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JAN 0 7 2002 U)
GOLDBECK McCAFFERTY & McKEEVER
A Professional Corporation
By: Michael T. McKeever, Esquire
Attorney LD. # 56129
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, P A 19106
215-627-1322
Attorney for Plaintiff
GE CAPITAL MORTGAGE SERVS. INC.
4680 Hallmark Parkway
San Bernardino, CA 92407
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiff
vs.
JAMES C. YOUNG and SUSAN M.
YOUNG (Mortgagors and Record Owners)
3910 Brookridge Drive
Mechanicsburg, P A 17055
NO. 01-1225
Defendants
and
PROVIDENT BANK
407 Vine Street
Cincinnati, OH 45202
Respondent
ORDER
AND NOW, this
day of January 2002, it is hereby ORDERED and DECREED that the
Sheriffs Sale of September 5, 2001 of the Property located at 3910 Brookridge Drive, Mechanicsburg, PA
17055 is hereby CONFIRMED and any objections Respondent Provident Bank may have raised prior to
delivery of the sheriffs deed including, but not limited to, Plaintiffs failure to mail a notice ofthe Sale to
Respondent are waived and Provident Bank's interest in the property is divested, as if Plaintiff had mailed
notice pursuant to Pa.R.C.P. 3129.1. to Respondent Provident Bank.
BY THE COURT:
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GOLDBECK McCAFFERTY
BY: Joseph A. Goldbeck,
Attorney I.D.#16132
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
& McKEEVER
Jr.
GE CAPITAL MORTGAGE SERVS. INC.
4680 Hallmark Parkway
San Bernardino, CA 92407
P1aintilf
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION -LAW
vs.
:ACTION OF MORTGAGE FORECLOSURE
JAMES C. YOUNG
(Mortgagor(s) and Real Owner(s))
Term c....-
No.OI- l;l~.s C",~l (~
SUSAN M. YOUNG (RealOwner(s))
3910 Brookridge Drive
Mechanicsburg, PA 17055
Defendant(s)
CIVIL ACTION: MORTGAGE
FORECLOSURE
TH1S LAW FIRM IS JCbEBT COLLECTOR AND WE ARE ATTEMPTING
TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION
OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF
COLLECTING THE DEBT.
NOTICE
You ~ave 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 the Complaint and notice are served, by entering a written
appearance psrsonally 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 tbe 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 o~her 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 TELbPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumb~rland County Bar Association
2 Liberty Avenue, Carlisle, PA
(800) 990-9108
Legal Services Inc.
8 Irvine Row, Carlisle, PA 17013
(717)' 243-9400
A V ISO
LE BAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES
ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTR0 DE 20 DIAS DESPUES DE SER SERVlDO CON ESTA DEMANDA Y AVISO.
PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REG ISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA
DE USTED Y CVALQUIER OBJECCION CONTRA LAS QUEJAB EN ESTA DEMANDA.
RECU~RDE: SI USTED NO REPONDE A ESTA DEMANDA, BE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION.
ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS
LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD
U OTROS DERECHOS IMPORTANTES.
LLEW ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE.
SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS),
215-238-6300.
Cumberland County Bar Association
2 Liperty Avenue, Carlisle, PA
(800) 990-9108
Legal Services Inc.
8 Irvine Row, Carlisle, PA 17013
(717) 243-9400
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COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff is GE CAPITAL MORTGAGE SERVS. INC., 4680
Hallmark Parkway, San Bernardino, CA 92407.
2. The name(s) and address (es) of the Defendant(s) is/are
JAMES C. YOUNG, 3910 Brookridge Drive, Mechanicsburg, PA 17055, who
is/are the mortgagor(s) and real owner(s), and SUSAN M. YOUNG, 3910
Brookridge Drive, Mechanicsburg, PA 17055, who is/are the record
owner(s) of the mortgaged property hereinafter described.
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3. On July 29, 1994, mortgagor(s) made, executed and
delivered a mortgage upon the premises hereinafter described to
NORWEST MORTGAGE INC., which mortgage is recorded in the Office of
the Recorder of Deeds of Cumberland County in Mortgage Book 1226,
Page 861. By Assignment of Mortgage dated January 24, 1995, the
mortgage was assigned to Plaintiff, which Assignment is recorded in
Assignment of Mortgage Book No. 491, Page 341. These documents are
matters of public record and are incorporated herein by reference
in accordance with Pennsylvania Rule of Civil Procedure 1019(g).
4. The premises subject to said mortgage is described as
attached.
5. The mortgage is in default because monthly payments of
principal and,interest upon said mortgage due November 1, 1999,
and each month thereafter are due and unpaid, and by the terms of
said mortgage, upon default in such payments for a period of one
month, the entire principal balance and all interest due thereon
are collectible' forthwith.
6. The following amounts are due on the mortgage:
Principal Balance
Interest from 10/ 1/99
through 1/31/01 at 9.375%
Per diem interest rate at $25.04
Attorney's Fee at 5%
of Principal Balance
Late Charges 11/ 1/99- 1/31/01
Monthly late charge amount at $42.25
Costs of suit and Title Search
$
97,497.02
12,244.56
4,874.85
633.75
560.00
$ 115,810.18
Escrow Balance
Monthly Escrow amount $169.05
$ 115,810.18
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 Sheriff's
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Sale. If the Mortgage is reinstated prior to the Sale reasonable
Attorney's Fees will be charged based on work actually performed.
8. Notice of Intention to Foreclose and a Notice of
Homeowners' Emergency Mortgage Assistance has been sent to
Defendant(s) by Certified and regular mail, as required by Act 160
of 1998 of the Commonwealth of Pennsylvania, on the date(s) set
forth in the true and correct copy of such notice(s) attached
hereto as Exhibit nAn. The Defendant(s) has/have not had the
required face to face meeting within the required time and
plaintiff has no knowledge of any such meeting being requested by
tue .llefendant CaL through.-the Plaintiff, the Pennsylvania Housing
Finance Agency, or any appropriate Consumer Credit Counseling
Agency.
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure
the sum of $115,810.18, together with interest at the rate of
$25.04, per day and other expenses incurred by the Plaintiff which
are properly chargeable in accordance with the terms of the
mortgage, and for the foreclosure and sale of the mortgaged
premises.
By:
GOLDBECK
BY: Joseph A. Go dn
Attorney for P1ainti
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01/22/~001 MON 09:44 FAX
VERIFICATION
I, E.r:trtt../ee- heft:
as the representative of the
Plaintiff corporation within named do hereby verify that I am
authorized to elHU do make this verification on behalf of the
Plaintiff corporation and the facts set forth ~n the foregoing
complaint are true and correct to the best of my knowledge,
information and belip.f. I understand that false statements therein
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are made subject to the penalties of 18 Pa. C.S. 4904 relating to
unsworn falsificaL.luIl to authorities.
Date:
{-r:23--D/
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#14764909 - YOUNG,JAMES C.
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01~22r2001 MON 09:44 FAX
raJ 007/008
VERIFICATION OF NON-MILITARY SERVICE
The undersigned, as the representative for the Plaintiff
corporation within flallled do hereby verify that I am authorized to
make thi!; verification on behalf of the Plaintiff corporation and
that the facts set forth in the foregoing verif'ication of Non-
Military Service are true ann correct to the best of my knowledge,
information and belief. I understand that false statements therein
.
are made subj eet to penal ties of 18 Pa. C. S. 4904 relating to
unsworn falsification co authorities.
1. That the above named Defendant, JAMES C. YOUNG, is about
unknOWll years of age, that Defendant's last known residence is 3910
Rrookridge Drive, Mechanicsburg, PA 17055 and is engaged in the
unknown business located at unknown address.
2. That Defendant is not in the Military or Naval Service of
the United States or its Allies, or otherwise within the provisions
of the Soldiers' and Sailors' Civil Relief Action of Congress of
1940 and its Amp.ndments.
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Dc,te: 1- ::l-5- DI
11764989 - YOUNG,JAMES C.
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Lel!al Descrintion:
All that certain piece, tract or parcel of land situate, in Hampden Township, County of Cumberland, Commonwealth of
Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the sonthern line of brookridge Drive, which point is at the line diving Lots No. 109 and 110, on the
herein after mentioned Plan of Lots; thence along said dividing Ibie sonth 02 . 41 minutes East 135 feet to a point, thence Sonth
87 degrees 19 minutes West 95 feet to a point; thence North 02 degrees 41 minutes West 135 feet to the southern line of
Brookridge Drive; thence along the same North 87 degrees 19 minutes East 9S feet to the point of Beginning
Being Lot No. 110 on Plan No.9, Ridgeland, said Plan being recorded in the Cumberland County Record's Office in Plan Book
23, Page 59 '
HAVING Thereon Erected a dwelling known and numbered as 3910 Brookridge Drive, erroneously typed in previous deed as
2910 Brookridge Drive.
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_ GE Capital
GE Capital Mortgage Services, Inc.
4680 Hallmark Parkway
San Bernardino CA 92407
EXHIBIT A
Date: 05/02/00
Z 906 274028
000017005102/00
731P9116:001OJ14199
1"111",111,,"1,1"1.1",1,1,,.1111,",,11",.1111,,"1,1,1
~AMES C YOUNG
3910 BROOKRIOGE OR
MECHANICSBURG PA 17055
RE: GE Loan ##: 0014764989
Property: 3910 BROOKRIDGE DR
MECHANICSBU PA 17055
Last Paid: 10/01/99
Please be advised that there are additional expenses that have been incurred but are not reflected below. To request an itemized
accounting of the total amount now due on the loan, please contact our Collections Department
ACT 91 NOTICE TAKE ACTION TO SAVE
YOUR HOME FROM FORECLOSURE
This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific
information about the nature of the default is proided in the attached paj!;es.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (IlEMP) may be able to help to save your home. This
Notice explains how the proj!;1"am works.
To see if HEMAP can help. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30
DAYS OF THE DATE OF TillS NOTICE.
Take this notice with you when you meet with the Counseling Agency.
The name. address and ohone number of Consumer Credit Counselin!! A!!encies servin!! your County are listed at the end of
this Notice. If you have any questions, you may call the Pennsylvania Housinj!; Finance Aj!;ency toll free at 1-800-342-2397.
(Persons with impaired hearing can call (717) 780-1869).
This notice contains important legal information. If you have any questions, representatives at the Consumer Credit
Counseling Agency may be able to explain it. You may also want to contact an attorney in your area. The local bar
association may be able to help you find a lawyer.
La Notification en adjunto es de snma importancia, pures afeeta su derecho a continnar viviendo en su casa. Si no
comprende el contenido de esta notificacion obtenga una traduccion immediatamente I1amando esta agencia
(pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes ser elegible para nn
prestamo por el programa I1amado "Homeowners' Emergency Mortgage Assistance Program" al curaI puede saIvar
su casa de la perdida del derecho a redimir su hipoteca.
HOMEOWNER NAME: JAMES C YOUNG
PROPERTY ADDRESS: 3910 BROOKRIDGE DR
MECHANICSBU PA 17055
LOAN ACCOUNT NO.: 0014764989
CURRENT LENDERlSERVICER: GE Capital Mortgage ServicFs, Inc.
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HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE
WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND
HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR THE EMERGENCY MORTGAGE
ASSISTANCE:
· IF YOUR DEFAULT HAS BEEN CAUSED BY CmCUMSTANCES BEYOND YOUR CONTROL,
. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
· IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYL VANIA
HOUSING FINANCE AGENCY.
TEMPORARY STAY QF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on
your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a
"face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Noticerms
MEETING MUST OCCUR IN THE NEXT THIRTY (3P) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY
MORTGAGE ASSISTANCE. YOU MUST BRING YOuR MORTGAGE UP TO DATE. THE PART OF TillS NOTICE
CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT".EXPLAlNS HOW TO BRING YOUR MORTGAGE UP TO
DATE.
CONSUMER CREDIT COUNSELING AGENCIES --1fyou meet with one of the consumer credit counseling
agencies listed at the end of this notice, the lender ma)!ilOT take action against you for thirty (30) days after the
. date of this meeting. The names addresses and tele hone numbers of desi ated consumer credit couselin a encies for
the conn in which the ro is located are set forth at e end of this Notice. It is only necessary to schedule one
face-to-face meeting. Advise your lender immediately dfyour intentions.
APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in default for the reasons set forth later in
this Notice (see following pages for specific informatiqn about the nature of your default). If you have tried and are
unable to resolve this problem with the lender, you ha\ie the right to apply for financial assistance from the
Homeowner's Emergency Mortgage Assistance Prograjn. To do so, you must fill out, sign and file a completed
Homeowner's Emergency Mortgage Assistance Prograjn Application with one of the designated consumer credit
counseling agencies listed at the end of this Notice. Onily consumer credit counseling agencies have applications for
the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance
Agency. Your application MUST be filed or postmark~d within the thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT
FOLLOW THE OTHER TIME PERIODS SET FORT$IN TmS LETTER. FORECLOSURE MAY PROCEED
AGAINST YOUR HOME IMMEDIATELY AND YOuR APPLICATION FOR ASSISTANCE WILL BE DENIED.
AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed
by the Agency under the eligibility criteria established:by the Act. The Pennsylvania Housing Finance Agency has
sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings
will be pursued against you if you have met the time n;quirements set forth above. You will be notified directly by
the Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED By THE FILING OF A PETITION IN BANKRUPTCY, THE
FOLLOWING PART OF TmS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE
CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have lUed bankruptcy yon can still apply for E~rgency Mortgage Assistance.)
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HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it UP to date).
