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HomeMy WebLinkAbout01-2004FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (~lS) s6%7~oo GE CAPITAL MORTGAGE SERVICES, 1NC. 5024 PARKWAY PLAZA BOULEVARD CHARLOTTE, NC 28217 Plaintiff KENNETH G. BURRY 401 PINE ROAD MOUNT HOLLY SPRING, PA 17065 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY THE UNITED STATES OF AMERICA c/o The United States Attorney for the Middle District of Pennsylvania 1164 Federal Building 228 Walnut Street Harrisburg, PA 17101 Defendant(s) CIVIL ACTION - I,AW C, OMPLAINT IN MORTGAGE FORECI,OglIRE NOTICE **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. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO F1ND OUT WHERE YOU CAN GET LEGAL HELP. Loan #: 10736528 CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1. Plaintiff is GE CAPITAL MORTGAGE SERVICES, INC. 5024 PARKWAY PLAZA BOULEVARD CHARLOTTE, NC 28217 2. The name(s) and last known address(es) of the Defendant(s) are: KENNETH G. BURRY 401 P1NE ROAD MOUNT HOLLY SPRING, PA 17065 THE UNITED STATES OF AMERICA c/o The United States Attorney for the Middle District of Pennsylvania 1164 Federal Building 228 Walnut Street Harrisburg, PA 17101 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 7/29/93 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to BANK UNlTED OF TEXAS, FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1153, Page 1003. By Assignment of Mortgage recorded 4/27/94 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 472, Page 386. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance Interest 10/1/00 through 4/1/01 (Per Diem $14.19) Attorney's Fees Cumulative Late Charges 7/29/93 to 4/1/01 Cost of Suit and Title Search Subtotal $63,862.78 2,596.77 3,193.00 227.04 550 00 $70,429.59 Escrow Credit 132.61 Deficit 0 00 Subtotal ($132 61 ) TOTAL $70,296.98 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. The United States of America is made a Defendant herein pursuant to 28 U.S.C. 2410, because of federal tax liens that have been filed with the Prothonotary of CUMBERLAND County in the Judgment Index Unit as follows: (a) United States vs. KENNETH G. BURRY; No. 2000-6334; filed 9/18/00; $7,972.77. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $70,296.98, together with interest from 4/1/01 at the rate of $14.19 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ALL THOSE TWO CERTAIN tracts Of land situate im South Middle=on Township, cumberland County, Pennsylvania, bounded and described as follows: T~ACT NO. 1 BEGINNING at an iron pin on the Southern side Of the Pime Road, the ] and now or formerly of Bert L. and Mildred C. woodward; thence southwardly Dy a lil%e parallel with said eastern boundary and 24 feet distant t~terefrom, South 17 degrees, 42 minutes East, 250 feet to an iron pin on the line of other lamd now or formerly of Bert L. and Mildred C. Woodward; thence we~twardly by a line parallel with the southern side of ~he Pine Road, 100 f~et to an iron pin on the lime now or formerly of other land of Bert L. and Ml. ldred G. Woodward; thence by ~%e same, Nort]~ 17 degrees, 42 minutes West 250 fee= to an iron pin on ~he southern side of the of BEGINNING. BEGINNING at a point on the northern ~ide of the Pine Road at the eastern boundary lime of the lamd now or formerly of ~ert L. and Mildred C. Woodward, thence northwardly alo~g said boundary line, 15 feet, more or less, to the southern bank only of the Yellow Breeches Creek; thence by said southern ban}( in a westwardly direction, 70 fee=, more or less to a point; themce by a line direction, 16 feet, more or less, to the northern side of the Pine r~ad; thence by the latter in am eastwardly direction, 70 feet, more or less, to the place of BEGINNING. BEING the same premise~ w~%ich William L. Smith, by his deed dated September 19, k950, and recorded im the office of the Recorder of Deeds in and for Cumberland Cou;~ty in Deed Book "N," Volume 14, Dage 90, granted and conveyed unto william L. Smith and Jeam Marie smith, husband amd wife, Gramtorm herein PREMISES: 401 PINE ROAD VERIFICATION T3a~-9/ JOHNSON hereby states that he is ASSISTANT VICE PRES[DENT of WELLS FARGO HOME MORTGAGE, INC. mortgage servicing agent for Plaintiff in this matter, that he is author/zed to take this Verification, and that the statements made in the foregoing Civil Action ia Mortgage Foreclosure are tree and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: TAMMY JOHNSON ASST. VICE PRESIDENT SHERIFF'S RETURN - REGULAR CASE NO: 2001-02004 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GE CAPITAL MORTGAGE SERVICES VS BURRY KENNETH G ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BURRY