cont~n~g 2 acres, 100 per~s, more or'less. T~E ~bove--descr£bed real estate is the same which Heffley, Jr., ~d Marjorie S. Heffley, his wAfe, by BErG ~ ~: 55 ~S~L ~, S~IPP~SB~G, PA VERIFICATION JERRY WAUGH hereby states that she is ASSISTANT SECRETARY of WELLS FARGO HOME MORTGAGE, 1NC. mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: SHERIFF'S RETURN CASE NO: 2002-04975 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GE CAPITAL MORTGAGE SERVICES VS BARTON JOHN E REGULAR JASON VIOPAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BARTON JOHN E the DEFENDANT at 0937:00 HOURS, at 55 GUTSEALL ROAD SHIPPENSBURG, PA 17257 JOHN BARTON on the 25th day of October 2002 by handing to 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 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this ~ day of ~ ~/~o~ A.D. ! ~Prethonotary ~ ~ So Answers: R. Thomas Kline 10/28/2002 FEDERMAN & PHELAN uty Sheriff 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 GE CAPITAL MORTGAGE SERVICES, INC. 5024 PARKWAY PLAZA BOULEVARD, BUILDING 7/F/C CHARLOTTE, NC 28217 Plaintiff, JOHN E. BARTON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-4975 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JOHN E. BARTON, 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 PlaintifPs damages as follows: As set forth in Complaint Interest from 10/2/02 to 11/26/02 TOTAL $131,582.92 $ 1,603.84 $133,186.76 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. [FRANK FE~)ERMAN, E-SQUII~LE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: I(- o~-{)ak. ~ PRO PROTItY BY: FP,~NK FEDERMAN, ESQUIILE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) ~63-7000 GE CAPITAL MORTGAGE SERVICES, INC. Plaintiff vs. Attomey tor Plalntlt]: : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY JOHN E. BARTON : NO. 02-4975 Defendant (s) TO: JO~lq E. Bi%RTON 55 GUTSF~%LL ROAD SHIPPENSBURG, PA 17257 DATE OF NOTICE: NOVEMBER 15, 2002 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 AiqD SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, ONLY AS ENFORCEMENT OF LIEN AGAINST P?p .RTY. IMPORTANT NOTICE . '~ YOU are in default because you have failed enter '~a w~tten appearance personally or by attorney and file in writing..~th the court your defenses or objections to the claims set fort~ainst you. Unless you act within ten (10) days from the date 9~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 AVENLrE CARLISLE, PA 17013 (717) 249-3166 Fran~ederman, 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) 5~3-7000 GE CAPITAL MORTGAGE SERVICES, INC. 5024 PARKWAY PLAZA BOULEVARD, BUILDING 7/F/C JOHN E. BARTON Plaintiff, Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-4975 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 JOHN E. BARTON is over 18 years of age and resides at, 55 GUTSHALL ROAD, SHIPPENSBURG, PA 17257. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~RANK FE~ERMAN, ESQUIRE Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 GE CAPITAL MORTGAGE SERVICES, INC. Plaintiff, JOHN E. BARTON Defendant(s). No. 02-4975 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 11/27/02 to 3/5/03 (per diem -$21.89) TOTAL $133,186.76 $ 2,167.11 and Costs $135,353.87 ~RANK 'FE~E~-,MAN, E~QUIRE One Penn Cehter at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. ALL the followir~ described real sstaue lying end being situate in Southampton Township, Cumber/and County, Pennsylvania, bounded arAd limited aa follows: perches to a post; Chcnce by lands now ~ formerly of Christ Helm, formcrly =his tract, South 35 d~grees East 1S.2 perches to a sprout; thence by the same, 27 degrees East 31 perches to the ~lace o~ beginnin~, :ontaining 2 acres, BEING 55 GUTSHALL ROAD, SHIPPENSBURG, PA 17257 TAX PARCEL # 39-13-0106-040 TITLE TO SAID PREMISES IS VESTED IN JOHN E. BARTON BY DEED FROM KENNETH E. CROUSE AND MARCIA A. CROUSE, HIS WIFE DATED 9/29/1986 AND RECORDED 10/1/1986 IN DEED BOOK F, VOLUME 32 PAGE 143. FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PH/LADELPHIA, PA 19103-1814 (215) 563-7000 GE CAPITAL MORTGAGE SERVICES, INC. Plaintiff, JOHN E. BARTON Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-4975 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: 0 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 unswom falsification to authorities. ~F, RANK' F.