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HomeMy WebLinkAbout07-5431PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 X215) 563-7000 160768 GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 v. Plaintiff GEORGE A. WELSH A/K/A GEORGE A. WELSH, JR. 2 BRIGHTON LANE CAMP HILL, PA 17011 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. D'~ - 5/31 1/~v11 Tcx~ CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 160768 NOTICE 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 aze served, by entering a written appeazance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You aze warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Cazlisle, PA 17013 (800)990-9108 File #: 160768 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File q: 160768 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 160768 1. Plaintiff is GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) aze: GEORGE A. WELSH A/K/A GEORGE A. WELSH, JR. 2 BRIGHTON LANE CAMP HILL, PA 17011 who is/aze the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/15/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR QUICKEN LOAN, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1955, Page: 72. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, aze matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents aze of public record. 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 05/01/2007 and each month thereafter aze due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 160768 6. The following amounts aze due on the mortgage: Principal Balance $199,000.00 Interest $5,252.92 04/01/2007 through 09/11/2007 (Per Diem $32.03) Attorney's Fees $1,250.00 Cumulative Late Chazges $194.84 06/15/2006 to 09/11/2007 Cost of Suit and Title Seazch 550.00 Subtotal $206,247.76 Escrow Credit $0.00 Deficit $357.56 Subtotal 357.56 TOTAL $206,605.32 7 8 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested aze in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a sepazate Action to establish that right, if such right exists. If Defendant(s) has/have received a dischazge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 160768 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $206,605.32, together with interest from 09/11!2007 at the rate of $32.03 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELA HALLINAN & SCI~MIEG, LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 160768 LEGAL DESCRIPTION ALL that certain lot or tract of land situate in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern right of way line of Windsor Way a fifty (50) foot wide road, said point also being the southwest corner of Lot #2 as shown on the final subdivision plan of Victoria Glen II; thence continuing along the northern right of way line of Windsor Way the following two courses, along a curve to the right having a radius of four hundred fifteen and no hundredths (415.00) feet, an arc length of forty three and sixty seven hundredths (43.67) feet, said arc being subtended by a chord and bearing seventy four (74) degrees seventeen (17) minutes twenty eight (28) seconds West a distance of forty three and sixty five hundredths (43.65) feet to a point; thence continuing South seventy seven (77) degrees eighteen (18) minutes twenty (20) seconds West a distance of thirty eight and seventy eight hundredths (38.78) feet to a point, said point being the end of the radius at the northeast corner of the intersection of said Windsor Way with Brighton Lane a fifty (50) foot wide road; thence continuing along the right of way radius and along the eastern right of way of Brighton Lane the following two courses, along a curve to the right, having a radius of fifteen and no hundredths (15.00) feet, an arc length of twenty and ninety hundredths (20.90) feet, said arc being subtended by a chord and bearing of North sixty two (62) degrees forty six (46) minutes thirty five (35) seconds West, a distance of nineteen and twenty five hundredths (19.25) feet to a point; thence continuing North twenty two (22) degrees fifty one (51) minutes thirty (30) seconds West a distance of one hundred eleven and forty seven hundredths (111.47) feet to a point, said point being the southwest corner of Lot #38 as shown on the final subdivision plan of Victoria Glen (Phase 1); thence continuing along File #: 160768 the southern line of said Lot #38, and along a portion of the southern line of Lot #39 respectively North seventy-two (72) degrees twenty eight (28) minutes twenty (20) seconds East, a distance of one hundred three and sixty hundredths (103.60) feet to a point, said point being northwest corner of the aforementioned Lot #2; thence continuing along the western line of Lot #2, South eighteen (18) degrees forty-three (43) minutes twenty three (23) seconds East a distance of one hundred twenty nine and twenty two hundredths (129.22) feet to a point, said point being the point and place of BEGINNING. Being Lot #1 as shown on a Final Subdivision Plan of Victoria Glen II recorded in Plan Book 55, Page 57. PROPERTY BEING: 2 BRIGHTON LANE File #: 160768 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure aze based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: G (( ~ ~ ~ *~ Ott ~ j .8"~' _ ~ ~ ~.