NATURE OF THE DEFAULT - -The MORTGAGE debt held by the above lender on your property located at:
3910 BROOKRIDGIDR,MECHANICSBTII'A17055,
IS SERIOUSLY IN DEF AUL Tbecause:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
followin!JlIIlountsare nowpastdue: 7
T otalof monthlypaymentsfrom 11/0 1/9910 12/01/99
01/0 1/0010 05/01/00
Including all Accrued late charges,
If any deferred late charges
Property inspections and NSF check
Charges, if any expenses
Other charges accrued, if any (forced placed insurance
Attorney's fees, etc.) Property Preservation
Total
$ 2,028.22
$5,060.65
$ 253.50
$7,342.37
HOW TO CURE THE DEFAULT -- YoumaycurethedefaultwithinTHIRTY (30) DAYS of the date oft his notice
BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICHIS $ 7,342.37,
PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH HAVE BECOME DUE DURING lliE lliIRTY
(30) DAY PERIOD. Pavments must be made either bv cash. cashier's check. certified check or monev order made pavable
and sent to:
GE CapitalMortgageServicesJnc.
625 Maryville Centre Drive
St. Louis, MO 63141
1(800) 317-4322
IF YOU DO NOT CURE THE DEFAULT --If you do not cure the default within THlRTY(30) DAYS of the date of
this Notice, the lender intends to exercise its rillht to accelerate the mort!!a!!e debt. This means that the entire
outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in
monthly installments. lffull payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also
intends to instruct its attorney's to start legal action to foreclose npon your mort!!a!!ed property.
IF THE MORTGAGE.IS FORECLOSED UPON-- The mortgaged property will be sold by the Sheriff to pay the
mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal
proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, upto
$50.00. However, iflegal proceedings are started against you, you will have to pay all reasonable attorney's fees actually
incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender,
which may also include otherreasonable costs. Ifvon cure the default within the THIRTY (30) DAY period. vou will
not be required to pav attornev's fees.
OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other
sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the
THIRTY (30) DAY period and foreclosure proceedings have begun, vou still have the right to cure the default and orevent
the sale at anv time UP to one hour before the Sheriffs Sale. You mav do so bv paving the total amount then past due. plus
any late or other charges then due. reasonable attorneys fees and costs connected with the foreclosure sale and any other
costs connected with the Sheriffs Sale as specified in writing by the lender and by perfonning any other requirements under
the morteaee. Curing your default in the manner set forth in this notice will restore your mortgage to the same
position as if you had never defanlted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that a Sheriffs Sale of the
mortgaged property could be held would be approximately 6 months from the date ofthe Notice. A notice of the actual
date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase
the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the
lender.
0000t70 05102100
73tP9316:0009l13199
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HOW TO CONTACT THE LENDER:
. Name of Lender: GE Capital Mortgage Services, Inc.
Address: 4680 H~Umark Parkway
San Bernardino CA 92407
Phone Number: 1 (800) 351-4322 EXTENSION 6312
Fax Number: (909) 880-4880
Contact Person: LOAN REPRESENTATIVE
EFFECT OF SHERIFF'S SALE - - You should realize~at a Sheriffs Sale will end your ownership of the mortgaged
property and your right to occupy it. If you continue to live the property after the Sheriffs Sale, a lawsuit to remove you
and your furnishings and other belongings could be started y the lender at any time.
.
ASSUMPTION OF MORTGAGE - - You mayor may no sell of transfer your home to a buyer or transferee who will
assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior .
to or at the sale and that the other requirements of the mort ge are satisfied.
YOU MAY ALSO VE THE RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY T pAY OFF THE MORTGAGE DEBT OR TO BORROW
MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
. i
TO HAVE THIS DEFAULT CURED BY ANY THIRIl PARTY ACTING ON YOUR BEHALF.
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TO HAVE lliE MORTGAGE RESTORED TO THE ~E POSITIONS AS IF NO DEFAULT HAD OCCURRED,
IF YOU CURE THE DEFAULT. (HOWEVER, YOU 0 NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT
MORE THAN THREE TIMES IN A CALENDAR YE .)
TO ASSERT THE NONEXISTENCE OF A DEFAULt IN ANY FORECLOSURE PROCEEDING OR ANY OTHER
LAWSUIT INSTITUTED UNDER THE MORTGAG~ DOCUMENTS.
,
TO ASSERT ANY OTHER DEFENSE YOU BELIEYjo YOU MAY HAVE TO SUCH ACTION BY THE LENDER.
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TO SEEK PROTECTION UNDER THE FEDERAL Bj\NKRUPTCY LAW.
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API' NDIX C
PENNSYLVANIA H USING FINANCE AGENCY
HOMEOWNER'S EMERGENCY ORTGAGE ASSISTANCE PROGRAM
CONSUMER CREDI COUNSELING AGENCIES
CUMBERLAND COUNTY
CCCS,'OF Western Pennsylvania. Inc
2000 LinglestO\'ln Road
Harrisburg, PA 17102
(717) 541-1757
FAX (717) 541-467
Financial Counseling Servo of Franklin
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
Urban League of Metropolitan Harrisburg
North 6th Street
Harrisburg, PA 17101
(717) 234-5925
FAX (717) 234-9459
YWCA of Carlisle
301 G Street
Carlisle, PA 17013
(717) 243-3818
FAX (717) 731-9589
Community Action Comm of the Capital Region
1514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
FAX (717) 234-2227
Adams County Housing Authority
139-143 Carlisle St
Gettysburg, PA 17325
(717) 344-1518
??oo170 ()5/02/00
731P9416:0011102I99
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EXH'1BIT A
ACT 91 NOTICE
DATE OF NOTICE: 1/24/01
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mortgage on your home is in default. and the
lender intends to foreclose. Specific information about the nature of the default is
provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) may
be able to help to save your home. This Notice explains how the program works.
To see if HEMAP can help. you must MEET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take
this Notice with you when you meet with the Counseling Agency.
The name. address an phone number of Consumer Credit Counseling: Agencies
serving your County are listed at the end of this Notice. If you have any Questions. YOU
may call the Pennsylvania Housing Finance Agencv toll free at 1-800-342-2397. (Persons
with impaired hearing can call (717) 780-1869.)
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain
it. You may also want to contact any attorney in your area. The local bar association
may be able to help you find a lawyer.
La notificacion en adjunto es de suma importancia, pues afecta su derecho a
continuar viviendo en su casa. Si no comprende el contenido de esta notification obtenga
una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance
Agency) sin cargos al numero mencionada arriba. Puedes ser elegible para un prestamo
por el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el cual
puede salvar su cas a de la perdida del derecho a redimir su hipoteca.
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Prepared by: GOLDBECK McCAFFERTY & McKEEVER
Suite 500 - The Bourse Bldg.
III S. Independence Mall East
Philadelphia, P A 19106
Fax (215) 627-7734
Date: January 24, 2001
Homeowners Name: JAMES C. YOUNG
Record Owners Name: SUSAN M. YOUNG
Property Address: 3910 Brookridge Drive, Mechanicsburg, P A 17055
Loan Account No.: 14764989
Original Lender: NORWEST MORTGAGE INC.
Current LenderlServicer: GE CAPITAL MORTGAGE SERVS. INC.
HOMEOWNERS'
EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL
ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE
MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE
ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
* IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND
YOUR CONTROL,
* IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
* IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY
THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary
stay of foyeclosure on your mortgage foy thirty (30) days from the date of this Notice. During
that time you must arrange and attend a "face-to-face" meeting with one of the designated
consumer credit counseling agencies listed at the end of this Notice.
THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO
NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING
YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO
2
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CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR
MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the
consumer credit counseling agencies listed at the end of this notice, the lender may NOT take
action against you for thirty (30) days after the date of this meeting. The names. addresses and
telephone numbers of designated consumer credit counseling agencies for the county in which
the property is located are set forth at the end of this Notice. It is only necessary to schedule one
face-to-face meeting. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for
the reasons set forth later in this Notice (see following pages for specific information about the
nature of your default.) If you haye tried and are unable to resolve this problem with the lender,
you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage
Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's
Emergency Assistance Program Application with one of the designated consumer credit
counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies
have applications for the program and they will assist you in submitting a complete application
to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked
within thirty (30) days of your fact-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO
OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS
LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY
AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very
limited. They will be disbursed by the Agency under the eligibility criteria established by the
Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it
receives your application. During that time, no foreclosure proceedings will be pursued against
you if you have met the time requirements set forth above. You will be notified directly by the
Pennsylvania Housing Finance Agency of its decision on your application.
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HOW TO CURE YOUR MORTGAGE DEFAULT (Brinl! it UP to date).
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your
property located at: 3910 Brookridge Drive. Mechanicsburg. PA 17055 IS SERIOUSLY IN
DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following
months and the following amounts are now past due:
(a) Monthly payment from II/ 1/99 thru 1/24/01
(15 mos. at $1,014.1l/month)
(b) Late charges from II/ 1/99 thru 1/24/0 I
(15 mos. at $42.25/month)
(c) Other charges; Escrow, Inspec., NSF Checks
(d) Other provisions of the mortgage obligation, if any
(e) TOTAL AMOUNT OF (a) (b) and (c) REQUIRED AS OF TillS DATE
$15,211.65
633.75
$15,845.40
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS
of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE
LENDER WHICH IS $15.845.40, PLUS ANY MORTGAGE PAYMENTS AND LATE
CHARGES WHICH BECOME DUE DURING THE TillRTY (30) DAY PERIOD. Pavments
must be made either bv cash. cashier's check. certified check or monev order made pavable and
sent to:
GE CAPITAL MORTGAGE SERVS. INe.
4680 Hallmark Parkway
San Bernardino, CA 92407
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default
within TillRTY (30) DAYS of the date of this Notice, the lender intends to exercise its ril!hts
to accelerate the mortl!al!e debt. This means that the entire outstanding balance of this debt
will be considered due immediately and you may lose the chance to pay the mortgage in monthly
installments. If full payment of the total amount past due is not made within THIRTY (30)
DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your
mortl!al!ed property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by
the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you
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cure the delinquency before the lender beings legal proceedings against you, you will still be
required to pay the reasonable attorney's fees that were actually incurred, up to $50.00.
However, if legal proceedings are started against you, you will have to pay all reasonable
attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees
will be added to the amount you owe the lender, which may also include other reasonable costs.
If yOU cure the default withiu the THIRTY (30) DAY period. you will uot be required to
pav attoruev's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid
principal balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured
the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, vou
still have the right to cure the default and prevent the sale at anv time UP to one hour before the
Sheriffs Sale. You may do so bv paving the total amount then past due. plus any late or other
charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and anv
other costs connected with the Sheriff s Sale as specified in writing bv the lender and bv
performing anv other requirements under the mortgage. Curing your default in the manner
set forth in this notice will restore your mortgage to the same position as if you had never
defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that
such a Sheriffs Sale of the mortgaged property could be held would be approximately four (4)
to six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs
Sale will be sent to you before the sale. Of course, the amount needed to cure the default will
increase the longer you wait. You may find out at any time exactly what the required payment
or action wiIl by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: GE CAPITAL MORTGAGE SERVS. INC.
Address: 4680 Hallmark Parkwav
Phone Number: 800-934-4322
Fax Number: (909) 473-6102
Contact Person: Daralee Kreft
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your
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ownership of the mortgaged property and your right to occupy it. If you continue to live in the
property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other
belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or
transferee who will assume the mortgage dept, provided that all the outstanding payments,
charges and attorney's fees and costs are paid prior to or at the sale and that the other
requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
* TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE
MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION
TO PAY OFF THIS DEBT.
* TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON
YOUR BEHALF.
* TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF
NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO
NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN
ANY CALENDAR YEAR.)
* TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY
FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE
MORTGAGE DOCUMENTS.
* TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO
SUCH ACTION BY THE LENDER.
* TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
Contact Person: Daralee Kreft
Phone Number: 800-934-4322
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PENNSYLV ANlA HOUSING FINANCE AGENCY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
CUMBERLAND COUNTY
CCCS OF WESTERN PENNSYLVANIA INC.
2000 Linglestown Road
Harrisburg, PAl 71 02
(717) 541-1757
URBAN LEAGUE OF ME1ROPOLITAN HARRISBURG
2107 N. 6th Street
Harrisburg, P A 17101
(717) 234-5925
FAX (717) 234-9459
COMMUNITY ACTION COMM OF lliE CAPITAL REGION
1514 DeITy Street
Harrisburg, P A 171 04
(717) 23~-9757 '
FAX 234-2227
FINANGIAL COUNSELING SERVICES OF FRANKLIN
31 West 3rd Street
Waynesboro, P A 17268
(71 7) 762-3285
YWCA OF CARLISLE
30 I G Street
Carlisle, P A 17013
(71 7) 243-3818
FAX (717)731-9589
ADAMS COUNTY HOUSING AUTHORITY
139-143 Carlisle Street
Gettysburg, PA 17325
(717) 334-1518
FAX (71 7) 334-8326
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-01225 P
,
j COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GE CAPITAL MORTGAGE SERVS INC
VS
YOUNG JAMES C ET AL
WILLIAM DIEHL
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsy1vania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
YOUNG JAMES C
the
DEFENDANT
, at 1930:00 HOURS, on the 8th day of March
, 2001
at 3500 ADA DRIVE
ENOLA, PA 17025
by handing to
JAMES C YOUNG
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
Service
Affidavit
Surcharge
18.00
9.30
.00
10.00
.00
37.30
So Answers:
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R. Thomas Kline
03/12/2001
JOSEPH GOLDBECK JR.
Sworn and Subscribed to before
By:
De~j:d)
me this 211b
day of
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-01225 P
I COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GE CAPITAL MORTGAGE SERVS INC
VS
YOUNG JAMES C ET AL
WILLIAM DIEHL
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
YOUNG SUSAN M
the
DEFENDANT
, at 1930:00 HOURS, on the 8th day of March
2001
at 3500 ADA DRIVE
ENOLA, PA 17025
by handing to
JAMES C YOUNG - 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
Service
Affidavit
Surcharge
So Answers:
6.00
.00
.00
10.00
.00
16.00
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R. Thomas Kline
Sworn and Subscribed to before
03/12/2001
JOSEPH GOLDBECK JR.
