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Home My WebLink About01-2004 FX , , :':"-"'1' .".~ " FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (? 1 'i) 'ili1-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION GE CAPITAL MORTGAGE SERVICES, INC. 5024 PARKWAY PLAZA BOULEVARD CHARLOTTE, NC 28217 Plaintiff TERM NO. DI- ;l..oo4- (!~ v. CUMBERLAND COUNTY KENNETH G. BURRY 401 PINE ROAD MOUNT HOLLY SPRING, P A 17065 THE UNITED STATES OF AMERICA c/o The United States Attorney for the Middle District of Pennsylvania 1164 Federal Building 228 Walnut Street Harrisburg, P A 1710 I Defendant(s) CTVTT. ACTTON -.T,AW COMPT,ATNT TN MORTGAGR FORRCT,OSTTRR NOTTCR "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOClA TION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 10736528 -" ~-"~I , I', ~-,,~ , ""''Ii~",! , , -J,;,!, , 1. Plaintiff is GE CAPITAL MORTGAGE SERVICES, INC. 5024 PARKWAY PLAZA BOULEV ARD CHARLOTTE, NC 28217 2. The name(s) and last known addressees) of the Defendant(s) are: KENNETH G. BURRY 40 I PINE ROAD MOUNT HOLLY SPRING, P A 17065 THE UNITED STATES OF AMERICA c/o The United States Attorney for the Middle District of Pennsylvania I 164 Federal Building 228 Walnut Street Harrisburg, P A 1710 1 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 7/29/93 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to BANK UNITED OF TEXAS, FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1153, Page 1003. By Assignment of Mortgage recorded 4/27/94 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No.4 72, Page 386. 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 I 111/00 and each month thereafter are due and unpaid, and by the tenns 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. ,. I r ,I. ,. , , " "'Ii!'! ~ ~'_"~","'" I 6. The following amounts are due on the mortgage: Principal Balance Interest 10/1/00 through 4/1101 (Per Diem $14.19) Attorney's Fees Cumulative Late Charges 7/29/93 to 4/1/01 Cost of Suit and Title Search Subtotal $63,862.78 2,596.77 3,193.00 227.04 55lLllil $70,429.59 Escrow Credit Deficit Subtotal 132.61 0Jlll ($l1?nl1 TOTAL $70,296.98 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The United States of America is made a Defendant herein pursuant to 28 U .S.c. 2410, because of federal tax liens that have been filed with the Prothonotary of CUMBERLAND County in the Judgment Index Unit as follows: (a) United States vs. KENNETH G. BURRY; No. 2000-6334; filed 9/18/00; $7,972.77. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $70,296.98, together with interest from 411/01 at the rate of $14. 19 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale ofthe mortgaged property. +~~ /s/ Frank Fenennan FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff '-":'W''Rfnn;r ~ , "I~"-'; I - 1'1 I "=-, ~~, ; I ALL THOSE TWO CERTAIN tracts Township, Cumberland County, as follows: of land situate in South Middleton Pennsylvania, bounded and described TRACT NO. ~ BEGINNING at an iron pin on the southern side of the Pine Road, sa io pil"l bains 24 :f:eet westwardly from tl'le ",astern boundary of the J and no'W or formerly of Bert Xh and Mildred C. Woodwal.-d; thence southwardly by a line parallel with said eastern boundary and 24 feet d~stant tl~erefrom, South 17 degrees, 42 minutes East, 250 feet to an ~ron pin on the line of other land now or formerly of Bert L. and Mildred C. Woodward; thence westwardly by a line parallel with the sou~hern side of the Pine R030, 100 feet to an iron pin on the line now or formerly of other land of Bert L. and Mi.ldr:ed C. Woodward.; thence by the same, North 17 degrees, 42 lninutes ~est 250 raet to an iron pin on the sDuthern side of the Pine Road; thence by the latter Eastwardly 100 faet to tIle place of BEGINNING. TRACt' NO _ ? aEGIN~XNG at a point on tIle northern side of tlle Vine Road at the eastern boundary line of the land now or formerly of eert L. and Mildred C. Woodward, thence northwardly along said boundary line, 15 feet, more or less. to the southern b~nk only of the ~ello~ Breeches Creeki thence by said southern ban}~ in a westwardly direction, 70 feet, more or less to a point; thence ay a line p~ra2~el with the line first mentioned above in a southwardly d~~ection, 16 fest, more or 1ess, Co the northern side of the P~J'le road; thenCe by the latter in an eastwardly direction, 70 feet, more or less, to the place of BEGINNING. BEING the same premises which William L. Smith, by his deed dated Septem~er 19, 1:50, and recorded in the Office o~ the Recorder of Deeds J.n and to... Cumberlan.d County in Dee!o Book uN," Volume 1.4, pa9~ 90, ,granted and conveyed unto William L. smith and Jean Mar1e Sm1th, husband and wife, Grantors herein PREMISES: 401 PINE ROAD '-~Il. . ,~ , ' ~, I VERlFICATION TAMMY JOHNSON hereby states that he is ASSIST ANT VICE PRESIDENT of WELLS FARGO HOME MORTGAGE, INC. mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Veriflcation, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best ofms knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. e.S. Sec. 4904 relating to unsworn falsification to authorities. TAMMY JOHNSON ASST. VICE PRESIDENT DATE: 3!to/()/ '''''1 " ~r ~'" ~'P$ilIl - -", 'Ilf!IW'"l~~ , '-~"~ ...?t:, '--. C> --.(', ~ ~ t- ~~ 9--' " .......... 1:'-' <.}O "'" \.)J~ ~ ~ ~"',,^"""'" ''''<i,:,.);::Jf'''~''''U' ;, linrT'nT1 Ii IlJTu ;v J I' ~)l -I::::-. ~. 9'\'\:::.,- d '^ ~ o ~; 0~ F~~, :,{;'.' ef' -< (: ;1 ~~~ c> ~:--~ ..mi~"Il1'lI'lJ!ri1 . l WJ) . .'-', ~- :'" ( } '~1,",,1!l, " ~..,.~!!"~"i~ll";W~;'~'!f'WiI:"'~JJiOiffi%'<lne""_~,"'~!H . ~f'il!~~"rfiff1~ ." ~!f!f"_~If!Il,~~~ ~ ".(') 'C;) , c~ ~~':^' :-:? --" -< :".J f...J) $"3 gl! SHERIFF'S RETURN - REGULAR CASE NO: 2001-02004 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GE CAPITAL MORTGAGE SERVICES VS BURRY KENNETH G ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BURRY KENNETH G the DEFENDANT , at 0017:50 HOURS, on the lOth day of April , 2001 at 401 PINE ROAD MOUNT HOLLY SPRINGS, PA 17065 by handing to KAREN NICKEL (LEGAL ADULT RESIDENT) a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.72 .00 10.00 .00 31.72 so;::~~~ R. Thomas Kline 04/11/2001 FEDERMAN & PHELAN Sworn and Subscribed to before By: ------. - .z/fE rf . c #YVSheYi me this JJ,,{{ day of A.D. Prot ':.m m ~ 'S\.i ~' ~Vi() "':_;_OOl~l__ , , "~~ i I II' ".~ "- r .