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HomeMy WebLinkAbout04-5714 FEDERMAN PHELAN, LLP LA WRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 GE CAPITAL MORTGAGE SERVICES, INe. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 A TTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. 04 - .57''1 Qi"Lt"RR.'"J CUMBERLAND COUNTY v, ESTATE OF RUSSELL A. DODDS ERIK W. DODDS, ADMINISTRATOR, HEIR, AND ALL HEIRS AT LAW OF THE ESTATE OF RUSSELL A. DODDS 1201 GEORGETOWN CIRCLE CARLISLE, PA 17013 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MA Y BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THA T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 File #: 96287 File #: 96287 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is GE CAPITAL MORTGAGE SERVICES, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known addressees) of the Defendant(s) are: EST ATE OF RUSSELL A. DODDS ERIK W. DODDS, ADMINISTRATOR, HEIR, AND ALL HEIRS AT LAW OF THE ESTATE OF RUSSELL A. DODDS 1201 GEORGETOWN CIRCLE CARLISLE, P A 17013 who is/are the real owner(s) of the property hereinafter described. 3, On 11/19/1993 RUSSELL A. DODDS, made, executed and delivered a mortgage upon the premises hereinafter described to NORWEST MORTGAGE INCORPORATED which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. Book: 1180, Page: 536. By Assignment of Mortgage recorded 10/20/1999 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 559, Page 1012. 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 04/01/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 96287 6, The following amounts are due on the mortgage: Principal Balance Interest 03/01/2004 through 11/08/2004 (Per Diem $38.98) Attorney's Fees Cumulative Late Charges 11/19/1993 to 11/08/2004 Cost of Suit and Title Search Subtotal $175,421.97 9,861.94 1,225.00 294.96 $ 550.00 $ 187,353.87 Escrow Credit Deficit Subtotal 0.00 3,602.15 $ 3,602.15 TOTAL $ 190,956.02 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 ofa third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged, 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant( s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. By virtue pfthe death of CHARLOTTE DODDS on 12/26/2000, RUSSELL A. DODDS became the sole owner of the mortgaged premises as surviving tenant by the entireties, 10. Mortgagor RUSSELL A. DODDS died on 10/18/2002, and ERIK W. DODDS was appointed Administrator of his estate. Letters Testamentary were granted to him on 11/5/02 by the Register of Wills of CUMBERLAND County, No. 21-2002-987. Decedent's surviving heir at law and next-of-kin is ERIK W. DODDS. 11. Plaintiff does not hold the named Defendant, ERIK W. DODDS, personally liable on this cause of action and releases him from any personalliablity. This action is being brought to foreclosure his interest in the aforesaid real estate only. File #: 96287 12. Defendant, ERIK W. DODDS, has been named in accordance with Pa R.C.P. 1144 (a)(2), in order to divest the equitable interests in the premises and has no personal liability for the debt secured by the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 190,956.02, together with interest from 11/08/2004 at the rate of $38.98 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. By:. IsIFr cis , allinan LAWRENCE T, PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 96287 ALL THAT CERTAIN tract of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania appearing as Lot Number 1 on Drawing Number 2-R of the Final Subdivision Plan of Walnut Court as recorded in Cumberland County Plan Book 48, Page 133 et seq. and being more particularly bounded and described in accordance with said Subdivision Plan as follows: BEGINNING at a point at the northeastern corner of Lot Number 2 of the above mentioned subdivision; thence along the right of way for Georgetown Circle along the arc of a circle having a radius of 1150.57 feet a distance of 50.30 feet to a point; thence along the right of way for Georgetown Circle North 83 degrees 45 minutes 00 seconds East 45 feet to a point along the right of way for Georgetown Circle; thence along said Georgetown Cirle along the arc of a circle having a radius of 25 feet, a distance of 39.27 feet to a point along the right of way for Orange Street; thefi(~e along the right of way for Orange Street South 06 degrees 15 minute~ 00 seconds East 106.68 feet to a point; thence continuing along the right of way for Orange Street along the arc of a circle having a radius of 10 feet a distance of 14.02 feet to a point along a 60 foot right of way for Walnut Street; thence along said Walnut Street South 74 degree 04 minutes 00 seconds West 106.56 feet to a point at the Southeastern corner of Lot No.2; thence along the said Lot No.2 North 8 degrees 45 minutes 15 seconds West 158.51 feet to a point being the place of beginning. PREMISES BEING: 1201 GE6RGETOWN CIRCLE VERIFICA nON FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. c. S. Sec. 4904 relating to unsworn falsifications to authorities. ~;a\l~~ Attorney for Plaintiff DATE: 1/3 lay .. 1 Ii ~ .tI1 "" ~ ~ ~ 0 8 ~ ~ 1.-.. "'-> ~ f;'~ ~' C:~ () C) ('~";'l : -~ 11 r ~ ----l ~ :I... " 1'.1 ::n ~J?- i r .. . , -;;-;In i U1 :)0 , ,-, :':! ~~) " ....f'. I :2J _~1"... (-) ~",_c ~'.) '- rn :<1 r,.) __ej 1'0 --<;, -PHELAN HALLINAN & SCHMIEG, L,L,P, By: DANIEL G. SCHMIEG Identification No, 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN ST A nON 1617 JOHN F, KENNEDY BLVD" SUITE 1400 PHILADELPHIA, PA 19103-1814 (215\ 563-7000 GE CAPITAL MORTGAGE SERVICES, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 04-5714 CIVIL ESTATE OF RUSSELL A. DODDS ERIK W, DODDS, ADMINISTRATOR, HEIR, AND ALL HEIRS AT LAW OF THE ESTATE OF RUSSELL A. DODDS Defendant(s), PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against ESTATE OF RUSSELL A. DODDS ERIK W. DODDS. ADMINISTRATOR. HEIR. AND ALL HEIRS AT LAW OF THE ESTATE OF RUSSELL A. DODDS, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 11/9/04 to 2/3/05 TOTAL $190,956,02 $ 3.391.26 $194,347.28 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DAMAGES ARE HEREBY ASSESSED AS INDICATED, DATE: );, LoS, S ;;LC.6:lS ] PHELAN, HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (71'>) ,>1\.-7000 GE CAPITAL MORTGAGE SERVICES, INe. Plaintiff A TIORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY Fi~C f'\.. "'Y l. Ii... j" F" ". f'.~"'Y I..' \'/\#.' , Vs. ESTATE OF RUSSELL A, DODDS ERIK W. DODDS, ADMINISTRATOR, HEIR, AND ALL HEIRS AT LAW : NO. 04-5714-CIVIL TERM OF THE ESTATE OF RUSSELL A. DODDS Defendants TO: ESTATE OF RUSSELL A, DODDS ERIK w, DODDS, ADMINISTRATOR, HEIR, AND ALL HEIRS AT LAW OF THE ESTATE OF RUSSELL A. DODDS I20I GEORGETOWN CIRCLE CARLISLE, P A 17013 DATE OF NOTICE: ORC.RMRRR 15 2004 THIS FIRM IS A DEBT COLLECTOR ATIEMPTING TO COLLECf A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATIEMPT TO COLLECf THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE-IF YOU Il^ VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATIEMPT TO COLLECf A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITIEN APPEARANCE PERSONALLY OR BY A TIORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU, UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A mDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNIY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 (800)990-9108 ~~ / 1Iu-~lfl~~ RANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF GE CAPITAL MORTGAGE SERVICES, INC. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION ESTATE OF RUSSELL A. DODDS ERIK W. DODDS, ADMINISTRATOR, HEIR, AND ALL HEIRS AT LAW OF THE ESTATE OF RUSSELL A, DODDS NO. 04-5714 CIVIL Defendant(s). CERTIFICATION DANIEL G, SCHMIEG, ESQUIRE, hereby verifies that he is attomey for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa, C,S, Section 4904 relating to unsworn falsification to authorities, ~/ ~ DANIEL G, SCHMIEG, ESQ RE Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF GE CAPITAL MORTGAGE SERVICES, INC, 3476 STATEVIEW BOULEVARD CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v, NO. 04-5714 CIVIL ESTATE OF RUSSELL A. DODDS ERIK W, DODDS, ADMINISTRATOR, HEIR, AND ALL HEIRS AT LAW OF THE ESTATE OF RUSSELL A. DODDS Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G, SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge ofthe following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended, (b) that defendant ESTATE OF RUSSELL A. DODDS ERIK W. DODDS, ADMINISTRATOR, HEIR, AND ALL HEIRS AT LAW OF THE ESTATE OF RUSSELL A. DODDS is over 18 years of age and resides at , 1201 GEORGETOWN CIRCLE, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa, C,S, Section 4904 relating to unsworn falsification to authorities, /?~ ~~~ DANIEL G, SCHMIE , ESQUIRf;? Attorney for Plaintiff CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GE CAPITAL MORTGAGE SERVICES, INC. Plaintiff, v, No, 04-5714 CIVIL ESTATE OF RUSSELL A. DODDS ERIK W, DODDS, ADMINISTRATOR, HEIR, AND ALL HEIRS AT LAW OF THE ESTATE OF RUSSELL A. DODDS Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $194,347.28 Interest from 2/3/05 to JUNE 8, 2005 (per diem -$31.95) $3,993,75 and Costs TOTAL $198,341.03 ~ DANIEL G, SCHMIEG, ESQ One Penn Center at Suburban Station 1617 John F, Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property, No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. LEGAL DESCRIPTION ALL THAT CERTAIN ttact of land situate in the Borough of catllsle, CUmberland County, Pennsylvania appearing as Lot Number 1 on Drawing Number 2-R of die final Subdivision Plan of Walnul Coultas recorded in ClImberland County PIau Book 48. Page 133 Cl seq. and beiog mol'(: particularly bounded and desaibed in accordance widJ said Subdivision Plan as follows: BEGINNING at a point at the northeastern comer of wt Number 2 of the above meo1loned subdivision; thence along tlte right of way for Georgetown Circle along the arc of a circle haviog a radius of IIS0.S7 feet a distance of 50,30 feet to a point; tbeIll::e along the rigbr of way for Georgetown Citele Notll1 83 degrees 4.5 mlllnles 00 seconds Bast 4S feet to a point aloDg the rigllt of way for Oeorgctown Circle: lheace aIoog said GeorgetowD Cute along the arc of a drcIe baving a radius of 2S feel, a distance of 39.27 feet to a point alollg the tigJIt of way for Orauflc Street; tbeuce along the rigbt of way for Orange StreCl Sooth 06 degrees 15 minutes 00 seconds East 106.68 feel to a point: lhence contiDuiDg along the right of way for Onmgc Stn:Cl along the arc of a circle having a radius of 10 feet a dismnce of 14.02 feet to a point along a 60 foot right of way for Walnut Street; tbencc along said Walnut Street South 14 degree 04 minubl 00 seconds West 106.56 feel 10 a point at the Southeastern corner of Lot No, 2; theoce along the said Lot No.2 North 8 degrees 45 mlnllleS 1.5 seconds West 158.51 feet 10 a point being the place of bcginl1ing. TITLE TO SAID PREMISE'> IS VESTED IN Russell A. Dodds and Charlotte Dodds, bill wife by Deed from Kennetb O. Hamilton and VictDria S, Hamilton. his wife dated ./3/1989 and recorded 1I4/1989, in Deed Book 33T Page 204, TAX PARCEL # 50-21-324-8 PREMISES: 1201 GEORGETOWN CIRCLE, CARLISLE, P A 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-5714 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GE CAPITAL MORTGAGE SERVICES, INC" Plaintiff (s) From ESTATE OF RUSSELL A, DODDS ERIK W, DODDS, ADMINISTRATOR, HEIR, AND ALL HEIRS AT LAW OF THE ESTATE OF RUSSELL A, DODDS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof: (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $194,347,28 L.L. $,50 Interest FROM 2/3/05 TO 6/8/05 (PER DIEM - $31.95) - $3,993,75 AND COSTS Atty's Cornrn % Due Prothy $1.00 Atty Paid $110,00 Other Costs Plaintiff Paid Date: FEBRUARY 8, 2005 CURTIS R, LONG (Seal) Prothonotary ~a-..IJ P 7p--f/J-r2~_;- Deputy REQUESTING PARTY: Name DANIEL G, SCHMEIG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F, KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 GE CAPITAL MORTGAGE SERVICES, INC. CUMBERLAND COUNTY Plaintiff, v, COURT OF COMMON PLEAS ESTATE OF RUSSELL A. DODDS ERIK W. DODDS, ADMINISTRATOR, HEIR, AND ALL HEIRS AT LAW OF THE ESTATE OF RUSSELL A. DODDS CIVIL DIVISION NO. 04-5714 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidayit No, I) GE CAPITAL MORTGAGE SERVICES. INC., Plaintiff in the above action, by its attorney, DANIEL G, SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .1261 GEORGETOWN CIRCLE, CARLISLE, PA 17013. 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ESTATE OF RUSSELL A. DODDS ERIK W. DODDS, ADMINISTRATOR, HEIR, AND ALL HEIRS AT LAW OF THE ESTATE OF RUSSELL A. DODDS 1201 GEORGETOWN CIRCLE CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4, Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6, Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY 6TH FLOOR. STRAWBERRY SOUARE DEPT,280601 HARRISBURG, PA 17128 P,O, BOX 8486 WILLOW OAK BUILDING HARRISBURG. PA 17105-8486 DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER THIRTEENTH FLOOR. SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH. PA 15222 7, Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 1201 GEORGETOWN CIRCLE CARLISLE, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief, I understand that false statements herein are made subject to the penalties ofl8 Pa, C,S, Sec, 4904 relating to unsworn falsification to authorities, \//~~ DANIEL G. SCHMIEG, ESQUIW Attorney for Plaintiff Februarv 4, 2005 DATE GE CAPITAL MORTGAGE SERVICES, INC. Plaintiff, CUMBERLAND COUNTY v. No. 04-5714 CIVIL ESTATE OF RUSSELL A, DODDS ERIK W. DODDS, ADMINISTRATOR, HEIR, AND ALL HEIRS AT LAW OF THE ESTATE OF RUSSELL A. DODDS Defendant(s). February 4, 2005 TO: ESTATE OF RUSSELL A. DODDS ERIK W. DODDS, ADMINISTRATOR. HEIR, AND ALL HEIRS A T LAW OF THE ESTATE OF RUSSELL A. DODDS 1201 GEORGETOWN CIRCLE CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at , 1201 GEORGETOWN CIRCLE. CARLISLE, P A 17013. is scheduled to be sold at the Sheriffs Sale on JUNE 8,2005 at 10:00 a,m, in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $194,347.28 obtained by GE CAPITAL MORTGAGE SERVICES. INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa,R,C,P" Rule 3129,3, NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered, You may also ask the Court to postpone the sale for good cause, 3, You may also be able to stop the sale through other legal proceedings, You may need an attorney to assert your rights, The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney,) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I, If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder , You may find out the price bid by calling (215) 563-7000, 2, You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property, 3, The sale will go through only if the buyer pays the Sheriff the full amount due in the sale, To find out if this has happened, you may call (717) 240-6390, 4, If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe property as if the sale never happened, 5 , You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer, At that time, the buyer may bring legal proceedings to evict you, 6, You may be entitled to a share of the money which was paid for your house, A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale, This schedule will state who will be receiving that money, The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed, 7, You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale, The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE LEGAL DESCRIPTION ALL THAT CERTAIN tract of Iand slluate in the Borougb of Carlisle, CUmberland County, Pennsylvania appearing as LatNumber I on Drawing Nwnber 2-R of the final Subdivision Plan of Walnut Coultas recorded in cumberland County Plan I300k 4S. Page 133 et scq. and being tllQrc particularly bounded and described in accordance with said Subdivision Plan as follows: BEGINNING at a point III the northeastern comer of Lot Number 1 of the above mentioned subdivision; theace along the nght of way for Georgetown Circle along the arc of adrcle bavlllg a radius of 1150,57 feet a diswJce nf 50.30 feet W a point; tbence along !he rlgIlt of wa'J for GcorgWlwn Circle North 83 degrees 4S minutes 00 seconds East 45 feel to a point along the right of way fot GeorgetOwn Circle; th= along said Georgetown CirIe along the arc of a circle having a radius of 25 feet, a dislll.llCe of 39.27 feetw a point along the right of way for Orange Street; thence aloog the right of way for Orange Streel. Sooth 06 degrees 15 minntes 00 seconds East 106.68 (cello a point; tbellce continuiIJg along the right of way for Orange Strt:Ct along the arc of a circle having a radius of 10 feet a diatance of 14-.02 feet 10 a point along a 60 foot right of way for Walnut Street; thence a100g said Walnut SIreeI South 14 degree 04 minutes 00 seconds VIes!. 106.56 feet 10 a point at the Soolbeaslem corner of Lot No, 2; thence along the said Lot No.2 North 8 degrees 45 minutes IS seconds WC8I IS8,51 feet to a polot being the place of beginning. TITLE TO SAID PREMISES IS VFSI'EO IN Russell A. Dodds and Charlotte Dodds, bill wife by Deed from Kennetb O. Hamilton and Victoria S, Hamilton. bis wife dllted 1/3/1989 and recorded 1/41\989, in Deed Book 33T Page 104. TAX PARCEL # 50-21-324-8 PREMISES: 1201 GEORGETOWN CIRCLE, CARLISLE, PA 17013 ..... , AFFIDAVIT OF SERVICE PLAINTIFF GE CAPITAL MORTGAGE SERVICES, INC. DEFENDANT(S) ESTATE OF RUSSELL A. DODDS ERIK W. DODDS, ADMINISTRATOR, HEIR, AND ALL HEIRS AT LAW 01<' THE ESTATE OF RUSSELL A. DODDS CUMBERLAND COUNTY pJT No. 04-5714 CIVIL ACCT. #0015714082 Type of Action - Notice of Sheriff's Sale SERVE ESTATE OF RUSSELL A. DODDS ERIK W, DODDS, Sale Date: JUNE 8, 2005 ADMINISTRATOR, HEIR, AND ALL HEIRS AT LAW OF THE ESTATE OF RUSSELL A, DODDS AT 1201 GEORGETOWN CIRCLE CARLISLE, PA 17013 ~ 'k n I I SERVED Served and mad. known to ,I::; /{. W , 0 t:!-<l S , Defendant, on the at 5:;'5" . o'c1ock#,m" at J;;1,O} G ~"-'"I "-- -\-u v-.l '" C:,' l<. , }fJJ.. dayof Febvv~<,;oog (?dtt.\ j. \ "-- ,Commonwealth of Pennsylvania, in the manner described below: l><' D.fendant personally serv.d, , Adult family m.mb.r wirh whom Defendant(s) reside(s), Nam. and Relationship is Adult in charge of D.f.ndanC(s)'s residence who refused to give name or r.lationship. Manag.r/CI.rk ofplac. of lodging in which Defendant(s) reside(s). Agent or person in charg. ofD.fendant(s)'s offic. or usual plac. ofl>usiness. an officer of said Defendant(s)'s company, Other: Description: Age~ H.ight c:;.:.<"W.ight ~dlO Race....hl..hS.x~Other tJo 5)sSS<>S I, -.S:.1..it.. '" c ~ L G It. t j , ?: cOmpetent adult, being duly sworn according to law, d.pose and slat. that 1 personally handed a true and correct copy ofth. No'tic. of Sh.riff's Sal. in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed .. 2'. LUCIlLE~=.NlIIo befor ethis-L1!'..~ ~~~'.~.. ~T_.,~ ~ o '1""',200.2,..." if' .:,. d6".. My C'.omm/ssIon ~ 10 Notary' By' /7/'. 1 - , , pi.; ATTEM~EATLE~ ES.I DI ATED ES ESOFSERVICEATTEMPTED. NOT SERVED On the day of ,200 _.at Moved Unknown No Answer I" Attempt: / / Time: 3rd Attempt: / / Time: -- o'clock _,m" Defendant NOT FOUND because: _ Vacant 2 od Attempt: I I Time: Sworn to and subscribed before me this _ day of , 200 _. Notary: By: Attornev for Plaintiff Danl.1 G. Schml.g, Esquir. - I.D. No. 62205 .7"::> ?/ ~ ~ ~ CJ> '" ""' ~ :,: <:1'> <S> SHERIFF]S RETURN - REGULAR CASE NO: 2004-05714 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GE CAPITAL MORTGAGE SERVICES VS DODDS RUSSELL A ESTATE ET AL SGT. DAVID ZEIGLER / Sheriff or Deputy Sheriff of Cumberland County/Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DODDS RUSSELL A ESTATE OF ERIK W DODDS ADMINISTRATOR the DEFENDANT / at 1525:00 HOURS, on the 24th day of November / 2004 at CUMBERLAND CO SHERIFF]S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to ERIK A DODDS a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 .00 .00 10.00 .00 28.00 So Answers: ~af'/-::'....~. ,r' ~~ ... "' ~..";i:"'...{'!'" ," ?' ,::'-e-.4.~'_.... ,,..~g''''''~:J~ R. Thomas Kline 11/30/2004 FEDERMAN & --,,", Sworn and Subscribed to before By: PHELAN (l ;J ('; ,..--'! ;(,h~.( f--"'-r? Deputy Sh rif'Y r:;. me this (. - day of I YAl~~.b' -<, ,') {)7.U/ A . D . ~/ I ~L-' Q ~ Afl LV:. , rothonotary /'-,-1 GE Capital Mortgage Services, Inc, VS Estate of Russell A, Dodds, et al In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No, 2004-5714 Civil Term R, Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg, Sheriff s Costs: Docketing Poundage Mileage Levy Law Library Prothonotary Surcharge 30,00 4,148.44 3,70 15,00 ,50 1.00 20,00 $4,218,64 Sworn and subscribed to before me So ~~~ ~~ P- II . ;?"""""~ ~.d This~dayof~ . - - . l R, Thomas Kline, Sherif[ 2005,A,D. ( ,-~OHuPP,~,t.Pi1 BY Jo~5~~ Prothonotary Real Estate Deputy 9 .,1) \. ~Jo' 'J'L. {D l, 4-t/Jp ~.I GE'CAFITAL MORTGAGE SERVICES, INC, CUMBERLAND COUNTY Plaintiff, v, COURT OF COMMON PLEAS ESTATE OF RUSSELL A, DODDS ERIK W. DODDS, ADMINISTRATOR, HEIR, AND ALL HEIRS A T LAW OF THE EST A TE OF RUSSELL A. DODDS CIVIL DIVISION NO. 04-5714 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No, I) GE CAPITAL MORTGAGE SERVICES, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,1201 GEORGETOWN CIRCLE, CARLISLE, P A 17013 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ESTATE OF RUSSELL A. DODDS ERIK W, DODDS, ADMINISTRATOR, HEIR, AND ALL HEIRS AT LAW OF THE ESTATE OF RUSSELL A. DODDS 1201 GEORGETOWN CIRCLE CARLISLE, PA 17013 2, Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4,. '~ame and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale, Name Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY 6TH FLOOR. STRAWBERRY SOUARE DEPT,280601 HARRISBURG. PA 17128 INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER P,O. BOX 8486 WILLOW OAK BUILDING HARRISBURG. PA 17105-8486 THIRTEENTH FLOOR. SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH. PA 15222 DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM 7, Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 1201 GEORGETOWN CIRCLE CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. \//~~ ~~ DANIEL G. SCHMIEG~W Attorney for Plaintiff February 4.2005 DATE GE CAPITAL MORTGAGE SERVICES, INC. Plaintiff, CUMBERLAND COUNTY v. No. 04-5714 CIVIL ESTATE OF RUSSELL A. DODDS ERIK W. DODDS, ADMINISTRATOR, HEIR, AND ALL HEIRS AT LAW OF THE ESTATE OF RUSSELL A. DODDS Defendant(s). February 4, 2005 TO: ESTATE OF RUSSELL A. DODDS ERIK W. DODDS, ADMINISTRATOR, HEIR, AND ALL HEIRS AT LAW OF THE ESTATE OF RUSSELL A. DODDS 1201 GEORGETOWN CIRCLE CARLISLE, PA 17013 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at . 1201 GEORGETOWN CIRCLE. CARLISLE. P A 17013. is scheduled to be sold at the Sheriffs Sale on JUNE 8.2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $194.347.28 obtained by GE CAPITAL MORTGAGE SERVICES. INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.c.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE LEGAL DESCRIPTION ALL THAT CERTAIN tract of laDd situate in the Borougb of CarIJsle. CUmberland County. Pennsylvania appearing as Lot Numbcr 1 on Drawing Number 2-R of the Final Subdivision Plan of Walnut Caunas recorded in CUmberland County Plan Book 48. Page 133 et seq, and being more partic:ul.uly bounded and described in accordance wid! said SubdivisiDn Plan as foUows: BEGINNING at a point at the northeastern comer of Lot Number :2 of the above meD1ioned subdivision; thence along the rlght of way for Georgetown Circle aIoq the arc of a circle havillg a radius of 1150.57 feet a dislBnce of SO.30 feet tD a point; tbenre along the r1gbt of way for Georgetown CirtJe Nol1l183 degrees ~ minutes 00 seconds Bast 45 feet to a point along the right of way for Georgetown Circle: thence along said Georgetown eirle along llu: w; of a ciJcle havlllg a radius of 2S feet, a distance of 39.27 feet to a point along the rigbt of way for Orange Street; thence along the rigbt of way for Orange Slreet South 06 degrees 15 minutes 00 seconds East 106.68 feet \0 a point; thence continuillg along the right of way (or Orange Street along the arc of a circle baving a radius of 10 feet a distance of 14.02 feet 10 a point along a 60 foot right of way for Walnut Street; tbence along said Walnut Street South 14 degree 04 minutes 00 second$ '\Vest 106.56 feet to a point at the Southeastern corner of Lot No, 2; theoce along the said Lot No.2 North 8 degrees 45 mInutes 15 seconds West 158.51 feet 10 a point being the place of beginning. llTl..E TO SAID PREMISFS IS VFSTED IN Russell A. Dodds and Cbarlotte Dodds, biB wife by Deed from Kenneth O. Hamilton and Vicroria S. Hamilton, his wife dated 1/3/1989 and record~ 1/4/1989, in Deed Book 33T Page 204. TAX PARCEL # 50-21-324-8 PREMISES: 1201 GEORGETOWN CIRCLE, CARLISLE, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-5714 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GE CAPITAL MORTGAGE SERVICES, INC., Plaintiff (s) From EST ATE OF RUSSELL A. DODDS ERIK W. DODDS, ADMINISTRATOR, HEIR, AND ALL HEIRS AT LAW OF THE ESTATE OF RUSSELL A.DODDS (1 ) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due 5194,347.28 L.L. $.50 Interest FROM 2/3/05 TO 6/8/05 (PER DIEM - $31.95) - $3,993.75 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $110.00 Plaintiff Paid Date: FEBRUARY 8, 2005 Other Costs CURTIS R. LONG (Seal) Proth~ '-Bv f2-J. D [}. 7fcJl~~} Deputy REQUESTING PARTY: Name DANIEL G. SCHMEIG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale #04 On February 10, 2005 the Sherifflevied upon the defendant's interest in the real property situated in Borough of Carlisle, Cumberland County, P A Known and numbered as 1201 Georgetown Circle, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 10,2005 ~ I ." BY:'-...,I} Real Estat Deputy (-j c::u;] EV1J c:::::J G=e> IiViJ E Z :01 'if 8 - 933 snoz "d "ll.i'lU". ".,' 'u..:tlHfi:) v ^ rll ',....l,," , ..'. .:I.:11H3HS 3Hl 30 3:J1J30