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HomeMy WebLinkAbout03-5265FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T, PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 GE MORTGAGE SERVICES, LLC, F/K/A GE CAPITAL MORTGAGE SERVICES, 1NC. 3476 STATEV1EW BOULEVARD FORT MILL, SC 29715 Plaintiff KARL N. ALBRIGHT 344 C STREET CARLISLE, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 03 -- .~,,~/.~q' CUMBERLAND COUNTY Defendant(s) CIVIL ACTION o LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 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 plaintifI: 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. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 File #: 80401 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAlL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. File #: 80401 Plaintiff is GE MORTGAGE SERVICES, LLC, F~E/A GE CAPITAL MORTGAGE SERVICES, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 The name(s) and last known address(es) of the Defendant(s) are: KARL N. ALBRIGHT 344 C STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 12/10/1993 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. 1185, Page 689. By Assignment of Mortgage recorded 8/30/1994 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 480, Page 1132. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/01/2003 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 80401 The following amounts are due on the mortgage: Principal Balance Interest 04/01/2003 through 10/03/2003 (Per Diem $9.53) Attorney's Fees Cumulative Late Charges 12/10/1993 to 10/03/2003 Cost of Suit and T/fie Search Subtotal $57,199.00 1,772.58 1,250.00 111.85 $ 550.00 $ 60,883.43 Escrow Credit 0.00 Deficit 606.25 Subtotal $ 606.25 TOTAL $ 61,489.68 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event cfa third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 61,489.68, together with interest from 10/03/2003 at the rate of $9.53 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. By: FEDERM~N AND ~HELA,N~I~ FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 80401 PREMISES BEING: 344 C STREET yEPdFICATION NADINE BONSICK hereby states that she is VICE PRESDENT LOAN DOCUMENTATION of WELLS FARGO HOME MORTGAGE, INC. mortgage servicing agent for Plaintiffin this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: Nadine Bonsick, Vice President Loan Documentation SHERIFF'S RETURN - REGULAR CASE NO: 2003-05265 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CL~RLJIiqD GE MORTGAGE SERVICES LLC VS ALBRIGHT KARL N RON KERR , Sheriff or Deputy Sheriff of Cunfoerland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT ALBRIGHT KARL N DEFENDANT , at 0934:00 at 334 C STREET CARLISLE, PA 17013 KARL N ALBRIGHT a true and attested copy of - MORT FORE was served upon the HOURS, on the 13th day of October , __ 2003 by handing to COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this /& ~ day of Prothonotary / ~ ' So Answers: R. Thomas Kline 10/ 4/2003 FEDERMJkN & PHELAN Sheriff FEDERMAN AND PHELAN, LLP By: FRANK FEDERM,CN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GE MORTGAGE SERVICES, LLC, F/KJA GE CAPITAL MORTGAGE SERVICES, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff, KARL N. ALBRIGHT Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5265 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 KARL N. ALBRIGHT, 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 Plaintiff's damages as follows: As set forth in Complaint Interest from 10/4/03 to 4/23/04 TOTAL $61,489.68 $1,934.59 $63,424.27 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. PRO PROTHY FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) '~63-7000 GE MORTGAGE SERVICIES, LLC, CAPITAL MORTGAGE SERVICES, INC. Pla/ntiff F/K/A GE VS. KARL N. ALBRIGHT Defendants ATFORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DMSION : CUMBERLAND COUNTY : NO. 03-5265 CMLTERM TO: KARL N. ALBRIGHT 344 C STREET CARLISLE, PA 17013 DATE OF NOTICE: APRH, 12, 2004 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATI'EMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTA/NED 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 OBIECTIONS 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. 