~~"'. "f .. . , I :%'l, ,~ ' .. .. (Rule of Civil Procedure No. 236 - Revised) GE CAPITAL MORTGAGE SERVICES,INC. : CUMBERLAND COUNTY : Court of Common Pleas Plaintiff : CIVIL DMSION vs. : NO. 2001-02004 KENNETH G. BURRY Defendant(s) Notice is given that a Judgment in the above captioned matter has been entered against you on MAY 19~'" .2000. By ilkL< iIIj'/~J DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN. ESQUIRE Attorney for Filing Party One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 **TillS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TIllS DEBT WAS NOT REAFFIRMED, TillS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** ". I .., -~ I I rr, . ""~ - " , 'FEDERMAN AND PHELAN By: F~FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff GE CAPITAL MORTGAGE SERVICES, INC. 5024 PARKWAY PLAZA BOULEVARD CHARLOTTE, NC 28217 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. : NO. 2001-02004 KENNETH G. BURRY 401 PINE ROAD MOUNT HOLLY SPRING, PA 17065 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiff and against KENNETH G. BURRY, Defendant(s), for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest 4/1/01-5/25/01 $70,296.98 $780.45 TOTAL $71,077.43 I hereby certify that (I) the addresses of the Plaintiff and Defendant( s) are as shown above, and (2) notice has been given in accordance with Rule 237.1, copy attached. ~~ ~FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: fVlo.J/;:;Cj,~(()} '1?t~~ /7Yj ~~0Jtr PROPROTHY "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR TllAT PURPOSE. IF YOU IIA VE PREVIOUSLY RECEIVED A DISCIlARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, TInS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. .. :-"-'''''T- .-~ 'I"'" "1- , $ 1~\II!IlI!! , . - - ... ~S"",,,,.,,1'~~~._~~ ~" ",- ~, ~ _'N^~ ~~,-n '_"',.. - " _~. CJ ~~ ~:; ~F-,- r>li'-'- -7' , ~. ~j;r,- ~ -,-.~ ";:::"''- 5~;1~ '~, --- .- .. -,\- "irl , . r c::> f"-.) \_D -:'1 -p.~~ ~.) (;.) .. . __';"_ 'i!!i!l'!i!-Wmll:!i'it+",,'1FI;:.;,"r~!e'F"~!"\~'h!~:'i'ff%'~lfJlj~f~I!Ri~'I~;;.n~~~~I: FEDERMAN AND PHELAN, L.L.P. 'Frank Federman, Esquire . Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400. Philadelphia, PA 19103-1799 (215) 563-7000 . ATTORNEY FOR PLAINTIFF GE CAPITAL MORTGAGE SERVICES, INC. COURT OF COMMON PLEAS CIVIL DIVISION vs. KENNETH G. BURRY CUMBERLAND COUNTY NO. 2001-02004 Defendant(s) TO: KENNETH G. BURRY 401 PINE ROAD MOUNT HOLLY SPRING,PA 17065 DATE OF NOTICE: MAY 1. 2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff .... ~! ,,~- . 1_""'. T '-1 11 11 I "' I ~ i\O!!'f~ "',.~ ._~~~ ""'~""l' C" ~ -" >~~ ,.-"-'. '^ -, , -" '."- .' "-.' -~.," '",~.- ~" c:\ C:) C --:;,~ -1.1 [,-', c._'_ r,'1 i"; ::..~ { " :7.:: .~ ,'r' '-.D ',rJ '~ C , ::> ?".~ z .:,..,) ::-; ~ -~ C.o -"-' -< {~"-"'-<'-"-"'-'" lI!ffi~~~jf~1W;)R;f,;;~""''f''-'i'W:':tI,,''Hi''~''lk~'O'~i;>!-;PWW<Wl''1~~#f"<Q~~!I;-"W;i";I,%i(l~f:lf~"i!t~!I'!lM!J'~r -~,Il\!Il, ,> '" FEDERMAN and PHELAN By: F~FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff GE CAPITAL MORTGAGE SERVICES, INC. : CUMBERLAND COUNTY : Conrt of Common Pleas Plaintiff : CIVIL DIVISION vs. : NO. 2001-02004 KENNETH G. BURRY Defendant(s) VERIFICATION OF NON-MILITARY SERVICE F~ FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended (b) that defendant KENNETH G. BURRY is over 18 years of age and resides at 401 PINE ROAD, MOUNT BOLLY SPRING, P A 17065. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to uru;worn falsification to authorities. ~~ F~FEDERMAN Attorney for Plaintiff . . ." ", '~""1 O~". ~'>" . .' ~_-'"'>' ,,-V' "lli,"'_'''''"'-' ,.'; ,~, A .~ ~-'~_ ="" ",;- ;.~:'~:~~. ~:: l_..' ~~~j ~, "-"ll c:::;. -:?:. '"' ...,::, I' [iiBTT"I""'ili/'iii f"e:> tD --;'j :",) ,'~ i"!'l'h ~. ~ lNl!llIl'.'!!:IlI!llk... c .. l.:!!$l;I.,._~II!'!I!i'!ftJ\l!!lI',,,..~'C_-,",~""l_"~ :r ~1'f.-f!"'?i'l!'!'l"',)IFl\'Wi"C.,""ft';'!)";~If'~-"~i1<!l,.,!~~~!~c1!;;~~1~~.J';W~,~~~W~~,",,'!~'i SHERIFF'S RETURN - REGULAR . CASE NO: 2001-02004 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GE CAPITAL MORTGAGE SERVICES VS BURRY KENNETH G ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BURRY KENNETH G the DEFENDANT at 0017:50 HOURS, on the lOth day of April 2001 at 401 PINE ROAD MOUNT HOLLY SPRINGS, PA 17065 by handing to KAREN NICKEL (LEGAL ADULT RESIDENT) a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.72 .00 10.00 .00 31.72 so;:~~~ R. Thomas Kline 04/11/2001 FEDERMAN & PHELAN Sworn and Subscribed to before By: ~- ;L~;Z Der~Shefi me this day of A.D. Prothonotary ,;-~-~ F~"~ . '.'1 '=~I ,-- " I . ~'T": " ~- ~- ~.-- .~.~!l'lfI'fUffillF~~,," _~," _^ _' ...~~,~W mrnlrr . "I c ~ (~ C:l ":J GI 1"- ~ ". "'i'1 -1"" g: ,,-'- ~ ..,-' ~" ~ ~ ...._,:~ ..... ~ t.(:;_ 3 vJ ~ ~ ~ p - c ~ ~ .~ ~ c--. t) N ~ _::1 :..0 ;:;:-j -<,; Co .':0 , " ~ g 1- ~ ~. ) "'~~'-~,'~" "~~" ~,?~wr;WH,';;3;""<;;1"P":;<?)ii'!;",~miM~4i<iJ!'!1ll!1!1ll'~f!tmj!i!;~1_~1I'F""~ "~~! , , t PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GE CAPITAL MORTGAGE SERVICES INC. Plaintiff, CUMBERLAND COUNTY v. No. 2001-02004 KENNETH G. BURRY THE UNITED STATES OF AMERICA Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $71,077.43 Interest from 5/25/01 to 9/5/0 I (per diem - $11.68) $1,203.45 and Costs TOTAL $72,280.88 ~. 1d0-- ~ FEDERMAN, ESQUIRE ONE PENN CENTER at SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103 Attorney for Plaintiff -- Note: Please attach description of property.No. , r~g< ,-j -, ,-"-- " ., 1"1'\' , . 1.1 'T'" I ,~ ~ " ;;ll!!R~...... ~~_ W,~"_ ,~ ~ "- ~-.- ~ ~ '"~.--,- ~,,~- .~-"<- ~- '.. .~ - T 'iL < < t -< u i:i! r-l ~ l/1 ...:$ '" u = t- o~ Z ... Z .... 00;>- ""' 0 0 -< -<... 00 00 ""' =- r-l r-l Eo< r.5 r-l... U ~ ;;;l S:oo ~ U Z .,j ZZ ~~ ~'E' ~ ; OZ =- ~ Q ~rs: r-l r-l := 00 00 ;;;l~ ... ~ OJ < ;;;ll:l'" '" ~ . ~ =:lEo< OOS OJ 0 O~ . ""' Eo< ~ =-<... .s:> 0 ~Z C;O'" ~ 0 UZ -< .; i:i!~ '" ...;;;l ~ .. =;;;l =~~ a ~. 00 ~ Eo<r-l ~~ E'-<r-lEo< ~ Eo<U r-l= ~ .: f;I;1Zz OJ Eo< 0 ZEo< or Z""';;;l fa" ~l:l ~ Z Z=.. p, ;;;l~ ~ ... <= ~....O ~ r-l6 ~~ ~ 8;j =- ~ Eo< ""' r-lr-l ""' U '" ==:l =- ~ '" Eo<~ -< ..c; ~ Z;;;l U ~ ""'u ~ =- ~l:: .~ T~'~~~"'~_~_" rllM~<_ _ _~,,,..,,$l~~"'''1'~-'HP'i;.,:',',':0 "',~ "<<';'_",":;""1'~L~;"''?J;'''ll"Fnri.j'f'~?,,~'''<U;''',-,",W~-'^''';>''_''';:'' 1?~-"i';r'f\i~Jil;'r~l"'Il"'i'~j~%,*'f.::- " ~ - t ALL THOSE TWO CERTAIN tracts of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO, 1 BEGINNING at an iron pin on the Southern side of the Pine Road, said pin being 24 feet Westwardly from the Eastern boundary of the land now or formerly of Bert L. and Mildred C, Woodward; thence Southwardly by a liI;1e. parallel with said Eastel11 boundary and 24 feet distance therefrom, South 17 degrees, 42 minutes East,250feet to an irOI)..pin on the line of other land now or formerly of Bert L. and Mildred C. Woodward'; thence Westwardly by a line parallel with the Southern side of the Pine Road, 100 feet to an' iron pin on the line now or formerly of other land of Bert L. and Mildred C. Woodward; thence b{the same, North 17 degrees, 42 minutes West 250 feet to an iron pin on the Southern side of the Pine Road; thence by the latter Eastwardly 100 feet to the place of BEGINNING. TRACT NO, 2 BEGINNING at a point on the Northern side of the Pine Road at the Eastern boundary line of the land now or formerly of Bert L. and Mildred C: Woodward, thence Northwardly along said boundary line, 15 feet, more or less, to the Southern bank only of the Yellow Breeches Creek; thence by said Southern bank in a Westwardly direction, 70 feet, more or less to a point; thence by a line parallel with the line fIrst mentioned above in a Southwardly direction, 16 feet, more or less, to the Northern side of the Pine road; thence by the latter in an Eastwardly direction, 70 feet, more or less, to the place of BEGINNING, - ----, Tax Parcel #40-30-2642-012 TITLE TO S~ID P.REl'v~SE~ IS VESTED IN Kenneth G, Burry by Deed from William L. Smith and Jean Mane Smith, his wife dated 7/29/93, recorded 7/29/93, in Record Book K-36, Page 1106, ~ r_ ~ ~ 'i '-.. ""- Iv €' c2 '- ~ ~ '--.J ,. ., c,.<Q, ~ ....... '1 6 C' C> I j-p n" = - 0- w ~ tJ lU B ~ , , ~ ~', "" '~," ,- ;or . mo" "V ",~_,~',~",-,,,,_____'n~< ~-~" .~'nurfjJl-~'*' ~-nrillllrn ill n r~"' - -']~\'(\-;;;'C:f'iCt9 ...0 b c I tv"!:!: '- ~ ~B r~ ~.f) ~ ~ ""tJQ5 mfD Z....L' z~:;: ~~~:: r:: c~ < -- PC) 20 )>C ~~ o (lU " . 1 o o -'1 ~ ~ d , "' ... " L c:: --"'" ~ .-,"~ ;Q ~~ () , --j 55 -< ~ t CO ~ o N C..;> ~- . - ]"~ Q~mt:]!.Qj'~FffliIl!~l"l'.!t,~ 1IlR~....,. __lll!l:ll.J!.~~l ~_l~\'ilII'w,j!'_',"",_f~,<\""';1nl!\l~'"">~~"~_~"_''''-i'''i'~1%-''l11WW''!'''j~-~~'!iil~'N,_"j":I!'i'''i-I'~]'~;;''lIlf-~ilfl!il\'~~!i1,$''ltli-~: "",..... . GE CAPITAL MORTGAGE SERVICES INC. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS KENNETH G. BURRY THE UNITED STATES OF AMERICA CIVIL DIVISION NO. 2001-02004 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) GE CAPITAL MORTGAGE SERVICES INC., Plaintiff in the above action, by its attorney, F~ FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 401 PINE ROADMOUNT HOLLY SPRING, PA 17065 1. Name and address ofOwner(s) orreputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) KENNETH G. BURRY 401 PINE ROAD MOUNT HOLLY SPRING, P A 17065 2. Name and address ofDefendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above '1'1'~~lJ_!! ~I . I II #111 - t 3, Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME US TREASURY DEPARTMENT, PITTSBURGH OFFICE UNEMPLOYMENT COMPENSATION FUND JAMES C. CASTOPOULAS LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) 1000 ILffiERTY AVENUE PITTSBURGH, PA 15222-9974 16TH FLOOR, LABOR AND INDUSTRY BUILDING HARRISBURG, P A 17121 13 SOUTH HANOVER STREET CARLISLE, P A 17013 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) MERCANTILE MORTGAGE 630 FREEDOM BUSINESS CENTER, SUITE 314 KING OF PRUSSIA, PA 19406 NAME 5, Name and address of every other person who has any record lien on the property: None LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) 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 USA, Internal Revenue Service Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney Eastern District of P A , ".~A-; I - I ~ -. ,~ LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Thirteenth Floor Suite 1300 1001 Liberty Avenue Pittsburgh, P A 15222 Suite 1250, 615 Chestnut Street Philadelphia, P A 19106-4476 Attu: Terry Reardon "I ..... 7, Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 401 PINE ROAD MOUNT HOLLY SPRING, PA 17065 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.s, See, 4904 relating to unsworn falsification to authorities, June 4.2001 DATE ~1:~ FRANK F DERMAN, ESQUIRE) Attorney for Plaintiff "11_-1 ,. "-~ ,~, r ' '! 1" - i... " 0 .~ "~- >O'.-h .~ " ~, '" 'J'i!illQ _~~~. <"' ,~,~~~,,_,~~_'~ __UI, 4~~i__rl~~~ I! ~ .~~,_o _ ~"Jlll'l~.."~~", .~""",!"""fiW'.e.€,,"::i,'i!""J':-I' (') c :~ ;:g 'r; '"'7'" .e;.....::C ~~~ ~C) ~C) ~O ""'C -" ~=i -<; p;' B~ '" . rrl.T!' -. o o "'1 l:.- e::: ~ r-~ --t!'!'1 -:--'10 .;~{ z-j ,;~! iil~, ,~SJn .......; '-" Ii -< ,~, ,~ :e>;. 25 f',..,) c..,) ^~,>.'"),q""WI'F\..g:~~,,,,~\,,,,.;~Wi1lfF'iW,,,~{,~"~~-'i-"',<!l'otr1!ti~'$~lP;-~~f:,;; . , FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF GE CAPITAL MORTGAGE SERVICES INC. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION KENNETH G. BURRY THE UNITED STATES OF AMERICA NO. 2001-02004 Defendant(s). CERTIFICATION F~ FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage () non-owner occupied () vacant () Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~~ Attorney for Plaintiff '----. ''"_~ . 0 ~ ",^.,., ~, - I ~, _, "' - - II ;WiI~~~ IIL._~. ~ ~, ~..,-...._~",,,,~ Jjj~_~Jllll"",,~. - "'-"' "" ~ fS V]'I-f """_~ot . 0 0 ~2 c: , :;:: So ,- ,,-co Z -,", ~rn '. -",;:9 _c_,rq Zl.~ 0) :~j i:-J- mJ-~' .. , -<';.:- :':t ~~,~ r:;':Ci :E'~: '- (,) -n )>C>' --,. (~ ;SC' .., i'Y" :l>e: "" ~ -, :t ~') ~ e- ..'' _1!If~J1!~~~"-"","'ni'~i'~_::"?"-'.;W:,":,,,;,.-.-.:,k'i:"o;ij?\,,.,~-;;;:'""''(~1~tJl~~1')'"Ii'$'''mll~f""~_~,1im~ltlll~;",!r~w;-; .," \. . GE CAPITAL MORTGAGE SERVICES INC. Plaintiff, CUMBERLAND COUNTY v. No. 2001-02004 KENNETH G. BURRY THE UNITED STATES OF AMERICA Defendant(s). June 4,2001 TO: KENNETH G. BURRY 401 PINE ROAD MOUNT HOLLY SPRING, PA 17065 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY," Your house (real estate) at 401 PINE ROADMOUNT HOLLY SPRING, PA 17065is ''''. scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtain'ed by GE CAPITAL MORTGAGE SERVICES INC. (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for the December 5, 2001 Sheriffs Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3, You may also be able to stop the sale through other legal proceedings, "",-"1lll~...~. _, ~_._~. _~ ~I I I II \ "~ ~ ~ , ., :;j-,,- -"1r~' ' " " ' "" You may need an attorney to assert your rights, The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale ifthe bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4, If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5, You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you, ,~, 6. You may be entitled to a share ofthe money which was paid for your house, A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 UBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-91 08 --, ~I"~! ~'I I I ,I "T"'" ~=~ . ~, ~. ALL THOSE TWO CERTAIN tracts of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: TRA.CT NO, 1 BEGINNING at an iron pin on the Southern side of the Pine Road, said pin being 24 feet Westwardly from the Eastern boundary of the land now or formerly of Bert L. and Mildred C. Woodward; thence Southwardly by a line parallel with said Eastern boundary and 24 feet distance therefrom, South 17 degrees, 42 minutes