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HomeMy WebLinkAbout02-4573GOLDBECK McCAFFERTY & MCKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 500 - THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF GE CAPITAL MORTGAGE SERVICES INC. CIO WELLS FARGO HOME MORTGAGE 6601 Six Forks Road Raleigh, NC 27615 Plaintiff vs. JAMES R. MARTIN Mortgagor(s) and Real Owner(s) 1620 Valley Road Mechanicsburg, PA 17055 Defendant(s) OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term ? No. OA -AVS93 L'ro; F? CIVIL ACTION: MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have boon sued in court. Ifyoo wish to defend against the claims set Fortb in the following pages, you must take action within twenty (20) days after the Complaint and notce are solved, by eme, ng a written app.namc persomdly 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 tail to do so the case may proceed wi0iout you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief reyue,wd by the Plaintiff. 1'ou mxv lose money or property or outer rights important to you. YOU SI IOULD I A K P.'I IS POI'FR TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SF I FOR 111 PUT OW 'Ill I=1ND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 AVISO LI! I IAN DEMANDADO A USIEI) EN IA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUFJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESI'2NDA DEN"1'120 DE 1I DIAS DESPUES DE SCR SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE LISTED, O SU ABOGADO, RLOI SI RI CON A ( OR I E EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RI ('II LRDL SI US I 1 1) NO RI;PONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SIT PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO. DEC IDIR A 10A VOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TOGAS LAS PROVISIONES DE ESTA DEMANDA. FOR RAZON DE ESA DECISION, IS POSSIRLC QI II; US LED I'IJEDA PERDER DINERO, PROPIEDAD U FORDS DERECHOS IMPORTANTES. H,FE F US IA DL'M ANDA A CN AROGADO IMMEDIATEAMENTE. Yl NO ('ONO( L A I N \k00 M)O, LLAME AL "LAWYER REFERENCE SERVICE" (SERV ICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue (Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is GE CAPITAL MORTGAGE SERVICES INC. C/O WELLS FARGO HOME MORTGAGE, 6601 Six Forks Road, Raleigh, NC 27615. 2. The name(s) and address(es) of the Defendant(s) is/are JAMES R. MARTIN, 1620 Valley Road, Mechanicsburg, PA 17055, who is/are the mortgagor(s) and real owner(s) of the mortgaged premises hereinafter described. On February 16, 1995 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to NORWEST MORTGAGE INC., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1252 Page 177. The mortgage has not been assigned unless said assignment to the Plaintiff is hereafter mentioned. The aforementioned mortgage was assigned to: GE CAPITAL MORTGAGE SERVICES INC. C/O WELLS FARGO HOME MORTGAGE by Assignment of Mortgage dated September 18, 1995 as Book 504 Page 136; and these documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payment of principal and interest upon said mortgage due January 01, 2002, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest from 12/01/2001 through 09/30/2002 at 8.6250% Per Diem interest rate at $10.44 Attorney's Fee at 5.0% of Principal Balance Late Charges from 01/0112002 to 09/30/2002 Monthly late charge amount at $19.21 Costs of suit and Title Search Escrow Debit Monthly Escrow amount $86.34 $44,206.81 $3,173.75 $2,210.34 $172.89 $750.00 $50,513.79 +$394.88 $50,908.67 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 Sheriff's Sale. If the Mortgage is reinstated prior to the Sale reasonable Attorney's Fees will be charged based on work actually performed. 8. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant(s) by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A". The Defendant(s) has/have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant(s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure in the sum of $50,908.67, together with interest at the rate of S 10.44, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terns of the mortgage, and for the foreclosure and sale of the mortgaged premises. By: GOLD ECK IcCAFFERTY & MCKEEVER BY: J SEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Karen Reed, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsification to authorities. VERIFICATION I, Karen Reed, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsification to authorities. Date: I- /? -V Z Karen Reed GE Capital Mortgage Services 0B/20/2002 14:06 7177741260 ASAP PAGE 03 THIS DEED, Mnde the. /0/' day of February, 1995, c,3 C, BL-TWCCN J. IRA LAIRD, III and TAMMY JO LAIRD, his if,, parties of the First Part, hereinafter designated as the Gmntors, AND F' - JAMFS R. MARTIN, adult individual, Parties of the Second Put, hereinafmr designated as the Grantees. WITNESSGTII, that the Grantors for and in consideration of PI['I'Y-FOUR TIIOUSAND NINE IIUNDRRD AND XX/100 ($54,900.00), lawful money of the United Slates of America, to the Grantors in hand well and lady paid by the Grantees, at or before the scaling and delivery of these