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Depu riff
By:
me this )7 ~ day of
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GOLDBECK McCAFFERTY & McKEEVER
By: Joseph A. Goldbeck, Jr.
Attorney I.D. #16132
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
(2151 h?7-1322
GE Capital Mortgage Services, Inc.
4680 Hallmark Parkway
San Bernardino, CA 92407
Vs.
James C. Young (Mortgagor and Real Owner)
3500 Ada Drive
Mechanicsburg, PA 17050
Susan M. Young (Real Owner only)
3500 Ada Drive
Mechanicsburg, PA 17050
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ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO 01-1225-Civi1 Ter-m
PRAECIPE FOR JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the plaintiff and against
James C. Young (Mortgagor and Real Owner) and Susan M. Young
(Real Owner only), Defendants for failure to file an Answer to Plaintiff's
complaint within 20 days (or 60 days if defendant is the United States of
America) from the date of service of the complain and for foreclosure and
sale of the mortgaged premises, and assess Plaintiff's damages as follows:
~
As set forth in Complaint
Interest - 2/1/01 - 5/15/01
Late Charges
Escrow Debit
TOTAL
$115,810.18
$ 2,604.16
$ 169.00
$ 676.20
$119,259.54
I hereby certify that (1) the addresses of the Plaintiff and
Defendants are as shown above, and (2) that notice has been given in
accordance with Rule 237.1, copy attached.
oldbeck, Jr.
r Plaintiff
DATE:
may /p I .;l.DoJ
1NDITID. k ~
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PRO PROTHY
DAMAGES ARE HEREBY ASSESSED AS
I hereby certify that the above names are correct and that the
precise residence address of the judgment creditor is 4680 Hallmark
parkway, San Bernardino, CA 92407 and that the names and last known
addresses of the Defendants is:
James C. Young (Mortgagor and Real Owner)
3500 Ada Drive, Mechanicsburg, PA 17050
susan M. Young (Real Owner only)
3500 Ada Drive, Mechanicsburg, PA 17050
Goldbeck, Jr.
for Plaintiff
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TO: JAMES C. YOUNG
3910 Brookridge Drive
Mechanicsburg, PA 17055
GE CAPITAL MORTGAGE SERVS. INC.
4680 Hallmark Parkway
San Bernardino, CA 92407
Plaintiff
vs.
JAMES C. YOUNG (Mortgagor(s))
SUSAN M. YOUNG AND JAMES C. YOUNG
(Record Owner(s))
3910 Brookridge Drive
Mechanicsburg, PA 17055
Defendant (s)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
Term
No. 01-1225 CIVIL TERM
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A
DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED
FOR THE PURPOSE OF COLLECTING THE DEBT.
TO: JAMES C. YOUNG
3910 Brookridge Drive
Mechanicsburg, PA 17055
DATE OF THIS NOTICE: March 29, 2001
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 Bar Association
2 Liberty Avenue, Carlisle, PA
(800) 990-9108
/s/ JOdeph -A. goldbeck. Jr.
GOLDBECK McCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr., Esq.
Attorney for Plaintiff
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
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TO : JAMES C. YOUNG
3500 Ada Drive
Mechanicsburg, PA 17050
GE CAPITAL MORTGAGE SERVS. INC.
4680 Hallmark Parkway
San Bernardino, CA 92407
Plaintiff
vs.
JAMES C. YOUNG (Mortgagor(s))
SUSAN M. YOUNG AND JAMES C. YOUNG
(Record Owner(s))
3910 Brookridge Drive
Mechanicsburg, PA 17055
Defendant(s)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
Term
No. 01-1225 CIVIL TERM
THIS LAW FIRM IS A DEBT COLLECTOR 1lND WE ARE ATTEMPTING TO COLLECT A
DEBT OWED TO OUR CLIENT. ANY INFORMATION OIlTAINED FROM YOU WILL BE USED
FOR THE PURPOSE OF COLLECTING THE DEBT.
TO: JAMES C. YOUNG
3500 Ada Drive
Mechanicsburg, PA 17050
DATE OF THIS NOTICE: March 29, 2001
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 Bar Association
2 Liberty Avenue, Carlisle, PA
(800) 990-9108
/s/ JOdeph --4. (jotdteck. Jr.
GOLDBECK McCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr., Esq.
Attorney for Plaintiff
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
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TO: SUSAN M. YOUNG
3500 Ada Drive
Mechanicsburg, PA 17050
GE CAPITAL MORTGAGE SERVS. INC.
4680 Hallmark Parkway
San Bernardino, CA 92407
Plaintiff
vs.
JAMES C. YOUNG (Mortgagor(s))
SUSAN M. YOUNG AND JAMES C. YOUNG
(Record Owner(s))
3910 Brookridge Drive
Mechanicsburg, PA 17055
Defendant(s)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
Term
No. 01-1225 CIVIL TERM
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A
DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED
FOR THE PURPOSE OF COLLECTING THE DEBT.
TO: SUSAN M. YOUNG
3500 Ada Drive
Mechanicsburg, PA 17050
DATE OF THIS NOTICE: March 29, 2001
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 Bar Association
2 Liberty Avenue, Carlisle, PA
(800) 990-9108
/s/ JOdeph ..A. (lotdteck. Jr.
GOLDBECK McCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr., Esq.
Attorney for Plaintiff
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
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TO: SUSAN M. YOUNG
3910 Brookridge Drive
Mechanicsburg, PA 17055
GE CAPITAL MORTGAGE SERVS. INC.
4680 Hallmark Parkway
San Bernardino, CA 92407
Plaintiff
vs.
JAMES C. YOUNG (Mortgagor(s))
SUSAN M. YOUNG AND JAMES C. YOUNG
(Record Owner(s))
3910 Brookridge Drive
Mechanicsburg, PA 17055
Defendant (s)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
Term
No. 01-1225 CIVIL TERM
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A
VEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED
FOR THE PURPOSE OF COLLECTING THE DEBT.
TO: SUSAN M. YOUNG
3910 Brookridge Drive
Mechanicsburg, PA 17055
DATE OF THIS NOTICE: March 29, 2001
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 Bar Association
2 Liberty Avenue, Carlisle, PA
(800) 990-9108
/s/ JOdeph A. (jotdteck. Jr.
GOLDBECK McCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr., Esq.
Attorney for Plaintiff
Suite 500 - The Bourse Bldg.
III S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
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GOLDBECK, MCCAFFERTY & MCKEEVER
By: Joseph A. Goldbeck, Jr.
Attorney I.D. #16132
Suite 500-The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
(215) 6/.7-1 :l/.2
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
GE Capital Mortgage Services, Inc.
Vs.
No. 01-1225-Civil Term
James C. Young (Mortgagor and Real Owner)
Susan M. Young (Real Owner only)
CUMBERLAND COUNTY
VERIFICATION OF NON-MILITARY SERVICE
JOSEPH A. GOLDBECK, JR., 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 defendants 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 James C. Young (Mortgagor and Real
Owner), is over 18 years of age, and resides at
3500 Ada Drive,Mechanicsburg, PA 17050.
(c) that defendant Susan M. Young (Real Owner only),
is over 18 years of age, and resides at
3500 Ada Drive, Mechanicsburg, PA 17050.
This statement is made subject to the penalties of 18
Pa. C.S. Section 4904 relating to unsworn falsification to
authorities.
GOLDBECK, JR.
for Plaintiff
May 15, 2001
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(Rule of Civil Procedure No. 236) - Revised
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
GE Capital Mortgage Services, Inc.
, Plaintiff
Vs.
: NO. 01-1225-civil Term
James C. Young (Mortgagor and Real Owner)
Susan M. Young (Real Owner only)
, Defendant(s)
Notice is given that a Judgment in the above captioned
matter has been entered against you on May
If
, 2001.
'-Ry' -L2~A~~ ~Y
If you have any questions concerning this matter please
contact:
**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, THIS IS NOT
AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,
BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. **
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PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P. 3180-3183
GE Capital Mortgage
Services, Inc.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
Plaintiff
NO: 01-1225-Civil Term
Vs.
James C. Young
(Mortgagor and Real Owner)
Susan M. Young (Real Owner only)
Defendant(s)
PRAECIPE FOR WRIT OF EXECUTION
(MORTGAGE FORECLOSURE)
TO THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
Interest from 5/15/01 to sale date
at $19.60 per diem
Total
$119,259.54
$
$
and Costs
oldbeck, Jr.
Su e 5 -The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
Attorney for Plaintiff
Note: Please attach description of property.
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ALL THAT CERTAIN piece, tract or parcel ofland situate in Hampden Township,
County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and
described as follows, to wit:
BEGINNING at a point on the southern line ofBrookridge Drive, which point is at the
line dividing Lots Nos. 109 and 110, on the hereinafter mentioned Plan of Lots; thence
along said dividing line South 02 degrees 41 minutes East 135 feet to a point; thence
South 87 degrees 19 minutes 95 feet to a point; thence North 02 degrees 41 minutes West
135 feet to the southern line ofBrookridge Drive; thence along the same North 87
degrees 19 minutes East 95 feet to the place of BEGINNING.
Having thereon erected a dwelling known and numbered as 3910 Brookridge Drive,
erroneously typed in previous deed as 2910 Brookridge Drive.
Tax Parcel # 10-17-1035-112
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GOLDBECK, MCCAFFERTY & MCKEEVER
By: Joseph A. Goldbeck, Jr.
Attorney I.D. #16132
Suite SOO-The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
(215) fi27-11::!::!
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
GE Capital Mortgage Services, Inc.
Vs.
CUMBERLAND COUNTY
CIVIL DIVISION
NO. 01-1225-Civil Term
James C. Young (Mortgagor and Real Owner)
Susan M. Young (Real Owner only)
CF.RTTFICATTON
JOSEPH A. GOLDBECK, JR., ESQUIRE, hereby states that he is
the 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:
( ) 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. ~ 4904 relating to unsworn falsification to authorities.
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Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
Vs.
James C. Young (Mortgagor and Real OWner)
Susan M. Young (Real OWner only) NO. Ol-l225-Civil Term
Defendant(s)
AFFIDAVIT PURSUANT TO RULE 3129.1
GE C~ital Mortgage Services. Inc., plaintiff in the above
action, by its attorney, Joseph Goldbeck, Jr., Esquire, sets forth
as of the date the Praecipe for the Writ of Execution was filed
the following information concerning the real property located at
3910 Brookriqge Drive. Mechanicsburg. PA 17055.
1. Name and address of owner(s) or reputed owner (s):
Name
Address (if address cannot be reasonably
ascertained, please so indicate)
,Tames. C. Young
(Mortgagor and Real OWnerl
3500 Ada Drive
Mechanicsburg. PA 17050
Susan M. Young (Real OWner onlyl
3500 Ada Drive
Mechanicsburg. PA 17050
2. Name and address of defendant(s) in the judgment:
Name
Address (if address cannot be reasonably
ascertained, please so indicate)
SAME AS ABOVE
3. Name and address of every judgment creditor whose judgment
is a record lien on the real property to be sold:
Name
Address (if address cannot be reasonably
ascertained, please so indicate)
NQne
4. Name and address of the last recorded holder of every
mortgage of record:
Name
Address (if address cannot be reasonably
ascertained, please so indicate)
NQne
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Name and address of every other person who has any record
lien on the property:
Name
Address (if address cannot be reasonably
ascertained, please so indicate)
HQne
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
Address (if address cannot be reasonably
ascertained, please so indicate)
Cumberland County Dept. of
Domestic Relations
P.O. Box 320
Carlisle. PA 17013
Pa D~t. of Public Welfare
Bureau of Child SQpport Enforcement
Health and Welfare Blqg. Room 432
P.O. Box 2675
Harrisburg. PA 17105
7. Name and address of every other person of whom the
plaintiff has knowledge that has any interest in the
property that may be affected by the sale:
Name
Address (if address cannot be reasonably
ascertained, please so indicate)
HQne
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. #4904 relating to unsworn
falsification to authorities.
May 15, 2001
.
Goldbeck, Jr.
or Plaintiff
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GOLDBECK McCAFFERTY & McKEEVER
By: Joseph A. Goldbeck, Jr.
Attorney I.D. #16132
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
(215) f;27-13??
ATTORNEY FOR PLAINTIFF
GE Capital Mortgage Services, Inc.
Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
Vs.
James C. Young (Mortgagor and Real Owner)
Susan M. Young (Real Owner only) NO.01-1225-Civil Term
Defendant(s)
NOTICE OF SHF.RIF'F" S SAT,E OF' RF.AT, F.S'TA'TF.
TO: James C. Young (Mortgagor and Real Owner)
3500 Ada Drive
Mechanicsburg, PA 17050
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, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO
BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF
A LIEN AGAINST PROPERTY.
Your house (real estate) at 3910 Brookridge Drive.
Me~hanicsburg. PA 17055. is scheduled to be sold at the Sheriff's
Sale on September 5. 2001 at 10:00 a.m., in Cumberland Countl'
Cumberland County Courthouse, Commissioners Hearing Room, 2"
Floor, Carlisle, PA 17013 to enforce the court judgment of
$119.259.54 obtained by GE C~ital Mortgage Services. Inc. (the
mortgagee) against you.
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:
1. The sale will be cancelled if you pay to the mortgagee the
Back payments, late charges, costs and reasonable attorneys
Fees due. To find out how much you must pay, you may call:
(2151 627-1322
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.
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You may need an attorney to assert your rights. The sooner
you contact one, the more chance you will have of stopping the
sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale
sold to the highest bidder.
calling (21S) h27-1322
is not stopped, your property will be
You may find out the price bid by
2. You may be able to petition the Court to set aside the sale
if the bid price was grossly inadequate compared to the value of
your property.