KENNETH G the DEFENDANT , at 0017:50 HOURS, on the 10th day of April , 2001 at 401 PINE ROAD MOUNT HOLLY SPRINGS, PA 17065 KAREN NICKEL (LEGAL ADULT a true and attested copy of COMPLAINT - MORT FORE NOTICE by handing to RESIDENT) together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.72 Affidavit .00 Surcharge 10.00 .00 31.72 Sworn and Subscribed to before me this ~'~ day of ~/~, Y'I' [ ~0~. A.D. So Answers: R. Thomas Kline 04/11/200 FEDERMAN & PHELAN By: - ~ (Rule of Civil Procedure No. 236 - Revised) GE CAPITAL MORTGAGE SERVICES, INC. VS. KENNETH G. BURRY Plaintiff Defendant(s) : CUMBERLAND COUNTY : Court of Common Pleas : CIVIL DIVISION : NO. 2001-02004 Notice is given that a Judgment in the above captioned matter has been entered against you on MAY ~q ~' · 2000. DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attorney for Filing Party One Penn Center at Suburban Station 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 IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GE CAPITAL MORTGAGE SERVICES, INC. 5024 PARKWAY PLAZA BOULEVARD CHARLOTTE, NC 28217 Plaintiff VS. KENNETH G. BURRY 401 PINE ROAD MOUNT HOLLY SPRING, PA 17065 Defendant(s) Attomey for Plaintiff : CUMBERLAND COUNTY : : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 2001-02004 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiff and against KENNETH G. BURRY, 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 4/1/01-5/25/01 $70,296.98 $780.45 TOTAL $71,077.43 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attomey for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. PRo PROTHY'-r -7 **THIS FIRM IS A DEBT COLLECTOR ATYEMPTING 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 ATFEMPT TO COLLECF A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** FEDERMAN AND PHELAN, L.L.P. 'Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 GE CAPITAL MORTGAGE SERVICES, INC. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION vs. KENNETH G. BURRY Defendant (s) : CUMBERLAND COUNTY : NO. 2001-02004 TO: KENNETH G. BURRY 401 PINE ROAD MOUNT HOLLY SPRING,PA 17065 DATE OF NOTICE: 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 RECEIVED 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 enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. !2248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GE CAPITAL MORTGAGE SERVICES, INC. VS. KENNETH G. BURRY Plaintiff Defendant(s) Attorney for Plaintiff : CUMBERLAND COUNTY : : Court of Common Pleas : : CIVIL DIVISION : : NO. 2001-02004 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attomey for the Plainfiffin 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 Co) that defendant KENNETH G. BURRY is over 18 years of age and resides at 401 PINE ROAD, MOUNT HOLLY SPRING, PA 17065. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN Attomey for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2001-02004 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GE CAPITAL MORTGAGE SERVICES VS BURRY KENNETH G ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BURRY KENNETH G the DEFENDANT at 401 PINE ROAD , at 0017:50 HOURS, on the 10th day of April , 2001 MOUNT HOLLY SPRINGS, PA 17065 KAREN NICKEL (LEGAL ADULT a true and attested copy of COMPLAINT - MORT FORE NOTICE by handing to RESIDENT) together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.72 Affidavit .00 Surcharge 10.00 .00 31.72 Sworn and Subscribed to before me this day of A.D. So Answers: R. Thomas Kline 04/11/2001 FEDERMAN & PHELAN By: ~ - ~-- Prothonotary PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 GE CAPITAL MORTGAGE SERVICES INC. : Plaintiff, : V. : : KENNETH G. BURRY THE UNITED STATES OF AMERICA Defendant(s). CUMBERLAND COUNTY No. 2001-02004 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 5/25/01 to 9/5/01 (per diem - $11.68) TOTAL $71,077.43 $1,203.45 and Costs $72,280.88 RANK FEDERMAN, ESQUIRE ONE PENN CENTER at SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103 Attorney for Plaintiff Note: Please attach description of property. No. ALL THOSE TWO CERTAIN tracts of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: T1La, CT NO. 1 BEGINNING at an i~on pin on the Southern side of the Pine Road, said pin being 24 feet Westwardly from the Eastern boundary of the land now or formerly of Bert L. and Mildred C. Woodward; thence Southwardly by a line parallel with said Eastern boundary and 24 feet distance therefrom, South 17 degrees, 42 minutes East, 250 feet to an iron.pin on the line of other land nov~~ or formerly of Bert L. and Mildred C. Woodward; thence Westwardly by a line parallel with the Southern side of the Pine Road, 100 feet to an' iron