presents, the receipt whereof is hereby acknowledged and the Grantors being therewith fully satisfied, do by these presents grant, bargain, sell and convey unto die Grantees forever. ALL THAT CERTAIN house and lot of ground situate in the Township of Lower Alien, County of Cumberland and Stale of Pennsylvania, bounded and described according to a Plan as surveyed by William B. Sees, Jr., registered surveyor, and dated April 3, 1953 as follows to wit: ItIMINNING at a sLIke on the South side of a public road, now known as Valley Road, at lands now or formerly of Samuel 1. Ritter; thence along said lands of Ritter, South 12 degrees 55 minutes Fast, one hundred eighlecn and three-tenlhs (118.3) feet to a stake', said stake being twelve (12) feet, more or less, from the yellow Breeches Crack; thence along said Crock, South 59 degrees 45 minutes West, fifty and seven-lenlhs (50.7) feet to a stake at Tract No. 1, now or formerly of Mark J. Lehmu and Helen F. Lchmer, his wife; thence along Tract No. 1, now or formerly of Mark 1. lehmcr and 11clen F. Lehmer, his wife, North 10 degrees 55 minutes 60ox 11.6 rmr Big 06/20/2002 14:06 7177741380 ASAP PAGE 04 West, One hundred thirty-four and eight-tenths (134.8) feet to a stake, at the South i aforementioned public road, now known as Valley Road; thence along said read $ Npnl 178 degrees 45 minutes East, forty-five and six-tenths (45.6) feet to a stake, the Place of Aeginning. HAVING tharmn erected a frame bungalow. IIC1NG the same premises conveyed to 1. Ira Laird, III by deed of Samuel L. Tauser dated May 26, 1987 and recorded with the Cumberland County Recorder of Deals Office on May 27, 1987 in Deed Book R-32, Page 560. UNDER AND SUWECT, nevertheless, to all other conditions and restrictions of record, if any, as they may appear. TOGETHER with all and singular the buildings, Improvements, ways, woods, waters, watercourses, rights, liberties, privileges, hcreditaments and appurtenances to the same belonging or in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and prufils thereof, and of every part and parcel thereof; AND ABSO all the estate, right, title, interest, use, possession, property, claim and demand whatsoever of the Grantors Iwth in law and in equity, of, in and to the premises herein described and every part and parcel thereof with the appurtenances. TO HAVE AND TO HOLD all and singular the premises herein described together with the hereditaments and appurtenances unto the Grantees and to the Grantees' proper use and benefit forever. AND the Grantor covenants that, except As may be herein set forth, they do and will forever specially warrant and defend the lands and premises, hereds t fort and appurtenances hereby conveyed, against Ilse Grantors and all other persons lawfully claiming the same or to claim the same or any part thereof, by, from or under it, them or any of them. In all references herein to any panics, persons, entities or corporations, the use of any particular gender or plural or singular number is intended to include the appropriate gender or number as the text of the within Instrument may require. Wherever in this instrument any party shall be designated or referred to by name or general reference, such designation is intended to and shall have the same effect as if the words heirs, executors administrators, personal or legal representatives, successors and assigns' had been inserted after each and every such designation. ub6x 118 FACE 820 1 EXHIBIT A 7160 -:-?9M 9844 Og52 8s ACT 91 NOTICE 0.8 DATE OF NOTICE: August 15, 2002 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an offir;al „nt;- +f- 1- ___ . ienaer intends to foreclose. Specific infom the attached pages The HOMEOWNER'S MORTGAG: able to help to save your home This Notice To see if HE AP can help, YOU COUNSELING AGENCY WITHIN 30 DA Notice with you when you meet with the Col The name address and hone number your County are listed at the end of this No Pennsylvania Housing Finance Agency toll hearing can call (717) 780-1869.) ge on your home is the nature of tliP .4, the be 1st Mt?hl WITH A OF THE DATE OF I at 1 This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact any attorney in your area. The local bar association may be able to help you find a lawyer. La notificacion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes set elegible Para un prestamo per el programa llamado "Homeowner's Emergency Mortgage Assistance Program" e1 cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. Prepared by: GOLDBECK McCAFFERTY & MCKEEVER Suite 500 - The Bourse Bldg. I I I S. Independence Mall East Philadelphia, PA 19106 Fax (215) 627-7734 1 Date: August 15, 2002 Homeowners Name: JAMES R. MARTIN Property Address: 1620 Valley Road, Mechanicsburg, PA 17055 Loan Account No.: 16228017 Original Lender: NORWEST MORTGAGE INC. Current Lender/Servicer: WELLS FARGO HOME MORTGAGE HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY RE9UIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer credit counseling agencies listed at the end of this Notice. UP DATE. it CONSUMER CREDIT COUNSELING AGENCIES - credit If you meet with one of the