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HomeMy WebLinkAbout03-6396FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALL1NAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE, S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION 1000 TECHNOLOGY DRIVE MS 314 O'FALLON, MO 63304 Plaintiff LINDA L. LIDD1CK 1004 EAST SIMPSON STREET AdK/A 1004 SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 ATTORNEY FOR PLAiNTIFF COURT OF COMMON PLEAS CiVIL DiVISION TERM NO. o' il CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - 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 ajudgment 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. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 File #: 84334 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 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 ENFORECE A LIEN ON REAL ESTATE. File #: 84334 Plaintiff is CITIMORTGAGE, 1NC., D/B/A CITICORP MORTGAGE, S/B/MTO FIRST NATIONWIDE MORTGAGE CORPORATION 1000 TECHNOLOGY DRIVE MS 314 O'FALLON, MO 63304 The name(s) and last known address(es) of the Defendant(s) are: L1NDA L. LIDDICK 1004 EAST SIMPSON STREET A/K/A 1004 SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 10/25/1993 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PNC BANK, NA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1173, Page 996. By Assignment of Mortgage recorded 4/4/00 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 641, Page 712. 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 08/01/2003 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 #: 84334 The following amounts are due on the mortgage: Principal Balance Interest 07/01/2003 through 12/09/2003 (Per Diem $13.31 ) Attorney's Fees Cumulative Late Charges 10/25/1993 to 12/09/2003 Cost of Suit and Title Search Subtotal $76,222.49 2,156.22 1,225.00 99.84 $ 550.00 $ 80,253.55 Escrow Credit 0.00 Deficit 119.66 Subtotal $ 119.66 TOTAL $ 80,373.21 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 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. 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 $ 80,373.21, together with interest from 12/09/2003 at the rate of $13.31 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: FEDERMAN AND PHELAN, LLP s rancis S. Hallinan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 84334 F~EMISES BEING: 1004 EAST S~/~SON $1g{EET, A/K/A A004 SI/~$ON FERRY ROAD. VERIFICATION TERESA METCALF hereby states that he is ASSISTANT SECRETARY of CITIMORTGAGE, INC mortgage servicing agent for Plaintiff in this matter, that he 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 his 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 unswom falsification to authorities. DATE: SHERIFF'S RETURN - REGULAR CASE NO: 2003-06396 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS LIDDICK LINDA L ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT LIDDICK LINDA DEFENDANT at 0937:00 at 1004 EAST SIMPSON STREET MECHANICSBURG, PA 17055 AMANDA LIDDICK, DAUGHTER a true and attested copy of - MORT FORE was served upon the HOURS, on the 15th day of December , 2003 by handing to COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this f~ day of So Answers: R. Thomas Kline 12/16/2003 FEDERMAN & PHELAN By. FEDERMAN AND PHELAN, LLP 'By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE, S/BfM TO FIRST NATIONWIDE MORTGAGE CORPORATION 100 TECHNOLOGY DRIVE, MS 314 O'FALLON, MO 63304 Plaintiff, v. LINDA L. LIDDICK Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 03-6396 CIVIL 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 L1NDA L. LIDDICK, 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 12/10/03 to 1/20/04 TOTAL $80,373.21 $559.O2 $80,932.23 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 HE1LEBY ASSESSED AS INDICATED. /'9 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 (? ~ s) ~6~-7ooo CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE, S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION Plaintiff LINDA L. LIDDICK Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DMSION : CUMBERLAND COUNTY : NO. 03-6396 CIVIL TO: LINDA L. Ltl)DICK 1004 EAST SIMPSON STREET A/K/A 1004 SIMPSON FERRY ROAD MECI/ANICSBURG, PA 17055 DATE OF NOTICE: JANIIAR¥ fi, 2004 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 1N 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 ILIGHTS. 