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. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF'S REVURN - REGULAR CASE NO: 2003-05265 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLkND GE MORTGAGE SERVICES LLC VS ALBRIGHT KARL N RON KERR , Cumberland County,,Pennsylvania, says, the within COMPLAINT - MORT FORE ALBRIGHT KARL N DEFENDANT , at 334 C STREET CARLISLE, PA 17013 KARL N ALBRIGHT a at 0934:00 HOURS, on the Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the t3th day of October , 2003 by handing to true' and attested copy of COMPLAINT - MORT FORE together ~ith and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers: R. Thomas Kline 10/14/2003 FEDERMAN & PHELAN PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 GE MORTGAGE SERVICES, LLC, FfK/A GE CAPITAL MORTGAGE SERVICES, INC. Plaintiff, V. KARL N. ALBRIGHT Defendant(s). No. 03-5265 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 4/24/04 to SEPTEMBER 8, 2004 (per diem -$10.43) TOTAL $63,424.27 $1,439.34 and Costs $64,863.61 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. aLL THAT CERTAIN tract of land With the improvements thereon erected located in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point, said point being located and referenced 316.00 feet from the right-of-way intersection of the Wester~ right-of-way of College Street and the Southern right-of-way of "C" Street; thence along land now or formerly of Russell Baer, South 19 degrees 54 minutes 05 seconds West 150.00 feet to an iron pin; thence along an unnamed alley (a 16.00 feet right-of-way), North 70 degrees 05 minutes 55 seconds West, a distance of 17.00 feet to an iron pin; thence along Lot #36-A now or formerly of Beverly K. Cutshall and through the party wall of an existing 2 1/2 story dwelling, North 19 degrees 54 minutes 05 seconds East (erroneously referred to as South 19 degrees 54 minutes 05 seconds West in prior Deeds) 150.00 feet to an iron pin; thence along the Southern right-of-way line of "C" Street (a 60.00 foot right-of-way), South 70 degrees 05 minutes 55 seconds East, a distance of 17.00 feet to an iron pin; the place of beginning. SAID lot containing 2550.00 square feet. Being Lot 36 on the Final Subdivision Plan of Lila Phipps recorded in the Office of the Recorder of Deeds in Plan Book 60, Page 70 and known as 344 "C" Street, Carlisle, Pennsylvania. Parcel #06-19-1643-370 TO SAID PREMISES IS VEST.E.'D IN Karl N. Albright by Deed from Jeffrey T. Lindsey, .ttrough his Attorney-in-Fact, Thomas W. Lindsey and Kandace R. Lindsey, acting through ~rney-imFact, Thomas W. Lindsey, dated 12/7/91~3_ and recorded 12/15/1993 in Deed Book age 981. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-5265 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GE MORTGAGE SERVICES, LLC, F/K/A GE CAPITAL MORTGAGE SERVICES, INC., Plaintiff(s) From KARL N, ALBRIGHT (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) ~f pr~perty ~f the defendant(s) n~t ~evied up~n an subject t~ attachment is f~und in the p~ssessi~n 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. AmountDue $63,424.27 L.L. $.50 Interest FROM 4/24/04 TO 9/8/04 (PER DIEM ~ $10.43) -- $1,439.34 AND COSTS Atty's Corem % Due Prothy $1.00 Atty Paid $113.45 Other Costs Plaintiff Paid Date: APRIL 26, 2004 (Seal) CURTIS R. LONG REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court 1D No. 12248 Deputy FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GE MORTGAGE SERVICES, LLC, F/FdA GE CAPITAL MORTGAGE SERVICES, INC. Plaintiff, KARL N. ALBRIGHT Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5265 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above~captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (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 unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GE MORTGAGE SERVICES, LLC, F/K/A GE CAPITAL MORTGAGE SERVICES, INC. 3476 STATEVIEW BOULEVARD Plaintiff, KARL N. ALBRIGHT Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5265 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin 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 KARL N. ALBRIGHT is over 18 years of age and resides at, 344 C STREET, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Request for Military Status Page l of 1 Department of Defense Manpower Data Center OMilitary Status Report Pursuant to the Soldiers' and Sailors' Civil Relief Act of 1940 A~'~s~iNG ~nTe IFirst [Middle IBeginDate I Active Duty Status Currently not on Active Military Duty, based on the Social Security Number and last name provided. APR-22-2004 11:41:14 I Service/Agency Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the Defendant(s), per the Information provided, as to all branches of the Military. Kenneth C. Scheflen, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please send an e-mail to sscra.helpdesk~a. Losd.~enta~gon.mil. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non-match. https://www.dmdc.osd.mil/udpdri/owa/sscra.prc_Select 4/22/2004 GE MORTGAGE SERVICES, LLC, F/KIA GE CAPITAL MORTGAGE SERVICES, INC. Plaintiff, KARL N. ALBRIGHT Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5265 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GE MORTGAGE SERVICES, LLC, F/K/A GE CAPITAL MORTGAGE SERVICES, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at, 344 C STREET, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KARL N. ALBRIGHT 344 C STREET CARLISLE, PA 17013 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 THOMAS A. MARINO, U,S. ATTORNEY, MIDDLE DIST. OF PA Last Known Address (if address cannot be reasonably ascertained, please indicate) 235 N. WASHINGTON AVENUE SCRANTON, PA 98501 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) MELLON BANK 10 SOUTH MARKET SQUARE HARRISBURG, PA 17101 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 plaintiffhas 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 344 C STREET CARLISLE, PA 17013 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. Sec. 4904 relating to unsworn falsification to authorities. A¢ril 22, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff GE MORTGAGE SERVICES, LLC, F/KJA GE CAPITAL MORTGAGE SERVICES, INC. Plaintiff, KARL N. ALBRIGHT Defendant(s). TO: KARL N. ALBRIGHT 344 C STREET CARLISLE, PA 17013 CUMBERLAND COUNTY No. 03-5265 April 22, 2004 **THIS FIRM IS A DEBT COLLECTOR A TTEMPT1NG TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT.4 DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTE ** Your house (real estate) at, 344 C STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 8, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $63,424.27 obtained by GE MORTGAGE SERVICES, LLC, F/K/A GE CAPITAL MORTGAGE SERVICES, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with ?a.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract of land 'with the improvements thereon erected located in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point, said point being located and referenced 316.00 feet from the right-of-way intersection of the Western right-of-way of College Street and the Southern right-of-way of "C" Street; thence along land now or formerly of Russell Baer, South 19 degrees 54 minutes 05 seconds West 150.00 feet to an iron pin; thence along an unnamed alley (a 16.00 feet right-of-way), North 70 degrees 05 minutes 55 seconds West, a distance of 17.00 feet to an iron pin; thence along Lot #36-A now or formerly of Beverly K. Cutshall and through the party wall of an existing 2 l/2 story dwelling, North 19 degrees 54 minutes 05 seconds East (erroneously referred to as South 19 degrees 54 minutes 05 seconds West in prior Deeds) 150.00 feet to an iron pin; thence along the Southern right-of-way line of "C" Street (a 60.00 foot right-of-way), South 70 degrees 05 minutes 55 seconds East, a distance