3. The sale will go through only if the buyer pays the Sheriff
the full amount due in the sale. To find out if this has
happened, you may call the Sheriff's office at (717) 240-h390.
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 this 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 proposed schedule of distribution of the money
bid for your house will be prepared 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 posting of the Schedule of Distribution.
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 Bar Association
2 Liberty Avenue
Carlisle, PA 17103
(800) 990-9108
Legal Services, Inc.
8 Irvine Row
Carlisle, PA 17103
(717) 243-9400
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GOLDBECK McCAFFERTY & McKEEVER
BY, Jos~h ~. Goldbeck, Jr.
Attorney I.D.#16132
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
GE CAPITAL MORTGAGE SERVS. INC.
4680 Hallmark Parkway
San Bernardino, CA 92407
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
JAMES C. YOUNG
(Mortgagor and Real Owner)
SUSAN M. YOUNG (Real Owner only)
3910 Brookridge Drive
Mechanicsburg, PA 17055
Defendants
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
Term
No. 01-1225 CIVIL TERM
CERTIFICA~E OF SERVICE
PURSUANT TO Pa.~.C.P. 3129.2(c) (2)
Joseph A. Goldbeck, Jr., Esqui:re, Attorney for Plaintiff, hereby
certifies that service on the Defendants of the Notice of Sheriff Sale was
made by:
( ) Personal Service by the Sheriff's Office/competent adult (copy of
" return attached) .
(41 ) Certified mail by Joseph A. Goldbeck, Jr. (original green Postal
return receipt attached).
Certified mail by Sheriff's Office.
Ordinary mail by Joseph A. ~oldbeck, Jr., Esquire to Attorney for
Defendant(s) of record (proof of mailing attached).
Acknowledgment of Sheriff's Sale by Attorney for Defendant(s) (proof
of acknowledgment attached).
Ordinary mail by Sheriff's Office to Attorney for Defendant(s) of
record.
IF SERVICE WAS ACCOMPLISHED BY COURT ORDER.
( ) Premises was posted by Sheraff's Office/competent adult (copy of
return attached).
Certified Mail & ordinary mail by Sheriff's Office (copy of return
attached) .
Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original
receipt(s) for Certified Maa1 attached).
Pursuant to the Affidavit under Rule 3129 (copy attached), service on all
lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck,
Jr., Esquire (copies of proofs of mailing attached).
The undersigned understands that the sta ments herein are subject to the
penalties provided by 18 P.S. Section 04
submitted,
cCAFFERTY & McKEEVER
ph A. Goldbeck, Jr.
for Plaintiff
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TO: JAMES C. YOUNG
3500 Ada Drwe, '
MechaniCSburg, PA 17050
CUMBERLAND
SENDER:
REFERENCE:
GOLDBECK MCCAFFERTY & McKEEVER'
May 15, 2001
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, TO: SUSAN M. YOUNG
:.;;, '. 3500 Ad~ Drive~
Mechanicsburg, PA 17050
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Form 3800 June 2000 9/ S/01 -
RETURN Postage
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GE Capital Mortgage Services, Inc.
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Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
Vs.
James C. Young (Mortgagor and Real Owner)
Susan M. Young (Real Owner only) NO. Ol-1225-Civil Ter.m
Defendant(s)
AFFIDAVIT PURSUANT TO RULE 3129.1
GE Cqpital Mortgage Services. Inc., Plaintiff in the above
action, by its attorney, Joseph Goldbeck, Jr., Esquire, sets forth
as of the date the Praecipe for the Writ of Execution was filed
the following information concerning the real property located at
3910 Brookridge Drive. Mechanicsburg. PA 17055.
1. Name and address of owner(s) or reputed owner (s):
Name
Address (if address cannot be reasonably
ascertained, please so indicate)
James C. Young
(Mortgagor and Real Owner)
3500 Ada Drive
Mechanicsburg. PA 17050
Susan M. Young (Real OWner only)
3500 Ada Drive
Mechanicsburg. PA 17050
2. Name and address of defendant(s) in the judgment:
Name
Address (if address cannot be reasonably
ascertained, please so indicate)
SAME AS ABOVE
3. Name and address of every judgment creditor whose judgment
is a record lien on the real property to be sold:
Name
Address (if address cannot be reasonably
ascertained, please so indicate)
l'lQna
4. Name and address of the last recorded holder of every
mortgage of record:
Name
Address (if address cannot be reasonably
ascertained, please so indicate)
l'lQna
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Name and address of every other person who has any record
lien on the property:
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Name
Address (if address cannot be reasonably
ascertained, please so 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
Address (if address cannot be reasonably
ascertained, please so indicate)
Cumberland Coun~~ Dept. of
DomAS tic Relations
P.O. Box 320
Carlisle. PA 17013
Pa Dept. of Public Welfare
Bureau of Child S'w.port Enforcement
Health and Welfare Bldg. Room 432
P.O. Box 2675
HarrisbUrg. PA 17105
7. Name and address of every other person of whom the
plaintiff has knowledge that has any interest in the
property that may be affected by the sale:
Name
Address (if address cannot be reasonably
ascertained, please so indicate)
NQne
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. #4904 relating to unsworn
falsification to authorities.
May 15, 2001
Goldbeck, Jr.
or Plaintiff
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GE Capital Mortgage Services, Inc.
VS
James C. Young and Susan M. Young
In The Court of Common Pleas of
Cumberland County, Permsylvania
Writ No. 2001-1225 Civil Term
Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states
on June 5, 2001 at 6:46 o'clock P.M., EDST, he served a true copy of the Real Estate
Writ, Notice and Description in the above entitled action upon one of the within named
defendants, to wit: James C. Young, by making known unto James C. Young at 3500
Ada Drive, Mechanicsburg, Cumberland County, Permsylvania, its contents and at the
same time handing to him personally the said true and attested copies of the same.
Michael Barrick, Deputy Sheriff, who being du1y sworn according to law, states
on June 5, 2001 at 6:46 o'clock P.M., EDST, he served a true copy of the Real Estate
Writ, Notice and Description in the above entitled action upon one of the within named
defendants, to wit: Susan M. Young, by making known unto Susan M. young at 3500
Ada Drive, Mechanicsburg, Cumberland County, Permsylvania, its contents and at the
same time handing to her personally the said true and attested copies of the same.
David McKinney, Deputy Sheriff, who being du1y sworn according to law, states
on July 2, 2001 at 3:43 o'clock P.M., EDST, he posted a true copy of the Real Estate
Writ, Notice, Poster and Description on the property of James C. Young and Susan M.
Young, located at 3910 Brookridge Drive, Mechanicsburg, Cumberland County,
Permsylvania, according to law.
R. Thomas Kline, Sheriff, who being du1y sworn according to law, states that he
served the within Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a pendency of the action by regu1ar mail, to one of the
within named defendants, to wit: James C. Young, at his last known address of 3500 Ada
Drive, Mechanicsburg, PA 17050. This letter was mailed under the date of Ju1y 05, 2001
and never returned to the Sheriff's Office.
R. Thomas Kline, Sheriff, who being du1y sworn according to law, states that he
served the within Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a pendency of the action by regu1ar mail, to one of the
within named defendants, to wit: Susan M. Young, at her last known address of3500
Ada Drive, Mechanicsburg, P A 17050. This letter was mailed under the date of Ju1y 05,
200 I and never returned to the Sheriff's Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after
due and legal notice had been given according to law, exposed the within described
premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County,
Permsylvania, on September 5, 2001 at 10:00 o'clock A.M., E.D.S.T., and sold the same
for the sum of $60,000.00 to Attorney Scott A. Dietterick (for Attorney Joseph A.
Goldbeck, Jr.) for GE Capital Mortgage Services, Inc. It being highest bid and best price
received for the same, GE Capital Mortgage Services, Inc. of 4680 Hallmark Parkway,
San Bernardino, CA 92407, being the buyer in this execution, paid SheriffR. Thomas
Kline the sum of $2,015.84.
..~"'"' ^ - ."~.-
Sheriff's 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
Sworn and subscribed to before me
30.00
1,200.00
15.00
15.00
30.00
10.00
.50
1.00
16.51
1.13
15.00
30.00
204.95
169.59
25.66
25.00
26.50
$1,815.84 paid by attorney
10-05-01
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R. Thomas Kline, Sheriff
This 3/~ day of ~
2001,A.D.SbM-. Q. n..,)j,.,,~
Pr notary
BY~Jdti~
R al Es ate Deputy
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WRIT Of EXECUTION and/or ATIACHMENT
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COMMONWEAL T~ OF PENNSVU ~~I~ji; .,' i\j
CbUN1Y OF CUMBERLAND)
.'
NO. 01-' n'i CIVIL la....TI:IlM
CIVIL ACTION - LAW
TO THE SHERIFF OF
Cumberland
COUNTY:
To satisfy the debt, interest and costs due GE Capital Mortgage Services, Inc.
PLAINTlFF(S)
from James C. Young (Mortgagor and Real o.mer) and Susan M. Young (Real o.mer only) ,
. 3500 Ada Drive, Mechanicsburg, PA 17050
DEFENDANT(S)
(t) You are directed to levy upon the property of the defendant(s) and to sell
See Leaal Description
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of
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GARNISHEE(S) as follows:
and to notny the garnishee(s) that: (a) ~I~~llhment has been.issued~ (b) ,tile garhiihee(~ns)hrl; enjoined from paying any
debt to or for the account of the defendaht(s) and from delivering any property of the defendant(s) or otherwise disposing
thereof;
(3) If propertybfthe defimdant(s) noil~vied upon an subject to attachment is found in the possession of anyone other
than a namedgarnishee.y,ou are directedtp notily /1imlherthat helshe has been added as a garniShee and is enjoined as above
stated. .
Amount Due $119,259.54
Interest fran 5/15/01 to sale date at
$19.60 per d1em
Atty's Comm %
LL
$.50
Due Prothy
Other Costs
$1 00
Atty Paid
Plaintiff Paid
5125.30
""'-,,'
Curtis R. Long
Prothonotary. Civil Division
'B\t.:- ,a..a~" E? ~~r--
Deputy
Date: May 18. 2001
REQUESTING PARTY"
Name Joseph A. GOldbeck, Jr;, ,Esq.
SU1te :JUU - The tIOUl;se,,:l;\.Ldg.
Address: III S. Indepooderlce '!vi",,', I<",,,t-
Philadelphia, PA 19106
Attorney for: Plaintiff
Telephone: 215-627-1322
Supreme Court ID No. 16132
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REAL ESTATE SALE No. /(,
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Interest in the real property situated intld.ncpd(}.I1I~
Cumberland County, Pa., known and numbered as: 39 II) &~ f)z(1I'e
fY7~rdJ more fully described on Exhibit "A" flied with
this writ and by this r&ference IIIcorporated h8n1In.
Dat8:..1!J~ ;23. 12 DO 1 By: ~~ ~
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GE Capital Mortgage Services, Inc.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
Plaintiff
Vs.
James C. Young (Mortgagor and Real OWner)
Susan M. Young (Real OWner only) NO. 01-1225-Civil Ter.m
Defendant(s)
AFFIDAVIT PURSUANT TO RULE 3129.1
GE Capital Mortgage Services. Inc., plaintiff in the above
action, by its attorney, Joseph Goldbeck, Jr., Esquire, sets forth
as of the date the Praecipe for the Writ of Execution was filed
the following information concerning the real property located at
3910 Brookriqge Drive. Mechanicsburg. PA 17055.
1. Name and address of owner(s) or reputed owner (s):
Name
Address (if address cannot be reasonably
ascertained, please so indicate)
James C. Young
(Mortgagor and Real Owner)
3500 Ada Drive
Mechanicsburg. PA 17050
Susan M. Young (Real Owner only)
3500 Ada Drive
Mechanicsburg. PA 17050
2. Name and address of defendant(s) in the judgment:
Name
Address (if address cannot be reasonably
ascertained, please so indicate)
SAME AS ABOVE
3. Name and address of every judgment creditor whose judgment
is a record lien on the real property to be sold:
Name
Address (if address cannot be reasonably
ascertained, please so indicate)
Nmle
4. Name and address of the last recorded holder of every
mortgage of record:
Name
Address (if address cannot be reasonably
ascertained, please so indicate)
Nmle
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5. Name and address of every other person who has any record
lien on the property:
Name
Address (if address cannot be reasonably
ascertained, please so indicate)
Nmle
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
Address (if address cannot be reasonably
ascertained, please so indicate)
Cumberland County Dapt. of
Domestic Relations
P.O. Box 320
CarliRle. PA 17013
Pa Dapt. of p,1blic Welfare
Bureau of Child SQpport Enforcement
Health and Welfare Bldg. Room 432
P.O. Box 2675
Harrisburg. PA 17105
7. Name and address of every other person of whom the
plaintiff has knowledge that has any interest in the
property that may be affected by the sale:
Name
Address (if address cannot be reasonably
ascertained, please so indicate)
Nmle
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. e.s. #4904 relating to unsworn
falsification to authorities.
May 15, 2001
.
Goldbeck, Jr.
or Plaintiff
~"",.,
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. GOI.DBECK McCAFFERTY & MCKEEVJ;;R
By: Joseph A. Goldbeck, Jr.
Attorney I.D. #16132
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
(2] 5) 6/.7-1322
ATTORNEY FOR PLAINTIFF
GE Capital Mortgage Services, Inc.
Plaintiff
CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
CIVIL DIVISION
Vs.
James C. Young (Mortgagor and Real OWner)
Susan M. Young (Real Owner only) NO.01-1225-Civil Term
Defendant(s)
NOTICE OF SHERIFF IS SAT,E OF REAr, RSTATE
TO: Susan M. Young (Real Owner only)
3500 Ada Drive
Mechanicsburg, PA 17050
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, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO
BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF
A LIEN AGAINST PROPERTY.
