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HomeMy WebLinkAbout04-6125 GOLDBECK McCAFFERTY & McKEEVER By: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER. 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF SOVEREIGN BANK 601 Penn Street Mail Code: 1O-6438-MD4 Reading, P A 19601 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff CIVIL ACTION - LAW VS. KATHLEEN PETrY THOMAS PETrY JR. Mortgagor(s) and Real Owner(s) ACTION OF MORTGAGE FORECLOSURE 214 Oxford Road Gardners, P A 17324 Term No. 0'1- /p1:;S (~ Defendant(s) CIVIL ACTION: MORTGAGE I=O~eCLOSU~E TIDS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO 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, you must take action within twenty (20) days afteT the 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 claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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. LEGAL SERVICES INC 8 Irvine Row Carlisle. P A 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PAl 70 13 A VI SO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPQNDA DENTRO DE 20 DlAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y A VISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA. EL PUNTO DE VISTA DE USTED Y CUALQUlER OBJECCION CONTRA LAS QUEJAS EN EST A DEMANDA. RECUERDE: SI USTED NO REPONDE A EST A DEMANDA, SE PUEDE PROSEGUlR CON EL PROCESO SIN SU PARTICIP ACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFlCARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS lMPORTANTES. USTED DEBE LLEV AR ~STE PAPEL A SU ABOGADO ENSEGUlDA. SI USTED NO TlENE UN ABOGADO, VA Y A 0 LLAME POR TEL~FONO LA OFICINA FlJADA AQuI ABAJO. EST A OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFlCINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARlO REDUCIDO 0 GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, P A 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIA nON 2 Liberty A venue Carlis Ie, PAl 70 13 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is SOVEREIGN BANK, 601 Penn Street, Mail Code: 10-6438-MD4 Reading, PA 19601. 2. The name(s) and addressees) ofthe Defendant(s) is/are KATHLEEN PETTY, 214 Oxford Road, Gardners, P A 17324 and THOMAS PETTY JR., 214 Oxford Road, Gardners, P A 17324, who is/are the mortgagor(s) and real owner(s) ofthe mortgaged premises hereinafter described. 3. On July 24,2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to SOVEREIGN BANK, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1766 Page 3235. 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 payment of principal and interest upon said mortgage due May 01,2004, 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 04/01/2004 through 12/08/2004 at 6.7500% Per Diem interest rate at $26.37 Attorney's Fee at 5.0% of Principal Balance Late Charges from 05/0112004 to 12/08/2004 Monthly late charge amount at $56.74 Costs of suit and Title Search $143,739.61 $6,630.40 $7,186,98 $514.41 Escrow Miscelleaneous Fees Satisfaction Fee Monthly Escrow amount $185.22 $900.00 $158,971.40 +$679.93 +$27.00 +$76,25 $159,754.58 7. The Attorney's Fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale reasonable Attorney's Fees will be charged based on work actually performed. 8. Notice ofIntention 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 date ofthe postmark on the Notice was the same as the date ofthe Notice. The Defendant(s) had the required face to face meeting within the required time and Plaintiff has been advised that the Defendant(s) filed an application for mortgage assistance with the Pennsylvania Housing Finance Agency, the Plaintiff has been advised by the Pennsylvania Housing Finance Agency that the Defendant(s)' application has been rejected. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure in the sum of$159,754.58, together with interest at the rate of $26.37, per day and other expenses incurred by the Plaintiffwhich are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. By: GOLDBEC By: JOSEP ArrORNEY L~Jd7~ FFERTY & McKEEVER . Gar; BECK, JR., ESQUIRE R PLAINTIFF VERIFICATION I,Paul Newman, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date:December 2, 2004 f2!~- Paul Newman #176627022 - KATHLEEN PETTY and THOMAS PETTY JR. ALL THAT CERTAIN tract of land, with the buildings and improvements thereon erected, 'situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a steel pin set on the eastern most dedicated right-of-way line of Township Road T-538, also known as Oxford Road, said pin marking the joinder of the line which extends between Lots Nos 8 and 9 on the hereinafter mentioned Plan of Lots, with the aforementioned dedicated right-of-way line; thence departing from the dedicated right-of-way line of Oxford Road and extending along Lot No.8 on the hereinafter mentioned Plan of Lots, South 83 degrees 44 minutes 18 seconds East 252.30 feet to a steel pin at Lot no. 7 of the Plan; thence extending along Lot No. 7 on the hereinafter mentioned Plan of lots South 6 degrees 15 minutes 42 seconds West a distance of 172.71 feet to a steel pin at lands now or late of Ross J. Richwine; thence extending along lands now or fonnerIy of Ross 1. Richwine North 84 degrees 11 minutes 19 seconds West a distance of 152.70 feet to a steel pin on the eastern most dedicated right-of-way line of Township Road T-518, also known as Oxford Road; thence extending in and along the eastern most dedicated right-of-way line of Oxford Road North 23 degrees 32 minutes 15 seconds West a distance of 200.41 feet to a steel pin located on said dedicated right-of-way line at Lot No. 8 on the hereinafter mentioned Plan of Lots, said pin marking the place of BEGINNING. CONTAINING 35,124 square feet and being designated as Lot No.9 on the final plan of subdivision, prepared for John H. Fox by Jerry D. LaRue, R.S., dated November 28, 1977, and recorded in Plan Book 33, Page 3, Cumberland County records. HAVING thereon erected a dwelling house known and numbered as R.D. #1, Oxford Road, Gardners, Pa. BEING THE SAME PREMISES which Richard A. Freeman and Diana 1. Freeman, his wife, by Deed bearing date the 23rd day of September, 1985, and recorded on 23rd day of September, 1985 in the Office of the Recorder of Deeds in aad for Cumberland County, Pennsylvania, in DeedJRecord Book M31, Page 609, granted and conveyed unto Thomas Petty, Jr. and Kathleen Petty, his wife. UNDER AND SUBJECT TO restrictions and conditions as now appear of record. TAX MAP PARCEL # 40-39-2211-008 I Certify this to be recoded In Cumberland County P A J). 1-.c.~.-4 ~-<- :' ot ""\~ '7 . o Recorder of Deeds BK I 7 6 6 PG 3 2 5 I ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE KATHLEEN PETTY 214 OXFORD RD GARDNERS PA 17324 t:;(H6Blr A Date of Notice: July 2, 2004 Loan # 0176627022 This is an official notice that the mort~aee 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 paees. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the pr01!1"am works. To see if HEMAP can help. yOU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF TillS NOTICE. Take this Notice with yOU when you meet with the Counseline Aeencv. The name. address and phone number of Consumer Credit Counseline Aeencies servine your County are listed at the end of this Notice. If yOU have any questions. you may call the Pennsylvania Housine Finance Aeencv toll free at 1-800-342-2397.(Persons with impaired hearine can call (717) 780-1869). This Notice contains important leeal information. If you have any questions. representatives at the Consumer Credit Counseline Aeencv may be able to help 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 NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (pENNSYL VANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGffiLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALV AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): THOMAS PETTY JR KATHLEEN PETTY PROPERTY ADDRESS: 214 OXFORD RD GARDNERS P A 17324 LOAN ACCT. NO.: 0176627022 CURRENT LENDER/SERVICER: Sovereign Bank ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Date of Notice: July 2, 2004 THOMAS PETTY JR 214 OXFORD RD GARDNERS P A 17324 Loan # 0176627022 This is an official notice that the morteaee 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 paees. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (llEMAP) may be able to help to save your home. This Notice explains how the proeram works. To see if HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF TillS NOTICE. Take this Notice with yOU when yOU meet with the Counseline Aeencv. The name. address and phone number of Consumer Credit Counseline Aeencies servine your County are listed at the end ofthis Notice.lfvou have any questions. yOU may call the Pennsylvania Housine Finance Aeencv toll free at 1-800-342-2397.(Persons with impaired hearine can call (717) 780-1869). This Notice contains imllortant leeal information.lfvou have any questions. representatives at the Consumer Credit Counseline Aeencv may be able to help 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 lawver. 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 NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGmLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMffi SU HIPOTECA. HOMEOWNER'S NAME(S): THOMAS PETrY JR KATHLEEN PETrY PROPERTY ADDRESS: 214 OXFORD RD GARDNERS P A 17324 LOAN ACCT. NO.: 01'76627022 CURRENT LENDERJSERVICER: Sovereign Bank . , HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGmLE 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 ELIGmLE 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 ELIGmILITY 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 Notice. THIS MEETING MUST OCCUR WITIDN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR 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 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 counseling 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 face-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.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brin!! it UP to date). NATURE OF THE DEFAULT --The MORTGAGE held by Sovereign Bank (hereinafter we, us, or ours) on your property located at 214 OXFORD RD, GARDNERS P A 17324, IS SERIOUSLY IN DEF AUL T because YOU HAVE NOT MADE THE MONTHLY PAYMENTS of $1134.77 since 05/01/04 to the present. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is $3709.12. The total amount includes late charges and any other charges that have accrued to this date. If you disagree with the assertion that a default has occurred or the correctness of the calculated amount required to cure the default, contact: SOVEREIGN BANK MORTGAGE COLLECTIONS DEPARTMENT PO BOX 8627 READING PA 19603 1-800-753-7366 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 $3709.12, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH 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 to Sovereign Bank and sent to the above address. 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 ril!hts to accelerate the mortl!a~e 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 vour mort2a2ed property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff 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 amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THmTY (30) DAY period. you will 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 right 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 past 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 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 if you had never defaulted. EARLIEST POSSmLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. lIOW TO CONTACT THE LENDER: Name of Lender: SOVEREIGN BANK Address: PO BOX 8627, READING PA 19603 Phone Number: 1-800-753-7366 Fax Number: 1-800-881-9334 Contact Person: Constance M. Cocroft, Vice President EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your 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 have the right to 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 DEF AUL T IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUfED 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (SEE ENCLOSURE) You may contact our Mortgage Services Department via E-mail at: MORTSERV@SOVEREIGNBANK.COM This bank is a debt collector attempting to collect a debt and any information obtained from you will be used for that purpose. % ~ ~ ~'\ ~ ......., ,~ ~ n t c') C::) "'Tl ~ c: ~';2 ~ .-1 ~ CJ :1: -r; \ r 1 (Iit-"" ~ ) -' ~ : C) -1-".!1 ~. ! -1)'-[ ~ 0) 'j ~-) ~ '. ,'-' r1 ~' , . . , .. !J (") .. i'n ~ , -- (.~ ') ;J l" =--<: ~~ -.... C) GOLDBECK McCAFFERTY & McKEEVER , BY: Joseph A. Goldbeck, Jr. Attorney LD. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintitr SOVEREIGN BANK 60 I Penn Street Mail Code: 10-6438-MD4 Reading, PA 19601 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. CIVIL ACTION LAW KATHLEEN PETTY THOMAS PETTY JR. (Mortgagor(s) and Record owner(s)) 214 Oxford Road Gardners, P A 17324 ACTION OF MORTGAGE FORECLOSURE Defendant( s) No. 04-6125 ORDER FOR JUDGMENT Please enter Judgment in favor of SOVEREIGN BANK, and against KATHLEEN PETTY and THOMAS PETTY JR. for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum of$161,372.41. I hereby certifY that the above names are correct and that the precise si nc address of the judgment creditor is SOVEREIGN BANK 601 Penn Street Mail Code: 10-6438-MD4 Reading, PA 19601 and that the name(s) and last known address(es) of the Defendant(s) is/are KATHLEEN PETTY, 214 Oxford Road Gardners, PA 17324 and THOMAS PETTY JR., 214 Oxford Road Gardners, PA 17324; GOLDBEC BY: Joseph Attorney for FERTY & McKEEVER ck, JI. ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows; Principal Balance $143,739.61 Interest from 04/01/2004 through 01/20/2005 $7,764.31 Attorney's Fee at 5.0000% of principal balance $7,186.98 Late Charges $627.89 Costs of Suit and Title Search $900.00 Escrow MISCELLANEOUS FEES SATISFACTION FEE $1,050.37 $27.00 $76.25 $161,372.41 GOLDBECK M BY; Joseph A. G Attorney for Plai ANDNOW,this ;2.l.,~aYOf ~ , 2005 damages are assessed as above. Lh> k '4 Pro Prothy VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my false knowledge, information and belief. I understand that statements therein are made subject to penalties of 18 Pa. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, KATHLEEN about unknown years of age, that Defendant's C.S. PETTY, is last known residence is 214 Oxford Road, Gardners, PA 17324, 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 States or its Allies, or otherwise wi thin the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Mili tary Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, THOMAS PETTY JR., is about unknown years of age, that Defendant's last known residence is 214 Oxford Road, Gardners, PA 17324, 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 States or its Allies, or otherwise wi thin the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: In the Court of Common Pleas of Cumberland County SOVEREIGN BANK 601 Penn Street Mail Code: 10-6438-MD4 Reading, P A 1960 I Plaintiff vs. KATHLEEN PETTY THOMAS PETTY JR. (Mortgagor(s) and Record Owner(s)) 214 Oxford Road Gardners, P A 17324 No. 04-6125 Defendant( s) PRAECIPE FOR JUDGMENT 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. Enter the Judgment in favor of Plaintiff and against KATHLEEN PETTY and THOMAS PETTY JR. by default for want of an Answer. Assess damages as follows: Debt $161,372.41 Interest - 04/0112004 to 01/20/2005 Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certil'y that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten s prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 Joseph A. Goldb c , Attorney for Plai tiff J.D. #16132 AND NOW ~) d t0U ':::1./2~ ' ;({.,. ::) rY)~ , Judgment is entered in favor of SOVEREIGN BANK and against KA THLEE PETTY and THOMAS PETTY JR. by default for want of an Answer and ~=""-"" .... om""" LmA, "'"" .,,",," W"k'k"i1~. ,72 >&-- Prothonotary 8B-0056 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. DATE OF TIllS NOTICE: January 4, 2005 TO: THOMAS PETIY JR. 214 Oxford Road Gardnern,P1\ 17324 SOVEREIGN BANK 601 Penn Street Mail Code: 10-6438-MD4 Reading, PA 19601 In the Court of Common Pleas of Cumberland County Plaintiff CNIL ACTION - LAW VS. KATHLEEN PETrY THOMAS PETrY JR. (Mortgagor( s) and Record Owner( s)) 214 Oxford Road Gardners, P A 17324 Action of Mortgage Foreclosure Term No. 04-6125 Defendant(s) TO: THOMAS PETTY JR. 214 Oxford Road Gardners, P A 17324 TMPORTANTNOTTCF, YOU ARE IN DEF1\ULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN J\PPEARANCE PERSON&LY OR BY AlTORNEY AND FILE IN WRITING WITIf TIfE COURT YOUR DEFENSES OR OBJECTIONS TO TIfE CLAIMS SET FORTIf AGAINST YOU. UNLESS YOU ACT WITIfIN TEN (10) DAYS FROM TIfE DATE OF TIllS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTIfER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PJ\PER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE TIfE OFFICE SET FORTH BELOW. TIllS OFFICE CJ\N PROVIDE YOU WITH INFORMATION ABOUT HIRING 1\ LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, TIllS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEG& SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 GOLDBECK M,CAFFERTY & McKEEVER BY: Joseph A. Goldb"k, Jr., Esq. Attorney for Plaintiff Suite 5000 - Mellon lndependence Center. 701 MarketSlreet Philadelphia, PA 19106 215-627~1322 8B-0056 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. DATE OF THIS NOTICE: January 4, 2005 TO: KATHLEEN PETTY 214 Oxford Road Gardnern, P A 17324 SOVEREIGN BANK 60 I Penn Street Mail Code: 10-6438-MD4 Reading, P A 1960 I In the Court of Common Pleas of Cumberland County CNIL ACTION - LAW Plaintiff vs. KATHLEEN PETTY THOMAS PETrY JR. (Mortgagor(s) and Record Owner(s)) 214 Oxford Road Gardners, P A 17324 Action of Mortgage Foreclosure Term No. 04-6125 Defendant(s) TO: KATHLEEN PETTY 214 Oxford Road Gardners, P A 17324 TMPORTANTNOTTCF. YOU ARE IN DEF1\ULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONJ\LL Y OR BY 1\TTORNEY AND FILE IN WRITING WITIf TIfE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM TIfE D1\TE OF TIllS NOTICE, A JUDGMENT MAY BE ENTERED 1\GAINST YOU WITHOUT 1\ HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTIfER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PJ\PER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE TIfE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING 1\ LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, TIfIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGJ\L SERVICES TO ELIGIBLE PERSONS 1\T A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle. PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIA nON 2 Liberty Avenue Carlisle,PA 17013 GOLDBECK McCAFFERTY & McKEEVER BY; Joseph A. Goldbeck, Jr., Esq. Attorn~ for Plaintiff Suite 5000 ~ Mellon Independence Center. 701 Market Street PhiIad,Iphia, PA 19106 215-627-1322 ~ (:) -() c~'tc> \} ~ 1:- __ ~ p=- M ~ ~ b ~ ..0 (;j ~ !lJ' w ~ - . ff' c----. ....' c:;~ 'Zit ~ ~-n ~ r't'(.~:1 ~ :gl? \"'-) 66 0' ;'-2 '~i -c 1:2 ~~ ::r;. ~:~rn >~:4 'i? ";.0 - :...:;. o~ 'Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberlaud COUNTY, PENNSYL V J\NIA CIVIL ACTION - L1\ W SOVEREIGN BANK 601 Penn Street Mail Code: 10-6438-MD4 Readiug, P A 19601 Plaintiff No. 04-6125 vs. KATHLEEN PETTY THOMAS PETTY JR. (Mortgagors and Record Owner(s)) 214 Oxford Road Gardners, P A 17324 Defendant( s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORM1\TION OBT1\INED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. Curt Long Prothonotary "'-By: ~~ ;7'P 7f~ Deputy If you have any questions concerning the above, please contact: Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Goldbeclt McCafferty & McKeever B\': Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 70 I Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff SOVEREIGN BANK 60 I Penn Street Mail Code: 10-6438-MD4 Reading, PA 19601 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. CIVIL ACTION - LAW KATHLEEN PETTY THOMAS PETTY JR. (Mortgagor(s) and Record Owner(s)) 214 Oxford Road Gardners, P A 17324 ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 04-6125 AFFIDAVIT PURSUANT TO RULE 3129 SOVEREIGN BJ\NK, Plaintiff in the above action, by its attorney, Joseph A. 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: 214 Oxford Road Gardners, P 1\ 17324 I.N ame and address of Owner( s) or Repu1ed Owner( s): KATHLEEN PETTY 214 Oxford Road Gardners, PA 17324 THOMAS PETTY JR. 214 Oxford Road Gardners, PA 17324 2. Name and address ofDefendant(s) in the judgment: KATHLEEN PETTY 214 Oxford Road Gardners, P A 17324 THOMAS PETTY JR. 214 Oxford Road Gardners, P 1\ 17324 3. Name and last known address of every judgmen1 creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 P A DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, P A 17105-2675 4. Name aod address of the last recorded holder of every mortgage of record: MEMBERS 1 ST FEDERAL CREDIT UNION P.O. BOX 40 MECHJ\NICSBURG, P1\ 17055 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUP J\NTS 214 Oxford Road Gardners, P A 17324 (attach separate sheet if more space is needed) I verify that the sta1ements 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. Section 4904 relating to unsworn falsification to authorities. GOLDBECK BY: Joseph A Attorney for PI DATED: January 20.2005 ~ . ~ C:.:l c;"l <- :;:;.'"" :;J:: 1" C1' 'Q, :1.--11 r'''l:''-+ -'(18 ~-'::1l_ t)C) ::~~:H r....:-, 1:;') ;-~'rn ,?~ 20 :..<: -0 :;:;;;. w .. - 0' --------- - PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attorney I.D.#I6132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff SOVEREIGN BANK 601 Penn Street Mail Code: 10-6438-MD4 Reading, P 1\ 1960 I IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County vs. CIVIL ACTION - LAW KJ\THLEEN PETTY THOMAS PETTY JR. Mortgagor(s) and Record Owner(s) 214 Oxford Road Gardners, P A 17324 1\CTION OF MORTGAGE FORECLOSURE No. 04-6125 Defendant( s) PAAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due $161,372.41 Interest from 04/01/2004 to 01/20/2005 at 6.7500% (Costs 10 be added) ^ TY & McKEEVER 'ec , Jr. -,.. tr~ ~ M LUS:a " :c t2 {~~i CL. '_L~ r.: ~-(O c~9:: u..I~ ~JU.l ~ O:FS u.. Q '-,0 '-- ~- ,2': ~-;~ ,0 c'-' -, U"O c..-::~ = c-..l ::f:h< _ ~ /- ~ ...... ..., <::t ,~ ~., _J"t;~~__ :::00 - - :: ('- I j I I "JO()~<l()~ <J::i'(]VJ~L,,, ~.~ ~ ~~c) ~ "bI. ~ ~~ () ;:) () l-.J ~~ ~ t"" ~ '"'( ta '-! 1 f1 1 \)01 1S c] ~ c!- ~ \) ..'" ~ ?'- ~ tl3 \>1 '2: p ~8 "" ~ U vI! 0 " ~~ ~-'Ot)o:, ~ lcl~ ~ ~50~N ~ ~ \>1'" l:> M ",",'S.o~'" ,..3 e-~if1 ~ ~ ~ ,,0.... O~ "" i:1 "'U;:"''' I G'8 ~ 00<:.... ,....'Q !OJ..... ~ t<$r-- il-lil-l~-o< ~ g 'a.~~ %""U ~ 0-. "0-. r: U~~!Et.h "' ~ p... '" J3 ~ i~:?'i~ ....,.. ~ ? il-l'Q~6~ "'0.0 ~~ 1;J~3-"" S ~1: '" \ .... '.a % ~g g.;:;:3 ,.." ~g ~ \>1 ~o e Vl "'~ 0 ....'" t r3.ll ~ -; ~ g, ,.... ~ ~ J\LL THAT CERTAIN tract of land, with the buildings and improvements thereon erected, 'situate'in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a steel pin set on the eastern most dedicated right-of-way line of Township Road T-538, also known as Oxford Road, said pin marking the joinder of the line which extends between Lots Nos 8 and 9 on the hereinafter men1ioned Plan of Lots, with the aforementioued dedicated right-of-way line; thence departing from the dedicated right-of-way line of Oxford Road and extending along Lot No.8 on the hereinafter mentioned Plan of Lots, Sou1h 83 degrees 44 minutes 18 seconds East 252.30 feet to a steel pin at Lot no. 7 of the Plan; thence extending along Lot No.7 on the hereinafter mentioned Plan of lots South 6 degrees 15 minutes 42 seconds West a distance of 172.71 feet to a steel pin at lands now or late of Ross J. Richwine; thence extending along lands now or formerly of Ross J. Richwine North 84 degrees 11 minutes 19 seconds West a distance of 152.70 feet to a steel pin on the eastern most dedicated right-of-way line of Township Road T-518, also known as Oxford Road; thence extending in and along the eastern most dedicated right-of-way line of Oxford Road North 23 degrees 32 minutes 15 seconds West a distance of 200.41 feet to a steel pin located on said dedicated right-of-way line at Lot No. 8 on the hereinafter mentioned Plan of Lots, said pin marking the place of BEGINNING. CONTAINING 35,124 square feet and being designa1ed as Lot No.9 on 1he final plan of subdivision, prepared for Joim H. Fox by Jerry D. LaRue, R.S., dated November 28, 1977, and recorded in Plan Book 33, Page 3, Cumberland County records. HAVING thereon erected a dwelling house known and numbered as R.D. #1, Oxford Road, Gardners, Pa. BEING THE SAME PREMISES which Richard A. Freeman and Diana L. Freeman, his wife, by Deed bearing date the 23rd day of September, 1985, and recorded on 23rd day of September, 1985 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in DeedlRecord Book M31, Page 609, granted and conveyed unto Thomas Petty, Jr. and Kathleen Petty, his wife. UNDER AND SUBJECT TO restrictions and conditions as now appear of record. TAX MAP PARCEL # 40-39-2211-008 WRIT OF EXECUTION andlor 1\TTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-6125 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK, Plaintiff (s) From KATHLEEN PETTY AND THOMAS PETTY, JR. (i) You are directed to levy upon the property oflbe defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property oflbe defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the 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 disposiug 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 helshe has been added as a garnishee and is enjoined as above stated. Amount Due $161,372.41 Interest FROM 4/1104 TO 1120/05 1\ T 6.75.00% L.L. $.50 Atty's Corrun % Atty Paid $133.40 Plaintiff Paid Date: JANUARY 26, 2005 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) Protho~ ~ t7~ P.7?!.Il/?/~/ Deputy REQUESTING PARTY: Name JOSEPH MCC1\FFERTY, ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLMNTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 04-6125 , GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, P 1\ 19106 215-627-1322 Attorney for Plaintiff SOVEREIGN BANK 60 I Penn Street Mail Code; 1O-6438-MD4 Reading, P A 1960 1 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW Vs. KATHLEEN PETTY THOMAS PETTY JR. Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 214 Oxford Road Gardners, P A 17324 Term No. 04-6125 Defendant(s THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT 1\ DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR TH1\T PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: PETTY, KATHLEEN KATHLEEN PETTY 214 Oxford Road Gardners, P A 17324 Your house at 214 Oxford Road, Gardners, P A 17324 is scheduled to be sold at Sheriff's Sale on Wednesday, June 08, 2005, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of$161 ,372.41 obtained by SOVEREIGN BANK against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to SOVEREIGN BANK, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 04-6125 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 below on how to obtain an attorney). YOU M1\Y STILL BE J\BLE TO S1\VE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT Ti\KE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may ftnd ou1 the price bid price by calling the Sheriff of717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequa1e 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 ftnd out if this has happened, you may call the Sheriff of717-240-6390. 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 a right to remain in the property until the full amoun1 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 ftled by the Sheriff thirty (30) days from the date of the Sherift's 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 vvrong) are filed wi1h the Sheriff within ten (10) days after the schedule of distribution is ftled. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS P i\PER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A L1\ WYER OR C1\NNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGJ\L SERVICES INC 8 Irvine Row Carlisle, P A 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 ,...., c::;J .:.~.} .;..r'\o '-- :.1';\'.:' ::;t:. N 0"' -u > ~? C) -n -' f~ fI~ '-0'" --"'1: ~?,(.) :y:-=\{ ~;t) (irn ,:.\ -.,-"~ ~'i' ..~ - -l 04-6125 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A Goldbeck, Ir. AttorneyI.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff SOVEREIGN BANK 60 I Penn Street Mail Code: 10-6438-MD4 Reading, P A 1960 I IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW vs. KATHLEEN PETTY THOMAS PETTY JR. Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 214 Oxford Road Gardners, PA 17324 Term No. 04-6125 Defendant(s THIS L1\ W FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT 1\ DEBT. THIS NOTICE IS SENT TO YOU IN}\N 1\TTEMPT TO COLLECT A DEBT. }\NY INFORMATION OBTAINED FROM YOU WILL BE USED FOR TH1\T PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: PETTY JR., THOMAS THOMAS PETTY .JR. 214 Oxford Road Gardners, P A 17324 Your house a1 214 Oxford Road, Gardners, P A ] 7324 is scheduled to be sold at Sheriffs Sale on Wednesday, June 08, 2005, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $161 ,372.41 obtained by SOVEREIGN BANK against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE 1\BLE TO PREVENT THIS SHERIFF'S S1\LE To prevent this Sheriffs Sale you must take inunediate action: 1. The sale will be cancelled if you pay to SOVEREIGN BANK, the back payments. late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 04-6125 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 bave of stopping the sale. (See notice below 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 SJ\LE DOES NOT 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 price by calling the Sheriff of717-240-6390. 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 of717-240-6390. 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 a right to remain in the property until the full amount due is pnid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may hring 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 thirty (30) days from the date of the Sheriff's 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD T ME THIS P i\PER 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 CJ\N GET LEGJ\L HELP. LEGJ\L SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLJ\ND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P 1\ 17013 ~ '"'" c;;:;:> ,::...~ "-" ,- ::~'"'" :;;.t: 1'-' 0"' C') --n -:oj :1_-n nl-:.::.: -.Om -,1t;' ':"c'::> 'IJ :1', ;;?; ~~ .:.::\ "}..':" ~\'J ~, -r.J ';:it: Cf? -J . ....'" SHERIFF'S RETURN - REGULAR CASE NO: 2004-06125 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK VS PETTY KATHLEEN ET AL RON KERR , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PETTY KATHLEEN the DEFENDANT , at 1659:00 HOURS, on the 10th day of December, 2004 at 214 OXFORD ROAD GARDNERS, PA 17324 by handing to KETHLEEN PETTY a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 7.40 .00 10.00 .00 35.40 -.,...."; ,,--:.:;::/ . ?--;.,:f-"'i~~~t~'>"':"'''':~'_'''~''' ./~ . ..,.r:..4~~ R. Thomas Kline 12/13/2004 GOLDBECK MCCAFFERTY MCKEEVER Sworn and Subscribed to before By: ?---IC. Deputy Sheriff me this ...... /t; -- day of ,/l ~u~ rJ{~f \ ]~p 0 rvu~~ 1 Prothonotary A.D. r , '_ SHERIFF'S RETURN - REGULAR CASE NO: 2004-06125 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK VS PETTY KATHLEEN ET AL RON KERR , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PETTY THOMAS JR the DEFENDANT , at 1659:00 HOURS, on the 10th day of December, 2004 at 214 OXFORD ROAD GARDNERS, PA 17324 by handing to THOMAS PETTY 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 6.00 .00 .00 10.00 .00 16.00 So Answers: ....-.; 6'" -:;;;,,:':~'~~'.:i,.;/ .:t~,-~'~~/ _f_/Il..L~ ~(-:',,':~~,;r.-r-' R. Thomas Kline 12/13/2004 GOLDBECK MCCAFFERTY MCKEEVER Sworn and Subscribed to before By: .-;J I~ /L-- Deputy Sheriff Itv me this II) <-- day of q;,-<, "7 dl71J>j~ A. D. Y-r' t1 lM.,H4.< ~ Prothonotary J GOLDBECK McCAFFERTY & McKEEVER BY: J,oseph A. Goldbeck, Jr. Attorney l.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorne for Plaintiff SOVEREIGN BANK 60 I Penn Street Mail Code: 10-6438-MD4 Reading, PA 19601 SB-0056 06/08/2005 $161,372.41 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LA W vs. ACTION OF MORTGAGE FORECLOSURE KA THLEEN PETTY THOMAS PETTY JR. Mortgagor(s) and Record Owner(s) Term No. 04-6125 214 Oxford Road Gardners, PA 17324 Defendant( s) 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: ,>4 ( ) ( ) ( ) Personal Service by the Sheriff's Office/ . adult (copy of return attached). Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). Certified mail by Sheriffs Office. Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs 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 statements herein are subject to the penalties provided by ] 8 I~..S. ;' , , SectlOn 4904. I n ..I ;1.> ' ) .!'-,.. /1 I 1/ / t " /Ltc~if /L J ~ <:n " CD (fl ,-1 6 '" 0 I '" 3 r- 01 m en '" m 0) Z ... 1) .'" '" m ro -1 0' -1 2 -< w -< Po N -1 0 0 I N 0 " s: W <0 :t> ro (J) 1) ~ m ~ -l -1 -< '- ::0 "0'1 h ~zl ~c .3 -:> gS,,! I 0" ~~ I I I ,,1- _ 1__ +- -- ~I I I !I I ~I . ~I ~i i"1 u II ~I I r:-ll *1[1 ~ ~~I ",3 ~ ii"1 ~D 0_ " "I ~ .,(:.: 1 --I (") o 3 " ~ <T '< i "i s: -~ 3" 2" o OJ ~ " o a " ro ::J I 1 -I 00' . ! 1 1 I I I I :-,1 I 1 1 I Oll I 1 1 I I I I I i "'I 1 I I 1 ="1 I I I I 1 I "", . 1 1 I I ",I 1 1 I I I 1 I 1 I ~ ....ll."'tI""'cnG') "1D':1:0 -;- OZ Ic5P;;:=ld Cl>:t>=-mOro l':"O~U1111<;J U'lm.....Omo. 1~r-;;o;O("))> "'tJrnO"a. 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'I.ro \ 0""0 g,g g-s;'J>- ~g 5'O'd-.iir~ T1 (D _ -...., ~c:. x % Sl.~ g8:h~ ......~.:::;;~ w Ql ~7<- ='Q.,<Jl 3 ,@~ ~~~-o ~Ir" i~ % -::;;):> ,,<> .ll~ 'HI \<ill o c ' ", , ro\1 o ~~ Ig~\. 00. ~ '\igi ~",I %e"> ~'" %" ~if ~ ~" %" t' Sovereign Bank VS Kathleen Petty and Thomas Petty Jr. In The Court of Common Pleas of Cwnberland County, Pennsylvania Writ No. 2004-6125 Civil Term Kenneth Gosser!, Deputy Sheriff, who being duly sworn according to law, states that on February 17, 2005 at 8: 15 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: Kathleen Petty and Thomas Petty, Jr., by making known unto Thomas Petty, III, adult son of Kathleen and Thomas Petty, at 214 Oxford Road, Gardners, Cwnberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2005 at 2:20 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Kathleen Petty and Thomas Pett, Jr. located at 214 Oxford Road, Gardners, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Kathleen Petty and Thomas Petty Jr., by regular mail to their last known address of 214 Oxford Road, Gardners, P A 17324. These letters were mailed under the date of April 8, 2005 and never returned to the Sheriffs Office. This _ day of ~~--<~ R. Thomas Kline, Sheriff Sworn and subscribed to before me 2005, A.D. Prothonotary BY')O (t1f~n.d.h Real ate Deputy GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16l32 Suite 5000 - Mellon Independence Cen1er 701 Market Street Philadelphia, P A 19106-1532 215-627-1322 Attorney for P1ain1iff SOVEREIGN BANK 60] Penn Street Mail Code: 1O-6438-MD4 Reading, P A 1960 I IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CNIL ACTION - LAW vs. KATHLEEN PETTY THOMAS PETTY JR. Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE Term No. 04-6125 214 Oxford Road Gardners, P A 17324 Defendant(s) SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 SOVEREIGN BANK, Plaintiff in the above action, by its attorney, JosephA. Goldbeck, Jr., Esquire, sets forth as of 1he date the praecipe for the writ of execution was filed the following information conceming the real property located at: 214 Oxford Road Gardners, P A 17324 l.Narne and address ofOwner(s) or Reputed Owner(s): Ki\THLEEN PETTY 214 Oxford Road Gardners, P 1\ 17324 THOMAS PETTY JR. 214 Oxford Road Gardners, PA 17324 2. Name and address ofDefendan1(s) in the judgment: Ki\ THLEEN PETTY 214 Oxford Road Gardners, P A 17324 THOMAS PETTY JR. 214 Oxford Road Gardners, P A 17324 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property 10 be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, P A 17013 P A DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 SUBURBAN PROP1\NE 530 E. NORTH STREET CARLISLE, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: MEMBERS 1ST FEDERAL CREDIT UNION P.O. BOX 40 MECHANICSBURG,PA 17055 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every olher person of whom the plaintiff has knowledge who has any record interest in 1he property which may be affected by the sale. 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. TENANTS/OCCUPANTS 214 Oxford Road Gardners, P A 17324 (a!tach separate sheet if more space is needed) 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. Section 4904 relating to unsworn falsification to authorities. D1\ TED: May 3, 2005 v ,.., C':" <'_d) (;J' "'--', ~n :::i 1\1 , \..0 il r:,;' .r.-:- ,-~'J {Jbp fJi I i 71bO 3901 ~46 6464 7302 TO: PETTY JR., THOMAS THOMAS PETTY JR. 214 Oxford Road Gardners, P A J 7324 SENDER: GOLDBECK MCCAFFERTY & MCKEEVER January 20, 2005 REFERENCE: PETTY, KATHLEEN / S8-0056 06/08/05 - Cumb"bnd PS Form 3800 June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service Posf.t4A;;'(OFl~~, / , " \'.".:.. I ; \:",. 1 ; )r \ \ 0/.27 \.,' :~/; ~ ",~':~"~fV"'\"" ' Receipt for Certified Mail No Insurance CQverage Provided Do Nol Use lor International Mail AFFIX POSTAGE TO MAIL PIECE TO COVER FIRST CU.SS POSTAGE, CERTIFIED FEE, RETURN RECEIPT FEE AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES [l(-I.II:1',I\JI "'1'1' I\i) Ii'll t, if,!!!! iJ,i;~ !l1(' I'll ii,"'\'< -;11 ':' ';J1dU', I"'" 'I' i,1Ii';" it V ,'jlr:ir, II Id:" 1I',jll'Lj111111. :!v !,,-,I.\'.'I-I:I' '-"1'11' dlq' !'" 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KATHLEEN KATHLEEN PETTY 214 Oxford Road Gardners, P A 17324 SENDER: GOLDBECK MCCAFFERTY & MCKEEVER January 20, 200S REFERENCE: PETTY, KATHLEEN / SB-0056 06/08/05 - Cumberland PS Form 3800, June 2000 RETURN Postage RECEIPT Certlfied Fee SERVICE . Return ReceIpt Fee Restricted Delivery Total Postage & Fees US Postal Service POS~K OR DATE Receipt for Certified Mail /c- No Insurance Coverage Provided Do Not Use jor il1ternalional Mail \' , AFFIX POSTAGE TO MAil PIECE TO COVER FIRST CLASS POSTAGE, CERTIFIED FEE, RETURN RECEIPT FEE PND CHARGES FOR ANY SElECTEO OPTIONAL SERVICES ;)':[;jI.i: HI! i,'r'I' '1111 "',i\\\~~,:1C le\uITI, r~,t'ii'\ r~y Ir WI~: iefl I'.' rl!]I:! d"" ,,,,of[ ",lj'W!\ 1'.: mH'df"'" "j.) [,,'r'II!>:, tldr:k iilf ;<I!:f',;I', .;:r:p'; Ii'.' jj!i'IP:1 :LrJn~ '\Idi ::>,C':1, " SiI;l!:L' i'l '1",1, ()J.lIl'i'AI", ;j!(:\ 'I:;ill'..'i" 1,',: ',:ill' :11' ','(:1:('"'' IIlli,I,:II,ll-': 11. 1',1,,1 :H1(jrr:I;)I!'!!H '(""i,1 'I'" :;;(, 'I'! ,ii,' "'Id I'"~ .'I,'"Ff; II; il'< -,',(il '-"I\,j ""Ii"t, II, Ii" 'II-Ilillll ll,rlf :;';'j,' III" ;1.., 'Iillll" '''1'' ill , ;11;, ,IV" r In' --Nil :.-.'jl.'v'I"-:'!!i' "1," 'lij"I.lii" \-'u1d1h,.' 'i'll' iiJ! "II'!,I' ,1." pH" ,'"~I :', V')'J' Ii' ili,:!,')I;' 'V'II':."" 1,'-;1 J III (I ; I;U\iiON ',!fll( 'i'lil (Form 3800) 1Q' ..., In 70, ~"..I'"j,."'.,.,.,"".,,' - Y""'ArmNaJn<o 'n__..li54 CIf\I,_123016 o lllRftll _flFCf""'~" ....,j",.!"'",.,...",,,., D.vlO0, IJo. L'U"JS09","MM"ke,;ngM.noijor 'tl." 1'00,"1 ~O"";"n.. ',," "895ov",M""Qnfld.Sv".110 r~m",,~~, t" "2lln.411' ',",' "I:" .. ... . ....~...~....... ............~...............,....~. "",", COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Federal Natl Mtg Assoc is the grantee the same having been sold to said grantee on the 8th day of iune A.D., 2005, under and by virtue of a writ Execution issued on the 26th day of ian, A.D., 2005, out ofthe Court of Common Pleas of said County as of Civil Term, 200'!/ Number 6125, at the suit of Sovereign Bank against Kathleen Petty & Thomas Jr is duly recorded in Sheriffs Deed Book No. 269, Page 3895. IN TESTIMONY WHEREOF, I have hereunto set my hand and eal of said office this 7-1i day of ,A.D. Recorder of Deeds Sovereign Bank VS Kathleen Petty and Thomas Petty Jr. In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-6125 Civil Term Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on February 17,2005 at 8:15 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: Kathleen Petty and Thomas Petty, Jr., by making known unto Thomas Petty, III, adult son of Kathleen and Thomas Petty, at 214 Oxford Road, Gardners, Cumberland County, Pennsylvania, its contents and at the same time handing to him personalJy the said true and correct copy ofthe same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2005 at 2:20 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Kathleen Petty and Thomas Pett, Jr. located at 214 Oxford Road, Gardners, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Kathleen Petty and Thomas Petty Jr., by regular mail to their last known address of 214 Oxford Road, Gardners, P A 17324. These letters were mailed under the date of April 8, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 8, 2005 at 10:00 o'clock A.M. He sold the same for the sum of$1.00 to Attorney Joseph Goldbeck for Federal National Mortgage Association. It being the highest bid and best price received for the same, Federal National Mortgage Association of International Plaza II, 14221 DalJas Parkway, Wuite 1000, DalJas, TX 75254-2916, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$I,065.28. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage $30.00 20.89 15.00 15.00 30.00 10.00 .50 1.00 16.28 Certified Mail Levy Surcharge Postage Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed 13.54 15.00 30.00 .74 400.25 386.11 16.47 25.00 39.50 $ 1,065.28 Sworn and subscribed to before me This ~~ day of\...M 2005, A.D'c \.~n a n" "Po" ~ ~ !prbthonotary ~ ~ r ~....,;~~~~~r- R. Thomas Kline, Sheriff BY \. k~Srvulj/'r Real Estat eputy oV 3D' ~1) j. ~~ of ck. 5630 :v ~, lii.i)'6 Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney 1.0. #16132 Suite 5000 - Mellon Independence Center 70 I Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff SOVEREIGN BANK 60 I Penn Street Mail Code: 1O-6438-MD4 Reading, PA 19601 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. CIVIL ACTION - LAW KATHLEEN PETTY THOMAS PETTY JR. (Mortgagor(s) and Record Owner(s)) 214 Oxford Road Gardners, P A 17324 ACTION OF MORTGAGE FORECLOSURE Defendant( s) No. 04-6125 AFFIDAVIT PURSUANT TO RULE 3129 SOVEREIGN BANK, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed tbe following information concerning the real property located at: 214 Oxford Road Gardners, PA 17324 l.Name and address ofOwner(s) or Reputed Owner(s): KATHLEEN PETTY 214 Oxford Road Gardners, P A 17324 THOMAS PETTY JR. 214 Oxford Road Gardners, P A 17324 2. Name and address ofDefendant(s) in the judgment: KATHLEEN PETTY 214 Oxford Road Gardners, P A 17324 THOMAS PETTY JR. 214 Oxford Road Gardners, P A 17324 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 P A DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: MEMBERS 1ST FEDEAAL CREDIT UNION P.O. BOX 40 MECHANICSBURG, P A 17055 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENJ\NTS/OCCUP 1\NTS 2 14 Oxford Road Gardners, PA 17324 (attach separate sheet if more space is needed) I verifY that the sta1ements 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. Section 4904 relating to unsworn falsification to authorities. GOLDBECK BY: Joseph A. Attorney for PI DATED: January 20. 2005 04-6125 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney LD.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff SOVEREIGN BANK 60 [ Penn Street Mail Code: 10-6438-MD4 Reading, P A 1960 I IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW vs. KATHLEEN PETTY THOMAS PETTY JR. Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 214 Oxford Road Gardners, P A 17324 Term No. 04-6125 Defendant( s THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN }\N ATTEMPT TO COLLECT A DEBT. }\NY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: PEITY, KATHLEEN KATHLEEN PETTY 214 Oxford Road Gardners, P A 17324 Your house at 214 Oxford Road, Gardners, P A 17324 is scheduled to be sold at Sheriffs Sale on Wednesday, June 08, 2005, at 10:00 AM, in Commissioners Hearing Rrn 2nd FL Courthouse to enforce the court judgment of$161,372.41 obtained by SOVEREIGN BANK against you. NOTICE OF OWNER'S RIGHTS YOU M1\Y BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to SOVEREIGN BANK, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 04-6125 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 below on how to obtain an atlorney). YOU M1\Y STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT T1\KE 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 price by calling the Sheriff of717-240-6390. 2. You may be able to petition 1he 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 of717-240-6390. 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 a right to remain in 1he 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. 1\ schedule of distribution of the money bid for your house will be filed by the Sheriff thirty (30) days from the date of the Sheriffs 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS Pi\PER 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 CJ\N GET LEGJ\L HELP. LEGJ\L SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLJ\ND COUNTY BAR ASSOCIATION 2 Liberty A venue Carlisle, P 1\ 17013 04-6125 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attomey1.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff SOVEREIGN BANK 60 I Penn Street Mail Code: 10-6438-MD4 Reading, PA 19601 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW YS. KATHLEEN PETTY THOMAS PETTY JR. Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 214 Oxford Road Gardners, P A 17324 Term No. 04-6125 Defendant( s THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN J\N ATTEMPT TO COLLECT 1\ DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: PETTY JR., THOMAS THOMAS PETTY JR. 214 Oxford Road Gardners, P A 17324 Your house at 214 Oxford Road, Gardners, P A 17324 is scheduled to be sold at Sheriffs Sale on Wednesday, June 08, 2005, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $161 ,372.41 obtained by SOVEREIGN BANK against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to SOVEREIGN BANK, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 04-6125 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 below on how to obtain an attorney). YOU MAY STILL BE J\BLE TO SAVE YOUR PROPERTY AND YOU H1\ VE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT T1\KE 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 price by calling the Sheriff of717-240-6390. 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 of717-240-6390. 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 a right to remain in the property until the full amoun1 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 thirty (30) days from the date of the Sheriff's Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule Wlless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS Pi\PER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A L1\ WYER OR CJ\NNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGJ\L HELP. LEGJ\L SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 ALL THAT CERTAIN tract of land, with the buildings and improvements thereon erected, 'situate'ill South Middleton Township, Cumberland County, Pennsylvania, more particularly hounded and described as follows, to wit: BEGINNING at a steel pin set on the eastern most dedicated right-of-way line of Township Road T-538, also known as Oxford Road, said pin marking the joinder of the line which extends between Lots Nos 8 and 9 on the bereinafter mentioned Plan of Lots, witb the aforementioned dedicated right-of-way line; thence departing from the dedicated right-of-way line of Oxford Road and extending along Lot No.8 on the hereinafter mentioned Plan of Lots, South 83 degrees 44 minutes 18 seconds East 252.30 feet to a steel pin at Lot no. 7 of the Plan; thence extending along Lot No.7 on the hereinafter mentioned Plan of lots South 6 degrees 15 minutes 42 seconds West a distance of 172.71 feet to a steel pin at lands now or late of Ross J. Richwine; thence extending along lands now or formerly of Ross J. Richwine North 84 degrees I I minu1es 19 seconds West a distance of 152.70 feet to a steel pin on the eastern most dedicated right-of-way line of Township Road T-518, also known as Oxford Road; thence extending in and along the eastern most dedicated right-of-way line of Oxford Road North 23 degrees 32 minutes 15 seconds West a distance of 200.41 feet to a steel pin located on said dedicated right-of-way line at Lot No. 8 on the hereinafter mentioned Plan of Lots, said pin marking the place of BEGINNING. CONTAINING 35,124 square feet and being designated as Lot No.9 on the final plan of subdivision, prepared for John H. Fox by Jerry D. LaRue, R.S., dated November 28,1977, and recorded in Plan Book 33, Page 3, Cumberland County records. HA VINO thereon erected a dwelling house known and numbered as R.D. #1, Oxford Road, Gardn.ers, Pa. BEING THE SAME PREMISES which Richard A. Freeman and Diana L. Freeman, his wife, by Deed bearing date the 23rd day of September, 1985, and recorded on 23rcl day of September, 1985 in the Office of the Recorder of Deeds in 8i1<1 for Cumberland County, Pennsylvania, in Deed/Record Book M31, Page 609, granted and conveyed unto Thomas Petty, Jr. and Kathleen Petty, his wife. UNDER AND SUBJECT TO restrictions and conditions as now appear ofrecord. TAX MAP PARCEL # 40-39-2211-008 WRIT OF EXECUTION and/or 1\TTACHMENT COMMONWE1\L TH OF PENNSYL V ANI1\) COUNTY OF CUMBERLAND) NO 04-6125 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK, Plaintiff (s) From KATHLEEN PETTY i\ND THOM1\S PETTY, JR. (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 tbereof; (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 direc1ed 10 notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $161,372.41 Interest FROM 4/1/04 TO 1/20/05 AT 6.75.00% L.L. $.50 Atty's Cornm % Atty Paid $133.40 Plaintiff Paid Date: JANUARY 26, 2005 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) prothona ~ 0--;, cP.~~ Deputy r------- REQUESTING PARTY: Name JOSEPH MCCAFFERTY, ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor ofthe Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, V1Z: April 15, 22, 29, 2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter ofthe aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. - SWORN TO AND SUBSCRIBED before me this 29 day of April NOTARIAL SEAl LOIS E. SNYDER, Notary Public Cari8le Bore, Cumberfand County My Commission Elrpires March 5, 2009 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, CounIy of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the 1\ssistant Controller of The Patriot News Co., a corporation organized and existing under Ibe laws ofIbe Commonwealth of Pennsylvania, wiIb its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, CounIy of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Suoday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the CiIy, CouoIy and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in tbeir regular daily andlor Suoday/ Metro editions which appeared on the 26th day(s) of April and the 3rd and lOth day(s) of May 2005. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution uoanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said CouoIy of Dauphin io Miscellaneous Book "M", Volume 14, Page 317. COPY SALE #12 Sworn to and subs . ed beforM 25tb day 0 /-t NOT Y PUBLIC My commission expires Juoe 6, 2006 PUBLICATION CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertisiug Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 386.11 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies Ibat the same have been duly paid. By.................................................................... -~ . REAL~AlE lIAI.E No. 12 Writ No. 2IlDM125 CIvIITenn Sov8Nlan Bank .va KalIl_1'eIly and 'YIIoIMa P81tY, Jr. Ally: Jooaph GOkIback DESCIllP'noN AIL nw- CEIm\IN _ ofland. with Ibe buiIdinp aDd . . _ _. ._mSoulh:'=-TowDSIrip,OlJnberIand County, l'tm>sylvllllia..... ~ boooded ilIIddescribed..foIIows,IoWlt BF.GINNING at. Aod pin setonlbe...... _ decficakd dgllt-of.way Iiol:of Township RoadT-538,aIso_.. 0xf0I1I Road, said pio lDIlDiog IbejoiDdcr oflho iii>: whid!_ bdween Loa N... 8 aod 9 on lho hereinafter _ Plan of Loa, wilh 1IIO_0Ded decficakd dgllt-d-way 1ine; llm:e deporting from tIIe_' , lil>:ofOxfmlRoad ilIIdcxfaldiog Lot'1.;.IOIItbehereinalter '~lMIo""'''' .......... . &'"".-h'.' .... ; ':l.=5 " :t~JI'r:"f<rtIo~~~::':: ... "" of Ron J.a"'!:" tbeoo: cxfaIdiog ==";1~~:~~ mo-of I32.lIl f<rt1<i.Aodpin 011 tbe....... _ decficakd dgllt-of.way Iiol: of Thwnship Road T-518, also _ as Oxfcml Road; tbeoo: cxfaIdiogin.ilIIdaloootbe___ dgllt-d-w.y Iiol: of Wcml Road N.... 23 deII\'<S 32""'-15 """"" Wtat . distance'" 200AI f... 10. Aod pin located 011 said <kdi0lltcl dgllt-d-wayliol: at Lot No. 8011 tbe__ _Plan ofLoa,saidpinommgtbeplaco ofBF.GINNING. CONTAINING 35)24 sqoue tbet ilIId beiog d<:s~ as Lot No.9 on tIle final plan of subdivisioo,[llI'IlOltd for JoIm H.FoJ. by I<ny D. LaRue, RS., datod _ 28,1977. ilIId _ in PJan IlooI: 33, Page 3, CmnberlilIId County_. ilAVING _ _ . dwclIiug house _ ilIId _ as RD. 11, 0xf0I1I Road, GanbleB,PA. BEING nm SAME premises whid! Ridwd A._ ilIId Di.ma L. _,his wife, by IJe<d bearing .Ian: lho 23nI day of Seplember, 1985, ilIId _ 011 t3nl day of Seplember, 1985 intbeOfliceofille_oflJe<dsin ilIId flY CmnberlilIId County, l'<inlsylvllllia, in IJe<d! __ M31, Page 009, gnmI<d ilIId COIl- '"'fed _ Thomas r.ny, Jr. aDil KalhIoen r.ny, his.... lJNIJIIR AND SUllJEC.T 10 _ ilIId .-..__ofmml. TAXMAP~.40-39c2211-008. REAL ESTATE SALE NO. 12 Writ No. 2004-6125 Civil Sovereign Bank VB. Kathleen Petty and Thomas Petty, Jr. Atty.: Joseph Goldbeck ALL THATCERTAlN tract ofland. with the buildings and improvements thereon erected. situate in South Middleton Tovm.ship, Cumberland County. Pennsylvania, more par- ticularly bounded and described as follows, to wit: BEGINNING at a steel pin set on the eastern most dedicated right- of-way line of Township Road T -538, also known as Oxford Road. saId pin marking the joinder of the line which extends between Lots Nos 8 and 9 on the hereinafter mentioned Plan of Lots, with the aforemen- tioned dedicated light-of-way line; thence departing from the dedicated right-of-way line of Oxford Road and extending along Lot No. 8 on the hereinafter mentioned Plan of Lots. South 83 degrees 44 minutes 18 seconds East 252.30 feet to a steel pin at Lot no. 7 of the Plan; thence extending along Lot No, 7 on the hereinafter mentioned Plan of lots South 6 degrees 15 minutes 42 seconds West a distance of 172- .71 feet to a steel pin at lands now or late of Ross J. Richwine; thence extending along lands now or for- merly of Ross J. Richwine North 84 degrees 11 minutes 19 seconds West a distance of 152.70 feet to a steel pin on the eastern most dedi~ cated riiht-of-way line of Township Road T-518. also known as Oxford ". Road: thence extending in and along the eastern most dedicated right~ of-way lJne of Oxford Road North 23 degrees 32 minutes 15 seconds West a distance of 200.41 feet to a steel pin located on said dedicated right-of-way line at Lot No.8 on the hereinafter mentioned Plan of Lots. said pin marking the place of BE- GINNING. CONTAINING 35.124 square feet and being designated as Lot No. 9 on the final plan of subdivision. pre- pared for John H. Fox by Jerry D. LaRue, R.S., dated November 28, 1977, and recorded in Plan Book 33, Page 3, cumberland County records. HAVING thereon erected a dwell- ing house known and numbered as RD, # 1. Oxford Road, Gardners, Pa. BEING THE SAME PREMISES which Richard A. Freeman and Diana L, Freeman, his wife, by Deed bearing date the 23rd day of Sep- tember, 1985, and recorded on 23rd day of September, 1985 in the Office of the Recorder of Deeds in and for Cumberland County, Penn- sylvania, in Deed/Record Book M31, Page 609, granted and con- veyed unto Thomas Petty, Jr, and Kathleen Petty, his wife. UNDER AND SUBJECT TO re- strictions and conditions as nowappear of record. TAX MAP PARCEL # 40-39-2211- 008. \: \ I I Real Estate Sale #12 On February 14,2005 the Sherifflevied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 214 Oxford Road, , Gardners, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 14,2005 B~()~S~ Real Estatd Deputy 81 :b "i:/ LZ Nvr 500Z V'd '^lNIiU~) Qr~VIH::J8wn8 .:L:llil3HS 3Hl .:JO 381.:J.:JO - ~ c::.\r\l c::.\r\l ~ ~