consumer counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the nrnnerty ,v 2 forth at the end of this Notice It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your fact-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. IN BANKRUPTCY, THE FOI INFORMATION PURPOSES ATTEMPT TO COLLECT TI (If you hai HOW T (Brin¢ it NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 1620 Valley Road, Mechanicsburg, PA 17055 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 3 (a) Monthly payment from 01/01/2002 thru 8/15/2002 (8 mos. at $470.58/month) $3,764.64 (b) Late charges from 01/01/2002 thru 8/15/2002 (8 mos. at $19.21/month) $153.68 (c) Other charges; Escrow, Inspec., NSF Checks (d) Other provisions of the mortgage obligation, if any (e) TOTAL AMOUNT OF (a) (b) and (c) REQUIRED AS OF THIS DATE: $3,918.32 HOW TO CURE, THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE IS$3 TOTAL AMOUNT PAST DUE TO THE LENDER WHICH 2918.32, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashiers check certified check or none order made a able and sent to. WELLS FARGO HOME MORTGAGE C/o GOLDBECK, MCCAFFERTY & MCKEEVER Suite 500, The Bourse Bldg l I I S. Independence Mall East Philadelphia, PA 19106 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender brings legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, ou will not be required to pay attorney's fees OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. iuk-H l 10 CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at anv t;n,A ,__ c ith the Sheriffs Sale as or 4 under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately four (4) to six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: WELLS FARGO HOME MORTGAGE Address: 6601 Six Forks Road Raleigh, NC 27615 Phone Number: 919-870-2270 Fax Number: 253-663-2471 Contact Person: Jennifer McInnes EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after th Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. e e. ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Contact Person: Jennifer McInnes Phone Number: 919-870-2270 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY CCCS OF WESTERN PENNSYLVANIA INC. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 URBAN LEAGUE OF METROPOLITAN HARRISBURG 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 COMMUNITY ACTION COMM OF THE CAPITAL REGION 1514 Deny Street Harrisburg, PA 17104 (717) 232-9757 FAX 234-2227 FINANCIAL COUNSELING SERVICES OF FRANKLIN 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA OF CARLISLE 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 ADAMS COUNTY HOUSING AUTHORITY 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 ?? m =c SHERIFF'S RETURN - NOT FOUND CASE NO: 2002-04573 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GE CAPITAL MORTGAGE SERVICES VS MARTIN JAMES R R. Thomas Kline 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, DEFENDANT MARTIN JAMES R but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT MARTIN JAMES R JAY DUZENSKY STATED HE IS CLEANING OUT THE HOUSE FOR MARTIN AND THAT MARTIN IS NOW LIVING IN ALASKA, ADDRESS UNKNOWN. So answers: Sheriff's Costs: Docketing 18.00 ? Service 9.66 Not Found 5.00 R. Thomas Klin Surcharge 10.00 Sheriff of Cumberland County .00 42.66 GOLDBECK MCCAFFERTY MCKEEVER 10/10/2002 Sworn and subscribed to efore me this _ day of In the Court of Common Pleas of Cumberland County GE CAPITAL MORTGAGE SERVICES INC. C/O WELLS FARGO HOME MORTGAGE 6601 Six Forks Road Raleigh, NC 27615 Plaintiff vs. JAMES R. MARTIN (Mortgagor(s) and Record Owner(s)) 1620 Valley Road Mechanicsburg, PA 17055 Defendant(s) PRAECIPE FOR JUDGMENT No. 02-4573 CIVIL TERM THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against JAMES R. MARTIN by default for want of an Answer. Assess damages as follows: Debt Interest - 12/01/2001 to 09/30/2002 Total (Assessment of Damages attached) $51,641.77 I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipewas mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least?e(? days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 n / ) Joseph A.6 dbc!ck?Jr' Attorney fo lainti I.D.#16132 AND NOW a?x , Judgment is entered in favor of GE CAPITAL MORTGAGE SERVICES INC. C/O WELLS FARGO H ME MORTGAGE and against JAMES R. MARTIN by default for want of an Answer and damages assessed in the sum of $51 1.77 as per the above cer ' t ation. 