~ ~ -~c ~ c s £ --1 ah SHERIFF'S RETURN - REGULAR CASE N0: 2007-05431 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS WELSH GEORGE ET AL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WELSH GEORGE A the DEFENDANT at 2048:00 HOURS, on the 20th day of September, 2007 at 2 BRIGHTON LANE CAMP HILL, PA 17011 by handing to GEORGE A WELSH A/K/A GEORGE A WELSH JR a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge a Ion 9! ~,~ Sworn and Subscibed to before me this So Answers: 18.00 14.40 .00 • 10.00 R. Thomas Kline .oo 42.40 09/21/2007 -- PHELAN HALLINAN SCHMIEG By: ~ ~ day D putt' Sheriff of A.D. 'PHELAN HALLINAN &SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. GEORGE A. WELSH A/K/A GEORGE WELSH, JR. 2 BRIGHTON LANE CAMP HILL, PA 17011 Defendant(s). CIVIL DIVISION NO. 07-5431-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against GEORGE A. WELSH A/K/A GEORGE WELSH, JR. ,Defendant(s) for failure to file an Answer to Plaintiff s 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 $206,605.32 Interest from 09/12/07 to 10/25/07 $ 1,409.32 TOTAL $ 208,014.64 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ANIEL G. SCHMIEG, ESQU Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. n DATE: ~a/~ S ~ JC O PROTHY n~3 160768 • PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 GMAC MORTGAGE, LLC :COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY GEORGE A. WELSH A/K/A GEORGE A. WELSH, JR. Defendants : NO. 07-5431-CIVIL TERM TO: GEORGE A. WELSH A/K/A GEORGE A. WELSH, JR. 2 BRIGHTON LANE CAMP HILL, PA 17011 DATE OF NOTICE: OCTOBER 11.2007 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 PAPER TO YOUR LAWYER AT ONCE. lF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THI5 OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 F NCIS S. HALL A ,ESQUIRE Attorneys for Plaintiff 'PHELAN HALLINAN &SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 Plaintiff, v. GEORGE A. WELSH A/K/A GEORGE WELSH, JR. Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.07-5431-CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, 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 194Q, as amended. (b) that defendant GEORGE A. WELSH A/K/A GEORGE WELSH, JR. is over 18 years of age and resides at , 2 BRIGHTON LANE, CAMP HILL, PA 17011 . This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Attorney for Plaintiff ` ~ ~HELAN HALLINAN &SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215 563-7000 GMAC MORTGAGE, LLC . Plaintiff, v. . GEORGE A. WELSH A/K/A GEORGE WELSH, JR. . Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5431-CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: Q an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ! r" 1 A L G. SC I G, ESQU Attorney for Plaintiff ~ r"3 N d `~ C7 ~ - ~ D ~ ~ +~ ` ~;; , . ~ c ~ y~j~. -~" ; • r, - C..,1 : ~C (Rule of Civil Procedure No. 236) -Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. GEORGE A. WELSH A/K/A GEORGE WELSH, JR. CIVIL DIVISION NO. 07-5431-CIVIL TERM Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on (fit-. 30~` Zoos . By: x a~ If you have any questions concerning this matter, please contact: 1 PSANIEL G. SCHMIEG, ES Attorney for Plaintiff ONE PENN CENTER AT SUB AN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** r PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC MORTGAGE, LLC Plaintiff, v. No. 07-5431-CIVIL TERM GEORGE A. WELSH A/K/A GEORGE WELSH, JR. Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $ 208,014.64 Interest from 10/26/07 - 03/05/08 $ 4,513.08 and Costs (per diem -$34.1.9) Add'1 Costs $ 1,978.50 TOTAL $214,506.22 1 n ~.KNIEL G. SCH1bIIEG, ESQUIRE ne Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 160768 w ~ ~ W~ a o F a~ ~ ~ ~ a z U a w ~ V a w ~a ~? w c ~ '~ o ~ ~ GW7 O ~ 0 ~ z ~ ~, 0 ENV o ~ x O o~ ~ ~ r a ~ wo ~ U~ ~ ~ xW F~ ~ ~ U ~ ~ V C a W G7 ~s* W o t~ s ~ ~~ 0 n ._._a ,Q a a a a~ Q ~' ~-- ~ _~ ~ ~ ~ ~ ~ ~' ~ ~ ~ o o ; o o ~' o $ ~ ^~ ``~ ~i } ~ ~ _ -, x ~ ~ v a X} i ,. '' -' ' ~ O ~ f ~~' ~ ~~` ~~ ' "'G r" DESCRIPTION ALL that certain piece or parcel of land situated in the Township of Fairview, County of Luzerne and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point in the northerly side line of the fifty (50) foot wide Diane Court, said point being in the dividing line between Lots 43 and 39 of the Park Terrace Subdivision Plot of Lots; THENCE along: said road side line, North 83 degrees 45 minutes 00 second West, 38.55 feet to a point in the cul-de-sac located at the westerly end of said road; THENCE along said cul-de-sac side line by the two (2) following described lines: 1. By a curve to the right for an arc distance of 17.45 feet to a point, said curve having a radius of 20.00 feet and a chord course and distance of North 58 degrees 45 minutes 09 seconds West, 16.90 feet; 2. By a curve to the left for an arc distance of 75.16 feet to a point in the dividing line between Lots 43 and 42 of said plot, said curve having a radius of 50.00 feet and a chord course and distance of North 76 degrees 49 minutes 06 seconds West, 68.28 feet; THENCE along the dividing line between said Lots 43 and 42, North 29 degrees 52 minutes 54 seconds West, 135 feet, more or less, to a point in the centerline of a stormwater swale (known as 'Spring Run'), the same being the dividing line between Lots 43 and 47 of