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HomeMy WebLinkAbout05-1115PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, FSQ._ ]d. No. 32227 FRANCIS S. HALLINAN, ESQ., ]d. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (21 S) 563-7000 NATIONAL CITY HOME LOAN SERVICES, INC. COURT OF COMMON PLEAS 150 ALLEGHENY CENTER MALL IDC 24-050 CIVIL DNISION P11"1'SHURGH, PA 15212 ~ TERM Plaintit7 v- n / ~/~L~ NO. ~s'/llS I~.ICJt h~ CUMI3P,RI,AND COUNTY KEITH M. GE'1'TY 136 NOR"fH 33RD S"fREET CAMP HILL. PA 17011 Defendant CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment maybe entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT H1RING 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 ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 170 ] 3 (800)990-9108 Filc N: 112698 IF THIS 1S'PHE FIRST NOTICE'fHAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (197?), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO SE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL. THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File#: i1269R Plaintiff is NATIONAL CITY HOME LOAN SERVICES, INC. 150 ALLEGHENY CENTER MALL IDC 24-050 PITTSBURGH, PA 15212 2. The name(s) and last known address(es) of the Defendant(s) are: KEITH M. GETTY 13b NORTH 33RD STREET CAMP HILL, PA 17011 who islare the mortgagor(s) and real owner(s) of the property hereinafter described. On 061291200] mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FIRST FRANKLIN FINANCIAL CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBEKf.AND Couuiy, in Mortgage Book: 1726, Page: 4105_ PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. T7ie mortgage is in default because monthly payments of principal and interest upon said mortgage due 11101/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 112698 6. The following amounts are due on the mortgage: Principal Balance $109,028.95 Interest 3,915.52 10/O]/2004[hrough 03/01(2005 (Per Diem $25.76) Attorney's Fees 1,250.00 Cumulative Late Charges 1,437.48 06/29/200] to 03/01/2005 Cost of Suit and Title Search $ 550.00 Subtotal $ 116,181.95 Escrow Credit 0.00 Deficit 2389.41 Subtotal $ 2,389.41 'TOTAL $ 118,571.36 the attorney's fees set forth above are in conformity with the mortgage docwnents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8, Notice of Intention to Foreclose as set forth in Act 6 of ] 974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of ] 983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has temunated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or hasJhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendants} in the sum of $ 118,571.36, together with interest from 03/01 /2005 at the rate of $25.76 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale ofthe mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP ' f By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 11269$ ALL THAT CERTAIN lot or parcel of land situate in the Borough of Camp HiII, Cumberland County, pettnsylvania, bounded and described as follows, to wit; BEGiN1YING at a point on the wcsteriy. aide of North 33nd Sweet, said point being 189.55 fleet South of the southwest cornsr of ffie intcrstxtion of North 33id Street and Logan Street also being at the davidittg line between Lats Nos. i t7-A and Lot 118-A oa tho hereinafter mentioned Plan of Resubdivision; thence sovthwardly along the westerly side of North 33rd Street '7~ feet to a palm at the dividing lip bctw~n Loss Nos. 117-A end Lot I16-A on said Platt; thence South 77 dues 32 Minutes West along the said dividing tine 125 feet to a poiitt on the t~sterty side of a IS feet wide s]lcy; thence ncndttwandly along same 90 feet to s paint at the dividing title between Lots Nos. 117 A, and 118-A an said Plan; thence North 77 degrees 32 minutes East i25 ftxt to a point, the place of $EGINNINo. BEING Lot No. 11?-A on the I'laa of Resvbdivision of Lots 115 to 131, Pisa of Belvair as i~oorded in the Ctunberland Cattnty Recorder of Aecds Officc in Flan Haoh 1, Page 16. BEING known and numbttred as 136 Nottlt 33'd Street. IJNDIER AND S(JSTECT to all reservations, restrictions, cascnaerns and rights-of--way of prior record. BEING T1~ SA1V1E PRF.M[SES which David A. Phillips aad Veronica R. Phillips and T}z< IZotncstead Group, Inc., by Deed datod December 15, 1994, and rocorded May 21, 1995, In flit Cumberland Coitnty Recorder of Dtaeds t?ffice iti Deod Boak i 19, Page 942, granted aad conveyed unto Wayne A. Janis and Alisa E. Janis, the t3rantors hercie. VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 (c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsifications to authorities. ~~~ ~~~~~ Francis S. Hallinan, Esquire Attorney for Plaintiff DATE:-~~ 1 ~ Lsi. ~~ ~~ ~ ~ O ~~ ,_~ C. c.r ~ T 1 ~n ~ ^[i~ "1. ^ ~ `~ c=c sy ^ F ~ ..-. ,~ ~-- SHERIFF'S RETURN - NOT FOUND CASE N0: 2005-01115 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NATIONAL CITY HOME LOAN SERVIC VS GETTY KEITH M R. Thomas Kline Sheriff or Deputy Sheriff, who ing duly sworn according to law, says, that he made a diligent sea ch and inquiry for the within named DEFENDANT GETTY KEITH M ut was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND as to the within named DEFENDANT GETTY KEITH M 136 NORTH 33RD STREET CAMP HILL, PA 17011 PER POST OFFICE, DEFENDANT IS AT 15580 KINROSS CIR FORT MYERS, FL 33912-3905 UNTIL 5/5/O5. Sheriff's Costs: So answerga-"' /l,,i '"" ,-' Docketing 18.00 _!'" ~ -- Service 11.10 ~~-~'~ ~ -" _ ~ Not Found 5.00 ~ R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 44.10 PHELAN HALLINAN SCHMIEG 03/08/2005 Sworn and subscribed to efore me this ~ 1~ day of ~V / Prothonotary ~~~~ Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff National City Home Loan COURT OF COMMON PLEAS Services, Inc. CIVIL DNISION vs. 'Keith M. Getty CUMBERLAND COUNTY NO.OS-1115 MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg L.L.P., moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant, Keith M. 'Getty, by first class mail and certified mail to the last known address and mortgaged premises, located at 136 North 33rd Street, Camp Hill, PA 17011, and in support thereof avers the following: 1. Attempts to serve Defendant, Keith M. Getty, with the Complaint have been 'unsuccessful. The Sheriff of CUMBERLAND County attempted to serve the Defendant at the 'mortgaged premises, 136 North 33rd Street, Camp Hill, PA 17011. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", per post office defendant is at last known address. 2. The Plaintiff attempted to serve the Defendant at 15580 Kinross Circle, Fort Myers, FL 33912. As indicated by the Return of Service attached hereto as Exhibit "B", defendant does not reside at the said address. I' 3. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "C". 4. Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of May 5, 2005 to bring loan current. 5. Plaintiff submits that it has made a good faith effort to locate the defendant, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order ,pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail and certified mail. Respectfully submitted, Phelan Hallinan &Schmieg, L.L.P. By: Daniel .Schmieg, Esqui Attorney for Plaintiff ',Date: May 5, 2005 Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff National City Home Loan Services, Inc. COURT OF COMMON PLEAS CIVIL DIVISION vs. CUMBERLAND COUNTY NO. OS-1115 Keith M. Getty MEMORANDUM OF LAW IIPa. R.C.P. 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation, which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. I, No[e: A Sheriffs return of "Nat Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polls, 238 Pa. Super 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed [o last known address (requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). '. An illustration of good faith effort to locate [he defendant includes (I) inquires of postal authorities including inquiries pursuant [o the (Freedom of Information Ac[, 39 C.F.R. Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations of !local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Sheriffs Return of Service, attached hereto and marked has Exhibit "A" and Exhibit "B", the Sheriff has been unable to serve the Complaint. A good faith leffort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "C". WHEREFORE, Plaintiff respectfully requests this Honorable Cour[ enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail and certified mail. Respectfully submitted, Phelan Hallinan & Schmieg L.L.P. By: ~t Danie G. Schmieg, Esquire Attorney for Plaintiff (Date: May 5, 2005 ~ x~;b~~ ~ SHERIFF'S CASE N0: 2005-01115 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NATIONAL CITY HOME LOAN SERVIC VS TTY KEITH M R. Thomas Kline - NOT FOUND ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT KEITH M but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND as to within named DEFENDANT GETTY KEITH M 1316 NORTH 33RD STREET HILL, PA 17011 DEFENDANT IS AT 15580 KINROSS CIR MYERS. FL 33912- Sheriff's Costs: D¢cketing 18.00 S~rvice 11.10 N t Found 5.00 S~rcharge 10.00 .00 44.10 So answ~er~ !- ~~~~R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 03/08/2005 Sworn and subscribed to before me th~s day of A.D. Prothonotary ~ ~~ ~ L)l~ ~/ ~ l ., ~ . AFFIDAVIT OF SERVICE -CUMBERLAND COUNTY (JRH) PLAINTIFF NATIONAL CITY HOME LOAN SERVICES, INC. TERM DEFENDANT KEITH M. GETTY SERVE AT: 15580 KINROSS CHICLE FORT MYERS, FL 33912 Served and made known to _ 20 , at o'clock, . M., at NO.05-1115 CIVIL TYPE OF ACTION X2L Mortgage Foreclosure ~ Civil Action Defendant on the _ day of City in the manner described below: D fendant personally served. A ult family member with whom Defendant(s) reside(s). I Relationship is Allult in charge of Defendant's residence who refused to give name/relationship. Manger/Clerk of place of lodging in which Defendant(s) reside(s) A~ent or person in charge of Defendant's office or usual place of business. and officer of said defendant company. ther: a competent adult, being duly sworn according to law, depose and state that I personally handed to a e and correct copy of the issued i the captioned case on the date and at the address indicated above. Sworn t~ and subscribed Before e this day Served Rv: Of ,20 Notary: NnT SF,RVFn On the t day of , 20p5, at ~ .SJ o'clock ~.M., efendant NOT FO D because: -Moved -Unknown No Answer Vacant '~Fi, M• C~-~ r'~,e,<~ ~~rc1° ~ 15~JEb K;,c,m~ car. ,i~~-r t~+ ye~r3, >/c. 3391 "J. Sworn t and subscribed Before e the ~" a day Of rt ( , 2005 Notary: ~ ,~/ ~4~+,' ~, NADINE PRINCE _ r~°,"~ ' `4F MY COMMISSION #00334656 ~ EXPIRES: JUL 05, 2006 °: Bonded through 1st State Insurance Attorneys For Plaintiff Francis S. Hallinan, Esquire - LD.