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 HIR/NG A LAWYEIL YOU C OT O ,TO A OFFICE MAY BE , LE TO PRO E YOU WITH CUMbeRLAND COtrr4TY 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 CASE NO: 2003-06396 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS LIDDICK LINDA L RETURN - REGULAR ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE LIDDICK LINDA DEFENDANT , at 0937:00 HOURS, on the at 1004 EAST SIMPSON STREET MECHANICSBURG, PA 17055 AMANDA LIDDICK, DAUGHTER a true and attested copy of COMPLAINT was served upon the 15th day of December , __ 2003 by handing to - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers: R. Thomas Kl±ne 12/16/2003 FEDERMAN & PHELAN 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 CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE, S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION 100 TECHNOLOGY DRIVE, MS 314 Plaintiff, ¥. LINDA L. LIDDICK Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-6396 CIVIL VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant LINDA L. LIDDICK is over 18 years of age and resides at, 1004 EAST SIMPSON STREET A/K/A 1004 SIMPSON FERRY ROAD, MECHANICSBURG, PA 17055. 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 1 of 1 Department of Defense Manpower Data Center JAN-20-2004 10:29:01 Military Status Report Pursuant to the Soldiers' and Sailors' Civil Relief Act of 1940 Currently not on Active Military Duty, based on the Social Security Number and last name provided. 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 yon have information that makes you feel that the DMDC response is not correct, please send an e-mail to sscra.helpdesk~osd.pentagon.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 1/20/2004 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE, SfB/M TO FIRST NATIONWIDE MORTGAGE CORPORATION Plaintiff, LINDA L. LIDDICK Defendant(s). No. 03-6396 CIVIL TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 1/21/04 to JUNE 9, 2004 (per diem -$13.30) TOTAL $80,932.23 $1,875.30 and Costs $82,807.53 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 T}IAT CERTAIN tract of land situate in the Borough of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania, mom particularly bounded and described as follows, to-wit: BEGINNING at a point in the center line of Simpson Ferry Road, said point being at a distance of 960 feet measured in a westerly direction from the westerly line of lands now or formerly of the Koller Estate; thence along lands now or formerly of LeRoy Zimmerman, South 10 degrees East 200 feet to a point; thence along lands now or formerly of Howard Gamber, South 80 degrees West 75 feet to a point; thence by other lands now or formerly of Arthur W. Warren, North 10 degrees West 200 feet to a point in the center line of Simpson Ferry Road; thence along the center line of Simpson Ferry Road North 80 degrees East 75 feet to the place of beginning. UNDER AND SUBJECT, NEVERTHELESS, to easements, restrictions, reservations, conditions and rights of way of record. BEING the same premises which Lawrence J. Loiacono and Patricia Fallon, his wife, by their deed dated August 18, 1988, lo'anted and conveyed unto Richard M. Ketner and Pamela D. Ketner, his wife, Grantors herein. Pacel# 17-23 -0561-006 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-6396 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE, S,rB/M TO FIRST NATIONWIDE MORTGAGE CORPORATION, Plaintiff (s) From LINDA L. LIDDICK (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 garmshee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $80,932.23 L.L. $.50 Interest FROM 1/21/04 TO 6/9/04 (PER DIEM - $13.30) - $1,875.30 AND COSTS Atty's Comm % Atty Paid $116.90 Plaintiff Paid Date: JANUARY 22, 2004 (Seal) Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary ~.~.B~(: ~r2.~ ~, 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 ID No. 12248 Deputy FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SU/TE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE, S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION Plaintiff, V. LINDA L. LIDDICK Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL D/VIS/ON NO. 03-6396 CIVIL 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 9l because it is: 0 an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE, S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION Plaintiff, L1NDA L. LIDD1CK Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-6396 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE, S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION, 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,1004 EAST SIMPSON STREET A/K/A 1004 SIMPSON FERRY ROAD, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LINDA L. LIDDICK 1004 EAST SIMPSON STREET A/K/A 1004 SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 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) SEARS ROEBUCK & COMPANY MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. EBBETS PARTNERS LTD 200 WHITEHALL MALL ALLENTOWN, PA 18101 8201 GREENSBORO DRIVE SUITE 350 MCLEAN, VA 22102 323 LAKESIDE AVENUE CLEVELAND, OH 44113 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) BENEFICIAL CONSUMER DISCOUNT