said plot; THENCE alonq~said dividing line and continuing along Lots 46 and 45 of said plot in`a southerly and easterly direction or upstream direction, 203 feet, more or less, to a point in the dividing line between Lots 43 and 44 of said plot; THENCE along said dividing line and continuing along the aforesaid Lot 39, South 6 degrees 15 minutes 00 second West, 140 feet, more or less, to a point, the place of beginning. BEING the same premises conveyed to the Grantors herein by Deed from Robert M. Bjornsti and Patricia H. Bjornsti, his wife, dated October 16, 1999 and recorded November 3, 1999 in Luzerne County Deed Book 2699, page 1001. ALL that certain piece or parcel of land situated in the Township of Fairview, County of Luzerne and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point in the northerly side line of the fifty (50) foot wide Diane Court, said point being in the dividing line between Lots 43 and 39 of the Park Terrace Subdivision Plot of Lots; THENCE alonq.;said road side line, North 83 degrees 45 minutes 00 second West, 38.55 feet to a point in the cul-de-sac located at the westerly end of said road; THENCE along;said cul-de-sac side line by the two (2) following described lines: 1. By a curve to the right for an arc distance of 17.45 feet to a point, said curve having a radius of 20.00 feet and a chord course and distance of North 58 degrees 45 minutes 09 seconds West, 16.90 feet; 2. By a curve to the left for an arc distance of 75.16 feet to a point in the dividing line between Lots 43 and 42 of said plot, said curve having a ATTACHED TO AND FORMING A PART OF RECORD OWNER AND LIEN CERTIFICATE .- ~ ~` Order Number:LTS62954 Client: Client Number: 160768 radius of 50.00 feet and a chord course and distance of North 76 degrees 49 minutes 06 seconds West, 68.28 feet; THENCE along the dividing line between said Lots 43 and 42, North 29 degrees 52 minutes 54 seconds West, 135 feet, more or less, to a point in the centerline of a stormwater swale (known as 'Spring Run'), the same being the dividing line between Lots 43 and 47 of said plot; THENCE along said dividing line and continuing along Lots 46 and 45 of said plot in a southerly and easterly direction or upstream direction, 203 feet, more or less, to a point in the dividing line between Lots 43 and 44 of said plot; THENCE along said dividing line and continuing along the aforesaid Lot 39, South 6 degrees 15 minutes 00 second West, 140 feet, more or less, to a point, the place of beginning. BEING the same premises conveyed to the Grantors herein by Deed from Robert M. Bjornsti and Patricia H. Bjornsti, his wife, dated October 16, 1999 and recorded November 3, 1999 in Luzerne County Deed Book 2699, page 1001. PARCEL IDENTIFICATION NO: 09-18-1304-173, CONTROL #:09005193 Premises: 2 Brighton Lane, Pennsboro Township, PA 17011 East Pennsboro Township Cumberland County Pennsylvania TITLE TO SAID PREMISES IS VESTED IN George A. Welsh, adult individual, by Deed from Russell A. Dzielak and Angela K. Dzielak, his wife, dated 0611412006, recorded 06/16/2006, in Deed Book 275, page 838. GMAC MORTGAGE, LLC . Plaintiff, ; v. . GEORGE A. WELSH A/KiA GEORGE WELSH, JR. . Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.07-5431-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) GMAC MORTGAGE. LLC , Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, 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 ,2 BRIGHTON LANE, CAMP HILL, PA 17011 17011 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) GEORGE A. WELSH A/K/A GEORGE WELSH, JR. 2 BRIGHTON LANE CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real properly to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MERS AS A NOMINEE FOR QUICKEN LOAN, INC. MERS AS A NOMINEE FOR QUICKEN LOAN, INC. P.O. BOX 2026 FLINT, MI 48501-2026 20555 VICTOR PARKWAY LIVONIA, MI 48152 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TenantlOccupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 2 BRIGHTON LANE CAMP HILL, PA 17011 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. October 25.2007 ~ L DATE ANIEL G. S IEG, ESQ Attorney for Plaintiff t ~ ~r __; ~-; z c, 7 o r ; ~;1 ;~ ^~~> y '- ~ ~ ~ ;„~ ~ ...( ~~ GMAC MORTGAGE, LLC Plaintiff, v. GEORGE A. WELSH A/K/A GEORGE WELSH, JR. Defendant(s). CUMBERLAND COUNTY No. 07-5431-CIVIL TERM October 25, 2007 TO: GEORGE A. WELSH A/K/A GEORGE WELSH, JR. 2 BRIGHTON LANE CAMP HILL, PA 17011 * *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 BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHDULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at i2 BRIGHTON LANE, CAMP HILL, PA 17011 17011, is scheduled to be sold at the Sheriffs Sale on MARCH 5.2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $ 208.014.64 obtained by GMAC MORTGAGE. LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE 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 attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) _YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong} are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be so{d in the absence of a representative of the plaintiff at the Sheriff s Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the safe. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (?17) 249-3166 (800) 990-9108 DESCRIPTION ALL that certain piece or parcel of land situated in the Township of Fairview, County of Luzerne and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point in the northerly side line of the fifty (50) foot wide Diane Court, said point being in the dividing line between Lots 43 and 39 of the Park Terrace Subdivision Plot of Lots; THENCE along; said road side line, North 83 degrees 45 minutes 00 second West, 38.55 feet to a point in the cul-de-sac located at the westerly end of said road; THENCE along said cul-de-sac side line by the two (2) following described lines: 1. By a curve to the right for an arc distance of 17.45 feet to a point, said curve having a radius of 20.00 feet and a chord course and distance of North 58 degrees 45 minutes 09 seconds West, 16.90 feet; 2. By a curve to the left for an arc distance of 75.16 feet to a point in the dividing line between Lots 43 and 42 of said plot, said curve having a radius of 50.00 feet and a chord course and distance of North 76 degrees 49 minutes 06 seconds West, 68.28 feet; THENCE along the dividing line between said Lots 43 and 42, North 29 degrees 52 minutes 54 seconds West, 135 feet, more or less, to a point in the centerline of a stormwater swale (known as 'Spring Run'), the same being the dividing line between Lots 43 and 47 of said plot; THENCE along?said dividing line and continuing along Lots 46 and 45 of said plot in2a southerly and easterly direction or upstream direction, 203 feet, more or less, to a point in the dividing line between Lots 43 and 44 of said plot; THENCE along said dividing line and continuing along the aforesaid Lot 39, South 6 degrees 15 minutes 00 second West, 140 feet, more or less, to a point, the place of beginning. BEING the same premises conveyed to the Grantors herein by Deed from Robert M. Bjornsti and Patricia H. Bjornsti, his wife, dated October 16, 1999 and recorded November 3, 1999 in Luzerne County Deed Book 2699, page 1001. ALL that certain piece or parcel of land situated in the Township of Fairview, County of Luzerne and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point in the northerly side line of the fifty (50) foot wide Diane Court, said point being in the dividing line between Lots 43 and 39 of the Park Terrace Subdivision Plot of Lots; THENCE along .,said road side line, North 83 degrees 45 minutes 00 second West, 38.55 feet to a point in the cul-de-sac located at the westerly end of said road;. THENCE along ;said cul-de-sac side line by the two (2) following described lines: 1. By a curve to the right for an arc distance of 17.45 feet to a point, said curve having a radius of 20.00 feet and a chard course and distance of North 58 degrees 45 minutes 09 seconds West, 16.90 feet; 2. By a curve to the left for an arc distance of 75.16 feet to a point in the dividing line between Lots 43 and 42 of said plot, said curve having a ` ATTACHED TO AND FORMING A PART OF RECORD OWNER AND LIEN CERTIFICATE Order Number:LTS62454 Client: Client Number: 160768 radius of 50.00 feet and a chord course and distance of North 76 degrees 49 minutes 06 seconds West, 68.28 feet; THENCE along the dividing line between said Lots 43 and 42, North 29 degrees 52 minutes 54 seconds West, 135 feet, more or less, to a point in the centerline of a stormwater swale (known as 'Spring Run'), the same being the dividing line between Lots 43 and 47 of said plot; THENCE along said dividing line and continuing along Lots 46 and 45 of said plot in a southerly and easterly direction or upstream direction, 203 feet, more or less, to a point in the dividing line between Lots 43 and 44 of said plot; THENCE along, said dividing line and continuing along the aforesaid Lot 39, South 6 degrees 15 minutes 00 second West, 140 feet, more or less, to a point, the place of beginning. BEING the same premises conveyed to the Grantors herein by Deed from Robert M. Bjornsti and Patricia H. Bjornsti, his wife, dated October 16, 1999 and recorded November 3, 1999 in Luzerne County Deed Book 2699, page 1001. PARCEL IDENTIFICATION NO: 09-18-1304-173, CONTROL #: 09005193 Premises: 2 Brighton Lane, Pennsboro Township, PA 17011 East Pennsboro Township Cumberland County Pennsylvania TITLE TO SAII) PREMISES IS VESTED IN George A. Welsh, adult individual, by Deed from Russell A. Dzielak and Angela K. Dzielak, his wife, dated 06/1412006, recorded Ob/1612006, in Deed Book 275, page 838. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-5431 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC, Plaintiff (s) From GEORGE A. WELSH a/k/a GEORGE WELSH, JR. (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $208,014.64 L.L.