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HomeMy WebLinkAbout01-1225GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff GE CAPITAL MORTGAGE SERVE. 4680 Hallmark Parkway San Bernardino, CA 92407 Plaintiff INC. vs. : IN THE COURT QF COMMON PLEAS : OF CUMBERLAND COUNTY : CIVIL ACTION - LAW :ACTION OF MORTGAGE FORECLOSURE JAMES C. YOUNG : (Mortgagor(s) and Real Owner(s)) : SUSAN M. YOL~G (Real Owner(s)) : 3910 Brookridge Drive : Mechanicsburg, PA 17055 : Defendant(s) : CIVIL ACTION: MORTGAGE FORECLOSURE THIS LAW FIRM IS A'DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, yr~u must take action within twenty (20} days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense~ 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 3udgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff, You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT NAVE A LAWYER OR CANNOT AFFORD ONE, dO TO OR TELEPHONE THE OFFICE BET FORTH BELOW TO FInD OUT WHERE YOU CA/q GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990 9108 Legal Services Inc. 8 Irvine Row, Carlisle, PA 17013 (717) 243-9400 AVI SO LE ~LgN DEMA~NDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, EM AMSOLUTAMENTE NECEESARIO QUE USTED RESEONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DE~A Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE UST~D, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DE~4~24DA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SI}; NOTIFICARIO, DECIDIR A FAVOR DEL DEM~DANTE Y P~QLr~RiP~ QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEPL~NDA POR RA~ON DR BSA DECISION~ ES POSSIBL~ QUE USTED PUEDA PERDER DIN~RO, PROPIBDP23 COMPIJtINT IN MORTGAGE FORECLOSURE 1. Plaintiff is GE CAPITAL MORTGAGE SERVS. INC., 4680 Hallmark Parkway, San Bernardino, CA 92407. 2. The name(s) and address(es) of the Defendant(s) is/are JAMES C. YOUNG, 3910 Brookridge Drive, Mechanicsburg, PA 17055, who is/are the mortgagor(s) and real o~ler(s), and SUSutN M. YOUNG, 3910 Brookridge Drive, Mechanicsburg, PA 17055, who iD/are the record owner(s) of the mortgaged property hereinafter described. 3. On July 29, 1994, mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to NORWEST MORTGAGE INC., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1226, Page 861. By Assignment of Mortgage dated January 24, 1995, the mortgage was assigned to Plaintiff, which Assignment is recorded in Assignment of Mortgage Book No. 491, Page 341. These documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). 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 November 1, 1999, 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 Interest from 10/ 1/99 through 1/31/01 at 9.375% Per diem interest rate at $25.04 Attorney's Fee at 5% of Principal Balance Late Charges 11/ 1/99- 1/31/01 Monthly late charge amount at $42.25 Costs of suit and Title Search $ 97,497.02 12,244.56 4,874.85 633.75 560.00 Escrow Balance Monthly Escrow amount $169.05 $ 115,810.18 7. The Attorney's Fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale reasonable Attorney's Fees will be charged based on work actually performed. 8. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant(s) by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A". The Defendant(s) has/have not had the required face to face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Oefendant{~) through.-the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure the sum of $115,810.18, together with interest at the rate of $25.04, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. GOLDBECK McKEEVER BY: Joseph A. ·Goldb%~k, Jr., Esq. Attorney for P2ainti~ ....... . fAA ~006/00~ VERIFICATION I, ~[~ ~ a~ ~he representative of the Plaintiff corporation within named do hereby verify that I am authorized to a[ld dc make this verification on behalf of the Plaintiff corporation and the facts set forth ~n the foregoing Complaint are true and correct to the bes[ of my knowledge, informatiozl and belief. I understand that false s~atementm therein are made subject to the penaltiea of 18 Pa. C.S. 4904 rela~ing ~o unsworn falsiflcaLiun to auShorities. ~14764989 - YOUNG,JAMES C. V~RIFICATION QF NON-MILITARY SERVICE The undersigned, as eke representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behal~ of the Plaintiff corporation and that the facts set forth in the foregoing veri~.icat£on of Non- Military Service are true and correct ~o the best o~ my knowledge, information and belief. I understand that false statements therein a~e made subject to penalties of 18 Pa. C.S. 4904 relatin~ to unsworn falsification ~o authorities. 1. That the above named Defendant, JAMES C. YOUNG, is about unknown years of age, that D~fendan~'s last known residence is 3910 By'ookridGe Drive, Mechanicsbur~, PA 17055 and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United Stat~s or its Allies, or otherwise within the provisions of the soldiers' and Sailors' Civil Relief Action of Con,tess of 14764989 - YOUNG, JAMES C. Description: Ali that certain piece, tract or parcel of land situate, in Hampden Township, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING ut a point on the southern line of brookridge Drive, which point is at the line diving Lots No. 109 and 110, on the herein after mentioned Plan of Lots; thence along said dividing line south 02 ° 41 minutes East 135 feet to a point, thence South 87 degrees 19 minutes West 95 feet to a point; thence North 02 degrees 41 m/nutes West 135 feet to the soutberu line of Brookridge Drive; thence along the same North 87 degrees 19 minutes East 95 feet to the point of Beginning Being Lot No. 110 on Plan No.9, Ridgeland, sa!d Plan being recorded in the Cumberland County Recoed's Office in Plan Book 23, Page 59 HAVING Thereon Erected a dwelling known and numbered as 3910 Brookridge Drive, erroneously typed in previous deed as 2910 Brookridge Drive. GE Capita/ GE Capital Mortgage Services, Inc. 4680 Hallmark Parkway San Bernard/no CA 92407 EXHIBIT A Date: 05/02/00 h dlh,,llh.,hh,hh, hl.,lllh,,.Ih,,,lllh,.h hi OAHES C YOUNG 3910 8ROOKRrOGE OR I~ECHANZCSaURG PA 17055 Z 906 274 028 RE: GE Loan ;q-g: 0014764989 Property: 3910 BROOKRIDGE DR MECHANICSBU PA 17055 Last Paid: 10/01/99 Please be advised that there are additional expenses that have been incurred but are not reflected below. To request an itemized accounting of the total amount now due on the loan, please contact our Collections Department ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is proided in the attached pages. The HOMEOWNER S MORTGAGE ASSISTANCE PROGRAM (HEMP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELLING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this notice with you when you meet with the Counseling Agency. The name. address and phone number of Cunsumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342~2397. (Persons with impaired hearine can call (? i ?) 780-i 869). This notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. La Notification en adjunto es de suma importancia, pures afecta su derecho a confinuar vlviendo en su casa. Si no comprende el contenido de esta notificacion obtenga una traduccion immediatamente Ilamando esta agencia (Pennsylvania Houstng Finance Agency) sin cargos al numero mencionado arriba. Puedes set elegible para un prestamo por el programa Hamado "Homeowners' Emergency Mortgage Assistance Program" al cural puede salver su casa de la perdida del derecho a redhnir su hipoteca. HOMEOWNER NAME: JAMES C YOUNG PROPERTY ADDRESS: 3910 BROOKRIDGE DR MECHANICSBU PA 17055 LOAN ACCOUNT NO,: 0014764989 CURKENT LENDER/SERVICER: GE Capital Mortgage Services, lnc, HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FQR FINANCIAL ASSISTANCE Vv~ICH CAN SAVE YOUR HOME FROM FORECLOSL~RE AND HI~LP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 ( THE "ACT"), YOU MAY BE ELIGIBLE FOR THE EMERGENCY MORTGAGE ASSISTANCE: · IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, · IF 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. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (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 Notic~l'R/S MEETING MUST OCCUR IN TIlE NEXT THIRTY (30~ DAYS. IF YOU DO NOT APPLY~OP, EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE pART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT",EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender ma~OT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit couseling agencies for the county in which the property is located are set forth at the end &this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in default for the reasons set forth later in this Notice (see following 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 apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Mortgage Assistance Program Application 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 in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within the thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER T/ME PER/ODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania 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 above. You will be notified directly by the Pennsylvania 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 ONLY 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 (Bring it up to date). NATURE OF THE DEFAULT - -The MORTGAGE debt held by the above lender on your property located at: 3910 BROOKRIDGIDR, MECHANICSBlPA17055, IS SERIOUSLY IN DEFAULTbecause: following~mountsare nowpast due: 7 Totulofmonthlypaymentsfrom 11/01/99to 12/01/99 01/01/00to 05/01/00 Including all Accrned late charges, If any deferred late charges Property inspectionsand NSF check Charges, if any expenses Other charges accrncd, if any (forced placed insurance Attorney's fees, etc.) Property Preservation YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the $ 2,028.22 $5,060.65 $ 253.50 Total $ 7,342.37 HOW TO CURE THE DEFAULT -- Youmaycurethe defaultwithinTHIRTY 00) DAYS ofthedateofthisnotice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICHIS $ 7,342,37, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH HAVE BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: GE CapitalMortgageServices,Inc. 625 Maryville Centre Drive St. Louis, MO 63141 1 (800) 3174322 IF YOU DO NOT CURE THE DEFAULT -If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its right to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered duc immediately and you may lose the chance to pay the mortgage in 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 attorney's to start legal action to foreclose upon your mortgaged property, IF THE MORTGAGE IS FORECLOSED UPON- The mortgaged property will be sold by the Sheriffto pay the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, 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, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50,00. Any attorney's fees will be added to the mount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30} DAY period, you wffi not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the ri~hi to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past duc, plus any late or other charges then due, reasonable attorneys fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as ff you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of the Notice. A notice of the actual date of the Sheriffs 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 be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: GE Capital Mortgage Services, Inc. Address: 4680 Hallmark Parkway San Bernardino CA 92407 Phone Number: 1 (800) 351-4322 EXTENSION 6312 Fax Number: (909) 880-4880 Contact Person: LOAN REPRESENTATIVE EFFECT OF SHERIFF'S SALE - - You should realize that a Sheriffs Sale will end your ownership o£the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - - You mayur may not sell of transfer your home to a buyer or transferee who will 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 POSITIONS AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN A 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 DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. e TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. APPENDIX C PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY CCCS OF Western Pennsylvania, Znc 2000 Lingleeto~n Road Harrisburg, PA 17102 (717) 541-1757 FAX (717) 541-467 Urban League of Hetropolttan Harrisburg North 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Commof the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Financial Counseling Serv. of Franklin 31 West 3rd Street Wayneeboro, PA 17268 (717) 762-3285 YWC. A of Carlisle 301G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St Gettysburg, PA 17325 (717) 344-1518 ACT 91 NOTICE DATE OF NOTICE: 1/24/01 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSUI This is an official notice that the mortgage 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 pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE, Take this Notice with you when you meet with the Counseling Agency. The name, address an phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice, If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869.) 