COMPANY D/B/A BENEFICIAL MORTGAGE COMPANY OF PENNSYLVANIA 1701 LINCOLN HIGHWAY ROUTE 30 NORTH VERSAILLES, PA 15137 5. Name and address of every other person who has any record lien on the property: Nalne 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. NaiTle 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 Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 1004 EAST SIMPSON STREET A/K/A 1004 SIMPSON FERRY ROAD MECItANICSBURG, PA 17055 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 unswom falsification to authorities. January 20, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff CITIMORTGAGE, INC., DfB/A CITICORP MORTGAGE, S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION Plaintiff, V. LINDA L. LIDDICK Defendant(s). TO: LINDA L. LIDDICK 1004 EAST SIMPSON STREET A/K/A 1004 SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 03-6396 CIVIL January 20, 2004 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA YE PREglOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEB T WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTI5 ** Your house (real estate) atd004 EAST SIMPSON STREET A/K/A 1004 SIMPSON FERRY ROAD, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriff's Sale on JUNE 9~ 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $80,932.23 obtained by CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE, S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: {215} 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, ifthejudgment 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 fights. 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 mount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due fi.om 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 yotl. 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 Sher/ffwithin 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 Sheriffwithin 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 situate in the Borough of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to-wit: BEGINNING at a point in the center line of Simpson Ferry Road, said point being at a distance of 960 feet measured in a westerly direction from the westerly line of lands now or formerly of the Koller Estate; thence along lands now or formerly of LeRoy Zimmerman, South 10 degrees East 200 feet to a point; thence along lands now or formerly of Howard Gamber, South 80 degrees West 75 feet to a point; thence by other lands now or formerly of Arthur W. Warren, North 10 degrees West 200 feet to a point in the center line of Simpson Ferry Road; thence along the center line of Simpson Ferry Road North 80 degrees East 75 feet to the place of beginning. UNDER AND SUBJECT, NEVERTHELESS, to easements, restrictions, reservations, conditions and rights of way of record. BEING the same premises which Lawrence J. Loiacono and Patricia Fallon, his wife, by their deed dated August 18, 1988, granted and conveyed unto Richard M. Ketner and Pamela D. Ketner, his wife, Grantors herein. Pacel# 17-23 -0561-006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, 1NC., D/B/A CITICORP MORTGAGE, S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION VS. LINDA L. L1DDICK ) CIVIL ACTION ) ) CIVIL D/VISION ) NO. 03-6396 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for CI'rIMORTGAGE~ INC, D/B/A CITICORP MORTGAGE~ S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION hereby verify that on January 23~ 2004 tree and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: April 30, 2004 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff JAN23 20?4 : CODE 1 g! 03 -5- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND jt SS: I, Robert P. Zie~ler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which James M Bach is the grantee the same having been sold to said grantee on the 9th day of June A.D., ;2004, under and by virtue of a writ Execution issued on the 22nd day of Jan, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 6396, at the suit of Citimtg lnc dba Citicorn Mtg smb First Nationwide Mtg against Linda L Liddick is duly recorded in Sheriff's Deed Book No. 265, Page 60. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this /~ day of , A.D2004 Citimortgage, Inc., d/b/a Citicorp Mortgage, sgo/m to First Nationwide Mortgage Corporation VS Linda L. Liddick In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-6396 Civil Term Richard Smith, Deputy Sheriff, who being duly swom according to law, states that on March 01, 2004 at 7:30 o'clock PM, 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: Linda L. Liddick, by making known unto Linda L. Liddick, personally, at 1004 East Simpson St., a/k/a 1004 Simpson Ferry Road, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Cpl. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on April 06, 2004 at 5:50 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property ofLinda L. Liddick located at 1004 East Simpson Street a/kga 1004 Simpson Ferry Road, Mechanicsburg, 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 mailed a notice of the pendency of the action to the within named defendant, to wit: Linda L. Liddick, by regular mail to her last known address of 1004 East Simpson Street a/k/a 1004 Simpson Ferry Road, Mechancisburg, PA 17055. This letter was mailed under the date of April 06, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 9, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $90,501.00 to James M. Bach. It being the highest bid and best price received for the same, James M. Bach of 352 Sporting Hill Road, Mechanicsburg, PA 17055, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $94,502.66. Sheriffs Costs: Docketing $30.00 Poundage 1810.02 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 13.80 Levy 15.00 Surcharge 20.00 Law Journal 242.15 Patriot News 251.74 Share of Bills 29.26 Distribution of Proceeds 25.00 Sheriff's Deed 39.50 $ 2547.97 Sworn and subscribed to before me So Answers: This '/~ day~f ~ R. Thomas Kline, 2004, A.D. Q~/~t-ProthonotaryL~. ~t~'~,,.,~,~ BY~_j~ dg/)jS,~. Real Estat~c,Deputy (dR_ gel'Il' ~ 13.5.~ q,f CIT1MORTGAGE, INC., D/B/A CITICORP. MORTGAGE, S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION Plaintiff~ LINDA L. L1DDICK Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-6396 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE, S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION, 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,1004 EAST SIMPSON STREET A/K/A 1004 SIMPSON FERRY ROAD, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LINDA L. LIDDICK 1004 EAST SIMPSON STREET A/K/A 1004 SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 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) SEARS ROEBUCK & COMPANY MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. EBBETS PARTNERS LTD 200 WHITEHALL MALL ALLENTOWN, PA 18101 8201 GREENSBORO DRIVE SUITE 350 MCLEAN, VA 22102 323 LAKESIDE AVENUE CLEVELAND, OH 44113 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) BENEFICIAL CONSUMER DISCOUNT COMPANY D/B/A BENEFICIAL MORTGAGE COMPANY OF PENNSYLVANIA 1701 LINCOLN HIGHWAY ROUTE 30 NORTH VERSAILLES, PA 15137 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 interes[ 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 Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 1004 EAST SIMPSON STREET A/K/A 1004 SIMPSON FERRY ROAD MECHANICS]BURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. January 20, 2004 DATE · FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE, S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION Plaintiff, LINDA L. LIDDICK Defendant(s). TO: LINDA L. LIDDICK 1004 EAST SIMPSON STREET A/K/A 1004 SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 ' CUMBERLAND COUNTY No. 03-6396 CIVIL January 20, 2004 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOTREAFFIRMED, THIS IS NOTAND SHOULD NOTBE CONSTRUED TO BE AN ATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OF A LIENAGAINSTPROPERTY. ** Your house (real estate) at,1004 EAST SIMPSON STREET A/FdA 1004 SIMPSON FERRY ROAD, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriff's Sale on JUNE 9~ 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $80,932.23 obtained by CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE, S/B/M TO FIRST NATION3,VIDE MORTGAGE CORPORATION (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: 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. 3. You may also be able td 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 fi.om 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 yotl. 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 Sheriffwithin 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 Sheriffwithin 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 lan~l situate in the Borough of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to-wit: BEGINNING at a point in the center line of Simpson Ferry Road, said point being at a distance of 960 feet measured in a westerly direction from the westerly line of lands now or formerly of the Keller Estate; thence along lands now or formerly of LeRoy Zimmerman, South 10 degrees East 200 feet to a point; thence along lands now or formerly of Howard Gamber, South 80 degrees West 75 feet to a point; thence by other lands now or fbrmerly of Arthur W. Warren, North 10 degrees West 200 feet to a point in the center line of Simpson Ferry Road; thence along the center line of Simpson Ferry Road North 80 degrees East 75 feet to the place ofbegirming. UNDER AND SUBJECT, NEVERTHELESS, to easements, restrictions, reservations, conditions