~E~RMAN, ESQUIRE interes~ Na~e thZ Nar~e ,~., e proner~ u a(l~ · '" -YWhic~ arne aa t/Occttpan t stt'e l~elatiO~s ~ealtt~ or ~ ~e~t of ~ elfa~e Cy that the ~. · oec. 4904 nee I ~ relating co~Og-r oF c°g~°N pLEAS CI¥1L DI¥1sIO~S ~SO. 07"49"/5 ~lO~IT (~[fidavkt~°' B ' b its attome? ,~ a ~e actto~, ~.. ~ ExecUt~°n TMo° ~ ~~ the date '~ated at ~ ~~'~tion coaC~ ~ ~e~t~ ~ re~SOBaOt~ ~- sitlpPENSBlJP'G' pA ; of' Defendant(s) in the ~uagraent" 2,. Name and address same as abo,~e ~udgraertt creditor whose , ~,,,nvm address o£ e-~er¥ 3. Name a~d IdS; ~- proper~¥ to be sold'. 13 .S.A : CogPOP~T~ON' ~udgraent is a record 'if address c~ _~.~ Address ~ qease ~ndxca~ reasOp-aut ~ 2626 pORT ROAD GE CAPITAL MORTGAGE SERVICES, INC. Plaintiff, JOHN E. BARTON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-4975 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GE CAPITAL MORTGAGE SERVICES~ 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 ~55 GUTSHALL ROAD~ SHIPPENSBURG~ PA 17257. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOHNE. BARTON 55GUTSHALLROAD SHIPPENSBURG, PA17257 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 ad&ess cannot be reasonably ascertained, please indicate) KUBOTA CREDIT CORPORATION, 2626 PORT ROAD U.S.A COLUMBUS, OH 43217-1136 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Tenant/Occupant Domestic RelatiOns of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 55 GUTSHALL ROAD SHIPPENSBURG, PA 17257 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. N._ovember 20~Q~2007 DATE 1~ RMAN, ESQUIRE ttomey for Plaintiff GE CAPITAL MORTGAGE SERVICES, INC. Plaintiff, JOHN E. BARTON Defendant(s). TO: JOHN E. BARTON 55 GUTSHALL ROAD SHIPPENSBURG, PA 17257 CUMBERLAND COUNTY No. 02-4975 November 20, 2002 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECTA DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINSTPROPERT}( ** Your house (real estate) at ~.55 GUTSHALL ROAD~ SHIPPENSBURG~ PA 17257~ is scheduled to be sold at the Sheriffs Sale on 3/5/03 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, t'o enforce the court judgment of $133~186.76 obtained by GE CAPITAL MORTGAGE SERVICES~ 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 Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: ~215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 2~5) 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 mount 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 (I0) days after the distribution is filed. 7. You m~y also have other rights and defenses, or ways &getting your home back, if you act immediately after the sale. AYOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE 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) 99o-9~os ALL the following ~escribed real estate lying an~ being situate in Scuthar~ton Township, Cumberland COUnty, Penneylvania, bounded and !imt=ed as follows: BEGINNING at a poet in the Furnacm Road; thence ~or=h 63 degrees West 11.3 perches to a post; thence by lands now or formerly of Piper. Sout~ 4S ~e~rees West 23 =his tract, South 35 ~e~rees East 1S.2 perches to a s~ro~=; Chance by the same, South 43 de, tees East 5.4 parches to a ~p/ar tree; thence by ~urnmce lands, North 27 degrees ~aet 31 perches Co the place o5 beginning, =cntaining 2 acres, 100 p~rehee, more or lese. BEING 55 GUTSHALL ROAD, SHIPPENSBURG, PA 17257 TAX PARCEL # 39-13-0106-040 TITLE TO SAID PREMISES IS VESTED IN JOHN E. BARTON BY DEED FROM KENNETH E. CROUSE AND MARCIA A. CROUSE, HIS WIFE DATED 9/29/1986 AND RECORDED 10/1/1986 IN DEED BOOK F, VOLUME 32 PAGE 143. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-4975 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GE CAPITAL MORTGAGE SERVICES, INC. Plaintiff (s) From JOHN E. BARTON, 55 GUTSHALL ROAD, SHIPPENSBURG PA 17257. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 55 GUTSHALL ROAD, SHIPPENSBURG PA 17257 (SEE ATTACHED LEGAL DESCRIPTION). You are also directed to attach the property of the defendant(s) not levied upon in the possession (2) 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 garnishee and is enjoined as above stated, notify him/her that he/she has been added as a Amount Due $133,186.76 Interest 11/27/02 - 3/5/03 ~ $21.89 per diem Atty's Corem % Arty Paid $115.35 Plaintiff Paid Date: NOVEMBER 26, 2002 L.L. $.50 Due Prothy SI.00 Other Costs (Seal) REQUESTING PARTY: Name FRANK FEDERMAN ESSQUIRE CURTIS R. LONG Prothcnlota? _/ ~ Address: ONE PENN CENTER ~ SUBJURBAN STATION 1617 JFK BLVD., SUITE 1400 PHILADELPHIA PA 19103 1814 Attorney for: PLAINTIFF Telephone: (215) 563 7000 Supreme Court ID No. 12248 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: GE CAPITAL MORTGAGE SERVICES, INC. ) ) CIVIL ACTION VS. JOHN E. BARTON ) CIVIL DIVISION ) NO. O2-4975 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for GE CAPITAL MORTGAGE SERVICES, INC. hereby verify that on 11/26102 & 1216/02 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. Notice of Sale was sent to the Defendant(s) on 11126102 by certified mail return receipt requested see Exhibit "B" attached hereto. DATE: February 4, 2003_ UIRE Attorney for Plaintiff 7160 3901 9844 2219 9812 TO: $OHN E. BARTON 55 GUTSHALL ROAD SHIPPENSBURG, PA 17257 SENDER: KMD REFERENCE: 21682596 RETURN RECEIPT SERVICE PS Form 3800, June 2000 Postage Certified Fee Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Sendce Receipt for Ce .rtifled Mail No Insurance Coverage Provided Do Not Use for International Mail .37 2.30 1.75 3.50 7.92 FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (sis) s6;;-7000 GE CAPITAL MORTGAGE SERVICES, INC. Vo JOHN E. BARTON ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO.02-4975 CUMBERLAND COUNTY AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE pURSUANT TO P.R.C.P... 404(2?403 FRANK FEDERMAN, ESQUIRE, Attorney for Plaintiff, hereby certifies that service of the Notice of Sheriffs Sale was made by sending a tree and correct copy by certified mail to Defendant, JOHN E. BARTON at 55 GUTSHALL ROAD, SHIPPENSBURG, PA 17257 which notice of Sheriff's Sale was received by Defendant, JOHN E. BARTON on 12/13/02 as evidenced by the attached retum receipt. The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. s 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF February 4, 2003 2. Article Number 71613 3901 9~44 ~219 9812 '~l?'~elrveryaddrsssdifferentfrom item 17 _ ,,4f YES. enter delivery address below: 3. Service Type CERTIFIED MAIL 4. Restricted Delivery? (Extra Fee) ~Yes 1. Article Addressed to: IL '~ JOH-N £. B~TON 55 GUTSHALL ROAD SHII~PENSBURG, PA 17257 [] Agent [] Addressee ., .~ [] Yes [] No 21682596 K~MD PS Form 3811, July 2001 Domestic Return Receipt COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ SS: I, Robert P. Zie~ler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which GE Cavital Mte Serv Inc is the grantee the same having been sold to said grantee on the 5th day of 03 A.D., 2026th, under and by virtue ora writ Execution issued on the Nov day of 02, A.D., 202002, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 4975, at the suit of GE Cavital Mte Setv inc against John E Barton is duly recorded in Sheriff's Deed Book No. 260, Page 182. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this c~ 7 day of A.D. 2003 Recorder of Deeds GE Capital Mortgage Services, Inc. VS John E. Barton In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-4975 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: John E. Barton, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description as NOT FOUND as to the defendant, John E. Barton. Several attempts of service were made upon the defendant at 55 Gutshall Road, Shippensburg, PA 17257, but I was unable to find anyone at given address. It is possible the defendant is residing in Waynesboro, Pennsylvania, but an exact address is no available. Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on January 13, 2003 at 9:03 o'clock A.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 John E. Barton located at 55 Gutshall Road, Shippensburg, Pennsylvania, according to law. 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 March 5, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $100,000.00 to Attorney Frank Federman for GE Capital Mortgage Services, Inc. It being the highest bid and best price received for the same, GE Capital Mortgage Services, Inc. of 5024 Parkway Plaza Boulevard, Building 7/F/C, Charlotte, NC 28217, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum orS11,500.00. Sherif£s Costs: Docketing $30.00 Poundage 2000.