$.50 Interest from 10/26/07 to 3/05/08 (per diem - $34.19) - $4,513.08 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $161.40 Other Costs $1,978.50 Plaintiff Paid Date: 10/30/07 C is R. Long, Prothonota (Seal) By; K, Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN &SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 t ~ --. PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE ATTORNEY LD. NO. 62205 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC v. GEORGE A. WELSH ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DNISION NO: 07-5431-CIVIL TERM CUMBERLAND COUNTY Praecipe to Substitute Legal Description Attached to Writ of Execution NUNC PRO TUNC TO THE PROTHONOTARY: Kindly substitute the attached legal description for the legal description originally filed with the writ of execution in the instant matter. ~ '` a ~;~ p~ANIEL G: SCHMIEG, ESQU Attorney for Plaintiff DATE:November 8, 2007 ~ lZ DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern right of way line of Windsor Way, a fifty (50) foot wide road, said point also being he southwest corner of Lot #2 as shown on the final subdivision plan of Victoria Glen II; thence continuing along the northern right of way line of Windsor Way the following two courses, along a curve to the right having a radius of four hundred fifteen and no hundredths (415.00) feet, an arc length of forty three and sixty seven hundredths (43.67) feet, said arc being subtended by a chord and bearing seventy four (74) degrees seventeen (17) minutes twenty eight (28) seconds West a distance of forty three and sixty five hundredths (43.65) feet to a point; thence continuing South seventy seven degrees eighteen (18) minutes twenty (20) seconds West a distance of thirty eight and seventy eight hundredths (38.78) feet to a point, said point being the end of the radius at the northeast corner of the intersection of said Windsor Way with Brighton Lane a fifty (50) foot wide road; thence continuing along the right of way radius and along the eastern right of way of Brighton Lane the following two courses, along a curve to the right, having a radius of fifteen and no hundredths (15.00) feet, an arc length of twenty and ninety hundredths (20.90) feet, said arc being subtended by a chord and bearing of North sixty two (62) degrees forty six (46) minutes thirty- five (35) seconds West, a distance of nineteen and twenty-five hundredths (19.25) feet to a point; thence continuing North twenty two (22) degrees fifty one (51) minutes thirty (30) seconds West a distance of one hundred eleven and forty seven hundredths (111.47) feet to a point, said point being the southwest corner of Lot #38 as shown on the final subdivision plan of Victoria Glen (Phase 1); thence continuing along the southern line of said Lot #38, and along a portion of the southern line of Lot #39 respectively North seventy-two (72) degrees twenty eight (28) minutes twenty (20) seconds East, a distance of one hundred three and sixty hundredths (103.60) feet to a point, said point being northwest corner of the aforementioned Lot #2; thence continuing along the western line of Lot #2, South eighteen (18) degrees forty- three (43) minutes twenty three (23) seconds East a distance of one hundred twenty nine and twenty two hundredths (129.22) feet to a point, said point being the point and place of BEGINNING. BEING Lot #1 as shown on a Final Subdivision Plan of Victoria Glen II recorded in Plan Book 55, Page 57. SAID lot containing twelve thousand five hundred fifty five and forty- two hundredths (12,555.42) square feet or 0.28823 acres. BEING the same premises which Edward V. Moyle an Sandra A. Moyle, his wife, by deed dated July 18, 2001 and recorded in the Cumberland County Recorder of Deeds Office in Book 24, Page 3439, granted and conveyed unto Russell A. Dzielak and Angela K. Dzielak, his wife, Granters herein. TITLE TO SAID PREMISES IS VESTED IN: George A. Welsh, adult individual, by Deed from Russell A. Dzielak and Angela K. Dzielak, his wife, dated 06/14/2006, recorded 06/16/2006, in Deed Book 275, page 838. PARCEL IDENTIFICATION NO: 09-18-1304-173, CONTROL #: 09005193 Premises: 2 Brighton Lane, Pennsboro Township, PA 17011 East Pennsboro Township, Cumberland County Pennsylvania t'7 C ^~ ~ -.., ""~ r ~... _r~ ` . ~ ..~ rn3T .?. ~Y ~.~ _,. ~t ~ -~ ~~" ~ x'y' (~'']j _ ` r~ PHELAN HALLINAN &SCHMIEG One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Main Fax 215-563-3826 January 28, 2008 Office of the Sheriff Cumberland County Courthouse RE: GMAC MORTGAGE, LLC V. GEORGE A. WELSH A/K/A GEORGE WELSH, JR. CUMBERLAND COUNTY, NO. 07-5431-CIVIL TERM RE: AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 Dear Sir/madam: Enclosed please find the following: XX Affidavit of service pursuant to rule 3129 with attachments. Please find attached a copy of the original Affidavit of service pursuant to rule 3129, which has been sent for filing with the CUMBERLAND COUNTY Prothonotary's Office as of the date of this letter. ***Please be advised that in the event the Plaintiff is not represented at the sale the sale is to be stayed or postponed.* * Yours truly, SQC CHRISTINE SCHOFFLER for PHELAN HALLIANAN &SCHMIEG * * *PROPERTY IS LISTED FOR THE MARCH 5, 2008 SHERIFF'S SALE.* SALE DATE: MARCH 5, 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW GMAC MORTGAGE, LLC No.: 07-5431-CIVIL TERM vs. GEORGE A. WELSH A/K/A GEORGE WELSH, JR. 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: 2 BRIGHTON LANE, CAMP HILL, PA 17011. As required by Pa. R.C.P. 3129.2(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 Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) andlor Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL SCHMIEG, ESQUI~ Attorney for Plaintiff January 28, 2008 GMAC MORTGAGE, LLC Plaintiff, v. GEORGE A. WELSH A/K/A GEORGE WELSH, JR. Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.07-5431-CIVIL TERM Amended AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) GMAC MORTGAGE, LLC ,Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, 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 ,2 BRIGHTON LANE, CAMP HILL, PA 17011 17011 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) GEORGE A. WELSH A/K/A GEORGE WELSH, JR. 2 BRIGHTON LANE CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MERS AS A NOMINEE FOR QUICKEN LOAN, INC. MERS AS A NOMINEE FOR QUICKEN LOAN, INC. P.O. BOX 2026 FLINT, MI 48501-2026 20555 VICTOR PARKWAY LIVONIA, MI 48152 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare MS. ROBBI LEMIRE WILSHIRE CREDIT CORPORATION/ MERRILL LYNCH, 2 BRIGHTON LANE CAMP HILL, PA 17011 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 14523 SW MILLIKAN WAY, SUITE 200, BEAVERTON, OR 97005 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. ,-, ,, ;j January 28, 2008 ~ ~ DATE DANIEL G. 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J J a w w x 0 a ~~ a a ~~ C7 ~ v~ ~ O b ~ ~ U U ~ ~ v X23 ~ o 00 f~ yy~~,~o G7 ~ ~ ~ .a~-~Q ~~a U w .~ ~ .~ a '~ ^d ~ ~~~ a '~ a0 °a a ~ ~ ~ A "O zdo w u~a~ A ~~ a~ ~ ,~ , 8 ~ ~ ~ ~, £0 46 l 3~0~dtZ Wp21~ aillb'W `d 8002 8Z Nb'f O L081Zb000 ~ O $ Wl ZO ~ C O~I ~' r' . ~ 5 w `O ~ '' ~~~ J O ~ 53MO9 A3Rltld C ~~: ! ~ , ~ .. ~ A} ~ N ~ ~ V '~ ® ~ ~O~ ti ~ ~~i ~'~od s31d~' V y FLU I"'.ap ~.y ~~ ~ ~' _ ~ ~ C ~p C C u ,~ a~ c $ L'~ , ab ~ . ~ .9~ S~ ~ ~. a '~ ~ ua .~ y `u`u w 0 9~°0 ~ ~ ~ y ~ d U H o ~ u.. u ,,, ~ .~ ~ o d a == ~, G E~~ia,a° ~~ ~ ' d ~ ~ ~~ ~s~s w ~°~~ > ~ o- .~ ~~ . ~~~~ ~~s};~a i u y;po~ ~~yH a _ o Z N z`, a O ~ ~ ~ u a, a q _ ¢ ~ ~ a °w v a 4 ~ Q c ~ ~ O a wV Q c WIZ JY O J V ~ ~ ~ ' m ~ J ~ ~ ca o ~c=~ r, > '~~ ~ e" z ~ ~ t/) ~ w a ~3~ ~ m z ~ ~~ Hx L d Z r~~ V _V y ~ a 3 ~ _ W N ~$ ~ ^ N M 'ct N ~O t~ 00 O~ ~ .~ N ~a ~ d a C t\( M ~ i y ~ ~ vi ~ H ~ r_': ^~ ~~ ~~, ~~ f ~ . r*i + -.~ ,..- .`~~~; -~ ~ ~ ~ =;.° ~rC7 `~. ~ A -"G "~" G7I~ C GMAC Mortgage, LLC In the Court of Common Pleas of VS Cumberland County, Pennsylvania George A. Welsh a/k/a George Welsh, Jr. Writ No. 2007-5431 Civil Term Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on December 06, 2007 at 1904 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: George A. Welsh a/k/a George Welsh, Jr., by making known unto George Welsh, personally, at 2 Brighton Lane, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Cpl. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on January 11, 2008 at 1018 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of George W. Welsh a/k/a George Welsh, Jr. located at 2 Brighton Lane, Camp Hill, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff A mailed a notice of the pendency of the action to the within named defendant, to wit: George A. Welsh a/k/a George Welsh, Jr. by regular mail to his last known address of 2 Brighton Lane, Camp Hill, PA 17011. This letter was mailed under the date of January 8, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff s Costs: Docketing 30.00 Poundage 25.00 Advertising 15.00 Posting Bills 15.00 Law Library .50 Prothonotary 2.00 Mileage 28.80 Levy 15.00 Surcharge 20.00 Postpone Sale 20.00 Law Journal 593.00 Patriot News 514.67 Share of Bills 16.17 $1295.14 / ~„,. ~'~/ ~ ~0 8' So Answers: R. Thomas Kline, Sheriff BY o CQ.~. ~~ G_ Real Estate ergeant l~"" Q~ a ~'~' ~ cue. L Yo a Y r' ~, ~GMAC MORTGAGE, LLC Plaintiff, . v. GEORGE A. WELSH A/K/A GEORGE WELSH, JR. Defendant(s). , CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.07-5431-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) GMAC MORTGAGE LLC Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, 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 ,2 BRIGHTON LANE, CAMP HILL, PA 17011 17011 . 1. Name and address of Owner(s) or reputed Owner(s): Name GEORGE A. WELSH A/K/A GEORGE WELSH, JR. Last Known Address (if address cannot be reasonably ascertained, please indicate) 2 BRIGHTON LANE CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None ,~ 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate} MERS AS A NOMINEE FOR QUICKEN LOAN, INC. MERS AS A NOMINEE FOR QUICKEN LOAN, INC. P.O. BOX 2026 FLINT, MI 48501-2026 20555 VICTOR PARKWAY LIVONIA, MI 48152 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 2 BRIGHTON LANE CAMP HILL, PA 1701 117011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. 1 October 25, 2007 DATE ANIEL G. S EG, ESQ Attorney for Plaintiff 1 . t GMAC MORTGAGE, LLC Plaintiff, v. GEORGE A. WELSH A/K/A GEORGE WELSH, JR. Defendant(s). CUMBERLAND COUNTY No. 07-5431-CIVIL TERM October 25, 2007 TO: GEORGE A. WELSH A/K/A GEORGE WELSH, JR. 2 BRIGHTON LANE CAMP HILL, PA 17011 * *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 BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at , 2 BRIGHTON LANE, CAMP HILL, PA 17011 17011, is scheduled to be sold at the Sheriffs Sale on MARCH S, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Cazlisle, PA 17013, to enforce the court judgment of $ 208.014.64 obtained by GMAC MORTGAGE, LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The`sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (2151563-7000. 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. •r . r 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 shaze of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 I~I.