Your house (real estate) at 3910 Brookridge Drive.
Mechanicsburg. PA 17055. is scheduled to be sold at the Sheriff's
Sale on September 5. 2001 at 10:00 a.m., in Cumberland Count)',
Cumberland County Courthouse, Commissioners Hearing Room, 2n
Floor, Carlisle, PA 17013 to enforce the court judgment of
S119.259.54 obtained by GE C~pitalMortgage Services. Inc. (the
mortgagee) against you.
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:
1. The sale will be cancelled if you pay to the mortgagee the
Back payments, late charges, costs and reasonable attorneys
Fees due. To find out how much you must pay, you may call:
(215) 627-1322
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.
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You may need an attorney to'assert your rights. The sooner
you contact one, the more chance you will have of stopping the
sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale
sold to the highest bidder.
calling (215) 627-]122.
is not stopped, your property will be
You may find out the price bid by
2. You may be able to petition the Court to set aside the sale
if the bid price was grossly inadequate compared to the value of
your property.
3. The sale will go through only if the buyer pays the Sheriff
the full amount due in the sale. To find out if this has
happened, you may call the Sheriff's office at (717) 240-6190
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 this 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 proposed schedule of distribution of the money
bid for your house will be prepared 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 posting of the Schedule of Distribution.
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 Bar Association
2 Liberty Avenue
Carlisle, PA 17103
(800) 990-9108
Legal Services, Inc.
8 Irvine Row
Carlisle, PA 17103
(717) 243-9400
~'~....~.-..~-
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ALL THAT CERTAIN piece, tract or parcel ofland situate in Hampden Township,
County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and
described as follows, to wit:
BEGINNING at a point on the southern line of Brookridge Drive, which point is at the
line dividing Lots Nos. 109 and 110, on the hereinafter mentioned Plan of Lots; thence
along said dividing line South 02 degrees 41 minutes East 135 feet to a point; thence
South 87 degrees 19 minutes 95 feet to a point; thence North 02 degrees 41 minutes West
135 feet to the southern line ofBrookridge Drive; thence along the same North 87
degrees 19 minutes East 95 feet to the place ofBEGINNlNG.
Having thereon erected a dwelling known and numbered as 3910 Brookridge Drive,
erroneously typed in previous deed as 2910 Brookridge Drive.
Tax Parcel # 1O-17-1035-112
..~~ ~~"~.
PROOF OF PUBUCATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No, 587, approved May 16,1929), P. L.1784
STATE OF PENNSYLVANIA :
ss.
COUNTY OF CUMBERLAND :
Roger M. Morgenthal, Esquire, Editor ofthe Cumberland Law Journal, of the County
and State aforesaid, being duly sworn, accrlrding to law, deposes and says that the Cumberland
Law Journal, a legal periodical published ill 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 20, 27, AUGUST 3, 2001!
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.
I
Roge/M, Morgenthal, Editor
SWORN TO AND SUBSCRIBED before me this
3 day of AUGUST. 2001
~;.~ & *,dp4./
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". NOTARIAL'~
LOIS E. SNYDER, NoIary Public
CarlaleBom, CumberI8nil County
My CIlmmIIaIon ExpinIe M8rdJ 5;2005
RI!lA!I. 11$1'_ &aLE NO. 16
Writ No, 2001-1225 Civil
GE Capital Mortgage
Services. Inc.
vs,
James C. Y011I1g (Mortgagor
and Real Owner) and
Susan M Young (Real Owner only)
Atty.: Joseph A. Goldbeck, Jr.
AlL TIiAT CERl'AlN piece, tract
or parcel of land situate in Hampden
Township, County of Cumberland,
Commonwealth of Pennsylvania.
more particularly bounded and de-
scribed as follows. to wit:
BEGINNING at a point on the
southem line of Brookridge Drive.
which point is at the line dividiiig
Lots Nos. 109 and 110, on the here-
inafter mentioned Plan of Lots;
thence along said dividing line South
02 d~grees 41 minutes East 135 feet
to a point; thence South 87 degrees
19 minutes 95 feet to a point; thence
North 02 degrees 41 minutes West
135 feet to the southern line of
Brookridge Drive; thence along the
same North 87 degrees 19 minutes
East 95 feet to the place of BEGIN-
NING.
Having thereon erected a dwell-
ing known and nwnbered as 3910
Brookridge Drive. erroneously typed
in previous deed as 2910 Brookridge
Drive.
Tax Parcel #1O-17-1035-112.
, '-
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
James; L. Clark being duly sworn according to law, deposes and says:
That he is the Acounts Receivable Manager 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 Th e
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 andlor Sundayl Metro editions which appeared on the 24th and 31st day(s) of July and the 7th
day(s) of August 2001. 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 co. mran and subsequently duly recorded in
the office for the Recording of Deeds in and for said County of Dauphin in isc laneous Book "M",
Volume 14, Page 317.
t
PUBs ~~:E~~ION ;....................~~.~~;~~:.~./ ..>..C;;J.~~;.~.~~.....~~~.~...~~;..~:~.
A L #16 .' ". TenyL. Ru.soll. N.tary?' U
- _~___~_T~~~! MYC~~~'::~~;;,~".,c 6,2. NO ARY PUBLIC
.-"REA'EST.~SALENo.16 Member Pennsuluania Association ot Netaris .. .
- ~,. . ,.. My commission expires June 6, 2002
.~ Writ No. 2001-1225
Civil Tenn
<'::_'-~''- GE Capital Mortgage
, ...=~__- $en/ices, Inc.
_ v.
- - ---=---- James C. Young
-'=(Morlgagor and Real Owner)
-~=; Susan M. Young
-'e''c (Real Owner only) ,
_:_- Atty: Joseph A. Goldbeck, Jr. E
., DESCRIPTION: f!;
'-.~--j"'~ . , -...- -'fe(
'ALL. -THAT CERTAIN pk~. trac~ or pare#,__
- iand. mtuill~ in Hampdl.'ll Townl>hlp, Coun. ,of
Cumberland. Comnonwcalth of P~n~s,y\~'a,J!l.a: '
_ mC6~fiarticularly bounded and dCl>"nb~d as I
, fo\fows- to wit: "'- r-"';'~Q-r
'NINO at a 1Xlillt on th.c S~Ulh('2,! _I,m::. _. _
n' Drive \>,'bieb pOlOt IS at_ ml.; lm~
"Ws Nos. 109 ami 110. :__t;YI'! the!
",ioli:<! PI,nofLo""hcn",:,lon,g lJblisher's Receipt for Advertising Cost
11 .. SoUth 01 dc"rccs -ll mllluM
l:;'poirit;th~CCSouthg7,de~ Iblisher of The Patriot~News and The Sundav PatriotMNews, newspapers of general
cir . .fe-d ,~? _3 r:~J:~e:-~~t~~ ~ceipt of the aforesaid notice and publication costs and certifies that the same have
1 romutl.~,_v>cst-:~ :-.' ~
bee~::\i~ ~lOOkridgc-orl\J~;-tncn~c along tf ~ar;;~ f
NOfi\l-81 c1<:l!.recs 1 C) mmulcs East 95 f",d hl}'i'l.'
~J(lCC of BEGINN1NG. . d I
!l:1ving thereon erected a dwclhng: known ::tJ1
n({ffibcred as 3910 Brookridge Drive. ~rroneo~5,{:
~:l1ed in previous deed a~ 2910 Brookridge Dn\c,
:mYParcd#)D-ji-I035-1):!. '
CUMBERLAND COUN1Y SHERIFFS OFFICE
CUMBERlAND COUN1Y 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
$
$
$
168.09
1.50
169.59
By....................................................................
~~.-,<, '''1 ~~" ~~
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SCHEDULE OF DISTRIBUTION
SALE NO. 16
Writ No. 2001-1225 Civil Term
GE Capital Mortgage Services, Inc.
VS
James C, Young and Susan M. Young
Filed October 5, 2001
Date of Sale:
Buyer:
Bid Price:
September 05, 2001
GE Capital Mortgage Services Inc.
$60,000.00
Real Debt
Interest
Attorney writ costs
$119,259.54
2,214.80
125.30
Total
$121,599.64
Distribution
Amount Collected
Legal Search
Sheriff's Costs
$2,015.84
....200.00
1,815.84
So Answers:
r~~'~#~
R, Thomas Kline, Sheriff
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TITLE REPORT
THE PREMlSES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING
ITEMS, WIllCR WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY
EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED,
SHERIFF SALE NO. 16
Held Wednesday, September 5, 2001
Date: September 5, 2001
TAXES: Receipts for all taxes for the years 1998 to 2000 inclusive. Taxes for the current year
2001.
WATER RENT:
SEWER RENT
Company assumes no liability for private supply of water or sewer.
Receipts to be produced if services are lienable.
MECHANICS' AND Possible unflled Mechanics Liens and Municipal Claims.
MUNICIPAL CLAIMS
MORTGAGES: Listed Under Other Exceptions Below,
JUDGMENTS: Listed Under Other Exceptions Below.
INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to
dated ,2001, and recorded
,2001, in Cumberland County Deed Book , Page
RECITAL: BEING the same premises which James C. Young, by deed November 28, 1999
recorded December 6, 1994 in the Office of the Recorder of Deeds in and for Cumberland County
in Carlisle, Pennsylvania in Deed Book 115 Page 938 granted and conveyed to James C. Young
and Susan M. Young, husband and wife.
OTHER EXCEPTIONS:
1. The identity and legal competency of parties at the closing of this title should be
established to the satisfaction of the closing attorney acting for this Company,
2. Rights or claims of parties in possession, if any, other than the owner.
3, Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area
and encroachments which an accurate and complete survey would disclose.
4. Payment of State and local Real Estate Transfer Taxes, if required.
5, Public and private rights in the roadbed of Brookridge Drive.
6. Conditions, easements and restrictions shown on or set forth on Plan No.9 of Ridgeland
recorded in Cumberland County Plan Book 23, Page 59.
7. Mortgage in the amount of $101,600.00 given by James C. Young to Norwest Mortgage,
Inc. dated November 29, 1994 recorded August 4, 1995 in Mortgage Book 1226 Page
861. Assigned to G,E, Capitol Mortgage Services, !p.c. by instrument recorded in
Miscellaneous Record Book 491, Page 341.
l'
,
,
-
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Complaint in Mortgage Foreclosure filed by G.E. Capital Mortgage Services as Plaintiff
against James C. Young and Susan M, Young as Defendants in the Office of the
Prothonotary of Cumberland County to file number 2001-1225, Default judgment
entered May 18,2001 in the amount of $119,259.54.
8. Open-end mortgage in the amount of $41,075,00 given by James C. Young and Susan
M. Young to the Provident Bank dated June 18, 1998 recorded July 2,1998 in Mortgage
Book 1465, Page 355,
9. Mortgage in the amount of $11 ,000,00 given by Susan M. Young to TMS Mortgage
Inc. dated June 25, 1999 recorded June 30, 1999 in Mortgage Book 1553, Page 1120.
Assigned to American General Finance, Inc. by instrument recorded in Miscellaneous
Record Book 679, Page 573.
10. Municipal lien file by Hampden Township as Plaintiff against James C. Young and
Susan M. Young as Defendants in the Office of the Prothonotary of Cumberland
County on August 15,2001 to file number 2001-4803 in the amount of $430.21.
11, Rights granted to Pennsylvania Power and Light Company and Bell Telephone
Company of Pennsylvania by instrument recorded in Miscellaneous Record book 160,
Page 627,
12. Rights granted to Bell Telephone Company of Pennsylvania by instrument recorded in
Miscellaneous Record Book 179, Page 463.
13. Rights granted to Bell Telephone Company of Pennsylvania by instrument recorded in
Miscellaneous Record Book 246, Page 551.
14. Rights granted to Pennsylvania Power and Light Company by instrument recorded in
Miscellaneous Record Book 265, Page 521.
15. Rights granted to Bell Telephone Company of Pennsylvania and Pennsylvania Power
and Light Company by instrument recorded in Miscellaneous Record Book 266, Page
537.
16, Satisfactory evidence to be produced that proper notice was given to the holders of all
liens and encumbrances intended to be divested by subject Sheriff Sale,
17. Real estate taxes accruing on and after January 1,2002 not yet due and payable.
It is to be noted that no search of Domestic Relations Records has been made to
determine support arrearages regarding Honse Bill 1412, Act 58 of 1997, nor has any
search been made for environmental liens in Federal District Court.
Robert G. Frey, Agent
Note: This Title Report shall not be valid or bm mg
until countersigned by an authorized signatory.
I~ ~ ~
.
REAL ESTATE SALE NO. 16
Writ No. 2001-1225 Civll
GE Capital Mortgage
Services, Inc.
vs.
James C. Young (Mortgagor
and Real Owner) and
Susan M. Young (Real Owner only)
Atty.: Joseph A Goldbeck, Jr.
.F-
ALL THAT CERTAIN piece, tract
or parcel of land situate in Hampden
Township, County of Cumberland,
Commonwealth of Pennsylvania,
more particularly bounded and de-
sCIibed as follows, to Wit:
BEGINNING at a point on the
southern line of Brookrtdge Drive,
which point is at the line diViding
Lots Nos. 109 and 110, on the here-
inafter mentioned Plan of Lots::
thence along sald dlviding 1me South ,
02 degrees 41 minutes East 135 feeL
to a point; thence South 87 degrees
19 minutes 95 feet to a point; thence
North 02 degrees 41 minutes West:
135 feet to the southern line of'
Brookridge Dlive; thence along the
same North 87 degrees 19 minutes
East 95 feet to the place of BEGIN-
NING.
Having thereon erected a dwell-
ing known and numbered as 3910
Brookridge Olive. erroneously typed
in previous deed as 2910 Brookridge
Drive.