#62695 Suite 1400- One Penn Center Plaza at Suburban Station Philadelphia, PA 19103-1799 (215)563-7000 ~ ~ ~ ~ ~~~~i` FORECLOSURE REVIEW SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 112698 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Keith M. Getty Current Address: 136 North 33rd Street, Camp Hill, PA 17011 Property Address: 136 North 33rd Street, Camp Hill, PA 17011 Mailing Address: 136 North 33rd Street, Camp Hill, PA 17011 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Keith M. Getty -198-62-8710 B. EMPLOYMENT SEARCH Keith M. Getty - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Keith M. Getty reside(s) at: 136 North 33rd Street, Camp Hill, PA 17011. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which indicated that Keith M. Getty reside(s) at: 136 North 33rd Street, Camp Hill, PA 17011. On 2/16/05 our office made a telephone call to the subject's phone number, (717) 796-9458, and received the following information: phone disconnected. III. INQUIRY OF NEIGHBORS On 2/16/05, 2/17/05 and 2/18/05 our office attempted to contact W. Wetzler, at 135 North 33rd Street, Camp Hill, PA 17011; received an answering machine on all three occasions. On 2/16/05, 2/17/05 and 2/18/05 our office attempted to contact Roger Weaver, at 138 North 33rd Street, Camp Hill, PA 17011; received an answering machine on all three occasions. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 2/18/05 we reviewed the National Address database and found the following information: Keith M. Getty-136 North 33rd Street, Camp Hill, PA 17011. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Keith M. Getty. VL OTHER INQUIRIES A. DEATH RECORDS As of 2/18/05 Vital Records and all public databases have no death record on file for Keith M. Getty. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Keith M. Getty residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Keith M. Getty - 9/1968 * All accessible public databases have been checked and cross-referenced for the above named individual(s). * Please be advised all database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I herby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unswom falsification to authorifies. :,~ CCbt h0.^, P P.lc~ A,LT!-' ~ o~ =F ~:°~45v~VAYIA R7 ~ i ~, V : ^ I IhrIC J /~ Crtl ~i P c ~ a ~ ~ Lc qty AFFIANT - Brendan Booth ( U My Comr ~ o~ E u re Cer ,a. r 21, 2008 Foreclosure Review Services, Inc Sworn to and subscribed before me this 18th day of February 2005. The above information is obtained from available public records and we are only liable for the cost of the affidavit. VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. By: Danie G. Schmieg, Esqui Attomey for Plaintiff Date: May 5, 2005 ,...> ('1 ~`jl , ,1__ " . ' O L (i:. ~,. S~ Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff National City Home Loan COURT OF COMMON PLEAS Services, Inc. CIVIL DNISION Vs. Keith M. Getty CUMBERLAND COUNTY NO.OS-1115 CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the foregoing Motion for Service Pursuant to Special Order of Court, Memorandum of Law, Proposed Order and attached exhibits have been sent to the individual(s) as indicated below by first class mail, postage prepaid, on the date listed below. Keith M. Getty at: 136 North 33rd Street Camp Hill, PA 17011 15580 Kinross Circle Fort Myers, FL 33912 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. By: ~' ~.W""'~ Danie G. Schmieg, Esquire Attorney for Plaintiff Date: May 5, 2005 PHELAN HALLINAN & SCHMIEU, LLP LAWRENCE T. PHELAN, ESQ., ID. NO. 32227 FRANCIS S. HALLINAN, ESQ., ID, NO. 62695 DANIEL G. SCHMIEG, ESQ., ID. NO. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (2151 563-7000 NATIONAL CITY HOME LOAN SERVICES, INC. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION CUMBERLAND County vs. KEITH M. GETTY No. OS-ll15 Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINANp& S/~C~HMIEG, LLP By: ~,~a~~,~, ~ - .I-~R~'J~~~-- FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: MaV 6, 2005 ~mmt, Svc Dept. File# 712698 i~3 (`) ~ ~_) "; 1 ~~ .~ i,'T. v,w - .~, o PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 215) 563-7000 NATIONAL CITY HOME LOAN SERVICES, INC. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County vs. KEITH M. GETTY No. OS-1115 Defendants PRAECIPE TO REINSTATE CIVII. ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINANo& SIC~HMI~jErG, LLY By: ~~.nl~c' /1 d \ X~l FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: May 17, 2005 /mmt, Svc Dept. File# 112698 ' ~ ~ ~ ~ :' PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 NATIONAL CITY HOME LOAN SERVICES, COURT OF COMMON PLEAS INC. CNIL DNISION Plaintiff vs. KEITH M. GETTY Defendants CUMBERLAND County No. OS-]1115 PRAECIPE TO REINSTATE CIVII, ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: Julv 8, 2005 PHELAN HALLINAN & SCHMIEG, LLP By: ~ c - FRANCIS S. HALLINAN, ESQUIItE LAWRENCE T. PHELAN, ESQUIILE DANIEL G. B~CHMIEG, ESQUII2E Attorneys for Plaintiff /mmt, Svc Dept. File# 112698 c~ ~ c, ~ -n c ~, ..., ~ ~ r ~ ~ r ~ ' ..+ i . ~~~ " : ~ ~; ~ ". `a `C7 ~„ 1Z `- O ,~' ~: ; ~ J ~ Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 (~~ s~3-anon National City Home Loan Services, Inc. vs. Keith M. Getty Court Of Common Pleas Civil Division Cumberland County No. OS-1115 I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated 5/12/05 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in The Sentinel on ZLI2LOS and C'nmherland Law Tnnrnal on 7122/S1S. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Francis S. Hallinan, Esquire Date: August 1, 2005 Martin Tray Service Dept. PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland T~tmm~Shoemaker Classified Advertising~Manaeer , of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) uT ly "12" 2005. COPY OF NOTICE OF PUBLICATION.. ,,. ~rrw~ett>r~e+ ~uwrarcoMMONpt~AS Affiantfurtherdeposesthathe/she is not ~, u1c. interested in the subject matter of the w, Gtvn owtspN ~ aforesaid notice or advertisement, and that ~rmµ•ot=srv CwM~sRuNOCOUr~TY all allegations in the foregoing statement "tO•0B'~~~8 as to time, place and character of publication are true. ~l~ I ~~ ~ J'~,f j(" Sworn to and subscribed before me this 13th day of July, 2005. t4- Notary Pu is My commission expires: ~/!`OP COMMUNN/Eh~Iri OF PENNSYLVANIA Notarial Seal Christina L Wolfe. Notary public Canisle Bono, CumbeAano County MY Commission Expires Sept 1.2008 Member, Pennsylvania A~...ociation Of Notaries b MEYT#l iw: eem: PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been 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, July 22, 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. Marie TO AND SUBSCRIBED before me this 22 day of Julv. 2005 LOTS E. SNYDER, Notary Putrlb Carlisle Born, Cumberland County My Commission Expires March 5, 20Q9 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECL03TIRE In the Court of Common Pleas of Cumberland County, Pennsylvania Clvll Action-Law Civil Division No. OS-1115 NATIONAL CI'CY HOME LOAN SERVICES, INC. vs. KEITH M. GETTY NOTICE TO KEITH M. GETTY: You aze hereby nottfied that on MARCH 3, 2005, Plafnffif, NATION- AL CITY HOME LOAN SERVICES, INC., filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you In the Court of Common Pleas of CUMBERLAND County, Pennsylvania, docketed to No. OS-1115. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at ]36 NORTH 33RD STREET, CAMP HII,L, PA 17011 whereupon your property would be sold by the Sheriff of CUMBERLAND County. You aze hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment wlll be entered against you. NOTICE If you wish to defend, you must enter a written appeazance person- ally or by attorney and flle your de- fenses or objections 1n writing with the court. You are wazned that If you fall to do so the case may pro- ceed without you and a Judgment may be entered against you without further notice for the relief re- quested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OF- FICE 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 THAT MAY OFFER LEGAL SERV- ICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Cazllsle, PA 17013 (800) 990-9108 July 22 ro __ 1.7 _ ~ '.1 _ .~ ` fi ~~ ~ i ~ ' ~ _ 'oy ~~ Gi ~ C> ~' ' CC,J `' PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL SCHMIEG, ESQUIRE IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 COURT OF COMMON PLEAS (2151 563-7000 CNIL DIVISION NATIONAL CITY HOME LOAN CUMBERLAND COUNTY SERVICES, INC No.: OS-1115 vs. KEITH M. GETTY AFFIDAVIT I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to KEITH M. GETTY, on 9/12/05 at 136 NORTH 33RD STREET, CAMP HILL, PA 17011 and 15580 KINROSS CIRCLE, FORT MYERS, FL 33912, in accordance with the Order of Court dated 5/12/05. I further certify that the mortgaged premises was published by sheriff with the Notice of Sheriffs Sale on 9/7/05 in the Sentinel & in the Cumberland Law Journal on 9/9/05 in accordance with the Court's Order. The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. s 4904 relating to unswom falsification to authorities. ,~~ ~~ c ~ .~ ~,~ DANIEL G. SCHMIEG, ESQUIRE ~ Date: Sentember 16, 2005 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland I'annnv Shoemaker Classified Advertising ~I 1n~~ , of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13,1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) Se 1tt embe_r_07L2005 COPY OF NOTICE OF PUBLICATION -- _ _ r NOTICE OF ACTION IN MORTGAGE FORECLOSURE SI THE COURT OF COMMON PL[AS OF CUMBERLAND COVt(TY, PENNSYLVANIA ' NO.OB-1115 :NATIONAL CITY HOME LOAN SERVICES, INC. vs. !KEITH ~f~h'GETTY +,NOTICE TO: KEITH M. 6ETTY, i !NOTICE OF SHERIFF'S SALE OF REAL PROPERTY" ~ BALL THAT CERTAIN lot or parcel of land situate In the Borough of Camp HIII; y Cumbedand Courdy, Penneylvenle, bountletl entl tlescdbed as follows, to wit: BEGINNING et a point on Ma vNelerly sltle of North 33rtl Street, Bald point being 188.55 feet SouN of the seutliweat comer of the Intereectlon of North 33rd Stree[ and Lopan Street eko being at the dhrltling Ilne between Lot No. 117-A and lot No. 118-A on the hsnlrWter rMntlonetl Plan of ReSubdNiabn; thence southwerdly ebng the we6tedy sWe of North 33rtl Street 70 feet to a point et the dWk9ng line between Lot No. 117-A end Lot No. 116-A on ealtl Plan; thence South 77 degrees 32 minutes West along the geld dNWing Ilne 125 feet to a point on the easterly sltle of 15 feet wide alley; Mence normwerdly along same 70 feet to a point at the tllviding, line between LotNO. 