The URL can be used to link to this page

Home My WebLink About04-0163 FEDERMAN 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 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 CITIMORTGAGE, INe., D/B/A CITICORP MORTGAGE COURT OF COMMON PLEAS S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION CIVIL DIVISION 1000 TECHNOLOGY DRIVE, MS 314 O'FALLON, MO 63304 TERM Plaintiff NO. 04 - /k.j C.c..~L '-r~ v, CUMBERLAND COUNTY CATHERINE F. SWEENEY 920 HAMIL TON STREET CARLISLE, PA 17013 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 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 MAYBE 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 LlBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 File #: 85804 File #: 85804 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 ENFORCE A LIEN ON REAL ESTATE. I, Plaintiff is CITIMORTGAGE, INe., D/B/A CITICORP MORTGAGE S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION 1000 TECHNOLOGY DRNE, MS 314 O'FALLON, MO 63304 2, The name(s) and last known addressees) of the Defendant(s) are: CATHERINE F, SWEENEY 920 HAMILTON STREET CARLISLE, P A 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 05/07/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1541, Page 671. 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 09/01/2003 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 #: 85804 6. The following amounts are due on the mortgage: Principal Balance Interest 08/01/2003 through 01/12/2004 (Per Diem $19.12) Attorney's Fees Cumulative Late Charges 05/07/1999 to 01/12/2004 Cost of Suit and Title Search Subtotal $101,509.85 3,154.80 1,250.00 168.05 $ 550.00 $ 106,632.70 Escrow Credit Deficit Subtotal 0.00 222.94 $ 222.94 TOTAL $ 106,855.64 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. 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 haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. 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 $ 106,855.64, together with interest from 01/12/2004 at the rate of$19.l2 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale ofthe mortgaged property. FEDE~N AND PHELAN, LLP . ~&-)~~ By: ,/slFrancis S. Hallman FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 85804 I AU. 'l'HAT Q:2'tAlN' lat. of grou.nd. wi.~J\ ~he il'llProvllMat8 thereOn. erec:tcd, aituilt:C: jrt IlOflTR MlODJ.E'J't>> TQWN&1lIP, eumbeJ"lOlnd. COuat)", patUaylvan.ia.. n'IOl'e D..~t.ic\l1ilrly bO\QIdtsc1 aad delicribed. .ilctordif19 1:0 purvey made Fl:bruw~ 6, 19". by 1'l1oaaAs A. Kef'l, 1it:g'i8~ere:d S...rveyOl;'. &8 tallows; a1:GDlNUlG iU:' ill. 8~itke OIl cbs nordlB1"'J\ line of HamiltDA Streee (&0 fe.~t ride} which .~ue 1.&1 .ic.u4J.t.cd SQuJ:h .oixty-I:h~ U;~" dagre-ele .~at:, tour l1undrcd ebi~teeft (413) feeD trom the we.c~ li~o af L. x. ~lOH3; ~hance by cbc norche~ l1Ao of R-.ailtut) Stree" 80ueh oixtl"-I:hre. (63J deg%ec.~ Welt. fleventy-fi'\P8 ~ no oAe-hun4red'~. (7~.OO) feee ~a a StAke, tben~erby a lind of propert~ DOw or fO~~lY of Ha~Dh&11 Sutcon. NOr~h t~n~y-8.Yen (27) dG~ee8 Neat, cwo ~undre4 0\11" DO ol1...bu"'lredthe 1200.00) {eGO &D <In ireA pipe; th...."" by J,ot No. 48 ",,"he he~1nalte~ ~~e1oned pl~. No~~b a~y-th%ee (6J) dtsSTeea S~gt, seventy. five ~Qd DO oce-bUn!redtba (15.0D) ~oe~ 'to Mn iron pin, thence by lO~ ~ow or 'o~rlY ot lUJdrsw c. K,elIl!lY, South ~weDtr".cveD (27J dll)grl:aa 1::4111;, 1:.WO 1l~!l.1U'US no 008-bUndre~cha 1200.00) t....t 00 tbe pl~e at BtG~I~. DEDaO 1.01; No. '4 on the cerr..l1n -Plan Df McU.tiCMl. Lot" af ~Q"ale:" said p1..n ot lo~G baipg Dnlc~ed ot ~Dard ~n the Offic~ of the: ka~dar of needa aC Cnli~le. I'e""sylvanla. ;In Plan llook S. Page .0. Being knowP .... '~D Hamil.Oft S~rl:l:t, Carli.le. Pennaylvan~a. - -,-- VERIFICA nON TERESA METCALF hereby states that he is ASSISTANT SECRETARY of CITlMORTGAGE, 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 unsworn falsification to authorities. ~ TERESA METCALF Assistant Secretary DATE 0\ \as u{ ~ "" C) P cc-:. -Tl 8 ~.:._~) ~ l/) ..!,.- ,--< ~ c._ :-'---n 0 ~. ~.~~~ .....'~, 0 (~) i"')Ci ~ W ", "-> () '" c.v -cJ ...t:: '-', \t 1.._._' ~ F- --0 .:. t '--l.. SHERIFF'S RETURN - REGULAR CASE NO: 2004-00163 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS SWEENEY CATHERINE F JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SWEENEY CATHERINE F the DEFENDANT , at 2053:00 HOURS, on the 21st day of January ,2004 at 920 HALMITON STREET CARLISLE, PA 17013 by handing to CATHERINE SWEENEY a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3,45 .00 10.00 ,00 31.45 //~ ~,.l>>~ 'j' -- R. Thomas Kline 01/22/2004 FEDERMAN & PHELAN Sworn and Subscribed to before me this ~1~ day of (~l ~'I A.D. ( ,ft, -0 )1W;"" #. /Prothonotary By: G~ pty Sheriff FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No, 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN ST A nON 1617 JOHNF, KENNEDY BLVD., SIDTE 1400 PHILADELPHIA, PA 19103-1814 (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 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2004-00163 Plaintiff, v. CATHERINE F. SWEENEY Defendant(s). 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 CATHERINE F. SWEENEY and, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 1/13/04 to 2/26/04 TOTAL $106,855.64 $860.40 $107,716.04 I hereby certify that (I) 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. J~~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICAT}f' , /J DATE: fYl ~j) rL S', ;)..DOY (~A/1 /';n.J?' , ~Or-\c.. PRO PROTHY ~O 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 (71 'i) 'i61-7000 ATTORNEY FOR PLAINTIFF CITIMORTGAGE, INe., D/B/A CITICORP MORTGAGE S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY Vs, : NO. 2004-00163 CATHERINE F. SWEENEY Defendants TO: CATHERINE F, SWEENEY 920 HAMILTON STREET CARLISLE, PA 17013 DATE OF NOTICE: FRRRTJARV 11, 2004 THIS FIRM IS A DEBT COLLECfOR 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 RECENED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECf A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEF AUL T 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 MAYBE 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THA T 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 RETURN - REGULAR CASE NO: 2004-00163 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ~\ CITIMORTGAGE INC VS SWEENEY CATHERINE F JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County;Pehnsylvania; "whc'- beingmaUly IJw6rh-'aCcoYdihg to law, says, the within COMPLAINT - MORT FORE was served upon SWEENEY CATHERINE F the DEFENDANT , at 2053:00 HOURS, on the 21st day of January , 2004 at 920 HALMITON STREET CARLISLE, PA 17013 by handing to CATHERINE SWEENEY a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.45 .00 10.00 ,00 31.45 ~;~ ,-</~ , R. Thomas Kline 01/22/2004 FEDERMAN & PHELAN Sworn and Subscribed to before By: c-J ~J? ~rtty Sheriff. me this day of A.D. Prothonotary FEDERMANandPHELAN,LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION 1000 TECHNOLOGY DRIVE, MS 314 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2004-00163 Plaintiff, v. CATHERINE F. SWEENEY Defendant(s). 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 ofthe Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended, (b) that defendant CATHERINE F. SWEENEY is over 18 years of age and resides at , 920 HAMILTON STREET, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S, Section 4904 relating to unsworn falsification to authorities, 3J\M1~ ~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff LEGAL DESCRIPTION ALL THA T CERTAIN latof gmulld with tbe improvements thereon el'Cdr:d. situaIC in Nonh Mlddleron TOWRllhip. CUmbcrlllod County. PelmsylVlll1ia, more panicularly boUDded and dcllcrilled according to survey IIIlIde February 6. 1969, by Thomllll A, Neff, Regisl.ered Surveyor. lIli follows: BEGINNING at Il slake on the northern line of Hamiltoo Street (60 feel wide) which stalee is sitllilll:d South sixty-tbtee (63) degrees West, four huIIdrcd thirteen (4l3) feet from 1l1c western line of L.lt 21083; thence by tbc nonbctu line of Hamilton Stxeel, SQ\Ub smy-three (63) degl"ees Wesl, seventy-five atld no Olle-h\lIKIrodths (7$,OO) feet to a stake: thence by a line of property Ill1W or formerly of Mal'!lball Sutton, North twenty-seven (27) degrees West. two buodred and no one-hundredth.' (20Cl.OO) feet 10 an iron pipe; thence by Lot No. 48 on !be hereiDafter menl:ioncd plan. North sixty-lJJree (63) (lcgrees East, seventy-five and no one-hundredths (7~JIO) feet to an [roo pin; l.btnce by lot IlOW or fonnerly of Andrew C. Keeley, South lwenty-seven (27) de@rccseast. two hulldrcd aJltcl. no O1le-lIl111dredtbs (200,OO) feet to the place of Beginning. B8NG Lot No, 34 on the certain "Plan of Additional lolli of Greenvale' 1IlIit!. plan of lots being enrerell of record in the Office of the Recorder of Decdll at Carlillle, Penm.-ylvanla, in Plan Baok 6, l".tge 40. Being known as 920 Hamilton Sln:d. Carlisle. PeMsylvania. TITLE TO SAID PREMISES IS VESTED IN Calhcrine J:l, Sweeney. 111l1lUTi.ed person by tcaS(l1l of the folluwing: BEING TIlE SAME PREMISES which l'atric1c J. McGlynn. Jr. lUi<I Hwi Kui McG\ynIl, h\lllband and wife by DmJ daled 8/12/1996 and recorded 00 8J 12/1996 in the Counly of Cumberland in Deed Book 144, Page 36 conveyed unto Harry L. Sweeney and Catherine F, ~'wecney. husband and wife AND BEING TIlE SAME PREMISES WIIleb Harry L, sweeney and Catherine F. Sweomey, husband and wife by Deed dated Snll999 and recorded on 5113/1999 in Ihe County of Cumhcrland in Deed Book 199, Page 423 cunveyed unto Calherille F, SWl.'eIlC)', a married person. PROPERTY ADDRESS: 920 HAMILTON STREET, CARLISLE, PA 17013 TAX PARCEL: # 19-1639-060 ,- (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE SIB/M TO FIRST NATIONWIDE MORTGAGE CORPORATION 1000 TECHNOLOGY DRIVE, MS 314 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2004-00163 Plaintiff, v. CATHERINE F. SWEENEY Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on f"tl?/UC-, 200 'I ~: ~n~#~P~~ DEPUTY / E If you have any questions concerning this matter, please contact: j~~ FRANK. FEDERMAN, ESOUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN 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,"" C/0 (J -'g. ~U::. 'i :-G B 8 ......... t; ..c:::. ~ ~ ~ iI! ~ ll' b' - ~ - Z F --".:.-.- 9, ~ :r' __n.:. n"j :tJ I :n!:n ,.T; /'9 '._~'" , :,'~. ___,C) ~-i (-. --'. ) ;f'I _.~. .. -_....' N \.D FEDE~ANandPHELAN,LLP By: FRANKFEDE~AN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PffiLADELPffiA,PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE S/BIM TO FffiST NATIONWIDE MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 2004-00163 CATHERINE F. SWEENEY Defendant(s). 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: o 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, J~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff () ...., = !?, (; 22 ~ ..... ::r: nl;;I! I '~ot,-. :P)' (.;". ~.=J C) -r: -;, l_) -,'/ >'" (~") "5 ~'jl ~,"t r....J ::..7 ',," , (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION Plaintiff, v. CATHERINE F. SWEENEY Defendant(s). No. 2004-00163 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter; Amount Due Interest from 2/26/04 to JUNE 9, 2004 (per diem -$17.71) TOTAL Note: Please attach description of property. No. $107,716.04 $1,841.84 and Costs $109,557.88 J MAJti Je.dnm6l-'11 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff < ~ ~ .. ~~ ... ;;;I "'... U ~ U :J~ .....~ ~'E ~~~ :z; ~ a S:'" us< ~ :z;~ ~ 0 ~ogz ~ o~ o~ e:!IE-o~O '" .... .. :;~ 0" ..: ;~ :;,; ~~~:;~ ,;, ~ ~~ 0.... .. u~ ~~~o ~:. .. ~~ ot: ~o ..r~~ ~ 0 u ~< 0 ::= ~6 ~~ <~OU ~ .. ~...... U 0< ....~~ U ~ U; ~oz ~~ ~:; ~ ~~ .. z:; .... ..>:l tl U -1'; . '- v ~ ~~~ ~ ~ 0}~ ~J .:: :: ~ ~ . I \) \) Q~ a \) () l." CJ c." -::r o '::r <II () ~ . 't,.: ~~~o: f) rv) 'G,. - ....... ~ )--- '" .... Q l- .... ] ~ < =- . ;j ; U . """ ~ l ~ ~ l1) t:":,;:: "(/'J tI) ::l1:i z <l) ~.t<j 0 ,.0 ~! ~ ! -'?a ~ 8: ~ g ~ .. ,,< ~ ~ r') ;:: ;,; ~ .f3 "d < ---J u ~ Jf -f:; '~ 3 -~ 1 ...j " ;Jl l..n ~ \...AJ ~:t --.J ) tf ~ <:.JriO!. LEGAL DESCRIPTION ALL THA T CERTAIN lac of g.roulll1 with lbe improvemenu IhetCOl1 ercacd. s.itu1lC in Nonh Mlddleron Township. Cumbcr1aod Coumy, I'emlsylvlWia, more panicularly boUlJded and dc8crilJed according to survey made February 6, 1969, by Thomllll A, Neff, Rqisl<<ed Surveyor. all follows: BOOINNING at a stake on the northern IilIe of HllIItilIDn Street (60 fee( wide) whicb ate is situated South $lxIy-tbtee (63) degrees west. four hundred thirteen (413) feet from the western line of L R. 21083; thence by the oortllcn1 line ofHamiJl;oll Street, SO\1dI sixty-three (63) degrees West, seventy-five l1't1c1. no 0fIe-hu.adrcdd1s (7S,oo) feet 1<I a stake; theme by a line of property nuw or formerly of Marshall Sutton, North tWenty-filM'll (27) degrees West, two bundred and no one-hundredtlr.1 (200.00) feet to an iron pipe; thence by Lot No. 48 on the hereillafrer melltioncd plan, North aix:ty-llJree (63) dcg= East, seventy-five and no one-Iwndredthil (7.5.00) feet to an iron pin; lbence by lot now or fannerly of Andrew C. Keeley, South twllllty-Geven en) de8rccs east. two huDdled aDClllO onc-hWldrcdths (200.00) feet to lb.e place of Beginning, BF.TNO Lot No. 34 on the cerlllin "Pllm ()f Additional Lam of Greenvale" said plan of lotll heing entered of record in the Office of the Recook:r of Deeds at CarliliJe, PCIIIIl;ylvania, In Plan Hoole 6, I""ge 40. Being bown as 920 Hamilton Sired. Carlisle, Pem1syll'ania, 'lULE 1'0 SAID PREMISES IS ~ED IN Calhctine P. Swceru:y. a married person by reason of the fulluwing: BEING TIlE SAME PREMISES which J>atrick I. McGlynn, lr. ami Hwi Kui McGlynn, hU8bll!ld and wife by Deed dall:d 8112/1996 and recorded 00 811:2119% io the County of ClUI1berland in Deed Book 144, Page 36 conveyed unto Harry L. Sweeney and CatlJerine F. Sweeney. busband and wife AND BEING TIlE SAME PREMISES whieh Harry L. sweeoey alld ClItherioe F. Sw_y, husband and wife by Deed dated Sml999 ami recorded 005113/1999 in Ibe County of Cwnbcrland in Deed Book 199, Page 423 cullveyed IIIlJO Cal:heride F. Sweeney, a married person. PROPERTY ADDRESS: 920 HAMILTON STREET, CARLISLE, PA 17013 TAX PARCEL: # 19-1639-060 '" ~ :-~ c., ., ::;:1 ri1idJ '71 In ~.6 ~!~' --'.; ~ (~ ~'-~ f f, ::c Z?..: '"V I (Ji --',-.. r,) \.D WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-163 Civil 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 CATHERINE F, SWEENEY (I) 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) Ifproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $107,716,04 L.L. $.50 Interest FROM 2/26/04 TO 6/9/04 (PER DIEM - $17,71) . $1,841.84 AND COSTS Arty's Cornm % Due Prothy $1.00 Atty Paid $113,45 Other Costs Plaintiff Paid Date: MARCH 5, 2004 CURTIS R, LONG (Seal) Prothon~y p em ~n-",,_ . '(dJA/"'~ 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 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE S/B/M TO FffiST NATIONWIDE MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 2004-00163 CATHERINE F. SWEENEY Defendant(s). 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 ,920 HAMILTON STREET, CARLISLE, PA 17013 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CATHERINE F. SWEENEY 920 HAMILTON STREET CARLISLE,PA 17013 2. Name and address ofDefendant(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 ofrecord: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 920 HAMILTON 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities, March 3, 2004 DATE J .MIMk:k.it.1/m.M'} FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff (, "" C~.J ,-~ c; ""n =X! ",4 {,l-.' ,-. -~ITl -6\::1 ~~C) ::l~:'r~ (~: ~ (') , '')\T1 't -- ;;(; I en ,,~ "" -< CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE S/BIM TO FIRST NATIONWIDE MORTGAGE CORPORATION CUMBERLAND COUNTY No. 2004-00163 Plaintiff, v. CATHERINE F. SWEENEY Defendant(s). March 3, 2004 TO: CATHERINE F. SWEENEY 920 HAMILTON STREET CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at, 920 HAMILTON STREET, CARLISLE, PA 17013, 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 $107,716.04 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: I. 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 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 ifthe buyer pays the Sheriffthe 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 ifthe 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, P A 17013 (717)249-3166 LEGAL DESCRIPTION ALL THA T CERTAIN lot of ground with the improve:nenllllhercon crccu:d, siNalC in Ncnh MiddletOn Township. Cumberland C'oumy. I'emlsylvlll1ia, more panic:ularly boUDded and dcscrihed according to SlJrvll)' made February 6. 1969, by Thoma., A, Neff, RegisLered Surveyor, II.!! follows: BEGINNING at a slake on the northern line of Hamilton Street (60 feet wide) which slake is sitllalW South sixly-thtee (63) degrees West, four hundred lhinccn (413) feet from the western line of L.R. 21083: thellce by the norlllcm line ofHamiltonStJ:eeI, SQ\Ilb sixty-three (63) degrees West, seventy-five and no olle-hu.ndrcdths (7SJXl) feet to a stake; thence by a line of property now or formerly of Mal'llhall Sutton, North twenty-seven (27) degrees West, two bundred and no one-bundredtlm (200,00) feet to an iron pipe; thence by Lot No. 48 on the hereinafler mentioned plan. Nonh sixty-Lbree (63) degrees East, seventy-five and no one-hundredths (7~l.(XJ) feet to an iron pin; Ihence by lot now or formerly of Andrew C. Keeley, South twtlllly-stiven (21) degrees callI. two hundto:d and no one-hundredths (200,00) feet. to the place of Beginning. BEING Lot No. 34 on the certain "Plan of Addilional Lots of Greeuvale' said plan of 101ll being entered of record in the Office of the Recoolet of Deeds at Carlisle, Penm;ylvania, in Plan Book 6, .....ge 40, Being known as 920 Hamilton Street, Carlisle, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Catherine p, Sweeney, a married person by reason of the folluwing: BEING TIlE SAME PREMISES which Patrick 1. Ml;Glynn, Jr. and Iiwi Kui McGlynn. husband and wife by Deed daled 8/12/1996 and recorded Oil 8/12/1996 in the County of Cllmberlalld in Deed Book 144. Page 36 conveyed IIlItO Harry L. Sweeney and Catberine F, Sweeney, busband and wife AND BEING TIlE SAME PREMISES which Harry I., Sweeoey and CatheriM F. Swe<c<ney. hus\:IQnc;\ and wife by Deed dated Snlt999 and recorded 0115/13/1999 in \he County of Cumhcrland in Deed Book 199, Page 423 conveyed UDIO Cal:herine F, Sweeney, a married person. PROPERTY ADDRESS: 920 HAMILTON STREET, CARLISLE, P A 17013 TAX PARCEL: # 19-1639-060 r? 0.,) <,0 "-' c..-=:> c;.:;, -~ C) -n :--1 ;:;i ;~;Q .:-,{l1 C~? '~;jCJ ,~ ~-:-, ! '.:~; ",-j -"w _:1-... :::.:) , C'j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE S/BIM TO FIRST NATIONWIDE MORTGAGE CORPORATION ) CIVIL ACTION ) vs. ) CIVIL DIVISION ) NO. 2004-00163 CATHERINF. SWEENEY AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for CITIMORTGAGE. INC" D/B/A CITICORP MORTGAGE S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION hereby verify that on March 10. 2004 & April 2. 2004 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: April 5. 2004 ]- Ji-O D t ~ili h.fl]rty) FRANK FED RMAN, ESQUIRE Attorney for Plaintiff FEDERMAN AND PHELAN, L.L.P. One Penn Center at Suburban Station 1617 John F. Kennedy Bouleval'd Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Main Fax 215-563-5534 April 5, 2004 Office ofthe Prothonotary CUMBERLAND County Courthouse RE: CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION v. CATHERIN F. SWEENEY CUMBERLAND County, No. 2004-00163 Dear Sir, Please file the enclosed AMENDED affidavit(s) in reference to the above captioned matter(s), Kindly return the attorney copy(s) in th,e self addressed stamped envelope that has been provided for your convenience. Thank you for your cooperation. Y)ur~t1IY, EXJ~t~llmond for Federman and Phelan CC: Sheriffs Office of CUMBERLAND County CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 2004-00163 CATHERINE F. SWEENEY Defendant(s). AMENDED 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 ,920 HAMILTON STREET, CARLISLE. PA 17013 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CATHERINE F. SWEENEY 920 HAMIL TON STREET CARLISLE, I) A 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 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 asc,ertained, please indicate) MEMBERS FIRST FEDERAL CREDIT UNION 5000 LOUISE DRIVE MECHANICSBURG, I' A 17055 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 asc,ertained, 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 920 HAMILTON STREET CARLISLE, J>A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, I' A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P'A 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S, Sec. 4904 relating to unsworn falsification to authorities, April 5. 2004 DATE 1-)lJ).11 Ji 'iWy)ffJ(}j/J FRANK FEDERMAN, ESQUIRE Attorney for Plaiintiff . t'" 0>2: ....c... "'.., ~. OOc.a _. 0 - u. .... W N - ~ Eo - - - - '" 00 '" '" CD .. CD U. :;;: W N - 0 = ~ ~ . z ~~ c.",= ~ ~ c. ~. "0 ~ ~ ,," ~ g ii" !l' z c 3 IT CD ... "'-~"'1 I ~ ~ t:I z =-"" t'rJ ~ . :::..o-<'llt:l "'.., 0 ~ ~ 0 ~ ~::i~ !!.[ . g,z ~ _0 > "dS l<~ ~ ~ ~ ~ S-:"'1<1 "'- ~ ~ a g 0 0 .P'. CD ~~ 'Tj (') g; ~ ~i!~ 0'" ~ 9l n" ~ g ~ o ~ r/) ~ .. . . r/) ~ 3 ~ ,. "'''- ~ . ......O"C/.l,,"o ~ Il. 8'< g.:Ii ~ 0 ~ '" ,coEit'rJ . 'Tj ~ ><: '" "" r/) ooo('j"t'""l ><: . N ~ 0 0 :;;:~~~ '" 0 'Tj 31 N ~ ~ .. ~ ",. 0 ~ > "'''' ~ r/) ~ ::lo..st~ .e ~ . ~ ~ tt" ::t.~ ..~ i .. 0'" ti ...",==, )1.. - ~ ~ ' " -\ ti 0 ., ~. '" .. " ~ ~ z .. \T\ ~ - ~ r/) .... :;.. ~ t:I 0 R S r/) .. 0 ~ I (') .. 0 ~ N .f;J 0 ~ .f;J ~ ~ s: S ~ il ~ - ~ - w r/) ~U~~ r/) p; 0 a .~ 'Tj "" ~ ~ "'ir~.!!: :> ~ g 51 j;l. "" w~.~. :> :::; ~ ~ III t::': ~ il. . e ".;J - 8 ~ ~ ~ ~ g' '" 0 w - ....::r~;'s., w "" ;;j ~R'8g~ 0 n~' 8' to ;>:l 'q' ~_. ~'i ~ ~:; , ~ i fU~l ! N ~'-I '" , '" 8::; ~ ~ '" y. ~~. ~; ~ ~ 'll~ir[f ~\fJ/. c;> i ~ '" #' ~ I,~ ~ ~. ttl g. - r/) r/) ~.~ i 8- to .~ ~ _.. 5' .~ ~ ,0 , en I '~') U)! ~~".. "" ...... ----/ Co. ~ ~ ~ ~ :> ~, .p- 0:::; .:::::i/ J".;--H "" - ~ ~ J.// '" 1i '" ~ - :> 0 - . ~ - - !i.lara. '" w Et-n~f: R .g g 0 2- g. m51 i !\.i ~ '" ~'lll g';J . .#"""'.. ~ ,,0 . ~~. ~ .~L '. /:!?~~;~~,","'2.' . g S .. Z J ~~~~w W[~a :J ~ PllNl'IBOWlCS :? .... 8' o 021A $ 01.200 ~ ~. ~ go ~~H r -: 0004300377 i\.jlAR 1 (: 2004 ~58:;; : MAilED FROM ZiPGODE 19103 qH I- ::1;:'''<;1 g WlJJI ~ -.... 5 ~ 0' - '- -">-l ~f ~ 0__ ~ 2 VI ~. g. 0.0 0'" '< g, '" g 0. ~ ~O' >;, hlg,~ <" z ~:. 2.. c --.1 1'. g. ~ "'I:;l~ ~ ~ 0 ~ 0:;; ~ ~ g t'tj l'II"'~ Q ~ "l:tj~ ~o %~~ ~ ~ ~ o 0 -." " ~ z . g o ~ ~ o o 3 " ,. ~ - ... ... w '" '" v. - - ~ 00 ..... - - 0 w '" - * * * * * . . * . . . . * * . * . . . * * . * . . . . * . * * . * . * * * . * . * * . . :s:~:s: t'jot'j ("Jo~ =!"'ti3 ~ot'j _S~ ("J~>,; gjt::l~ ~~., flt'j~ .. t::l > t'j ~ ("J ~ - ., ~ o z ..... o Ul Ul o>z ...."'.. "''''3 L. ~ ~ tl:I ~ l;' ~ = - ... '" z> S it. 0'- : !:!l l'II . . I "0>'; =-=t'j =l'tIt:;l "..t'j "'" ~ l!.= =-= -. ("J > ~ tl:I ~ '"Ca~ >~"'d -,,= "'~t'j ~rI.lt""l YJ~~ 0- .. .? '" S. ~ " - ... o o /"' c, ~ .' .~ '" ~ >~ ~ ,-.,.-r.fS Pos",%! 9'" \<' I:? ~~ _..:-..... Z!l'-<f~~~ :J ~P'TNEVB0<;\.0I05 $ 00.900 0004300377 APR 02 2':>4 MAllEO FRO~I ZIP CODE 18103 02 1A f.: C) ......, ~'? =' -"'" ~7.; :;c, 1 CO ':... -r'J ...... _:.~ o -.\ .--\ -C-n rllf'=' ,-n 'r, " -J)T ~5~ '~V'\ ~) CD '"q ._, In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No, 2004-163 Civil Term Citimortgage Inc. d/b/a Citicorp Mortgage slb/m to First Nationwide Mortgage Corporation VS Catherine F. Sweeney R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Frank Federman, Sheriffs Costs: Docketing Poundage Posting Handbills Advertising Mileage Levy Surcharge Law Journal Patriot News Share of Bills Law Library Prothonotary 30.00 17.24 15.00 15.00 6.90 15.00 20.00 381.65 347.89 29,26 .50 1.00 $ 879.44 paid by attorney 06/18/04 Sworn and subscribed to before me ?~ --:;, -c ~-c..f' This JI~daYOf~ ,"""""" ~ L') , /) - .-- R. Thomas Kl..ine, Sheriff 2004, A.D. ~ u.: ~,~ J. r .-111 BY (Jrllf,~ Prothonotary Real'E~te Deputy ),)'0 C/e.. 'I t, Il.f {Cu .1SJ37f, CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 2004-00163 CATHERINE F. SWEENEY Defendant(s). 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 ,920 HAMIL TON STREET, CARLISLE. P A 17013 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address carmot be reasonably ascertained, please indicate) CATHERINE F. SWEENEY 920 HAMILTON STREET CARLISLE, P A 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 Last Known Address (if address cannot be reasonably ascertained, please indieate) None 4. Naroe and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 cmmot be reasonably ascertained, please indicate) Tenant/Occupant 920 HAMIL TON STREET CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. e.S. Sec. 4904 relating to unsworn falsification to authorities. March 3, 2004 DATE }.MIA1k 'de,~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION CUMBERLAND COUNTY No. 2004-00163 Plaintiff, v. CATHERrnE F. SWEENEY Defendant(s). March 3, 2004 TO: CATHERINE F. SWEENEY 920 HAMILTON STREET CARLISLE, P A 17013 "THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY" Your house (real estate) at, 920 HAMILTON STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs 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$107,716.04 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 Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payml~nts, 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 on~:, 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. Ifthe Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale ifthe bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only ifthe buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. Ifthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share ofthe money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7, You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 LEGAL DESCRIPTION ALL THAT CF.RT^lN lot of gmulKl with the improvemelllS Ihereon crcctl:d. situalC: in North Middle<<l11 Township. Cumberllll111 CooIUy, Permsylv~ia, more particularly boUllded lIIId described 8!:cording to .survey IIIlIde Febl'lllUY 6, 1969, by TbomBll A, Neff, Registered Surveyor, as follOM: BOOINNING at a slake on the northml line of Ramiltnn Street (60 ftlet wide) which smk~ is situ<lted SOllth sixty-lhtee (63) degrees West, four huDdrcd thirteen (4l3) feet from the wcstcm line of LoR. 21083; tl1encc by lhe .oonbcnJ line: of Hamilton Street, SO\IdI sixty-three (63) degrees Wesl, ~cnty-five anti no ol'lC-lIW1drcddlR (7S,oo) feet to a slllke; lherJce by a lilll! of property now or formerly of Marshall Sutton, Nor!h tWcnty-8~tm (27) degrees Wll5l, two hundred and no one-hlllldredth.1 (200.00) feel to an iron pipe; lhence by Let Nn. 48 on the bereil!after mentioned plan, North sixty-three (63) degrees East. seventy.five and 00 one-bundrallhll (7~1.00) feel to an irnn pin; I.bence by lot now or formerly of Andrew C. Keeley, South twllDty-seVllD (27) de8rccs cast, two hundred ana no one-hUlld.rcdths (WO.OO) feet to !he place of Beginning. 8F.lNG f.ol No. 34 on the certain "Plan of Additional Lots of Greenva!e' lIlIid plan of lolll being entered of record in the Office of the RecooJtr of Decda at Cm1iale, Penlll,"ylvllDla, in Plan lIOok 6, P'dge 40, Being known as 9W Hamilton Street. Carlisle, Pennsylvania. TITLE 1U SAID PREMISES IS ~ED IN C:alhcrine F. Sweeney, a IIIlIrricd persoil by rcll$(ln of the fllJltJWing: BEING TIlE SAME PREMISES whicb Patrick 1. McGlyon. Jr. and 8wi Kui McGlynn, ~uaband IIlId wife by Deed dated 8/12/1996 and recorded on 8J12119ll6 in the County of Cumberland in Deed Ilook 144, Page 36 conveyed unto Harry L. Sweeney and Catherine F. Sweeney, huKband and wife AND BEING TIlE SAME PREMISES which Harry L, sweeoeyand Cathel'ine F. Swetmey, Iluiibftnd and wife by Deed dated Snll999 and recorded on 5113/1999 in tile County of Cumberfand in Deed Book 199, Page 423 conyeyed UIllO Catherine F. Sweeney, a married person. PROPERTY ADDRESS: 920 HAMILTON STREET, CARLISLE, PA 17013 TAX PARCEL: # 19-1639-060 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-163 Civil 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 CATHERINE F. SWEENEY (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 gamishee(s) that: (a) an attachment has been issued; (b) the gamishee(s) is eluoined from paying any debt to or for the account of the defendant (s) and from delivering any property oflhe defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the po;session of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $107,716.04 L.L. $.50 Interest FROM 2/26/04 TO 6/9/04 (PER DIEM - $17,71) - $1,841.84 AND COSTS Atty's Conun % Due Prothy $1.00 Atty Paid $113.45 Other Costs Plaintiff Paid Date: MARCH 5, 2004 CURTIS R, LONG (Seal) Prothono~ Vy: U4n~".P.7?l~ Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F, KENNEDY BOULEVARD, SUITE 1400 PIDLADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court 1D No, 12248 Real Estate Sale #62 On March 09,2004 the sherifflevied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, P A Known and numbered as 920 Hamilton St. , Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein, Date: March 09,2004 I ( .' By: )C,C(,(,Vvu-1 (,1 Real Estate Deputy ~ -~ --...v J J ~j ," ~b'~ . , 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 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 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~ Sundav 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 office for the Recording of Deeds in and for said County of D/lu I in iscellaneous Book "M", Volume 14. Page 317, PUBLICATION COPY SALE#62 Sworn to and subs ed befo ~iS 28th day, f M~004 AD, I NOTARJAl.SEAl ~.,/, h-;~~/~ ler L Russell. Notary Pub/I {.4/ 1f'Lt-~ oty 01 Harrisburg. Dauphin Caun NARY PUBLIC My Commission expires June 6. 2006 ,. . t.i.mbor.P.nn.ylv.n1......o'I.llonoINolariMl commiSSion expires June 6, 2006 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 $ 347,89 Publisher's Receipt for Advertising Cost The Patriot News Co,. publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and pUblication costs and certifies that the same have been duly paid, By..."...,..."...,....,.."....,...".",...,........,...,...,...,.. SAL.E No. 62 REA~;~T:~~2004_'63 Civil Ter~a ClllcOlp Clllmortgege, InsJb}C" m 10 Flral Mortgage C Nationwide Mortgage Olp, Va Cathell',! F, Sweeney Ally: Frn Federmen . DESCIPTION ALL THAT CERTAIN lot of ~ound. with the improvements thereon erected, sItuate In North Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described ae-cording to survey made. February 6, 1969, by Thomas A. Neff. Registered Surveyor, as follows: BEGINNING at a stake on the northern line of Hamilton Street (60 feet Wide) which stake is situated South sixty.three (63) degrees Wes~ four hundred thlrteen (413) feet from the Westem lineofL.R. 21083;4~encebYthenorthemlineof Hamilton Street, SOuih sixty-three (63) degrees West, seventy-five and no one.hundredths (75.00) feet to a stake; thence by a 'ine of property now or formerly of Marshall Sutton, North twenty-seven (27) degrees West, two hundred and nO'one_ hundredths (200.00) feet to an iron pipe; thence by Lot No. 48 on the hereinafter mentioned plan, North sixty-three (63) degrees East, seventy-five and no one-hundredths (75.00) feet to an iron pin; !hence by lot now or formerly of Andrew C. Keeley, South twenty-seven (27) degrees east, two hundred and no one-hundr.edths (200.00) feet to the pl,ce of BEGINNING. BEING Lot No. 34 on the certain IPlan of Additional Lots of GfeenvaJei said plan of lots being entered of tecord in the Office of the RecOrder of Deeds at Carlisle, Pennsylvania, in 11m BOOk 6, Page 40. Being known as 920 Hanulton Stree~ CarliSle, PennsYlvania. 1TrLB TO SAID premises is Vested in .~e F. Sweeney, a married person, by 1iIe:on~tbefollowing: BEING THE same premises which Patrick 1. MQrnn, Jr. and Hwi KUI McGlynn, husband iIbd Wife, by Deed dated 8/12/1996 and recorded ."'211996 in the County of Cumberland in l:1atdBook 144, Page 36 conveYed Unto Harry 1. ~andCatherineF..'~ur"""d"'_ . Iiifi'A of eumbedsnd snd Stare of particularly described ill the Deed otli"forreconJjngof~jD Page 157, snd otherwilO kDoWD Stree\ LeJnoyI1<. PA 17043, doscribed as Iollows,lo wit: BEGINNlNG at a ofW~tonStreetthn:i eigbt.ten!hs (337,8) f direction from Ros thence southw Rossmoyne S iron pin; formerly of Street sixty northwardl bundted side of SOU point HI' and Pennsyl B Saylor, andreeo \28, Pag. McCracken And the ,aid dayof~ wife, Ruth H. by virtUe of ~ati.onoflaw. thornsido nand od . westerly Street (-.d Street); alOl}B a line rallet with o bBJJd,ed (2l.foet to an estwardly along:J1d: now or L,Strayerpatallof~W~ton ) feet to an iron 'pin; thence ong said Ouy L. Strayerls land two ~ feet to an iron pin on the southern n Street; thence eastwardly ~ong the of Walton Street sb.ty (OO) feet to a ofBEGJNNlNG. G thereOn er<><tOI a dwelling !mown ~ 't3s'waf)n Street, Lemoyne, the .ant. ptt!imeo whicb Esther E, ,by"~ _ MalCb 2\, \979. cumberland CountY ReconI Boo' to! and coiNeYod to l'hilip p, Ruth H. McCra<ken- bI. wile 'p p, McCn\Cken diol the - ,leaving to survive him his in whom utle vested of suMVorihip under tAS propertY is a purcl\lS8l'. . price or .,aybe , 'A PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No, 587, approved May 16, 1929), p, L.1784 STATE 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: 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, B2 '\/1 ~ Wrtt No. 2004,163 Clvtl - {L Citirnortgage, Ine, d/b/a Cltieorp i~a Marie Coyne, ~ Mortgage s/h/m to First Nationwide Mortgage Corporation TO AND SUBSCRIBED before me this VB. Catherine F. Sweeney 30 day of APRIL 2004 Atty.: Frank Federman LEGAL DESCRIPTION I ALL THAT CERTAIN 101 of ground ! with the improvements thereon erect- : ed, situate in North Middleton Town. . ship, Cumberland County, pennsyl- . vania, more particularly bounded and described according to survey made February 6, 1969. by Tho- mas A. Neff, Registered Surveyor, as follows: BEGINNING at a stake on the northern line of Hamilton Street (60 feet wide) which stake is situated South sixty-three (63) degrees West, four hundred thirteen (413) feet from the western line ofL.R. 21083; HH"nrF' J1V thp nnrt'hprn_.line__c.f ~--< ~.J L. In-l.ld ht/ l\Tnt~, (/ NOTARiAl SEAL LOIS E. SNYDER, Notary Public Carlisle Bora, Cumberland County My Commission Expires March 5, 2005 ~ ",.-,'",---. "_.'1~_"'~_'_ _ LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground 'With the improvements thereon erect- ed, situate in North Middleton Town- ship, Cumberland County, Pennsyl- vania. more particularly bounded and described according to survey made February 6. 1969. by Tho- mas A. Neff, Registered Surveyor, as follows: BEGINNING at a stake on the northern line of Hamilton Street (60 feet wide) which stake is situated South sixty-three (53) degrees West, four hundred thirteen (413) feet from the western line ofL.R. 21083; thence by the northe:-n line of Hamilton Street. South sixty-three {63) degrees West, seventy-five and no one-hundredths (75.00) feet to a stake; thence by a line of property now or formerly of Marshall Sutton, North twenty-seven (27) degrees West. two hundred and no one- hundredths (200.00) feet to an iron pipe: thence by Lot No. 48 on the hereinafter mentioned plan. North sixty-three (63) degrees East, seven- ~u~~1. dn1jQ N~A~~;X SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission ExpireB March 5, 20 ty-five and no one-hundredths (75.00) feet ta an iron pin: thence by lot now or formerly of Andrew C. Keeley. South twenty-seven (27) degrees east, two hundred and no one-hundredths (200.00) feet to the place of Beginning. BEING Lot No, 34 on the certain ~Plan of Additional Lots of Greenvale" said plan of lots being entered of record in the Office of the Recorder of Deeds at Carlisle, Pennsylvania. in Plan Book 6, Page 40, Being known as 920 Hamilton Street, Car- lisle, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Catherine F. Sweeney, a married person by reason of the following: BEING THE SAME PREMISES which Patrick J. McGlynn, Jr. and Hwi Kul McGlyrm, husband and wife by deed dated 8/12/1996 and re, corded on 8/12/1996 in the County of Cumberland in Deed Book 144. Page 36 conveyed unto Harry L. Sweeney and Catherine F. Sweeney, husband and wife. AND BEING THE SAME PREM- ISES which Harry L. Sweeney and Catherine F. Sweeney, husband and wife by deed dated 5/7/1999 and recorded on 5/13/1999 in the County of Cumberland in Deed Book 199. Page 423 conveyed unto Catherine F. Sweeney. a married person. PROPER1Y ADDRESS: 920 Ham- titan Street. Carlisle. PA 17013. TAX PARCEL: # 19-1639-06D. AFFIDAVIT OF SERVICE PLAINTIFF CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION CUMBERLAND COUNTY SMC No.. 2004-00163 ACCT, #1601261 DEFENDANT(S) CATHERINE F. SWEENEY Type af Actian - Natice af Sheriff's Sale SERVE CATHERINE F. SWEENEY AT 920 HAMILTON STREET CARLISLE, PA 17013 Sale Date: DECEMBER 7, 2005 SERVED ~ Served and made known to ~~e.""'" "''l. F. S'we el).l ~ defendant, on the .:2. ) dayof A-"S'usf- , 200~ at ;;"J/, o'clock..{m., at 1~ () //~IA<; /J.,oJ SJ-j COla:. ~ ~ ,Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. I r ~AdUlt family member with whom Defendant(s) reside(s). Name and Relationship is Co - \.toOl b; ~..};:- Adult in charge of Defendant(s)'s residence who refused to give name or relationship, Da ~ , .... \ ~to.l \::. (> ~ Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: , I' -ror1/..o .. ,., <: \"'.,~ Description: Age ~D Height ;'('0 Weight /5?J Race~Sexl1.... Other '5t...I\~ 13......... I, ("\po.....".. L. Q.c..~ ~'a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the ol1ce of ShenfI's Sale m the manner as set forth herem, Issued In the captIOned case on the date and at the address indicated above. NOTARW.8I:AL S t d b "b d WCtIJ.E H. CARTY. worn 0 an SU;ZI e . Ft befo me this ..I~ ,~My of II.... ,00!2""" I /J Notary: ~ By: PLEASE ATTEMPT SE~T LEAST TIMES. I ES OF SERVICE A'IfEr.1PTED. NOT SERVED On the day of , 200_. at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: / / Time: 2nd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200_. Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D, No. 62205 PMB Olt i z:! Zl.: :F!~:- :oS: 1,.- '._ Co c: "-> = = en 7'::r' C::: G) 1'0 ...0 ;';'- -< ,-..'"'" :.;'i:: o -n ...... ffi~ "oh1 ~'Jy :~~? i~_-h de) ()rr:. .,",,1 'to> ;~ c:,-, c:::> .;;::- - (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE SIB/M TO FIRST NATIONWIDE MORTGAGE CORPORATION Plaintiff, No. 2004-00163 v, CATHERINE F, SWEENEY Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Anlount Due $107,716.04 Interest from 2/26/04 to DECEMBER 7, 2005 (per diem ,$17.71) $ 11,511.50 and Costs TOTAL $119,227.54 ff~Jj~~ DANIEL G. SCHMIEG, ES IRE 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. 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. '" .... a r-- .... ~ ~ ~ ~ z U ~ ~ S ~ ~~ -ci ... ~ t- v ~... ~..."" ~ It, ~ \i<l.'""' ""... <J> '""'~ ~'a." ~ ;1;"" ~ v ""e, ,I:J ~z U...-'t ~ ..o!!'; ... " ~ ...0 ~~ ~~~S O~ ~ e ~~. ~~ ~ <J> ~~O... Ii 'Q r-~~ .;, Ft O~ U~ ... "" ~~ ~ Po U';l Ztn""O ~ ~~ a v ....""e ~ .... 'Q "'0 a~ a-. ;::. Ou ~~~ 0 ~ ",,6 '7 ~~ -'t"~U ~ ~ VA ';l~ "...... v ----- ....i:t.... U U .a .a ~. 8~ r:e.o:.t l -d v <!. O~Z .- ~ .~ ~\i<l. \.l-< ~ '" ...~ ~ Jl ~';l U U ,.- C'l i"~ -+-rJ-j ~ - 1:0- ~ - ~ ~- .:5 ---' -+p2 ~ - ->5L ~ - t..n .' , :::r Y' -- - ;.:~~:rt q- ::. ~ (j -- :: (9 U) .- '" 'd;{ ~ .-".:J -;j ~ ->: :: :::r- -.!l G:~;l - . 7- \ :::r ,."...-- ..;;;> {I:.[! qc' -- I. ..'._ p-"---; \ \ (J 00: '.,c ,,~? IJ- ~o- <..::> .<\(i> 0 0 :J r'l (j l1 & feyJ ~ ';>:.)... () L') ~ -~ 0 0 . ~ ~ -) a :r ::r 0) l.Ji -- c.) '6 ~ '0 uj ci tn 0 ~ 1.J) - 0- t/) - <J -- ('<) l::- ~ '6t ~ 'W... - ------------- DESCRIPTION ALL TRA T CERTAIN lot of ground with the imprDVemenlS thereon erected, situate in Nann Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described according to survey made February 6, 1969, by Thoma.q A. Neff, Registered :''urveyor, a.s follows: BBGINNING at a stake on the nonhero line of Hamilton Street (60 feet wide) which stake is situated South sixty,three (63) degrees West, four hundred tl1irteen (413) feer from the western line of L.R. 21083; thence by the northern line of Hamilton Street, SoUth sixty-th= (63) deb'l'eeS West. seventy-five and no one-hundredU.. (15.00) feel ro a stake; tbence by n line of proptrty now or formerly of Marshall Sutton, NorrlllWenly-seven (27) degrees West, two hundred amI no one-buooredths (20(J.(Xl) feet to an iron pipe; thence by Lot No. 48 on the hereinafter mentioned plan, Nortb sixty-lbree (63) degrees East, scyenty-five and no one-hundredths (75,00) feet to an iron pin; thence by lot now or formerly of Andrew C, Keeley, South twenty-seven (27) degrces east, two bundred and no one,hwldrcdths (200 ,00) feet 10 the plllee of &ginlling. REING Lot N". 34 on the certain 'Plan of Additional Ult< of Green...,...!e' liajd plan of lots hcing entered of record in the Office of the Recorder of Deeds at Carlisle, Pennsylvania, in Plan Book 6, Page 40. Being known as 920 Hamilton Slreet. Carlisle. Pennsylvania. Tax Pet.:cl #19-]639.060 RECORD OWNER TITLE 1'0 SAID PREMISES IS VESTED IN Catherine F. Sweeney, a married person by reason of the following: BErNG TIlE SAME PREMISES which Patrick J. McGlynn, Jr. and Hwi Kui McGlynn, husband and wife by ~ed dated 8/12119% and recorded on 8/12/1996 in the County of Cumberland in Dccd Book 144, Page 36 conveyed Wlto Harry L. Sw<:eney and Catherine F, Sweeney, husband and wife AND BEING TIlE SAME PREMISES which Harry L. Sweeney and Catherine F. Sw~ney, husband and wife by Deed dated S/7ll m and recurded un 5/13/1999 in lhe County of Cumherland in Deed Book 199, Page 423 cunveyed unto Calherine F. Sweeney, a married person. PREMISES BEING: 920 HAMILTON STREET, CARLISLE, P A 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-163 Civil 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 CATHERINE F. SWEENEY (I) 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 hirnlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $107,716.04 L.L. Interest FROM 2/26/04 TO 12/7/05 (PER DIEM - $17,71) -- $11,511.50 AND COSTS Atty's Connn % Due Prothy $1.00 Arty Paid $1005.39 Plaintiff Paid Date: AUGUST 16, 2005 Other Costs (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, 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. 62205 PHELAN HALLINAN AND 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 ATTORNEY FOR PLAINTIFF CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 2004-00163 CATHERINE F. SWEENEY Defendant(s). 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: o 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. jJ~1J~ DANIEL G. SCHMIEG, E DIRE Attorney for Plaintiff ~ """ <OJ' 'P" C::. G"'J - CS' &: ~~- '.- \'~-~ -7 :.(~ ~ -' :r;---r< rt1r: -"'6 ~~j ~( g~!. --T t. _~.41 (')~ '~::~ o ,C-I "[: s:J '4 ~. - - - c- (,,:) CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION CATHERINE F. SWEENEY NO. 2004-00163 Defendant(s). 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, 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 .920 HAMIL TON STREET. CARLISLE. PAl 7013 . 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CATHERINE F. SWEENEY 920 HAMILTON STREET CARLISLE, P A 17013 2. Name and address ofDefendant(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) FIRST NATIONWIDE MORTGAGE CORPORATION 5280 CORPORATE DRIVE FREDERICK, MD 21703 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MEMBERS 1 ST FEDERAL CREDIT UNION 5000 LOUISE DRIVE MECHANICS BURG, PA 17055 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 920 HAMILTON 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 Harrishurg, 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 ofl8 Pa, C,S, Sec. 4904 relating to unsworn falsification to authorities, August 11. 2005 DATE JY~JL~~ DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff ---------- C? ~, ~.,..\\ ..::~'l ,.- \,.>-~ : ~ 'f]. ,.,: c_ G' -- 0' ( ( ~-:'" ';"" ,-; ....,. q, ~,-o (n~. -r'}'O -n \... D'~4.i =--"2, -'I} i) -C' '...... ."\ u.~_ t. .,~,?-\ -c!:i ~ ""C."" ';..-"'~~ -" .- .- .' ~ "" - ClTIMORTGAGE, INC., D/ll/A CITICORP MORTGAGE S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY No. 2004-00163 v. CATHERINE F. SWEENEY Defendant(s). August II, 2005 TO: CATHERINE F. SWEENEY 920 HAMILTON STREET CARLISLE, P A 17013 **THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORM A TION OBTAINED WILL BE USED FOR THA T PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED. THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at, 920 HAMILTON STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on DECEMBER 7, 2005 at 10:00 a,m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $1 07,7I 6.04 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 MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. 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 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 ifthe sale never happened, 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6, You may be entitled to a share ofthe money which was paid for your house, A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed, 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 Sheriffs 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, PAl 7013 DESCRIPTION All. THAT CERTAIN lot of ground with the improvements thercon erected, situate in Nortb MlddlcLOn Township, Cumberland County, Pennsylvania, more particularly bounded and described according to ""vey made February 6, 1969, by 'nloma~ A. Neff, Registered Surveyor, a~ follows: BEGINNING at a stake on the nonhem line of Hamilton Street (60 feet wide) which stake is situated South sixty-three (63) degrees West, four hundred thirteen (413) feet from the western line of L.R. 21083; thellee by the northern line of Hamilton Streel, Soud} sixty-thlU (63) degrees Wesl, sevenl)',five and no otIC-hundredtlt, (75.00) feet to a stake; thence by n line nf property now or formerly of Marshall SUllon, Nordltwenty-sewn (27) degrees West, two hundred and no one-hundredths (200,00) feetlu an iron pipe; thence by Lot Nn. 48 on the hereinafter menrinned plan, North .ixty,tbree (63) degrees Bast, seventy-five and no une-hundredths (75.00) feet to an iron pin; thence by Jot now or formerly of Andrew C. Keeley, South tweuty-seven (27) degrees east. two hundred and no one-hundredth, (200 .00) feel 10 the place of Beginning. BEING Lot No. 34 on the certain "Plan of Additional Lot' of Greeny-.de" .aid plan oflot. being entered of record in the Office of the Recorder of Deed, at CarlisJe, Pennsylvania, in Plan Book 6, Page 40. Being known as 920 Hamilton Street, Carlisle, Pennsylvania. Tax Parcel # 19. J 639.060 REC'ORD OWNER TITLE TO SAID PREMISES IS VESTED IN Catherine.... Sweeney. a married person by reason of tire follvwing: BEING TIlE SAME PREMISES which Patrick J. McGlynn. Jr. and Hwi Kui McGlynn, husband and wife by Deoo dated 8/12/1996 and recorded on 8/1211996 in the Counly of Cumberland in Deed Book 144, Page 36 conveyed unto Harry L. Sweeney and Catheri~ F, Sweeney, hmband and wife AND BEING TIlE SAME PREMISES which Harry L. Sweeney and Catherine F. Swel:ney, husband and wife by Deed dated 5/7/1999 and recorded on 5/1311999 in lhe County of Cumhcrland in Deed Book 199, Page 423 conveyed unto Catherine F. Sweeney, a married person. PREMISES BEING: 920 HAMILTON STREET, CARLISLE, P A 17013 Q Cw '2~^ '-C'1~'" ' l'\";1 '- '"" "'" f}. 'l"?;. L..'''' G") -- 0' -,OJ:' -' \~~; 't~: >-. r;l~ ~ . - q, ~e~ -r:jIO ....}) \ <-:\9, :'-c -'.J ;~~ ('{, .,.-:-f o ,4 -,:;; ~!.! - .;;:':~'. -' -- .- .' .,;- <.,oJ ------------- SALE DATE: DECEMBER 7. 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION No.: 2004-00163 VS. CATHERINE F. SWEENEY 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: 920 HAMILTON STREET. CARLISLE. PA 17013. As required by Pa. R.C.P. 3l29.2(a) Notice of Sale has been given in the manner required by Pa, R,C,P, 3l29,2(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 ofthe Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U,S, Postal Service is attached for each notice. November I, 2005 CUMBERLAND COUNTY CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE S/BIM TO FIRST NATIONWIDE MORTGAGE CORPORATION No.: 2004-00163 vs. CATHERINE F. SWEENEY AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.2) Plaintiff in the above action, by its attorney, DANIEL SCHMIEG, Esquire, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 920 HAMILTON STREET, CARLISLE, PA 17013: 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) LAURA B. CARBAUGH 1 ENOLA ROAD NEWBURG, PA 17204-9204 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) 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) None. 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 t sworn falsification to authorities. November 1,2005 CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION CATHERINE F. SWEENEY NO. 2004-00163 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE SIBIM TO FIRST NATIONWIDE MORTGAGE CORPORATION, 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 ,920 HAMIL TON STREET. CARLISLE, PA 17013. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CATHERINE F. SWEENEY 920 HAMILTON STREET CARLISLE, PA I7013 2. Name and address ofDefendant(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) FIRST NATIONWIDE MORTGAGE CORPORATION 5280 CORPORATE DRIVE FREDERICK, MD 21703 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) MEMBERS 1 ST FEDERAL CREDIT UNION 5000 LOUISE DRIVE MECHANICS BURG, P A 17055 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 920 HAMILTON STREET CARLISLE, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 171 05 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 11. 2005 DATE JY~JL~~ DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff "i?'~ g~ ...... '" z V'l .p.. W ~.':: ~~ ~g, \(' o ~ g "'.., () gO 2. e!. >- ~ z -l ~o I ". ;?[ ,,0 ~ 0'" ~i' oa :'" V> ~ @ -< moo ,a& -g V> ~8: 3:: -!!-J' () jl' i 0 g " ~ S'. 0 ~ (g~~ S-;1 <=> 82'. ~ (II ~~n~'i:!' ..0=,_0;:;:; ::~~~g. ~ ~ ~.2!!. ~ g' ~. g. ~ ">C E 0 g o' ws....O::l _ _.VI-..... 0 g'g.8g~ ~".oil .. a 9 0("0 c: _..... oll"r ~ g,~-a g.~ a~ ~~.g g,,~~g[ ~ li\"g 3 0 ~i18g~ ~'<=>;i&': ;;: . 8 ~ 5 ~ g>f!3"1l ... ::0. t:1 g. ~,E.g g; ~ a Vi Q.. ... -. '" ::; 8..g.~R . ~ !C ~ .0.. o. r'~'?i 0 Y; "CI E ; s~ li ~ ~.~a.g. ,.(i";i~ o 0 ~ ... -g.l:I g &. g~~8 ~ 1:l <> ~. a'~ g.~ ,,<:~o ~ e:", 3 83P Vl ~ <> :I' g <> '" ,:: ..' 9 ~iL:;"ei" 3 t;;. OJ> Q.. 009'" i'l.' g ~ n ~ oQ' ,,;~ 8-0 ~n ~.., ~("O...~ ",'-0':1: -.0 [. g 8' - N - - - o -.l '" '-" ... v.> '-" 00 N t'" S' " ~~~ W~a " " " ~~ll' " " .. "" ~ ~ ~ ~ ~ .. ~ ~~~:3 ~-l~m g.~a'~ -g:gg~ -. 0 .?':-'1,,2' ;<;~~~ - 5;: t::j \0 (tl <'"'to 'L., _o..r:.n""-, 0'< c e- If td c:r 'L-, _OC~ OO~& :;;;:~~ ~e;~'" do .?- l'},o ~ ., 0 " ",,, (') ~. :5" 0 "" - . ~;g; ~ \0 0 r' CO ~~~I'OS1--9q. f II.': .::a!-. - ~ - ":)~~"'"f1i'(."~ 02 1A $ OO.900 0004,09825 celIS 2005 MAltED fRONl ZIP COD~ 1 9 1 03 )> ;:I. C;' co z c 3 1 ., ~ fO () ~ ~ 6 ,;:r: z . . o o ;; ~ ~ a ~ - ~ ?l >- es ~ ~ ~ "" >- ::; N o ... ~ N o ... o a ~ ~ m II ---------------/ o,,'Z . t;:' ....~e (/Ja- "'.., v- ... v.> "'" .... ~ ~ t'tl t'tl .... "" ...) ao _ 0 - - .... .... -0 o.*~ ~~ - ... v.> t--' - 0 - % v- ~ ~ ~\ ~. P-_ % ::2s., , z c: %- to ~ -z ",,-g"" ~ ~~ B d % ~~~~ ~ "---->",,r ~';$ 0 \ "" p.~ ~.. ~ ~ ;~ t\ t ,%-~%?z. ,<' ..z ~\ \ ~ rl .. ~~g~ .. ~O ~ (\ ~ "'" if> ~ ~ ",,',1'\\? ~ 0 .... o 0 '" '", ?%~\i -~ ':". ~~ r, o~ ~ . - <;? \II. :n '" ~ . . - 'tl " "''''''?z. ~ g~ :l' 0 i. o[Z g.. ; ~ 7- .. 'ftO"" ; ~ '-0 .." if> ~ ~ocr~ ,- ~ ~ 0 'P-%'~ ~ 1''<5 ~ ",~",,,, ~\ ~ . ~ \ ~?-~t ~~ 0 Q. ~. ~ ., @ if> ",t=': '<: ~ " lfl 5'~ r, ~ o ~ } tr\ g~ Q ~ . '{9. ;~ O~ 0, 0 .. '" 0 'C;;if> ~ -0- r' .. 'f "... . 'Z ~~ % ., <::> r' ~ v- \ <::> ~ 0 9. g ~~ ~ - . ~ S ~O ~ C .~ ~ 0 ~ " Vi .... '" v.> d or ~ z ~ 0'" 0 ~~~~1I ~ '~ :<\ ~ 9< l''i ~ Srl ~ "'lI~o'" ~ <.0 '6;l """ ~ .... '" ~ ,;r\~ ...) l % .. 0 ~ , a.j;\ ~ ~ - ffl ,..: g tt. '" v.> 0 t)~;?,CI g ~ .." ~ .-"s.'t.\'?. 0 'O'~8 <. ..... to H'~'8~. lJ, ~ St -0 p:.'P ~ sn ~ g.~ ~ ~2, '" l---' il\~ ~w B '!l ~ s,g''9. p.. 9' ;" gv;~~% .." ~ \ 0 ~n~~~ '" ~ ,<\'gll~ \ - ~ ...) 6'?,ll' 0 ~ ,-;,,; v- B r "' .~ ~ v- ~ ~. ;:l, p.. sn ~ ~~: l---' .." 2..%:.~'@: .... 9' '" e~~~ ...) - "J~g s .." ...) '",.Q 'i '" 0 ..... ~~ ~ 'a v.> ~.t-~~; \ l,?,"~-a: ,ggS%. ~$\l. ::,.a o.? ?,"'~ O16rQ6502229 ~.1<.. . ~~'€;a .~., ... $ o'\.50~ *~ ~. '" o \l' :;., %: ~ ~ ~'$. tll 081Ul2005 g\d ~ ~iled frOnl 19~a3 l ~1 us POSi"GE - . ~tl>.~ ~ ~ ~'5' t f\>'"' I'J roJ ...., ~.-~ ~l (J " ...., :T::n n1F- -~,.,.... ~"'" cS ,",.\,~- o :;";c,:..' "..~}(~ '-,'J roo (~) ,.." rIl --' ';:-1 > " -< COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Fannie Mae is the grantee the same having been sold to said grantee on the 7th day ofDed A.D., 2005, under and by virtue ofa writ Execution issued on the 16th day of Aug, A,D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2004 Number 163, at the suit ofCitimortgage Inc dba Citicorp Mtg against Catherine F Sweeney is duly recorded in Sheriffs Deed Book No. 272, Page 3141. IN TESTIMONY WHEREOF, I h:l hereunto set my hand an seal of said office this J day of ecorder of Deeds . ~c;:oumy,CoItIIIe, "" ExpIroo the Fhl MondiIy of Jon._ ,""",,, Citimortgage, Inc, d/b/a Citicorp Mortgage slb/m to First Nationwide Mortgage Corp, VS Catherine F. Sweeney The Court of Common Pleas of Cumberland County, Pennsylvania Writ No, 2004-163 Civil Term Cpl. Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on September 15,2005 at 9:10 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Catherine F. Sweeney, by making known unto Catherine Sweeney, personally, at 920 Hamilton Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on October 11,2005 at 3:12 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 of Catherine Sweeney located at 920 Hamilton Street, Carlisle, 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: Catherine Sweeney, by regular mail to her last known address of 920 Hamilton Street, Carlisle, P A 17013. This letter was mailed under the date of October 06, 2005 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 December 7,2005 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg for Fannie Mae. It being the highest bid and best price received for the same, Fannie Mae of 1900 Market Street, Suite 800, Philadelphia, PA 19103, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$I,180.75. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage $30,00 23.15 15.00 15,00 30,00n10.00 .50 1.00 8.80 Certified Mail Levy Surcharge Postage Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 13.26 15.00 20.00 .74 497.00 415.91 20.89 25.00 39.50 $ 1,180.75 Sworn and subscribed to before me '\ This /'1 ~ day of< ' 2006, AD, ?~~ . R. Thomas Kline, Sheriff BY JO~ ,VVLJJ, Real Estate Sergeant Cv "I, I -"<'/'-0 IS " ,,t>>A (V'~ Ue. ~,.:I3'jJ if'ev /1ob'/{, eITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE S/BrM TO FIRST NATIONWIDE MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION CATHERINE F. SWEENEY NO. 2004-00163 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) CITIMORTGAGE, INC., D/BrA CITICORP MORTGAGE srBrM TO FIRST NATIONWIDE MORTGAGE CORPORATION, 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 ,920 HAMIL TON STREET, CARLISLE, PA 17013 , I, Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CATHERINE F. SWEENEY 920 HAMILTON 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) FIRST NATIONWIDE MORTGAGE CORPORATION 5280 CORPORATE DRIVE FREDERICK, MD 21703 4. Name and address of last recorded holder of every mortgage of record: Namc Last Known Address (if address cannot be reasonably ascertained, please indicate) MEMBERS I ST FEDERAL CREDIT UNION 5000 LOUISE DRlVE MECHANICSBURG, PA 17055 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 920 HAMILTON 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. August 11,2005 DATE :fT~~-xf~ DANIEL G, SCHMIEG, QUIRE Attorney for Plaintiff ]'^,- \..,' J , i'~ ., f':") ~), ':" i"i , " CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY No. 2004-00163 v, CATHERINE F. SWEENEY Defendant(s). August 11,2005 TO: CATHERINE F. SWEENEY 920 HAMILTON STREET CARLISLE, PA 17013 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at. 920 HAMILTON STREET. CARLISLE. PA 17013, is scheduled to be sold at the Sheriffs Sale on DECEMBER 7. 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of$107.716.04 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 Sheriffs Sale, you must take immediate action: I. 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 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 ifthis has happened, you may call (717) 240-6390, 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5 , You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house, A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days ofthe sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed, 7, You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IFYOU 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 ~ ALL TRA T CERTAIN lot of ground with the improvements thereon erected, situate in North MiddlelOn Township, Cumberland County, Pennsylyania, more particularly bounded and described according to survey made February 6, 1969, by 'n,oma~ /I.. Neff, Registered Surveyor, a' follows: BEGINNING at a stake on the northern line of Hamiltoo Street (60 feel wide) which ,take is siruatw South sixty,tbree (63) degrees West, four hundred thirteen (413) feet From thc western line of L.R. 21083: thence by tl,e northcro line of Hamilton Street, SOUdl sixty.three (63) deb'!e"' West, sevcnl)',five and no OM-hundredths (75.00) feet 10 a stake: thence by a line of property now or formerly of Marshall Sutlon, North twenty-seven (27) degrees West, two hUlIDl'l,d and no one-hundredths (200.00) feel to all iron pipe; thence by LoI No, 48 on the hereinafter mention<:d plan, North sixty-three (63) degrees Easl, seventy-five and no one-hundredths (75.00) feel to an iron pin; thence by lot now or fonnerly of Andrcw C. Keele)', South Iwenty-seven (27) degrces east, two hundred and no ollc,hundJ'cdtl1S (200.00) feet 10 the place of Beginning. REING Lot No. 34 on the certain "Plan of Additional Lots of GreenY'ale" "aid plan ofIots being entereu of record in tlle Office of the Recorder of Deeds at Carlisle, Pennsylvania, in Plan Book 6, Page 40. Being known as 920 Hamilton Street, Carlisle, Pennsylyania, Tax Parcel # 19.] 639.060 RECORD UWNER 'nTLE TO SAID PREMISES IS VESTED lN Catherine]-l, Sweeney, a married person by reason of the following: BEING TIlE SAME PREMISES which Patrick J. McGlynn, Jr. and Hwi Kui McGlynn, husband and wife by Deed Ilalet.! 811211996 and recorded on 8/1211996 in the Cuunly of Cumberland in Dccd Book 144, Page 36 conveyed unto Harry L. Sw~ney ant.! Catherine F. Sweeney, hmband ann wife AND BEING TIlE SAME PREMISES which Harry L. Sweeney and Catherine F. Swe~n~y. husband and wire by Deed dated 51711999 and recorded on 5/13/1999 in the County of Cumherland in Deed Book 199, Page 423 conveyed unto Catherine F. Sweeney, a married person. PREMISES BEING: 920 HAMILTON STREET, CARLISLE, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-163 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE SIB/M TO FIRST NATIONWIDE MORTGAGE CORPORATION, Plaintiff (s) From CATHERINE F. SWEENEY (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 $107,716.04 L.L. Interest FROM 2/26/04 TO 1217105 (PER DIEM - $17.71) -- $11,511.50 AND COSTS Atty's Cornm % Due Prothy $1.00 Ally Paid $1005,39 Plaintiff Paid Date: AUGUST 16, 2005 Other Costs / Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G, SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEY ARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court 1D No. 62205 ,I.' (...;I) c::v;) ~ (fi) uvo ! 1 P -=:: ?1 Real Estate Sale #02 On August 31,2005 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, P A Known and numbered as 920 Hamilton Street, Carlisle, more fully described on Exhibit "An filed with this writ and by this reference incorporated herein, Date: August 31, 2005 BY:\)cd~~tl1 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: October 14,21,28,2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 28 day of October, 2005 NoU'R\~FSE'AL' . ',0 E SNYDEF~. Notary Puhh,: If! 'p B'.!fC, Cumberland Count\! ''''''I"1IC.;W :'::~p!feS :'far:t\ i :!ooq I I" .,.- . ....,.,< ,~'"^<,,--- ,,~,._.-"'-'-' ,....-- REAL ESTATE SALE NO. 2 Writ No. 2004-163 Civil Citimortgage Inc., D/B/A Citicorp Mortgage S/B/M To First Nationwide Mortgage Corporation vs, Catherine F. Sweeney Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected. situate in North Middleton Township, Cumberland County. Pennsylvania. more particularly bounded and described according to survey made February 6. 1969. by 1110mas A. Neff. Registered Sur- veyor, as follows: BEGINNING at a stake on the northern line of Hamilton Street (60 feet wide) which stake is situated South sixty-three (63) degrees West, four hundred thirteen (413) feet from the western line of L.R. 21083; thence by the northern line of Hamilton Street, South sixty-three (63} degrees West. seventy-five and no one-hundredths (75.00) feet to a stake; thence by a line of property now or formerly of Marshall Sutton, North twenty-seven (27) degrees West, two hundred and no one-hun~ dredths (200.00) feet to an iron pipe: thence by Lot No. 48 on the hereinafter mentioned plan. North sixty-three (63) degrees East, sev- enty-five and no one-hundredths (75.00} feet to an iron pin; thence by lot now or formerly of Andrew C. Keeley, South twenty-seven (27) degrees east, two hundred and no one~hundredths (200.00) feet to the place of Beginning. BEING Lot No. 34 on the certain "Plan of Additlonal Lots of Greenvale" said plan of lots being entered of record in the Office of the Recorder of Deeds at Carlisle, Pennsylvania, in Plan Book 6, Page 40. Being known as 920 Hamilton Street. Carlisle, Pennsylvania. Tax Parcel # 19-1639-060. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Catherine F. Sweeney. a married person by reason of the following: BEING THE SAME PREMISES which Patrick J. McGlynn, Jr. and Hwi Kui McGlynn, husband and wife by Deed dated 8/12/1996 and re- corded on 8/12/1996 in the County of Cumberland in Deed Book 144, Page 36 conveyed unto Harry L. Sweeney and Catherine F. Sweeney. husband and wife. AND BEING THE SAME PREM, ISES which Harry L. Sweeney and Catherine F. Sweeney. husband and wife by Deed dated 5/7/1999 and recorded on 5/13/1999 in the County of Cumberland in Deed Book 199, Page 423 conveyed unto Catherine F. Sweeney. a married person. PREMISES BEING: 920 HAMIL' ; " THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} 55 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 contmuously 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 in the 25'" day(s) of October and the I" and 8'" day(s) of November 2005. 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 , ovember 2005 A.D. NOTARIAl. SEAL Terry L. Russell, Notary Puhlic City of Harrisburg, Dauphin County My Commission Expires June 6, 2006 Member, Pan sylvania cialiono!Nolaries / / /A!-~ ~ NOT Y PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA, 17013 REAL ESTATE SALE No. 02 Writ No. 2004-163 CMITenn Cltlmortgage Inc., d/b(a ClUcorp Mortgage sIbhn 10 First Nationwide Mortg_ CQrporstlon \ls Catherine F. Sweeney Ally: Daniel Schmieg DEScRIPllON AIL 1HAT CEKfAIN lot 01 ground with the improvements there-oo erected, situate in North Middletoo rownship, CumberlmuI County, Pennsylvania, more particularly bounded and described according to survey 0lBde I'ebru.ry 6. 1969, by Thomas A, Neff, Registered Sorvey..-,,, follows: ~.'''OII*''''''_. __(6Ilfoolwidel__is __IiJIy_(63l........_,fuur __(413)feet_lIIe_liDe 01 LR. 21083; theoce by the northern Iioe of Hamiltoo Street, South sixty _ (63) deg=; West. seventy five & no one-hundredths (75.00) &dlo. stake; thence by a line of property now or fcnDerIy of MmhalJ. Sutton, North twenty sevc:u (27) ........ West, lW!> bondred and DO __ _ (200JIO)leetto an iron pipe; theoce by Lot No. 48 on the hereinafter mentioned plan, North Sixty three (63) degrees East. Seventy five and no one-hundredtbs (75.00) feet to an iron pin; thence by lot now or formerly of Andrew C. Keeley, South twenty. sexen (27) degrees east, two hundred and no one-huOOredths (200.00) feet to the place ofBEG1NNING. BEING Lot No. 34 on the certain "Plan of Additional Llts of .Qreenvale" said plan of lots being entercd of record in the Office of the Recorder of Deeds at Carlisle. Pennsylvania, in Plan Book 6, Page 40. Being known as 920 Hami1too Street,Carfule,PA. Tax Parcel#19-1639-060. TI11..E TO SAID PREMISES is vested in Catherine F. Sweeney, a married person,by reason of the following: BEING THE SAME PREMISES which Patrick J. McGlynn, Ii'. and Hwi Kill McGlynn, husband and wife, by Deed dated 8/1211996 and recorded on 8112/1996 in the County of Cumberland in Deed Book 144, Page 36 conveyed unto Harry L. Sweeney and Catherine F. Sweeney, husband and wife. ., AND BEING mE SAME PREMISES which Harry L. Sweeney and Catherine F. Sweeney, husband and wife, by Deed dated 5ntl999 and recorded on 5/13/1999 in the County of Cumberland in Deed Book 199, Page 423 conveyed unto Catherine F. Sweeney, a married person. PREMISES BEING: 920 Hamilton Street, Carlisle,PA17013.