Tax Parcel #10-17-1035-112.
~- j '.
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STATE OF PENNSYLVANIA,
COUN1Y OF CUMBERLAND
} 55.
Robert P Ziegler
I, _____________________________________________________~________________________Flecorderof
Deeds in and for said County and State do 'hereby certify that the Sheriff's Deed in which __n__n________
GE CApital Mtg Serv Ine .
------------------------------------------------______-_____________________________ u thegr.an~
5th
the same having been sold to said grantee on the ________________n___________________________n day of
__~:!'.:..':.~~::_________________________n_ A. D., ;01 __on' under and by virtue of a writ__n__________
Execution . 18th
_______________________________ _______ ___ __ ___ _ _ ISSued on the ___ _ __ n_____ ___ n__n __n __ __ ____ n_
clay of ______~~________________ A. D., 01 _____, out of the Court of Comman Pleas of said County.as of
01
Civil
______________________________.,.__ ___ _____ __ - ____ ____ ___n _____ ____________ ____ __ _ T enn, :
1225 GE CApital Mtg Serv Ine
Number ______________, at the suit of ________n_____,______________________n________________________
James C Young & Susan M
___________________ __________ ___ _ ___ against_ _____ _... _____ __ ___ _______ ____ ______ _ ___ ______ __ __ __ _ is
248 4055
duly recorded in Sheriff's Deed Book No. ______n____' Page ____________.
IN TESTIMONY WHEREOF, I have hereunto
set my hand and seal of said office this ----L1.---- day
~ ~60\
of ____________n___________n___ A. D., ._____
--n+~--I,3"-*t;;~
Recorder of Deeds. C.mberla~d County. Carl:::o,
IAI CommiS$lOll bpllCS tile fint I4ol\dlI 01
_ ~"il.lll.~
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GOLDBECK McCAFFERTY & McKEEVER
A Professional Corporation
By: Michael T. McKeever, Esquire
Attorney LD. # 56129
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, P A 19106
215-627-1322
Attorney for Plaintiff
GE CAPITAL MORTGAGE SERVS. INC.
4680 Hallmark Parkway
San Bernardino, CA 92407
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiff
vs.
JAMES C. YOUNG and SUSAN M.
YOUNG (Mortgagor and Record Owner)
3910 Brookridge Drive
Mechanicsburg, P A 17055
NO. 01-1225
Defendant
and
PROVIDENT BANK
407 Vine Street
Cincinnati, OH 45202
Respondent
PETITION OF PLAINTIFF TO
CONFIRM SHERIFF'S SALE AND FOR OTHER RELIEF
Plaintiff, GE Capital Mortgage Servs. Inc., by counsel, moves this Honorable Court to
confirm the Sheriffs Sale and for other relief and assigns the following reasons therefore:
1. Plaintiffs Complaint in Mortgage Foreclosure was filed on March 2, 2001.
2. The real property foreclosed upon is located at 3910 Brookridge Drive,
Mechanicsburg, P A 17055.
3. On or about May 18, 2001, an in rem judgment in mortgage foreclosure was
entered in favor of Plaintiff and against Defendant in the amount of$119,259.54.
""-,-.
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4. The Sheriffs Sale of the property was held on September 5, 2001 and Plaintiff was
the successful bidder in the amount of $60,000.00
5. After the sale, Plaintiff discovered that Respondent Provident Bank had not been
mailed a notice of Sheriff s Sale.
6. The Notice of Sale was posted upon the property and was advertised in the legal
newspaper and general circulation newspapers of Cumberland County on three occasions in the
month before the sale.
7. It is believed and therefore averred, that Respondent knew, or should have known
through the exercise of due diligence, about the Sheriff s Sale and chose not to bid at the sale.
8. Respondent Provident Bank either chose not to bid or it would not have bid at the
September 5, 2001 Sheriffs Sale as there was little or no equity over and above the first mortgage
interest of Plaintiff. Plaintiffs judgment is $119,259.54, plus costs of the sale of $2,015.84, for a
total of $121,275.38. Plaintiffs assignee has the property under an agreement of Sale for a net sale
price of$129,500.00, less an $8,000.00 realtor commission and other costs. Plaintiff is recovering
less than $121,500.00 on the resale ofthe property.
9. Respondent has been offered the opportunity to purchase Plaintiffs lien position
and has refused to do so.
WHEREFORE, Plaintiff prays that the Court enter the attached order confirming
the Sheriff s Sale.
Respectfully submitted,
GOLDBECK McCAFFERTY McKEEVER
(
By:
MICHAEL T. cKEEVER, ESQUIRE
Attorney for Plaintiff
"
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GOLDBECK McCAFFERTY & McKEEVER
A Professional Corporation
By: Michael T. McKeever, Esquire
Attorney LD. # 56129
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, P A 19106
215-627-1322
Attorney for Plaintiff
GE CAPITAL MORTGAGE SERVS. INC.
4680 Hallmark Parkway
San Bernardino, CA 92407
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiff
vs.
JAMES C. YOUNG and SUSAN M.
YOUNG (Mortgagors and Real Owners)
3910 Brookridge Drive
Mechanicsburg, P A 17055
NO. 01-1225
Defendants
and
PROVIDENT BANK
407 Vine Street
Cincinnati, OH 45202
Respondent
VERIFICATION
Michael T. McKeever, Esquire, hereby states that he is the attorney for Plaintiff herein, and
that all of the facts set forth within the attached Motion to Confirm Sale and divest the lien are true
and correct to the best of his knowledge, information and belief. The undersigned understands that
the foregoing statements are made subject to the penalties of 18 P.S. Section 4904.
~t.~
GOLDBECK McCAFFERTY McKEEVER
Michael T. McKeever, Esquire
1iliIIlllilll..
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GOLDBECK McCAFFERTY & McKEEVER
A Professional Corporation
By: Michael T. McKeever, Esquire
Attorney LD. # 56129
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
GE CAPITAL MORTGAGE SERVS. INC.
4680 Hallmark Parkway
San Bernardino, CA 92407
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiff
vs.
JAMES C. YOUNG and SUSAN M.
YOUNG (Mortgagor and Record Owner)
3910 Brookridge Drive
Mechanicsburg, P A 17055
NO. 01-1225
Defendants
and
PROVIDENT BANK
407 Vine Street
Cincinnati, OH 45202
Respondent
MEMORANDUM OF LAW
Respondent did not receive notice of the sale by mail pursuant to Pa,RC.P, 3129 and
therefore a lien interest may not have been discharged or divested by the Sale. This has created a
cloud on Plaintiffs title and prevented Plaintiff and/or its investor from conveying title to any other
party.
There is no equity over and above the Plaintiffs lien which would have benefited the
Respondent even if proper notice was given and Respondent had appeared and bid at the sale.
Accordingly, there is no equitable reason to require Plaintiff to conduct a new sale, as there is no
possibility of any benefit to the Respondent. Accordingly, the Sheriffs Sale should be confirmed
and the lien of the Respondent discharged and divested as if proper notice under Pa.RC,P. 3129.1
~
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et seq had been given. Damage to Respondent if any, shonld be limited to an action oflaw.
This Court has jurisdiction to either divest the lien of order a resale. As a resale will likely
resnlt in the Respondent, Provident Bank deciding not to bid, such an exercise is wasteful and
Lmnecessary. As there is no equity inuring to the benefit of the junior lienholder/Respondent
Provident Bank, the Court should order that the lien be divested as if notice had been mailed.
GAMBLER V. HUYETT, 679 A.2d 831, 451 Pa. Super. 351. A copy of the opinion is attached as
an Exhibit for the Court's reference.
CONCLUSION
For all the reasons discussed above, the Court shall enter the attached proposed Order.
GOLDBECK McCAFFERTY McKEEVER
By:
~J~
Attorney for Plaintiff
"""'~~ ~ ~..._ M~ . ~-..
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GOLDBECK McCAFFERTY & McKEEVER
A Professional Corporation
By: Michael T. McKeever, Esquire
Attorney LD. # 56129
Suite 500 - The Bourse Bldg.
] 11 S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
GE CAPITAL MORTGAGE SERVS. INC.
4680 Hallmark Parkway
San Bernardino, CA 92407
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiff
vs.
JAMES C. YOUNG and SUSAN M.
YOUNG (Mortgagor and Record Owner)
3910 Brookridge Drive
Mechanicsburg, P A 17055
NO. 01-1225
Defendants
and
PROVIDENT BANK
407 Vine Street
Cincinnati, OH 45202
Respondent
CERTIFICATE OF SERVICE
Michael T. McKeever, Esquire, hereby certifies that he did serve true and correct copies of
Plaintiffs Petition to Confirm Sheriffs Sale and to Divest Lien and Memorandum of Law in Support and all
supporting papers by first class mail, postage pre-paid, on this
day of January 2002jupon the following:
James C. Young and Susan M. Young
3910 Brookridge Drive
Mechanicsburg, P A 17055
James C. Young and SusanM. Young
3500 Ada Drive
Mechanicsburg, P A 17050
Provident Bank
407 Vine Street
Cincinnati, OH 45202
Facsimile: (513) 345-7831
Attn: Stephanie Glancy
BE K McCAFFERTY McKEEVER
Michael T. McKeever, Esquire
,i'= .'E-'"
679 A,2d 831
(Cite as: 451 Pa.Super. 351, 679 A.2d 831)
H
Superior Court of Pennsylvania.
Mildred GAMBLER, Appellaut,
v.
Scott L. HUYETT, Administrator for the Estate of
Lauce A. Williams, aud Deborah
L. Palmer aud Fleet Mortgage Corp., Terre Tenaut,
Appellees.
FLEET MORTGAGE CORP" Appellee,
v.
Lauce A. WILLIAMS, Unmarried, aud Deborah L.
Palmer, Unmarried, aud Mildred
Gambler aud Scott L. Huyett, Administrator for the
Estate of Lance A. Williams,
Appellees.
Appeal of Mildred GAMBLER.
Argued April II , 1996.
Filed July 31,1996.
Creditor who had obtained personal injury judgmel\t
against mortgagor filed praecipe for issuance of wri1
of revival to have his liability judgment revived a~
priority lien against mortgaged property. The COlllj(
of Common Pleas, Berks County Civil Divisiol\
Nos. 4867-93 A.D" 4788-92 A.D., 4127-93 J.D.:
6035-92 A.D., 2745-93 J.D., and 252-93 ED.,
Stallone, J., granted foreclosing mortgageets motioil
for judgment on pleadings, aud creditor appealed.
The Superior Court, Nos. 2658 aud 2659
Philadelphia1995, Cirillo, President Judge Emeritus,
held that trial court's order setting aside origin,(l
sheriffs sale and ordering that sale be rescheduled
with notice to plaintiff, who had recorded his
judgment after enlly of judgment in mortgage
foreclosure action, cured any prejudice to plaintifffdr
mortgagee's alleged failure to give proper notice of
sheriffs sale.
Affirmed.
Beck, J., concurred in judgment aud filed opinion.
West Headnotes
ill Appeal and Error (;;:;;;;>863
30k863 Most Cited Cases
In reviewing trial court's graut of motion for
judgment on pleadings, appellate court exercises
plenary review aud will apply same stauda~d
employed by trial court, confining its consideration to
- ~
..-,c
..
= ~~, .
Page 1
pleadings aud relevaut documents.
ill Pleading (;;:;;;;>350(4)
302k350(4) Most Cited Cases
On motion for judgment on pleadings, court must
accept as true all well pleaded statements of fact
admissions, aud auy documents properly attached t~
pleadmgs presented by party against whom motion is
filed, aud cau consider only those facts which are
specifically admitted.
ill Pleading (;;:;;;;>343
3021<343 Most Cited Cases
Court may graut judgment on pleadings only where
moving party's right to succeed is certain aud cases so
free from doubt that trial would clearly be fruitless
exercise.
HI Appeal and Error (;;:;;;;>916(1)
30k9 1 6(1 ) Most Cited Cases
In reviewing challenge to judgment on pleadings,
appellate court accepts opposing party's well pleaded
facts.
ill Mortgages (;;:;;;;>529(10)
266k529(10) Most Cited Cases
Trial court's order setting aside sheriffs sale aud
ordering that sale be rescheduled with notice to
creditor that recorded its judgment after default
jndgment in mortgage foreclosure action, but prior to
sale, cured auy prejudice caused by mortgagee's
alleged neglect in failing to give proper notice aud
was proper remedy for lack of notice. Rules
Civ.Proc., Rule 3129.1, 42 Pa.C.S.A. -
ill Execution (;;:;;;;>113
161kl13 Most Cited Cases
Creditor that obtained arbitration award ag~t
mortgagor on his personal injury claims, but that did
uot reduce award to judgment for payment of money
until more than two months after mortgagee obtained
default judgment in mortgage foreclosure action aud
filed praecipe for writ of execution, did not have
enforceable lien on mortgaged property at time
mortgagee petitioned for writ of execution.
**832 *353 John A. Fielding, III, Reading, for
Mildred Gambler.
Nicholas J. Scafidi, Philadelphia, for Fleet Mortgage
Corp., appellee.
Copr. @ West 2001 No Claim to Orig: U.S. Govt. Works
_{,_,b.._,,~,.
-
.
679 A.2d 831
(Cite as: 451 Pa.Super. 351, 679 A.2d 831)
Before ClRILl.O, President Judge Emeritus, BECK,
J., and CERCONE, President Judge Emeritus.
CIRILLO, President Judge Emeritus:
Plaintiff/appellant, Mildred Gambler, appeals from
two orders entered in the Court of Common Pleas of
Berks County. [FNIl The first order granted
appellee Fleet Mortgage Corporation's motion for
judgment on the pleadings. The second order granted
Fleet's motion to set aside a sheriff's sale. We
affirm.