and rights of way of record. BEING the same premises which Lawrence J. Loiacono and Patricia Fallen, his wife, by their deed dated August 18, 1988, granted and conveyed unto Richard M. Ketner and Pamela D. Ketner, his wife, Grantors herein. Pacel# 17-23 -0561-006 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVAfNIA) NO 03-6396 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE, S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION, Plaintiff (s) From LINDA L. L[DDICK (I) You are directed to levy upon the property of the defendant (s)and to selI 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. AmountDue $80,932.23 L.L. $.50 Interest FROM 1/21/04 TO 6/9/04 (PER DIEM - $13.30) - $1~875.30 AND COSTS Atty's Corem % Due Prothy $1.00 AttyPaid $116.90 Other Costs Plaintiff Paid Date: JANUARY 22, 2004 (Seal) CURTIS R. LONG ProthonotaW Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 A~orney for: PLAINTIFF Telephone: 215-563~7000 Snpreme Court ID No. 12248 Real Estate Sale #25 On March 01, 2004 the sherifflevied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA Known and numbered as 1004 E. Simpson St. a/k/a 1004 Simpson Ferry Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 01, 2004 By:, ~-~L Real Estat6;Deputy SCHEDULE OF DISTRIBUTION SALE NO. 25 Date Filed: July 9, 2004 Writ No. 2003-6396 Civil Term Cifimortgage, Inc. dPo/a Citicorp Mortgage, sPo/m to First Nationwide Mortgage VS Linda L. Liddick Sale Date: June 9, 2004 Buyer: James M. Bach Bid Price: $90,501.00 Real Debt: $80,932.23 Interest: 1,875.30 Attorney Costs: 116.90 Total: $82,924.43 DISTRIBUTION: Receipts: Cash on account (03/01/04): Cash on account (06/09/04): Cash on account (06/11/04): $ 1,500.00 9,050.00 85,452.66 Total Receipts: $96,002.66 Disbursements: Sheriff's Costs $ 2,547.97 Legal Search 200.00 State Transfer Tax 995.82 Local Transfer Tax 995.82 Barry Heckard, Tax Collector 1,246.36 Mechanicsburg Borough 514.00 Attorney Frank Federman 1,500.00 Citifinancial Services, Inc. 82,924.43 Beneficial Consumer Discount Company 5,078.26 Total Disbursements: Balance for distribution: ($96,002.66) 0.00 So Answers: R. Thomas Kline Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 25 Held Wednesday, June 9, 2004 Date: June 9, 2004 TAXES: Receipts for all taxes for the years 2001 to 2003 inclusive. Taxes for the current year 2004. WATER RENT: SEWER RENT MECHANICS' AND MUNICIPAL CLAIMS MORTGAGES: JUDGMENTS: Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. Possible unfiled Mechanics Liens and Municipal Claims. Listed Under Other Exceptions Below. Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated ,2004, and recorded ,2004, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Richard M. Ketner and Pamela D. Ketner, his wife, formerly known as Pamela D. Benoit by deed dated October 25, 1993 and recorded October 28, 1993 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle Pennsylvania. in Deed Book "P," Volume 36, Page 723, granted and conveyed to Linda L. Liddick, single person. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of Simpson Ferry Road. 6. Mortgage in the amount of $68,700.00 given by Linda L. Liddick to PNC Bank, N.A., dated October 25, 1993 and recorded October 28, 1993 in Mortgage Book I0. 11. 11. 13. 1173, Page 996. Said mortgage was last assigned to First Nationwide Mortgage Corporation by instrument recorded April 4, 2000 in Miscellaneous Record Book 641, Page 712. Complaint in mortgage foreclosure filed by Citimortgage, Inc. d/b/a Citicorp Mortgage, successor by merger to First Nationwide Mortgage Corporation as Plaintiff against Linda Liddick, as Defendant in the Office of the Prothonotary of Cumberland County to File No. 2003-6396. Judgment in the amount of $80,932.23 entered January 22, 2004. Mortgage in the amount of $7,500.00 given by Linda L. Liddick to beneficial Consumer Discount Company, dated May 23, 1996 and recorded May 28, 1996 in Mortgage Book 1322, Page 461. Judgment in the amount of $6,384.85 entered by Sears Roebuck and Company as Plaintiff against Linda L. Liddick as Defendant in the Office of the Prothonotary of Cumberland County on September 3, 1999 to File No. 1999-5437. Judgment in the amount of $1,449.77 entered by Ebbetts Partners Limited as Plaintiff against Linda L. Liddick as Defendant in the Office of the Prothonotary of Cumberland County on August 21,2001 to File No. 2001-4913. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. It is to be noted that no proof of service was filed indicating service on Beneficial Consumer Discount of Linda L. Liddick. Under and subject to rights of Pennsylvania Power & Light Company imposed by Deed of Pennsylvania Realty & Investment Company dated November 17, 1942 and recorded February 14, 1944 in Deed Book "T," Volume 12, Page 290. Satisfactory evidence to be produced that proper notice was given to the holders of all interests intended to be divested by Tax Claim Bureau Deed recorded January 26, 1967 in Deed Book "F," Volume 22, Page 713. Satisfactory evidence to be produced that advertisement was sufficient despite the lack of any reference to improvements on the subject premises. 