117-A and 118-A on eaftl Plen; thence North 77 tlegrees 32 minutes East 125 f9et M a point; Me place of Beginning. BEING LW No. 117-A on the Plan of ReSUbdlvlabn of Lota 115 to 131, Plan of Belvoir': ~ as recorded In the Cumbedantl Count' Rewrtler of Deetla Ofrice In Plan Book 1, Pepe 18. BEING known and numbered ea 138 North 33rtl Street, CAMP HILL, PA 17011. Tex Parcel %01.21-0279-183 ~i¢ $~Q JM Kal[h.Y.Ostty, a married man By Deed hom Wayns A. Jenla end Allsa Jenls, husband entl wife dated 6128/2001 entl rowrdatl 78!2001 In Raeord Book 247, Paga 1429. Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication,a^re true. A IVL ~/p~ Swom to and subscribed before me this 07th_day of September, 2005. Vl-J~'~- Notary Pu Ic ie echeduletl to be sold et SherBPa Sele on DECEMBER y zog~ et 10:00 a•m•• at the CUMBERLAND County Courthouse, QyE COURTHOUSE A E CARLISLE. /gyp r~> L 17013, to enforce the Court Jutlgement of ti/31/O5, obtained by NATIONAL 1VI COIrlIrllSSlOri eX IreS: `~/~(V r CITY HOME LOAN SERVICES, INC., (the mortgagee), against you. S' p Property sltuatetl In the Ciry of CAMP HILL BOROUGH, County of CUMBERLAND, end State of Pennsylvania. Being Premlaee: 138 NORTH 33RD STREET, CAMP HILL, PA 17011. Improvements conrHat of resitlentlal property. Sold as the pproperty o} KEIYM M. GETTY, TERM8 OF SALE: THE HIGHEST AND BEST BIDDER SHALL BE THE BUYER. The purchaserat Me sale must take ten (10Y) percent down payment of the bitl price or of the Shedffs Coat, whk:hever is hlpher, at the time of the sale in the form of cash, money order or bank check. The Delence must be Deid within ten (10) tlays of the sale or the purchaser will lose the down money. COMMONWEALTH OF PENNSYWANIA Ndadal Seal Christina L Wolfe, Ndary Ptlhic Carfisla Bdro, Cumbedand County My Clxmiseim Expees Sept 1,2(108 Member, Pennsylvania Assoclatlon Of Notaries Denlel 3chmbg, Enquire One Penn Center at Suburban Station 1817 John F. Kennetly Boulevard Sutle 1400 Phllatlelphle, PA 19103 (215) 583-7000 Attorney for Plaintiff PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been 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 September 9, 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 9 day of Sentember, 2005 NdTARtAL SEAL LOTS E. SNYDER, Notary Public Cariisie Boro, Cumberland County My Commission Expires March 5, 2009 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania No. 05-1115 NATIONAL CI1Y HOME LOAN SERVICES, INC. vs. KEITH M. GETTY NOTICE TO: KEITH M. GETTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ALL THAT CERTAIN lot or par- cel of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and de- scribed as follows, to wit: BEGINNING at a point on the westerly side of North 33rd Street, said point being 189.55 feet South of the southwest corner of the in- tersection of North 33rd Street and Logan Street also being at the di- viding line between Lat Nos. 117-A and Lot 118-A on the hereinafter mentioned Plan of Resubdivision; thence southwardly along the west- erly side of North 33rd Street 70 feet to a point at the dividing line between Lot Nos. 117-A and Lot 116- A on satd Plan; thence South 77 degrees 32 minutes West along the said dividing line 125 feet to a point on the easterly side of 15 feet wide alley; thence northwardly along same 70 feet to a point at the divid- ing line between Lot Nos. 117-A and 118-A on safd Plan; thence North 77 degrees 32 minutes East 125 feet to a point; the place of Begin- ning. BEING Lot No. 117-A on the Plan of Resubdivision of Lots 115 to 131, Plan of Belvoir as recorded in the Cumberland County Recorder of Deeds Office m Plan Book 1, Page 16. BE[NG known and numbered as 136 North 33rd Street, Camp Hill, PA 17011. Tax Parcel #O1-21-0273-183. TITLE TO SAID PREMISES IS VESTED W Keith M. Getty, a mar- ried man By Deed from Wayne A. Janis and Alisa E. Janis, husband and wife dated 6/29/2001 and re- corded 7j6J2001 in Record Book 247, Page 1429. Is scheduled to be sold at the Sheriff Sale on DECEMBER 7, 2005 at 10:00 A.M., at the CUMBERLAND County Courthouse, ONE COURT- HOUSE SQUARE, CARLISLE, PA 17013, to enforce the Court Judg- ment of S/31/05, obtained by NA- TIONAL CITY HOME LOAN SERV- ICES, WC., (the mortgagee), against you. Prop. sit. in the Clty of CAMP HILL BOROUGH, County of CUMBER- LAND, and State of Pennsylvania. Being Premises: 136 NORTH 33RD STREET, CAMP HILL, PA 17011. Improvements consist of residen- tial property. Sold as the property of KEITH M. GETTY. TERMS OF SALE: THE HIGHEST AND BEST BID- DER SHALL BE THE BUYER. The purchaser at the sale must take ten (10%) percent down pay- ment of the bid price or of the Sheriffs cost, whichever is higher, at the time of the sale in the form of cash, money order or bank check. The balance must be paid within ten CUMBERLAND LAW JOURNAL (30) days of the sale or the pur- chaser will lose the down money. DANIEL SCHMIEG. ESQUIRE Attorney for Plaintiff One Penn Center at Suburban Station 1617 John F. Kennedy Boulevazd Suite 1400 Philadelphia, PA 19103 (215J 563-7000 Sept. 9 n ~_ b N ~ O ~ ,?~_,;, `...4/ '' Wi' rn 17 ~i~ t ~:J T ~~ l.i ~ 'T t ~ j Z L~ +J '~ PHELAN HALLINAN &SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 1215) 563-7000 NATIONAL CITY HOME LOAN SERVICES, INC. 150 ALLEGHENY CENTER MALL, IDC 24-050 CUMBERLAND COUNTY PITTSBURGH, PA 15212 COURT OF COMMON PLEAS Plaintiff, v. . CIVIL DIVISION NO. OS-1115 KEITH M. GETTY Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against KEITH M. GETTY, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 3/2/05 to 8/31/05 TOTAL $118,571.36 $4,714.08 $123,285.44 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. SCHMIEG, ESQUIlZE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: a i a,6c~SS PR P PHELAN, HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Haliinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 ~a15~ 5~~-~~clo NATIONAL CITY HOME LOAN SERVICES, INC. :COURT OF COMMON PLEAS Plaintiff CNIL DNISION Vs. CUMBERLAND COUNTY KEITH M. GETTY Defendants : NO. OS-1115 TO: KEITH M. GETTY 15580 KINROSS CIRCLE FORT MYERS, FL 33912 DATE OF NOTICE: AI1GiJST 13, 2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECENED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THlS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff (Rule of Civil Procedure No. 236) -Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NATIONAL CITY HOME LOAN SERVICES, INC. 1S0 ALLEGHENY CENTER MALL, IDC 24-OSO CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. KEITH M. GETTY Defendant(s). CIVIL DIVISION NO. 05-1115 Notice is given that a Judgment in the above-captioned matter has been entered against you on S~-~ ~. 2005. By: If you have any questions concerning this matter, please contact: ~ ~~~~ DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** PHELAN HALLINAN &SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 NATIONAL CITY HOME LOAN SERVICES, INC. 150 ALLEGHENY CENTER MALL, IDC 24-050 Plaintiff, v. KEITH M. GETTY Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO.OS-1115 VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant KEITH M. GETTY is over 18 years of age and resides at , 136 NORTH 3RD STREET, CAMP HILL, PA 17011 . This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff 1~.~ ~ ~Q r a r-' ~? C ;~ «~ ~ ~ ~ - - _ ; , ~ _ ~ ~ ~ ~ ~, (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 NATIONAL CITY HOME LOAN SERVICES, INC. Plaintiff, v. KEITH M. GETTY Defendant(s). No. OS-1115 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $123,285.44 Interest from 8!31!05 to DECEMBER 7, 2005 $1,986.46 and Costs (per diem -$20.27) TOTAL $125,271.90 DANIEL G. SCHMIEG, ESQUIRE ~ / One Penn Center at Suburban Station J 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. O ~ U O ~, a U a ~ az ~ ~~ ~~~ zz c ~ w~ o ... ~ w ~ H w~ .~ a" ~ ~ O W ~ ~ ~; ~ ° 4. ~ ~° U Z ~ V z ~`" > ~ ~ tin ~ °° ~ o~ a w~ x z w ~ E -+ ~ ~~ ~ w U d ~ ?~. 1f ~ Cf ~~ ' L!_ ~~ ~ ~ p 0 d a a a x a U W a F O M rl b d b ~, N 3 V 'J ~~ v ~. C~ w C~ r WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1115 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY HOME LOAN SERVICES, INC. Plaintiff(s) From KEITH M. GETTY, 136 NORTH 3RD STREET, CAMP HILL PA 17011. (1) You are directed to levy upon the. property of the defendant (s)and to sell REAL ESTATE LOCATED AT 136 NORTH 3RD ST., CAMP HILL PA 17011 (SEE LEGAL DESCRIPTON) . (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 garnishees} that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant{s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $123,285.44 L.L. $.50 Interest FROM 8131/05 TO 12/7!05 @ $20.27 PER DEIM = $1,986.46 Atty's Comm Atty Paid $126.10 Plaintiff Paid Date: SEPTEMBER 2, 2005 (Seal) Due Prothy $1.00 Other Costs 7 CURTIS R:ZON_G Prothonotary By: REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQ. Address: ONE PENN CENTER @ SUBURBAN STATION 1617 JFK BLVD., STE. 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 Deputy NATIONAL CITY HOME LOAN SERVICES, INC. Plaintiff, v. KEITH M. GETTY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. OS-1115 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) NATIONAL CITY HOME LOAN SERVICES, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution way filed the following information concerning the real property located at ,136 NORTH 33RD STREET, CAMP HILL, PA 17011 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KEITH M. GETTY 136 NORTH 3RD STREET CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the rea property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMERCE BANK/HARRISBURG NA HOOPER MEMORIAL HOME 100 SENATE AVENUE CAMP HILL, PA 17011 3532 WALNUT STREET HARRISBURG, PA 17109-3618 r 4. Name and address of last recorded holder of every mortgage of record: ~ -, Name BLAZER CONSUMER DISCOUNT COMPANY, NOW DOING BUSINESS AS WASHINGTON MUTUAL FINANCE COMMERCE BANK/HARRISBURG N.A. Last Known Address (if address cannot be reasonably ascertained, please indicate) 9-A NO PROGRESS AVENUE HARRISBURG, PA 17109 100 SENATE AVENUE CAMP HILL, PA 17011 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest i the property which maybe affected by the sale: .-. Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX Last Known Address (if address cannot be reasonably ascertained, please indicate) 136 NORTH 33RD STREET CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6T" FLOOR, STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 INHERITANCE TAX DIVISION ATTN: JOHN MURPHY INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER 13T" FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 DEPT. OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. r ~ ~~~ August 31, 2005 /l___ - t,ti ~ ~ t~~~: ~~Cl DATE DANIEL G. SCHMIEG, ESQUIRE `` Attorney for Plaintiff ~`a ~ c~ --~, ~;, ---+ t,~ .~ ~~ 1 -ra t!, N - -- .~, 4^J -S ~ n PHELAN HALLINAN &SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 NATIONAL CITY HOME LOAN SERVICES, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. . CIVIL DIVISION KEITH M. GETTY . NO. OS-1115 Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff it the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: Q an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUII~ Attorney for Plaintiff r ~ ~"': s~; s J t.., Z _~ t ~-'~~' _ f"~ ~, __ ~.. - ~~ ~~s~i -=„a :~~ ~ ,~ ~* r. NATIONAL CITY HOME LOAN SERVICES, INC. Plaintiff, v. KEITH M. GETTY Defendant(s). CUMBERLAND COUNTY No. 05-1115 August 3 l , 2005 TO: KEITH M. GETTY 136 NORTH 3RD STREET CAMP HILL, PA 17011 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATIOT OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED AN ATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at z 136 NORTH 33RD STREET, CAMP HILL, PA_ 17411, is scheduled to be sold at the Sheriffs Sale on DECEMBER 7, 2445 at 10:00 a.m. m the Cumberla~ County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $123,285.44 obtained by NATIONAL CITY HOME LOAN SERVICES, INC. (the mortgagee against you. In the event the sale is continued, an announcement will be made at said sale in com with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late costs and reasonable attorney's fees due. Ta find out haw much you must pay. call: (215) 563-7000. 2. You maybe able to stop the sale by filing a petition asking the Court to strike judgment, if the judgment was improperly entered. You may also ask the Co postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I . If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You maybe entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. Thi; schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA` A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be so in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sa CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 , THAT CERTAIN lot or parcel of land situate in the Borough of Carnp Hill, Cumberland County, isylvania, bounded and described as follows, to wit: INNING at a point on the westerly side of North 33rd Street, said point being 1$9.55 feet South ie southwest corner of the intersection of North 33rd Street and Logan Street also being at the iing line between Lot Nos. 1 i7-A and Lot 118-A on the hereinafter mentioned Plan of ~bdivision; thence southwardly along the westerly side of North 33rd Street 70 feet to a point at the ling line between Lot Nos. 117-A and Lot 116-A on said Plan; thence South 77 degrees 32 minutes t along the said dividing line 125 feet to a paint on the easterly side of 15 feet wide alley; thence iwardly along same 70 feet to a point at the dividing line between Lot Nos. 117-A and 118-A on Plan; thence North 77 degrees 32 minutes East 125 feet to a point; the place of Beginning. VG Lot No. 117-A on the Plan of ReSubdivision of Lots 115 to i31, Plan of Belvoir as recorded e Cumberland County Recorder of Deeds Office in Plan Book 1, Page i6. dG known and numbered as 136 North 33rd Street., Cie g~~., PA 17011 Parcel # O1-21-0273-183 _E TO SAID PREMISES IS VESTED IN Keith M. Getty, a married man By Deed from ne A. Janis and Alisa E. Janis, husband and-wi e dated 9120QI and recorded 7/6/2001 in rrd Book 247, Page 1429. "'~ Q f"> ` "Il (~, u~ .-t ~ ,~ T ~ t~ 4.y ',-a S"e: ~:~ _ ~' ~.,~> National City Home Loan Services, Inc. The Court of Common Pleas of VS Cumberland Cotimty, Pennsylvania Keith M. Getty Writ No. 2005-1115 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the above Real Estate Writ, Notice of Sheriffs Sale and Description in the following manner: The Sheriff mailed by certified mail, return receipt requested, restricted delivery, deliver to addressee only, a true and corre<;t copy of the within action to the within named defendant, to wit: Keith M. Getty, at his last known address of 136 North 33rd Street, Camp Hill, PA 17011. This letter was mailed on October 12, 2005. The unopened letter was returned to the Sheriffs Office on October 17, 2005 mazked "Attempted, Not Known." R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the above Real Estate Writ, Notice of Sheriffs Sale and Description in the following manner: The Sheriff mailed by certified mail, return receipt requested, restricted delivery, deliver to addressee only, a true and correct copy of the within action to the within named defendant, to wit: Keith M. Getty, at his last known address of 15580 Kinross Circle, Fort Myers, FL 33912. This letter was mailed on September 12, 2005. The unopened letter was returned to the Sheriff s Office on October 19, 2005 with the addressee's name and address crossed out with a black marker. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 12, 2005 at 6:44 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 Keith M. Getty located at 136 North 33rd Street, Camp Hill, 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 a<aion to the within named defendant, to wit: Keith M. Getty, by regular mail to his last known address of 136 North 33rd Street, Camp Hill, PA 17011. This letter was mailed under the date of October 12, 2005 and returned to the Sheriffs Office on October 17, 2005. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Schmieg. Sheriffs Costs: Docketing 30.00 Poundage 15.98 Advertising 15.00 Posting Handbills 15.00 Mileage 14.40 Levy 15.00 Surchazge 20.00 NATIONAL CITY HOME LOAN SERVICES, INC. v. Plaintiff, KEITH M. GETTY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. OS-1115 AFFLDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) NATIONAL CITY HOME LOAN SERVICES, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIItE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,136 NORTH 33RD STREET, CAMP HILL, PA 17011 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KEITH M. GETTY 136 NORTH 3RD STREET CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name COMMERCE BANK/HARRISBURG NA HOOPER MEMORIAL HOME Last Known Address (if address cannot be reasonably ascertained, please indicate) 100 SENATE AVENUE CAMP HILL, PA 17011 3532 WALNUT Sl'REET HARRISBURG, PA 17109-3618 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascerl[ained, please indicate) BLAZER CONSUMER DISCOUNT COMPANY, NOW DOING BUSINESS AS WASHINGTON MUTUAL FINANCE COMMERCE BANK/fARRISBURG N.A. 9-A NO PROGRESS AVENUE HARRISBURG, PA 17109 100 SENATE AVENUE CAMP HILL, PA ]I70ll 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff }las knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX Last Known Address (if address cannot be reasonably ascerl:ained, please indicate) 136 NORTH 33RD STREET CAMP HILL, PA 1701] 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6~" FLOOR, STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 INHERITANCE TAX DIVISION ATTN: JOHN MURPHY INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER 13r" FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 DEPT. OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. f~~~, ~. ~- ,n Aueust 31, 2005 DATE DANIEL G. SCHMIEG, ESQUIItE Attorney for Plaintiff I NATIONAL CITY HOME LOAN SERVICES, INC. CUMBERLAND COUNTY Plaintiff, v. No. 05-11]5 KEITH M. GETTY Defendant(s). Augus[ 31, 2005 TO: KEITH M. GETTY 136 NORTH 3RD STREET CAMP HILL, PA 17011 * *TH/S FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY /NFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. !F YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKR UPTCY AND TH/S DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIiSN AGAINST PROPERTY. Your house (real estate) at ,136 NORTH 33RD STREET, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on DECEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $123,285.44 obtained by NATIONAL CITY HOME LOAN SERVICES. INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attomey.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You maybe entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (]0) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COUR'CHOUSE CARLISLE, PA 17013 (717)249-3166 ALL THAT CERTAIN lot or parcel of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the westerly side of North 33rd Street, said point being 189.55 feet South of the southwest corner of the intersection of North 33rd Street and Logan Street also being at the dividing line between Lot Nos. 117-A and Lot 118-A on the hereinafter mentioned Plan of Resubdivision; thence southwardly along the westerly side of North 33rd Street 70 feet to a point at the dividing line between Lot Nos. 117-A and Lot 116-A on said Plan; thence South 77 degrees 32 minutes West along the said dividing line 125 feet to a point on the easterly side of 15 feet wide alley; thence northwardly along same 70 feet to a point at the dividing line between Lot Nos. 117-A and 118-A on said Plan; thence North 77 degrees 32 minutes East 12S feetto a point; the place of Beginning. BEING Lot No. 117-A on the Plan of Resubdivision of Lots 11S to 131, Plan of Belvoir as recorded in the Cumberland County Recorder of Deeds Office in Plan Book 1, Fage 16. BEING known and numbered as 136 North 33rd Street., CAMP aII.l., PA 17011 Tax Parcel H 01-21-0273-183 TITLE TO SAID PREMISES IS VESTED IN Keith M. Getty, a married man By Deed from Wayne A. Janis and Alisa E. Janis, husband an wi e dated 9/2001 and recorded 7/6/2001 in Record Book 247, Page 1429. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1115 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY HOME LOAN SERVICES, INC. Plaintiff(s) From KEITH M. GETTY, 136 NORTH 3RD STREET, CAMP HILL PA 17011. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 136 NORTH 3RD ST., CAMP HILL PA 17011 (SEE LEGAL DESCRIPTON). (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 fox 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 $123,285.44 L.L. $.50 Interest FROM 8/31/05 TO 12/7/05 @ $20.27 PER DEIM = $1,986.46 Atty's Comm Atty Paid $126.10 Plaintiff Paid Date: SEPTEMBER 2, 2005 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQ. Due Prothy $1.00 Other CostsI ~GU~~ i Y' CURTIS R. LONG Prothonotary By: Deputy Address: ONE PENN CENTER @ SUBURBAN STATION 1617 JFK BLVD., STE. 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 C~ Real Estate Sale #48 On September 09, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Camp Hill Borough, Cumberland County, PA Known and numbered as 136 North 3`d Street, G - Camp Hill, more fully described on Exhibit "A" C_ o- filed with this writ and by this reference incorporated herein. ~, :~ mate: September 09, 2005 By;:~~ Real Esta~~er' ge'a~It PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL, (Under Act No. 587, approved May 16, 1929)., P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editdr 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 Cazlisle in the County and State aforesaid, was established Januazy 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, October 14, 21, 28, 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. WORN TO AND SUBSCRIBED before me this 28 day of Oetober. 2005 ~uJ?F+ai,~t. Sf.,, LDi; F: SPJYO~}?- iVo6n;+ ~ ,~ _ C~ i ka .c. (' ~eii r~C! ~ i d ~~~..,i~ ,or.;, , ~;'; REAL. ESTATE SALE NO. 48 Writ No. 2005-1115 Civil National City Home Loan Services, Inc. vs. Keith M. Getty Atty.: Daniel Schmleg ALL THAT CERTAIN ]ot or par- cel of land situate in the Borough of Camp HiII, Cumberland County, Pennsylvania, bounded and de- scribed as follows, to wit: BEGINNING at a point on the westerly side of North 33rd Street, said point being 189.55 feet South of the southwest corner of the in- tersection of North 33rd Street and Logan Street also being at the di- viding line between Lot Nos. 117-A and Lot 118-A on the hereinafter mentioned Plan of Resubdivision; thence southwardly along the west- erly side of North 33rd Street 70 feet to a point at the dividing line between Lot Nos. 117-A and Lot 118-A on said Plan; thence South 77 degrees 32 minutes West along the said dividing line 125 feet to a point on the easterly side of 15 feet wide alley; thence northwazdly along same 70 feet to a point at the divid- ing line between Lot Nos. 117-A and ll8-A on said Plan; thence North 77 degrees 32 minutes East 125 feet to a point; the place of Begin- ning. BEING Lot No. 117-A on the Plan of ReSUbdivtsion of Lots 115 to 131, Plan of Belvoir as recorded in the Cumberland County Recorder of Deeds Office m Plan Book 1, Page 16. BEING known and numbered as 136 North 33rd Street, CAMP HILL, PA 17011. Tax Parce] k 01-21-0273-183. TITLE TO SAID PREM]SES [S VESTED IN Keith M. Getty, a maz- ried man By Deed from Wayne A. Janis and Alisa E, Janis, husband and wife dated 6/29/2001 and re- corded 7/6/2001 in Record Book 247, Page 1429. 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 regulaz daily and/or Stmday/ Meho editions which appeared in the 25th day(s) of October and the 1st and 8th day(s) of November 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 W the time, place and character of publication are tme; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY REAL ESTATE SALE No. 98 Writ No. 2005-1115 Clvll Term Natlonel Clly Home Loan SerWces, Inc. - Ve Kelth M. Getty Atty: Daniel Schmleg DESCRIP710N ALL THAT CERTAW lot or parcel of land situate m the Borough of Camp dill, Cumberlatd Camty, Pemsylvmia, bounded and described as follows, m wit BEGBJNBJG at a point on the westerly side of North 33rd Sired, said point being 18955 feet South of the sauNwest corner at the intersation of North 33rd Street aM Logao Street also being az the dividing line betwcen Lot Nos. 117-A and Lot I18-A on the herein-after menOaced Plan of Re-subdivision; tbence southwardly along the westerly side of Nonh 33[d Street 70 feet to a point at ibe dividing line betwcen La Nos. 117-A and Lot 116-A on said Plan; thence Sath 77 degrees 32 minutes West along the said livid-ing One 125 fed a a point oo the easterly side of IS fed wide alley; thence notthwarNy along same 70 feet m a point az the dividing One betwern Lot Nos. 117-A and 118-A on said Plan; Nrnce North 77 do-grees 32 minuses Past 125 fed m a point, the place d BEGA7NBJG. BEING Lo[ No. 117-A on [he Plan a( ReSuhdiviticn of Lots 115 to 131, Plm of Belvon 1!f:J. ti .. ' . . Sworn [o and s ri ed ore me this 23rd day of November 200 AD. NOTARIAL SEAL Terry L. Russell, Notary Public City o(Harrisburg, Dauphin County My Commission Expires June 6, 2006 //~~ ') "domhw. NOTkIfY PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 t8oo> 99a91o8 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 NATIONAL CITY HOME LOAN SERVICES, INC. Plaintiff, v. KEITH M. GETTY Defendant(s). . No. 05-1115 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 8/31/05 to SEPTEMBER 6, 2006 (per diem -$20.27) $123,285.44 $7,520.17 and Costs TOTAL Atty. Fees and Costs $130,805.61 $ 6, 180.22 ------- ~~ ~, ANIEL CHM Cr, ESQIJII2E One enn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. w d 'z O ui W Z O N d ~ a `.` ~ U d ~ d ~ ~ • ~ (n ,,~~ 1~~ H W r~+ - p, O W O L o o~ ~~ ~ ~ 3 ~p x ~ ~ o E-+ U '7" ~ W '~ a A O ~~ ~ U `~ u~ ~ w o a z~ U z .:~ y ~ ` _T _ M1 o ~V ~ ~ `^ ~ ~ ~ x ~ .. v. .. ( I J ~ v ~ ` 1 V) ~ ~ ti._ `T /'Y~ ^ v v, G ~-, 0 r 6 W a x U ~j H 3 y H Q .~ .~-~ M H `° a o 0 ~~ C .; 1 ~n ~ U d N N ~, d C5~'- L~ V M -9 T" {~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO OS-1115 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY HOME LOAN SERVICES, INC., Plaintiff (s) From KITH M. GETTY (1) You are directed [o levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the propery of the defendant(s) not Levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed [o notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $123,285.44 L.L. Interest FROM 8/31/05 TO 9/6/06 (PER DIEM - $20.27) -- $7,520.17 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $968.60 Other Costs $6,180.22 ATTY FEES AND COS"I'S Plaintiff Paid Date: APRIL 11, 2006 CURTIS R. LONG Prothonota (Seal) L BY' ~._1(~ n ~ ~ ~~~QILLl ~~~ Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 ALL THAT CERTAIN lot or parcel of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the westerly side of North 33rd Street, said point being 189.55 feet South of the southwest corner of the intersection of North 33rd Street and Logan Street also being at the dividing line between Lot Nos. 117-A and Lot 118-A on the hereinafter mentioned Plan of Resubdivision; thence southwardly along the westerly side of North 33rd Street 70 feet to a point at the dividing line between Lot Nos. 117-A and Lot 116-A on said Plan; thence South 77 degrees 32 minutes West along the said dividing line 125 feet to a point on the easterly side of 15 feet wide alley, thence northwardly along same 70 feet to a point at the dividing tine between Lot Nos. 117-A and 118-A on said Plan; thence North 77 degrees 32 minutes East 125 feetto a point; the place of Beginning. BEING Lot No_ 117-A on the Plan of Resubdivision of Lots I IS to 131, Plan of Belvoir as recorded in the Cumberland County Recorder of Deeds Office in Plan Book 1, Page 16. BEING known and numbered as 136 North 33rd Street., CAMP HII.L, Pn 17011 Tax Parcel b 01-21-0273-183 'I'ITLE'I'O SAID PREM[SES IS VESTEll IN Keith M. Getty, a married man By Deed from Wayne A. Janis and Alisa E. Janis, husband an wi ed-f da~ted~/~ 2912001 and recorded 7!6/2001 in Record Book 247, Page 1429. Premises: 136 North 33`d Street, Camp Hill, PA 17011 PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215)563-7000 NATIONAL CITY HOME LOAN SERVICES, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. KEITH M. GETTY Defendant(s). CIVIL DIVISION NO. OS-1115 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: Q an FHA mortgage O non-owner occupied O vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~- -- __ '~~ - ~ ~ ~~`~- ~ V~rv~,~; L G. SC IE ,ESQUIRE Attorney for Plaintiff v r ' (': NATIONAL CITY HOME LOAN SERVICES, INC. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS KEITH M. GETTY CIVIL DIVISION Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) NATIONAL CITY HOME LOAN SERVICES. INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,136 NORTH 33RD STREET, CAMP HILL. PA 17011 . 1. Name and address of Owner(s) or reputed Owner(s): Name KEITH M. GETTY NO.OS-1115 Last Known Address (if address cannot be reasonably ascertained, please indicate) 136 NORTH 3RD STREET CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name COMMONWEALTH OF PA COMMERCE BANK/ HARRISBURG N.A. HOOPER MEMORIAL HOME Last Known Address (if address cannot be reasonably ascertained, please indicate) DEPARTMENT 280946 HARRISBURG, PA 17128-094b ERFORD ROAD AND SENATE AVENUE CAMP RILL, PA 17011 3532 WALNUT STREET HARRISBURG, PA 17109 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) FIRST FRANKLIN FINANCIAL 2150 NORTH FIRST STREET CORPORATION SAN JOSE, CA 95131 BLAZER CONSUMER DISCOUNT COMPANY, 9-A NO PROGRESS AVENUE NOW DOING BUSINESS AS WASHINGTON HARRISBURG, PA 17109 MUTUAL FINANCE COMMERCE BANK /HARRISBURG N.A. 100 SENATE AVENUE CAMP HILL, PA 17011 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: Name Tenaut/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 136 NORTH 33RD STREET CAMP HILL, PA 17011 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit aze true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. .___.. _ ff ~ ~ Anril 6, 2006 `, l~ ~ ~ '~/ DATE ~ EL G. 5CHM ESQLTI Attorney for Plaintiff ~ ~.,~ ' 'l _.{ 7. --~ NATIONAL CITY HOME LOAN SERVICES, INC. CUMBERLAND COUNTY Plaintiff, v. No. 05-1115 KEITH M. GETTY Defendant(s). Apri16, 2006 TO: KEITH M. GETTY 136 NORTH 3RD STREET CAMP HILL, PA 17011 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKR UPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, B UT ONLY ENFORCEMENT OF A L/EN AGAINST PROPERTY * Your house (real estate) at ,136 NORTH 33RD STREET, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 6, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $123,285.44 obtained by NATIONAL CITY HOME LOAN SERVICES. INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (2151563-7000. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compazed to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You maybe entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717)249-3166 ALL THAT CERTAIN lot or parcel of land situate in the Borough of Camp Hill, Cutberland County, Pennsylvania, bounded and described as follows, to wit BEGINNING at a point on the westerly side of North 33rd Street, said point being 189.55 feet South of the southwest corner of the intersection of North 33rd Street and Logan Street also being at the dividing line between l,ot Nos_ 117-A and Lot 118-A on the hereinafter mentioned Plan of Resubdivision; thence southwardly along the westerly side of North 33rd Street 70 feet to a point at the dividing tine between Lot Nos. 117-A and Lot il6-A on said Plan; thence South 77 degrees 32 minutes West along the said dividing line 125 feet to a point on the easterly side of IS feet wide alley; thence ^orthwardly along same 70 feet to a point at the dividing line between Lot Nos. 117-A and 118-A on said Plan; thence North 77 degrees 32 minutes East 125 feet to a point; the place of Beginning. BEING Lot No. ll7-A on the Plan of Resubdivision of Lots 115 to t31, Plan of Belvoir as recorded in the Cumberland County Recorder of lleeds Office in Plan Book 1, Page 16. BEING known and numbered as 136 North 33rd Street, CAitP aILL, PA 17011 Tax Parcel b 01-21-0273-183 TITLE TO SAID PREMISES IS VESTED IN Keith M. Getty, a married man By Deed from Wayne A_ Janis and Alisa E. Janis, husband an w~ e dated 9/2001 and recorded 7/6/2001 in Record Book 247, Page 1429. Premises: 136 North 33`d Street, Camp Hill, PA 17011 r": n .v.a PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. LD. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevazd Philadelphia, PA 19103-1814 (2151563-7000 National City Home Loan Services, Inc. Court of Common Pleas Plaintiff Civil Division vs. Cumberland. County Keith M. Getty No. OS-1115 Civil Term Defendant ' PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on March 3, 2005, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on September 2, 2005 in the amount of $123,285.44. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. A Sheriffs Sale of the mortgaged property at 136 North 33rd Street, Camp Hill, PA 17011 (hereinafter the "Property") was postponed or stayed for the following reasons: a) The Defendant filed a Chapter 7 Bankruptcy at docket number OS-09537 on October 14, 2005. Plaintiff obtained relief from automatic stay by order of court dated January 31, 2006. A true and correct copy of the Bankruptcy Relief Order is attached hereto, made part hereof, and marked as Exhibit "C". 4. The Properly is listed for Sheriffs Sale on September 6, 2006. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiffmay continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $109,028.95 Interest 'Through 9/6/06 18,189.14 Per Diem $25.76 Late Charges 1,873.08 Legal fees 2,325.00 Cost of Suit and Title 3,738.78 Sheriffs Sale Costs 2,330.00 Property Inspections 2,434.25 AppraisalBPO 135.00 M1P/PMI 0.00 NSF 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 9,215.94 TOTAL $149,270.14 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. WHEREFORE, Plaintiffrespectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP Date: ~ By; Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 National City Home Loan Services, Inc. Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Keith M. Getty No. OS-1115 Civil Term Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Defendant executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 136 North 33rd Street, Camp Hill, PA 17011. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was cleaz that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed aze outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. III. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiffwould not be able to obtain insurance proceeds to restore the Properly if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. ][V. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savines and Loan Association v Street Road Sho~nin Center 68 D&C 2d 751, 755 (1974). The provision of the Mortgage which allows the Plaintiffto recover attorney's fees in the instant action is highlighted for the court's reference. In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee often percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee often percent included in the judgment in mortgage foreclosure action was reasonable. Cit coro v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. V. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958), Chase Home Mortgage Comoration of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reali ~ Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. VI. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: ' By. Michele M. Bradford, ue Attorney for Plaintiff Exhibit "A" ~ ` `~ t ~ ~ PHELAN HALI;INAN 8c SCHMIEG LLP .» LAWRENCE T_ PHELAN, ESQ , id.' No. 32227 ~~~~ , fi`~~ FRANCIS S. HALLINAN;: ESQ., Id_ No. 62695 ~ ` ..r ,°~-° ONE PENN CENTER PLAZA; SUITE 1400 A'T'TORNEY FOR PLAIN IMF - ~°' _ FHILADELPHIA, PA 19103 ~ z~ , .. (2151 Sb3-7000 ~' .~. ~ ~ =NATIONAL CITY HOME LOAN SERVICES, INC. COURT OF COMMON PLEAS ~ ;~, ' ,. ,.. ~` ~`i~ 150 ALLEGHENY CEhTTER MALL - 1. ,~,,~ ~~ 3%~~~~"~ .z~ IDC 24-050 CIVIL DIVISION ~~~~ ~~ ~ -PITTSBURGH PA 15212 t~.~~~ ~~~ ~ Plaintiff TERM .~ ~~ , . ~~ ~~z ,~v ~d ;~~ ~ ~C~7 ~~a4~ `~ _ NO. ~ ails <, _ - C~ ~ 1 .~__. ... ~~, ~x~, -~;., }_ ,,° ~. CUMBERLAND COUNTY- . I{ET>•H ~vl. GETTY ~"` `' ' ... y. ~~,~z~~ ~~~.~ . x _ ~, _ _ ~.x. ..:, , ~.•; ~~` ~ ;136 NORTH 33RD STREET _ CAMP HILL PA l 7011 f ~~ ., „~, ~ ~'~ ,,,~~ w ~'a-`~`~-+.z9=+~e 4~'" t.° • fit? r.ta ~r'^~it~3 $ ~ . >~. <. .r ,. . Defendant {~ t ~'~~ ,~- :CIVIL ACTION -LAW r .~ ...,, w NOTICE C ~-' You have been sued in court. if you wish to defend against the claims set fort e q following. pages, you must take action within twenty (20) days after this complaint and no~e ark served, by entering a written appearance personally or by attorney and filing in writing wit the -- court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim. or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER A"I' ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH, BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 Ofi File #: 112698 ' PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id_ No. 32227 FRANCIS. S. HALLINAN, ESQ., 1d No. 62695 DEN'I'ER- PLAZA, SUITE 4 0 :-PI-IIILLA.DF.LP`~A, PA`=,~14103` ~~ ~ , . _ (215) 563-7000 IDC 24-050 PITTSBURGH, PA 15212 v. Plaintiff CIVIL DIVISION TERM NO. CUMBERLAND COUNTY KEITH M. GETTY 136 NORTH 33RD STREET CAMP HILL. PA 17011 Defendant CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that. if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for an y money claimed in the complaint or for an .other claim or ma .( se :~'" `~ ~ requested by the plaintiff You` ~'" ""R ~"' ,~. ~., .. . ~ ~~~~~~ YOU SHOULD TAKE THIS P ER TO' Y rtJR HAVE ALAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE acis s~,~,~ ~~ ^~pd+' ~ .< Fik #: 112698 _ ~~-:~~~ _~ .:';, ~, .;;. ~~~ IF THIS IS-THE FIRST NOTICE THAT YOU HAVE PRACTICES ACT, 15 U.S C. § 1692 et seq (1977 T1~E DEBT OR ANY PORTION THEREOF.' IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWlSE,1F REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF TH1S PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT. FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT W1TH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. ,FURTHERMORE , NO REQtJ .~-. T (30) DAYS AFTER YOU HAVE R C'nMPi.AiNT N[)WFVF.R iF V 1 _ Plaintiff is NATIONAL CITY HOME LOAN SERVICES, INC. PITTSBURGH, PA 15212 ~., - ~., -. ~~..., , . _ ~r ... _ _ . ~.~, ....y., ~,~-~ ,~,,,,.. KEITH M. GETTY 136 NORTH 33RD STREET CAMP HILL, PA l 701 l who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 06/29/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FIRST FRANKLIN FINANCIAL CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1726, Page: 4105. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. ,~ . .~ .. ~ , 6. The following amounts are due on the mortgage: Principal Balance $109,428.95 (Per Diem $25.76} t16/~J/IUUI to 03/01/Z005'~` , - Cost of Suit and Title Search $ 550.00 Subtotal $ 116,181.95 Escrow Credit 0.00 Deficit 2,389.41 Subtotal $ 2,389.41 TOTAL $ 118,571.36 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. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of l 983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania-Housing Finance Agency. _~...~..r.,,.........~....,.. ~+vwa-~asuiy ewng cue w~crry ease or 1vORn 33`" Street 70 $eCt ~ a polar at tlu divldinE lima between Lots Nos. 11?-A and tot I I6-A on said, plan; fence 5ogth ?7 d~coes 32 minutes West-along the said dividing tine 125 Meet tv a point on the easterly side of a I3 feet wide alley; thq~oe. tlorth~vardly along same '70 feet to a paint at thedlvidiag tic betwego~ Lots Nos. 117 ~- and 11&A oa said plan; thcope North 77 degrees 32 minutes fast 125 foot to a point, the place of BECiiII!1NINQ. BEING Lot loo. 11? A on flu Plan of R,esubditnlsion Of Lots 115 to 131, Plm of Bdvoir as recorded In the Cwmbeeiand Cotgotty Recorder of Roods Offiac in .Plan I1ook 1, page 16. BEING knowm amd mm~btr~ed as 136 North 33'~ Street. UNDER AND SUBJRCT to all iaescrvatiicros, restrictlona, a~ and ~~Uts-oaf-way of price recoxd. BRQrTG T1~ SAi4~ PRB,IVI~ES which David A. Pbillipg and Veronica R. lips :nd 1'I;,~ C~'~p, Imo.. by heed datad DecGmbet 1S, 1994, and xecorded Mnq 21, 1995, ~ the Copy R~eootda~ of Doeds (?aloe i~t Dcod Book 119, Page 942, granted ttad ca~Xtyed nato Wayne A,. Janis a~ad Allsa ~. Janis, the Cirnautors ~#s. A-LL T$AT CFRTAt1Y lot or parcel of land situate in;be Borough of Camp Hiu. C~mbarland .~ ~~ .. _, _ .;~ ,~, _ ~ - _ -lira ~3: : ,y„ ."s' .~_~ .. .., . VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing ofthe pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 (c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S: Sec. 4904 relating to unsworn falsifications to authorities. Exhibit `~B" PHELAN HALLINAN &SCHMIEG, L.L.P. - By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 12151 563-7000 NATIONAL CITY HOME LOAN SERVICES, INC. 150 ALLEGHENY CENTER MALL, IDC 24-050 PITTSBURGH, PA 15212 C? o O C °., -n -~ i:~ cn ~... ~ ; :c:. --' ~ ~ c-3 rn CUMBERLAND COUNTY; ;~ ~ , COURT OF COMMON PLEAS N ~ Plaintiff, CML DIVISION v. NO. OS-1115 KEITH M. GETTY , Defendant(s). ~ ~ ~s„ ~~ • i w 't ~r°ia~T S ~ "h.. t. ~ I . . ~ ~~,~~ .~ PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against I{EITIi M. GETTY. Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 2Q days from service thereof and for Foreclosure and Saie of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 3/2/05 to 8/31/05 TOTAL $118,571.36 $4,714.08 $123,285.44 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s). aze as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. f ~' ~ .- DANIEL G. SCHMIEG, ESQUIRF,~ Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. ~. DATE: ~ ~ 1 ~6S ..a..- . - PRO ROT' .~,~~ r.~ ~~!~ - '_ Exhibit "C" IN THE UNITED STATES BANIQtUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Keith M. Getty Bk. No. 1 05-bk-09537 MDF Debtor Chapter No. 7 National City Home Loan Services, Inc. Movant v. 11 U.S.C. §362 Keith M. Getty and Leon P. Haller, Esquire (Trustee) Respondents ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of National City Home Loan Services, Inc. (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. §362 is modified with respect to premises 136 North 33rd Street, Camp Hill, PA 17011, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED that Rule 4001(a)(3) is not applicable and National City Home Loan Services, Inc. may immediately enforce and implement this Order granting relief from the automatic stay. This etectrortic order is signed and filed on the same date. Dated: January 31, 2006 VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Phelan Hallinan & Schmie LLP DATE: "i By. "" Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215)563-7000 National City Home Loan Services, Inc. Plaintiff vs. Keith M. Getty Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. OS-1115 Civil Term CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages and Brief in Support thereof were sent to the following individual on the date indicated below. Keith M. Getty 136 North 33rd Street Camp Hill, PA 17011 DATE: Keith M. Getty 221 Ehnerald Street Harrisburg, PA 17110 Phelan Hallinan & Schmieg, LLP By: Michele M. Bradford, Esqui Attorney for Plaintiff .-- ^:~ C ~7 7.~ m~ _ -,-, :i `"'2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA National City Home Loan Services, Inc. Plaintiff vs. Keith M. Getty Defendant RULE Court of Common Pleas Civil Division Cumberland County No. OS-1115 Civil Term JUL 2 5 20061 AND NOW, this ~ ~ ~ day of~_2006, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff s Motion to Reassess Damages. •' Rule Returnable on the ~~~ day of 2006, at 3' G V •~^' in the Cumberland County Courthouse, Carlisle, Pennsylvania. J. 1'~" ~~}-3 -. ~ `;; !l!; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CTTY HOME LOAN SERVICES, INC Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. KEITH M. GETTY Defendant(s). CIVIL DIVISION N0.05-1115 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTX OF CUMBERLAND ) SS: I, DANIEL G. SCHMIEG, ESQUIRE, attorney for NATIONAL CTPY HOME LOAN SERVICES, INC hereby verifies that on JiJLY 26, 2006 true and correct copies of the Notice of Sheriff s Sale were served by certificate of mailing to the recorded llenholder(s) and any known interested party. ~• DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff Date: JiJLY 31, 2006 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the 5herifPs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. /~g1°2p ;7 iI'~+Y114J~ Us;~g N t~i• > W N .•+. p ~O ao V O~ to A W N Y ~ ~ DD C 1 W 4 ~ ~ 8 ~ ~ 0 ~~ ~ ~ '~ ~ ~ 0 ~ a ~ ~ ~ ~ ~~I ~ ~ x Yn ~ ~ w 7 O $ ?' >y~ ~ ~ W yyC ~• ~ N O ~ ~ Q ~ ~ s ~ z ~ ~° ~~ c ~ ~ ~ ~ ~ ~ ~ ~ ~° w o ~ 6~~ ~ y b ~ ~ ' a ~ ~ M J t j~ ~ j ~ ~ ~' ~ ~ ° ~ yy tqi j S n ~ O ~~ ~ r ~ ~ ~ k e W ~~ ~ ~' ~ ~ ~~~ ~ ~ A,~ dd b > •q Y o B O N W ~ k~ . ~ : ~ ~ ~~~. p ~ • 04 1M S 02.75° 0004218010 JU126 4000 MAILED FROM ZIPGODE 19103 g~~~ @ @ ~9 ~~ ~i Q ~ro Q~~ ~~ ~~~~ 9~~ ~O ^ ~ tr' w o+o A ~~~ r ~_ ~ m r ~~'~ b x °. ~ m 2~~°a ~E f `! ~ ~ ~ ~ J~ >~, ~ o $ bmd ~~x ~:~o> ' ~ >g~~ b~~ ee r ..a~~ ~ o ! ~~a~ ~~ ~ ~ H ~~ ~ ~" ~~ ~~ ~ ~~ ~,~~ 02 iM ~ ~•~~~ 0004219010 JU128 2006 MAI[l:D hYlOM Z~COUE 19103 ~" ~+ "~'; °~ ~ {yam ~ O Gy ~~ ~- z ~;c ~ " ~ National City Home Loan Services, Inc., Plaintiff vs. Keith M. Getty, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. OS-1115 Civil Term ENTRY OF APPEARANCE AS LOCAL COUNSEL Dear Sir: I hereby enter my appearance as local counsel, in conjunction with the Law Offices of Phelan Hallinan Schmieg, for the limited purpose of representing the Plaintiff at Argument Court to be held on Monday, August 28, 2006. ~ > _ ~~ Date: August 10, 2006 Dale F. BhUgha , J Supreme Court 9 10 West High Stre Carlisle, PA 17013 (717) 241-4311 cc: Michele M. Bradford, Esquire, Phelan Hallinan Schmieg Keith M. Getty ~ ~ ~ ~. ~~~ ~• ~ ~~ ,.: u~'~ i o ~ c . ..t, ~ ~ ~ c " ~ r . 0 s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHELAN HALLINAN &SCHMIEG by: MICHELE M. BRADFORD, Esquire Atty. LD. No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215)563-7000 National City Home Loan Services, Inc. Plaintiff vs. Keith M. Getty Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. OS-1115 Civil Term CERTIFICATION OF SERVICE I, MICHELE M. BRADFORD, Esquire, hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of August 28, 2006 at 3:00 PM has been served upon the following persons: Keith M. Getty 136 North 33rd Street Camp Hill, PA 17011 Date: ~+ Keith M. Getty 221 Ehnerald Street Harrisburg, PA 17110 PHELAN HALLINAN &SCHMIEG, LLP By: Michele M. Bradfo squire Attorney for Plaintiff ~ Q ~ 17 `O "" G ~ 1 ~ ~ t'st =: r F G3 U3.~ fir` D --i ~ "V ~ C"~ ~ 3 2~ ~ ~ IV IN THE COURT OF COMMON PLEAS ~ • CUMBERLAND COUNTY, PENNSYLVANIA National City Home Loan Services, Inc. Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Keith M. Getty No. OS-1115 Civil Term Defendant ORDER AND NOW, this day of~, 2006 the Prothonotary is ORDERED to amend the judgment in this case as follows: Principal Balance $109,028.95 Interest Through 9/6/06 18,189.14 Per Diem $25.76 Late Charges 1,873.08 Legal fees 2,325.00 Cost of Suit and Title 3,738.78 Sheriffs Sale Costs 2,330.00 Property Inspections 2,434.25 AppraisalBPO 135.00 MIP/PMI 0.00 NSF 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 9,215.94 TOTAL $149,270.14 Plus interest from 9/6/06 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commis n is not included the above figure. BY J. 112698 &, ~~~ ~. 1 ~ ~. 0 V " i 1A ~rH'N~"A~,!SPaP.3d ~(O 'C ~~ Up ~tfY QUi16 A~7iC)r~1Jrll~u~ 314.1. dL~ 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 Sheriff s Deed in which Central Penn Property Serv Inc is the grantee the same having been sold to said grantee on the 6th day of Sept A.D., 2006, under and by virtue of a writ Execution issued on the 11th day of April, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 1115, at the suit of National City Home Loan Serv Inc against Keith M Getty is duly recorded in Deed Book No. 277, Page 846. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~ day of A.D. of Deeds of Dealt, i:+urww~a wry, Cade. PA My B~Mee rie Flwt Monday of .Jan. 2010 National City Home Loan Services, Inc. In the Court of Common Pleas of V S Cumberland County, Pennsylvania Keith M. Getty Writ No. 2005-1115 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice of Sheriff's Sale and Description in the following manner: The Sheriff mailed by certified mail, return receipt requested, deliver to addressee only, notice of the action to the within named defendants, to wit: Keith M. Getty at his last known address of 15580 Kinross Circle, Fort Myers, FL 33912. This letter was mailed on May 17, 2006. The letter was received by Keith M. Getty on June 10, 2006 and the return receipt card was signed by Fred Getty. Douglas Ruzanski, Deputy Sheriff, who being duly sworn according to law, states that on June 28, 2006 at 12:12 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 Keith M. Getty located at 136 North 33`d Street, Camp Hill, Pennsylvania, 17011 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: Keith M. Getty, by regular mail to his last known address of 15580 Kinross Circle, Fort Myers, Florida 33912 and 136 North 33`d Street, Camp Hill, Pennsylvania, 17011. These letters were mailed under the date of June 26, 2006. The letter addressed to 136 North 33rd Street, Camp Hill, PA 17011 was returned to the Cumberland County Sheriffs Office on July 06, 2006 marked "Unable to Forward, Return to Sender." 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 September 06, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $138,000.00 to Andrew O'Dell 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, PA 17501, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $144,322.54. Sheriffs Costs: Docketing $30.00 Poundage 2,760.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Prothonotary 1.00 Mileage Levy Surcharge Certified Mail Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff s Deed 13.20 15.00 20.00 4.64 347.00 287.60 19.31 25.00 40.50 $3,633.25 ~/ „'~S 1ot~ ~p rs: ~a~ „~-'°'" R. Thomas Kline, Sheriff BY' 0 Real Esta a Sergeant Gam' 30 • ~'~ ~~ t-~r° ch-.54 o'°Y 6~ I J'~s~i .~ f NATIONAL CITY HOME LOAN SERVICES, INC. ' • _ t CUMBERLAND COUNTY Plaintiff, ~, COURT OF COMMON PLEAS KEITH M. GETTY CIVII. DIVISION Defendant(s). N0.05-1115 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) NATIONAL CITY HOME LOAN SERVICES, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,136 NORTH 33RD STREET, CAMP HILL, PA 17011 1. Name and address of Owner(s) or reputed Owner(s): Name KEITH M. GETTY Last Known Address (if address cannot be reasonably ascertained, please indicate) 136 NORTH 3RD STREET CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last lrnown address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name COMMONWEALTH OF PA COMMERCE BANK/ HARRISBURG N.A. HOOPER MEMORIAL HOME Last Known Address (if address cannot be reasonably ascertained, please indicate) DEPARTMENT 280946 HARRISBURG, PA 17128-0946 ERFORD ROAD AND SENATE AVENUE CAMP HILL, PA 17011 3532 WALNUT STREET HARRISBURG, PA 17109 4. ~ DTame and address of last recorded holder of every mortgage of record: Name FIRST FRANKLIN FINANCIAL CORPORATION Last Known Address (if address cannot be reasonably ascertained, please indicate) 2150 NORTH FIRST STREET SAN JOSE, CA 95131 BLAZER CONSUMER DISCOUNT COMPANY, NOW DOING BUSINESS A5 WASHINGTON MUTUAL FINANCE COMMERCE BANK /HARRISBURG N.A. 9-A NO PROGRESS AVENUE HARRISBURG, PA 17109 100 SENATE AVENUE CAMP HILL, PA 17011 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which maybe affected by the sale: Name TenantlOccupant Domestic Relations of Cumberland County Last Known Address (if address cannot be reasonably ascertained, please indicate) 136 NORTH 33RD STREET CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. April 6, 2006 DATE L G. SCHIvi ESQ Attorney for Plaintiff r NATIONAL CITY HOME LOAN SERVICES, INC. Plaintiff, v. . CUMBERLAND COUNTY No. 05-1115 KEITH M. GETTY Defendant(s). Apri16, 2006 TO: KEITH M. GETTY 136 NORTH 3RD STREET CAMP HILL, PA 17011 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAYE PREYIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at ,136 NORTH 33RD STREET, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 6.2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of X123,285.44 obtained by NATIONAL CITY HOME LOAN SERVICES, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late chazges, costs and reasonable attorne)~'s fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling f215) 563-7000. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You maybe entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriffwithin 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff s Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 ALL THAT CERTAIN lot or parcel of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the westerly side of North 33rd Street, said point being 189.55 feet South of the southwest corner of the intersection of North 33rd Street and Logan Street also being at the dividing line between Lot Nos. 117-A and Lot 118-A on the hereinafter mentioned Plan of Resubdivision; thence southwardly along the westerly side of North 33rd Street 70 feet to a point at the dividing line between Lot Nos. 117-A and Lot 116-A on said Plan; thence South 77 degrees 32 minutes West along the said dividing line 125 feet to a point on the easterly side of 15 feet wide alley; thence northwardly along same 70 feet to a point at the dividing line between Lot Nos. 117-A and 118-A on said Plan; thence North 77 degrees 32 minutes East 125 feet to a point; the place of Beginning. BEING Lot No. 117-A on the Plan of Resubdivision of Lots 115 to 131, Plan of Belvoir as recorded in the Cumberland County Recorder of Deeds Office in Plan Book 1, Page 16. BEING known and numbered as 136 North 33rd Street, c~ Hz~.~., PA 17011 Tax Parcel # O1-2i-0273-183 TITLE TO SAID PREMISES IS VESTED IN Keith M. Getty, a married man By Deed from Wayne A. Janis and Alisa E. Janis, husband and wife dated 9%2001 and recorded 7/6/2001 in Record Book 247, Page 1429. Premises: 136 North 33'~ Street, Camp Hill, PA 17011 ALL THAT CERTAIN lat or parcel of land sttuate to the Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the westerly side of North 33rd Street, said point being 189.55 feet South of the southwest corner of the intersection of North 33rd Street and Logan Street also being at the dividing line between Lot Nos. 117-A and Lot 118-A on the hereinafter mentioned Plan of Resubdivision; thence southwardly along the westerly side of North 33rd Street 70 feet to a point at the dividing line between Lot Nos. 117-A and Lot 116-A on said Plan; thence South 77 degrees 32 minutes West along the said dividing line 125 feet to a point on the easterly side of 15 feet wide alley; thence northwardly along same 70 feet to a point at the dividing line between Lot Nos. 117-A and 118-A on said Plan; thence North 77 degrees 32 minutes East 125 feet to a point; the place of Beginning. BEING Lot No. 117-A on the Plan of ReSubdivision of Lots 115 to 131, Plan of Belvoir as recorded in the Cumberland County Recorder of Deeds Office in Plan Book 1, Page 16. BEING known and numbered as 136 North 33rd Street., CAMP HILL, PA 17011 Tax Parcel # 01-21-0273-183 TITLE TO SAID PREMISES IS VESTED IN Keith M. Getty, a married man By Deed from Wayne A. Janis and Alisa E. Janis, husband an wdil'e d ted 9%2001 and recorded 7/6/2001 in Record Book 247, Page 1429. Premises: 136 North 33'~ Street, Camp Hill, PA 17011 WRIT OF EXECUTION and/or ATTACHMENT i COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO OS-1115 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY HOME LOAN SERVICES, INC., Plaintiff (s) From KEITH M. GETTY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $123,285.44 L.L. Interest FROM 8/31/05 TO 9/6/06 (PER DIEM - $20.27) -- $7,520.17 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $968.60 Other Costs $6,180.22 ATTY FEES AND COSTS Plaintiff Paid Date: APRIL 11, 2006 CURTIS R. LONG Prothonota (Seal) By; Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 27 On May 17, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Camp Hill, Cumberland County, PA Known and numbered as 136 North 33rd St, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. ,: . Date: May 17, 2006 By: Real Estate Sergeant °' E I =€ d 21 Ndtl 4001 _: F~ ~. ~d 'AlFdI~1J ~1~~~ _.~d:3~l~i1J dd1~3HS 3Ni dQ 3~Idd~J ~~ ,• SCHEDULE OF DISTRIBUTION SALE N0.27 Date Filed: October 06, 2006 Writ No. 2005-1115 Civil Term National City Home Loan Services, Inc. VS Keith M. Getty 136 North 33rd Street Camp Hill, PA 17011 Sale Date: September 06, 2006 Buyer: Central Penn Property Services, Inc. Bid Price: $138,000.00 Real Debt: $123,285.44 Interest: 7,520.17 Attorney Costs: 968.60 Misc. Costs: 6,180.22 Total: $137,954.43 DISTRIBUTION: Receipts: Cash on account (04/28/2006): $ 1,500.00 Cash on account (09/06/2006): 13,800.00 Cash on account (09/21/2006): 130,109.60 Cash on account (09/22/2006) 412.94 Total Receipts: $145,822.54 .• Disbursements: Sheriff s Costs Legal Search Local Transfer Tax State Transfer Tax Attorney Daniel Schmieg National City Home Loan Services Inc Total Disbursements: Balance for distribution: So Answers: ~!-~ $3,633.25 200.00 1,681.27 1,681.27 1,500.00 137,126.75 ($145,822.54) 0.00 R. Thomas Kline Sheriff y. TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE N0.27 Held Wednesday, September 6, 2006 Date: September 6, 2006 TAXES: Receipts for all taxes for the years 2003 to 2005 inclusive. Taxes for the current year 2006. WATER RENT: Company assumes no liability for private supply of water or sewer. SEWER RENT 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 , 2006, and recorded 2006, in Cumberland County Deed Book ,Page RECITAL: Being the same premises which Wayne A. Janis and Alisa E. Janis, his wife, by deed dated June 29, 2001 and recorded July 6, 2001 in the Office of the Recorder of Deeds for Cumberland County in Deed Book 247 Page 1429 granted and conveyed Keith M. Getty, married man. 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 North 33`d Street and in the roadbed of an unnamed public alley. 6. Mortgage in the amount of $112,000.00, given by Keith M. Getty to First Franklin Financial Corp. dated June 29, 2001 and recorded July 6, 2001 in Mortgage Book 1726, Page 4105. Said mortgage was assigned National City Home Loan Services, Inc. by assignment recorded March 3, 2005 in Miscellaneous Record Book 716, Page 1400. Said mortgage was further assigned to National City Bank of Indiana. by assignment recorded December 22, 2005 in Miscellaneous Record Book 723, Page 2806. Complaint in Mortgage Foreclosure filed by National City Home Loan Services, Inc. as Plaintiff against Keith M. Getty as Defendant on March 3, 2005 in the Office of the Prothonotary of Cumberland County to file number 2005-1115. Judgment in the amount of $123,284.44 entered September 2, 2005. Order reassessing damages at $149,270.14 entered August 28, 2006. 7. Mortgage in the amount of $28,000.00 given by Keith M. Getty to First Franklin Financial Corporation dated June 29, 2001 and recorded July 6, 2001 in Mortgage Book 1726, Page 4123. 8. Mortgage in the amount of $15,920.00 given by Keith M. Getty to Washington Mutual Finance dated June 25, 2002 and recorded June 28, 2002 in Mortgage Book 1763, Page 2141. 9. Mortgage in the amount of $20,000 given by Keith M. Getty to Commerce Bank Harrisburg, NA dated January 14, 2003 and recorded February 4, 2003 in Mortgage Book 1794, Page 3920. Complaint in mortgage foreclosure filed by Commerce Bank/Harrisburg NA as plaintiff against Keith M. Getty as Defendant in the Office of the Prothonotary on February 23, 2005 to file number 2005-944. Judgment in the amount of $23,026.87 entered on August 4, 2005. 10. Judgment in the amount of $8,000.00 entered by Hooper Memorial Home as plaintiff against Keith Getty as defendant on March 1, 2005 in the Office of the Prothonotary to file number 2005-1045. 11. Certified copy of lien in the amount of $2,931.18 entered by Bureau of Compliance, Pennsylvania Department of Revenue as plaintiff against Keith M. Getty and Cheryl S. Getty as defendants on September 4, 2003 in the Office of the Prothonotary to file number 2003-4320. 12. Confession of judgment in the amount of $69,903.99 entered by Commerce Bank/Harrisburg NA as plaintiff against Keith M. Getty and Cheryl S. Getty as defendants on December 8, 2005 in the Office of the Prothonotary to file number 2005-380. It is to be noted that an Order of Court voiding the lien by Bankruptcy Court was entered. 13. Building and use restrictions, set backs and easements as shown on or set forth with the plan of Belvoir, recorded in Plan Book 1, Pages 5 and 16. 14. Real estate taxes accruing on and after January 1, 2007 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 Bi111412, Act 58 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 v id r binding until countersigned by an authorized si tory. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law. Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been 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: July 21, July 28, and August 4, 2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ' ~_ Marie Co ,Editor S~%G`CSkN TO AND SUBSCRIBED before me this 4 day of August, 2006 _ NOTAT~IAL SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March S, 2QO9 >~, st~rw~ au,~ xo. a~ Writ No. 2005-1115 Civil National City Home Loan Services, Inc. vs. Keith M. Getty Atty.: Daniel G. Schmieg ALL THAT CERTAIN lot or paz- cel of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and de- scribed as follows, to wit: BEGINNING at a point on the westerly side of North 33rd Street, said point being 189.55 feet South of the southwest corner of the in- tersection of North 33rd Street and Logan Street also being at the di- viding line between Lot Nos. 117-A and Lot 118-A on the hereinafter mentioned Plan of Resubdivision; thence southwazdly along the west- erly side of North 33rd Street 70 feet to a point at the dividing line between Lot Nos. 117-A and Lot 116-A on said Plan; thence South 77 degrees 32 minutes West along the said dividing line 125 feet to a point on the easterly side of 15 feet wide alley; thence northwazdly along same 70 feet to a point at the divid- ing line between Lot Nos. 117-A and 11$-A on said Plan; thence North 77 degrees 32 minutes East 125 feet to a point; the place of Begin- ning. BEING Lot No. 117-A on the Plan of Resubdivision of Lots 115 to 131, Plan of Belvoir as recorded in the Cumberland County Recorder of Deeds Oi~lce in Plan Book 1, Page 16. BEING known and numbered as 136 North 33rd Street, Camp Hill, PA 17011. Tax Parce] # 01-21-0273-183. TITLE TO SAID PREMISES IS VESTED IN Keith M. Getty, a mar- ried man By Deed from Wayne A. Janis and Alisa E. Janis, husband and wife dated 6/29/2001 and re- corded 7/6(2001 in Record Book 247, Page 1429. Premises: 136 North 33rd Street, Camp Hill, PA 17011. 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 andlor Sunday) Metro editions which appeared in the 19th and 26th day(s) of July and the 2nd day(s) of August 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ................... . .. .................................... COPY Sworn to ands sc ' efore me this 16th da ofi ~~~g~1~3~:VAN1 SALE #27 con~nno~vw_~.. ~tRarial Seas Public Terry L ~~eil, Notary City pf amsbu~ uPhin CAUMy h,,y fission ' es June 6.2010 d / O ~1Ae~aber Pe~rp~SY ~a Associal'on~ mar PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013