FNI. These appeals have been consolidated
pursuant to Pa.R.A.P, 513,
Briefly, this case involves two parties vying for
priority liens on real property located in Reading,
The parties are Mildred Gambler, a plaintiff who
recovered a default judgment in a personal injury
action against the now deceased owner of the
property, and Fleet Mortgage, which recovered a
default *354 judgment in a mortgage foreclosure
action on the property. Gambler's damages
judgment was not recorded until after Fleet Mortgage
recovered its default judgment on the mortgage.
Gambler's damages judgment, however, was recorded
prior to the sheriff's sale. Fleet neglected to notify
Gambler of the impending sale in violation of
Pa.R.CP. 3129.1; however, the trial court set aside
the sheriff's sale and ordered the sale rescheduled
with specific notice to Gambler. Despite the fact
that the order places Gambler in the same position as
before the original sale, Gambler has appealed the
order setting aside the sale, as well as the order
granting Fleet judgment on the pleadings.
Mildred Gambler initiated an underlying action in
this case against Lance A. Williams, seeking
damages for personal injuries sustained in an
automobile accident. In that action, the court entered
a default judgment against Williams on the issue of
liability. That judgment was entered on October 28,
1992, Damages were to be determined at a later date
by the Board of Arbitrators.
On November 16, 1992, three weeks after
the entry of Gambler's default judgment,
Fleet Mortgage Corporation commenced a
mortgage foreclosure action against
~ "- -<, -
-'-~:
Page 2
Williams and Deborah A. Palmer,
Williams and Palmer Were co-owners of the
property located at 411 Birch Street in
Reading, Pennsylvania, holding as joint
tenants with the right of survivorship. On
April 21, 1993, Fleet entered a default
jndgment against Williams and Palmer. On
that same date, Fleet filed a praecipe for a
writ of execution withont Pa.R.CP. 3129.1
[FN21 *355 notice to Gambler. Thereafter,
Williams died. Scott L. Huyett, Esquire,
administrator of Williams' estate, was
substituted in the Gambler action.
FN2. Rule 3129.1 provides in relevant part:
RULE 3129.1 SALE OF REAL
PROPERTY. NOTICE. AFFIDAVIT.
(a) No sale of real property upon a writ of
execution shall be held until the plaintiff has
filed with the sheriff the affidavit required
by subdivision (b) and the notice required by
Rule 3129.2 has been served.
(b) The affidavit shall set forth to the best of
the affiant's knowledge or infonnation and
belief as of the date of the praecipe for the
writ of execution was filed the name and
address or whereabouts of
(I) the owner or reputed owner of the real
property and of the defendant in the
judgment; and
(2) every other person who has a record lien
on that property; and
(3) every other person who has any record
interest in that property which may be
affected by the sale; and
(4) every other person who has any interest
in that property not of record which may be
affected by the sale and of which the
plaintiff has knowledge.
* * * * * *
Pa.R.CP. 3129.1 (emphasis added).
On June 18, 1993, the Board of Arbitraturs awarded
Gambler $7,500.00 in damages. The award was
reduced to judgment on July I, 1993.J.:!'1::Ql Eight
days later, on Jnly 9, 1993, **833 pursuant to the writ
of execution, Fleet purchased the property at a
sheriffs sale for $840.38.
FN3. Gambler recorded the judgment
against appellee Scott L. Huyett, Esquire,
Copr. @ West 2001 No Claim to Orig. U.S. Gov!. Works
~~~ ~_x~~ ~.
.
679 A.2d 831
(Cite as: 451 Pa.Super. 351, 679 A.2d 831)
siuce Huyett had beeu appointed as
Admiuistrator of Williams' estate. Ou
August 3, 1993, on motion filed by
Gambler, and in order to allow her to
execute on the real property, the court issued
a mle npon both Huyett and Palmer to show
cause why the caption of the underlying
action should not be amended to formally
substitute Huyett as a party defendant in
place of Williams, and to add Palmer as a
party defeudant. Inasmuch as neither Huyett
nor Palmer responded, the court granted
Gambler's motion.
Gambler filed a praecipe for the issuance of a writ of
revival of (adverse) judgment against Huyett, as
Administrator of Williams' estate, Palmer, and Fleet
Mortgage, as terre tenant. In so doing, Gambler
sought to have the liability judgment "revived" as a
priority lien agaiust the real property, which property,
at that point, was titled in Fleet's name due to the
mortgage foreclosure and sheriffs sale.
The writ of revival was served upon Huyett, Pahner
and Fleet Mortgage, fFN41 The prothonotary
indexed the writ in the judgment docket against
Williams, Palmer and Fleet Mortgage. Fleet filed an
answer to the writ with neW matter, objecting to the
prothonotary's indexing of the writ on the docket.
Gambler filed a reply.
FN4. Gambler failed to timely serve the writ
upon Fleet. Accordingly, Gambler caused
the writ to be reissued on November 5, 1993
and subsequently served it upon Fleet on
November 23, 1993.
*356 On March 29, 1994, Fleet Mortgage filed a
motion for judgment on the pleadings with a
supporting brief which contained affIrmative
defenses not included in its new matter. Gambler
filed a brief in support of the writ of revival,
answering the affIrmative defenses not raised in new
matter.
Gambler then filed a praecipe for oral argument
asking the trial court to determine that her "lien" had
priority over the lien created by Fleet's default
judgment. The trial court heard argument. The
court denied Gambler's request, finding that the
matter was not ripe for decision because it was still at
the pleading stage, and noting that Fleet's motion for
judgment on the pleadings remained pending.
',,"
b,
Page 3
Gambler appealed that order to this court. We
quashed the appeal. Gambler v. Huyett, et al., 1727
Phila.1994, filed March 22, 1995,442 Pa.Super. 684,
660 A.2d 660 (J. A08018/95, memorandum
decision),
Thereafter, argument was held on Fleet's motion for
judgment on the pleadings. The Honorable Albert
A. Stallone entered an order granting Fleet's motion
for judgment on the pleadings and dismissing
Gambler's writ of revival. Gambler appealed, and
now raises the following claims:
I. Did the trial court erroneously grant appellee
Fleet Mortgage Corporation's motion for judgment
on the pleadings since there was a disputed issue of
material fact appearing on the pleadings?
2. Did the trial court err by granting appellee Fleet
Mortgage Corporation's motion for judgment on
the pleadings since appellant Mildred Gambler was
not notified of Fleet Mortgage Corporation's
sheriffs sale pursuant to Pa.R.C.P. 3129.1 and
3129.2, she possessed an interest in real property
affected by the sheriffs sale, and she eventually
possessed a lien that should have continued
undischarged on the property due to the lack of
notice?
Gambler's claim in her appeal from the trial court's
order setting aside the sheriffs sale and ordering
reissuance of the writ of execution and specifying
notice of the sale to counsel for Gambler, is framed
as follows:
*357 Is the issuance of an order setting aside a
sheriffs sale an improper remedy for Fleet
Mortgage Corporation's failure to notify appellant
Mildred Gambler of the July 9, 1993 sheriffs sale
affecting her interest in real property in accordance
with Pa.R.C.P. 3129.1 and 3129.2?
rur2l[31 In reviewing a trial court's decision
granting a motion for judgment on the pleadings, the
appellate court's scope of review is plenary; the
appellate court will apply the same standard
employed by the trial court, confming its
consideration to the pleadings and relevant
documents. Jones v, Travelers Insurance Co., 356
Pa.Super. 213, 215-17, 514 A.2d 576, 578 (1986);
VO!!el v. Berklev, 354 Pa,Super. 291. 295-97. 511
A.2d 878, 880 (1986). The court must accept as true
all well pleaded statements of fact, admissions, **834
and any documents properly attached to the pleadings
presented by the party against whom the motion is
filed, considering only those facts which were
specifically admitted. The court may grant judgment
on the pleadings only where the moving party's right
to succeed is certain and the case is so free from
Copr. !Q West 2001 No Claim to Orig. U.S. Gov!. Works
~
.
679 A.2d 831
(Cite as: 451 Pa'super.351, 679 A.2d 831)
doubt that trial would clearly be a fruitless exercise.
Jones, supra; Voe-el. supra.
Ii! We note initially that Gambler's first issue on
appeal is not appropriate on review of an order
granting a motion for judgment on the pleadings.
Claims regarding disputed issues of material fact are
relevant to a summary judgment challenge. See
Pa,R.C.P. I 035(b ). See also Thompson Coal Co. v.
Pike Coal Co. 488 Pa. 198, 412 A.2d 466 (1979).
In reviewing a challenge to judgment on the
pleadings, we accept the opposing party's well
pleaded facts. Thus, Gambler's claim that the facts
are disputed exceeds the ohjective of her argument.
We, then, move on to review the propriety of the
court1s order granting Fleet's motion for judgment on
the pleadings.
ill In support of its order granting Fleet's motion,
the trial court stated the following reasons on the
record:
1. The pleadings reveal that the only judgment in
favor of Gambler at the time Fleet filed its praecipe
for the writ of *358 execution on the mortgage
foreclosure action, was a judgment establishing
general liability and not a judgment for the
payment of money;
2, Under section 4303( a) of the Judicial Code, 42
Pa.C.SA Ii 4303(a), only judgments or other
orders of court for the payment of money are
liens on real property; and
3. Gambler's general liability judgment, therefore,
was not a lien on the real property in question prior
to the mortgage foreclosure lien placed on the real
property by Fleet.
A brief chronology of the relevant events will aid in
our review:
October 28, 1992--Default judgment in favor of
Gambler's personal injury action against Williams
(generalliability--no determination of damages as
of this date)
April 21, 1993--Fleet Mortgage's default judgment
on the mortgage foreclosure action recorded;
Praecipe for writ of execution
July I, 1993--Gambler's arbitration award
(damages) reduced to judgment
July 9, 1993--Sheriffs sale (property purchased by
Fleet)
Gambler argues that Fleet's failure to notify her of
the impending sheriffs sale entitled her to have her
October 28, 1992 judgment entered as a priority lien
against the property, [FN51 Gambler contends that
this general liability judgment served as "constructive
notice" to Fleet of her interest in the property under
.-,
I""
~ ,
'1"1ii<qf'-~
Page 4
42 Pa.C.S.A. Ii 4302. She maintains that since Fleet
failed to prove that it notified her in writing in
accordance with Pa.R.C.P. 3129.1, that Fleet took
title subject to her July I, 1993 damage judgment.
FN 5. As indicated above, Fleet Mortgage
sought redress by filing a petition to set
aside the sheriffs sale. The court granted
this request and specified that Fleet notify
Gambler's attorney of the reissuance of the
writ of execution and resale of the property.
Gambler maintains in the appeal from that
order that this did not remedy the wrong for
which she sought relief, that is, Fleet's
failure to notify her of the impending
sheriffs sale. It appears that the court's
order wonld place Gambler in the same
situation had she been given original notice
as required by Pa.R.C.P. 3129.1. We,
therefore, are unable to discern the import of
Gambler's claim.
*359 Accepting Gambler's well pleaded facts as true,
we fmd that the trial court correctly concluded that
Fleet's right to prevail is clear. First, without
passing on the question of whether Gambler's liability
judgment was a "document affecting title to or any
other interest in real property" and, therefore, whether
Fleet was required to comply with the sheriff sale
notification rules in light of the fact that Gambler's
judgment was not a money judgment, see Pa.R.C.P.
3129.1 and 42 Pa.C.S.A. ~ 4302(a),~ we find
that the court's **835 order in the related appeal,
which set aside and rescheduled the sale, bas
countered the prejudice caused by Fleet's neglect.
FN6. Section 4302(a) of the Judicial Code
provides:
(aJ Real property.--Except as otherwise
provided by statute or prescribed by general
rule adopted pursuant to section I 722(b)
(relating to enforcement and effect of orders
and process), every doeument affecting
title to or any other interest in real
property which is filed and indexed in the
office of the clerk of the court of common
pleas of the county where the real property
is situated, or in the office of the clerk of the
branch of the court of common pleas
embracing such county in the manner
required by the laws, procedures or
standards in effect at the date of such filing
shall be constructive uotice to all persons
Copr. i!:J West 2001 No Claim to Orig. U.S. Gov!. Works
.
,.
.
679 A.2d 831
(Cite as: 451 Pa,Super. 351, 679 A.2d 831)
of the flliug and full contents of such
document. 42 Pa.CS.A. ~ 4302(a).
Additionally, Gambler's damages judgment was
entered after Fleet's default judgment on the
mortgage foreclosure action. Even though Gambler
recovered a default judgment on liability prior to
Fleet's recovery default judgment on foreclosure, that
judgment, though possibly requiring notice of a
sheriff sale, was not necessarily a lien on the real
property,
Sectiou 4303 of the Judicial Code provides in part:
(a) Real property.-Any judgment or othe<
order of a court of common pleas for the
payment of money shall be a lien upon real
property on the conditions, to the extent and with
the priority provided by statute or prescribed by
General Rule adopted pursuant to section I 722(b)
(relating to enforcement and effect of orders and
process) when it is entered of record in the office
of the clerk of the court of common pleas of the
county where the real property is situated, or in the
office of the clerk of the branch of the court of
common pleas embracing such county,
*360 42 Pa.C.S.A. ~ 4303(a) (As amended 1982,
Dec. 20, P.L. 1409, No. 326, art. 11, S 201, imd.
effective) (emphasis added), Additionally,
subsection (b) of section 4303 provides:
(b) Order of court as lien.--Any other order of a
court of common pleas shall be a lien upon real and
personal property situated within any county
embraced within the judicial district on the
conditions, to the extent and with the priority
provided by statute or prescribed by general rule
adopted pursuant to section 1722(b).[ [FN711
FN7. Section 1722(b) of the Judicial Code
pertains to the enforcement and effect of
orders and process.