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 contact any 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 contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes set elegible para un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. 1 Prepared by: GOLDBECK McCAFFERTY & McKEEVER Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 Fax (215) 627-7734 Date: January 24, 2001 Homeowners Name: JAMES C. YOUNG Record Owners Name: SUSAN M. YOUNG Property Address: 3910 Brookridge Drive, Mechanicsburg, PA 17055 Loan Account No,: 14764989 Original Lender: NORWEST MORTGAGE INC. Current Lender/Servicer: GE CAPITAL MORTGAGE SERVS. INC. HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF 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. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (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 designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30} DAYS. 1F YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO 2 CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end o£ this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseline agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following 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 apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application 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 in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your fact-to-face meeting. YOU MUST 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. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania 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 above. You will be notified directly by the Pennsylvania 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 ONLY 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.) 3 HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 3910 Brookridge Drive, Mecbanicsburg, PA 17055 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payment from 11/ 1/99 thru 1/24/01 (15 mos. at $1,014.11/month) (b) Late charges from Il/ 1/99 thru 1/24/0l (15 mos. at $42.25/month) (c) Other charges; Escrow, Inspec., NSF Checks (d) Other provisions of the mortgage obligation, if any (e) TOTAL AMOUNT OF (a) (b) and (c) REQUIRED AS OF THIS DATE $15,211.65 633.75 $15,845.40 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $15,845.40, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pa,/merits must be made either by cash, cashier's check, certified check or money order made payable and sent to: GE CAPITAL MORTGAGE SERVS. 1NC. 4680 Hallmark Parkway San Bernardino, CA 92407 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in 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 upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON ~ The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you 4 cure the delinquency before the lender beings legal proceedings against you, 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, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney'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 (30) DAY oeriod, you will not be recluired to oar attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the ri~_,ht to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then oust due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately four (4) to 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 by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: GE CAPITAL MORTGAGE SERVS. INC. Address: 4680 Hallmark Parkway Phone Number: 800-934-4322 Fax Number: (909~ 473-6102 Contact Person: Daralee Kreft EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your 5 ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who will 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 DEFAULT MORE THAN THREE 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 DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Contact Person: Daralee Kreft Phone Number: 800-934-4322 6 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERIJAND COUNTY CCCS OF WESTERN PENNSYLVANIA 1NC. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 URBAN LEAGUE OF METROPOLITAN HARRISBURG 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 COMMUNITY ACTION COMM OF THE CAPITAL REGION 1514 Deny Street Harrisburg, PA 17104 (717) 232-9757 FAX 234~2227 FINANCIAL COUNSELING SERVICES OF FRANKLIN 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA OF CARLISLE 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 ADAMS COUNTY HOUSING AUTHORITY 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 SHERIFF'S RETURN - REGULAR CASE NO: 2001-01225 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GE CAPITAL MORTGAGE SERVS INC VS YOUNG J~24ES C ET AL WILLIAM DIEHL , cmmberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE YOUNG JAMES C DEFENDANT , at at 3500 ADA DRIVE ENOLA, PA 17025 JAMES C YOUNG a true Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon 1930:00 HOURS, on the 8th day of March by handing to and attested copy of COMPLAINT - MORT FORE the , 2001 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.30 Affidavit .00 Surcharge 10.00 .00 37.30 Sworn and Subscribed to before me this ~ ~ day of 1'~,,~ ~ ~..~! A.D. othonotary · ' ' So Answers: R. Thomas Kline 03/12/2001 JOSEPH GOLDBECK JR. Depu~,~i ff- GOLDBECK McCAFFERTY & McKEEVER By: Joseph A. Goldbeck, Jr, Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 C215) 627-]322 ATTORNEY FOR PLAINTIFF GE Capital Mortgage Services, Inc. 4680 Hallmark Parkway San Bernardino, CA 92407 Vs. James C. Young (Mortgagor and Real Owner) 3500 Ada Drive Mechanicsburg, PA 17050 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO 01-1225-Civil Term Susan M. Young (Real Owner only) 3500 Ada Drive Mechanicsburg, PA 17050 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ARSESS~.NT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against J~mes C. Yo~g (Mortgagor ~nd Real Owner) a~d Susa~ M. Yo~,~ {Real Owner only), Defendants for failure to file an Answer to Plaintiff's Complaint within 20 days (or 60 days if defendant is the United States of America) from the date of service of the complain and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest - 2/1/01 - 5/15/01 Late Charges Escrow Debit TOTAL $115,810.18 $ 2,604.16 $ 169.00 $ 676.20 $119,259.54 I hereby certify that (1) the addresses of the Plaintiff and Defendants are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DAMAGES ARE HEREBY ASSESSED AS INDICA~D. ~_ PRO PROTHY I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is 4680 Hallmark Parkway, San Bernardino, CA 92407 and that the names and last known addresses of the Defendants is: James C. Young (Mortgagor and Real Owner) 3500 Ada Drive, Mechanicsburg, PA 17050 Susan M. Young (Real Owner only) 3500 Ada Drive, Mechanicsburg, PA 17050 TO: JAMES C. YOUNG 3910 Brookridge Drive Mechanicsburg, PA 17055 GE CAPITAL MORTGAGE SERVS. INC. 4680 Hallmark Parkway : IN THE COURT OF COMMON PLEAS San Bernardino, CA 92407 : Plaintiff : OF CUMBERLAND COUNTY VS. : JAMES C. YOUNG (Mortgagor(s)) : CIVIL ACTION ~ LAW SUSAN M. YOUNG ~ JAMES C. YOUNG : (Record Owner(s)) : ACTION OF MORTGAGE FORECLOSURE 3910 Brookridge Drive : Mechanicsburg, PA 17055 : Term Defendant(s) : No. 01-1225 CIVIL TERM THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: JAMES C. YOUNG 3910 Brookridge Drive Mechanicsburg, PA 17055 DATE OF THIS NOTICE: March 29, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEAR3LNCE 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 CAiW-NOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 ~OLDBECK McCAFFERTY & McKEEV~R BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 218-627-1322 TO: JAMES C. YOUNG 3500 Ada Drive Mechanicsburg, PA 17050 GE CAPITAL MORTGAGE SERVS. INC. 4680 Hallmark Parkway San Bernardino, CA 92407 Plaintiff VS. JAMES C. YOUNG (Mortgagor(s)) SUSAN M. YOUNG AND JAMES C. YOUNG (Record Owner(s)) 3910 Brookridge Drive Mechanicsburg, PA 17055 Defendant(s) TO: IN THE COURT OF COMMON PLEAS OF CUMBERI~I~qD COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-1225 CIVIL TERM THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTIN~ TO COLLECT A DEBT OWED TO OUR CLIENT. A~Y INFOR/~ATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. PA 17050 JAMES C. YOUNG 3500 Ada Drive Mechanicsburg, DATE OF THIS NOTICE: March 29, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (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 Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 GOLDBECK McCAFFERTY & McKE~VER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 TO: SUSAN M. YOUNG 3500 Ada Drive Mechanicsburg, PA 17050 GE CAPITAL MORTGAGE SERVS. INC. 4680 Hallmark Parkway : San Bernardino, CA 92407 : Plaintiff : JAMES C. YOUNG (Mortgagor (s)) : SUSAN M. YOUNG AND JAMES C. YOUNG : (Record Owner(s)) : 3910 Brookridge Drive : Mechanicsburg, PA 17055 : Defendant(s) : IN THE COURT OF COMMON PLEAS OF CUMBERLD~ND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-1225 CIVIL TERM THIS LAW FIRM IS A DEBT COLLECTOR A~D WE ARE ATTEMPTIN~ TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFOP.MATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTIN~ THE DEBT. TO: SUSAN M. YOUNG 3500 Ada Drive Mechanicsburg, PA 17050 DATE OF THIS NOTICE: March 29, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY~/~D 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 ~ 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 Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 ~OLDBBCK McCAFFERTY & McKEEV~R BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 TO: SUSAN M. YOUNG 3910 Brookridge Drive Mechanicsburg, PA 17055 GE CAPITAL MORTGAGE SERVS. INC. 4680 Hallmark Parkway San Bernardino, CA 92407 Plaintiff JAMES C. YOUNG (Mortgagor(s)) SUSAN M. YOUNG AND JAMES C. YOUNG (Record Owner(s)) 3910 Brookridge