East, 250 feet to an iron pin on the line of other land nOW or formerly of Bert L. and Mildred C. Woodward; thence Westwardly by a line parallel with the Southern side of the Pine Road, 100 feet to an iron pin on the line now or formerly of other land of Bert L. and Mildred C. Woodward; thence by the same, North 17 degrees, 42 minutes West 250 feet to an iron pin on the Southern side of the Pine Road; thence by the latter Eastwardly 100 feet to the place of BEGINNING. TR.A..CT NO, 2 BEGINNING at a point on the Northern side of the Pine Road at the Eastern boundary line of the land now or formerly of Bert L. and Mildred C. Woodward, thence Northwardly along said boundary line, 15 feet, more or less, to the Southern bank only of the Yellow Breeches Creek; thence by said Southern bank in a Westwardly direction, 70 feet, more or less to a point; thence by a line parallel with the line first mentioned above in a Southwardly direction, 16 feet, more or less, to the Northern side of the Pine road; thence by the latter in an Eastwardly direction, 70 feet, more or less, to the place of BEGINNING. - ----, TiLX Parcel #40-30-2642-012 TITLE TO S~ID P,REIV~SE~ IS VESTED IN Kenneth G. BUfTY by Deed from William L. Smith and Jean Mane South, his WIfe dated 7/29/93, recorded 7/29193, in Record Book K-36, Page 1106. p.~ ., ,"\'"~',' ',,~,~ d_ ~ -, J;. i i 1,- M_,~Ifl~~~~~, ., ,-~ , - H" "= '''''-'',_"" -''''-~''''V~- - ~"i --'If!lir"rr~'" "'t' .~ , , 0 a () C ?:;: -n -0 CD S [PIT ~- G-- ::0 --;".. J.-.' z,-- I ~'Tl 0~!:.,: co ..t(-':"I kC~; 5: '-,:; ~:.; d:'>C) +{ Z:c ;';~-:) >d S' ~5"n -,. ::~ ~- j,.... :~ .l:"' :J:J -< ,~_,='''~~~.9!f1~'''''W*iW'=o;''r",f'n''1-'0:''''~''iO;:~'>!l~'r.'!t'\''r~!''t'-,*~!f11iJl('"~"-~':f",I~~i!tq"~fIt'~!It~L!"li :-~' -, AFFIDAVIT OF SERVICE PLAINTIFF GE CAPITAL MORTGAGE SERVICES INe. CUMBERLAND COUNTY No.2001-02004 DEFENDANT(S) KENNETH G. BURRY Type of Action - Notice of Sheriff's Sale SERVE KENNETH G.BURRY AT 401 pINE ROAD MOUNT HOLLY SPRlNG,P A 17065 Sale Date: SEPTEMBER 5, 2001 SERVED Served and made known to Ke/0lJ'1- t~ (3"({i<.1 at 6:1-5" 'O'c1ock~m,~t 101 Ave i<.cf " , Defendant, on the .I f1 rfi. day of~i'> '<- ,200J., AI J, 1.//1 5 ( 1< r tv') 5 , Commonwealth of PelUlSylvania, in the manner described below: X Defendant personally served, Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship, Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business, an officer of said Defendant(s)'s company. Other: O~K {~t? Description: Age -.!/fl Height.:5"' ''7'11 Weight.tSJ? Race ~ Sex 11- Other I, cl;)~",I"C"-l.." ('3"'~rJl( , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above, Notarial Seal Sworn to and su~s ribed Stacy L. Heefner, Nota b ~ thi' da Chambersbulll Bo eJ.ore e S Y My Commission ,2~. II.. I.. .~.~ .r, e~~~van o I ~ NOT SERVED On the _ day of ,200_, at o'clock _.m" Defendant NOT FOUND because: Movect Unknown No Answer Vacant Other: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center Suburban Station, Suite 1400 Philadelphia, P A 19103 (215) 563-7000 '~'"-""!~ ~. - , . I I ~ "i'JlII!, ""~~ - ""'" ~""""'"- ~, ~~:'""'_"oI$ll1iI' ] ,_ ~"""""" --~_, " ","" -"0 ," '..'- __'~"~ ,"'^'< -~~''''<' ,,~'""', ~_L_' - '-"'H''''_ 8' (Sf'; - M""'~"lil.llil'llir""'i~" / ':--' .. - l ~::' """,JiIlIf!JIl!f~1""'!'""1"~~,);jfIW:--f>"fII\'';_''I=']b!,...,,F--'h.,.,'~J--''i,~f'_'~;:'~r;;'!!J.e;~~~'f;m~""'~4i5';,"':i~"i\ljl!l~'1IJ>~;;'~~1 '8:,~",,\i%~~:;c "'~,'<g.~,,, f , FEDERMAN AND PHElAN By: .. DANIEL G. SCHMIEG, ESQUIRE IDENTIFICATION NO. 62205 ONE PENN CENTER AT SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATIORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CML DMSION GE CAPITAL MORTGAGE SERVICES, INC. Plaintiff v. COUNTY: CUMBERLAND FILED: 4/512001 NO. 01-2004 KENNETH G. BURRY and THE UNITED STATES OF AMERICA Defendants STIPULATION It is hereby stipulated and agreed by and between counsel for plaintiff, andthe defendant, United States of Arnerica, as follows: 1. That the premises known as 401 PINE ROAD, MOUNT HOLLY SPRING, PENNSYLVANIA (the "Premises") is owned by the defendant(s). 2. That the Federal tax lien referred to in paragraph nine (9) of the plaintiff's Cornplaint is junior in time to the plaintiff's rnortgage set forth in paragraph three (3) of said Complaint. 3. That the defendant, United States of America, is not indebted to the plaintiff. 4. That the defendant, United States of America, agrees to the entry in this action of a judgment in favor of the plaintiff and against the United States of America for foreclosure and sale of the rnortgaged property. ':-"1~.JlII~ _ ,'" l~r - ,'" I'i"~ ~" IIrr17U ~.,_..,., "" -""'~--'- -~ ~ o ~' '. '" -d ",,' ,~' ,'".'<".""",, ,>~,,, -"",-",<-'-',;,-,,-,~,- -""'-""-"'''''''''''~'''''''-'''~~-''-'''W:tnrllim''5W;fA~*N~~-r~ ..~ ")' \01\\ t.' ""\ ~ "l:r~U . .. ,,'~: W\\~'.t\';\r .. " 0 (, 1:\\\\ \\lIlL SO :6 \,,~ , ~ \ ". '. ' " \ "..,.",~~~~~511l~11'\'-ml!~~\~*gj;"'~~!1li"'1"""'W;;o~~I',\?""',t;r,~ ,,';r"'i""':~"'tl'\'i,~V~''',"~'f',pl:r,*,,::.nWj;1I:''''W,,(1:'1''fi;iii'!f'~~%"MirniW!~~_- -,.j, ,. , " 5. That the aforesaid premises shall be sold at a judicial sale, notice of which will be served on the defendant, United States of America. 6. That the judicial sale of said property shall discharge the Federal lien referred to in paragIaph nine (9) of said Cornplaint. 7. That the proceeds of sale shall be divided and distributed as the parties may be entitled. 8. That the defendant, United States of America preserves its right of redemption as provided in Title 28 United States Code, Section 2410 (c). 9. The parties to this Stipulation shall bear their own respective costs in this proceeding. Date: t By: Joseph J. Assis ant Attorn Deputy Chief, Civil Division Attorneys for United States of America Date: (; 11-r/a.OlJ/ . By: Daniel G. Schmieg, Esq. One Perm Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1804 Attorneys for Plaintiff Loan: 10736528 ':";:~";=r ~~"~ '-I 1":'{ . ~ . f::<V';j.~ ~ <vv# ~ ~o/ ,,'5 .~~~ ~~~~ c,.,<V ;$)<(} AO <V,.. f.(,V';- 'qV Dan Schmieg, Esquire Ex!. 1272 June 12, 2001 FEDERMAN AND PHELAN A TIORNEY FILE copy PLEASE RETURN FEDERMAN AND PHELAN, L.L.P. One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 Phone: 215-563-7000 Fax: 215-563-7588 Ernail: dan.schmiegtq),fedphe-ua.com Representing Lenders in Pennsylvania and New Jersey Ms. Mary Padgett U.S. Department of Justice United States Attorney Middle District of Pennsylvania 228 Walnut Street P.O. Box 11754 Harrisburg, Pa 17108 FEDERMAN AND PHELAN A TIORNEY FILE COpy PLEASE RETURN" RE: USA TAX LIENS ON THE FOLLOWING: KENNETH G. BURRY THE UNITED STATES OF AMERICA County: CUMBERLAND Court No. 01-2004 Filed: 4/5/2001 Dear Ms. Padgett: .. Enclosed please find the complaint filed by our office as well as the proposed stipulation(s) relative to the IRS liens on the above. If acceptable, please have the stipulation(s) signed and returned to me at your earliest convenience. If you have any questions, please contact me. Thank you for your attention to this matter. Sincerely, ii~_&q: Enclosures ;"'!'l!>'T~"="""" - ~- ~-_. FEDERMAN AND PHElA.1t ATTORNEY FILE COpy PLEASE RETURN I~ r -_-~I I I 1 ,t< " r~ '- "- :c ~ -- llJ .( '" ......') " \~ ~~...~f:!Jijl'~o ~~lWI!tI\!,!r; (,I1.'SOI ~jridl) \ 80:6 ItW <= , ~ -- ~.~". -~ ,_"n r'lf1T'Il' \ \.' .~ ~ !. . \lJ'r>. ,; 'I,. .. i',}';;: ~ '~':f~':~ '-;':,. \t; ).,' iI :;"'1~ ~ 1? '" ~. 0::: el "~!>lfl1'~!;;!].~l~~I~~'WI~l'l&l1NF')"i)!';'!*"iR"'~"lm'!"'~rN-.,,;_".,,.,Hi"\J-'M"'P:"SHI~.-,~~,..-t:t";';"1l"'~;f~~_"il!,('-~t"';J-';V'i:":;:;f~"I/'qW~~!lil','r;:;<~,~' oz Nllf \\JUL 'I'j!" ~ '" '" f SALE DATE: SEPTEMBER 5. 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW GE CAPITAL MORTGAGE SERVICES INC. No.: 2001-02004 vs. KENNETH G. BURRY THE UNITED STATES OF AMERICA AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 401 PINE ROAD. MOUNT HOLLY SPRING. PA 17065. As required by Pa. R.C.P. 3l29.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No.2 (previously filed) and Supplemental Mfidavit No.2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy ofthe Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U,S. Postal Service is attached for each notice. ~~ F FEDE , ESQUIRE Attorney for PlaintIff August 28, 2001 ;~:~"'T"" : -,_~_ 0"',' -.' I_e. , C';, I tor . , .. .., 3, Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME US TREASURY DEPARTMENT, PITTSBURGH OFFICE UNEMPLOYMENT COMPENSATION FUND JAMES C. CASTOPOULAS LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) 1000 LIBERTY AVENUE PITTSBURGH, PA 15222-9974 16TH FLOOR, LABOR AND INDUSTRY BUILDING HARRISBURG, P A 17121 13 SOUTH HANOVER STREET. CARLISLE, P A 17013 4. Name and address of the last recorded holder of every mortgage of record: NA1\i!E LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate,) MERCANTILE MORTGAGE 630 FREEDOM BUSINESS CENTER, SUITE 314 KING OF PRUSSIA, PA 19406 NAME 5. Name and address of every other person who has any record lien on the property: None LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) 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 USA, Internal Revenue Service Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney Eastern District of P A ")i~'~1 , _ 'r~_,~ -I' LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Thirteenth Floor Suite 1300 1001 Liberty Avenue Pittsburgh, P A 15222 Suite 1250, 615 Chestnut Street Philadelphia, P A 19106-4476 Attu: Terry Reardon ,'I"'-j ~ .... I 7, Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 401 PINE ROAD MOUNT ROLLY SPRING, P A 17065 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Hanisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. June 4. 2001 DATE ~J1Ji1/~ FRANK F DERMAN, ESQUIRE ~ Attorney for Plaintiff ;~~~ > 1-,',. "J-" -" ~" , ,'f- ~, :- 1- I I ~ ~ I DATE: June 4,2001 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S) KENNETH G. BURRY THE UNITED STATES OF AMERICA PROPERTY: 401 PINE ROAD MOUNT HOLLY SPRING, P A 17065 Improvements: Residential Property CUMBERLAND COUNTY The above-captioned property is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2001 at 10:00 a.m. in Cumberland County Courthouse, South Hanover Street, Carlisle, P A. Our records indicate that you may hold a mortgage or judgment on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. LH i~'i,," ~! ~-""h _ ,', "''!'' ,. 1'- I'r 1 , . 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"'0'''''' 0 "T1 2:~:lm Q)'-..JIDO a.c....\Jm CD 0 (1) ;0 iJ::T:lS: 2:~:J)> ",-nOz , (1) "O,,:J)> )><1lCiiZ ~5"'O mS,lJ o.(JJI '<em Cllcrr o e )> ~a-z (1) '" 03 :J ~(JJ C. ... '" CJ)~ e 0 _.:J Cii ~ ... o - ~ ['I!!!iII~_ ~ "' "" . -". "'^ - ..=_~_ '"'~o!l!""~~'~ "1Il , ~'- .,,",~ -"'- .,--, " ., - ",- ^ ,";,=,.,~.,- ~)~--;: Ii, r~' 7!::.: t;j :~~ F~j-=-. ~f;--., )ee. (~ <- .") -, ~0 G"y -I~ o c :;-.-.- 11I-'- """11111'[ '. c,; ," ,",Cj --:::1 r:-? -1'1" :}1 {J'l _""~~~l,";r.!~~_q~-;1'_'f'i!'~';,>-_~o;F""'7,;""""::,,::,-,",,",,,,,,,~,i"'~;';;"",Rn"~'1''''1'"''~~~':!",''''_'!'F''C'!'-''''-,-'TIf'7''f'~f'i''~~r~~l':i" ~. '. STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } ss. Robert P Ziegler I, ______________________________________________________________________________Flecorderof Deeds in and for said County and State do'hereby certify that the Sherifrs Deed in which ________________ ______F_~11~_J_~rg9_Ji~~_~~!!~~8~________________________________________________ ~ thegr.ontee the same having been sold to said grantee on the ___________2j:jL_______________________________ day of September ~001 ________________________________________ A. D., ' _____, under and by virtue of a writ______________ Execution . _______________________ ___ _____ _______ _____ ___ _ _ISSued on the ___ _ _-8.tb.______ ____ ____ __ ________ ___ day of ___________-!':!!:'.!'___________ A. D., 2001 . ' -____, out of the Court of Cornman Pleas of said County as of Civil 2001 ------------------------------..,-- - -- ---------- - - -- --________ ____ ______ ______ _____ T enn, : Number ____~Q9.!>.._____, at the suit of _______GE_.c.allU.ALtl9_r_1;.g"&.~_~!'}"X!!:!'_s__!!:'~__________________ ---------------- ---------___ ___ __ __ against. __!<:~!':_1;. ~_~_ _~~::!J.___ __ ________ ____ ____ _________ is duly rec:orded in Sherifrs Deed Book No. _~~~_______, Page _____~_1_~~__. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office th~ ____Lt.__ day of -___~~.h..c-------------- A. D., ~____ ~~---------------------- Recorder of Deeds GE Capital Mortgage Services, Inc. VS Kenneth G. Burry .' In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-2004 Civil Term David McKinney, Deputy Sheriff, who being duly sworn according to law, states on July 6, 2001 at 3:55 o'clock PM EDST, he served a true copy of Real Estate Writ Notice and Description in the above entitled action upon one of the within named defendants to wit: Kenneth G. Burry, by making known unto Kenneth Burry, at 401 Pine Road, Mt. Holly Springs, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copies of the same. David McKinney, Deputy Sheriff, who being duly sworn according to law, states on July 6, 2001 at 3:55 o'clock P.M., EDST, he posted a copy of the Real Estate Writ, Notice, Poster and Description on the property of Kenneth G. Burry located at 401 Pine Road, Mt. Holly Springs, Cumberland County, Pennsylvania (consisting of two tracts), according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a pendency of the action by regular mail to one of the within named defendants, to wit: Kenneth G. Burry, at his last known address of 401 Pine Road, Mt. Holly Springs, P A 17065. This letter was mailed under the date of July 9, 2001 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, Pennsylvania, on September 5, 2001 at 10:00 o'clock A.M., E.D.S.T., and sold the same for the sum of $40,000,00 to Attorney Dale Shughart (for Attorney Frank Federman) for Wells Fargo Home Mortgage. It being highest bid and best price received for the same, Wells Fargo Home Mortgage of 5024 Parkway Plaza Boulevard, Charlotte, NC, being the buyer in this execution, paid SheriffR. Thomas Kline the sum of $1,914.39. Sheriffs Costs: Docketing $ Poundage Posting Handbills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Law Joumal :,;i\[ ,.1 ~,~, -, - I'~ 30.00 800.00 30.00 30.00 30.00 10.00 .50 1.00 3.90 1.73 30.00 30.00 339.80 ,. Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 300.30 25.66 25.00 26.50 $1,714.39 paid by attorney 10-05-01 Sworn and Subscribed to Before Me so~~ ~ . This~Dayof ~/,,~ 2001, A.D. ~'l" f1 /h,U" j ~ Pr onotary R. Thomas Kline, Sheriff ~ BY . R I Es e Deputy ~.~ 3b. ~ 1) J, tk.. 3'1"102' ~, II f31) ^<,~J[f,'l!'!1_I).~~'!llf, I ,_ _, . COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) , WRIT OF EXECUTION and/or ATTACHMENT NO, 01-2004 CIVIL ~ TERM CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: to satisfy the debt, interest and costs due GE Capital Mortgage Services, Inc. PLAINTIFF(S) Kenneth G. Buny and The United States of America, 401 Pine Road, Mount Holly Springs, PA 17065 from (1) You are directed to levy upon the property ot the defendant(s) and to sell DEFENDANT(S) See Legal Description (2) You are also directed to attach the property ot the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to nomy the garnishee(s) that: (a) an allachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt 10 or for the account of Ihedefendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; . (3) If property of the defendant(s) not levied upon an subject to allachment is found in the possession of anyone other ~han a.named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above stated, Amount Due $71,077.43 from ~/~~/Ul to ~/ 5/01 Interest (pPT nF>im-Sl1.68) 51.203.45 Atty's Comm % L.L. and costs Due Prothy Other Costs $.50 $1.00 Any Paid Plaintiff Paid $103.72 Curtis R. Long Prothonotary, Civil Division Date: June 8, 2001 ~ 40./?'10 P ~Cf}/)./:Jr,~ Deputy REQUESTING PARTY Name Frank Fedennan, Esq. Address: One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No, 12248 ~' ~"..~,,"'-~ ,..n:: - , ~ 'r, " .. , . ,~, . RIAL EST ATE SALE No. Sq cs C:;M1 C\til c::::::s ~ (iiiiiUl On J (..v1\..L (q I ;) 06 ( the shenff lellied upon the lleJenOallL interest in the real property situated in,A6I..J::Jt. fY!tNdd4hrrl.J~ OlJ'mberland County, P.a., knowo::Jnd numbered as: t/b / Pw_ [bc.,J f/l0iJJL-I: ~ a~lv ';,Si"!'JHd on Exhibit "A" filed with this writ and by this reference incorporated herein. !Jate: J(LI\.Q... I~ .20(:) / By:_ W ..... ~ .1 \ ~~ N H 3 d \'\ 1'{ " ,\ ! '. _.' r\ :;~;,I" I " , ' iUI lid at: t t\ llll! _, -\.1no 'lNncc- ~\\-,' ~;;-;~I:l:lO 1\ :ll!C' l~-,,, ;l:lltl,.." , . CI~ ~~ 't,,-~ ~, . _~lI)I?Il\l~~~~_'*Ij/!!;t~>R.!Hllfl';j!ll!I~_~~~~I\?H'I'i:!~Fg~ff:!f1<i:'""~:'::"'''~'' ;';,"',.^_l"",'_,~,!",~tC_<W;f";_' A:o;1I'"",'F;"'-'''',''''''~~F:i''f<"'''''''4'''''I!'-1!'~~'i;J~1I~ . . , SCHEDULE OF DISTRIBUTION SALE NO. 59 Writ No. 2001-2004 Civil Term GE Capital Mortgage Services, Inc. VS Kenneth G. Burry Filed October 5, 2001 Date of Sale: Buyer: Bid Price: September 05, 2001 Wells Fargo Home Mortgage $40,000.00 Real Debt Interest Attorney writ costs $71,077.43 1,203.45 103.72 Total $72,384.60 Distribution Amount Collected Legal Search Sheriff's Costs $1,914.39 200.00 1,714.39 so~ ~ --t:~ R. Thomas Kline, Sheriff 1''''''-'"''''] ~" ---~,~'.. . , '. TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WmCH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 59 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 unfiled 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 William L. Smith and Jean Marie Smith, husband and wife, by deed July 29, 1993 recorded July 29, 1993 in the Office of the Recorder of Deeds in and for Cumberland County in Carlisle, Pennsylvania in Deed Book "K," Volume 36, Page 1106 granted and conveyed to Kenneth G. Burry. 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. Rights or claims of parties in possession, if any, other than the owner. 2, 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. Payment of State and local Real Estate Transfer Taxes, if required. Public and private rights in the roadbed of Pine Road. Mortgage in the amount of 6 422.00 iven by Kenn"t~ r: :B'l~'j-ole owner to Bank United of Texas, FSB, tedJul 29 ' ecOtQ.edJul_29, 19_:_ MortgageBook 1153 Page 1003. Assigne to G.E. Capitol Services, Inc. by instrument recorded in Miscellaneous Record Book 472 Page 386. Complaint in Mortgage foreclosure filed by G. E. Capitol Mortgage Services, Inc. as Plaintiff against Kenneth G. Burry in the United States of America as Defendant in the 4. 5. 6. ~"" r,~ -, 0 _~I~_ It"" .1 Office of the Prothonotary of Cumberland County to file number 2001-2004. Default judgment entered May 29, 2001 in the amount of $71,077 .43. 7. Judgment entered by United States Treasury Department as Plaintiff against Kenneth G. Burry as Defendant on September 18, 2000 in the Office of the Prothonotary of Cumberland County to file number 2000-6334. 8. Lien filed by the Unemployment Compensation Fund as Plaintiff against Kenneth G. Burry et al as Defendants on December 6, 2000, in the Office of the Prothonotary of Cumberland County to file number 2000-8458 in the amount of $686.11. 9. Lien filed by Unemployment Compensation Fund as Plaintiff against Kenneth G. Burry, et a! as Defendants on December 6, 2000 in the Office of the Prothonotary of Cumberland County to file number 2000-8459 in the amount of $1,406.29. 10. Lien f1led by Unemployment Compensation Fund as Plaintiff against Kenneth G. Burry et a! as Defendants on December 6, 2000 in the Office of the Prothonotary of Cumberland County to file number 2000-8460 in the amount of $552.60. 11. Lien filed by Unemployment Compensation Fund as Plaintiff against Kenneth G. Burry et a! as Defendants on September 19, 2000 in the Office of the Prothonotary of Cumberland County to file number 2001-5456 in the amount of $1,346.68. 12.. Mortgage in the amount of $32,931.00 given by Kenneth G. Burry, unmarried man, to Mercantile Mortgage dated May 8, 2000 recorded May 22, 2000 in Mortgage Book 1613, Page 527. 