42 Pa,CS.A, ~ 4303(b).
IQl Here, Gambler's arbitration award was not
reduced to a judgment for the payment of money
until July I, 1993, two and one-half months after
Fleet had obtained a default judgment in the
mortgage foreclosure action and had filed a praecipe
for a writ of execution. Thus, Gambler did not have
an enforceable lien on the property at the time Fleet
petitioned for writ of execution. Cf Federal Land
Bank of Baltimore v, Sustrik. 367 Pa.Super. 582, 533
~'~ ,
,I
~~
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.
Page 5
A.2d 169 (1987) (judgment entered and filed but not
indexed by prothonotary as money judgment until
after subsequent judgment was secured and indexed
prior in time was to be accorded secondary status for
distribution purposes of money generated from sale
of property against which competing judgments were
issued; holder of second judgment could not be on
notice of existence of judgment order which was not
docketed).
With respect to the issue raised in the appeal from
the order setting aside the sheriffs sale, the question
is whether the court's order setting aside the sale and
ordering rescheduling with notice to Gambler,
appropriately remedied the lack of notice of the sale.
Gambler contends that the appropriate remedy is
imposition of a "lien" of $7,500.00 upon the premises
now owned by Fleet.
PelUlsvlvania Rule of Civil Procedure 3132 provides:
Upon petition of any party in interest before
delivery of the personal property or of the Sheriffs
deed to real property, *361 the Court may, upon
proper cause shown, set aside the sale and order a
resale as any other order which may be just and
proper under the circumstances.
Pa.R.C.P. 3132.
The question, then, is whether the liability judgment,
which was entered prior to the date Fleet praeciped
for writ of execution, falls within the definitions in
Pa.R.CP. 3129.1, that is, "a record interest in that
property which may be affected by the sale" or an
"interest in that property not of record which may be
affected by the sale and of **836 which the plaintiff
has knowledge." Pa.R.C.P. 3129.1(b)(3) and (4).
We fmd that it does. The order, however, setting
aside the sale and ordering reissuance of the writ, has,
as stated above, countered any prejudice. Gambler
will, upon rescheduling of the sheriffs sale, be
notified in accordance with the rules of court and her
interest, if any, will be protected.
Affirmed.
BECK, J., files a concurring opinion.
BECK, Judge, concurring:
1 calUlot agree with the analysis employed by the
majority, Gambler's lien was discharged by the
sheriffs sale of the property triggered by the action of
Copr.@ West 2001 No Claim to Orig. U,S. Gov!. Works
~_..~-
,
,
.
679 A.2d 831
(Cite as: 451 Pa.Super.351, 679 A.2d 831)
the prior lien-holder Fleet Mortgage Corporation's
("Fleet"). However, I mnst agree that the trial
court's order rescheduling the sale of the property
should not be disturbed given the procedural posture
of this case.
In determining the relative priority of Fleet's and
Gambler's liens, we must look to the dates that the
mortgage was recorded and the dates that Gambler's
judgments were entered, See 42 Pa,CS, & 8141
(Purdons 1982) ("Time fTom which liens have
priority"), On March 17, 1989, the original
mortgage in question was recorded. Three days later
on March 20, 1989, the mortgage was assigned to
Fleet. On July 10, 1989, the assignment was
recorded, Neither Gambler's default judgment on
liability, entered more than three years later in
October, 1992, nor the award of damages, rendered
*362 nearly four years later in June, 1993, can
possibly be found to have created a lien with priority
over Fleet's mortgage lien under the terms of the
applicable statute, As a general rule, liens and
encumbrances on the property sold, even those prior
to the execution creditor, arC discharged as a result of
the sale, Liss v, Medary Homes, Inc, , 388 Pa, 139,
130 A,2d 137 (1957), It is thus clear that Gamblers
judgment lien on the property was discharged by the
sheriffs sale,
With respect to Gambler's claim that her lien should
be revived as a remedy for Fleet's failure to give her
notice of the sheriffs sale, I would note merely that
she has failed to provide any authority for her
position that such a remedy exists and that my
research has disclosed no such authority,
Accordingly, I would conclude that the trial court did
not err in refusing to grant the relief requested,
Fleet argues that Gambler was not entitled to notice
of the sale, and I am inclined to agree, Fleet
praeciped for the writ of execution on the property on
April 21, 1993, At that time, although the default
judgment in Gambler's favor on liability had been
entered, it had not been liquidated to an award of
damages, nor had it been entered in the judgment
index, Accordingly, at the time of execution,
Gambler did not have a record interest in the
property, see 42 Pa,CS, & 4302(a); Pa,R,CP,
3129,l(b)(3), nor is there any indication that Fleet
had knowledge of any "interest not of record," see
Pa,RCP, 3129,I(b)(4), that might have been created
by the existence of the default judgment on liability
only, Under Pa,R,CP, 3129,1 ("Sale of Real
Property, Notice, Affidavit"), Fleet thus had no
duty to provide notice to Gambler at the time that the
writ of execution was filed, Nor can I conclude that
".
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Page 6
such a duty arose when Gambler's judgment was
indexed after issuance of the writ. I would thus be
inclined to hold that the original sheriff's sale of the
property should stand, However, Fleet did not
appeal the order setting aside and rescheduling the
sale; indeed, it was at Fleet's suggestion that the
rescheduling occurred, As a result, the trial court's
order may not be disturbed,
I fmd appellant's arguments ill-founded and
confusing and I find that the majority in responding
has obfuscated the law, I would afihm the trial
court's orders for the reasons stated above.
END OF DOCUMENT
Copr. @ West 2001 No Claim to Orig, U.S, Gov!, Works
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GE CAPITAL MORTGAGE SERVICES, : IN THE COURT OF COMMON PLEAS OF
INC., CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
V.
JAMES C. YOUNG and SUSAN M.
YOUNG,
DEFENDANTS
V.
PROVIDENT BANK,
RESPONDENT
: 01-1225 CIVIL TERM
AND NOW, this
ORDER OF COURT
101-
day of January, 2002, a Rule is issued against
Provident Bank, to show cause why the petition of plaintiff to confirm sheriff's sale and
for other relief should not be granted. Rule returnable fifteen (15) days after service.
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GOLDBECK McCAFFERTY & McKEEVER
A Professional Corporation
By: Michael T. McKeever, Esquire
Attorney LD. #: 56129
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
(215) 627-1322
ATTORNEY FORPLAmTITF
GE Capital Mortgage Services, Inc.
4680 Hallmark Parkway
San Bernardino, CA 92407
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 01-1225
Vs.
James C. Young and Susan M. Young
(Mortgagor and Real Owner)
3910 Brookridge Drive
Mechanicsburg, P A 17055
And
Provident Bank
407 Vine Street
Cincinnati, OH 45202
AFFIDAVIT OF SERVICE
I hereby certifY that Court's Fifteen (15) day Rule Returnable of January 10,2002 for
Plaintiff's Petition to Confirm Sheriff's Sale and to Divest Lien and Memorandum of Law in
Support and all supporting papers in the above captioned matter was served pursuant to Rule
440 by first class mail on Defendants, James C, Young, Susan M. Young at 3910
Brookridge Drive, Mechanicsburg, P A 17055, and 3500 Ada Drive, Mechanicsburg, P A
17050 and Respondent Provident Bank, 407 Vine Street, Cincinnati, OH 45202 on
January 14,2001. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsifications to authorities.
Swom to and subscribed belore me
this /lft), tI""oI~19.21:Ji.J.
4~c
NOTARIAL SEAL
Kathleen M. Lion, Notary Public
City of Philadelphia, Phil.. County
My Commission Expires May 14; 2004.
GOLDBECK, McCAFFERTY & McKEEVER
ael T. McKeever, Esquire
ttorney for GE Capital Mortgage Services, Inc.
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GOLDBECK McCAFFERTY & McKEEVER
A Professional Corporation
By: Michael T. McKeever, Esquire
Attorney LD. #: 56129
Suite 500 - The Bourse Bldg.
III S. Independence Mall East
Philadelphia, PA 19106
(215) 627-1322
ATTORNEY FOR PLAINTIFF
GE Capital Mortgage Services, Inc.
4680 Hallmark Parkway
San Bernardino, CA 92407
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 01-1225
Vs,
James C. Young and Susan M. Young
(Mortgagor and Real Owner)
3910 Brookridge Drive
Mechanicsburg, PA 17055
And
Provident Bank
407 Vine Street
Cincinnati, OH 45202
ORDER
AND NOW, this ~ "-- day of
~
, 2002 upon
consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby
ORDERED and DECREED that the Rule entered upon Respondents Provident
Bank and James C. and Susan M. Young on January 10, 2002 is hereby made absolute
and Plaintiffs Petition to Confirm Sheriffs Sale and to Divest Lien is GRANTED.
J.
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GOLDBECK McCAFFERTY & McKEEVER
A Professional Corporation
By: Michael T. McKeever, Esquire
Attorney LD. #: 56129
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
(215) 627-1322
ATTORNEY FOR PLAINTIFF
GE Capital Mortgage Services, Inc.
4680 Hallmark Parkway
San Bernardino, CA 92407
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 01-1225
Vs.
James C. Young and Susan M, Young
(Mortgagor and Real Owner)
3910 Brookridge Drive
Mechanicsburg, P A 17055
And
Provident Bank
407 Vine Street
Cincinnati, OH 45202
MOTION TO MAKE RULE ABSOLUTE
Plaintiff, GE Capital Mortgage Services, Inc" by and through its attorneys,
Goldbeck, McCafferty and McKeever, hereby Petitions this Honorable Court to make the
Rule to Show Cause Absolute in the above captioned matter and in support thereof avers
as follows:
1.
Plaintiff filed a Petition to Confirm Sheriff s Sale and to Divest
Lien and Memorandum of Law in the above captioned matter on or about January 3,
2002.
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2. On January 1 0, 2002, this Honorable Court entered a Rule to Show
Cause Upon Respondent/Defendant Provident Bank requiring that they file a response to
the Petition within twenty (15) days after service of the Rule on Respondent.
3. The Rule to Show Cause was served by regular mail on
Respondents/Defendants Provident Bank and James C. and Susan M. Young on January
14,2002 in accordance with the applicable Rules of Civil Procedure, and an Affidavit of
Service was filed with this Court. A true and correct copy of the Affidavit of Service is
attached hereto as Exhibit A.
4. Respondents/Defendants Provident Bank, and James C. and Susan
M. Young have failed to respond or otherwise plead to the Rule Returnable,
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an
Order making the Rule absolute and granting Plaintiff's Petition to Confirm Sheriffs
Sale and to Divest Lien.
GOLDBECK, McCAFFERTY & McKEEVER
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GOLDBECK McCAFFERTY & McKEEVER
A Professional Corporation
By: Michael T. McKeever, Esquire
Attorney LD. #: 56129
Suite 500 - The Bourse Bldg.
III S. Independence Mall East
Philadelphia, PA 19106
(215) 627-1322
ATTORNEYFORP~~F
GE Capital Mortgage Services, Inc.
4680 Hallmark Parkway
San Bernardino, CA 92407
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 01-1225
Vs.
James C. Young and Susan M. Young
(Mortgagor and Real Owner)
3910 Brookridge Drive
Mechanicsburg, P A 17055
And
Provident Bank
407 Vine Street
Cincinnati, OH 45202
AFFIDAVIT OF SERVICE
I hereby certifY that Court's Fifteen (15) day Rule Returnable of January 10,2002 for
Plaintiffs Petition to Confirm Sheriffs Sale and to Divest Lien and Memorandum of Law in
Support and all supporting papers in the above captioned matter was served pursuant to Rule
440 by first class mail on Defendants, James C. Young, Susan M. Young at 3910
Brookridge Drive, Mechanicsburg, P A 17055, and 3500 Ada Drive, Mechanicsburg, P A
17050 and Respondent Provident Bank, 407 Vine Street, Cincinnati, OH 45202 on
January 14,2001. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S.A. S4904 relating to unsworn falsifications to authorities.
Sworn to and subscribed before me
this /4tA tlf/.Yol~'f9.2J:ll"J.
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NOTARIAL SEAL
Kathleen M. Lion, Notary Public
City of Philadelphia, Phila, County
My Commission Expires Mar 14, 2004
GOLDBECK, McCAFFERTY & McKEEVER
ael T. McKeever, Esquire
ttorney for GE Capital Mortgage Services, Inc.
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VElUFICATlON
MICHAEL T. McKEEVER, ESQUIRE hereby states that he is the attorney for
Plaintiff herein, and that all ofthe facts set forth in the attached Motion to Make Rule
Absolute is true and correct to the best of his knowledge, information and belief.
The undersigned understands that statements herein are made subject to the
penalties of 18 P,S. section 4904.
. hael T. McKee r; Esquire
ttorney for Plaintiff
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GOLDBECK McCAFFERTY & McKEEVER
A Professional Corporation
By: Michael T. McKeever, Esquire
Attorney I.D. #: 56129
Suite 500 - The Bourse Bldg.
III S. Independence Mall East
Philadelphia, PA 19106
(215) 627-1322
ATTORNEY FOR PLAINTIFF
GE Capital Mortgage Services, Inc.
4680 Hallmark Parkway
San Bernardino, CA 92407
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 01-1225
Vs.
James C. Young and Susan M. Young
(Mortgagor and Real Owner)
3910 Brookridge Drive
Mecharricsburg,PA 17055
And
Provident Bank
407 Vine Street
Cincinnati, OH 45202
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of Plaintiffs Motion to Make Rule
Absolute was sent by first class mail, postage pre-paid, upon the following on the date
listed below:
James C. Young and Susan M. Young
3910 Brookridge Drive
Mechanicsburg, P A 17055
And
3500 Ada Drive
Mechanicsburg, P A 17050
Provident Bank
407 Vine Street
Cincinnati, OH 45202
GOLDBECK, McCAFFERTY & McKEEVER
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