Drive Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF CO~4ON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-1225 CIVIL TERM THIS LAW FIRM IS A DEBT COLLECTOR ANDWE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: SUSAN M. YOUNG 3910 Brookridge Drive Mechanicsburg, PA 17055 DATE OF THIS NOTICE: March 29, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ~ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (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 CAi~NOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 GOLDBECK McCAFFERTY & McKEEV~R BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1312 GOLDBECK, MCCAFFERTY & MCKEEVER By: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500-The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 (215) 627-1322 GE Capital Mortgage Services, Inc. Vs. James C. Young (Mortgagor and Real Owner) Susan M. Young (Real Owner only) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION No. 01-1225-Civil Term CUMBERLAND COUNTY VERIFICATION OF NON-MILITARY SERVICE JOSEPH A. GOLDBECK, JR., ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendants 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 James C. Young (Mortgagor and Real Owner), is over 18 years of age, and resides at 3500 Ada Drive,Mechanicsburg, PA 17050. (c) that defendant Susan M. Young is over 18 years of age, and resides at 3500 Ada Drive, Mechanicsburg, PA 17050. (Real Owner only), This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. May 15, 2001 (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL ACTION - LAW GE Capital Mortgage Services, Inc. , Plaintiff Vs. James C. Young (Mortgagor and Real Owner) Susan M. Young (Real Owner only) , Defendant(s) : NO. PENNSYLVANIA 01-1225-Civil Term Notice is given that a Judgment in the above captioned matter has been entered against you on May /~ , 2001. contact: If you have any questions^co, ncerning this matter please At t ~ne]~/for Plaintiff **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, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 GE Capital Mortgage Services, Inc. Plaintiff Vs. James C. Young (Mortgagor and Real Owner) Susan M. Young (Real Owner only) Defendant(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO: 01-1225-Civil Term PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) TO THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 5/15/01 at $19.60 per diem Total to sale date $119,259.54 $ and Costs 111 S. Independence Mall East Philadelphia, PA 19106 Attorney for Plaintiff Note: Please attach description of property. ALL THAT CERTAIN piece, tract or parcel of land situate in Hampden Township, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of Brookridge Drive, which point is at the line dividing Lots Nos. 109 and 110, on the hereinafter mentioned Plan of Lots; thence along said dividing line South 02 degrees 41 minutes East 135 feet to a point; thence South 87 degrees 19 minutes 95 feet to a point; thence North 02 degrees 41 minutes West 135 feet to the southern line of Brookfidge Drive; thence along the same North 87 degrees 19 minutes East 95 feet to the place of BEGINNING. Having thereon erected a dwelling known and numbered as 3910 Brookfidge Drive, erroneously typed in previous deed as 2910 Brookridge Drive. Tax Parcel # 10-17-1035-112 GOLDBECK, MCCAFFERTY & MCKEEVER By: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500-The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 {215) 627-1322 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS GE Capital Mortgage Services, Inc. Vs. James C. Young (Mortgagor and Real Owner) Susan M. Young (Real Owner only) CUMBERLAND COUNTY CIVIL DIVISION NO. 01-1225-Civil Term CERTIFICATION JOSEPH A. GOLDBECK, JR., ESQUIRE, hereby states that he is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ( ) ( ) ( ) (x) an FHA Mortgage non-owner occupied vacant Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. § 4904 relating to unsworn falsification to authorities. ' GE Capital Mortgage Services, Inc. Plaintiff Vs. James C. Susan M. Young (Mortgagor and Real Owner) Young (Real Owner only) Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION : NO. 01-1225-Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 GE C~ital Mortgage Services. Inc., Plaintiff in the above action, by its attorney, Joseph Goldbeck, Jr., 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 3910 Brookrid~e Drive, Mech~nicsburg. PA 17055. 1. Name and address of owner(s) or reputed owner (s): Name Address (if address cannot be reasonably ascertained, please so indicate) James C. Yo,,~ (Mortgagor and Real Owner) 3500 Ada Drive Mechanicsbur~. PA 17050 Sus~ M. Yo~ (Real Owner only) 3500 Ada Drive Mecha~icsburq, PA 17050 2. Name and address of defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SA~.AS AROVE Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please so indicate) 4 o Name and address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) ' 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please so indicate) 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 Address (if address cannot be reasonably ascertained, please so indicate) C~herland Co,,nty Dept. of Dn~estic Relations P.O. Box 320 Carlisle. PA 17013 Pa De~t. of P~,hlic Welfare Bureau of Child S~port Enforcmment Realth and Welfare Bldg. P.O. Box 2675 Harrisburq, PA 17105 Room 432 Name and address of every other person of whom the plaintiff has knowledge that has any interest in the property that may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) 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. #4904 relating to unsworn falsification to authorities. May 15, 2001 Jose~G'oldbeck, Jr. Atto~eyt/for Plaintiff GOLDBECK McCAFFERTY & McKEEVER By: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF GE Capital Mortgage Services, Plaintiff Vs. Inc. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION James C. Young (Mortgagor and Real Owner) Susan M. Young (Real Owner only) Defendant(s) : NO.01-1225-Civi1 Term NOTICE OF SHERIFF'S SALE OF RW.A?, ESTATE TO: James C. Young 3500 Ada Drive Mechanicsburg, (Mortgagor and Real Owner) PA 17050 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, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at 3910 Brookri~ge Drive, Mechanicsburg, PA 17055. is scheduled to be sold at the Sheriff's Sale on S~t,mher 5, 2001 at 10:00 a.m., in Cumberland County, Cumberland County Courthouse, Commissioners Hearing Room, 2na Floor, Carlisle, PA 17013 to enforce the court judgment of $119.259.54 obtained by GE Capital Mortgage Services, Inc. (the mortgagee) against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ~RLE TO PRRVENT THIS SF~RIFF'S SA?.E To prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the Back payments, late charges, costs and reasonable attorneys Fees due. To find out how much you must pay, you may call: (215) 627-1322 2 o You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ARLE TO SAVE YOUR PROPERTY AND YOU ~AVE OTHRR RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PT.ACE. 1. If the Sheriff's Sale sold to the highest bidder. calling (215) 627-1322. is not stopped, your property will be You may find out the price bid by 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 the full happened, sale will go through only if the buyer pays the Sheriff amount due in the sale. To find out if this has you may call the Sheriff's office at (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 this 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 proposed schedule of distribution of the money bid for your house will be prepared 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 posting of the Schedule of Distribution. 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 Bar Association 2 Liberty Avenue Carlisle, PA 17103 (800) 990-9108 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17103 (717) 243-9400 GOLDBECK McCAFFERTY & McKEEVER BY: Jos~oh ~. Goldbeck, Jr. Attorney I.D.$16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff GE CAPITAL MORTGAGE SERVS. INC. 4680 Hallmark Parkway San Bernardino, CA 92407 Plaintiff JAMES C. YOUNG (Mortgagor and Real Owner) SUSAN M. YOUNG (Real Owner only) 3910 Brookridge Drive Mechanicsburg, PA 17055 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERL4~D COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term NO, 01-1225 CIVIL TERM CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2(c) (2) Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: Personal Service by the Sheriff's Office/competent adult (copy of return attached). (~) Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). Certified mail by Sheriff's Office. Ordinary mail by Joseph A. Goldbeck, Jr,, Esquire to Attorney for Defendant(s) of record (proof of mailing attached). Acknowledgment of Sheriff's Sale by Attorney for Defendant(s) (proof of acknowledgment attached). Ordinary mail by Sheriff's Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriff's Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriff's Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the sts penalties provided by 18 P.S. Section ~ents herein are subject to the ~LDB~ McCAFFERTY & McKEEVER ~Y:~ J~s~ph A. Goldbeck, Jr. ~r~ for Plaintiff ~ OOO0~ 7106 4575 1294:4042 8822 TO: SUSAN M. YOUNG 3500 Ada Drive; Mechanicsburg, PA 17050 SENDER: REFERENCE: YOUNG,JAMES C. / GCMS-0515 PS Form 3800, June 20009/5/O1 - RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Receipt for Certified Mail No rnsurance Coverage Provided DO Not Use for International Mail AFFIX POSTAGE TO MAIL PIECE TO COVER FIRS1 CLASh POSTAGE, CERTIFIED FEE, RETURN RECEIPT FEE AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES and relain the receipt 4 Enter fees for the serwces requested ~n the appropriate spaces on the front ot th~s rece,l~ 3, Service Type CERllFIED MAIL 4. Restricted Delivery? (Extra Fee) [] Yes 1. Article Addressed to: SL~SAN M. YOUNG 5500 Ada Drive, Mect]anicsburg, PA 17050 RE: YOUNg,JAMES C. / GCMS-0515 9/5/01 - PS Form 3811, June 2000 Domestic Return Receipt GOLf)BECK McCAFFERTY ~, MCKEEVER - May 15,200' UNITED STATES POSTAL SERVICE Postage & Fees Paid Permit No G-10 · PRINT YOUR NAME, ADDRESS AND ZiP CODE BELOW · h,,llh h,,,,lllh,,,Ih,,,hhhh,,,llhh,,Ih,I GOLDBECK McCAFFERTY & McKEEVER SUITE 500 ~ THE BOURSE BUILDING 111 SOUTH INDEPENDENCE MALL EAST PHILADELPHIA PA 19106-2519 3, ServiceType CERTIFIED MAIL 4. Restricted Delivery? (Extra Fee) ~ Yes 1. Artic[e Addressed to: JAMES C. YOUNG 5500 Aaa Drive, Mechanicsburg, PA 17050 RE: YOUNG,JAMES C. / 0CM5-0515 91 5101 - SENDER: PS Form 3811, June 200~ Domestic Return Receipt I,,,111,1,,,,,1111,,,,~111,1,,,11,,1~ ¢~ ..... GOLDBECK McCAFFERTY & McKEEVER SUITE 500-THE BOURSE BUILDING 111 SOUTH INDEPENDENCE MALL EAST PHI~DELPHIA PA 19106-2519 AFFIX POSTAGE TO MAIL PIECE TO COVER FIRST CLASS POSTAGE, CERTIFIED FEE, RETURN RECEIPT FEE AND CHARGES FOR ANY SELECTED OPTIONAL SER"/~CES. 1, Detach the term 3811, ~}omestic return receipt by tear- ink left to right across perf Attach to mailpiece by peeling back the adhesive strips and affixing to front of mai~piece space permits. Other~vise affix to back of maiipiece. 2. if you do nol want the receipt postmarked, stick article # labe( to the fight of the return address, date receipt and retain the receipt. 3. if you wont this receipt postmarked, s~ip the $800 receipt between the return receipt, and the maifpiece, and slide the edge of the receipt to the gummed edge of adhesive. This will hold the receipt in piece to present to your maiicenter, or post office service window. (SEE ILLUSTRATION) 4. Enter fees for the services requested in the appropriete spaces on the front of this receipt. 5. Save this receipt and present it if you make an inquiry, 71[]6 4575 1294 3042 8815 TO: JAMES C. YOUNG 3500 Ada Drive, Mechanicsburg, PA 17050 SENDER: REFERENCE: YOUNG,JAMES C. / GCMS-O$13 PS POem ~00, Juno ~'000 9/5/01 RETURN Postage RECEIPT Ce~ified Fee SERVICE Return Receipt Fee Restricted Delivery Tota~ Postage & Fees US Postal Service Receipt for Certified Mail POSTMARK OR DAI~E ~ GE Capit~l Mortgage Services, Inc. Plaintiff Vs. James C. Young (Mortgagor and Real Owner) Susan M. Young {Real Owner only) Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION : NO. 01-1225-Civil Term AmFIDAVIT PURSUA~Tr TO RULE 3129.1 GE Ca~ital Mortgaqe Services. Inc., Plaintiff in the above action, by its attorney, Joseph Golclbeck, Jr., 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 3910 Brook~idge Drive, Mechanicsburg. PA 17055. James C. Yo11~ (Mort~gor and Real Owner) Susan M. Yo,,ng (Real Owner only) 2 o Name and address of owner(s) or reputed owner (s): Name Address (if address cannot be reasonably ascertained, please so indicate) 3500 Ada Drive Mechanicsbur~. PA 17050 3500 Ada Drive Mech~nlcsburg, PA 17050 Name and address of defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAb~A~ AmOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please so indicate) Name and address mortgage of record: Name of the last recorded holder of every Address (if address cannot be reasonably ascertained, please so indicate) 5. Nam? and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please so indicate) o 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 Address (if address cannot be reasonably ascertained, please so indicate) ~herland Co,,nty Dept. of Domestic Relations P.O. Box 320 Carlisle. PA 17013 Pa D~t. of P~,hlic Welfare Bureau of Child S~pport ~nforcmment Health and Welfare Bldq. P.O. Box 2675 Harrisburq. PA 17105 Room 432 Name and address of every other person of whom the plaintiff has knowledge that has any interest in the property that may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) 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. #4904 relating to unsworn falsification to authorities. May 15, 2001 Jose~G'oldbeck, Jr. Atto~elA~for Plaintiff GE Capital Mortgage Services, Inc. VS James C. Young and Susan M. Young In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-1225 Civil Term Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states on June 5, 2001 at 6:46 o'clock P.M., EDST, he served a true copy of the Real Estate Writ, Notice and Description in the above entitled action upon one of the within named defendants, to wit: James C. Young, by making known unto James C. Young at 3500 Ada Drive, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copies of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states on June 5, 2001 at 6:46 o'clock P.M., EDST, he served a tree copy of the Real Estate Writ, Notice and Description in the above entitled action upon one of the within named defendants, to wit: Susan M. Young, by making known unto Susan M. young at 3500 Ada Drive, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copies of the same. David McKinney, Deputy Sheriff, who being duly sworn according to law, states on July 2, 2001 at 3:43 o'clock P.M., EDST, he posted a true copy of the Real Estate Writ, Notice, Poster and Description on the property of James C. Young and Susan M. Young, located at 3910 Brookridge Drive, Mechanicsburg, Cumberland County, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a pendency of the action by regular mail, to one of the within named defendants, to wit: James C. Young, at his last known address of 3500 Ada Drive, Mechanicsburg, PA 17050. This letter was mailed under the date of July 05, 2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a pendency of the action by regular mall, to one of the within named defendants, to wit: Susan M. Young, at her last known address of 3500 Ada Drive, Mechanicsburg, PA 17050. This letter was mailed under the date of July 05, 2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania, on September 5, 2001 at 10:00 o'clock A.M., E.D.S.T., and sold the same for the sum of $60,000.00 to Attorney Scott A. Dietterick (for Attorney Joseph A. Goldbeck, Jr.) for GE Capital Mortgage Services, Inc. It being highest bid and best price received for the same, GE Capital Mortgage Services, Inc. of 4680 Hallmark Parkway, San Bernardino, CA 92407, being the buyer in this execution, paid Sheriff R. Thomas Kline the stun of $2,015.84. Sheriff's Costs: Docketing $ 30.00 Poundage 1,200.00 Posting Handbills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 16.51 Certified Mail 1.13 Levy 15.00 Surcharge 30.00 Law Journal 204.95 Patriot News 169.59 Share of Bills 25.66 Distribution of Proceeds 25.00 Sheriff's Deed ~ $1,815.84 paid by attorney 10-05~01 Sworn and subscribed to before me This .~/.or day of ~ Pr~hc~notary R. Thomas Kline, Sheriff Rgal Estate Deputy WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) ' ' ~ ~ ~ NO. 01-1225 CIVIL COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF _ from Cumberland C O U NTY: To satisfy the debt, interest and costs due G~ Capital Nortgage ~£ces, ]:nc. PLAINTIFF(S) J~nes C. Young (Mortgagor and Real Owner) and Susan M. Young (Real Owner only), 3500 A~a Drive, Mechanicsbur~, PA 17050 __ DEFENDANT(S) (1) YOU are directed to levy upon the properly of the defendant(s) and to sell See Legal Description (2) You are also directed to attach the propedy of the defendant(s) not levied upon in the possession of __ GARNISHEE(S) as follows: and to notify the garnishee s) that: (a) an.,¢t.tachment has been issued; (b) the garniShee('~l is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or olherwise disposing thereof; (3) If property of the defendant(s) noi levied upon an subject to attachment is found in lhe possession of anyone olher than a named garnishee, you are directed to notify him/he r that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $119,259.54 L.L. _ $. 50 Interest frc~ 5/15/01 to sale date at Due Pr01hy $1.00 $19.60 per ~ Atty's Corem % _ Other Costs Atty Paid $125.30 Plaintiff Paid Date: M:~y_~ _2 0 01 REQUESTING PARTY! Name_ Joseph A. Goldbeck, Jr., Esq. Suite 5U0 - T~e Sourse. Ul~g.- Address: 1[1 S. InAe~nd~n~e W[~'I 1 P,6e.I- Philadelphia, PA 19106 A~orney for~ Plaintiff Telephone: 215-627-1322 Supreme Court ID No. 16132 Curtis R. Long Prothonotary, Civil Division REAL ES'fATE SALE Illo. ,'~ ~ ~L~ .74 ,~00 / ~ ~r~er~ ~ev~eO upon me interest in the real property situated in Cumberland County, Pa., known and nurr~ as:, ¢9 ~¢/~~ more fully described on ~ "A" flied wtth mis writ a~l by GE Capital Mortgage Services, Inc. Plaintiff Vs. James C. Young Susan M. Young CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION (Mortgagor and Real Owner) (Real Owner only) Defendant(s) .-NO. 01-1225-Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 GE Capital Mortgage Services, Inc., Plaintiff in the above action, by its attorney, Joseph Goldbeck, Jr., 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 3910 Brookridge Drive, Mech~nicsburg. PA 17055. James C. (Mortgagor ~nd Real Owner) Susan M. yo.r~ (Real Owner only) o Name and address of owner(s) or reputed owner (s): Name Address (if address cannot be reasonably ascertained, please so indicate) 3500 Ada Drive Mecha~icsburg, PA 17050 3500 Ada Drive Mechanicsburg, PA 17050 Name and address of defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SA~R. AR AmOVE 3. Name is a Name and address of every judgment creditor whose judgment record lien on the real property to be sold: Address (if address cannot be reasonably ascertained, please so indicate) Name and address mortgage of record: Name of the last recorded holder of every Address {if address cannot be reasonably ascertained, please so indicate) 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please so indicate) 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 Address (if address cannot be reasonably ascertained, please so indicate) C~mherland Co,,nt~ Dept. of Dnmestic Relatioms p.O. Box 320 Carlisle. PA 17013 Pa Dept. of P,~hllc Welfare Bureau of Child S~port Enforc.ment ~ealth ~nd Welfare Bldq, P.O. Box 2675 Harrisburg. PA 17105 Room 432 7 o Name and address of every other person of whom the plaintiff has knowledge that has any interest in the property that may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) 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. #4904 relating to unsworn falsification to authorities. May 15, 2001 At t ~eyt~or Plaintiff GOLDBECK McCAFFERTY & McKEEVER By: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 (215) 627-1322 ATTORNEY FOR PLAI/TTIFF GE Capital Mortgage Services, Plaintiff Vs. Inc. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION James C. Young Susan M. Young (Mortgagor and Real Owner) (Real Owner only) Defendant(s) : NO.01-1225-Civi1 Term NOTICE OF SHERIFF'S SAI.E OF R~AL ESTATE TO: Susan M. Young 3500 Ada Drive Mechanicsburg, (Real Owner only) PA 17050 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ~2qY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at 3910 Brookridqe Drive. Mecha~icsburg, PA 17055, is scheduled to be sold at the Sheriff's Sale on Septmmher 5. 2001 at 10:00 a.m., in Cumberland County, Cumberland County Courthouse, Commissioners Hearing Room, 2TM Floor, Carlisle, PA 17013 to enforce the court judgment of $119.259.54 obtained by GE Capital Mort~aqe Services, Inc. (the mortgagee) against you. NOTICE OF OWI~ER'S RI~TS YOU MAY BE ~mLE TO PREVENT T~IS SHERIFF'S SAT.E To prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the Back payments, late charges, costs and reasonable attorneys Fees due. To find out how much you must pay, you may call: (215~ 627-1322 You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to'assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. {See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ARLE TO SAVE YOUR PROPERTY AND YOU ~AVE OTHER RIGHTS EVEN IF THE S~ERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (2~5) 627-1322. 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 the Sheriff's office at ~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 this 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 proposed schedule of distribution of the money bid for your house will be prepared 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 posting of the Schedule of Distribution. 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 Bar Association 2 Liberty Avenue Carlisle, PA 17103 (800) 990-9108 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17103 (717) 243-9400 ALL THAT CERTAIN piece, tract or parcel of land situate in Hampden Township, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of Brookridge Drive, which point is at the line dividing Lots Nos. 109 and 110, on the hereinafter mentioned Plan of Lots; thence along said dividing line South 02 degrees 41 minutes East 135 feet to a point; thence South 87 degrees 19 minutes 95 feet to a point; thence North 02 degrees 41 minutes West 135 feet to the southern line of Brookridge Drive; thence along the same North 87 degrees 19 minutes East 95 feet to the place of BEGINNING. Having thereon erected a dwelling known and numbered as 3910 Brookridge Drive, erroneously typed in previous deed as 2910 Brookridge Drive. Tax Parcel # 10-17-1035-112 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 thc 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: JLrLy 20, 27, AUGUST 3, 2001 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. ~ ~TAT~ 8AL~ NO. 16 Writ No. 2001-1225 Clv/l GE Capita] Mortgage Services, ]nc. VS. James C. Young {Mortgagor and Real Owner} SusaIl M. Young (Real Owner only) Atty.: Joseph A, Goldbeck, Jr. ALL THAT CERTAIN piece, tract or parcel of land situate in Hampden Township, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and de- scribed as follows, to wit: BEGINNING at a point on the soutl~_~lln~e~ of Bro~o_kr[dg%p_r~ye, Roge/M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 3 .day of AUGUST, 2001 THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager 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 aforesaJd; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 24th and 31st day(s) of July and the 7th day(s) of August 2001. 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 Compan..y and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in.~/lisc/ellaneous Book "M', Volume 14, Page317. ..... $ A L E #16 M~ C~ E~ir~ ~ ~ NO~AR~ PUBLIC M~, CUMBERED ~U~ SHERI~S CUMBERED ~U~ ~U~SE OARUSLE, PA. 17013 ~ Statement of Advertising Costs ~ To THE PATRIOT-NEWS CO., Dr, ~4.t. TH~? CFJ~I'~-'~:~i~'~. ~-a=?~ ,~ For publishing the notice or publication attached ~a~ ~itua~e in Harold'. ~'?~.'~ ~.~t hereto on the above stated dates $ 168.09 .~ ~i¢~la~ ~ ~ ~r~d ~ Probating same Notary Fee(s) $ 1.50 ~ .c ,ia ~e~ Total $ 169 59 ~ [] ~~~Jblisher's Receipt for Advertising Cost ~ ~ ~blisher of The Patriot-News and The Sunday Patriot-News, newspapers of general cir( ~ ~)ceipt of the aforesaid notice and publication costs and certifies that the same have bee' ~ ~ SCHEDULE OF DISTRIBUTION SALE NO. 16 Writ No. 2001-1225 Civil Term GE Capital Mortgage Services, Inc. VS James C. Young and Susan M. Young Filed October 5, 2001 Date of Sale: Buyer: Bid Price: September 05, 2001 GE Capital Mortgage Services Inc. $6O,O0O.OO Real Debt $119,259.54 Interest 2,214.80 Attorney writ costs 125.30 Total $121,599.64 Distribution Amount Collected Legal Search Sheriff's Costs $2,015.84 200.00 1,815.84 So Answem: R. Thomas Kline, Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 16 Held Wednesday, September 5, 2001 Date: September 5, 2001 TAXES: Receipts for all taxes for the years 1998 to 2000 inclusive. Taxes for the current year 2001. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated ,2001, and recorded ,2001, in Cumberland County Deed Book , Page RECITAL: BEING the same premises which James C. Young, by deed November 28, 1999 recorded December 6, 1994 in the Office of the Recorder of Deeds in and for Cumberland County in Carlisle, Pennsylvania in Deed Book 115 Page 938 granted and conveyed to James C. Young and Susan M. Young, husband and wife. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the dosing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of Brookridge Drive. 6, Conditions, easements and restrictions shown on or set forth on Plan No. 9 of Ridgeland recorded in Cumberland County Plan Book 23, Page 59. Mortgage in the amount of $101,600.00 given by James C. Young to Norwest Mortgage, Inc. dated November 29, 1994 recorded August 4, 1995 in Mortgage Book 1226 Page 861. Assigned to G.E. Capitol Mortgage Services, Inc. by instrument recorded in Miscellaneous Record Book 491, Page 341. Complaint in Mortgage Foreclosure filed by G.E. Capital Mortgage Services as Plaintiff against James C. Young and Susan M. Young as Defendants in the Office of the Prothonotary of Cumberland County to file number 2001-1225. Default judgment entered May 18, 2001 in the amount of $119,259.54. Open-end mortgage in the amount of $41,075.00 given by James C. Young and Susan M. Young to the Provident Bank dated June 18, 1998 recorded July 2, 1998 in Mortgage Book 1465, Page 355. Mortgage in the amount of $11,000.00 given by Susan M. Young to TMS Mortgage Inc. dated June 25, 1999 recorded June 30, 1999 in Mortgage Book 1553, Page 1120. Assigned to American General Finance, Inc. by instrument recorded in Miscellaneous Record Book 679, Page 573. 10. Municipal lien file by Hampden Township as Plaintiff against James C. Young and Susan M. Young as Defendants in the Office of the Prothonotary of Cumberland County on August 15, 2001 to file number 2001-4803 in the amount of $430.21. 11. Rights granted to Pennsylvania Power and Light Company and Bell Telephone Company of Pennsylvania by instrument recorded in Miscellaneous Record book 160, Page 627. 12. Rights granted to Bell Telephone Company of Pennsylvania by instrument recorded in Miscellaneous Record Book 179, Page 463. 13. Rights granted to Bell Telephone Company of Pennsylvania by instrument recorded in Miscellaneous Record Book 246, Page 551. 14. Rights granted to Pennsylvania Power and Light Company by instrument recorded in Miscellaneous Record Book 265, Page 521. 15. Rights granted to Bell Telephone Company of Pennsylvania and Pennsylvania Power and Light Company by instrument recorded in Miscellaneous Record Book 266, Page 537. 16. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 17. Real estate taxes accruing on and after January 1, 2002 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. until countersigned by au authorized signatory. REAL ESTATESALENO. 16 Writ No, 2001-1225 Civil GE Capital Mortgage Services, Inc. vs. James C. Young {Mortgagor and Real Owner) and Susan M. Young {Real Owner only) Atty.: Joseph A. Goldbeck, Jr. ALL THAT CERTAIN piece, tract or parcel of Iand situate in Hampden Township, Comaty of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and de- scribed as follows, to wit: BEGINNING at a paint on the southern line of Braokrldge Drive, which point is at the line dividing Lots Nos, 109 and 110, on the here- inafter mentioned Plan of Lots; thence along said dividing line South, 02 degrees 41 rn/nutes East 135 feet to a point; thence South 87 degrees 19 minutes 95 feet to a point; thence North 02 degrees 4l minutes West 135 feet to the southern line of Brookrldge Drive; thence along the same North 87 degrees 19 minutes East 95 feet to the place of BEGIN~ NING. Having thereon erected a dwell- lng known and numbered as 3910 Brookridge Drive, erroneously typed in previous deed as 2910 Br~okridge Drive, Tax Pa~-cel #10-17o1035-112. STATE OF PENNSYLVANIA, COUNTY OF CUMBERLANDI ss. Eobert P Ztegler I, .............................................................................. Recorder of Deeds in and for said County and State do'hereby c~rtify that thc Sheriff's Deed in which ................ GE CApital Mtg Ser¥ Inc .................................................................................... is the grantee 5th the same having been sold to sa~d grantee on the ............................................... day of September A.D., · 01 under and by virtue of a writ Execution 18th ................................................ issued on the day of ...... .M_a.~ ................ A.D., 01 ..... ~ out of thc Court of Comman Picas of said County'a~ of 01 Civi 1 1225 GE CApital Mtg Serv Inc Number .............. , at the suit of ............................................................... James C Young & Susan M ................................... against .................................................... 248 4055 duly recorded in Sheriffs Deed Book No ............. , Page ............. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of saxd office th~s ..... ~ .... day of ~ A.D., ~o t I~ecord~ o~ De~'s, Cumberland Coui'~ty. Cs.~'~. le, lay f, ommissio~ E~p~.s the First Monday ~ Jan. GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation By: Michael T. McKeever, Esquire Attorney I.D. # 56129 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff GE CAPITAL MORTGAGE SERVS. INC. 4680 Halhnark Parkway San Bemardino, CA 92407 Plaintiff VS. JAMES C. YOUNG and SUSAN M. YOUNG (Mortgagor and Record Owner) 3910 Brookridge Drive Mechanicsburg, PA 17055 and PROVIDENT BANK 407 Vine Street Cincinnati, OH 45202 Defendant Respondent 1N THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY NO. 01-1225 PETITION OF PLAINTIFF TO CONFIRM SHERIFF'S SALE AND FOR OTHER RELIEF Plaintiff, GE Capital Mortgage Servs. Inc., by counsel, moves this Honorable Court to confirm the Sheriffs Sale and for other relief and assigns the following reasons therefore: 1. Plaintiff's Complaint in Mortgage Foreclosure was filed on March 2, 2001. 2. The real property foreclosed upon is located at 3910 Brookridge Drive, Mechanicsburg, PA 17055. 3. On or about May' 18, 2001, an in rem judgment in mortgage foreclosure was entered in favor of Plaintiff and against Defendant in the amount of $119,259.54. 4. The Sheriff's Sale of the property was held on September 5, 2001 and Plaintiffwas the successful bidder in the amount of $60,000.00 5. After the sale, Plaintiff discovered that Respondent Provident Bank had not been mailed a notice of Sheriffs Sale. 6. The Notice of Sale was posted upon the property and was advertised in the legal newspaper and general circulation newspapers of Cumberland County on three occasions in the month before the sale. 7. It is believed and therefore averred, that Respondent knew, or should have known through the exercise of due diligence, about the ShefiWs Sale and chose not to bid at the sale. 8. Respondent Provident Bank either chose not to bid or it would not have bid at the September 5, 2001 Sheriff's Sale as there was little or no equity over and above the first mortgage interest of Plaintiff. Plaintiffs judgment is $119,259.54, plus costs of the sale of $2,015.84, for a total of $121,275.38. PlaintiWs assignee has the property under an agreement of Sale for a net sale price of $129,500.00, less an $8,000.00 realtor commission and other costs. Plaintiff is recovering less than $121,500.00 on the resale of the property. 9. Respondent has been offered the opportunity to purchase Plaintiffs lien position and has refused to do so. WHEREFORE, Plaintiff prays that the Court enter the attached order confirming the Sheriff's Sale. Respectfully submitted, GOLDBECK McCAFFERTY McKEEVER MICHAEL T. Iv~¢KEEVER, ESQUIRE Attorney for Plaintiff GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation By: Michael T. McKeever, Esquire Attorney I.D. # 56129 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff GE CAPITAL MORTGAGE SERVS. INC. 4680 Hallmark Parkway San Bernardino, CA 92407 Plaintiff VS. JAMES C. YOUNG and SUSAN M. YOUNG (Mortgagors and Real Owners) 3910 Brookridge Drive Mechanicsburg, PA 17055 and PROVIDENT BANK 407 Vine Street Cincinnati, OH 45202 Defendants Respondent 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 01-1225 VERIFICATION Michael T. McKeever, Esquire, hereby states that he is the attorney for Plaintiff herein, and that all of the facts set forth within the attached Motion to Confirm Sale and divest the hen are tree and correct to the best of his knowledge, information and belief. The undersigned understands that the foregoing statements are made subject to the penalties of 18 P.S. Section 4904. ~OLDBECK McCAFFERTY McKEEVER Michael T. McKeever, Esquire GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation By: Michael T. McKeever, Esquire Attorney I.D. # 56129 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff GE CAPITAL MORTGAGE SERVS. INC. 4680 Hallmark Parkway San Bemardino, CA 92407 Ph~intiff VS. JAMES C. YOUNG and SUSAN M. YOUNG (Mortgagor and Record Owner) 3910 Brookridge Drive Mechanicsburg, PA 17055 and PROVIDENT BANK 407 Vine Street Cincinnati, OH 45202 Defendants Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 01-1225 MEMORANDUM OF LAW Respondent did not receive notice of the sale by mail pursuant to Pa.R.C.P. 3129 and therefore a lien interest may not have been discharged or divested by the Sale. This has created a cloud on Plaintiff's title and prevented Plaintiff and/or its investor from conveying title to any other party. There is no equity over and above the Plaintiff's lien which would have benefited the Respondent even if proper notice was given and Respondent had appeared and bid at the sale. Accordingly, there is no equitable reason to require Plaintiff to conduct a new sale, as there is no possibility of any benefit to the Respondent. Accordingly, the Sheriff's Sale should be confirmed and the lien of the Respondent discharged and divested as if proper notice under Pa.R.C.P. 3129.1 et seq had been given. Damage to Respondent if any, should be hmited to an action of law. This Court has jurisdiction to either divest the lien of order a resale. As a resale will likely result in the Respondem, Provident Bank deciding not to bid, such an exercise is wasteful and unnecessary. As there is no equity inuring to the benefit of the junior lienholder/Respondent Provident Bank, the Court should order that the lien be divested as if notice had been mailed. GAMBLER V. HUYETT, 679 A.2d 831,451 Pa. Super. 351. A copy of the opinion is attached as an Exhibit for the Court's reference. CONCLUSION For all the reasons discussed above, the Court shall enter the attached proposed Order. By: GOLDBECK McCAFFERTY McKEEVER Attomey for Plaintiff GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation By: Michael T. McKeever, Esquire Attorney I.D. # 56129 Suite 500 - The Bourse Bldg. I 11 S. Independence Mall East ?hiladelphia, PA 19106 215-627-1322 Attorney for Plaintiff GE CAPITAL MORTGAGE SERVS. INC. 4680 Hallmark Carkway San Bernardino, CA 92407 Plaintiff VS. JAMES C. YOUNG and SUSAN M. YOUNG (Mortgagor and Record Owner) 3910 Brookridge Drive Mechanicsburg, PA 17055 and PROVIDENT BANK 407 Vine Street Cincinnati, OH 45202 Defendants Respondent CERTIFICATE OF SERVICE 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 01-1225 Michael T. McKeever, Esquire, hereby certifies that he did serve true and correct copies of Plaintiff's Petition to Confirm Sheriff's Sale and to Divest Lien and Memorandum of Law in Support and all supporting papers by first class mail, postage pre-paid, on this day of January 2002~upon the following: James C. Young and Susan M. Young 3910 Brookridge Drive Mechanicsburg, PA 17055 James C. Young and Susan M. Young 3500 Ada Drive Mechanicsburg, PA 17050 Provident Bank 407 Vine Street Cincinnati, OH 45202 Facsimile: (513) 345-7831 /~ Attn: Stephanie ~ GC~LT)BECK McCAFFERTY McKEEVER Michael T. McKeever, Esquire 679 A.2d 831 Page 1 (Cite as: 451 Ps. Super. 351, 679 A.2d 831) Superior Court of Pennsylvania. Mildred GAMBLER, Appellant, Scott L. HUYETT, Administrator for the Estate of Lance A. Williams, and Deborah L. Palmer and Fleet Mortgage Corp., Terre Tenant, Appellees. FLEET MORTGAGE CORP., Appellee, Lance A. WILLIAMS, Umnarried, and Deborah L. Palmer, Unmarried, and Mildred Gambler and Scott L. Huyett, Administrator for the Estate of Lance A. Williams, Appellees. Appeal of Mildred GAMBLER. Argued April 11, 1996. Filed July 31, 1996. Creditor who had obtained personal injury judgment against mortgagor filed praecipe for issuance of writ of revival to have his liability judgment revived as priority lien against mortgaged property. The Court of Common Pleas, Berks County, Civil Division, Nos. 4867-93 A.D., 4788-92 A.D., 4127-93 J.D., 6035-92 A.D., 2745-93 J.D., and 252-93 E.D., Stallone, I., granted foreclosing mortgagee's motion for judgment on pleadings, and creditor appealed. The Superior Court, Nos. 2658 and 2659 Philadelphia 1995, Cirillo, President Judge Emeritus, held that trial court's order setting aside original sheriffs sale and ordering that sale be rescheduled with notice to plaintiff, who had recorded his judgment after entry of judgment in mortgage foreclosure action, cured any prejudice to plaintiff for mortgagee's alleged failure to give proper notice of sheriffs sale. Affirmed. Beck, J., concurred in judgment and filed opinion. West Headnotes Appeal and Error ~:::~863 }9k863_ Most Cited Cases In reviewing trial court's grant of motion for judgment on pleadings, appellate court exercises plenary review and will apply same standard employed by trial court, confining its consideration to pleadings and relevant documents. 2~] Pleading ~:;:~350(4) 302k350(4) Most Cited Cases On motion for judgment on pleadings, court must accept as tree all well pleaded statements of fact, admissions, and any documents properly attached to pleadings presented by party against whom motion is filed, and can consider only those facts wirier are specifically admitted. 3~1 Pleading ~g>343 302k343 Most Cited Cases Court may grant judgment on pleadings only where moving party's right to succeed is certain and cases so free from doubt that trial would clearly be fruitless exercise. Appeal and Error ~3;:~916(1) 30k916([) Most Cited Cases In reviewing challenge to judgment on pleadings, appellate court accepts opposing party's well pleaded facts, Mortgages ~:::~529(10) 266k529(10) Most Cited Cases Trial court's order setfmg aside sheriffs sale and ordering that sale be rescheduled with notice to creditor that recorded its judgment al%r default judgment in mortgage foreclosure action, but prior to sale, cured any prejudice caused by mortgagee's alleged neglect in failing to give proper notice and was proper remedy for lack of notice. Rules Civfl~roc. Rule 3129.1, 42 Pa.C.S.A. 6[6j Execution 8113 16~lk 113 Most Cited Cases Creditor that obtained arbitration award against mortgagor on his personal injury chftms, but that did not reduce award to judgment for payment of money until more than two months after mortgagee obt:fmed default judgment in mortgage foreclosure action and filed praecipe for writ of execution, did not have enforceable lien on mortgaged property at time mortgagee petitioned for writ of execution. ~'832 *353 John A. Fielding, III~, ReacYmg, for Mildred Gambler. Nicholas J. Scafidi, Philadelphia, for Fleet Mortgage Corp., appellee. Copt. © West 2001 No Claim to Orig. U.S. Govt. Works 679 A.2d 831 (Cite as: 451 Pa. Super. 351, 679 A.2d 831) Before C1RILLO, President Judge Emeritus, BECK, J, and CERCONE, President Judge Emeritus. CIRILLO, President Judge Emeritus: Plaintiff/appellant, Mildred Gambler, appeals from two orders entered in the Court of Common Pleas of Berks County.. [FN1] The first order granted appellee Fleet Mortgage Corporation's motion for judgment on the pleadings. The second order granted Fleet's motion to set aside a sheriffs sale. We FN1. These appeals have been consolidated pursuant to Pa.R.A.P. 513. Briefly, this case involves two parties vying for priority liens on real property located in Reading. The parties are Mil&ed Gambler, a plaintiff who recovered a default judgment in a personal injury action against the now deceased owner of the property, and Fleet Mortgage, which recovered a default *354 judgment in a mortgage foreclosure action on the property. Gambler's damages judgment was not recorded until after Fleet Mortgage recovered its default judgment on the mortgage. Gambler's damages judgment, however, was recorded prior to the sheriffs sale. Fleet neglected to notify Gambler of the impending sale in violation of Pa.R.C.P. 3129.1; however, the trial court set aside the sherif/?s sale and ordered the sale rescheduled with specific notice to Gambler. Despite the fact that the order places Gambler in the same position as before the original sale, Gambler has appealed the order setting aside the sale, as well as the order granting Fleet judgment on the pleacYmgs. Mildred Gambler initiated an underlying action in this case against Lance A. Williams, seeking damages for personal injuries sustained in an automobile accident. In that action, the court entered a default judgment against Williams on the issue of liability. That judgment was entered on October 28, 1992. Damages were to be determined at a later date by the Board of Arbitrators. On November 16, 1992, three weeks after the entry of Gambler's default judgment, Fleet Mortgage Corporation commenced a mortgage foreclosure action against Page 2 Williams and Deborah A. Palmer. Williams and Palmer were co-owners of the property located at 411 Birch Street in Reacgmg, Pennsylvania, holding as joint tenants with the right of survivorship. On April 21, 1993, Fleet entered a default judgment against Williams and Palmer. On that same date, Fleet filed a pmecipe for a writ of execution without Pa,R.C.P. 3129.1 ~ *355 notice to Gambler. Thereafter, Williams died. Scott L. Huyett, Esqffure, administrator of Williams' estate, was substituted in the Gambler action. FN2. Rule 3129.1 provides in relevant part: RULE 3129.1 SALE OF REAL PROPERTY. NOTICE. AFFIDAVIT. (a) No sale of real property upon a writ of execution shall be held until the plaintiff has filed with the sheriff the affidavit required by subdivision (b) and the notice required by Rule 3129.2 has been served. (b) The affidavit shall set forth to the best of the affiant's knowledge or information and belief as of the date of the praecipe for the writ of execution was filed the name and ad&ess or whereabouts of (1) the owner or reputed owner of the real property and of the defendant in the judgment; and (2) every other person who has a record lien on that property; and (3) every other person who has any record interest in that property which may be affected by the sale; and (4) every other person who has any interest in that property not of record which may be affected by the sale and of which the plaintiff has knowledge. Pa.R.C.P. 3129.1 (emphasis added). On June 18, 1993, the Board of Arbitrators awarded Gambler $7,500.00 in damages. The award was reduced to judgment on July 1, 1993. [FN3/ Eight days later, on July 9, 1993, **833 pursuant to the writ of execution, Fleet purchased the property at a sheriffs sale for $840.38. FN3. Gambler recorded the judgment against appellee Scott L. Huyett, Esquire, Copr. © West 2001 No Claim to Orig. U.S. Govt. Works 679 A.2d 831 (Cite as: 451 Pa.Super. 351, 679 A.2d 831) since Huyett had been appointed as Administrator of Williams' estate. On August 3, 1993, on motion filed by Gambler, and in order to allow her to execute on the real property, the court issued a role upon both Huyett and Palmer to show cause why the caption of the underlying action should not be amended to formally substitute Huyett as a party defendant in place of Williams, and to add Palmer as a party defendant. Inasmuch as neither Huyett nor Palmer responded, the court granted Gambler's motion. Gambler filed a praecipe for the issuance of a writ of revival of (adverse) judgment against Huyetr, as Administrator of Williams~ estate, Palmer, and Fleet Mortgage, as terre tenant. In so doing, Gambler sought to have the liability judgment "revived" as a priority lien against the real property, wW~ch property, at that point, was titled in Fleet's name due to the mortgage foreclosure and sheriffs sale. The writ of revival was served upon Huyett, Palmer and Fleet Mortgage. ~FN4~ The prothonotary indexed the writ in the judgment docket against Williams, Palmer and Fleet Mortgage. Fleet filed an answer to the writ with new matter, objecting to the prothonotary's indexing of the writ on the docket. Gambler filed a reply. FN4. Gambler failed to timely serve the writ upon Fleet. Accordingly, Gambler caused the writ to be reissued on November 5, 1993 and subsequently served it upon Fleet on November 23, 1993. *356 On March 29, 1994, Fleet Mortgage filed a motion for judgment on the pleadings with a supporting brief which contained affirmative defenses not included in its new mat~er. Gambler filed a brief in support of the writ of revival, answering the affirmative defenses not raised in new matter. Gambler then tiled a praecipe for oral argument asking the trial court to determine that her "lien" had priority over the lien created by Fleet's default judgmem. The trial court heard argument. The court denied Gambler's request, finding that the matter was not ripe for decision because it was still at the pleading stage, and noting that Fleet's motion for judgmeut on the pleadings remained pending. Page 3 Gambler appealed that order to this court. We quashed the appeal. Gambler v. Huyett, et al., 1727 Phila. 1994, filed March 22~ 1995, 442 Ps. Super. 684, 660 A.2d 660 (J. A08018/95, memorandum decision). ~Paereafter, argument was held on Fleet's motion for judgment on the pleadings. The Honorable Albert A. Stallone entered an order granting Fleet's motion for judgment on the pleadings and dismissing Gambler's writ of revival. Gambler appealed, and now raises the following claims: 1. Did the trial court erroneously grant appellee Fleet Mortgage Corporation's motion for judgmant on the pleadings since there was a disputed issue of material fact appearing on the pleadings? 2. Did the trial court err by granting appellee Fleet Mortgage Corporation's motion for judgment on the pleadings since appellant Mildred Gambler was not notified of Fleet Mortgage Corporation's sheriff's sale pursuant to Pa.R.C.P. 3129.1 and 3129.~2, she possessed an interest in real property affected by the sheriffs sale, and she eventually possessed a lien that should have continued undischarged on the property due to the lack of notice? Gambler's claim in her appeal from the Wial court's order setting aside the sheriff's sale and ordering reissuance of the writ of execution and specifying notice of the sale to counsel for Gambler, is framed as follows: *357 Is the issuance of an order setting aside a sheriffs sale an improper remedy for Fleet Mortgage Corporation's failure to notify appellant Mildred Gambler of the July 9, 1993 sheriffs sale affecting her interest in real property in accordance with Pa.R.C.P. 3129.1 and 3129.27 ~ In reviewing a trial court's decision granting a motion for judgment on the pleadings, the appellate court's scope of review is plenary; the appellate court will apply the same standard employed by the trial court, confining its consideration to the pleadings and relevant documents. Jones v. Travelers' Insurance Co., 356 Pa. Super. 213, 215-17, 514 A.2d 576, 578 (1986); Vogel v. BerkleF, 354 Pa. Super. 291, 295-97, 511 A.2~6~. The court must accept as hue all well pleaded statements of fact, admissions, **834 and any documents properly attached to the pleadings presented by the party against whom the motion is filed, considering only those facts which were specifically admitted. The court may grant judgment on the pleadings only where the moving party's right to succeed is certain and the case is so free from Copr. © West 2001 No Cl~um to Orig. U.S. Govt. Works 679 A.2d 831 (Cite as: 451 Pa. Super. 351, 679 A.2d 831) doubt that trial would clearly be a fruitless exercise. Jones, supra; Vogel, supra. 4[~ We note initially that Gambler's first issue on appeal is not appropriate on review of an order granting a motion for judgment on the pleadings. Claims regarding disputed issues of material fact are relevant to a summary judgment challenge. See Pa~R.C.P. 1035(b/. See also Thompson Coal Co. v. Pike Cord Co.. 488 Pa. 198, 412 A.2d 466 (1979). In reviewing a challenge to judgment on the pleadings, we accept the opposing party's well pleaded facts. Thus, Gambler's claim that the facts are disputed exceeds the objective of her argument. We, then, move on to review the propriety of the court's order granting Fleet's motion for judgment on the pleadings. ~ In support of its order granting Fleet's motion, the trial court stated the following reasons on the record: 1. The pleadings reveal that the only judgment in favor of Gambler at the time Fleet filed its praecipe for the writ of *358 execution on the mortgage foreclosure action, was a judgment establishing general liability and not a judgment for the payment of money; 2. Under section 4303(a) of the Judicial Code, 42 Pa.C.S.A. § 4303(a), only judgments or other orders of court for the payment of money are liens on real property; and 3. Gambler's general liability judgment, therefore, was not a lien on the real property in question prior to the mortgage foreclosure lien placed on the real property by Fleet. A brief chronology of the relevant events will aid in our review: October 28, 1992--Default judgment in favor of Gambler's personal injury action against Williams (general liability--no determination of damages as of this date) April 21, 1993--Fleet Mortgage's default judgment on the mortgage foreclosure action recorded; Praecipe for writ of execution July 1, 1993~-Gambler's arbitration award (damages) reduced to judgment July 9, 1993--Sheriffs sale (property purchased by Fleet) Gambler argues that Fleet's failure to notify her of the impending sheriffs sale entitled her to have her October 28, 1992 judgment entered as a priority lien against the property. [FN5] Gambler contends that this general liability judgment served as "constructive notice" to Fleet of her interest in the property under Page 4 42 Pa.C.S.A. § 4302. She maintains that since Fleet failed to prove that it notified her in writing in accordance with Pa.R.C.P. 3129.1, that Fleet took title subject to her July 1, 1993 damage judgment. FN5. As indicated above, Fleet Mortgage sought re&ess by filing a petition to set aside the sheriffs sale. llae court granted this request and specified that Fleet notify Gambler's attorney of the reissuance of the writ ofexecution and resale of the property. Gambler maintains in the appeal from that order that this did not remedy the wrong for which she sought relief, that is, Fleet's failure to notify her of the impending sheriffs sale. It appears that the court's order would place Gambler in the same situation had she been given original notice as required by Pa.R.C.P. 3129.1. We, therefore, are unable to discern the import of Gambler's claim. *359 Accepting Gambler's well pleaded facts as true, we find that the trial court correctly concluded that Fleet's right to prevail is clear. First, without passing on the question of whether Gambler's liability judgment was a "document affecting title to or any other interest in real property" and, therefore, whether Fleet was required to comply with the sheriff sale notification roles in light of the fact that Gambler's judgment was not a money judgment, see Pa.R.C.P. 3129.1 and 42 Pa.C.S.A. § 4302(a), [FN6] we fred that the court's **835 order in the related appeal, which set aside and rescheduled the sale, has countered the prejudice caused by Fleet's neglect. FN6. Section 4302(a) of the Judicial Code provides: (a) Real property.--Except as otherwise provided by statute or prescribed by general role adopted pursuant to section 1722(b) (relating to enforcement and effect of orders and process), every document affecting title to or any other interest in real property which is filed and indexed in the office of the clerk of the court of common pleas of the county where the real property is situated, or in the office of the clerk of the branch of the court of common pleas embracing such county in the manner required by the laws, procedures or standards in effect at the date of such filing shall be constructive notice to all persons Copr. © West 2001 No Claim to Orig. U.S. Govt. Works 679 A.2d 831 (Cite as: 451 Pa. Super. 351, 679 A.2d 831) of the filing and full contents of such document. 42 Pa.C.S.A. § 4302(a). Additionally, Gambler's damages judgment was entered after Fleet's default judgment on the mortgage foreclosure action. Even though Gambler recovered a default judgment on liability prior to Fleet's recovery default judgment on foreclosure, that judgment, though possibly requiring notice of a sheriff sale, was not necessarily a lien on the real property. Section 4303 of the Judicial Code provides in part: (a) Real property.--Any judgment or other order of a court of common pleas for the payment of money shall be a lien upon real property on the conditions, to the extent and with the priority provided by statute or prescribed by General Rule adopted pursuant to section 1722(b) (relating to enforcement and effect of orders and process) when it is entered of record in the office of the clerk of the court of common pleas of the county where the real property is situated, or in the office of the clerk of the branch of the court of common pleas embracing such county. *360 42 Pa.C.S.A. ~ (As amended 1982, Dec. 20, P.L. 1409, No. 326, art. II, § 201, imd. effective) (emphasis added). Additionally, subsection (b) of section 430_3 provides: (b) Order of court as lien.~-Any other order of a court of common pleas shall be a lien upon real and personal property situated within any county embraced within the judicial district on the conditions, to the extent and with the priority provided by statute or prescribed by general role adopted pursuant to section 1722(b).[ FJ~] FNT. Section 1722(b) of the Judicial Code pertains to the enforcement and effect of orders and process. 42 Pa.C.S.A. § 43032~b~. [~ Here, Gambler's arbitration award was not reduced to a judgment for the payment of money until July 1, 1993, two and one-half months after Fleet had obtained a default judgment in the mortgage foreclosure action and had filed a praecipe for a writ of execution. Thus, Gambler did not have an enforceable lien on the property at the time Fleet petitioned for writ of execution. Cf Federal Lam! Bank of Baltimore v. Sustrik. 367 Pa. Super. 582, 533 Page 5 A.2d 169 (1987) (judgment entered and fried but not indexed by prothonotary as money judgment until after subsequent judgment was secured and indexed prior in time was to be accorded secondary status for distribution purposes of money generated from sale of property against which competing judgments were issued; holder of second judgment could not be on notice of existence of judgment order wlticb was not docketed). With respect to the issue raised in the appeal from the order setting aside the sheriffs sale, the question is whether the court's order setting aside the sale and ordering rescheduling with notice to Gambler, appropriately remedied the lack of notice of the sale. Gambler contends that the appropriate remedy is imposition of a "lien" of $7,500.00 upon the premises now owned by Fleet. Pennsylvania Rule of Civil Procedure 3132 provides: Upon petition of any party m interest before delivery of the personal property or of the Sheriffs deed to real property, '361 the Court may, upon proper cause shown, set aside the sale and order a resale as any other order which may be just and proper under the circumstances. Pa.R.C.P. 3132. The question, then, is whether the liability judgment, which was entered prior to the date Fleet praeciped for writ of execution, falls wittfm the definitions in Pa.R.C.P. 3129.1, that is, "a record interest in that property which may be affected by the sale" or an "interest in that property not of record which may be affected by the sale and of **836 which the plaintiff has knowledge." Pa.R.C.P. 3129.1(b)(3) and (4). We find that it does. The order, however, setting aside the sale and ordering missuance of the writ, has, as stated above, countered any prejudice. Gambler will, upon rescheduling of the sheriffs sale, be notified in accordance with the roles of court and her interest, if any, will be protected. Affim~ed. BECK, J., files a concurring opinion. BECK, Judge, concurring: I cannot agree with the analysis employed by the majority. Gambler's lien was discharged by the sheriffs sale of the property triggered by the action of Copt. © West 2001 No Claim to Orig. U.S. Govt. Works 679 A.2d 831 (Cite as: 451 Pa. Super. 351, 679 A.2d 831) the prior lien-holder Fleet Mortgage Corporation's ("Fleet"). However, I must agree that the trial court's order rescheduling the sale of the property should not be disturbed given the procedural posture of this case. In determining the relative priority of Fleet's and Gambler's liens, we must look to the dates that the mortgage was recorded and the dates that Gambler's judgments were entered. See 42 Pa.C.S. § 8141 (Purdons 1982) ("Time from which liens have priority"). On March 17, 1989, the original mortgage in question was recorded. Three days later on March 20, 1989, the mortgage was assigned to Fleet. On July 10, 1989, the assignment was recorded. Neither Gambler's default judgment on liability, entered more than three years later in October, 1992, nor the award of damages, rendered *362 nearly four years later in June, 1993, can possibly be found to have created a lien with priority over Fleet's mortgage lien under the terms of the applicable statute. As a general role, liens and encumbrances on the property sold, even those prior to the execution creditor, are discharged as a result of the sale. L/ss v. ).//edarv Home~, Inc., 388 Pa. 139, 130 A.2d 137 (1957). It is thus clear that Gambler's judgment lien on the property was discharged by the sheriff's sale. With respect to Gambler's claim that her lien should be revived as a remedy for Fleet's failure to give her notice of the sheriff's sale, I would note merely that she has failed to provide any authority for her position that such a remedy exists and that my research has disclosed no such authority. Accordingly, I would conclude that the trial court did not err in refusing to grant the relief requested. Fleet argues that Gambler was not entitled to notice of the sale, and I am inclined to agree. Fleet praeciped for the writ of execution on the property on April 21, 1993. At that hme, although the default judgment in Gambler's favor on liability had been entered, it had not been liquidated to an award of damages, nor had it been entered in the judgment index. Accordingly, at the time of execution, Gambler did not have a record iuterest in the property, see 42 Pa.C.S. § 4302(a); Pa.R.C.P. 3129.1(b)(3), nor is there any indication that Fleet had knowledge of any "interest not of record," see Pa.R.C.P. 3129. l(b)(4), that might have been created by the existence of the default judgment on liability only. Under Pa.R.C.P. 3129.1 ("Sale of Real Property. Notice. Affidavit"), Fleet thus had no duty to provide notice to Gambler at the time that the writ of execution was filed. Nor can I conclude that Page 6 such a duty arose when Gambler's judgment was indexed after issuance of the writ. I would thus be inclined to hold that the original sheriffs sale of the property should stand. However, Fleet did not appeal the order setting aside and reseheduling the sale; indeed, it was at Fleet's suggestion that the rescheduling occurred. As a result, the trial court's order may not be disturbed. I fred appellant's arguments ill-founded and confusing and I find that the majority in responding has obfuscated the law. I would affu'm the trial court's orders for the reasons stated above. END OF DOCUMENT Copr. © West 2001 No Claim to Orig. U.S. Govt. Works GE CAPITAL MORTGAGE SERVICES,: IN THE COURT OF COMMON PLEAS OF INC., : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF JAMES C. YOUNG and SUSAN M. YOUNG, DEFENDANTS PROVIDENT BANK, RESPONDENT : 01-1225 CIVILTERM AND NOW, this ORDER OFCOURT day of January, 2002, a Rule is issued against Provident Bank, to show cause why the petition of plaintiff to confirm sheriff's sale and for other relief should not be granted. Rule returnable fifteen (15) days after service. Edgar B.~k~, J. :saa GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation By: Michael T. McKeever, Esquire Attorney I.D. #: 56129 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF GE Capital Mortgage Services, Inc. 4680 Hallmark Parkway San Bemardino, CA 92407 Vs. James C. Young and Susan M. Young (Mortgagor and Real Owner) 3910 Brookridge Drive Mechanicsburg, PA 17055 And Provident Bank 407 Vine Street Cincinnati, OH 45202 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-1225 AFFIDAVIT OF SERVICE I hereby certify that Court's Fifteen (15) day Rule Returnable of January 10, 2002 for Plaintiff's Petition to Confirm Sheriff's Sale and to Divest Lien and Memorandum of Law in Support and all supporting papers in the above captioned matter was served pursuant to Rule 440 by first class mail on Defendants, James C. Young, Susan M. Young at 3910 Brookridge Drive, Mechanicsburg, PA 17055, and 3500 Ada Drive, Mechanicsburg, PA 17050 and Respondent Provident Bank, 407 Vine Street, Cincinnati, OH 45202 on January 14, 2001. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. {}4904 relating to unswom falsifications to authorities. Sworn to and subscribed ~efore me NOTARIAL SE~ ~leen M. Lion, No~ ~b~c Ciw of Phihdelphia, ~hila. ~uaW My ~mmi~ion ~pi~a May 14, 2004 GOLDBECK, McCAFFERTY & McKEEVER GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation By: Michael T. McKeever, Esquire Attorney I.D. #: 56129 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF GE Capital Mortgage Services, Inc. 4680 Hallmark Parkway San Bernardino, CA 92407 Vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-1225 James C. Young and Susan M. Young (Mortgagor and Real Owner) 3910 Brookridge Drive Mechanicsburg, PA 17055 And Provident Bank 407 Vine Street Cincinnati, OH 45202 ORDER AND NOW, this day of ,2002upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that the Rule entered upon Respondents Provident Bank and James C. and Susan M. Young on January 10, 2002 is hereby made absolute and Plaintiffs Petition to Confirm Sheriff's Sale and to Divest Lien is GRANTED. GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation By: Michael T. McKeever, Esquire Attorney I.D. #: 56129 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 (215) 62%1322 ATTORNEY FOR PLAINTIFF GE Capital Mortgage Services, Inc. 4680 Hallmark Parkway San Bernardino, CA 92407 Vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-1225 James C. Young and Susan M. Young (Mortgagor and Real Owner) 3910 Brookridge Drive Mechanicsburg, PA 17055 And Providem Bank 407 Vine Street Cincinnati, OH 45202 MOTION TO MAKE RULE ABSOLUTE Plaintiff, GE Capital Mortgage Services, Inc., by and through its attorneys, Goldbeck, McCafferty and McKeever, hereby Petitions this Honorable Court to make the Rule to Show Cause Absolute in the above captioned matter and in support thereof avers as follows: Plaintiff filed a Petition to Confirm Sheriff's Sale and to Divest Lien and Memorandum of Law in the above captioned matter on or about January 3, 2002. 2. On January 10, 2002, this Honorable Court emered a Rule to Show Cause Upon Respondent/Defendant Provident Bank requiring that they file a response to the Petition within twenty (15) days after service of the Rule on Respondent. 3. The Rule to Show Cause was served by regular mail on Respondents/Defendants Provident Bank and James C. and Susan M. Young on January 14, 2002 in accordance with the applicable Rules of Civil Procedure, and an Affidavit of Service was filed with this Court. A true and correct copy of the Affidavit of Service is attached hereto as Exhibit A. 4. Respondents/Defendants Provident Bank, and James C. and Susan M. Young have failed to respond or otherwise plead to the Rule Returnable. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order making the Rule absolute and granting Plaimiff's Petition to Confirm Sheriff's Sale and to Divest Lien. GOLDBECK, McCAFFERTY & McKEEVER r, Esquire 4tttomey for GE Capital Mortgage Services, Inc. EXHIBIT "/~" GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation By: Michael T. McKeever, Esquire Attoruey I.D. #: 56129 Suite 500 - The Bourse Bldg. 1 l 1 S. Independence Mall East Philadelphia, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF GE Capital Mortgage Services, Inc. 4680 Hallmark Parkway San Bernardino, CA 92407 VS. James C. Young and Susan M, Young (Mortgagor and Real Owner) 3910 Brookridge Drive Mechanicsburg, PA 17055 And Provident Bank 407 Vine Street Cincinnati, OH 45202 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO, 01-1225 AFFIDAVIT OF SERVICE hereby certify that Court's Fifteen (15) day Rule Returnable of January 10, 2002 for Plaintiff's Petition to Confirm Sheriff's Sale and to Divest Lien and Memorandum of La,x, in Support and all supporting papers in the above captioned matter was served pursuant to Rule 440 by first class mail on Defendants, James C. Young, Susan M. Young at 3910 Brookridge Drive, Mechanicsburg, PA 17055, and 3500 Ada Drive, Mechanicsburg, PA 17050 and Respondent Provident Bank, 407 Vine Street, Cincinnati, OH 45202 on January 14, 2001. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsifications to authorities. Sworn to and subscribed betore me NOTARIAL SEAL Kathleen M. Lion, Notary Public City of Philaddphia, Phila. County My Commi~ion Expirel May 14,200_4. GOLDBECK, McCAFFERTY & McKEEVER fi/Attorney for GE Capital Mortgage Services, Inc. VERIFICATION MICHAEL T. McKEEVER, ESQUIRE hereby states that he is the attorney for Plaintiff herein, mad that all of the facts set forth in the attached Motion to Make Rule Absolute is true and correct to the best of his knowledge, information and belief. The undersigned understands that statements herein are made subject to the penalties of 18 P.S. section 4904. M~hael T. McKeev~, Esquire ,6ttomey for Plaintiff GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation By: Michael T. McKeever, Esquire Attorney I.D. #: 56129 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF GE Capital Mortgage Services, Inc. 4680 Hallmark Parkway San Bernardino, CA 92407 Vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-1225 James C. Young and Susan M. Young (Mortgagor and Real Owner) 3910 Brookridge Drive Mechanicsburg, PA 17055 And Provident Bank 407 Vine Street Cincinnati, OH 45202 CERTIFICATION OF SERVICE I hereby certify that a tree and correct copy of Plaintiff's Motion to Make Rule Absolute was sero by first class mail, postage pre-paid, upon the following on the date listed below: .lames C. Young and Susan M. Young 3910 Brookridge Drive Mechanicsburg, PA 17055 And 3500 Ada Drive Mechanicsburg, PA 17050 Provident Bank 407 Vine Street Cincinnati, OH 45202 Date: GOLDBECK, McCAFFERTY & McKEEVER M~hael T_. t[4_c_Keev_er, Esquire p~ttomey for Plaintiff