~VVL/VVL ALL that certain lot or tract of land situate in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and desoribed as follows, to wit: BEGINNING at a point on the northern right of way line of Windsor Way a fifty (50) foot wide road,. said point also being the southwest corner of Lot #2 as shown on the final subdivision plan of Victoria Glen II; thence continuing along the northern right of way line of Windsor Way the following two courses, along a curve to the right having 3 radius of four hundred fifteen .and no hundredths (415.00) feet, an arc length of forty three and sixty seven hundredths {93.67) feet, said arc being subtended by a chord and bearing seventy four (79) degrees seventeen (17) minutes twenty eight (28) seconds West a distance of forty three and sixty five hundredths (93.65) feet to a point; thence continuing South seventy seven (7?) degrees eighteen (18) minutes twenty (20) seconds West a distance of thirty eight and seventy eight hundredths (38.78) feet to a point, said point being the end of the radius at the northeast *corner of the intersection of said Windsor Way with Brighton Lane a fifty (50) foot wide road; thence continuing along the right of way radius and along the eastern right of way of Brighton Lane the following two Courses, along a curve to the right, having a radius of fifteen and no hundredths (15.00) feet, an arc length of twenty and ninety hundredths (20.90) feet, said arc being subtended by a chord and bear~,ng of ~]orth sixty two {62) degrees forty six (46) minutes thirty five (35) seconds West, a distance of nineteen and twenty five hundredths (19.25) feet to a point; thence continuing North twenty two (22) degrees fifty one (51) minutes thirty (30) seconds West a distance of one hundred eleven and forty seven hundredths (111.97) feet to a point, said point being the southwest corner of Lot #38 as shown on the final subdivision plan of VlCCOrla Glen (Phase 1); thence continuing along the southern line of said Lot #98, and along a portion of the southern line of Lot #39 respectively North seventy-two (72) degrees twenty eight (28) minutes twenty (20) seconds East, a distance of one hundred three and sixty hundredths (103.60) feet to a point, said point being northwest corner of the aforementioned Lot #2; thence continuing along the westErn line of Lot #2, South eighteen (1B) degrees forty- three (93) minutes twenty three (23) seconds Easti a distance of one hundred twenty nine and twenty two hundredths (129.22) feet to a point, said point being the point and place of BEGINNING. Being Lot #1 as shown on a Final Subdivision Flan of victoria Glen II recorded in Plan Book 55, Page 57. ?ITL.E TO SAID p1tEMISES IS VESTED 1N George A. Welsh, adult individual, by Deed from Russell A. Dzielak and Angela K. Dzielak, his wife, dated 06/14/2006, recorded 06/16/2006, in Deed Book 275, page 838. PARCEL IDENTIFICATION NO: 09-1&1304173 Premises: 2 BRIGIdTON LANE, CAMP HILL, PA 17011 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-5431 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC, Plaintiff (s) From GEORGE A. WELSH a/k/a GEORGE WELSH, JR. (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $208,014.64 L.L.$.50 Interest from 10/26/07 to 3/05/08 (per diem - $34.19) - $4,513.08 and Costs Atty's Comm Atty Paid $161.40 Plaintiff Paid Date: 10!30!07 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs $1,978.50 acs ~ is R. Long, Prothonota By: ~. 9 Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: PHEI,AN HALLINAN &SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 f t~i~ k Real Estate Sale # 41 On November 8, 2007 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 2 Brighton Lane, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 8, 2007 By' ~/b br ~~~v Real Estate Sergeant :_..; PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 25, February 1 and February 8, 2008 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. ~' Lis arie Coyne, itor SWORN TO AND SUBSCRIBED before me this 8 day of February, 2008 Notary ' NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 >RiAL ~TAT>d BALD ^O. 41 Writ No. 2007-5431 Civil GMAC Mortgage, LLC vs. George A. Welsh a/k/a George Welsh, Jr. Atty.: Daniel Schmieg DESCRIPTION ALL that certain lot or tract of land situate in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern right of way line of Wind- sor Way a fifty (50) foot wide road, said point also being the southwest corner of Lot #2 as shown on the final subdivision plan of Victoria Glen II; thence continuing along the northern right of way line of Windsor Way the following two courses, along a curve to the right having a radius of four hundred fifteen and no hundredths (415.00) feet, an arc length of forty three and sixty seven hundredths (43.67) feet, said arc being subtended by a chord and bearing seventy four (74) degrees seventeen (17J minutes twenty eight (28) seconds West a distance of forty three and sixty five hundredths (43.65) feet to a point; thence continuing South seventy seven (77) degrees eighteen (18) minutes twenty (20) seconds West a distance of thirty eight and seventy eight hundredths {38.78) feet to a point, said point being the end of the radius at the northeast corner of the intersection of said Windsor Way with Brighton Lane a fifty (50) foot wide road; thence continuing along the right of way radius and along ----.