of 17.00 feet to an iron pin; the place of beginning. SAID lot containing 2550.00 square feet. Being Lot 36 on the Final Subdivision Plan of Lila Phipps recorded in the Office of the Recorder of Deeds in Plan Book 60, Page 70 and known as 344 "C" Street, Carlisle, Pennsylvania. Tax Parcel #06-19-1643-370 TITLE TO SAID PREMISES IS VESTED IN Karl N. Albright by Deed from Jeffrey T. Lindsey, acting through his Attorney-in-Fact, Thomas W. Lindsey and Kandace R. Lindsey, acting through her Attorney-in-Fact, Thomas W. Lindsey, dated 12/7/1993 and recorded 12/15/1993 in Deed Book R 36, Page 981. PLAINTIFF AFFIDAVIT OF SERVICE GE MORTGAGE SERVICES, LLC, F/K/A GE CAPITAL MORTGAGE SERVICES, INC. CUMBERLAND COUNTY PJT No. 03-5265 DEFENDANT(S) KARL N. ALBRIGHT SERVE KARL N. ALBRIGHT AT 344 C STREET CARLISLE, PA 17013 ACCT. #0011405230 Type of Action - Notice of SherifFs Sale Sale Date: SEPTEMBER 8, 2004 SERVED Served and made known to w~_i~l~[ ~.~! _]~ ~,~ ~.,::~'" ., Defen~nt, on ~e t~ /~,o clock~.m,, at~ ~ C ~~1 of Pe~sylvania, ~ the m~er described below: ~ ~ _Defen~nt personally served. _Adult fa~ly member with who~ Defen~t(s) reside(s). Relafio~p is ~ Adult ~ charge ofDefen~t(s) s residence who reused to give mine or relationship. ~ManageffClerk of place of lodging in which Defendan[s) reside(s). ~_Agent or person m charge of Defendant(s)'s office or usml place of bus.ess. ~ Other: an officer of said Defendan[s)'s co.any. Description: Age~ Height ~/ t/ Weight/~ Race ~&_Sex_~ _ O~er Ia' ~ ~o~te~t ~dult, being d~y sworn according to law, depose ~d the addr~-- ' -' _ . . ~.m~. m onenlYs ~ale in ~e ~er as set fo~ ~- ' ', .. v rote ~t I personally handed ~ molcateo above ac~e~, 13sueo in the i and at captioned case on ~e ~te Sworn to ~d subscribed PLEASE ATTEMPT SE~ICE AT LEAST 3 TIMES~~& 'rIMES OF SERVICE ATTEMPTED. NOT SERVED On the ~__ day of_ _, 200__, at __ ~ Moved __ Unknown_ _ No Answer ~ Vacant Attempt: / / Time: : Attempt.. __ 2nd -- · / Time:__ : __ o'clock .m,, Defendant NOT FOUND because. 3rd Attempt: / Sworntoandsubscribed be~re me ths___day of __ _,200 _. Nomry: Attorne for Plaintiff Frank Federman, Esquire ~ I.D. No. 1224 By: _dayof~&/ __, 200~/~ --~, Commonwealth / / Time: : GE Mortgage Services, LLC f/k/a GE Capital Mortgage Services, Inc. VS Karl N. Albright In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-5265 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Frank Federman. Sheriff's Costs: Docketing Poundage Law Library Prothonotary Levy Mileage Surcharge Share of Bills 30.00 2.01 .50 1.00 15.00 3.45 20.00 3O.49 $102.45 paid by attorney 07/14/04 Sworn and subscribed to before me This ~o~day of ('~ 2004, A.D.().~t..... ~r'). Prothonotary R. Thomas Kline, Sheriff & Real Egt'ate Deputy GE MORTGAGE SERVICES, LLC, F{K/A GE CAPITAL MORTGAGE SERVICES, INC. Plaintiff, KARL N. ALBRIGHT Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5265 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GE MORTGAGE SERVICES, LLC, F/K/A GE CAPITAL MORTGAGE SERVICES, INC., Plaintiffin the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concm'ning the real property located at, 344 C STREET, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KARL N. ALBRIGHT 344 C STREET CARLISLE, PA 17013 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: Nalne Last Known Address (if address cannot be reasonably ascertained, please indicate) THOMAS A. MARINO, 235 N. WASHINGTON AVENUE U.S. ATTORNEY, MIDDLE DIST. OF PA SCRANTON, PA 98501 4. Name and address of last recorded holder of every mortgage of record: Sallie Last Known Address (if address cannot be reasonably ascertained, please indicate) MELLON BANK 10 SOUTH MARKET SQUARE HARRISBURG, PA 17101 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. Nalne 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 344 C STREET CARLISLE, PA 17013 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. Sec. 4904 relating to unsworn falsification to authorities. Al>hl 22, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff