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HomeMy WebLinkAbout01-6453FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (2is) s~~-ono GE CAPITAL MORTGAGE SERVICES, INC. 5024 PARKWAY PLAZA BOULEVARD BUILDING 7/F/C CHARLOTTE, NC 28217-2407 Plaintiff v. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION TERM NO. aI - L~~ l~ LU~C, [ElL.Y~., SARA JANE CREELMAN 12 SHIRLEY LANE BOILING SPRINGS, PA 17007 Defendant(s) CUMBERLAND COUNTY **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. ** 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 maybe 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 0022099485/KXM 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. Plaintiff is GE CAPTI'AL MORTGAGE SERVICES, INC. 5024 PARKWAY PLAZA BOULEVARD BUILDING 7/F/C CHARLOTTE, NC 28217-2407 The name(s) and last known address(es) of the Defendant(s) are: SARA JANE CREELMAN 12 SHIRLEY LANE BOILING SPRINGS, PA 17007 who is the mortgagor and real owner of the property hereinafter described. 3. On 06/30/98, mortgagor, SARA JANE CREELMAN, made, executed and delivered a mortgage upon the premises hereinafter described to HOMEGOLD, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1465, Page 388. By Assignment of Mortgage recorded 05/19/99, the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 613, Page 350. 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 07/06/01 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance $51,099.06 Interest 1,656.81 06/06/01 through 10/06/01 (Per Diem $13.47) Attorney's Fees 1,000.00 Cumulative Late Charges 89.04 06/30/98 to 10/06/01 Cost of Suit and Title Search 554.Q4 Subtotal $54,394.91 Escrow Credit 0.00 Deficit 4,200.20 Subtotal $4,204.252 TOTAL $58,595.11 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A". 10. By virtue of the death of ARTHUR N. CREELMAN on 03/25/93, SARA JANE CREELMAN became the sole owner of the mortgaged premises as surviving tenant by the entireties. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $58,595.11, together with interest from 10/06/01 at the rate of $13.47 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. /s/ Frank Federman FRANK FEDERMAN, ESQUIItE Attorney for Plaintiff I'.O. Box 1225 Charlotte, NC 28201-1225 September 10, 200] Sara _)ane Creelman 12 Shirley Ln. Boiling SprinKs PA 17007 003]099A 85/001035/936Am91 RE: Wells Fargo Home Mortgage, Inc. Loan Number 0022099485 Mortgagor(s): Sara Jane Creelman h4ortgaged Premises: 12 Shirley Ln. Boiling Spr, P.4 17007 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortt;a~e on your home is in default, and the lender intends to foreclose Specific information about the nature of the default is provided in the attached paces. MORTGAGE MEET of {717) 780-1869). be able to help to This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contatt an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDTI'AMENTE LLAMANDO ESTA AGENCiA (PENNSYLVANTA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A RED1Mlli SU Hll'OTECA. ~~HI~IT A HOMEOWNER'S NAME(S): PKOPEKTY' AllDKESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: 72 Shirle~T n. Boiling Spr, PA 17007 0022099485 WELLS FARGO HOME MORTGAGE, INC. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM MAY BE ff YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSTSTANCE ACT OF 1983 (THE "ACT" ), YOU MAY BE ELIGTBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. • R' YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. -- Under the Act, you are entitled to a temporary stay 0 orec osure on your mortgage or t irty (30) days from the date of this Notice. During that time you must arrange and attend a 'face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCIIR WITHIN THE NEXT CONSUME CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counse ing aggencies isle at t e end n t is n7i- once, the lender may NOT take action against you fo_r thirty (30) days after the date of this meeting. The names, addresseses aT d telephone numbers meeting. Advise your ,~ is only necessary to scneaute one your intenttons. APPLTCATTON FOR MORTGAGE ASSTSTANCE -- Your mortgage is in default for the reasons set ort later in this Notice (see o owing pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to appply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, yyou must fill out, sign and file a completed Homeowner's Emergency Assistance Program Ap lication with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you to submitting a complete application to the Pennsylvania Housing Finance Agency: Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MI IST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. E~H~!~ITA 001036/936 A 1 Y A TI , l~ -- Available funds for emergency, mortgage assistance are very limited. They will e is urse y t e Agency under the eligibility criteria established by the Act. The Penns}'lvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth ahove. You will he notified directly by the 1'ennsylvama Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES O1~ILY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brim it up to date). NATiIRE OF THE DEFAULT - -The MORTGAGF, debt held by the above lender on your property located at: 12 Shirley Ln IS SERIOUSLY I D AULT because: A. YOU HAVE NOT 1~IADE MONTHLY MORTGAGE PAYi\4ENT5 for the following months and the following amounts are now past due: ~v ~f101 ~y:ptemher ~f101 ~3 (156 RS Other char es (explain itemize): Lace Char es $0.00 ~rher Feec (jf annlicahle) ~ ~~ TOTAL AMOUNT PAST DUE: $2 463.34 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION HOW R E - -You may cure the default within THIRTY (30} DAYS of the Gate o t is notice BY PAYIN E TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $ 2,463.34 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pa ments must be made either b cash cashier's check certified check or money order made payable an sent to: WELLS FARGO HOME MORTGAGE, INC. 1 HOME CAMPUS X2501-O1H DES MOINES, IOWA 50328 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: IF Y U OT_ CURE THEE DE_F,gU~ - - I you do not cure the de ault within THIRTY /30) DAYS o~ t e ate o this Nonce, t e en er m n to xer 'se its rieh s to acceler g the m rt a e b . Thi means that the entire outstan3ing a ante o t is e t wi ~e consiaere ue immeacate y an you may lose the chance to pay the mortga e m monthly installments. If full payment of the total amount past due is not made within THIRTY ~30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose uaon vour mortgaged vronerty. IF THE A R~~FQB~ - -The mortgaged property will be sold by the Sheriff to pay o f t e mortgage a t. teen er re ers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against ou, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to 50.00. However, if legal proceedings are started against you, nu will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed 50.00. Any attornev's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (301 DAY veriod, you - -The lender may also sue you personally for the unpaid principal a ante an a of er sums ue under the mortgage. EXHIBIT A 001035/936 If you have not cured the default ave beeun, you still have the right mortaa~e.y Curing your a au t in t e manner set ort in t is notice will restore your mortgage to same p ios tion as if you had never defaulted. FARtTFST POSSTRI F. SHF.RTFF'S SAT.F. DATE -- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will he by contacting the lender. Name of Lender: Address: Phone Number: Fax Number: Contact Person: Wells Farggo Home, Mortgage, Inc. .5024 1'arkwap Plaza Blvd. Charlotte, NC 28217 1-800-766-0987 704-423-4016 Tanisha Robinson EFFECT OF SHFRTFF'S SALE -You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you contirn~e to live in the property after the Sheriff's Sale, a lawswt to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or may not sell or transfer your home to a uyer or trans eree w o wi assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED: IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR llEFAULT MORE THAN THREh TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFF.NSF. YOLJ BF.I.IF.VF. YOL1 MAY HAVF. TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. EKu~~."T A pEvNSYLV,•1NIa HOUSLYG FINANCE AGE`1CY' HOMEOWNER'S El4ERGENCY ,~SSISTaNCE PROGR>.~[ CONSUMER CREDIT COUNSELING AGENCIES (REV. 8100) PERRY COCNTY CCCS of'Neste:n Penns}Ivania, Ina Firanral Caursa!irs Scr.:c:s cr Fr'r!!n 3000 Lingiatown Road i l W:st S" Seee: Harzisburg, P.> ! ;103 Waynesboro. PA f ".63 (; l7) S~tI-1737 F.>.'((; I") 511-t6;0 (; l' 761-i'_33 Urban Lesgue of ~tecopolitan Harrisbur; ? (07 Varth 6° Street Harrisburg, P.> I7101 (7I7) 13i-:9:i FAX ("!') ~;.t-oa.9 nvea ofcarr,5le 30 [ "G^ S[rca Carlisle. PA l ; O l3 (717) 113x8!3 F.>.`C ("I"} 11,-3913 PHiL>DELPHL> COC`il'l' Acom Housing Corparaucn 316 forth Broad Srrr_: Phdadelphta. P.> 19130 (16)763-1111 CCCS of De!awart Valle} lily MarketStzrt. SutmU13 Philadeiphta, PA 19107 (3li) 563-5663 FA.7C(1li) 36•t--:660 H.>C~ I6; West.-Vlt,heny Ac:-ue.'_°' Fi. Phtladetphia. P.> l9l-l0 (1!511.5-50.5 F.X.:..,1_"•-al-- Media Fellowship Reuse 3C1 Suuu't Jackson Sure: ivledia. PA 1906: (6:0~ 565-0815 F.>a ~,6!0~ 505-850" PCC.> l00 ~crh :"° Suee: Suitt 500 Philadelphia. P.> 19103 tZtS)56;-'303 F.>.'C~115'~9ti3•d91! 3»: Caa::s Sc::: 13:13' :;:-e"li >tnerican Credit Counse!ins Insritute I : =sst 7ek9b tike F.-~.a i6I0)_65~311 Watulterizasion O~c: 9l; ~liftlin Sort Huntingdon. P.> 16fi6?= Can:munih .>c:icn Cornr.ssicn ct The Gpital .2._ien l5 t» Cec' S;:... Harrishur, P.> ! 710- _ N~rh«es: C.;unsti:ns Ser•:.es 5001 vorh Broad Sc:e: CCCS of ~rr.~a::'~ lire'. CneCher,,: Hill. Su:[:':i Chc.•ry Hiil. V! OSCO= (1151 563.56ti5 Reusing Asscciaacn of 3e:awzr: 'rail='• 1300 walnut Srr:et Sutra 50! P':uadelph:a. ?.> !910- Hcus;rs.vscc:aecs ai ~.iz«a::'~- 653 ~cr_':'•cars S~:e: Grcuo litr.:s:'+ 16:0 urscar.. Scr.: .f ::_ __. ~:.~.a. . PE~~SYL~~.~`~L> BCLLETLY, YOL.29. NO.'_3..JL~E =• lgaq EXHIBIT A ~[~ that certain piece or parcel of land situate in South Middleton Cumberland County, Pennsylvania. bounded anuste13r11970~nascfollows: Township, b Thomas, A. Neff, R. S. dated Auq ante with a survey Y Lana on the BEGINNING at a point on the Northern side of Shirley ,dividing line between Lots Nos.589~24dfee~ Wes teofethenWesternerighteofgwaY of Lots, said poan.. also being int at the dividing line of L. 49 minutes 50ESecondsnWestel00rfeetntolaepof Shi1as~ said lane ' 68 degrees into THENCE by line between Lots Nos. 18 and l9 on said plan: THENCE along North 21 degrees 10 minutes~l0'seconds West 120 feet to z ~ the alviding line between Lots Nos. 19 and 31 on said plan North 68 degrees 49 minutes 50,seconds Fast 100 feet to a point; THENCE by the dividing-line between Lots Nos. 19 and 20 aforesaid South 21 degrees 10 minutes 10 seconds East 120 feet to a point, the place of BEGINNING., i BEING Lot No. 19 on the Plan of Lots known as Clifton Heights as recorded in Plan Book 17, Page 59.. HAVING erected thereon a masonry and aluminum siding ranch house. BEING part of the same premises which. Roy D. Gotshall and Pearl W. Gotshall, his wife by Deed dated May 22, 1964 and recorded in 'Cumberland County, in Deed Book F, Vol. 21, Page 336•conveyed unto Clifford L.•Heishman an and Ethel S. Heishman,his wife. AND being the undivided one-half interest in and to the same premises .which Clifford L. Heishman and Ethel E., his wife by, Deed dated November 1, 1967 and recorded in Cumberland County is Deed Book 0, Volume 22, Page 279 conveyed unto William S. Wert and Lois A. Wert, his wife. , PRElIISES: 12 SHIRLEY LANE VERIFICATION TAMMY JOHNSON hereby states that she is ASSISTANT VICE PRESIDENT of WELLS FARGO HOME MORTGAGE, INC. mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correc[ to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~~~ DATE: ~ ~ BSI ~ ~~ g ~ ~~a e ~ o ~~! T ~ Q ~~ "r b Car CJ ~~ _ TI `t= f- ' r 'r ~ ' ~ to ~_+~ ~C3 .'"' (.~ . r.:, s ~ ;} `~ ~~ ~- (^ .~ t,, r ~ r•~ _... > ~~.. c. L "L FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (2151 563-7000 GE CAPITAL MORTGAGE SERVICES, INC. 5024 PARKWAY PLAZA BOULEVARD BUILDING 7/F/C CHARLOTTE, NC 28217-2407 Plaintiff, v. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6453 CIVIL SARA JANE CREELMAN Defendant(s). PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against SARA JANE CREELMAN 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 01/16/02 to 06/05/02 TOTAL $58,595.11 $1373.94 $59,969.05 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~lY ~ ~ , FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATE DATE: ~ ~ / 7 2po d~ PROPROTHY (Rule of Civil Procedure No. 236) -Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW GE CAPITAL MORTGAGE SERVICES, INC. 5024 PARKWAY PLAZA BOULEVARD BUILDING 7/F/C CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. SARA JANE CREELMAN Defendant(s). CIVIL DIVISION NO. 01-6453 CIVIL Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 BY~(J.. o ~ ~C DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHII,ADELPHIA, 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 CORRESPONDENCENDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** FEDERMAN AND PHELAN, L.L.P. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 GE CAPITAL MORTGAGE SERVICES, INC. Plaintiff vs. SARA JANE CREELMAN Defendant(s) TO: SARA JANE CREELMAN 12 SAIRLEY LANE SOILING SPRINGS,PA 17007 DATE OF NOTICE: DECEMBER 18. 2001 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 01-6453 CIVIL THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 ^_ a~ ~ Frank Fed rman', quire Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 [2151563-7000 GE CAPITAL MORTGAGE SERVICES, INC. 5024 PARKWAY PLAZA BOULEVARD BUILDING 7/F/C ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. SARA JANE CREELMAN Defendant(s). CIVIL DIVISION NO.O1-6453 CIVIL VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has lrnowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant SARA JANE CREELMAN is over 18 years of age and resides at , 12 SHIRLEY LANE, BOILING SPRINGS, PA 17007 . (c) that defendant is over 18 years of age, and resides at , , . This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FE ERMAN, ESQUII2E Attorney for Plaintiff r__ ~,~ ~- i~; c -~2 V __. ~~ ~ ~ ~ ~. ,3 ~ n ~ ~ ~ L ~ ' ~ ~ ~ LLI '~~ nl ~ T U PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.RC.P.3180-3183 GE CAPITAL MORTGAGE SERVICES, INC. . Plaintiff, , v. No. 01-6453 CIVIL SARA JANE CREELMAN Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 01/15/02 to 06/05/02 (per diem -9.86) TOTAL $59,969.05 $1,390.26 and Costs $61,359.31 ~~V FRANK FEDERMAN, E IRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. w~ G ~ ~ a~ ~ U O F. 5 ~ z~ C W ~ .a w a ~ w o U~ U aM > V ~ ~ a w aA ~ W OU P4 ~ ~ U W F U ~ ~ ~ a U `o y d L W aRo .~ a i~ r 0 0 r .~ d a c7 z ~a w °~ a W N H N a yy~ i~ ~I~ that certain piece or parcel of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in zccord- anee with a survey by Thosas A. Neff, R. 5, dated August 13, 1970, as follows: BEGINNING at a point on the Northern side o~ Shirley Lane on the ~dividinq line between Lots Nos. 19 and 20 on the hereinafter mentioned Flan of Lots, said point also being 589.24 feet west of the western right of way line of L. R, 421008; THENCE along the Northern side of Shirley Lane Sout4 68 dogrees 49 minutes SO seconds West 100 feet to a, point at the dividing line between Lots Nos. 18 and 19 on said plan: THENCE along last said line North 21 degrees 10 minutes 10'seeonds West 120 feet to a point; THENCE by the a:viding Line between Lots Nos, 19 and 31 on said plan North 68 degrees 49 minutes 50,seconds Fast 100 feet to a point; THENCE b between Lots Nos, I9 and 20 aforesaid So East 120 feet to a Y the dividing line point, the place of BEGINNINGegrees 10 minutes 10 seconds HEING Lot No. 19 on the Plan of Lots known as Clifton Heights as recorded in Plan Hook 17, Page 59. HAVING erected thereon a masonry and aluminum siding ranch house. Gotshall + HEINh_$awifefb~e same premises which Roy D, Gotshall and Pearl W, County, in Deed 8ookyF~Volda22d p Ye 23361964 and recorded in Cumberland and Ethel E. Heishman,his wife, ANDgbein conveyed unto Clifford L.'Heishatari an and to the same premises .which Clifford L,t'he nndavzded one-half Deed dated November 1, 1967 and Heishman and Ethel E, iriteresG in Volume 22, page 279 conve ed recorded in Cumberland Co his wi.e by Y unto William S, Wert and Lois AY Wert,ehisowife, PRaffSES: 12 SHIRLEy LAS ~~ R~ O ~ ~/ ~ ~. c ~ P ~' ,p (~ W ~o ~ ,f ; T ~c ~. ~c.; R, .: .. ~ ~ ~.: CJ ' - GE CAPITAL MORTGAGE SERVICES, INC. v. Plaintiff, SARA JANE CREELMAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO.O1-6453 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) GE CAPITAL MORTGAGE SERVICES, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,12 SHIRLEY LANE, BOILING SPRINGS, PA 17007 . 1. Name and address of Owner(s) or reputed Owner(s): Name SARA JANE CREELMAN Last Known Address (if address cannot be reasonably ascertained, please indicate) 12 SHIRLEY LANE BOILING SPRINGS, PA 17007 2. Name and address of Defendant(s) in the judgment: SARA JANE CREELMAN 12 SHIRLEY LANE BOILING SPRINGS, PA 17007 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: PNC BANK NATIONAL ASSOCIATION 2730 LIBERTY AVENUE PITTSBURG, PA 15222 None. 5. Name and address of every other person who has any record lien on the property: None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 12 SHIRLEY LANE BOILING SPRINGS, PA 17007 13 North Hanover Street Cazlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit aze 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. January 15. 2002 l DATE FRANK FEDERM SQUIRE Attorney for Plaintiff C7 CJ ~ N ;I r "B~ ' n _ r GS ~~ 2'. _ i `~ ^n u= ~~ ~. •, i YY ~ ~ J ~~ ~ '~ -~' ~ ca FEDERMAN and PHELAN By: FRANK FEDERMAN Identif-cation No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GE CAPITAL MORTGAGE SERVICES, INC. Plaintiff, v. SARA JANE CREELMAN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6453 CIVIL CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: Q an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUII2E Attorney for Plaintiff O C ~ `'ri 'L' C!' z;a (Tlfr1 --- T ~':.i "` 7 f'- ~ . f I~l ~1 ~~~.: ~~..! 1 l.~ 1 ~ `~. ._i.~ L .~y _ ~ ~C' ~ i'i r1' C. . ` -1 . 1 { W GE CAPITAL MORTGAGE SERVICES, INC. Plaintiff, v. SARA JANE CREELMAN Defendant(s). CUMBERLAND COUNTY No. 01-6453 CIVIL January 15, 2002 TO: SARA JANE CREELMAN 12 SHIRLEY LANE BOILING SPRINGS, PA 17007 * *TH/S FIRM /S A DEBT COLLECTOR ATTEMPT/NG TO COLLECT A DEBT AND ANY /NFORYfAT70N OBTAINED WILL BE USED FOR THAT PURPOSE. !F YOU HAVE PREY/OUSLY RECEIVED A DISCHARGE /N BANKRUPTCYAND TH/S DEBT WAS NOT REAFFIRMED, THIS /S NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A L/EN AGAINST PROPERTY * Your house (real estate) at , 12 SHIRLEY LANE, BOILING SPRINGS, PA 17007 is scheduled to be sold at the Sheriffs Sale on JUNE 5, 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 59,969.05 obtained by GE CAPITAL MORTGAGE SERVICES. INC. (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late chazges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (2151563-7000. 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale For good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact onc, th:: more chane~ 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 (2151563-7000. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You maybe entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800)990-9108 ~I1 that certain piece or parcel of la:.d situate South Midd_etcn Township, Cu.~herland County, Pennsylvania, bounded and described is acccrd- anca with a survey by Thocas A. Neff, R. S. dated Acgust 13, 197, as fcllcws: DEGI27NING at a point on the Northern side of Shirley Lane or. t:e dividing line between Lots Nos. 19 and 20 on the hereinafter mentioned Flan o: Lots, said point also being SS9.2q feet West o: the Western right o: way line of L. R. (21008; TH~aC2 along the Northern side of Shirley Lane Scuth 68 dogrees q9 minutes 50 seconds West 100 feet to a point at the dividing line between Lots Nos. I8 and 19 on said plan: THENCE aicng last said line North 2i degrees 10 minutes 20'seeonds West 120 feet to z Feint; T3E::C~ by the aividing Line between Lots Nos. I9 and 31 on said plan North 63 degrees b¢tweentLotsONoscol9sands201aforesaidoSouth;2l~deHL•N~cE by t:e dividing Iine East 120 feat to a point, the place of BEGI:NI:iG.g~e_s IO minutes 10 seconds BEING Lot No. 19 on the Plan o: Lots kiown as Clifton Heights as recorded in Plan Book 17, Page 59. HaVTNG erected thereon a masonry and alumizua siding ran eh house. BEING part of the same premises which Hoy D. Wtshail and Peari 'A. Wtshail, his wife by Deed dated ~1ay 22, 1964 and recorded i Cuatberland County, in Deed Book F, Vol. 2I, Page 336 conveyed onto Clifford L.'Beis'.zman ,V: and Ethel S. lieishaan,his wife. AND being t:e undivided one-half interest in and to t'~e sane premises.whieh Clifford L. Heishman and Ethel c^., his wife by Deed dated November 1, 1967 and recorded in Cumberland County is peed Bock 0, Volume 22, Page 279 conveyed unto William S. Wert and Lois A. Wert, his wife. PRII'IISES: 12 SHIRLEY ~E rJ ~ - _~ -- {_ Cj,' ~.;... ~:J ,-• %iJ -- -i 7` --a J il., «'.~ ~~ ~.. ~~ ~~ AFFIDAVIT OF SERVICE PLAINTIFF GE CAPITAL MORTGAGE SERVICES, INC. DEFENDANT(S) SARA JANE CREELMAN SERVE SARA JANE CREELMAN AT 12 SHIRLEY LANE BOILING SPRINGS, PA 17007 Served and made known to _ at ~_ ~~ ,o'clock g.m., of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Commonwealth Other: _ ~ .' I~' ~a85cS Description: Age ~ O Height 3G Weight ~~ Race w~ Sex ~ Other I G ~ 2FeN t ~ ~, , C9 R-~ ~ ' ~a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. _ _. _. __.. Sworn to and subscri ed ~TM M. JOFIAF'13 before me this aZB day ~~~'' jpps of `.faNvac , 200 a„ PLE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE TES & TIMES OF SERVICE ATTEMPED. NOT SERVED On the day of , 200_, at o'clock - m., Defendant NOT FOUND because Moved _ Urtlmown _ No Answer Vacant Other: Sworn to and subscribed before me this day of , 200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (21~ 563-7000 CUMBERLAND COUNTY No. 01-6453 CIVIL ACCT. #0022099485 Sale Date: JUNE 5, 2002 Type of Action -Notice of Sheriff s Sale SERVE , r So''IftZ TaNe C~~e' ~3N ~`~` ~a~ Defendant, on the ~_ day of , 200 ~ I J ~` rt \. ~ G i~.,1j c i vcr~ -n - rn ~f;i J) i? .~ ~ r> UD ~ %. , ..;. < ~. ~ Dom: _'? W ~" _ 'a cn -` GE CAPITAL MORTGAGE SERVICES, INC. Plaintiff, v. SARA JANE CREELMAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO.Ol-6453 CIVIL AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GE CAPITAL MORTGAGE SERVICES, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,12 SHIRLEY LANE, BOILING SPRINGS. PA 17007. 1. Name and address of Owner(s) or reputed Owner(s): Name SARA JANE CREELMAN Last Known Address (if address cannot be reasonably ascertained, please indicate) 12 SHIRLEY LANE BOILING SPRINGS, PA 17007 2. Name and address of Defendant(s) in the judgment: SARA JANE CREELMAN 12 SHIRLEY LANE BOII,ING SPRINGS, PA 17007 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: PNC BANK NATIONAL ASSOCIATION 2730 LIBERTY AVENUE PITTSBURGH, PA 15222 CITIFINANCIAL INC. 5520 CARLISLE PIKE, SUITE 155 MECHANICSBURG, PA 17055 5. Name and address of every other person who has any record lien on the property: None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDNIDUAL TAX INHERITANCE TAX DNISION ATTENTION: JOHN MURPHY INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER 6r" FLOOR, STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 13T" FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 DEPARTMENT OF PUBLIC WELFARE TPL P.O. BOX 8486 CASUALTY UNIT ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG, PA 17105-8486 7. Name and address of every other person of whom the plaintiff has lrnowledge who has any interest in the property which maybe affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 12 SHII2LEY LANE BOILING SPRINGS, PA 17007 13 North Hanover Street Carlisle, PA 17013 PO Bos 2675 Harrisburg, PA 17105 " I verify that the statements made in this affidavit aze 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 19. 2002 / DATE FRANK FEDERMAN, ESQUII2E Attorney for Plaintiff r ( ~ ~' "; F.. . C . ~ J r''( ~ Liz (:) i.. ._ -; ~ '~.'.i [~ i ~:: l C lJ U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: GE CAPITAL MORTGAGE SERVICES, INC. )CIVIL ACTION vs. SARA JANE CREELMAN) CIVIL DIVISION NO. 01-6453 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for GE CAPITAL MORTGAGE SERVICES, INC. hereby verify that on 1116102 8~ 4/19102 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. Notice of Sale was sent to the Defendant(s) on 4/19/02 by certified mail return receipt requested see Exhibit "B" attached hereto. ~...~ P DATE: May 2. 2002 FR INK FEDERMAN, ESQUIRE Attorney for Plaintiff d o = O~ ~" •~ a r'~~i ~ ti ~~ '~ ~ c~ ~b° a+ N O~ ~~a Uwe o. ~ti ~~ A w y ~ L d zoo ~ p ~ - 4 yu W y ~ ~'Sq~ s ~~ ~ r P JAN J ~ ~ V ,T_L~ : i ; ,/~ U.S.POSiAG~ d 02 I= ~ ~ ~p Fyi ~ ~ .~ .4 C ~ ~ ~ ~:~ ~ t ~ H ;~ o A . 9 •. -' P w 1 ` ~. ?B MEIc~ ~ I •a _ 7. U A 6058.3b0 ~ ~ ~ ti ~~ ~ ~ a S ~ u ~ ~.D ~.~ Vl g C ~ K o o a ~ w 'a o c g ~ M 0 (\ ~ m.9 ~ 0, ~ R~ x ~ Q C7 2 a° 2~ 4c1 a .-~ ~ ~ a ~ ~ S 9 a w ~ k U .-. 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N V1 td ~ O N O N L 'O G .O G N c c ~ m.g N C v u C O v ~ v ~ .? ~ o a_ o ,~., _ ;, A '°o .v a~ ~ 0010 ° n~i " ~ v m t o A ~ ~+ O v~ ) 0 0 0 0.y O >C ~ .p U h X w [r ~ ~._~~ .~s v O E c V o ,~g+~ ~ ~ ` U cl O Nom. e z F GI ~ 5 N N (V y .•• A T = T !7 _ U w a.~ w '' B T U ~ W N N C O ~ O ~ ~ W x C N U E ~°~ ~~ ~ E .a ] a„ d ,,? .E E ~ s o ~'~~01T° 3 ~ ~ ~~~ o x A w . o ~ z c ~ m F ~ > ~° ' O p v i a d ~ d wdW h o a ~ A F U , m ~ d f1' o . F ~ _ v a a z `~ a ~ ~ ~ T .a d W W] ~ a o N ~ x a W .ate ~ oe a~ wy z 5 3a~ a =° a.. w ~' a ~ 00 a wo ~o a ~ ~ ~ ~ YW v~oW'v 3 r~ ~aa Qw~ F0G3 d d~~ a ZFWj~ ~~da w~d ~3a ~' Nv ~~ v " "a~ ~ w m..~ a `~ ~x ''F z~c~ a ao ~~ Z 3x~o ~ a ~ a wa " a o0 ¢ ~.. z Q Z O,°, O~ N~ . OWx zG~~ ,~ °o x~ ~a d O ~ 04 ~~o ~Vx ZwE:,~ cCw~w~F d~~ ,, z> E z F r W '~ U ~ p ~E".x W d ~ F F"~ o F z ~°a W G dd '~ ~'d ° ~ v i Ud OA ~ . . Aa:x ~ E . ~9 0 E ~ adz' T o E ~' W ~--~ N M ~t v~ ~O [~ 00 O~ ~ .~-~ ~ ~ ~ ~+ z v C J . O .^ f' G. f 7161] 3901 9844 .6528 ~66a I TO: SARA JANE GREELMAN i 12 SHIRLEY LANE I BOILING SPRINGS, PA 17007 i I i i i SENDER: TEAM 5 ,' REFERENCE: CREELMAN, SARA JANE ~ RETURN I Postage 1 RECEIPT ~~~ Fee SERVICE ~ Relum Receipt Fee j Restricted t~livery 3.20 I Total Postage & Fees US Postal Service POS : ~ Receipt for + ~ ~ ~ Certified Mail ' ~ ~~ , ~ ~ -- ! No Insurance Coverage Provided ,. . , ! Do Not Use for International Mail I ~ ~~ >- t_~ ~ a. ~.: - - r. i - r.: - c ..... ~ ^ Y ~ ly} . ~, ~_ ' ` : i - Lt.l : ,~ _ r w C. ~~; C> GE Capital Mortgage Services, Inc. VS Sara Jane Creelman In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6453 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff s Costs: Docketing 30.00 Surcharge 20.00 Law Library .50 Prothonotary 1.00 Mileage 6.90 Levy 15.00 Advertising 15.00 Posting Handbills 15.00 Share of Bills 25.20 Poundage 14.64 Law Journal 330.50 Patriot News 251.35 Certified Mail 1,72 Postpone Sale 20.00 $746.81 paid by attorney 09/03/02 Sworn and subscribed to before me So Answer This ~i~ dayof,k~ ~%!~~,x.,p'' ~~ R. Thomas Kline, Sheriff 2002, A.D. , p,~ Prothonotary Real Estate Deputy 1, ~ .~ ~Od ~ ~, /~9~/~ GE CAPITAL MORTGAGE SERVICES, INC: v. Plaintiff, SARA JANE CREELMAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO.Ol-6453 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GE CAPITAL MORTGAGE SERVICES, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIItE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,12 SHIRLEY LANE, BOILING SPRINGS. PA 17007 . 1. Name and address of Owner(s) or reputed Owner(s): Name SARA JANE CREELMAN Last Known Address (if address cannot be reasonably ascertained, please indicate) 12 SHIRLEY LANE BOILING SPRINGS, PA 17007 2. Name and address of Defendant(s) in the judgment: SARA JANE CREELMAN 12 SHIRLEY LANE BOILING SPRINGS, PA 17007 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: PNC BANK NATIONAL ASSOCIATION 2730 LIBERTY AVENUE PITTSBURG, PA 15222 None. 5. Name and address of every other person who has any record lien on the property: None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 12 SHIRLEY LANE BOILING SPRINGS, PA 17007 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Hamsburg, 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. January 15, 2002 ~ i DATE FRANK FEDERM SQUIRE Attorney for Plaintiff GE CAPITAL MORTGAGE SER~CES, I1t1C. plaintiff, v. SAR4 JANE CREELMAN Defendant(s). TO: SARA JANE CREELMAN 12 SHIRL,EY LANE GS PA 17007 CUMBERLAND COUNTY No. 01-6453 CIVIL January 15, 2002 BOILING SPRIN ' IS A DEBT COLLECTOR AETEMPTING TO COLLECT DEBT AND ANY INFORMATI IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN HOULD NOT BE CONSTRUED TO BE **THIS FIRM OBTAINED WILL BE USED FOR TNAT PURPO MPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AG.4I,NST PROPERT . BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED. THIS IS NOT A ING SPRINGS PA 17007 is bun , ANATTE Ey LANE FOIL 5 2002 at 10:00 a.m. in the Cumberland Your house (real estate) at 12 SHIRL ud ent of 59 9_~ 6 pA 17013, to enforce the court j ~ ainst you. If the scheduled to be sold at the Sheriff s Sale on JUNy NC (the mortgagee) ag Courthouse, GE CAPITAL MORTGAGE SER obtained by the property will be relisted for the Sheriff s Sale. Sheriff s sale is postponed, GHTS NOTICE OF OWNER'S RI To prevent this Sheriffs Sale, you must take immediate action: to the mortgagee the back payments, late charges, 's fees due. To find out how much you must pay> you mad 1 The sale will be cancelled if you Pay costs and reasonable attorney call: (2151~0~ etition asking the Court to strike or open be able to stop the sale by filing a p also ask the Court to 2 You may ent was improperly entered. You may. judgment, if the jud~ood cause. postpone the sale for g 3 You may also be able to stop the sale through other legal proceedings to assert your rights. The sooner you contact ou4, ~~~< <n" ~ `''y~ You may need an attorney a e two on how to obtain an attorney) you will have of stopping the sale. (See notice on p g 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 maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You maybe 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) aze filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717)249-3166 (800)990-9108 ~1( that certain piece or parcel o_° Ia:.d ituatz South ni^..:eton Tovnahip, Cu.~`~eriand Cou:.ty, Pennsylva:.ia, bou:.ded and desc_ihed is zcce_c- aace with a survey by Thocas A. lie.`t, R. 5, dated Auc,,st 13, 197J, as fcilcw3: ~l~ that certain piece or parcel o: la:.d ituata Sout:1 nidd:eton Township, Cu.~~erlaad Cou:.ty, Pennsy'_vania, bounded and descrifed is acccrd- anCe with a surrey by Tho.;as A. lief:, R. S, dated August i3, l9'/J, as foilcw3: BEGiY;JiYG at a point On the NCrtle r: .,~de O~ J: _ 1~?V :.3 2 GP. a' .dividing line between Lots nos. 19 ar.d 20 on the here'_nafter mentioned r'laa o: Lots, said paint also beirq 539.24 feet West o: t:^.e i:esta-i r'_q~t of w~;,j line of L. R. 321008; TY~:1C2 along t::e Norther:: side of Shirle ~ Lane Soot..`: 68 dogrees 47 minutes 50 seccnds West i00 feet to a,point at the dividing line bet•.reen Lots Nos. 18 and 19 on said plan: THE:7CE along last said line North 2I degrees 10 minutes 10'seccnds hest 1:0 test to a ^cint; THEI:Cr by the alviding line between Lots Nos. 19 and 31 on said plan Norty 63 degrees d9 minutes 50,seconds Fast 100 feet to a Foist; THcNCE by t::e dividing line between Lots Nos, 19 and 20 aforesaid South 2i degrees IO :nilutes 1J seconds East I20 feet to a point, t`t~ place of 3EGZ.WING, 3ET:7G Lot No. 19 on the Plan of Lots known as Clifton F?eights as recorded in Plan Book 17, Page 59. HAVTNG erected tyereon a masonry and alw:.ilua siding ranch ho us a. Wtshall,Vhisawifetby~Deedmdated,~ys22h1i96goanQ~recordedl+andC~e~baerland County, in Deed gook F, Vol. 2i, Page 336 conveyed wzto Clifford L.'Heishman .v: and Ethel S, Fieishaan,his wife. A.`1D beiny t.:e u^.divided one-half interest in and to the sate prim+ses which C1ifFord L. Heishman aid Et:~el E., his wife by Deed dated November 1, 1967 and recorded in Cu.:,berland County is peed Bobk 0, Volume 22, page 279 conveyed unto William S, Wert and Lois ~. Wert, his wife. PBII'IISES: 12 SBIRLEY LAKE WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-6453 Civil CIVIL ACTION -LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due GE CAPITAL MORTGAGE SERVICES, INC. PLANTIFF(S) From SARA JANE CREELMAN, 12 SHIRLEY LANE, BOILING SPRINGS, PA 17007 (1) You are directed to levy upon the property of the defendant(s) and [o sell SEE LEGAL DESCRIPTION (2) You are also directed [o 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 aze duetted to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $59,969.05 L.L. $.50 Interest FROM 1/15/02 TO 6/5/02 (PER DIEM - 9.86) $1,390.26 AND COSTS Atty's Comm % Due Prothy $L00 Atty Paid $103.25 Other Costs Plaintiff Paid Date: JANUARY 17, 2002 CURTIS R. LONG Prothonotary, Civil Division By' ~/l2r'y ~ / ' / ~~L ~~ REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVA RD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-5 63-7000 Supreme Court ID No. 12248 TRUE DOPY FROM RECORD M Tu.~ti,I~o~I ~ab~I:,a„~af~,e I h~r~tcalg¢alsst mpyhand ~''~"pp a°~ ?~0 t'~ ~riC~.~"rI 411~.;i' i a.{4 L~ti~ fY. rn~°r~-~ ~A9 ~- Sr ~;, On February 6, 2002, the sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA, known and numbered as 12 Shirley Lane, Boiling Springs, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 6, 2002 BY~ ~OU-L-( Real Estate Deputy ,,,!'lyn~~Sthld~d 10~ ,, , no ~i hZ N°C n (10 A1H~ : : ~tj.~9 jjiN~~i` irtl 1v ~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Roger M. Morgenthal, 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 26, MAY 3, 10, 2002 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. Ro er M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 10 day of MAY, 2002_ LOiS ~°. 4Y[DeR, Notary PubgC Ca~a:~ flora, Cumberlarb Cou~1l mAy C;¢;:srdssfar Expires Ater~h 5, ~6 REAL ESTATE SALE NO. 8 Writ No. 2001-6453 Civil GE Capital Mortgage Services, Inc. vs. Sara Jane Creelman Atty.: Frank Federman ALL that certain piece or parcel of land situate in South Middleton Township, Cumberland County. Pennsylvania, bounded and de- scribed 1n accordance with a stu'- vey by Thomas A. Neff. R. S. dated August 13. 1970, as follows: BEGINNING at a point on the Northern side of Shirley Lane on the dividing line between Lots Nos. 19 and'20 on the hereinafter mentioned Plan of Lots, sold point also being 559.24 feet West of the Western right of way line of L. R. N2100S: THENCE along the Northern side of Shirley Lane South 6S degrees 49 minutes 50 seconds West 100 feet to a point at the dividing line be- tween Lots Nos. 18 and 19 on said plan; THENCE along last said line North 21 degrees 10 minutes 10 seconds West 120 feet to a point: THENCE by the dividing line be- tween Lots Nos. 19 and 31 on said plan North 6S degrees 49 minutes 50 seconds East 100 feet to a point; THENCE by the dividing line be- tween Lots Nos. 19 and 20 afore- said Sou[h 21 degrees 10 minutes 10 seconds East 120 feet to a point, the place of BEGINNING. BEING Lot No. 19 on the Plan of Lots known as Clifton Heights as recorded in Plan Book 17, Page 59. HAVING erected thereon a ma- sonry and aluminum siding ranch house. BEING part of the same premises which Roy D. Gotshall and Peazl W. Gotshall, his witeby Deed dated May 22. 1964 and recorded in Cumberland County. in Deed Book F. Vol. 21. Page 336 conveyed unto Clifford L. Heishman and Ethel E. Heishman, his wife. AND being the undivided one-half interest in and to [he same premises which Clifford L. Heishman and Ethel E., his wife by Deed dated November 1. 1967 and recorded in Cumberland County in Deed Book O. Volume 22, Page 279 conveyed unto William S. Wert and Lois A. Wert, his wife. PREMISES: 12 SHIRLEY LANE. ~- THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Ad No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin) ss Frank J. Epley 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 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 Patrict-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 23rd and 30th day(s) of April 2002 and the 7th day(s) of May 2002. 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 C' . ~~...~,, :.............................. ~ ................ COPY ... Sworn 17th o y 200 D. SALE #8 NotaAal Seal Z~ Terry L. Ruscpll, Notary Pubsc tieniseurg, DauphNr County TARY PUBLIC My canmissionE~iresJunes, mission expires June 6, 2002 Member, Pennsylvania Association of Notaries 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 $ 249.60 Probating same Notary Fee(s) $ 1.75 Total $ 251.35 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-N ws, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By .................................................................... ~= r (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 GE CAPITAL MORTGAGE SERVICES, INC. Plaintiff, v. SARA JANE CREELMAN Defendant(s). No. 01-6453 CIVIL TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Add'1 cost Interest from to DECEMBER 6, 2006 (per diem -$9.86) $59,969.05 $3,677.00 $01 / 15/02 TO 12/6/06 and Costs TOTAL $17,609.96 DANIEL G. SCHMIEG, ESQUIRL~ 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. z d p ~d W ~ d~ v v Z W a~ W ~ W ow w w c p., V" ~, H G ~+ ~ ~ v ~+ ~ o~ Hv ~ 3 ~ w~ o~ ~ o p a ~ ~ w ,~ ~~ d ~ o ~ ~ ~' v U~ U W a U ~ ~== y. *s~ ,mil ~ _ ~~ ~ ~,/~ ~ r V V F ~"_' ~ "~ ~ ti r r. .~ r~~ ..; t I ~ N ~~ ~ ~ r. ~ ~ d ~ ~"t Qb n Li ~ ~ ~ ~ ~ ~ ~,. ~ `' _~ w a r a 0 r d a v c7 O W z '' d ~ a w W ~~ ~d ¢. d -r- .~ ...... ~' N J .mss V ..T ALL THAT CERTAIN piece or parcel of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey by Thomas A. Neff, R. S. dated August 13, 1970, as follows: BEGINNING at a point on the Northern side of Shirley Lane on the dividing line between Lots Nos. 19 and 20 on the hereinafter mentioned Plan of Lots, said point also being 589.24 feet West of the Western right of way line of L. R. #21008; thence along the Northern side of Shirley Lane South 68 degrees 49 minutes 50 seconds West 100 feet to a point at the dividing line between Lots N,os. 18 and 19 on said Plan; thence along last said line North 21 degrees 10 minutes 10 seconds West 120 feet to a point; thence by the dividing line between Lots Nos. 19 and 31 on said Plan North 68 degrees 49 minutes 50 seconds East 100 feet to a point; thence by the dividing line between Lots Nos. 19 and 20 aforesaid South 21 degrees 10 minutes 10 seconds East 120 feet to a point, the place of beginning. BEING Lot No. 19 on the Plan of Lots known as Clifton Heights as recorded in Plan Book 17, Page 59. HAVING, erected thereon a masonry and aluminum siding ranch house. TITLE TO SAID PREMISES IS VESTED IN Sara Jane Creelman by reason of the following: BEING THE SAME premises which Clifford L. Heishman and Ethel E. Heishman, his wife and William S. Wert and Lois A. Wert, his wife by Deed dated 8/31/1970 and recorded 9/15/1970 in the County of Cumberland in Deed Book Volume 23, Page 385 conveyed unto Arthur N. Creelman and Sara Jane Creelman, his wife. AND THE SAID Arthur N. Creelman died on 3/25193 whereby title to said premises became vested in Sara Jane Creelman by right of survivorship. Tax Map #27-1921, Parcel 2 Premises: 12 SHIRLEY LANE, TOWNSHIP OF SOUTH MIDDLETON CUMBERLAND COUNTY PENNSYLVANIA r. - . GE CAPITAL MORTGAGE SERVICES, INC. Plaintiff, v. SARA JANE CREELMAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO.Ol-6453 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) GE CAPITAL MORTGAGE SERVICES~INC., 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 ,12 SHIRLEY LANE, BOILING SPRINGS. PA 17007 . 1. Name and address of Owner(s) or reputed Owner(s): Name SARA JANE CREELMAN Last Known Address (if address cannot be reasonably ascertained, please indicate) 12 SHIRLEY LANE BOILING SPRINGS, PA 17007 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 ~ ~~ f 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) 2730 LIBERTY AVENUE PNC BANK NATIONAL ASSOCIATION PITTSBURGH, PA 15222 CITIFINANCIAL INC. 5520 CARLISLE PIKE STE 155 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: ,. . ~ame ,.. Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of individual Tax Inheritance Tax Division Attention: John Murphy Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program Last Known Address (if address cannot be reasonably ascertained, please indicate) 12 SHIRLEY LANE BOILING SPRINGS, PA 17007 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Square Dept. 280601 Harrisburg, PA 17128 13"' Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 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 25, 200.6 ~ DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff w f"? cam. -`~~ ~~7 ~ ~~~ -r~ ~~ I ., :..r ---~ ~~ '- +'"~ ' f -~-' i'T'S ~>. ~~ .. ~.' 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 GE CAPITAL MORTGAGE SERVICES, INC. Plaintiff, v. SARA JANE CREELMAN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6453 CIVIL 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: n 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. ~~ ~' DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ~ r-3 ~ -r~ ~~ - cr ...~ -~ ~. -?" -rf , 1'Z ~ s ~ ~, , ~ ~ : - ~ ~ ['1 ""' : .. `1~ r GE CAPITAL MORTGAGE SERVICES, INC. Plaintiff, v. SARA JANE CREELMAN Defendant(s). CUMBERLAND COUNTY No. 01-6453 CIVIL August 25, 2006 TO: SARA JANE CREELMAN 12 SHIRLEY LANE BOII.ING SPRINGS, PA 17007 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREYIOUSLYRECEIiJED ADISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at ,12 SHIRLEY LANE, BOILING SPRINGS, PA 17007, is scheduled to be sold at the Sheriffs Sale on DECEMBER 6, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Cazlisle, PA 17013, to enforce the court judgment of $59,969.05 obtained by GE CAPITAL MORTGAGE SERVICES, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, Late chazges, 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 f ling a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. I 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 fmd out the price bid by calling j215) Sb3-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is so{d at the direction of the plaintiff. !t 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, PA 17413 (717) 249-3166 ;ALL THAT CERTAIN piece or parcel of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance wiW a survey by Thomas A. Neff, R. S. dated August 13, 1970, as follows: BfiGIN1~iING at a point on the Northern side of Shirley Lane on the dividing line between Lots Nos. 19 and 20 on the hereinafter mentioned Plan of Lots, said point also being 589.24 feet West of the western right of way line of L. R. #21008; thence along the Northern side of Shirley Lane South 68 degrees 49 nunutes 50 seconds West 100 feet to a point at the dividing line between Lots Nos. 18 and 19 on said Plan; thence along last said line North 21 degrees 10 minutes 10 seconds West i20 feet to a point; thence by the dividing line between Lots Nos. 19 and 31 on said Plan North 68 degrees 49 minutes 50 seconds East 100 feet to a point; thence by the dividing line between Lots Nos. 19 and 20 aforesaid South 21 degrees IO minutes 10 seconds East 120 feet to a point, the place of beginning. BEING Lot No. 19 on the Plan of Lots known as Clifton Heights as recorded in Plan Book 17, Page 59. HAVING. erected thereon a masonry and aluminum siding ranch house. TITLE TO SAID PREMISES IS VESTED IN Sara Jane Creelman by reason of the following: BEING THE SAME premises which Clifford L. Heishman and Ethel E. Heishman, his wife and William S. Wert and Lois A. Wert, his wife by Deed dated 8/31/1970 and recorded 9!15/1970 in the County of Cumberland in Deed Book Volume 23, Page 385 conveyed unto Arthur N. Creelman and Sara Jane Creelman, his wife. AND THE SAID Arthur N. Creelman died on 3/25/93 whereby title to said premises became vested in Sara Jane Creehnan by right of survivorship. Tax Map #27-1921, Parcel 2 Premises: 12 SHIRLEY LANE, TOWNSHIP OF SOUTH MIDDLETON CUMBERLAND COUNTY PENNSYLVANIA _ _ ~ _ C^J ~ ) -T '1'1 G ! ..r-; iY;~ ,- ' ~ , ~: i C .~a ~ -ci ~,- ,,'_~ ~'t s '- f__ G,}".= WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-6453 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GE CAPITAL MORTGAGE SERVICES, INC., Plaintiff (s) From SARA JANE CREELMAN (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 $59,969.05 L.L. Interest FROM 1/5/02 TO 12/6/06 (PER DIEM - $9.86) - $3,677.00 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $862.56 Plaintiff Paid Date: AUGUST 28, 2006 (Seal) 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 Other Costs URT .LONG Prothonotary By: Deputy Supreme Court ID No. 62205• AFFIDAVIT OF SERVICE PLAINTIFF ~ GE CAPITAL MORTGAGE SERVICES, • INC. DEFENDANT(S) SARA JANE CREELMAN SERVE SARA JANE CREELMAN AT 12 SHIRLEY LANE BOILING SPRINGS, PA 17007 CUMBERLAND COUNTY CQS No. 01-6453 CIVIL ACCT. #0022099485 P~~~ 5a~ Type of Action -Notice of Sheriffls Sale Sale Date: DECEMBER 6, 2006 SERVED Served and made known to S~ ~ 4 ~~ ~ e L~P PC ~,~¢ ri ,Defendant, on the S * day of Se P FPM b''~' , 20010, at ~~, o'clock ~m., at { ~ S h i r 1 eY 1 ~ n ~ ,Commonwealth of Pennsylvania, in the manner described below: V Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age ~d Height ~t5 ~ ~ Weight Zd Race 1~ Sex ~. Other I, ~ Qc t ti ~ I~6 ~Q N-S , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. and ~, a y 200. ~f-~L`'~AS~ A'1"1'EM~ SERVICE AT Moved Unknown _ _ No Answer 1St Attempt: / / Time:. 3rd Attempt: J I Time: Sworn to and subscribed before me this day of ,200 _. Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 c,,,:_ w~ F'~.~ < <. ,y ~'iS Commission Expires Jure 16, 2004 On the day of LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED 200_, at o'clock _.m., Defendant NOT FOUND because: Vacant 2°d Attempt: / / Time: a8 3 r~ ~=' =~ s ° _ c ~ n7 r- .. ---$ _-a E ~, ' . ~ ~ ~'- -,=°: _ , _ ~, . _- . , x~ Y ~ff ~ . '~ PHELAN HALLINAN &SCHMIEG, LLP By: DANIEL G. SCHMIEG, ESQUIRE Atty. LD. No. 62205 ATTORNEY FOR PLAINTIFF One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 GE Capital Mortgage Services, Inc. 5024 parkway Plaza Boulevard Building 7/F/C Charlotte, NC 28217-2407 COURT OF COMMON PLEAS CNII. DIVISION v. Sara Jane Creelman 12 Shirley Lane Boiling Springs, PA 17007 NO. 01-6453 Civil Cumberland County PRAECIPE TO MARK JUDGMENT TO USE OF PLAINTIFF TO THE PROTHONOTARY: Please mark judgment in the above-captioned matter to the use of: Wells Fargo Bank, N.A. 1 Home Campus Des Moines, IA 50328 ~~ ~ ~C' , DANIEL G. SCHMIEG, ESQ ATTORNEY FOR PLAINTIFF DATED: Friday, November 03 2006 •64. .~.~. C ~ ~ _ ~ t ~^y ~ 'i1 `°'' ~ `~ ~ ti. : ~ a ~~ ' t v C~ l - (. ~l S 3 _~ e~~~c. SALE DATE: DECEMBER 6, 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION -LAW WELLS FARGO BANK, N.A. No.: BOILING SPRINGS, PA 17007 vs. SARA JANE CREELMAN 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: 12 SHIRLEY LANE. `TFi~,~ As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL SCHMIEG, ESQUIlZE Attorney for Plaintiff November 3, 2006 9, ~ r• ~ o. ~ rn ~' ~ w N •.- m ~ ~ p' ~ `' y b. ; r, ~ a. ~~ ° ~ `" '~ m ~' ~ Z a~ c °. 3 s R ro ~` b cn '~, O O n ~ ~, ~ ~~O ~ ~ ~"'* ~ ~ ~ ~ ~ ,_, ~ O ~ ~ may' *Ti w -~ o ~'~~ ~ cO~~s~ c~~o ~~ n ~ n n ~' r ~ ~~~ ,nom y t'. C -C ~, ~ coo ~ ~ ~, ~ r~-l O '~ °. o~o G 6 ~y~~ otD ~~ o ~ N ~ ~ ~ d ~ ~ o~ ~ ~~ ~ ~g p c°' ~"~~ n ~ ~ ~ np ~~ "' ~ ~'~ cry r' z y, ~ ~ xo ~ ~ tD o 3 ~ ~ ° O ~ ~ ~~, r ~ ~ ~ ~ ~ ~ ~ G~ •d ~ Vw u- ~ G rA ~ ~~ ~~ ~ 3 ~ ~ ~~a yo 9 -v '_' p O .~ ~ ~ N by M a m g ~ Q~-+ ~ N ~" ~;~. ~ o y ~ ab~ cn ~ '.~ n ~ ~ R ~ ~~ ,Np ~ Y ~ ~ j ~ N ~ `~ ~ cD ~ N ~ tri o B ~ N.. .~ ~ 7~ b ~` n+ s ^' O '~' 8 y B' O ~' ~ ~ ~ ~. ~ ~ ~ ~ r 'ems ~ ~ ~ j ~ ~ t _-~ p7NEY 80VVES '... t; •'~ ~. ~ $ ~. ~ 2 ~~ ~ ~~ * y 0004 D FROPA ZI ~ D~ 19~ 03 pAA1LE ~ ~ ~ o~ e.s~ o~ .~ ~ ~ ~ $ ~n~ ~" ~o C. ~ ~' ~-: ` i"; ~~ i"1 "'~ t== _'7",` 1 ~ 7' -= C+s -3~ t GE Capital Mortgage Services, Inc. VS Sara Jane Creelman In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6453 Civil Term Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on September 22, 2006 at 1837 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Sara Jane Creelman, by making known unto Sara Jane Creelman personally, at 12 Shirley Lane, Boiling Springs, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on October 16, 2006 at 1817 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Sara Jane Creelman located at 12 Shirley Lane, Boiling Springs, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Sara Jane Creelman, by regular mail to her last known addresses of 12 Shirley Lane, Boiling Springs, PA 17007. This letter was mailed under the date of October 10, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of instruction from Attorney Daniel Schmieg. Sheriff s Costs: Docketing 30.00 Poundage 18.00 Posting bills 15.00 Advertising 15.00 Law Library Prothonotary 1.00 Mileage 10.56 Certified Mail 7.25 Levy 15.00 Surcharge 20.00 Law Journal 413.00 Patriot News 336.98 Share of Bills 15.94 Postpone Sale 20.00 $917.73 So Answers: R. Thomas Kline, Sheriff B 't Rea Esta ergeant ~ 3' ~~r~o7 ~,,.,. s) ~ ~ s q7~~ ~qo /I q ~ f ~ 1 ~ GE CAPITAL MORTGAGE SERVICES, INC. - ~y CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS SARA JANE CREELMAN CIVIL DIVISION Defendant(s). NO.Ol-6453 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. i) GE CAPITAL. MORTGAGE SERVICES INC. Plaintiff in the above action, by its attorney, DANIEL G. SCHIvIIEG, 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 ,12 SHIRLEY LANE, BOILING SPRINGS. PA 17007 . 1. Name and address of Owner(s) or reputed Owner(s): Name SARA JANE CREELMAN Last Known Address (if address cannot be reasonably ascertained, please indicate) 12 SHIRLEY LANE BOILING SPRINGS, PA 17007 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 ascerkained, please indicate) None ,. } , 4. Name and address of last recorded holder of every mortgage of record: Name PNC BANK NATIONAL ASSOCIATION Last Known Address (if address cannot be reasonably ascertained, please indicate) 2730 LIBERTY AVENUE PITTSBURGH, PA 15222 CITIFINANCIAL INC. 5520 CARLISLE PIKE STE 155 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 Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Attention: John Murphy Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program Last Known Address (if address cannot be reasonably ascertained, please indicate) 12 SHIRLEY LANE BOILING SPRINGS, PA 17007 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Square Dept. 280601 Harrisburg, PA 17128 13~' Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 I verify that the statements made in this affidavit aze true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein aze made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 25, 2006 ~ ~ DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff h ~ ~~ d 8 Z 9fi~ 901 ,_ t,,ze~ :~ ca::~ ,!! r ~~ GE CAPITAL MORTGAGE SERVICES, INC. Plaintiff, v. SARA JANE CREELMAN Defendant(s). CUMBERLAND COUNTY . No. 01-6453 CIVIL August 25, 2006 TO: SARA JANE CREELMAN 12 SHIRLEY LANE BOILING SPRINGS, PA 17007 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYWFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED ADISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at ,12 SHIRLEY LANE, BOILING SPRINGS, PA 17007, is scheduled to be sold at the Sheriffs Sale on DECEMBER 6, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 59 969.05 obtained by GE CAPITAL MORTGAGE SERVICES, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (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. 1r > You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This 'schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (l0) 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, PA 17013 (717) 249-3166 ' ~' . ALL THAT CERTAIN piece or parcel of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey by Thomas A. Neff, R. S. dated August 13, 1970, as follows: BEGINNING at a point on the Northern side of Shirley Lane on the dividing line between Lots Nos. 19 and 20 on the hereinafter mentioned Plan of Lots, said point also being 589.24 feet West of the Western right of way line of L. R. #21008; thence along the Northern side of Shirley Lane South 68 degrees 49 minutes 50 seconds 'West 100 feet to a point at the dividing line between Lots Nos. 18 and 19 on said Plan; thence along last said line North 21 degrees 10 minutes 10 seconds West 12A feet to a point; thence by the dividing line between Lots Nos. 19 and 31 on said Plan North 68 degrees 49 minutes 50 seconds East 100 feet to a point; thence by the dividing line between Lots Nos. 19 and 20 aforesaid South 21 degrees 10 minutes 10 seconds East 120 feet to a point, .the place of beginning. BEING Lot No. 19 on the Plan of Lots known as Clifton Heights as recorded in Plan Book 17, Page 59. HAVING. erected thereon a masonry and aluminum siding ranch house. TITLE TO SAID PREMISES IS VESTED IN. Sara Jane Creelman by reason of the following: BEING THE SAME premises which Clifford L. Heishman and Ethel E. Heishman, his wife and William S. Wert and Lois A. Wert, his wife by Deed dated 8/31/1970 and recorded 9/15/1970 in the County of Cumberland in Deed Book Volume 23, Page 385 conveyed unto Arthur N. Creelman and Sara Jane Creehnan, his wife. AND THE SAID Arthur N. Creehnan died on 3/25/93 whereby title to said premises became vested in Sara Jane Creelrnan by right of survivorship. Tax Map #27-1921, Parcel 2 Premises: 12 SHIRLEY LANE, TOWNSHIP OF SOUTH MIDDLETON CUMBERLAND COUNTY _ PENNSYLVANIA ~~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-6453 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GE CAPITAL MORTGAGE SERVICES, INC., Plaintiff (s) From SARA JANE CREELMAN (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 $59,969.05 L.L. Interest FROM 1/5/02 TO 12/6/06 (PER DIEM - $9.86) -- $3,677.00 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $862.56 Plaintiff Paid Date: AUGUST 28, 2006 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Other Costs URTIS R. LONG Prothonotary By: Deputy 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 Real Estate Sale # 44 On August 29, 2006 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 12 Shirley Lane, Boiling Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 29, 2006 By: Real Estate Sergeant hZ ~~ d 8Z 9f)d 9001 ;~ - ~ ,, THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 25th day(s) of October and the 1st and 8th day(s) of November 2006. 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. ~7l `~ PUBLICATION ......... .. . ~ .. ... ............................................. COPY Sworn to subs ed before me this 15th day of November 2006 ~e,~D SALE #44 COMMONWEALTH OF PENNSYLVANIA Notarial Seal i'erry i.. Russell, Notary Public City Of rrisburg, Dauphin County My Co fission E s June 6, 2010 ember, nns v i? ssn~iation of Notaries !!!/// NOTAR PUBLIC ~1 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regulazly 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 20, October 27 and November 3, 2006 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. sa arie Coyne, E for SWORN TO AND SUBSCRIBED before me this 3 day of November, 2006 NOTARIAL SEAL LOTS E. SNYDER, Notary Public CarNsle Boro, Cumberland County My Commission Expires March 5, 2009 REAL ESTATE '3~AI.E NO. 44 Writ No. 2001-6453 Civil GE Capital Mortgage Services, Inc. vs. Sara Jane Creelman Atty.: Daniel Schmieg ALL THAT CERTAIN piece or parcel of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a sur- vey by Thomas A. Neff, R. S. dated August 13, 1970, as follows: BEGINNING at a point on the Northem side of Shirley Lane on the dividing line between Lots Nos. 19 and 20 on the hereinafter mentioned Plan of Lots, said point also being 589.24 feet West of the Western right of way line of L. R. #21008; thence along the Northern side of Shirley Lane South 68 degrees 49 minutes 50 seconds West 100 feet to a point at the dividing line be- tween Lots Nos. 18 and 19 on said Plan; thence along last said line North 21 degrees 10 minutes 10 seconds West 120 feet to a point; thence by the dividing line between Lots Nos. 19 and 31 on said Plan North 68 degrees 49 minutes 50 seconds East 100 feet to a point; thence by the dividing line between Lots Nos. 19 and 20 aforesaid South 21 de- grees 10 minutes 10 seconds East 120 feet to a point, the place of be- ginning. BEING Lot No. 19 on the Plan of Lots known as Clifton .Heights as recorded in Plan Book 17, Page 59. HAVING erected thereon a ma- sonry and aluminum siding ranch house. TITLE TO SAID PREMISES IS VESTED IN Sara Jane Creelman by reason of the following: BEING THE SAME premises which Clifford L. Heishman and Ethel E. Heishman, his wife and William S. Wert and Lois A. Wert, his wife by Deed dated 8/31/1970 and recorded 9/15/1970 in the County of Cumberland in Deed Book Volume 23, Page 385 conveyed unto Arthur N. Creelman and Sara Jane Creelman, his wife. AND THE SAID Arthur N. Creelman died on 3/25/93 whereby title to said premises became vested in Sara Jane Creelman by right of survivorship. Tax Map #27-1921, Parcel 2. Premises: 12 SHIRLEY LANE, TOWNSHIP OF SOUTH MIDDLE- TON, CUMBERLAND COUNTY, PENNSYLVANIA..