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 22.08 Certified Mail 3.91 Levy 15.00 Surcharge 20.00 Law Journal 200.30 Patriot News 188.50 Share of Bills 25.21 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $2641.00 Swom and subscribed to before me ,~~~ fJ~ This ~¢~dayof (~e,T~go_~ ~ R. Thomas Kline, Sheriff cPfothonotary Real EstatOOeputy Real Estate Sale # 22 On November 27, 2002 the sheriff lev/ed upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA known and numbered as 55 Gutshall Rd., Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 27, 2002 Real Estate Deputy THE PAT RIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss JOSEPH A. DENNISON being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 28th day(s) of January and the 4th and 11th day(s) of February 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PU..ic^T,o. .................................. A ....... ..... COPY Sworn to and subs~~F~--t~is ~~3 A.D. S A L E #22 NotadaISeal ~ I //. /// ./.-~'/ //~'~'~ .... Tern/L Russ~l, Notary Public ~ Member, Pennsy;vaniaAsSOoafionOfNotaries My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 186.75 $ 1.75 $ 188.50 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. REAL ESTATE SALE No. 22 Writ No. 2002-4975 Civil Term GE Capital Mortgage Services, Inc, vs John E. Barton Arty: Frank Federman DESCRIPTION ALL the following described real estate lying and being situate in Southampton Township, Cumberland County, Pennsylvania, ,bounded and limited as follows: BEGINNINO at a post in the Fu,mce Road; thence North 63 degl~es West 11.3 ~rches to a post; thence by lands now or fomerly of Piper, South 45 degrees West 23 pen:hes to a post; thence by lands now or formerly of Christ Helm, formerly pa~t of this ~ct, South 35 deg~es East 15.2 perches to a sprout; thence by the same, South 43 ~ East 5.4 Igrd'~s to a poplar t~; thence by Furnace lands, North 27 East 31 l~rches to the place of beginning, containing 2 acres, 100 perches, Jess. BEING 55 Gutshal{ Road, Shippensburg, PA 17257. TAX PARCEL #39-13-O106- 040. I1TLE TO SAID PREMISES VESTED John E. Bam~n by de~d from Kenneth E. Crouse and Ma, cia A. Crouse, his wife, dated 9/2911986 md recorded 11g1/1986 in Deed Bcok F, Volume 32, Page 143. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 31, FEBRUARY 7, 14, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. R~AL F~TAT~ SAL~ NO. 22 Writ No. 2002-4975 Civil GE CapUaJ Mortgage Services, Inc. VS. John E. Barton Atty.: Frank Federrnan ALL the following described real estate lying and being situate in Southampton Township, Cumberland County. Pennsylvania. bounded and limited as follows: BEGINNING at a post in the Fur- nace Road; thence North 63 degrees West 11.3 perches to a post; thence by lands now or formerly of Piper. South 45 degrees West 23 perches to a post; thence by lands now or formerly of Christ Helm. lormerly part of this tract, South 35 degrees East 15.2 perches to a sprout: thence by the same, South 43 degrees East 5.4 perches to a poplar tree: thence by Furnace lands, North 27 degrees East 31 perches to the place of be ginning, containing 2 acres, 100 perches, more or less. BEING 55 GUTSHALL ROAD, SHIPPENSBURG. PA 17257. TAX PARCEL #39-13 0106-040. TITLE TO SAID PREMISES IS VESTED IN JOHN E. BARTON BY DEED FROM KENNETH E. CROUSE AND MARCIA A~ CROUSE, HIS WIFE DATED 9/29/1986 AND RECORD ED 10/1/1986 1N DEED BOOK F, VOLUME 32 PAGE 143. SWORN TO AND SUBSCRIBED before me this 14 day of FEBRUARY. 2003 South 45 degrees West 2L4 perches to a post; thence by lands now or formerly of Christ Helm, lbrmerly part of this tract, South 35 degrees East 15.2 perches to a sprout; thence by the same, South 43 degrees East 5.4 perches to a poplar tree; thence by Furnace lands, North 27 degrees East 31 perches to the place of be ginning, containing 2 acres, 100 perches, more or less. BEING 55 GUTSHALL ROAD, SHIPPENSBURG. PA 17257. TAX pARCEL #39-13 0106-040. TITLE TO SAID PREMISES IS VESTED IN JOHN E. BARTON BY DEED FROM KENNETH E. CROUSE AND MARCIA A. CItOUSE, HIS WIFE DATED 9/29/1986 AND RECORD- ED 10/1/1986 IN DEED BOOK F. VOLUME 32 PAGE 143.