13. Riparian rights in Yellow Breeches Creek. 14. Rights granted to Metropolitan Edison Company by instrument recorded in Miscellaneous Record book 97, Page 219. 12. Possible rights as granted by instrument dated July 14, 1950 and recorded July 20, 1950 in Miscellaneous Record Book 93, Page 268 regarding a private road and bridge with unascertainable location. 13. 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. 14. Rea! 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 va . until countersigned by an anthorized sign ,,~.~-,~-~ ~ ,. , , . , , . REAL ESTATE SALE No. 59 Writ No. 2001-2004 Civil GE Capital Mortgage Services Inc. vs. Kenneth G. Buny and The United States of America Atty.: Frank Fedennan ALL THOSE TWO CERTAIN tracts of land situate in South Middleton Township. Cumberland Couhty. Pennsylvania. bounded and de- scribed as follows: TRACT NO. I BEGINNING at an iron pin on the Southem side of the Pine Road. said pin being 24 feet Westwardly from the Eastern boundary of the land now or formerly of Bert L. and Mildred C. Woodward: thence Southwardly by a line parallel with said Eastern boundary and 24 feet distance there- from. South 17 degrees. 42 minutes East. 250 feet to an iron pin on the line of other land now or fonnerly of Bert L. and Mildred C. Woodward: thence Westwardly by a line paral- lel With the Southern side of the Pine Road. 100 feet to an irOn pin on the line now or formerly of other land of Bert L. and Mildred C. Woodward: thence by the same, North 17 de~ grees. 42 minutes West 250 feet to an iron pin on the Southern side of the Pine Road; thence by the latter Eastwardly 100 feet to the place of BEGINNING. TRACT NO. 2 BEGINNING at a paint on the Northern side of the Pine Road at the Eastern boundary line of the land now or formerly of Bert L. and Mildred C. Woodward. thence North- wardly along said boundary line. 15 feet, more or less. to the Southern bank only of the Yellow Breeches Creek; thence by said Southern bank in a Westwardly direction. 70 feet, more or less to a point; thence by a line parallel With the line first mentioned above in a Southwardly direction. 16 feet. more or less, to the Northern side of the Pine Road; thence by the latter in an Eastwardly direction. 70 feet. more or less. to the place of BEGINNING, Tax. Parcel #40-30-2642-012. TITLE TO SAID PREMISES [S VESTED IN Kenneth G. Burry by Deed from William L. Smith and Jean Marie Smith. his wife dated 7/29/ 93, recorded 7/29/93, in Record Book K-36, Page 1106. " GE CAPITAL MORTGAGE SERVlCES lNe. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS KENNETH G. BURRY THE UNITED STATES OF AMERICA CIVIL DIVlSION NO. 2001-02004 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) GE CAPITAL MORTGAGE SERVICES INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 401 PINE ROADMOUNT HOLLY SPRING, PA 17065 1. Name and address ofOwner(s) orreputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) KENNETH G. BURRY 401 PINE ROAD MOUNT HOLLY SPRING, P A 17065 2. Name and address ofDefendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above ~,') f ' ~ " - , I 1 '=1 ,-,- ,- , , . 3, Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME US TREASURY DEPARTMENT, PITTSBURGH OFFICE UNEMPLOYMENT COMPENSATION FUND JAMES C. CASTOPOULAS LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate,) 1000 LIBERTY AVENUE PITTSBURGH, PA 15222-9974 16TH FLOOR, LABOR AND INDUSTRY BUILDING HARRISBURG, P A 17121 13 SOUTH HANOVER STREET CARLISLE, P A 17013 Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate,) 4. MERCANTILE MORTGAGE 630 FREEDOM BUSINESS CENTER, SUITE 314 KING OF PRUSSIA, PA 19406 NAME 5, Name and address of every other person who has any record lien on the property: None LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) 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 USA, Internal Revenue Service Special Procedures Branch Federated Investors Tower U.S. Department of Jnstice U.S. Attorney Eastern District of P A "<:rp,~, ~~, ,~" or"' .~,~ -, -, LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Thirteenth Floor Suite 1300 1001 Liberty Avenne Pittsburgh, P A 15222 Suite 1250, 615 Chestnut Street Philadelphia, P A 19106-4476 Attn: Terry Reardon .~, , . ',7, Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 401 PINE ROAD MOUNT HOLLY SPRING, P A 17065 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. See, 4904 relating to unsworn falsification to authorities. June 4. 2001 DATE ~lttiJr< ~ FRANK F DERMAN, ESQUIRE Attorney for Plaintiff ,,., '",~"".,l.h , . .-' ~I' -I" < I, .' GE CAPITAL MORTGAGE SERVICES INe. Plaintiff, CUMBERLAND COUNTY v. No. 2001-02004 KENNETH G. BURRY THE UNITED STATES OF AMERICA Defendant(s). June 4, 2001 TO: KENNETH G. BURRY 401 PINE ROAD MOUNT HOLLY SPRING, P A 17065 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE, IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, 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 401 PINE ROADMOUNT HOLLY SPRING, PA 17065is '''' scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment obtained by GE CAPITAL MORTGAGE SERVICES INC. (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for the December 5, 2001 Sheriffs Sale, NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due, To find out how much you must pay, you may call: (215) 563-7000. 2, You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings, 'i>'0Rfr"-~"''ll'1l",,*.;; " "" '1 . . You may need an attorney to assert your rights, The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder, You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property, 3, The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened, 5, You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer, At that time, the buyer may bring legal proceedings to evict you. ., 6, You may be entitled to a share of the money which was paid for your house, A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days ofthe sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 :)1(~1.,,",,1'~ '1--~ >,_" , ' ~c I ~ I ~ -, I I' ., 0r . . ALL THOSE TWO CERTAIN tracts of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO, 1 BEGINNING at an iron pin on the Southern side of the Pine Road, said pin being 24 feet Westwardly from the Eastern boundary of the land now or formerly of Bert L. and Mildred C. Woodward; thence Southwardly by a line parallel with said Eastern boundary and 24 feet distance therefrom, South 17 degrees, 42 minutes East, 250 feet to an iron pin on the line of other land no~ or formerly of Bert L. and Mildred C. Woodward; thence Westwardly by a line parallel with the Southern side of the Pine Road, 100 feet to an iron pin on the line now or formerly of other land of Bert L. and Mildred C. Woodward; thence by the same, North 17 degrees, 42 minutes West 250 feet to an iron pin on the Southern side of the Pine Road; thence by the latter Eastwardly 100 feet to the place of BEGINNING, TRA.CT NO, 2 BEGINNING at a point on the Northern side of the Pine Road at the Eastern boundary line of the land now or formerly of Bert L. and Mildred C. Woodward, thence Northwardly along said boundary line, 15 feet, more or less, to the Southern bank only of the Yellow Breeches Creek; thence by said Southern bank in a Westwardly direction, 70 feet, more or less to a point; thence by a line parallel with the line fIrst mentioned above in a Southwardly direction, 16 feet, more or less, to the Northern side of the Pine road; thence by the latter in an Eastwardly direction, 70 feet, more or less, to the place of BEGINNING, - --- -~ Ta;< Parcel #40-30-2642-012 TITLE TO SAID PRENITSES IS VESTED IN Kenneth G. Burry by Deed from William L. Smith and Jean Marie Smith, his wife dated 7/29/93, recorded 7/29193, in Record Book K-36, Page 1106. ~'@~~ , r,-- "' . 11 " 1 REAL EStATE SALE. No. 59 Wrtt No, 2Il01-2oo4 . :..chiltterm , GE.CaPital Mortgage services, Inc. v'~ Kenneth 13: Burry The United States Of America Atl\r. Frank Federman DESCRIPTION AIL THOSE TWO CERTAIN tracts of land f,ltuat<: Tll Sooth Middleton Town~hip. I CiIrbberl"and; "COUtHY, Pt:nn'Syh<lRi<:l. , b<')unticd and ([e<,crihcd as folloW~: "TRACT NO. r:.BEGINNING at all iron pin 011."lhl,'::Sotlthcm 5idc of the J>i.ne Road, ~iid . /'ii'li beh~g 1~ fl~t Wel>twardly from 1~ , 8i"'I~'f11 . bound:.iry of I,hC' J:md n\JW VI'" j'&ii'i~i"iv of 861 L.." ':lnd Mildred C \"iNj'~~:nro; "thcl,ce Southwardly, by a nuC. paralkl with, said ~<;lcm ,bOlmd~ry apd ~ feet distance there "rom,- SOUlh t 7 dennx:"'. 41 minult::~' Ea~[, ~.sO feet 10 ari iron Pin on the ijn~ of (){ht:r l<Hld. now or fr)rm~r1y {If 80...rt i~ and MildrC<~ C. Woodward: thence , Wl:'~twardly' by :i: line p;]ralkl with the Southem ')Jde of the Pme Road. 1 00 f...~t {Il :an iron' pin 011 th~ line nov, 1)(" l"ormcrly of 'ritl1~r land of Ben Land" Mildred C Wl.)udward; thence: "y. the ,"'Ime, North 17 , 'deg.fet.1"'. 4: .millukvs""'~Vei>t 150 fai: to all I'fOl1 pin Oll" the SQUthem side of the Pint; Roi1d~ thence by tr,e:lattcr Eastwardly tOO fc~Uo tD.C, pl~_.of BEGINNING, TRKT NO, 2: BEGlNN1NG 31 ~ poilit on the 'Northern skle of the Jlinc- Road at the' Eastl.'m boU1.].dary 'lln~ ot.the lal)d now or fonnt'rly of. Bert l.,. ,~d Mildred C W60u'-"<lrd. thence, Northwardly a\oug S3id boundary fmc'l \5 f\X:t, rIlQr\:, Of ]0.:":-;, 1...1 thc Southem b..mk \>Illy Ql thi: Yc't1qv.- Brecdl';~ : CrceJ..;,t!:k.'Tltt:hy li3lq. Southern b..lllk in a W~:..."<;I~,-,rd]y directlon. 70 flX"t. morc or k":,;; w a point; thi.'i1('~ by ,a Imt. paralld with tflc lint,;' t'jrst mcntionto'd ..\j1ovc ill aS0Ulh\~_'1rdly 'dii"el:'don. 16, li.::1..'t. mQl'e or k'>5: to the '. Northem sId\." of ili;~ Pillt: Road: th~lKe hv t1i0. laller in Wl i:;;,a:;..rwardly, din:clion, 71)r...~t.- 'mori: or k-~~:, Ii) Ult:.. p;:.lC~ of BEGlNNlNG, '-' Tax Pared f,t;l.(}-:'\l).16-i2.01::'" l1TU~LO SAID, PREMISLS -is vt'''ilcd in I ,K,~hn~th 0:_ Burry by' D\..'l1d_ f~m \VIHi.!m L. :Sill1ib rind ~~l M::uit' Smith; his w1ft:, ,,'. :<1:1tOO: 7!Z.Y193, J\'cordiJd 70:JNJ. in Kt:Coro ,~~~~_.3(). Pagc'THJ(l. . . t#, : .. 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 The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 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 Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin i('scellaneous Book "M", V;I~m;~I~:~:~~' ..............................y{.............. COpy Sworn to and s i 21st d S ALE 1159 Notarial Sill Terry L. Russell, Notary P Harrisburg, Dauphin County My Commission Expires Junl 6. NARY PUBLIC Member. pe11nSYNania Association 01 NQ~ommiSSion expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COUR1l-iOUSE 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 $ 298,80 1.50 300.30 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid, By.................................................................... _ii"'>1'~"'W,."",.,"" . . ~I -~ ~ ----------- ~-- REAL ESTATE SALE; No. 59 - Wr.tt No. 2001-2004 Civil GE Capital Mortgage Services Inc, VS. Kenneth G, Burry and The United States of AnJenca Atty.: Frank Fedenuan ALL TH'OSE 1Wo CERTAIN tracts of land situate in South Middleton TOwnship, Cumberland County, Pennsylva.nia. bounded and de. sc:r.ibed as follows: TRACT NO, 1 BEGINNING at an iron pin on the SoUthern Slileof the' Pine Road. said pin being 24 feet Westwardly from the Eastern boundary of the land n<JW or formerly of Bert L. and 1'v.t'zld.red C. WOodward; thence SOUthwardly by a line parallel With said Eastern boundazy and 24 feet dislance there- from. South 17 degrees. 42 minutes East, 250 feet to an. iron pin on the line of other land now. or fonuerly of Bert L, and Mildred C. Woodward; thence Westwardly by a line Paral- lel \V:ith the Southern side of the Pine Road. 100 feet to an iron pin on the line now or [onnerly of other land of Elert L, and Mildred C, Woodward: thence by-the same. North-] 7 de- grees. 42 minutes West 250 feet to an iron Pin on the Southern side of the Pine Road; thence by the latter Eastwardly 100 feet to the place of BEGINNING. TRACT NO. 2 BEGINNING at a pOint on the .Northern Side of the Pine Road at the Eastern boundary line of the land now or formerly of Bert L. and Mildred C. Woodward. thence North_ wardly along said boundary l.im,. 15 feet. more or less. to the South~;ln bank only of the YeIlow Breeches Creek; thence by said Southern hank in a Westwardbr direction. 70 feet. more Or less to a point; thence by a line ParaIlel With the line first mentioned above in a SOUthwardly direction. 16 feet. mOre or less. to the Northern side of the Pine Road; thence by the latter in an Eastwardly direction. 70 feet. more or less. to the plaCe of BEGINNING, Tax Parcel #40-30-2642.012, TITLE TO SAID PREMISES IS VEsTED IN Kenneth G, Burry by Deed from Wll1iam L. Smith and Jean Marie Smith. his Wife dated 7/29/ 93. recorded 7/29/93. in Record Book K-36. Page /106, "'<\'~"~;" . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : 55. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esqnire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of al1legal 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, VlZ: 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. SWORN TO AND SUBSCRIBED before me this 3 day of AUGUST. 2001 . .' N01"ARW: SEAl. LOIS E. SNYDER, ~PubIIc CallIaIeBolll, CUmberIaniI County My CommIIaion Expf/8s M8rc:h 5. 2005 .. I,