14. Real estate taxes accruing on and after July 1, 2004 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environ~rict. Court.~~ Robert G. Frey, Agent ,/~ REAL ESTATE SALE BIO. 25 Writ No. 2003-6396 Civil Citimortgage, Inc., d/b/a Citicorp Mortgage, s/b/m to First Nationwide Mortgage Corporation V$, Llnda L. Liddick Atty.: Frank Federman ALL THAT CERTAIN tract of land situate in the Borough of Mechan- lcsburg, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and scribed as follows, to-wit: BEGINNING at a point in the cen- ter line of Simpson Ferry Road, said poinl being at a distance of 960 feet measured in a westerly direction from the westerly line of lands now or formerly of the Kaller Estate; thence along lands now or formerly of LeRoy Zimmerman, South 10 de- grees East 200 feet to a point; thence along lands now or formerly of Howard Gamber, South 80 degrees West 75 feet to a point; thence by other lands now or formerly of Ar- thur W. Warren, North 10 degrees West 200 feet to a point in the cen- ter line of Simpson Ferry Road; thence along the' center line of Simpson Ferry Road North 80 de- grees East 75 feet to the place of beginning. · - UNDER AND SUBJECT, NEVER- THELESS, to easements, restric- tions, reservations, conditions and rights of way of record. BEING the same premises which Lawrence J. Laiacono and Patricia FElon, his wife, by their deed dated August 18, 1988, granted and con- Veyed unto Richard M. Ketner and Pamela D. Ketner, his wife, Grant- ors herein. Pacel# 17-23-0561-006. THE PATRIOT NEWS THESUNDAY' PATRIOT NEWS Proof of Publication Under Ac~ No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office end p~ace 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 27th day(s) of April and the 4th and 11th day(s) of May 2004. 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 °ffioe f°r the Roc°rding °f Deeds in and f°r sa'd ~~i:e°us B°°k "M"volUmepUBLiCATiON14, Page 317. COPY sworn to and subs~ before me,~q~ 28th day of}day 2/00~. A.D. CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 251.74 Publisher's Receipt for Advertising Cost ~ Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general ;ledge receipt of the aforesaid notice and publication costs and certifies that the same have m~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 16, 23, 30, 2004 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. REAL ESTATE SALE NO. 25 Writ No. 2003-6S96 Civil Cltimortgage, Inc., d/b/a Citicorp Mortgage. s/b/m to First Nationwide Mortgage Corporation 'VS. Llnda L. Liddick Atty.: Frank Federman ALL THAT CERTAIN tract of land situate in the Borough of Mechan- icsburg, County of Cumberland, Commonwealth of Pennsylvania, more paracularly bounded and de- scribed as follows, to-wit; BEGINNING at a point In the cen- ter tine of Simpson Ferry Road, said point being at a distance of 960 feet measured in a westerly direction from the westerly line of lands now or formerly of the Koller Estate: thence along lands now or formerly of LeRoy Zimmer/nan, South 10 de- grees Eamt 200 f~o.~ a ditor SWORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004 LOIS E. SNYDER, Nota~/Public Carlisle Bom, Cumberland County My Commission Expires March 5, 2005 mortgage Corporation L~nda L. Liddlck Atty.: Frank Federman ~ THAT CIgRTAIN tract of land situate in the Borough of NIechm~- iesburg. County of Cumberland. Commonwealth of Pennsylvania. more p~cul~ly bounded ~d seabed as follows, to-~t: B~GINNING at a point In ~e cen- ter ~e of Simpson Fe~ Road. point being at a dls~nce of 960 feet measured th a westerly dlree~on ~om ~e westerly lthe of l~ds now or formerly of the Koller ~state; ~enc¢ ~ong lands now or fo~efly of~y Zimme~. Sou~ 10 ~ees ~t 200 feet to a point; ~ence along lands now or formerly of Ho~d G~ber. Sou~ 80 degrees West 75 feet to a point; ~ence by o~¢r lands now or formerly of M- thur W. Wa~en. No~ i0 West 200 feet to a point In ~¢ cen- ter line of Simpson FerW Road; thence along the center line Simpson Fe~ Road N0~ 80 de- ~ees East 75 feet to ~¢ place of UNDER ~D SU~CZ THELESS. to easement, restrlc- ~ons. rese~a~ons, condl~ons NOts of ~y of record. B~ING ~e same pre~ses w~ch ~ee d. La,coho ~d Pa~cia F~lon. his ~fe. by ~¢ir deed dated August I8. 1988. g~ted ~d con- veyed unto ~chard M. Kemer and Pamela D. Ke~er. his ~fe. ors herein. Pacel~ 17-28-0fi61 aWUKN TO AND St 30 day of_ NOTARIA LOIS E, SNYDEI:{ Carlisle Boro, Curt My Commission Expi