0 Prothonotary __Z'') GOL'DBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff GE CAPITAL MORTGAGE SERVICES INC. C/O WELLS FARGO HOME MORTGAGE 6601 Six Forks Road Raleigh, NC 27615 Plaintiff vs. JAMES R. MARTIN (Mortgagor(s) and Record owner(s)) 1620 Valley Road Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 02-4573 CIVIL TERM ORDER FOR JUDGMENT Please enter Judgment in favor of GE CAPITAL MORTGAGE SERVICES INC. C/O WELLS FARGO HOME MORTGAGE, and against JAMES R. MARTIN for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum of $51,641.77. Joseph A. Goldbe , Jr Attorney for Plai t' f I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is GE CAPITAL MORTGAGE SERVICES INC. C/O WELLS FARGO HOME MORTGAGE 6601 Six Forks Road Raleigh, NC 27615 and that the name(s) and last known address(es) of the Defendant(s) is/are JAMES R. MARTIN, 1620 Valley Road Mechanicsburg, PA 17055; GOLDBECKC JR1?I & McKEEVER BY: Joseph A old e Jr. Attorney for ntiff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $44,206.81 Interest from 12/01/2001 through $3,695.75 09/30/2002 Attorney's Fee at 5.0000% of principal $2,210.34 balance Late Charges $211.31 Costs of Suit and Title Search $750.00 Escrow Balance Deficit $567.56 ($0.00) $51,641.77 ( - r, - GOLDBECK McCAFFE Y & c EVER BY: Joseph A. Goldbeck, Attorney for Plaintiff AND NOW, this oC/ day of 1000 2002 damages are assessed as above. Pro Prothy ?"" / VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non- Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, JAMES R. MARTIN, is about unknown years of age, that Defendant's last known residence is 1620 Valley Road, Mechanicsburg, PA 17055, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. /--%\ Date: THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: November 7, 2002 TO: JAMES R. MARTIN 1620 Valley Road Mechanicsburg, PA 17055 GE CAPITAL MORTGAGE SERVICES INC. C/O WELLS FARGO HOME MORTGAGE 6601 Six Forks Road Raleigh, NC 27615 Plaintiff Vs. JAMES R. MARTIN (Mortgagor(s) and Record Owner(s)) 1620 Valley Road Mechanicsburg, PA 17055 Defendant(s) TO: JAMES R. MARTIN 1620 Valley Road Mechanicsburg, PA 17055 IMPORTANT NOTICE In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 02-4573 CIVIL TERM 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 (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: L18¢1B?R}_AND COUNTY a ASSOCIATION f`"`???e,>iirAA??f?++JJ??tfffo wC 1013 GOftT C ICCAFFER EVER B seph A. Goldbeck, Jr., Esq. Attomey for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: JAMES R. MARTIN 3301 Eureka Street #6 Anchorage, AK 99503 GE CAPITAL MORTGAGE SERVICES INC. C/O WELLS FARGO HOME MORTGAGE 6601 Six Forks Road Raleigh, NC 27615 Plaintiff VS. JAMES R. MARTIN (Mortgagor(s) and Record Owner(s)) 1620 Valley Road Mechanicsburg, PA 17055 Defendant(s) TO: JAMES R. MARTIN 3301 Eureka Street #6 Anchorage, AK 99503 DATE OF THIS NOTICE: November 7, 2002 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 02-4573 CIVIL TERM 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 (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: &EER}.A 873 OUMBARASSOCIATION GA4?L BRVICINC 4°d7 72 0 GO C tCCAFFER i JKE EVER B seph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 -to_ 1 ? ? w F- Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GE CAPITAL MORTGAGE SERVICES INC. CIO WELLS FARGO HOME MORTGAGE 6601 Six Forks Road Raleigh, NC 27615 Plaintiff vs. No. 024573 CIVIL TERM JAMES R. MARTIN (Mortgagors and Record Owner(s)) 1620 Valley Road Mechanicsburg, PA 17055 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the abovacaptioned matter has been entered against you. CurtLong Prothonotary 10-4- 1 CC? Deputy If you have any questions concerning the above, please contact: Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 500 - The Bourse Bldg. I 1 I S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attomey I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff GE CAPITAL MORTGAGE SERVICES INC. C/O WELLS FARGO HOME MORTGAGE 6601 Six Forks Road Raleigh, NC 27615 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW JAMES R. MARTIN (Mortgagor(s) and Record owner(s)) 1620 Valley Road ACTION OF MORTGAGE FORECLOSURE Mechanicsburg, PA 17055 Defendant(s) No. 02-4573 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 GE CAPITAL MORTGAGE SERVICES INC. C/O WELLS FARGO HOME MORTGAGE, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 1620 Valley Road Mechanicsburg, PA 17055 I.Name and address of Owner(s) or Reputed Owner(s): JAMES R. MARTIN 1620 Valley Road Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: JAMES R. MARTIN 1620 Valley Road Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: FIRST BANK NA AS INDENTURE TRUSTEE & CO-OWNER TRUSTEE UNDER THE SALE & SERVICING AGREEMENT DATED 3/14/97 CITYSCAPE HOME LOAN OWNER TRUST 1997-2 180 East 5th Street St. Paul, MN 55101 5. Name and address of every other person who his any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. (attach separate sheet if more space is needed) I verify that the statements made in thisaffidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: November 19. 2002 GOLDBECKI\c AF & McKEEVER BY: Joseph A. ldbeck, r., Esq. Attorney for Plaintiff 02-4573 CIVIL TERM GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff GE CAPITAL MORTGAGE SERVICES INC. CIO WELLS FARGO HOME MORTGAGE 6601 Six Forks Road Raleigh, NC 27615 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW VS. JAMES R. MARTIN Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 1620 Valley Road Mechanicsburg, PA 17055 Defendant(: Term No. 02-4573 CIVIL TERM THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL, PROPERTY TO: MARTIN, JAMES R. JAMES R. MARTIN 3301 Eureka Street #6 Anchorage, AK 99053 Your house at 1620 Valley Road, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, March 05, 2003, at 10:00 AM, in Commissioners Hearing Rot 2nd FL Courthouse to enforce the court judgment of $51,641.77 obtained by GE CAPITAL, MORTGAGE SERVICES INC. C/O WELLS FARGO HOME MORTGAGE against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to GE CAPITAL MORTGAGE SERVICES INC. C/O WELLS FARGO HOME MORTGAGE, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 02-4573 CIVIL TERM 3. You may also be able to stop the sale through other legal proceedings You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL RE AISLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT 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 price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sherifl; you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the properly until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. Al that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immccliately after the safe. 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 BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC S Irvine Row Carlisle, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-4573 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GE CAPITAL MORTGAGE SERVICES INC. C/O WELLS FARGO HOME MORTGAGE, Plaintiff (s) From JAMES R. MARTIN, 1620 VALLEY ROAD, MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued, ) 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 $51,641.77 L.L. $.50 Interest FROM 12/1/01 TO 9/30/02 AT 8.6250% Any's Comm % Due Prothy $1.00 AttyPaid $119.66 Other Costs Plaintiff Paid Date: NOVEMBER 21, 2002 CURTIS R. LONG `Prothono ry O (Seal) Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: SUITE 500 - THE BOURSE BLDG. 111 S. INDELPENDENCE MALL EAST PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff GE CAPITAL MORTGAGE SERVICES INC. C/O WELLS FARGO HOME MORTGAGE 6601 Six Forks Road IN THE COURT OF COMMON PLEAS Raleigh, NC 27615 Plaintiff of Cumberland County vs. CIVIL ACTION - LAW JAMES R. MARTIN Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 1620 Valley Road Mechanicsburg, PA 17055 Defendant(s) No. 02-4573 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 12/01/2001 to 09/30/2002 at 8.6250% $51,641.77 (Costs to be added) GOLDBECK. BY: Joseph A. Attorney for P Jr. McKEEVER w a 5?z w? F ?O v v O O z? w H 4 a w 3 0 ?w V ?H ?O ?w ?x F ? C) O ?w .a N Q U w c7 z 0 3 o w 7 i C F b o W d °r?a O w yo. N N 0 W ? ti v v ?G7 ?o v ya,o c?i¢M a+ v r O C ? N h a a 0 l` I? V' \ I ? r 9 ? h J 1 I ALL THAT CBItTAIN house and lot of ground situate in the Township of Lower Allcn, County of Cumberland and State of Pennsylvania, bounded and described according to a Plan as surveyed by William E. Sees, Jr., registered surveyor, and dated April 3, I951 as follows to wit: i 13rCINNING at a d=rake on the South side of a public road, now (mown as Valley Road, at lands now or formerly of Samuel 1. Itilter, thence along said lands of Ritler, South 12 degrees 55 minutes East, one hundred eighteen and three-tenths (118.3) feet to a stake, said stake being twelve (I2) feet, more or less, from the Yellow Breeches Creek; thence along said Creek, South 59 degree=s 45 minutes West, fifty and seven-len(hs (50.7) feet to a stake at Tract No. I, now or formerly of Mark J. Lehmer and Helen F. Lchmer, his wife; thence along Tract No. 1, now or formerly of Mark J. Lehmer and Helen F. L.ohmer. his wife. North 10 degrees 55 minutes West, one hundred thirty-four and eight-tenths (134.8) feet to a stake, at (hc South side of (be aforementioned public road, now known as Valley Road; thence along said road, North 78 degrees 45 minutes East, forty-five and six-tenths (45.6) feet to a stake, the Place of Beginning. IIAVING thereon erected a frame bungalow. UNDER AND SUBJECT, nevertheless, to all other conditions and restrictions of record, if any, as they may appear. TAX PARCEL # 13-26-0251-018 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff GE CAPITAL MORTGAGE SERVICES INC. C/O WELLS FARGO HOME MORTGAGE 6601 Six Forks Road Raleigh, NC 27615 Plaintiff vs. JAMES R. MARTIN Mortgagor and Record Owner 1620 Valley Road Mechanicsburg, PA 17055 Defendant IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 024573 CIVIL TERM CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: ( ) Personal Service by the Sheriffs Office/competent adult (copy of return attached). (?() Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, BY/Joseph A./Goldbeck, Jr- A 1 6rney for Plaintiff 7160 3901 9844 1074 8787 TO: MARTIN, JAMES R. JAMES R. MARTIN 1620 Valley Road Mechanicsburg, PA 17055 SENDER: GOLDBECK MCCAFFERTY & MCKEEVER November 19, 2002 REFERENCE: MARTIN, JAMES R.10-1452 03/05/03 - Cumberland RETURN roscage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees "`• " `' US Postal Service Pr'#tMARK OR DATE' Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mail AFFIX POSTAGE TO MAIL PIECE TO COVER FIRST CLASS POSTAGE, CERTIFIED FEE, RETURN RECEIPT FEE AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. 1. Detach the form 3811. Domestic return receipt by tear- ing left to right across pert. Attach to' mailpiece by peeling back the adhesive strips and affixing to front of mailpiece if space permits. Otherwise affix to back of mailpiece. 2. If you do not want the receipt postmarked, stick the article # label to the right of the return address. date receipt and retain the receipt. 3. If you want this receipt postmarked, slip the 3800 receipt between the return receipt, and the mailpiece, and slide the edge of the receipt to the gummed edge of adhesive This will hold the receipt in place to present to your mailcenter or post office service window (SEE ILLUSTRATION) (Fo- 3MM I P 982 111 191 X...I.I..I..XI.?....IIIL.J _rL -`------ film / 123 0-- 123 MXNr 9bX.X. X126{ II..I.I..I..X...... JIII...I na.ia o. .- Legal Segment Marketing Men. gar W., Postal Sol utiona, Inc. 1588 S-th Mleaion Rd. Suite 110 F. llb-k, CA 92028-9112 4. Enter fees for the services requested in the appropriate spaces on the front of this receipt 5. Save this receipt and present it if you make an inquiry 7160 3901 9844 1074 8794 `TO: MARTIN, JAMES R. JAMES R. MARTIN 3301 Eureka Street #6 Anchorage, AK 99503 SENDER: GOLDBECK MCCAFFERTY & MCKEEVER November 19, 2002 REFERENCE: MARTIN, JAMES R. / 0-1452 03/05/03 - Cumberland RETURN ,oswgg RECEIPT Certified Fee SERVICE Return Receipt Fee - Restricted Delivery Total Postage & Fees US Postal Service PO0-fAARK OR DATt , Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mail AFFIX POSTAGE TO MAIL PIECE TO COVER FIRST CLASS POSTAGE, CERTIFIED FEE, RETURN RECEIPT FEE AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. 1. Detach the form 3811. Domestic return receipt by tear- ing left to right across pert. Attach to, mailpiece by peeling back the adhesive strips and affixing to front of mailpiece if space permits. Otherwise affix to back of mailpiece 2. If you do not want the receipt postmarked. stick the article # label to the right of the return address. date receipt and retain the receipt. 3. If you want this receipt postmarked, slip the 3800 receipt between the return receipt, and the mailpiece, and slide the edge of the receipt to the gummed edge of adhesive This will hold the receipt in place to present to your mailcenter. or post office service window (SEE ILLUSTRATION) (Forte 3800) > ,•i ..+ 2u a 11....4i..I..111.,....IIY..A 11-1. cA szsae z? iz Your Flltn o =O= 123 Sft &t1231, 9,264 ?. 12316 ?IIYI?I R...1.4.1..114....IIY..A D-id o. oo. Legal Segment Marketing Men. gar W alx Postal Solutions, Inc. .d South Mi.sion Rd. S.il. 110 Fallbrook. CA 9202.-4112 4. Enter fees for the services requested in the appropriate spaces on the front of this receipt 5 Save this receipt and present it if you make an inquiry d d y ? c d o ? Q m Q Q } IZ? ? O • rm I • C aEi 3 o 5 ?\C? Ea \ cli CL d °m v ` N -Y n m 10 FD 0 \ N } Q U ? ? N Q U N N O U S - J < i,)? y R• V o u o U o S W k ?. v p LL F W _ 4' y G1 tGp O u N En C _ D rn ¢ d 6"? U :E E . 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'mo - p., d g 0 oox. ?m N w _- U l C p O o w n Q? ? ` ? °doog? N --0 m =i7 O J m N 4, A^ ?-V Y• '%k T U y m m ID°3= n N O O s D o Q mJ??oH3 00 N C a ® A C w ? o N -/ m m CA a"°yx° ^r' N ro N? d< O ? 4 j T? ? • ? NN _ X w 0 N d m 0 C N_ Q y m n, o ° '?' m ° N 0 m s ? n m n- n 3 C b __ N ^ m m?m'Z Jn Q Q ? ` _? _.. w - - --- v ° = m v - - - 'p 0% .a 3 ° m o °i 1 r mF v Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff GE CAPITAL MORTGAGE SERVICES INC. C/O WELLS FARGO HOME MORTGAGE 6601 Six Forks Road Raleigh, NC 27615 vs. JAMES R. MARTIN Mortgagor and Record Owner Plaintiff 1620 Valley Road Mechanicsburg, PA 17055 Defendant IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 02-4573 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 GE CAPITAL MORTGAGE SERVICES INC. C/O WELLS FARGO HOME MORTGAGE, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 1620 Valley Road Mechanicsburg, PA 17055 1.Name and address of Owner or Reputed Owner: JAMES R. MARTIN 1620 Valley Road Mechanicsburg, PA 17055 2. Name and address of Defendant in the judgment: JAMES R. MARTIN 1620 Valley Road Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: FIRST BANK NA AS INDENTURE TRUSTEE & CO-OWNER TRUSTEE UNDER THE SALE & SERVICING AGREEMENT DATED 3/14/97 CITYSCAPE HOME LOAN OWNER TRUST 1997-2 180 East 5th Street St. Paul, MN 55101 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. DATED: February 19, 2003 GOWj BECK cCAFFERTY & M c K E E V E R Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff ` -C, t ", r n [ i . cx7 r = X72' F: N =c? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I 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 GE Capital Mtg Serv Inc is the grantee the same having been sold to said grantee on the 5th day of March A.D., 2003, under and by virtue of a writ Execution issued on the 21 st day of Nov, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 4573, at the suit of GE Capital Mtg Serv Inc against James R Martin is duly recorded in Sheriff's Deed Book No. 256, Page 4267. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 12 A.D. 2003 day of of Deeds Road d Drd?, dwnb?Ard A &bconrleft.w?1Mr t=0d"4210 GE Capital Mortgage Services, Inc. c/o Wells Fargo Home Mortgage VS James R. Martin In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-4573 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: James R. Martin, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description as NOT FOUND as to the defendant, James R. Martin. House at 1620 Valley Rd., Mechanicsburg, Pennsylvania is vacant. The Post Office does not have a forwarding address for the defendant. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January 6, 2003 at 6:43 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 James R. Martin located at 1620 Valley Road, Mechanicsburg, Pennsylvania, according to law. 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 March 5, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Joseph Goldbeck for GE Capital Mortgage Services, Inc. c/o Wells Fargo Home Mortgage. It being the highest bid and best price received for the same, GE Capital Mortgage Services, Inc. c/o Wells Fargo Home Mortgage of 6601 Six Forks Rd., Raleigh, NC 27615, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $745.70, it being costs. Sheriffs Costs: Docketing $30.00 Poundage 14.62 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 19.32 Certified Mail 3.60 Levy 15.00 Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff s Deed 20.00 256.10 225.85 25.21 25.00 39.50 $ 745.70 paid by attorney 4/29/03 Sworn and subscribed to before me So Answers- This / 9 day of R. Thomas Kline, Sheriff 2003, A.D. Q,, 1 , Prothonotary BY JO Real Esta Deputy 3 D `?ro Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff GE CAPITAL MORTGAGE SERVICES INC. CIO WELLS FARGO HOME MORTGAGE 6601 Six Forks Road Raleigh, NC 27615 Plaintiff vs. JAMES R. MARTIN (Mortgagor(s) and Record Owner(s)) 1620 Valley Road Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 02-4573 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 GE CAPITAL MORTGAGE SERVICES INC. C/O WELLS FARGO HOME MORTGAGE, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 1620 Valley Road Mechanicsburg, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s): JAMES R. MARTIN 1620 Valley Road Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: JAMES R. MARTIN 1620 Valley Road Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: FIRST BANK NA AS INDENTURE TRUSTEE & CO-OWNER TRUSTEE UNDER THE SALE & SERVICING AGREEMENT DATED 3/14/97 CITYSCAPE HOME LOAN OWNER TRUST 1997-2 180 East 5th Street St. Paul, MN 55101 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: November 19, 2002 GOLDBECK c AF >j Y & McKEEVER BY: Joseph A. ldbeck, r., Esq. Attorney for Plaintiff 02-4573 CIVIL TERM GOLDBECK McCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff GE CAPITAL MORTGAGE SERVICES INC. C/O WELLS FARGO HOME MORTGAGE 6601 Six Forks Road Raleigh, NC 27615 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff Vs. CIVIL ACTION - LAW JAMES R. MARTIN Mortgagor(s) and Record Owner(s) 1620 Valley Road Mechanicsburg, PA 17055 Defendants; ACTION OF MORTGAGE FORECLOSURE Term No. 02-4573 CIVIL TERM THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MARTIN, JAMES R. JAMES R. MARTIN 1620 Valley Road Mechanicsburg, PA 17055 Your house at 1620 Valley Road, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, March 05, 2003, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $51,641.77 obtained by GE CAPITAL MORTGAGE SERVICES INC. C/O WELLS FARGO HOME MORTGAGE against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to GE CAPITAL MORTGAGE SERVICES INC. C/O WELLS FARGO HOME MORTGAGE, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 02-4573 CIVIL TERM 3. You may also be able to stop the sale through other legal proceedings You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full 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 thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS 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 BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 ALL'111AT CERTAIN house and lot of ground situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, bounded Ind describer) according to a Plan as surveyed by William G. Sees, Jr., registered surveyor, and dated April 3, 1953 as follows to wit. I BEGINNING at a s41ke on the South side of a public road, now known as Valley Road, at lands now or formerly of Samuel 1. ]titter; thence along said lands of Ritter, South 12 degrees 55 minute-s East, one hundred eighteen and three tenths (118.3) feet to a stake', said sbike being twelve (12) feet, more or less, from the Yellow Breeches Creek; thence along said Creek, South 59 clegrees 45 minutes West, 511y and seven-lenths (50.7) feet to a stake at Tract No. 1, now or formerly of Mark J. lLehmer and Helen F. Wimer, his wife; thence along Tract No. 1, now or formeriv of Mark J. i-A*-hmer and Helen F, Lchmer. his wife, North 10 degrees 55 minutes West, one hundred thirty-four and eight-tenths (134.8) feet to a stake, at the South side of the aforementioned public road, now, known as Valley Road; thence along said road, North 78 degrees 45 minutes Cast, forty-five and six-tenths (45.6) feet (o a stake, the Place of Beginning_ 11AVfNG thereon erected a frame buncalow. UNDER AND SUTIJr, CT, nevertheless, to all other conditions and restrictions of record, if any, as they may appear. TAX PARCEL # 13-26-0251-018 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-4573 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GE CAPITAL MORTGAGE SERVICES INC. C/O WELLS FARGO HOME MORTGAGE, Plaintiff (s) From JAMES R. MARTIN, 1620 VALLEY ROAD, MECHANICSBURG, PA 17055 (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 $51,641.77 Interest FROM 12/1/01 TO 9/30/02 AT 8.6250% L.L. $.50 Atty's Comm % Atty Paid $119.66 Plaintiff Paid Due Prothy $1.00 Other Costs Date: NOVEMBER 21, 2002 (Seal) CURTIS R. LONG zna-?7tREQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: SUITE 500 - THE BOURSE BLDG. 111 S. INDELPENDENCE MALL EAST PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Real Estate Sale # 29 On December 5, 2002 the sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA known and numbered as 1620 Valley Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 5, 2002 By: 1 (;64 rVLdJII Real Estate Deputy 0 C;m 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 Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 28th day(s) of January and the 4th and 11th day(s) of February 2003. 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 a hi_ 4th da f F u 2003 A.D. SALE #29 REAL ESTATE SALE No. 29 Writ. No. 2002-4573 Civil Term GE Capital Mortgage Services, Inc., c/o Wells Fargo Home Mortgage vs James R. Martin Atty: Joseph Goldbeck DESCRIPTION ALL THAT CERTAIN house and lot of ground situate in the To%nship of Lower Allen, County of Cumberland and State of Pennsylvania, bounded and described according to a Plan as surveyed by William E. Sees, Jr., registered surveyor, and dated April 3, 1953 as follows to wit: BEGINNING at a stake on the South side of a public road, now known as Valley Road, at lands now or formerly of Samuel I. Ritter; thence along said lands of Ritter; South 12 degrees 55 minutes East, one hundred eighteen and three-tenths (118.3) feet to a stake, said stake being twelve (12) feet, more or less, from the Yellow Breeches Notarial Seal Terry L. Russell, Notary Public City Of Harrisburg, Dauphin County My Commission Expires June 6,2006 NO ARY PUBLIC Member, Pennsylvania Association Of Notaries My commission expires June 6, 2006 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 Total Notary Fee(s) Publisher's Receipt for Advertising Cost $ 224.10 $ 1.75 $ 225.85 The Patriot News Co., publisher of The Patriot-News and The Sunday Patriol-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. Creek; thence along said Creek, South 59 degrees 45 minutes West, fifty and seven-tenths (50.7) feet to a stake at Tract No. 1, now or formerly of Mark J. Lehmer and Helen F. Lehmer, his wife; thence along Tract No. 1, now or formerly of By""""""""""""""""""' Mark J. Lehmer and Helen F. Lehmer, his wife, North 10 degrees 55 minutes West, one hundred thirty-four and eight-tenths (134.8) feet to a stake, at the South side of the aforementioned public road, now knowt, as Valley Road; thence along said road, North 78 degrees 45 minutes east, forty-five and six-tenths (45.6) feet to a stake, the Place of BEGINNING, HAVING thereon erected a frame bungalow. UNDER AND SUBJECT, nevertheless, to all other conditions and restrictions of record, if any, as they may appear. TAX PARCEL #13-26-0251-018. 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. 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: JANUARY 31, FEBRUARY 7, 14, 2003 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. REAL ESTATE SALE NO. 29 Writ No. 2002-4573 Civil GE Capital Mortgage Services Inc., c/o Wells Fargo Home Mortgage VS. James R. Martin Atty.: Joseph Goldbeck ALL THAT CERTAIN house and lot of ground situate in the Township of Lower Allen, County of Cumber- land and State of Pennsylvania, bounded and described according to a Plan as surveyed by William E. Sees, Jr., registered surveyor, and dated April 3, 1953 as follows to wit: BEGINNING at stake on the South side of a public road, now known as Valley Road, at lands now or formerly of Samuel I. Ritter: thence isa Marie Coyne, Editor v SWORN TO AND SUBSCRIBED before me this 14 day of FEBRUARY, 2003 Notary ca i- k' Any ,a; 4 1 ,,P7;as c?zrch 5, ,??05 along said lands of Ritter, South 12 degrees 55 minutes East, one hun- dred eighteen and three-tenths (118.3) feet to a stake, said stake being twelve (12) feet, more or less, ech from the Yellow dBCreek.eS uthe5 thence along o a stye degrees 45 minutes West, seven-tenths (50.7) at Tract No. 1, now or formerly of Mark J. Lehmer and Helen F. Leh- iner, his wife., thence along Tract No. 1, now or formerly of Mark J. Leh mer and Helen F. Lehmer, his wife, North 10 degrees 55 minutes West, one hundred thirty-four and eight- tenths (134.8) feet to a stake, at the South side of the aforementioned public road, now kno road. North Road; thence along said 78 degrees 45 minutes Fast' to as five and six-tenths (4516) feet stake, the Place of Beg' HAVING thereon erected a frame bungalow. UNDER AND SUBJECT, never- theless, to all other conditions the y restrictions of record, if any, may appear. TAX PARCEL 413-26-0251-018.