pin on the line now or formerly of other land of Bert L. and Mildred C. Woodward; thence by the same, North 17 degrees, 42 minutes West 250 feet to an iron pin on the Southern side of the pine Road; thence by the latter Eastwardly 100 feet to the place of BEGINNING. TRACT NO. 2 BEGINNING at a point on the Northern side of the pine Road at the Eastern boundary line of the land now or foimerly of Bert L. and Mildred C~ Woodward, thence Northwardly along said boundary line, 15 feet, more or less, to the Southern bank only of the Yellow Breeches Creek; thence by said Southern bank in a Westwardly direction, 70 feet, more or less to a point; thence by a line parallel with the line first mentioned above in a Southwardly direction, 16 feet, more or less, to the Northern side of the Pine road; thence by the latter in an Eas_.Cwardly direction, 70 feet, more or less, to the place of BEGINNING. Tax Parcel #40-30-2642-012 TITLE TO SAID PRElVIISES IS VESTED IN Kenneth G. Burry by Deed from William L. Smith and 3ean Marie Smith, his wife dated 7/29/93, recorded 7/29/93, in Record Book K-36, Page 1106. GE CAPITAL MORTGAGE SERVICES INC. Plaintiff, V. KENNETH G. BURRY THE UNITED STATES OF AMERICA Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2001-02004 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GE CAPITAL MORTGAGE SERVICES INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, 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 401 PINE ROADMOUNT HOLLY SPRING~ PA 17065 1. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) KENNETH G. BURRY 401 PINE ROAD MOUNT HOLLY SPRING, PA 17065 Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) US TREASURY DEPARTMENT, PITTSBURGH OFFICE UNEMPLOYMENT COMPENSATION FUND 1000 LIBERTY AVENUE PITTSBURGH, PA 15222-9974 16TM FLOOR, LABOR AND INDUSTRY BUILDING HARRISBURG, PA 17121 JAMES C. CASTOPOULAS 13 SOUTH HANOVER STREET CARLISLE, PA 17013 Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) MERCANTILE MORTGAGE 630 FREEDOM BUSINESS CENTER, SUITE 314 KING OF PRUSSIA, PA 19406 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 so indicate.) None 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 so indicate.) USA, Internal Revenue Service Special Procedures Branch Federated Investors Tower Thirteenth Floor Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 U.S. Department of Justice U.S. Attorney Eastern District of PA Suite 1250,615 Chestnut Street Philadelphia, PA 19106-4476 Attn: Terry Reardon Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 401 PINE ROAD MOUNT HOLLY SPRING, PA 17065 Domestic Relations of Cumberland 13 North Hanover Street County 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. June 4, 2001 ~ .~. ~, ,~~ ~ DATE FRANK FE~D~ER~AN, ESQUIRE ) Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 GE CAPITAL MORTGAGE SERVICES INC. Plaintiff, V. KENNETH G. BURRY THE UNITED STATES OF AMERICA Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2001-02004 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises arc not subject to thc provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Attorney for Plaintiff GE CAPITAL MORTGAGE SERVICES INC. Plaintiff, V. KENNETH G. BURRY THE UNITED STATES OF AMERICA Defendant(s). TO: KENNETH G. BURRY 401 PINE ROAD MOUNT HOLLY SPRiNG, PA 17065 CUMBERLAND COUNTY No. 2001-02004 June 4, 2001 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 401 PINE ROADMOUNT HOLLY SPRING, PA 17065is ~, scheduled to be sold at the Sherifi's Sale on SEPTEMBER 5, 2001 at 10:00 a.m. in the Cumberlafid~ County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by GE CAPITAL MORTGAGE SERVICES INC. (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the December 5, 2001 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 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. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (I0) 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THOSE TWO CERTAIN tracts of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: T1La, CT NO. 1 BEGINNING at an iron pin on the Southern side of the Pine Road, said pin being 24 feet Westwardly from the Eastern boundary of the land now or fomlerly of Bert L. and Mildred C. Woodward; thence Southwardly by a line parallel with said Eastern boundary and 24 feet distance therefrom, South 17 degrees, 42 minutes East, 250 feet to an iron pin on the line of other land no~ or formerly of Bert L. and Mildred C. Woodward; thence Westwardly by a line parallel with the Southern side of the Pine Road, 100 feet to an iron pin on the line now or formerly of other land of Bert L. and Mildred C. Woodward; thence by the same, North 17 degrees, 42 minutes West 250 feet to an iron pin on the Southern side of the Pine Road; thence by the latter Eastwardly 100 feet to the place of BEGINNING. TRACT NO. 2 BEGINNING at a point on the Northern side of the Pine Road at the Eastern boundary line of the land now or formerly of Bert L. and Mildred C. Woodward, thence Northwardly along said boundary line, 15 feet, more or less, to the Southern bank only of the Yellow Breeches Creek; thence by said Southern bank in a Westwardly direction, 70 feet, more or less to a point; thence by a line parallel with the line first mentioned above in a Southwardly direction, 16 feet, more or less, to the Northern side of the Pine road; thence by the latter in an Eas...tw_ardly direction, 70 feet, more or less, to the place of BEGINNING. Tax Parcel #40-30-2642-012 TITLE TO SAID PREMISES IS VESTED IN Kenneth G. Burry by Deed from William L. Smith and Jean Marie Smith, his wife dated 7/29/93, recorded 7/29/93, in Record Book K-36, Page 1106. PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE GE CAPITAL MORTGAGE SERVICES INC. KENNETH G. BURRY SERVE KENNETH G. BURRY AT 401 PINE ROAD MOUNT HOLLY SPRING, PA 17065 CUMBERLAND COUNTY No.2001-02004 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 5, 2001 Served and made known to at ,~lq'~ ,o,clockl~.m.,at 46Y/ of Pennsylvania, in the manner described below: SERVED ,Dcfendant, onthe ./_Y~ dayof ~'J~tu~ ,200~, ~ Defendant personally served. __Adult family member with whom Defendant(s) reside(s). Relationship is __Adult in charge of Defendant(s)'s residence who refused to give name or relationship. __ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age ~ Height~ ~ Weightj.9"~ Race Sex C}~ g.el, ac¢_ ~,, C~g. JW "J~ ,a competent adult, being duly sworn according to law, depose and state that I personally handed I, a true and correct copy-- tofthe Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed I Stae~ L Heefner, Nota~] Public / . ~ ,,. ~r~lt -- I ChambemburgBorgd~a~dlnCounty Oelor.g l~.e tins ~ .na.y J My Commission E.~pirl~t~ug. 5, 2002..~ of ,200_ . j  ) O 0 IL (J NOT SERVED On the day of ,200__, at __ o'clock __.m., Defendant NOT FOUND because: Moved Unknown__ No Answer __ Vacant Other: Sworn to and subscribed before me this __ day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center Suburban Station, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FED~ A_ND pX-IET ~N By: DANIEL G. SCHMIEG, ESQUIRE IDENTIFICATION NO. 62205 ONE PENN CENTER AT SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATI'ORNEY FOR PLAINTIFF COURT OF COMMON PI ~EAS CIVIL DIVISION GE CAPITAL MORTGAGE SERVICES, INC. Plaintiff Vo KENNETH G. BURRY and THE UNITED STATES OF AMERICA Defendants COUNTY: CUMBERLAND FILED: 4/5/2001 NO. 01-2004 STIPULATION It is hereby stipulated and agreed by and between counsel for plaintiff, and the defendant, United States of America, as follows: 1. That the premises known as 401 PINE ROAD, MOUNT HOLLY SPRING, PENNSYLVANIA (the "Premises") is owned by the defendant(s). 2. That the Federal tax lien referred to in paragraph nine (9) of the plaintiffs Complaint is junior in time to the plaintiffs mortgage set forth in paragraph three (3) of said Complaint. 3. That the defendant, United States of America, is not indebted to the plaintiff. 4. That the defendant, United States of America, agrees to the entry in this action of a judgment in favor of the plaintiff and against the United States of America for foreclosure and sale of the mortgaged property. o o That the aforesaid premises shall be sold at a judicial sale, notice of which will be served on the defendant, United States of America. That the judidal sale of said property shall discharge the Federal lien referred to in paragraph me (9) of said Complaint. That the proceeds of sale shall be divided and distributed as the parties may be entitled. That the defendant, United States of America preserves its right of redemption as provided in Title 28 United States Code, Section 2410 (c). The parties to this Stipulation shall bear their own respective costs in this proceeding. Date: Date: Respectfully submitted I~Ot.~ARL S 01~I BY: j~;eph j. ~erz I''~ Assis[ant~nit~d States AttomL'sf Deputy Chief, Civil Division Attorneys for United States of America FEDE~ AND PHELAN Daniel G. schmie~, Es~.' ---~" One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1804 Attorneys for Plaintiff Loan:10736528 · .._~,~q.~. FEDERMAt'I Al,ID pHF..L~t,t ATTORNEY FILE COPY FEDERMAN AND PFI~,LAN, L.L.P. ~.,~'~i .~ O~; 1P7e SoPhie ~..~I~Le~ tnnSe dUby BU r boau~ eSv~arfidO n Email: dan.schmieg(&fedphe-pa.com Dan Schmieg, Esquire Ext. 1272 Representing Lenders in Pennsylvania and New Jersey June 12, 2001 Ms. Mary Padgett U.S. Depax;,uent of Justice United States Attomey Middle Dis~ict of Penn~lvania 228 Walnut Street P.O. Box 11754 Harrisburg, Pa 17108 FEDERMAN AND PHELAN ATTORNEY FILE COPY PLEASE RETURN. USA TAX LIENS ON THE FOLLOWING: KENNETH G. BURRY THE UNITED STATES OF AMERICA Couaty: CUMBERLAND Court No. 01-2004 Filed: 4/5/2001 Dear Ms. Padgett: Enclosed please find the complaint filed by our office as well as the proposed stipulation(s) relative to the IRS liens on the above. If acceptable, please have the stipulation(s) signed and returned to me at your earliest convenience. If you have any questions, please contact me. Thank you for your attention to this matter. Sincexely, Enclosures FEDERMAN AND PHEL~N ATTORNEY FILE COPY PLEASE RETURN · ! SALE DATE: SEPTEMBER 5, 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GE CAPITAL MORTGAGE SERVICES INC. VS. No.: 2001-02004 KENNETH G. BURRY THE UNITED STATES OF AMERICA AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 401 PINE ROAD, MOUNT HOLLY SPRING, PA 17065. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Supplemental Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. August 28, 2001 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) US TREASURY DEPARTMENT, PITTSBURGH OFFICE UNEMPLOYMENT COMPENSATION FUND 1000 LIBERTY AVENUE PITTSBURGH, PA 15222-9974 16TM FLOOR, LABOR AND INDUSTRY BUILDING HARRISBURG, PA 17121 JAMES C. CASTOPOULAS 13 SOUTH HANOVER STREET. CARLISLE, PA 17013 Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) MERCANTILE MORTGAGE 630 FREEDOM BUSINESS CENTER, SUITE 314 KING OF PRUSSIA, PA 19406 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 so indicate.) None 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 so indicate.) USA, Internal Revenue Service Special Procedures Branch Federated Investors Tower Thirteenth Floor Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 U.S. Department of Justice U.S. Attorney Eastern District of PA Suite 1250, 615 Chestnut Street Philadelphia, PA 19106-4476 Attn: Terry Reardon Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 401 PINE ROAD MOUNT HOLLY SPRING, PA 17065 Domestic Relations of Cumberland 13 North Hanover Street County 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 unswom falsification to authorities. June 4, 2001 ~ ~/~ ~ ~%/~7~.~/~/-~ ~ FRANK FI~D~E~, ESQUIRE 1 DATE Attorney for Plaintiff DATE: June 4, 2001 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S) KENNETH G. BURRY THE UNITED STATES OF AMERICA PROPERTY: 401 PINE ROAD MOUNT HOLLY SPRING, PA 17065 Improvements: Residential Property CUMBERLAND COUNTY The above-captioned property is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 5, 2001 at 10:00 a.m. in Cumberland County Courthouse~ South Hanover Street~ Carlisle~ PA. Our records indicate that you may hold a mortgage or judgment on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. LH STATE OF PENNSYLVANIA, } COUNTY OF CUMBERLAND ss. Robert P Ziegler I, ............................................................................. Recorder of Deeds in and for said County and State do'hereby certify that the Sheriff's Deed in which ................ ...... };_e_].l§_/F_a_rg_o. Home Mor_tia_ge ................................................................... is thc grantee the same having been sold to said grantee on the ........... }~:_h ................................. day of September 2001 ........................................ A. D., ..' ...... under and by virtue of a writ .............. Execution ................................................ issued on the ..... -~cb.. ........................... day of .......... .J__u_n_e ........... A.D., 2001 ..... ~ out of thc Court of Conunan Picas of said County'as of Civil ................................................................................... Term, 1 2001 Number .... 2__0_0.4_ ..... , at the su;t of - GE -C~I~i£.~.~, l~l~.r~g_al~e. Services Inc .-.:-_. Kenneth G Burry duly rec°rded in Sheriff's Deed B°°k No- - -2-4-8- ....... , Page ..... _/+_~_~= 7=_ _, IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this .... ~=~=.._ day of .... .............. A.D., Recorder of Deed~ GE Capital Mortgage Services, Inc. VS Kenneth G. Burry In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-2004 Civil Term David McKinney, Deputy Sheriff, who being duly sworn according to law, states on July 6, 2001 at 3:55 o'clock PM EDST, he served a true copy of Real Estate Writ Notice and Description in the above entitled action upon one of the within named defendants to wit: Kenneth G. Burry, by making known unto Kenneth Burry, at 401 Pine Road, Mt. Holly Springs, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said tree and attested copies of the same. David McKinney, Deputy Sheriff, who being duly swom according to law, states on July 6, 2001 at 3:55 o'clock P.M., EDST, he posted a copy of the Real Estate Writ, Notice, Poster and Description on the property of Kenneth G. Burry located at401 Pine Road, Mt. Holly Springs, Cumberland County, Pennsylvania (consisting of two tracts), according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the above Real Estate Writ, Notice, Poster and Description in/he following manner: The Sheriff mailed a pendency of the action by regular mail to one of the within named defendants, to wit: Kenneth G. Burry, at his last known address of 401 Pine Road, Mt. Holly Springs, PA 17065. This letter was mailed under the date of July 9, 2001 and never returned to the Sheriff's Office R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania, on September 5, 2001 at 10:00 o'clock A.M., E.D.S.T., and sold the same for the sum of $40,000.00 to Attorney Dale Shughart (for Attorney Frank Federman) for Wells Fargo Home Mortgage. It being highest bid and best price received for the same, Wells Fargo Home Mortgage of 5024 Parkway Plaza Boulevard, Charlotte, NC, being the buyer in this execution, paid SheriffR. Thomas Kline the sum of $1,914.39. Sheriff's Costs: Docketing $ 30.00 Poundage 800.00 Posting Handbills 30.00 Advertising 30.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 3.90 Certified Mail 1.73 Levy 30.00 Surcharge 30.00 Law Journal 339.80 Patriot News Share of Bills Distribution of Proceeds Sheriff s Deed 300.30 25.66 25.00 $1,714.39 paid by attorney 10-05-01 Sworn and Subscribed to Before Me This /.t~ Day of ~ 2001,A.D. ~,.~ ~ '-)/~/,~ ,~ ProthOnotary R. Thomas Kline, Sheriff WRiT OF EXECUTION and/or A'R'ACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. COUNTY OF CUMBERLAND) TO THE SHERIFF OF C~nberland To satisfy the debt, interest and costs due 01-2004 CIVIL ~ TEI~ CIVIL ACTION - LAW COUNTY: GE Capital Mortgage Services, Inc. PLAINTIFF(S) from Kenneth G. Buzz? and The United States of America, 401 Pine Road, Mount Holly Springs, PA 17065 DEFENDANT(S) (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/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing t he reof; (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 $71,077.43 L.L $.50 from 5/2b/U± to ~/ ~/01 Interest (~r~r ~im-$11.68) S1.203.45 and costs Due Pr0thy $1.00 Atty's Comm % Other Costs Atty Paid $103.72 Plaintiff Paid Date: June 8, 2001 Curtis R. Long REQUESTING PARTY: Name Frank Federman, Esq. Prothonotary, Civil Division Address: One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 12248 SCHEDULE OF DISTRIBUTION SALE NO. 59 Writ No. 2001-2004 Civil Term GE Capital Mortgage Services, Inc. VS Kenneth G. Burry Filed October 5, 2001 Date of Sale: Buyer: Bid Price: September 05, 2001 Wells Fargo Home Mortgage $40,000.00 Real Debt $71,077.43 Interest 1,203.45 Attorney writ costs 103.72 Tot~ $72,384.60 Distribution Amount Collected $1,914.39 Legal Search 200.00 Sheriff's Costs 1,714.39 R. Thomas Kline, Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 59 Held Wednesday, September 5, 2001 Date: September 5, 2001 TAXES: Receipts for all taxes for the years 1998 to 2000 inclusive. Taxes for the current year 2001. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated ,2001, and recorded ,2001, in Cumberland County Deed Book , Page RECITAL: BEING the same premises which William L. Smith and Jean Made Smith, husband and wife, by deed July 29, 1993 recorded July 29, 1993 in the Office of the Recorder of Deeds in and for Cumberland County in Carlisle, Pennsylvania in Deed Book "K," Volume 36, Page 1106 granted and conveyed to Kenneth G. Burry. 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 Pine Road. Mortgage in the amount of $69,422.00 given by Kenneth G. Burry, sole owner to Bank United of Texas, FSB, dated July 29, 1993 recorded July 29, 1993 in Mortgage Book 1153 Page 1003. Assigned to G.E. Capitol Services, Inc. by instrument recorded in Miscellaneous Record Book 472 Page 386. Complaint in Mortgage foreclosure filed by G. E. Capitol Mortgage Services, Inc. as Plaintiff against Kenneth G. Burry in the United States of America as Defendant in the Office of the Prothonotary of Cumberland County to file number 2001-2004. Default judgment entered May 29, 2001 in the amount of $71,077.43. Judgment entered by United States Treasury Department as Plaintiff against Kenneth G. Burry as Defendant on September 18, 2000 in the Office of the Prothonotary of Cumberland County to file number 2000-6334. Lien filed by the Unemployment Compensation Fund as Plaintiff against Kenneth G. Burry et al as Defendants on December 6, 2000, in the Office of the Prothonotary of Cumberland County to file number 2000-8458 in the amount of $686.11. Lien filed by Unemployment Compensation Fund as Plaintiff against Kenneth G. Burry, et al as Defendants on December 6, 2000 in the Office of the Prothonotary of Cumberland County to file number 2000-8459 in the amount of $1,406.29. 10. Lien filed by Unemployment Compensation Fund as Plaintiff against Kenneth G. Burry et al as Defendants on December 6, 2000 in the Office of the Prothonotary of Cumberland County to file number 2000-8460 in the amount of $552.60. 11. Lien filed by Unemployment Compensation Fund as Plaintiff against Kenneth G. Burry et al as Defendants on September 19, 2000 in the Office of the Prothonotary of Cumberland County to file number 2001-5456 in the amount of $1,346.68. 12.. Mortgage in the amount of $32,931.00 given by Kenneth G. Burry, unmarried man, to Mercantile Mortgage dated May 8, 2000 recorded May 22, 2000 in Mortgage Book 1613, Page 527. 13. Riparian rights in Yellow Breeches Creek. 14. Rights granted to Metropolitan Edison Company by instrument recorded in Miscellaneous Record book 97, Page 219. 12. Possible rights as granted by instrument dated July 14, 1950 and recorded July 20, 1950 in Miscellaneous Record Book 93, Page 268 regarding a private road and bridge with unascertainable location. 13. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 14. Real estate taxes accming on and after January 1, 2002 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. Robert G. Frey, Agent ' ~ Note: This Title Report shall not be vast or b)nding until countersigned by an authorized sign"~xn3ff. REAL F-~TATR ~_~.~ No. 59 Writ No. 2001-2004 Civil GE Capital Mortgage Services Inc. VS. Kenneth G. Burry and The Un/ted States of America Atty.: Frank Federman ALL THOSE TWO CERTAIN tracts of land situate In South Mlddleton Township, Cumberland Coullty. Pennsylvania. bounded and de- scribed as follows: TRACT NO. 1 BEGINNING at an iron pIn on the Southern side of the PIne Road, said pIn beIng 24 feet Westwardly from the Eastern boundary of the land now or formerly of Bert L. and Mildred C. Woodward; thence Southwardly by a line parallel with said Eastern boundary and 24 feet distance there- from, South 17 degrees, 42 minutes East, 250 feet to an iron pIn on the line of other land now or formerly of Bert L. and Mildred C. Woodward; thence Westwardiy by a line paral- lel with the Southern side of the Pine Road, 100 feet to an h-on pin on the lIne now or formerly of other la.nd of Bert L. and Mildred C. Woodward; thence by the same, North 17 de- grees, 42 mInutes West 250 feet to an iron pin on the Southern side of the Pine Road: thence by the latter Eastwardly 100 feet to the place of BEGINNING. TRACT NO. 2 BEGINNING at a point on the Northern side of the Pine Road at the Eastern boundary line of the land now or formerly of Bert L. and Mildred C. Woodward, thence North- wardly along said boundary line, 15 feet, more or less, to the Southern bank only of the Yellow Breeches Creek; thence by said Southern bank in a Westwardly direct/on, 70 feet, more or less to a point; thence by a line parallel wlth the line lb-st mentioned above In a Southwardly direction, 16 feet, more or less, to the Northern side of the Pine Road; thence by the latter in an Eastwardly direct/on, 70 feet. more or less. to the place of BEGINNING. Tax Paxcel #40-30-2642-012. TITLE TO SAID PREMISES IS VESTED IN Kenneth G. Burry by Deed from William L. Smith and Jean Marie Smith. his wife dated 7/29/ 93, recorded 7/29/93, in Record Book K-36. Page 1106. GE CAPITAL MORTGAGE SERVICES INC. Plaintiff, KENNETH G. BURRY THE UNITED STATES OF AMERICA Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2001-02004 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GE CAPITAL MORTGAGE SERVICES INC., Plaintiffin the above action, by its a~tomey, FRANK FEDERMAN, 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 401 PINE ROADMOUNT HOLLY SPRING~ PA 17065 Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) KENNETH G. BURRY 401 PINE ROAD MOUNT HOLLY SPRING, PA 17065 Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above Namd and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) US TREASURY DEPARTMENT, PITTSBURGH OFFICE UNEMPLOYMENT COMPENSATION FUND 1000 LIBERTY AVENUE PITTSBURGH, PA 15222-9974 16TM FLOOR, LABOR AND INDUSTRY BUILDING HARRISBURG, PA 17121 JAMES C. CASTOPOULAS 13 SOUTH HANOVER STREET CARLISLE, PA 17013 Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) MERCANTILE MORTGAGE 630 FREEDOM BUSINESS CENTER, SUITE 314 KING OF PRUSSIA, PA 19406 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 so indicate.) None 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 so indicate.) USA, Internal Revenue Service Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney Eastern District of PA Thirteenth Floor Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Suite 1250,615 Chestnut Street Phfladelphia, PA 19106-4476 Attn: Terry Reardon Name ~nd address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare reasonably ascertained, please so indicate.) 401 PINE ROAD MOUNT HOLLY SPRING, PA 17065 13 North Hanover Street Carlisle, PA 17013 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. June 4, 2001 ~~,f~//,~,~,/c,,~ ~ DATE FRANK FgD~ER~IAN, ESQUIRE ) Attorney for Plaintiff GE CAPITAL I~IORTGAGE SERVICES INC. Plaintiff, ¥. KENNETH G. BURRY THE UNITED STATES OF AMERICA Defendant(s). TO: KENNETH G. BURRY 401 PINE ROAD MOUNT HOLLY SPRING, PA 17065 CUMBERLAND COUNTY No. 2001-02004 June 4, 2001 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 401 PINE ROADMOUNT HOLLY SPRING, PA 17065is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 5, 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by GE CAPITAL MORTGAGE SERVICES INC. (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the December 5, 2001 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 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. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You m~ay need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe 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 wilt remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the 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 Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other fights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THOSE TWO CERTAIN tracts of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: TIC, CT NO. 1 BEGINNING at an iron pin on the Southern side of the Pine Road, said pin being 24 feet Westwardly from the Eastern boundary of the land now or formerly of Bert L. and Mildred C. Woodward; thence Southwardly by a line parallel with said Eastern boundary and 24 feet distance therefrom, South 17 degrees, 42 minutes East, 250 feet to an iron pin on the line of other land now or formerly of Bert L. and Mildred C. Woodward; thence Westwardly by a line parallel with the Southern side of the Pine Road, 100 feet to an iron pin on the line now or formerly of other land of Bert L. and Mildred C. Woodward; thence by the same, North 17 degrees, 42 minutes West 250 feet to an iron pin on the Southern side of the Pine Road; thence by the latter Eastwardly 100 feet to the place of BEGINNING. TP~kC'r NO. 2 BEGINNING at a point on the Northern side of the Pine Road at the Eastern boundary line of the land now or formerly of Bert L. and Mildred C. Woodward, thence Northwardly along said boundary line, 15 feet, more or less, to the Southern bank only of the Yellow Breeches Creek; thence by said Southern bank in a Westwardly direction, 70 feet, more or less to a point; thence by a line parallel with the line first mentioned above in a Southwardly direction, 16 feet, more or less, to the Northern side of the Pine road; thence by the latter in an Eastwardly direction, 70 feet, more or less, to the place of BEGINNING. Tax Parcel #40-30-2642-012 TITLE TO SAID PREMISES IS VESTED IN Kenneth G. Burry by Deed from William L. Smith and 3ean Marie Smith, his wife dated 7/29/93, recorded 7/29/93, in Record Book K-36, Page 1106. 'TH PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The p~triot-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 end published in their regular daily and/or Sunday/ Metro editions which appeared on the 24th and 31st day(s) of July and the 7th day(s) of August 2001. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication ara 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 and subsc, rihn~l I~=,~,r ~21st ~'~O;'~'~001A.D.  Ha~ ~. ' ~ ~ms~'=~'~'~ ] N~RY PUBLIC Me.er, Pe~W~a A~ ~ n~ommission expires June 6, 2~2 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 298.80 $ 1.50 $ 300.3O Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly swom, 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 20, 27, AUGUST 3, 2001 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. ~ gSTAT~ ~ Bo. S9 Writ No. 2001-2004 Civil GE Capital Mortgage Services Inc. VS. Kenneth G. Burry and The United States of America Atty.: Frank Federman ALL THOSE ~,VO CERTAIN tracts of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and de~ scribed as follows: TRACT NO. 1 SWORN TO AND SUBSCRIBED before me this 3 day of AUGUST, 2001