-._...,r .............,.... ~._.,.-. .,~,.__.,.... the eastern right of way of 13ngritoi, Lane the following two courses, along a curve to the right, having a radius of fifteen and no hundredths (15.00) feet, an arc length of twenty and ninety hundredths (20.90) feet, said arc being subtended by a chord and bearing of North sixty two (62) degrees forty six (46) minutes thirty five (35) seconds West, a distance of nineteen and twenty five hundredths (19.25) feet to a point; thence con- tinuing North twenty two (22) degrees fifty one (51) minutes thirty (30} sec- onds West a distance of one hundred eleven and forty seven hundredths (111.47) feet to a point, said point being the southwest corner of Lot #38 as shown on the final subdivi- sion plan of Victoria Glen (Phase 1); thence continuing along the southern line of said Lot #38, and along a por- tion of the southern line of Lot #39 respectively North seventy-two (72) degrees twenty eight (28) minutes twenty (20) seconds East, a distance of one hundred three and sixty hundredths (103.60) feet to a point, said point being northwest corner of the aforementioned Lot #2; thence continuing along the western line of Lot #2, South eighteen (18) degrees forty-three (43) minutes twenty three (23) seconds East a distance of one hundred twenty nine and twenty two hundredths (129.22) feet to a point, said point being the point and place of BEGINNING. Being Lot # 1 as shown on a Final Subdivision Plan of Victoria Glen II recorded in Plan Book 55, page 57. TITLE TO SAID PREMISES IS VESTED IN George A. Welsh, adult individual, by Deed from Russell A. Dzielak and Angela K. Dzielak, his wife, dated 06/14/2006, recorded 06/ 16/2006, in Deed Book 275, page 838. PARCEL IDENTIFICATION NO: 09-18-1304-173. Premises: 2 Brighton Lane, Camp Hill, PA 17011. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE ~e~latriot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 01I30I08 02/06/08 02/13/08 ~~ Sworn to an~scribed before yne th~5~y o~ February, 2008 A. D. Notary Public COMMONWEALTH OF QEI~P#SYLVAfVl.A Notarial S<y~iSry~! -~ Shortie L_ Kis~!er, aa:,G;~ry Public CilyOfHertistx~rt~ ~?a~rt5i,inCounty My Ci0n7n11B~Or? ~.~ ,~IYfi ~iQV. 26, 2011 Member, Pennaytvania Association of Notaries iNFJ1t. i18'~tTE BiAt~ NQ 41 MMt Nor. ~OP~*i 4;a~ GNNC. ; i1C ~otrgs ~ 1:+tArht ~iew'ye tAlie~rfi, Jt. ~, AtNtms7IE'Ni S DESCRIP'T10N ALL that certain lot or trail of land situate in East Petutsbono Township, Cumberland County, Commonwealth of Peansylvaoia, more particularly bounder( and described as follows, to wit: BEGiI~INING at a point on the northern right of way line of Windsor Way a fd3y (50) foot wide road, said point rho trig the southwest corner of Lot #2 as shown oa the final subdivision plan of VictoriaGka II; thence oot~minaB ~8 nortltem right of way line of Windsor Way the following two causes. along a clove to the right having a radius of four hundred fifteen and no hundredths (415.00) feet, an arc lengdt of forty three a~ starry seven hnodt~odths (43.57) fcei said arc being sitl~dad bya'chord and bed seventy four (74) degrees seventxn (1~) minutes twenty eight (28) semnds West a distance of forty three sail sixty five hundredths . y,(43:145) ~ a pct thence cnntiiauing Sow 5' seven ('T7) degrees eighteen (18) r'~es twenty (~) secrouds West a distance af' thiny tight toil seventy cigMhrmdnedlhs (38:78} fed m e poise, said poiast bong the end of the mdim at tfic northeast ctx'ner of the intersection of said 9s~mdsor Way with Brighton Lane a fifty (50) foot wide road; thence onrttitwing along the riglu of way radius and along the eastern tight of way of Lane rho foUovving two ceases, atos~ a carve to the right, havirsg a radios of fiftseto aqd s~ hnndtetidts (15.00) fret. an arc rsi' twenty astd artery handiethhs (20.90) fed, still azc tieing subtended by a cltotd ?~1 beming of 1Vorth sixty two (62) ds~roes ,.forty six (46} ~igtrces thirty five (35} sacaeds Wert, s distatroe of nineteen aisd twenty five 1~ut~s (19.13) feel to a point; tbessoe North twenty two (22} degrees 9fYy orsc {fit) minutes thirty (3Q) seconds West a distaatx of os>c ) eleven and forty. sever 6 (ii1.47} fed to a point,. said pant being tlrt soufiswest crxna of Lot #38 as slirrwn on the final subdivision plsw of Victoria Glen (Phase 1} thse continuing along the soudtetn line of said Lot #38; asul along a portion of tie southern line of Lot #39 respectively 14rx~ seventy-two (72} degrees ta1tAty eight (28) minutes twpNy:(2(1) secao~ Fast, a drdi~ct of one 6u>odrod t)xee and sixty hundredths {b0) feet to a point, said paint tieing northcvxatta of the afore~tionrd Lot tt2; thence rt along the western lime of Lot N2, So~P (18} de~esftiry-time (43) minutes tvvcaty three (23) seconds East a distalooe ~f .one humfred twenty Qis>E and tweedy rno h (124.22) feet m a point, said point b~hlt point a~ pkce of BEti3NAffi~1G. Being Lot #1 as shave on a Finat 3t~tiuisioo Plan of Ytctoria Glen II recorded in Pism Boat: 55, page 57. Title to Budd pr±tuases is vcsapd irP ~, Wash, arbdt individual, by t7sxd, A: Dzielak and Arige~ R '~; wee. iTaid ~'~~ _ Parori ~No:09-18-1304.173 Premises: 2 titighton Lane, ( ti>B. ~ 17011: