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Home My WebLink About04-6291 GOLDBECK McCAFFERTY & McKEEVER By: JOSEPH A. GoLDBECK, JR. AT,TORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS CITIFINANCIAL SERVICES INC. 14415 South 50th Street Suite 100 Phoenix, AZ 85044 OF Cumberland COUNTY CNIL ACTION - LAW Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE SONYA R. CRULL Mortgagor and Real Owner 14 Fickes Road Newville, PA 17241 Term No. 04 -10).9/ c.;ulL 'fIL~ CiVIL ACTION: MOOTGAGE NOT ICE ~(}~ECl~URE 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 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 HA VE 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 MAY 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. Defendant LEGAL SERVICES INC 8 Irvine Row Carlisle, P A 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIA nON 2 Liberty A venue Carlisle, P A 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENT ADAS, ES ABSOLUT AMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SER VIDO CON EST A 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 CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A EST A DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU P ARTICIP ACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERlRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE EST A DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER Dl,NERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEV AR ESTE P APEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VA Y A 0 LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE P AGARLE A UN ABOGADO, EST A OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO 0 GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, P A 17013 717-243-9400 CUMBERLAND COUNTY BAR AS SOCIA nON 2 Liberty Avenue Carlisle, P A 17013 THIS 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. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or . 2). Call Pennsylvania Housing Finance Agency at 800-342-2397 for a counseling agency in your neighborhood. 3). Visit HUD'S website www.hud.gov/offices/hsg/sfh/econJecon.cfm for Help for Homeowners Facing the Loss of Their Homes. 4). Call your lender 877-675-3656 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoffthe mortgage or request a Loan Workout / Home Retention Package. Call Carol at 215-825-6329 or Nancy at 215-825-6358 or fax 215-825-6429 or 215-825-6458. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is Edward Sparkman who can be reached at 215-825-6318 or Fax: 215-825- 6418. Please reference our Attorney File Number of CIMD-0488. Para informacion en espanol puede communi carse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE .1. Plaintiff is CITIFINANCIAL SERVICES INC., 14415 South 50th Street, Suite 100 Phoenix, AZ 85044. 2. The name and address of the Defendant is SONY A R. CRULL, 14 Fickes Road, Newville, PA 17241, who is the mortgagor and real owner of the mortgaged premises hereinafter described. 3. On May 01,2003 mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to CITIFINANCIAL SERVICES INC., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1765 Page 1878. The Mortgage and Assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g) which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A". 5. The mortgage is in default because monthly payment of principal and interest upon said mortgage due June 02, 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 05/02/2004 through 12/31/2004 at 7.2480% Per Diem interest rate at $11.62 Reasonable Attorney's Fee Ifthe Mortgage is reinstated prior to a Sheriff's Sale the Attorney's Fees may be less than this amount based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff reserves its right to collect Attorney's fees of up to 5% of the remaining principal balance ($2,927.81) in the event the Property is sold to a third party purchaser at Sheriff's Sale or ifthe complexity ofthe action requires additional fees in excess of the amount demanded in the Action. Costs of suit and Title Search $58,556.17 $2,835.27 $1,250.00 Title/ Appraisal Fee $900.00 $63,541.44 +$225.00 $63,766.44 7. Plaintiff is not seeking a judgment of personal liability (or in personam judgment) against the Defendant in this Action but reserves it's right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discaarge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 8. Notice ofIntention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has "Qeen sent to Defendant 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 "B". The Defendant has not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $63,766.44, together with interest at the rate of $11.62, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms ofthe Mortgage and Pennsylvania law, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. ByL ~i ,~/1 ! ~~ , LDB K McCAFFERTY & McKEEVER ::-:> Q \ Y: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FORPLAWTWF VERIFICATION I, M e. \ \ s S~ V j Ver06 , 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: '1- ,L-( .-()( CIT~ANC~SER~CEsmc. ~ M eJ ~ SSlA Vi VeIDS) Se.c(e--tc\ r~ T,~fii3it .9L oJ... CJ '-f u I.f t After reconIina, JeCUnI to: C:ITIFDGUfCIAL SBRVrCB8. mc. 244 S PAYB'l"l'B ST SHIPPBHSBURG PI. 17257 r'-':ffiT P. ZIEGLER :CORDER OF DEEDS '3ERLAtIO COUNTY-, [12 JUL 17 AMID 09 I MORTGAGE 1 nlls MORTGAGE is lIIIde this 11th SONYA R. CRm:.Io clay of JUly 2002 . betw'Olla the Mortgagor. (herein "Borrower"), aDd the Mortppe. CX'1'IPDM<:IAL SlUtVICBS, DIC. a corpomioa orpDized IIId exiIIiDa . UDder the laws of PmDsyIYIIlia wbose address is 2ff, 8 PAYB'1"1'K 8'1' SRI:PPBR8BORG PI. 17257 (herein "l.eoder"). WHEREAS. ~ is iDdebted to Leader in tJIe principii SIIID of U.S. S 57.807.61 , which iDdebtedDea is erideIlced by ~'. DOle tilled 07/11/2002 IJ!d eueasioDs IDd reoewaIs tbclwf (herein "Note"), providiug for lIIlllIdIly it-II- of priIIcipIllDd inIereat. with the baIaDce of the iDdebtedness. if DOt sooner paid. clllellldJlllYlbloCll 07/20/2032 : TO SECURE to I.tIIIIer lbe ~ of the :nrL.And>"''' evidea:ed by the Note, with iDtcmt tbcrcon; !be paymeat of III ~ IUIIII. widllbe iJIlI!Nt thcnoD. IdVIDClld in IllCOI'lIaDCe bemYith to protect the security of this Mortpp; lIId die .I'-~ of lbe ClWIDIDtI lIId ........ of BoI1'O'Nel' IIerein comained. Borrower cIoeIliareby 1IIIlftJIae, ... IIId COIM)' to LcIIdIr lbe fuUowm, deIcribed property located in tile County of ,'- T ."11I\ . ; SlIfe of Peaasylvlllia: . ALL THAT CIm'rAIlll PARCKI. 01' LPoRD IH THB '1'OIIJISHIP OP tlBST PBlDUlBOllO, Cl!:. qT..1m OClImI'l'T, 'C::lc:_ _.aL'l'II 01' PI., AS IIOIlJt POLLY DBSClUBBD IH DIBD BOOK 1'2, PAGS It., In I 66-10-0120-01., BBIBG IBOMR ARD DUX-.TJID AS ID'l' :a, CJIIORCJII .. 8'I'JIMBMJQH, Pn.BD Ill' PIAT BOOlt 26, PAGE 122, D1lIG MORB PM'ncm.utLY DUClUBBD AS A MftBS AND BOmm8 PaOPBRTY. BY P'BB 8IMPLB DBBD PJltI4 LBB R. catJL1" 1fIDOIfIIR, AS 8ft roR'1'H IH DBBD BOOK 162, JaQI .,. DATJID 08/1./1997 AID RIOORDID 08/16/19S7, aJMBDLIUIJ) COUlITY' UCOJIDS, /Y'"'c -h.uLTH OF Pl.. TO'l'AL CXlIfSlDBRA'l'IOIJ IS $1.00. BEING pnIIIIi.- wbidllle JIJOR! fully described in a deod darlld tile 21st day of JOn IIIl1 ftlllOftIed in die oaiclc of tile Recorder of Deeds of cr :alQ'T.\Fl Couory, PIiIIDIyMaia. in Rec:onI Book 162 , Volume ,PIp .,. . .,,00.2-17fM1M) Orlpul(-9'lIIAIr4d) CGn'(anaaJa) COpJr(CUtGNa'} -<;. . 2001. -.;.;i, -....1.,7 T,~fiiji t '13 ACT 91 NOTICE DATE OF NOTICE: November 10,2004 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. This is an official notice that the mortgage on your home is in default. and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name. address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions. you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact any attorney in your area. The local bar association may be able to help you find a lawyer. La notificacion en adjunto es de suma importancia, pues afecta su derecho a continuar vivien do en su casa. Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes ser elegible para un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. Prepared by: GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia, P A 19106 Fax (215) 627-7734 71bO 3901 9848 3827 0853 ~=t~I.]=t:tJ:I::(II.1il_ 1 Date: November 10,2004 Homeowners Name: SONYA R. CRULL Property Address: 14 Fickes Road, Newville, PA 17241 Loan Account No.: 2000510231262 Original Lender: CITIFINANCIAL SERVICES INC. Current Lender/Servicer: CITIFINANCIAL SERVICES INC. HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. 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 ofthe 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 2 forth at the end ofthis 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 ofthe designated consumer credit counseling agencies listed at the end ofthis Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your fact-to- face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 14 Fickes Road, Newville, PA 17241 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 3 (a) Monthly payment from 06/02/2004 thru 11/10/2004 (6 mos. at $395.78/month) $2,374.68 (b) Late charges (c) Other charges; Escrow, Inspec., NSF Checks (d) Other provisions of the mortgage obligation, if any (e) TOTAL AMOUNT REQUIRED AS OF THIS DATE: $2,374.68 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date ofthis notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $ 2.374.68 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check or money order made payable and sent to: CITIFINANCIAL SERVICES INC. 311 New Rodgers Road Levittown, PA 19056 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 ri~hts to accelerate the mort2a~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 your mort~a~ed property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay offthe mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender brings 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, iflegal 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. Ifvou cure the default within the THIRTY (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 Sheriffs 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. 4 EARLIEST POSSIBLE 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 four (4) to six (6) months from the date of this Notice. A notice ofthe actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: CITIFINANCIAL SERVICES INe. Address: 311 New Rodgers Road Levittown, P A 19056 Phone Number: 877-675-3656 Fax Number: Contact Person: Loss Mitigation Department 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 Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HA VE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) 5 * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Contact Person: Loss Mitigation Department Phone Number: 877-675-3656 6 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY CCCS OF WESTERN PENNSYLVANIA INC. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 URBAN LEAGUE OF METROPOLITAN HARRISBURG 2107 N. 6th Street Harrisburg, P A 17101 (717) 234-5925 FAX (717) 234-9459 COMMUNITY ACTION COMM OF THE CAPITAL REGION 1514 Derry Street Harrisburg, P A 17104 (717) 232-9757 FAX 234-2227 FINANCIAL COUNSELING SERVICES OF FRANKLIN 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA OF CARLISLE 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 ADAMS COUNTY HOUSING AUTHORITY 139-143 Carlisle Street Gettysburg, P A 17325 (717) 334-1518 FAX (717) 334-8326 ~~ ~ ~ ~ "- ~ D ~ ~ -v ~ ~ ~ ~ G' ~ n r;,~ -" ,~ . ,....., t;:~ ') (,._.J .;.- f,~,~ r I : ('J U': .' ~1 (..j -, C', -"J Ci .1 .--1 ~,..~ -:1 I, . ," .,., ""'1 . --, \. ~ .:.' \ ,': ,":J .~. ~; ~ r""J ':.- . ; i'r~ 8 1",) ''', SHERIFF'S RETURN - REGULAR CASE NO: 2004-06291 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIFINANCIAL SERVICES INC VS CRULL SONYA R DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CRULL SONYA R the DEFENDANT , at 2011:00 HOURS, on the 3rd day of January , 2005 at 14 FICKES ROAD NEWVILLE, PA 17241 by handing to SONYA CRULL 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 8.14 .00 10.00 .00 36.14 i~"kY.c::~~ R. Thomas Kline 01/05/2005 GOLDBECK MCCAFFERTY MCKEEVER Sworn and Subscribed to before By: a j/p#~~ Deputy Sheriff V me ""thi s ;;z i..j ~ / \ LhJAA.AUH; 02t.JO ,! /~ I"IJ_ 0. }it<;J1--J Prothonotary I ~ day of A.D. ~ . G~LDBECK 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 CITIFINANCIAL SERVICES INC. 144 I 5 South 50th Street Suite 100 Phoenix, AZ 85044 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff Ys. CIVIL ACTION LAW SONYA R. CRULL (Mortgagor(s) and Record owner(s)) 14 Fickes Road Newville, P A 17241 ACTION OF MORTGAGE FORECLOSURE Defendant( s) No. 04-6291 ORDER FOR JUDGMENT Please enter Judgment in favor of CITIFINANCIAL SERVICES INC., and against SONY A R. CRULL 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 $64,370.68. I hereby certify that the above names are correct and that the precis e i nee address of the judgment creditor is CITIFlNANCIAL SERVICES INC. 14415 South 50th Street Suite 1 0 Phoenix, AZ 85044 and that the name(s) and last known address(es} of the Defendant(s) is/are SONYA R. CRULL, 14 Fickes Road Newville, PAJ724l; GOLDBECK Mc BY: Joseph A. Go Attorney for Plaint , . ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $58,556.17 Interesl from 05/02/2004 through 02/2]/2005 $3,439.51 REASONABLE Attorney's Fee $1,250.00 Late Charges $0.00 Costs of Suit and Title Search $900.00 TITLE/APPRAISAL FEE $225.00 ($0.00) $64,370.68 GOLDBECK M BY: Joseph A. Attorney for Pia AND NOW, thiSJrR daYOffbb ,2005 damages are assessed as above. Pro Prothy VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation wi thin 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 subj ect to penal ties of 18 Pa. C. S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, SONYA R. CRULL, is about unknown years of age, that Defendant's last known residence is 14 Fickes Road, Newville, PA 17241, 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 within 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 CITIFINANCIAL SERVICES INC. ]44]5 South 50th Street Suite 100 Phoenix, AZ 85044 Plaintiff vs. SONYA R. CRULL (Mortgagor(s) and Record Owner(s)) 14 Fickes Road Newville, PA 17241 No. 04-6291 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 SONY A R. CRUll by default for want of an Answer. Assess damages as follows: $64,370.68 Debt Interest - 05/02/2004 to 02/2112005 Total (Assessmem 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 certify 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 occulTe at Ie t ten days prior to the date of the tiling of this praecipe. A copy of the notice is attached. R.C.P. 237.1 > AND NOW }F ~~ ~ C; , .;;;, ()(.:;;;J; , Judgmenl is entered in favor of CITIFINANCIAL SERVICES INC. and against SONYA R. CRULL by default for want of an Answer and dam assessed in the sum of$64,370.68 as per the above certification. C ~/J-i-;, ~. Prothonotary CIMD-0488 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 24, 2005 TO: SONYAR.CRULL 14 Fickes Road Newville, P A 17241 CITIFINANCIAL SERVICES INC. 14415 South 50th Street Suite 100 Phoenix, AZ 85044 In the Court of Common Pleas of Cumberland County Plaintiff CIVIL ACTION - LAW vs. SONYA R. CRULL (Mortgagor( s) and Record Owner( s)) 14 Fickes Road Newville, PA 17241 Action of Mortgage Foreclosure Term No. 04-6291 Defendant(s) TO: SONYA R. CRULL 14 Fickes Road Newville, PA 17241 IMPORT A NT NOTTC.li'. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRrITEN APPEARANCE PERSONALLY OR BY A TIORNEY AND FILE IN WRITING WIlli lliE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF lliIS NOTICE, A nJDGMENT MAY BE ENTERED AGAINST YOU WIlliOUT 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 WIlli INFORMATION ABOUT HlRlNG A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO BUG/BLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVlCES INC 8 hvine 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. Attorney for Plaintiff Suile 5000 - Mellon Independence Center. 70 I Market Street Philadelphia,.PA 19106 215-627-1322 -l9- 'G-pP~ ':i-1t-~~ S~~~ ~ ~~:o tl' }.J +-- ~ ok " ... . . C\ ." .' L.,' -GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck. Jr. Attorney 1.0.#16132 Suite 5000 - Mellon Independence Center 70 I Market Street Philadelphia, PA 19106-1532 215-627-1322 Attome for Plaintiff CITlFINANCIAL SERVICES INC. 14415 South 50th Street Suite 100 Phoenix, AZ 85044 CIMD-0488 06/08/2005 $64,370.68 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LA W vs. ACTION OF MORTGAGE FORECLOSURE SONY A R. CRULL Mortgagor(s) and Record Owner(s) Term No. 04-6291 14 Fickes Road Newville, PA 17241 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: ~ ( ) ( ) ( ) Personal Service by the Sheriffs Office/__ . (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 Sheriffs 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 l~ P.S. Section 4904. /. 7. 1" ~ U{,,1 ! ';' L-Re p II:f d, L ' C-c B)':A oldbe Attorney for flaintiff (_ {/ V J ~ o iJ, ~. "<1 o 0 , 3 ~ ..., ~ (j:J ~ CP .... ) ~ ~ "<1 ~ ~ '" % <;j il ~ 9.- ~ ...t:: ,-- -<\ ~9. ~'>>-, " ~\\ ~9. 0( l\ \ ;0-1" '?;~\ %" ;\ -0-\ %9. o~. H l \\ ~\ '" ~.\ ~ 9.. 1\ .,. ~,\ 3\ ~ -g. i\ n o % r; s. \ ~ \ rl/I \ t \J-- ~ ... \ \ \-~ \-~ ~ ~ ~..\ \\ . I ~ I ~ '" ;j\ '" \/\/ \ .../ \ .----t..~-t--- \ --T \ \ -- 0\ '-"\ 0>\ :-'\ \ \ \ \ \ I \ I ~... ...~.\ . \ \ ~- \ \ \ \ \ \ \ \ .---. \ \ \ \ \ \ \ \ \ \ s- F <? Gl ~ "0 o ~ "0 '" " ..\ \ \ \ \ \ \ \--- \ \ , \ \ \ .L.- I \ \.--------.-- \'-" (;.>. ~rn-.. \(1)")>"J> 01'" :"O';l:l~!T\6. \~~~g~~ \;1:"-\ ro -(I) W ?-t ~ ~~ if, "J> !T\ 3- "-\ <!< - Citifinancial Services, Inc. VS Sonya R. Crull In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-6291 Civil Term Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on April 21, 2005 at 4:36 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Sonya R. Crull, by making known unto Sonya Crull, at 14 Fickes Road, Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on April 08, 2005 at 7:23 o'clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Sonya R. Crull located at 14 Fickes Road, Newville, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Sonya R. Crull, by regular mail to her last known address of 14 Fickes Road, Newville, P A 17241. This letter was mailed under the date of April 25, 2005 and never returned to the Sheriffs Office. Sworn and subscribed to before me This _ day of ~~ R. Thomas Kline, rl'eriff 2005, A.D. Prothonotary B~ IJ d~J vvuf(~ Real E tate Deputy GOLDBECK McCAFFERTY & McKEEVER 'BY: Joseph A Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 70 I Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CITIFINANCIAL SERVICES INC. 14415 South 50th Street Suite 100 Phoenix, AZ 85044 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW vs. SONYA R. CRULL Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 14 Fickes Road Newville, P A 17241 Term No. 04-6291 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 ClTIFINANCIAL SERVICES INC., Plaintiff in the above action, by its attorney, JosephA. 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: 14 Fickes Road Newville, PA 17241 l.Name and address ofOwner(s) or Reputed Owner(s): SONYA R. CRULL 14 Fickes Road Newville, PA 17241 2. Name and address ofDefendant(s) in the judgment: SONYA R. CRULL 14 Fickes Road Newville, PA 17241 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, P A 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 t . '4. Name and address of the last recorded holder of every mortgage of record: CONSECO BANK 2825 E. COTTONWOOD P ARKW A Y SUITE 230 SALT LAKE CITY, UT 84121 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/OCCUPANTS 14 Fickes Road Newville, PA 17241 (attach separate sheet ifmore 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 snbject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: May 3.2005 \ () (1) fl.' e~6~ r< J "'/ i \ ! ''-,) ~ - , C, -, - .' c; _-Ii c.) I,ertilied Mail Provides: ,I'>, mailing C8ceipt n. UniQUf, .(jen!;f(cy :~\';':)LY 1T!31\pinc , A C('CQfc! d dehvelV l<ep: by file Fn: ra, ,x" vil.;;, fce -"'.u ve!:H" IJ,'pnftant Reminders . Cnrlified Maii mev (:lr\! . !.:ert:fii"d M,:ji;' "',;;.i;\h\p 'f)' ,3n', d,:S; .^.j r,:",rnal:nn:,; "1;'$ H'I';e'-a/-, -;\r;>,-""",('r;C'Ii,- (nnt,,-.., ',,,,,' ',1)1', ',' . NC' INSUHANC-, -'i-l;jV;LlE:\~\ NHh . P(:i\',,'j v.-1hJi:\bles. please cons'rj(" :Jr IleQ.istere(1 MR\I ft '<'I an additional fHe, ;) ; l't~lc,t, : leeeIJ}' 'nay h: 'oquestHcl to 0'$vldf' P:,'_,,/ le1iv8IY_ To obtain Return .'leceipt $el\!ice., p\ea~e complete and all~ch <J ni}tw ''If),wpt IPS Form :.iH11: 'f; Ow article anI' add applicable postage to covell 88, Endorse maifpicC8' R,'}twn Recoil1~ Cje\lu()~,ted" To roce.ive a fee waiver \ duplicate return ferellll i1 I. mF'S,,; '1c<stmar!-; \'" ynur Cerlltled Mail re("8lpl eq\jl~~j . '01 :-111 addirjona ine '."~\'\i'Jlf l)C' :ddressee's nuth0rized a~Bni AdvlSF: ndorsemen! "neslric!erJ, )eli\l('r'~' ad(Jres5<~e ,-,r 11~;Jrk 1'11) mailpiece with Ii w ] postmark on th- i8 fll file pm;t office I )(~nipf i''i 'in no~dp:j. \'Aj,' IMrORTANT: Save this receipf and pre"e:nt (\ when rnaking an inQUlrv tntunet access to delivery information is nol ",tililable on mail adoressed to APOs and FPOr, . ~~':'" PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) ... P.R.C.P 3180-3183 Ioseph A. Goldbeck, Ir. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PAl 9106 215-627-1322 Attorney for Plaintiff CITIFlNANCIAL SERVICES INC. 144 I 5 South 50th Street Suite 100 Phoenix, AZ 85044 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County VS. CIVIL ACTION - LAW SONYA R. CRULL Mortgagnr(s) and Record Owner(s) 14 Fickes Road Newville, PA 17241 ACTION OF MORTGAGE FORECLOSURE Defendant( s) No. 04.6291 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 05/02/2004 to 02/2112005 at 7.2480% $64,370.68 (Costs to be added) GOLDBECK Mc BY: Ioseph A. Gol Attorney for Plainti f ~ ~ ~ ~ ~ --~ 0'0 e"l U OJ"" "'0 \-,0 ~~ o U ~ I-' ~ o ~ if] \j -- ~ '" if] ';i o ~ ~ \:: \:: u J:, ,. ;:; '" -' ~ ~ -- .-:;0 ;!, ,..)..p~t- ~g~::: u. ~ ~p.. ~"d ~ V 4. ~.~a '?'" .~~ ~ 7<...;...;'-' ~ o ~ p if] " cl) B b g I-' ;;> U ~~ \0'1 a Q ..."!i o " ... ~~ ~ .- ~~ ... \0'1 e: U ~ .. "" <.P ~ " v", ,gP- .-0'0 0.", <te ~o 1J,~ o ~ 'il ~ ~ tv " v ~ 'f:. -g "OJ __ ~~4)O"r~ .... ~....... M at. g. iJ, <t '" ......,g.... p....~ ... ~ II) ~,t-- ~ .-< j;l. ,~('~ ....... ~ ~.~ "9 ~ o...:::.9'V'l U~?<<l)"-; o:..l ~.........-o ('~ ..,;",0.", ~ t-'~ .:t \ 1;", vo. ~ Vo. ~~ -Q23 u.~ if, -=~ 11 -+ 'J. " ... '- ~ + -r~ - -j ~ .0 -' ~ -0 ..j (-tJ- r6 ~ (f~ '" <1J ~ - - :) <J \ \ (J ~ yrt a () :; - ~ C) -::r- () () lt1 -- ""'f- a - VI () ~ t.,; ~ ~ d"" ~ -- - -- r<) -- "'" '1>9- ALL THAT CERTAIN tract ofland situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with Plan Subdivision for George P. Stambaugh dated April 28, 1975 and recorded in the hereinafter named Recorder's Office in Plan Book 26, Page 122, as follows: BEGINNING at a spike in the centerline of existing 33 feet wide Township Road T-344 at the Northeastern comer ofland now or formerly of William C. Woods; thence along the Northern line of said land now or formerly of William C. Woods, South 80 degrees 15 minutes West, a distance of213.62 feet to so iron pin in line ofland now or formerly of George F. Stambaugh; thence along said line ofland now or formerly of George F. Stambaugh, North 13 degrees 48 minutes West, a distance of 132 feet to an iron pin; thence still along line ofland now or formerly of George F. Stambaugh, North 71 degrees 16 minutes East, a distance of248.52 feet to a spike in the said centerline of existing 33 feet wide Township Road T-344, South 04 degrees 09 minutes East, a distance of SO feet to a spike; thence still along the said centerline of existing 33 feet wide Township Road T-344, South 01 degree 26 minutes East, a distance of 122 feet to a spike at the Place of BEGINNING. PARCEL NO. 46-10-0620-0]4 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-6291 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIFINANCIAL SERVICES, INC., Plaintiff (s) From SONYA R. CRULL, 14 FICKES ROAD, NEWVILLE, PA 17241 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the gamishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $64,370.68 Interest FROM 5/2/04 TO 2/21/05 AT 7.2480% L.L. $.50 Atty's Comm % Atty Paid $118.14 Plaintiff Paid Date: FEBRUARY 25, 2005 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) Prothonotary c....lly d; i?~ D / P Deputy ~~/U2-(j REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone, 215-627-1322 Supreme Court ID No, 16132 Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney 1.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff CITIFINANCIAL SERVICES INC. 14415 South 50th Street Suite 100 Phoenix, AZ 85044 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. CIVIL ACTION - LAW SONYA R. CRULL (Mortgagor(s) and Record Owner(s)) 14 Fickes Road Newville, PA 17241 ACTION OF MORTGAGE FORECLOSURE Defendant( s) No. 04-6291 AFFIDA VlT PURSUANT TO RULE 3129 CITIFINANCIAL SERVICES INC., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the wril of execution was tiled the following information concerning the real property located at: 14 Fickes Road Newville, P A 17241 I.Name and address ofOwner(s) or Reputed Owner(s): SONYA R. CRULL 14 Fickes Road Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: SONY A R. CRULL 14 Fickes Road Newville, P A 17241 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, P A 170 J3 P A DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P,O, Box 2675 Harrisburg, PA \7105-2675 4. Name and address of the last recorded holder of every mortgage of record: ,~ CONSECO BANK 2825 E. COTTONWOOD P ARKW A Y SUITE 230 SALT LAKE CITY, UT 84121 . 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/OCCUPANTS 14 Fickes Road Newville, P A 17241 (attach separate sheet if more space is needed) I verilY 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. GOLDBEC BY, Joseph A. Go Attorney for Plaint f TY & McKEEVER r., Esq. DATED: February 21. 2005 04-6291 I, r GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldheck, Jr. Attorney ID.#16132 Suite 5000- Mellon Independence Center 70 I Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff CITlFlNANCIAL SERVICES INC. 14415 South 50th Street Suite 100 Phoenix, AZ 85044 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW VS. SONYA R. CRULL Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 14 Fickes Road Newville, PA 17241 Term No. 04-6291 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 A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CRULL. SONY A R, SONYA R. CRULL 14 Fickes Road Newville, PA 1724] Your house at ] 4 Fickes Road, Newville, P A 17241 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 01$64,370.68 obtained by CITIFINANCIAL SERVICES INC. 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: I. The sale will be cancelled if you pay to CITIFINANCIAL SERVICES INC., 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 judgmenl, if the judgment was improperly entered. You may also ask the Court to postpone Ihe sale for good cause. ~ 04-6291 . 3. You may also be able to stop the sale through other legal proceedings. Yau 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 ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT 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 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 bas happened, you may call the Sheritfof717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the O'Wller of the property as if the sale never happened. 5. You bave a 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 Ihe 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 Sheriffs Sale. This schedule will state who will he 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 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 Joseph A. Goldbeck, Jr. Attorney LD. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CITIFINANCIAL SERVICES INC. 14415 South 50th Street Suite 100 Phoenix, AZ 85044 Plaintiff IN THE COURT OF COMMON PLEAS vs. of Cumberland County SONY A R. CRULL Mortgagor(s) and Record Owner(s) 14 Fickes Road Newville, PA 17241 CIVIL ACTION - LAW Defendant(s) ACTION OF MORTGAGE FORECLOSURE NO. 04-6291 CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. ALL THAT CERTAIN tract ofland situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with Plan Subdivision for George P. Stambaugh dated April 28, 1975 and recorded in the hereinafter named Recorder's Office in Plan Book 26, Page 122, as follows: BEGINNING at a spike in the centerline of existing 33 feet wide Township Road T-344 at the Northeastern comer ofland now or formerly of William C. Woods; thence along the Northern line of said land now or formerly of William C. Woods, South 80 degrees 15 minutes West, a distance of213.62 feet to so iron pin in line ofland now or formerly of George F. Stanlbaugh; thence along said line ofland now or formerly of George F. Stambaugh, North 13 degrees 48 minutes West, a distance of 132 feet to an iron pin; thence still along line ofland now or formerly of George F. Stambaugh, North 71 degrees 16 minutes East, a distance of 248.52 feet to a spike in the said centerline of existing 33 feet wide Township Road T-344, South 04 degrees 09 minutes East, a distance of SO feet to a spike; thence still along the said centerline of existing 33 feet wide Township Road T-344, South 01 degree 26 minutes East, a distance of 122 feet to a spike at the Place of BEGINNING. PARCEL NO. 46-10-0620-014 STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO. 66287 KERNS, PEARLSTINE, ONORATO & FATH, LLP 425 West Main Street P.O. Box 29 Lansdale, PA 19446-0029 215 855-9521 CITIFINANCIAL SERVICES, INC., PLAINTIFF, ATTORNEY FOR THIRD-PARTY PURCHASER,CENTRAL PENN PROPERTY SERVICES, INC. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA v. SONYA R. CRULL, DEFENDANTS. NO: 04-6291 EMERGENCY PETITION OF CENTRAL PENN PROPERTY SERVICES, INC. FOR AN ORDER PERMITTING SETTLMENT OF SHERIFF'S SALE NUNC PRO TUNC Third-party purchaser, Central Penn Property Services, Inc. ("Central Penn"), by and though its undersigned counsel, hereby moves this Court for an order permitting it to settle a Sheriff's sale nunc pro tunc, thereby staying a re- sale of the property, presently scheduled for Wednesday, June 29, 2005. In support thereof, Central Penn avers as follows: 1. Plaintiff commenced the above foreclosure action under the above docket number, seeking foreclosure and sale of the I'eal property located at 14 Fickes Road, Newville, PA 17241 (the "Subject Property"). 2. Pursuant to its foreclosure judgment, Plaintiff exposed the Subject Property to a judicial Sheriff's sale in Cumberland County on June 8, 2005. 3. Central Penn appeared at the sale, and successfully bid on the Subject Property, with a bid of $36,500. 4. At the sale, Central Penn tendered its 10% deposit. 5. The balance of the proceeds was due to the Sheriff of Cumberland County by 12:00 p.m. on Friday, June 24, 2005. 6. Through inadvertence, Central Penn bl~lieved the settlement date was Monday, June 27,2005. 7. Upon discovery that the deadline was Friday, June 24th, a representative from Central Penn immediately travel<ed to the Sheriff's office to pay the balance. 8. A representative of Central Penn arrived at the Sheriffs office at approximately 1 :30 p.m. on Friday, June 24th, with funds in hand to pay the balance owing. 9. The Sheriff would not accept the funds, c:iting the 12:00 p.m. cut off. 10. As a result, the Sheriff has determined that Central Penn's deposit should not only be forfeited, but that the Subject Property should be exposed to sale in the Sheriffs office on Wednesday, June 29th. 11. Central Penn has contacted counsel for the Plaintiff, and Plaintiff has no objection to Central Penn settling nunc pro tunc. Counsel for Plaintiff has executed the annexed Stipulation, which stipulation is contemporaneously being filed herewith. This stipulation constitutes an agreeme,nt by Plaintiff to accept the funds and amount bid by Central Penn. 12. It is inequitable to force the re-sale of the Subject Property when Central Penn was 90 minutes late in arriving at the Sheriffs office. The Plaintiff is agreeable to permitting the sale to stand and allowing the funds to be transmitted after the 12:00 p.m. deadline. 13. In addition, re-sale of the Subject Property in the Sheriffs office itself may not net Plaintiff the same amount of proceeds it was getting through this public auction sale. Plaintiff stands to lose money as a result of the failure of the Sheriff to accept the funds tendered by Central Penn. It also necessitates Plaintiff having only two days to obtain new bidding instructions. 14. Further, creditors stand to lose out as a result of this procedure. The procedure of re-selling this property results in no notice to any creditor, lienholder or junior mortgagee of this re-sale. 15. While the fact that it is announced at the June 8th sale that any property may be re-sold if the settlement terms are not complied with, this is not an exact notice as required for due process purpo:ses. This very procedure denies basic due process of junior creditors, as it places the burden on them to check whether a property will be re-sold. See, e.g., Mennonite Board of Missions v. Adams, 462 U.S. 791(1983). 16. In light of the foregoing, Central Penn requests that this Court approve the stipulations being filed contemporaneously herewith and that the Court grant this petition, and enter an order permitting settlement nunc pro tunc, so that Central Penn can immediately tender the balance of funds it is holding. 17. Counsel for Central Penn has sent copies of the stipulation and Order to the solicitor for the Sheriff on June 27, 2005,. Counsel has also faxed the Solicitor a copy of this Petition. WHEREFORE, Central Penn Property Servic:es, Inc. requests that the Court grant this petition and enter an order permitting Central Penn to settle these sale nunc pro tunc, thereby canceling the sale scheduled for June 29, 2005. Respectfully submitted, IPiflJ ~~h:! M/Hladik, Esquire Date: b (77 r.r STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO. 66287 KERNS, PEARLSTINE, ONORATO & FATH, LLP 425 West Main Street P.O. Box 29 Lansdale, PA 19446-0029 215 855-9521 CITIFINANCIAL SERVICES, INC., PLAINTIFF, ATTORNEY FOR THIRD-PARTY PURCHASER,CENTRAL PENN PROPERTY SERVICES, INC. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA v. SONYA R. CRULL, DEFENDANTS. NO: 04-6291 CERTIFICATE OF SERVIC~ I, Stephen M. Hladik, esquire, hereby certify that I sen/ed a true and correct copy of the foregoing Emergency Petition on the following persons via facsimile, e-mail and first class mail on June 27,2005: David Fein, Esquire Goldbeck, McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 (Via e-mail, facsimile and first class mail) Edward Schorr, Esquire Solicitor for Cumberland County Sheriff's (Via Facsimile) By: STEPHEN M. HLADIK, ESQUIRE ATTORNEY 1.0. NO. 66287 KERNS, PEARLSTINE, ONORATO & FATH, LLP 425 West Main Street P.O. Box 29 Lansdale, PA 19446-0029 215 855-9521 CITIFINANCIAL SERVICES, INC., PLAINTIFF, Jl,TTORNEY FOR THIRD-PARTY PURCHASER,CENTRAL PENN PROPERTY SERVICES, INC. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA v. SONYA R. CRULL, DEFENDANTS. NO: 04..6291 STIPULATION AND ORDER WHEREAS, Plaintiff commenced the above-captioned foreclosure action at the above-referenced docket; and WHEREAS, the real property located at 14 Fickes Road, Newville, PA 17241 was the subject of the mortgage foreclosure action (the "Subject Property"); and WHEREAS, Plaintiff exposed the Subject PropElrty to sheriff's sale at the Cumberland County Public Action Sheriff's Sale held on June 8, 2005; and WHEREAS, Central Penn Property Services, Inc. was the successful bidder on that date and tendered a deposit of $3,650.00; and WHEREAS, Central Penn Property Services, Inc:. appeared at the sheriff's office on June 24, 2005 at approximately 1 :30 p.m. to c:omplete settlement of the property by paying the balance due of $35,027.00; and WHEREAS, the Sheriff of Cumberland County refused to accept same due to the fact that it was past 12:00 p.m. on that date; and WHEREAS, the Plaintiff is agreeable to permitting Central Penn Property Services, Inc. to complete settlement of the sale nunc pro tunc. NOW THEREFORE, Plaintiff and Central Penn Property Services, Inc. hereby agree as follows: 1. Plaintiff agrees that Central Penn Property Services, Inc. may immediately tender the balance due of $35,027.00 to Ilhe Sheriff of Cumberland County which tender shall complete the balance due. 2. When Central Penn Property Services, Inc. completes payment of the balance due to the Sheriff, Plaintiff agrees that the I~ontinuation sale currently scheduled for June 29, 2005 will be cancelled, and the sale held on June 8, 2005 is confirmed in all respects. We have read the above agree to same. By signing below we consent that we have the authority to enter into this agreememt. Facsimile signatures shall be deemed to constitute original signatures. Citifinancial Services, Inc. By: ~ David Fein, Esquire Attorney for Plaintiff Central pen?t:Jn ~;rty Services, Inc. I ' // , ,1, By: ,'v Steph~ M. Hladik, Esquire Att'orfiey for Third-party Purchaser AND NOW, this day of June, 2005, upon consideration of the foregoing stipulation of the parties, the Stipulation is hereby made an Order of the Court. BY THE COURT: J. VERIFICATION Gregory K. Millen, hereby states that he is the fr..<;&A~ ~L Pehffnthis action; that he is authorized to and does take this Verification on behalf of said _PI' ith~ r and that the statements made in the ffw'1t0 lj &h h ~ are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statlements herein are made subject to the penalties of 18 PA. C.S. ~4904, relatin~l to unsworn falsification to authorities. Date: fp!z7(oS , C-~ Name: Gregory K. Millen (") .....> 0 <:;::2 ('- .:;::::' -r1 ;~- (....J~ <-- .-, ,. C~ :r: -n ,-.,,""" en ,~ .....' -00' ~-'>\::;' CP , , C) =,~ , (:-:.s -... ~;: , ',"<1 , , ,) :--.:J -" -< STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D.NO. 66287 KERNS, PEARLSTINE, ONORATO & FATH, LLP 425 West Main Street P.O. Box 29 Lansdale, PA 19446-0029 (215 855-9521 CITIFINANCIAL SERVICES, INC., PLAINTIFF, RECEIVED JUN 28 200s ~ ~ ATTORNEY FOR THIRD-PARTY PURCHASER,CENTRAL PENN PROPERTY SERVICES, INC. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA v. SONYA R. CRULL, DEFENDANTS. NO: 04-6291 ORDER AND NOW, this ~ <;~ day of June, 2005, upon consideration of the Emergency Petition of Central Penn Property Sen/ices, Inc. for an Order Permitting it to Settle Sheriff's Sale Nunc Pro Tunc (the "Petition"), and the response, if any, of any interested party herein, it is hereby ORDERED that 101?e~;u" i::; ~~Ar4T[:O <"'0 (II) l-e"hal Penn P, Uf"'" Iy Servi<.;e::;, IlIc. IS nereoy permlttea to seme me ::.nerrrr s sale or .lUll... 8, ::l085 vvith ":"\j~rd lu the leal ~rupt:H1Y 10caTe!1 a\ -14I-lcKes I'{oaa, Newville, PA. vI~~ 17?.11; aRB ~t-- ~ ~~ ~~ /"'-r ;"),;-0 orl"?- O"C;J, ~~[R[5 t11$ Celltral I"e~n ~roperty ~ervlces, 111<';. .,ITdIl telldc, Lilt:; 1t::lllijilllllY Ddldlll..t::: Lv the \:)nenrr oelure IO.uu a.m. on June L:9, 2005; 84,d it i~ FDt-< r hE" ORDE"EI5 thaI UPUII lenaer OT me oalance, the Sherift of ,.2883. . .1. tyf ~~ "" t t r ~' ~t~ }J ~~ \-j\N'Iii\l ",:;::',';"<.N!:-o'CJ" _ _..,.,...,,......,,'"' "",,(""., ,.,,-'-c'V" IV . 1'J..I ,~\,"J f:> S?':7. \AJ 92 11\\) S~~?, rtNlQ~\Or'.l.()cid ;i1.1i. .j0 . . 1~\:\~O'C\3 \\::1 CITIFINANCIAL SERVICES, INC., : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. SONYA R. CRULL, Defendant : NO. 2004 - 6291 CIVIL TERM ORDER OF COURT AND NOW, this 28TH day of JUNE, 2005, after consideration of the Petition of Penn Services, Inc. for an order Permitting Settlement of Sheriffs Sale Nunc Pro Tunc it is hereby ordered and directed as follows: 1.) The parties are given ten (10) days to reach a stipulation offact or to file a request for an evidentiary hearing. 2.) If an evidentiary hearing is not requested, petitioner shall file a brief in support of its position by JULY 18. 2005. 3.) Respondent shall file a reply brief by JULY 28.2005. 4.) Argument shall be held before the undersign,~d on AUGUST 1. 2005 at 3:00 p.m. Edward E. Guido, J. David Fein, Esquire 701 Market Street Suite 5000 Phila., Pa. 19106 . ~ (, ,)7,06 ~hV (j Stephen M. Hladik, Esquire Y I 425 West Main Street - P.O. Box 29 Lansdale, Pa. 19446-0029 jJ. tA.:r/ - ~ J-.-v !dWlIl'Ltl Sc.AIIt"~ $~ . Sonya R. Crull 14 Fickes Road Newville, Pa. 17241 i .:::r ?i 0 >-=: :3 \3~ '8r:?, .,.;. lt~ a- C)~ ~ ""?' t:T' ~ ('oJ ,c~; :;;II: ;1::2: ~ Jl~ OJ '5 .g 5 'R> 0 - CITIFINANCIAL SERVICES, INC., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. SONYA R. CRULL, : NO. 2004-6291 CIVIL TERM Defendant SHERIFF'S RESPONSE TO EMERGENCY PETITION OF CENTRAL PENN PROPERTY SERVICES. INC. AND NOW, comes the Sheriff of Cumberland County, by and through his solicitor, Edward 1. Schorpp, Esquire, who responds to the Petition of Central Penn Property Services, Inc., as follows: 1-6. Admitted. 7. Denied. After reasonable investigation, the Sheriff is without information sufficient to form a belief as to the truth of this averment and the same is therefore denied. 8. Admitted in part and denied in part. It is admitted that Petitioner's employee arrived at the Sheriff s Office at the approximate time on said date. After reasonable investigation, the Sheriff is without information sufficient to form a belief as to th,~ truth of this averment insofar as the allegation that the employee had funds in hand to pay the balance due and the same is therefore denied. 9. Denied as stated. The Office of the Sheriff would not accept a tender of funds at that time. 10. Denied as stated. The Sheriff determined that Petitioner had not complied with the terms and conditions of sale and, as a result, the down payment would be forfeited and the property re-exposed for sale. The Sheriffs determination was in keeping with the terms and conditions of sale. 11. Denied. After reasonable investigation, the Sheriff is without information sufficient to form a belief as to the truth of these avennents and the same are therefore denied. The avennent that the stipulation constitutes an agreement is a conclusion of law requiring no response herein. 12. Denied. After reasonable investigation, the Sheri.ff is without information sufficient to form a belief as to the truth of these avennents and the same are therefore denied. The averment that any conduct is inequitable is a conclusion of law requiring no response herein. By way of further answer, the Sheriff establishes the tenns and conditions of sale which are binding upon all persons interested in the property, the creditor, the debtor, the successful bidder and unsuccessful bidders. The agreement ofthe execution creditor is of no legal consequence. 13. Denied. The averments of this paragraph amount to speculation and not averments offact to which the Sheriff can respond. Further, Plaintiff was aware of the terms and conditions of sale and the last sentence of this paragraph is therefore denied. 14. Denied. The averments ofthis paragraph amount to speculation and not avennents of fact to which the Sheriff can respond. The last sentence of this paragraph is denied as the relevant terms and conditions were published three successive weeks prior to the sale, announced prior to the sale, and acknowledged in writing by the creditor's attorney prior to the sale. 15. Denied. These avennents constitute conclusions oflaw requiring no response herein. l6. Admitted in part and denied in part. It is admitted that Petitioner seeks the relief requested. It is denied that Petitioner is entitled to such relief. 1 7. Admitted that the documents were received. No documents were mailed to the 2 solicitor for the Sheriff. All documents were faxed by Petitioner's counsel. WHEREFORE, the Sheriff of Cumberland County prays that the within Petition be dismissed and that the Court order a re-sale of the property upon such noltice as the Court deems appropriate under the circumstances. ~~~ Edward L. Schorpp, Esquire Attorney 1.0. No. 17495 35 South Thrush Drive Carlisle, PA 17013 Telephone: (717) 486.8386 Email: elschorpp@comcast.net Solicitor for the Office of the Sheriff 3 VERIFICATION I verify that the statements contained herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904, relating to unsworn falsification to authorities. /L /~~ne, Sheriff. of Cumberland County Dated: / At? ~d () (') (- ~?:~ '<f' ~ (:::: ~-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 Central Penn Propertv Services Ine is the grantee the same having been sold to said grantee on the 8th day of June A.D., 2005, under and by virtue of a writ Execution issued on the 25th day ofFeb, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2004 Number 6291, at the suit of (,;itifinaneial Serv Ine against Crull Sonva R is duly recorded in Sheriffs Deed Book No. 270, Page 2357. IN TESTIMONY WHEREOF, I have he~to set my hand and seal of said office this I? day of ./l-"I".lrf- ,A.D. ~(Jt)v- \ SCHEDULE OF DISTRIBUTION SALE NO. 26 Date Filed: August 05, 2005 Writ No. 2004-6291 Civil Term Citifinancial Services, Inc. VS Sonya R. Crull 14 Fickes Road Newville, PA 17241 Sale Date: Buyer: Bid Price: June 08, 2005 Andrew O'Dell for Central Penn Property Services, Inc. $36,500.00 Real Debt: Interest: Attorney Costs: $64,670.68 3,770.10 118.14 Total: $68,558.92 DISTRIBUTION: Receipts: Cash on account (03/03/2005): Cash on account (06/08/2005): Cash on account (08/04/2005): $ 1,500.00 3,650.00 35,027.00 Total Receipts: $40,177.00 /y / ~ 1P' ,'0 .{1 ~ :"I '6 V 517 6 {l., Disbursements: Sherifrs Costs Legal Search Local Transfer Tax State Transfer Tax Deb Peiper, Local Tax Collector Attorney Joseph Goldbeck Citifinancial Services, Inc. $ 1,451.16 200.00 623.50 623.50 920.71 1,500.00 34,858.13 Total Disbursements: ($40,177.00) Balance for distribution: 0.00 So Answers: r~#-" , R. Thomas Kline Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITIING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 26 Held Wednesday, June 8, 2005 Date: June 8, 2005 TAXES: Receipts for all taxes for the years 2002 to 2004 inclusive. Taxes for the current year 2005. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2005, and recorded , 2005, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Lee R. Crull, widower, by deed dated August 14, 1997 and recorded August 14, 1997 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle Pennsylvania, in Deed Book 162 Page 894, granted and conveyed to Sonya R. Crull. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of 33 feet wide Township Road T-344. 6. Conditions, easements and restrictions shown on or set forth on the Plan of Subdivision for George P. Stambaugh, recorded in Plan Book 26, Page 122. 5. Mortgage in the amount of $57,807.00 given by Sonya R. Crull to CitiFinancial Services dated July 11,2002 and recorded July, 12,2002 in Mortgage Book 1765 Page 1878. Complaint in mortgage foreclosure filed by CitiFinancial Services, Inc. as Plaintiff, against Sonya R. Crull, as Defendant, on December 15, 2004 in the Office of the Prothonotary of Cumberland County to File No. 04-6291. Judgment in the amount of $64,370.68 entered February 25, 2005. 6. Mortgage in the amount of $11,021.00 given by Sonya R. Crull to Conseco Bank, Inc., dated May 1,2003 and recorded May 23,2003, in Mortgage Book 1813, Page 1163. 7. Rights granted to American Telegraph and Telephone Company of Pennsylvania by instrument recorded in Miscellaneous Record Book 42, Page 287. 8. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 9. Satisfactory evidence to be produced that the legal description for the premises is sufficient despite the lack of reference to any improvements on the premises. 10. Real estate taxes accruing on and after July 1,2005 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act S8 of 1997, nor has any search been made for environmental liens in Federal District Court. Robert G. Frey, Agent Note: This Title Report shall not be valid r bi ding until countersigned by an authorized signa REAL ESTATE SALE NO. Z6 Wrtt No. 2004-6291 CMl C1UflnancJal Se.rvtces, Inc. ... Sonya R. CmU Atty.: Joseph Goldbeck ALL TIfAT CERTAiN trnct of land situate in West Pennsboro Town- ship, Cumberland County, Penn- sylvania, bounded and descnbed in accordance w1th Plan Subdivision for George P. Stambaugh dated Aprtl 28, 1975 and recorded In the here- Inafter named Recorder's Office In .. Plan Book 26, Page 122, as fallows: BEGINNING at a spike In the centerline of existlng 33 feet wide Township Road T-344 at the North- eastern comer of land now or for- merly of WlllJam C. Woods; thence along the Northern line of saJd land row or formerly ofWtlltam C. Woods, South 80 degrees 15 mlnutes West, a distance of 213.62 feet to so Iron pm In line of land now or formerly of George F. Stambaugh; thence along said line of land now or for- merly of George F. Stambaugh. North 13 degrees 48 rn1nutes West. a dis- tance of 132 feet to an Jron pin: thence still along lJne of land now or formerly of George F. Stambaugh. North 71 degrees 16 mlnut.es East, a distance of 248.52 feet to a spike in Ute said centerllne of exIsttng 33 feet wide Townshtp Road T -344, South 04 degrees 09 mlnutes East. a distance of 50 feet to a splke; !:hence still along the said centerlJne. of existing 33 feet Wide Township Road T -344, South 01 degree 26 minutes East, a distance of 122 feet t{) a spike at !:he Place: of BEGINNING. PARCEL NO. 46-10-0620-014. Citifinancial Services, Inc. VS Sonya R. Crull In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-6291 Civil Term Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on April 21, 2005 at 4:36 0' clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Sonya R. Crull, by making known unto Sonya Crull, at 14 Fickes Road, Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy ofthe same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on April 08, 2005 at 7:23 o'clock P.M., she posted a true copy ofthe within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Sonya R. Crull located at 14 Fickes Road, Newville, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Sonya R. Crull, by regular mail to her last known address of 14 Fickes Road, Newville, P A 17241. This letter was mailed under the date of April 25, 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$36,500.00 to Ann Gatchell for Central Penn Property Services, Inc.. It being the highest bid and best price received for the same, Central Penn Property Services Inc. of 100 South 7th Street, Akron, P A 17501, being the buyers in this execution, paid to SheriffR. Thomas Kline the sum of$38,677.00. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Postage $30.00 730.00 15.00 15.00 30.00 10.00 .50 1.00 17.76 9.22 15.00 20.00 .37 Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 228.20 248.14 16.47 25.00 39.50 $ 1,451.16 Sworn and subscribed to before me 2005, A.D. ?~~ R. Thomas Kline, Sheriff BY U~ ciA s rnJ:il Real Estatet Deputy )'v , PlO" ~o ~( ~J \. 694; ~ l/@ \ ~ '\ L r Goldbeck McCatfel1y & 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 CITIFINANCIAL SERVICES INC. 144 I 5 South 50th Street Suite 100 Phoenix, A2 85044 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. CIVIL ACTION - LAW SONYA R. CRULL (Mortgagor(s) and Record Owner(s)) 14 Fickes Road Newville, PA 17241 ACTION OF MORTGAGE FORECLOSURE Defendant( s) No. 04-6291 AFFIDAVIT PURSUANT TO RULE 3129 CITIFINANCIAL SERVICES INC., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esqnire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 14 Fickes Road Newville, PA 17241 l.Name and address ofOwner(s) or Reputed Owner(s): SONYA R. CRULL 14 Fickes Road Newville, PA 17241 2. Name and address ofDefendant(s) in the judgment: SONY A R. CRULL 14 Fickes Road Newville, PA 17241 3. Name and last known address of every judgmenl credilor whose judgment is a record lien on the property to 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 4. Name and address of tlie last recorded holder of every mortgage of record: CONSECO BANK 2825 E. COTTONWOOD PARKWAY SUITE 230 SALT LAKE CITY, UT 84121 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/OCCUPANTS 14 Fickes Road Newville, P A 17241 (attach 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. GOLDBEC BY: Joseph A. G Attorney for Plaint f TY & McKEEVER T., Esq. DATED: February 21. 2005 04-629\ GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney LD.#16132 Suite 5000- Mellon Independence Center 70 I Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff CITIFINANCIAL SERVICES INC. 144 I 5 South 50th Street Suite 100 Phoenix, AZ 85044 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW vs. SONYA R. CRULL Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 14 Fickes Road Newville, PA 17241 Term No. 04-6291 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 A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CRULL. SONYA R. SONYA R. CRULL 14 Fickes Road Newville, PA 17241 Your house at 14 Fickes Road, Newville, P A 17241 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 $64,370.68 obtained by CITIFINANCIAL SERVICES INC. 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 CITIFINANCIAL SERVICES INC., 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. 04-6291 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 ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find ont 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 of 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 a right to remain in the property until the full amonnt 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 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 SheritT within ten (10) days after the schedule of distribution is tiled. 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 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, P A 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 ALL THAT CERTAIN tract ofland situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with Plan Subdivision for George P. Stambaugh dated April 28, 1975 and recorded in the hereinafter named Recorder's Office in Plan Book 26, Page 122, as follows: BEGINNING at a spike in the centerline of existing 33 feet wide Township Road T-344 at the Northeastern comer ofland now or formerly of William C. Woods; thence along the Northern line of said land now or formerly of William C. Woods, South 80 degrees 15 minutes West, a distance of 213 .62 feet to so iron pin in line of land now or formerly of George F. Stambaugh; thence along said line ofland now or formerly of George F. Stambaugh, North 13 degrees 48 minutes West, a distance of 132 feet to an iron pin; thence still along line ofland now or formerly of George F. Stambaugh, North 71 degrees 16 minutes East, a distance of248.52 feet to a spike in the said centerline of existing 33 feet wide Township Road T-344, South 04 degrees 09 minutes East, a distance of 50 feet to a spike; thence still along the said centerline of existing 33 feet wide Township Road T-344, South 01 degree 26 minutes East, a distance of 122 feet to a spike at the Place of BEGINNING. PARCEL NO. 46-10-0620-014 WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 04-6291 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ClTIFINANCIAL SERVICES, INC., Plaintiff (s) From SONYA R. CRULL, 14 FICKES ROAD, NEWVILLE, PA 17241 (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the accoWlt of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendaut(s) not levied upon an subject to attachment is fOWld 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 $64,370.68 L.L. $.50 Interest FROM 512104 TO 2121/05 AT 7.2480% Atty's Comm % Due Prothy $1.00 Atty Paid $118.14 Other Costs Plaintiff Paid Date: FEBRUARY 25, 2005 CURTIS R. LONG (Seal) ProthOZ ~. tk) I .P 7J;!-f..t?/~ r-- Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court lD No. 16132 Real Estate Sale #26 On March 03,2005 the Sheriff levied upon the defendant's interest in the real property situated in West Pennsboro Township, Cumberland County, PA Known and numbered as 14 Fickes Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 03, 2005 Byr){)rI, JA \rt1ii:h Real E;ta[eDeputy ~ c:::;;;l ~.\ ~ I S :Z d Z - ~VH SOOl '.Vd f)\lfillU:J ,.i;<'/ iJ.:,djl~rl~J .:I.:IIH3HS :JIll JO :JJI.:J.:lO PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2,1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: 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 of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 29 day of April NOTARiAl SEAl LOIS E. SNYDER, Notary Public Carlisle Bora, CumberIaIld Countv My Commis8ion Expires Marcil 5, 2009 REAL ESTATE BALE NO. 26 Wtit No. 20{)4-6291 Civil Citifinancial Services, Inc. va. Sonya R. Crull Atty.: Joaeph Goldheck ALL THAT CERTAIN tIact ofJand situate in West Pennsboro Town~ ship. Cumberland County. Pennsyl- vania, bounded and described in accordance with Plan Subdivision for George P. Stambaugh dated April 28. 1975 and recorded in the here- inafter named Recorder's Office in Plan Book 26. Page 122, as follows: BEGINNING at a spike in the centerline of existing 33 feet wide Township Road T -344 at the North- eastern corner of land now or for- merly of William C. Woods; thence along the Northern line of said land nowar formerly of William C. Woods, South 80 degrees 15 minutes West, a distance of 213.62 feet to so iron pin in line of land now or formerly of George F. Stambaugh: thence along said Hue of land now or for ~ metiy of George F. Stambaugh. North 13 degrees 48 minutes West, a dis- tance of 132 feet to an iron pin: thence still along line of land now or formerly of George F, Stambaugh, North 71 degrees 16 minutes East, a distance of 248.52 feet to a spike in the said centerline of existing 33 feet wide Township Road T ~344, South 04 degrees 09 minutes East, a distance of 50 feet to a spike: thence still along the said centerline of existing 33 feet wide Township Road T -344, South 01 degree 26 minutes East, a distance of 122 feet to a spike at the Place of BEGINNING. PARCEL NO. 46-10-0620-014. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday! Metro editions which appeared on the 26th day(s) of April and the 3rd and 10th 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 unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page317. COpy S ALE #26 Sworn to and subsc . d before me~ 25th day 0~ay2 //~:e/Z l/J NOT Y PUBLIC My commission expires June 6, 2006 PUBLICATION CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 248.14 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... REAL ESTA11! SALE No.. , WrIt No. 2001 8281 l:IvI1........ CIlIIIII8nClld ServI!lea.Inc. v. Son,.R. Cndl AIty: .......... GclhlbllCk -~ DESCRKrnON All11lA'UJi<<AlN traCt of Imd situate in West Pe..,borii"l'iiWliibip. CmIIb<daIld Couoty. __sylvalJia. bouoded aod described it! -wilbPlaoSobdivisicllfuoGecqeP. Stambaush _ ApI 28. Jm JIll! _ io tbebeeioafta-lJalJ)OCl_',Olli<eioPlao &oI;26.Pqe 122..._ BEGINNJNG ...1piD iotbe centerline of exiSliog33feetwide~ll,oad1-344at!be N~ "'"'" of bod ",., or _Y of WIllialllC.\\\JlJda;_......._lioe of said bod_ or~ of William C. Woods. SoudJ 80 ~ 15 _1Itst.. dUtance of 213b2 feet to an iron pill io lioe of bod IIOW or ~of Gelqe F. illamllalJsb; _ aIoog said lioe of bod ",., or formerly of George F. ScambaJlgb._13~48........_.. ~ of 132 feet to an iron pin; _ sti11 a1ooglioeoflllll!llI!W..~ofGecqeF. SlaDlllaJ&Ir,Jtiti1taoe- 16....... East.' dUtance of 1M.$! ..." . spiloio !be said __ of~'" wide TowotIIpRool 1-344, _ WdiIih 09 ....... East, . dUtanceof5\lfeet". spiIIe;1IICI)Ce sti11a1oogtbe said"""'lioeofeUllilc.33feetwide'lllnlhip RoadT-.l44.SoodtIll.......26_East.. distao<e of 122 feet".".... i!JePlaoe ofBOOINNING. IIIROlLNo.46-_14. ~'~