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HomeMy WebLinkAbout02-4999FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-1000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044 V. Plaintiff SHERIAN L. HOCKENBRAUGH REUBEN H. HOCKENBRAUGH 307 NORTH ENOLA DRIVE ENOLA, PA 17025 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Oa --M? CUMBERLAND COUNTY (2IVI(SCn **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 FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 306047125 RXP IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY IS (30) DAYS INTr HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044 2. The name(s) and last known address(es) of the Defendant(s) are: SHERIAN L. HOCKENBRAUGH REUBEN H. HOCKENBRAUGH 307 NORTH ENOLA DRIVE ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 4/3/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ACCUBANC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1444, Page 311. By Assignment of Mortgage recorded 1/22/99 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 601, Page 56. 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 5/1/02 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 $65,093.89 Interest 2,461.92 4/1/02 through 10/1/02 (Per Diem $13.38) Attorney's Fees 1,250.00 Cumulative Late Charges 152.81 4/3/98 to 10/1/02 Cost of Suit and Title Search S5000 Subtotal $69,508.62 Escrow Credit 0.00 Deficit 690 2 1 Subtotal %690.21 TOTAL $70,198.83 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $70,198.83, together with interest from 10/1/02 at the rate of $13.38 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. FjREft"IL MAN AND PHEIJAI? 1 ?J?/ dr By. FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALT. THAT CERTAIN tract or parcel of ground with the improvements thereon erected, situate in the Township of East Pennsboro, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made February 19, 1971, prepared by Gerrit J. Betz. Registered Surveyor, as follows, to wit: BEGINNING at a point on the westerly line of North Enola Drive, which point is one hundred eighty-eight and six hundredths (188.06) feet southwardly of the southwesterly corner of North Enolu Drive and Shady Lane; thence along the westerly line of North Enola Drive, South ten (10) degrees thirty (30) minutes East twenty-five (25) feet to a point; thence through die center of a party wall and beyond. South seventy-nine (79) degrees forty (40) minutes West one hundred sixty five and scventy-six hundredths (165.76) fact to a point on the easterly line of property now or late of Marlin H. Foster, Sr.; thence along same North fourteen (14) degrees fifty-four (54) minutes West twenty-five and eight hundreduis (25.08) feet to an iron pin; thence North seventy-nine (79) degrees forty (40) minutes Last one hundred sixty-seven and scventy-four hundredths , (167.74) feet to a point. the place of BEGINNING. PREMISES BEING ON: 307 NORTH ENOLA DRIVE VERIFICATION KRISTINE WILSON hereby states that she is FORECLOSURE SPECIALIST of GMAC MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of IS Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. 1 DATE: C/ / y-/0 ?-- , (tr,-7, FEDERMAN AND PHELAN, LLP BY: Francis S. Hallman, Esquire Identification No. 62695 Attorney For Plaintiff One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 (215) 563-7000 GMAC MORTGAGE CORPORATION COURJ7 OF COMMON PLEAS CIVIL DIVISION V. SHERIAN L. HOCKENBRAUGH REUBEN H. HOCKENBRAUGH CUMBERLAND COUNTY NO. 02-4999 SUGGESTION OF DEATH RE: DEFENDANT REUBEN H. HOCKENBRAUGH AND RELEASE OF DEFENDANT'S LIABILITY COMMONWEALTH OF PENNSYLVANIA: FRANCIS S. HALLINAN, ESQUIRE, attorney for the Plaintiff, hereby certifies that, to the best of his knowledge, information and belief, the Defendant, REUBEN H. HOCKENBRAUGH is deceased -- date of death on or about 1/9/00. Plaintiff hereby releases REUBEN H. HOCKENBRAUGH from liability for the debt secured by the mortgage. As the, property was owned by defendants, SHERIAN L. HOCKENBRAUGH AND REUBEN H. HOCKENBRAUGH as tenants by the entireties, upon the death of REUBEN H. HOCKENBRAUGH, SHERIAN L. HOCKENBRAUGH became sole owner of the mortgaged premises as surviving tenant by the entirety. FEDERMAN AND PHELAN f ? By: ancis S. Ha an, Esquire Attorney for Plaintiff Dated: ra <:. ? - :27 -71 1 FEDERMAN AND PHELAN, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Plaza Attorney For Plaintiff Suite 1400 Philadelphia, PA 19103 (215) 563-7000 GMAC MORTGAGE CORPORATION COURC OF COMMON PLEAS CIVIL ]DIVISION V. CUMBERLAND COUNTY SHERIAN L. HOCKENBRAUGH REUBEN H. HOCKENBRAUGH NO. 02-4999 CERTIFICATE OF SERVICE; I hereby certify that a true and correct copy of Suggestion of Death Re: REUBEN H. HOCKENBRAUGH was sent via first class mail to the following on the date listed below: SHERIAN L. HOCKENBRAUGH 307 NORTH ENOLA DRIVE ENOLA, PA 17025 Dated: 0 S I- ands S. Hallin n, I.squire Attorney for Plaintiff r SHERIFF'S RETURN - NOT FOUND CASE NO: 2002-04999 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS HOCKENBRAUGH SHERIAN L ET AL 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 HOCKENBRAUGH REUBEN H unable to locate Him_ in his bailiwick but was He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , HOCKENBRAUGH REUBEN H REUBEN HOCKENBRAUGH DIED 2 YEARS AGO. Sheriff's Costs: So answer Docketing 6.00 Service .00 Not Found 5.00 R. T omas Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00 FEDERMAN & PHELAN 10/24/2002 Sworn and subscribed to before me this G ? day of 7 t-tle , c2d0 .,L A. D. (a>to 4 P o onotary SHERIFF'S RETURN - REGULAR CASE NO: 2002-04999 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS HOCKENBRAUGH SHERIAN L ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HOCKENBRAUGH SHERIAN L the DEFENDANT at 2041:00 HOURS, on the 22nd day of October 2002 at 307 NORTH ENOLA DRIVE ENOLA, PA 17025 by handing to SHERIAN L HOCKENBRAUGH a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this 4 day of ??h l? a ia7 A.D. C-L rothonotary So Answers: R. Thomas Kline FEDERMAN By: 10/24/20i;94 iff FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION V. SHERIAN L. HOCKENBRAUGH REUBEN H. HOCKENBRAUGH (DECEASED) Defendant(s). NO. 02-4999 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against SHERIAN L. HOCKENBRAUGH, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 10/2/02 to 12/3/02 TOTAL $70,198.83 $842.94 $71,041.77 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. RANK F ERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS DATE: J 2Q5 "? INDICATED. PRO PROTHY FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION Plaintiff vs. SHERIAN L. HOCKENBRAUGH REUBEN H. HOCKENBRAUGH Defendant(s) TO: SHERIAN L. HOCKENBRAUGH 307 NORTH ENOLA DRIVE ENOLA, PA 17025 Attorney for Plaintiff COURT OF COMMON PLEAS : CIVIL DIVISION FIL Mr2-4999 COUNTY }4 DATE OF NOTICE: NOVEMBER 20, 2002 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 v / V I ? v7 !9li Y ! !/ ?/?1l f An i?? n/1 Frank Federman, Esquire Attorney for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2002-04999 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS HOCKENBRAUGH SHERIAN L ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LT(10VV1,TVDATT('_W QWPPT?hT T. the DEFENDANT , at 2041:00 HOURS, on the 22nd day of October , 2002 at 307 NORTH ENOLA DRIVE ENOLA, PA 17025 by handing to SHERIAN L HOCKENBRAUGH a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 s 10.35 , A -:. r r.. r+Ny .00 10.00 R. Thomas Kline 10/24/2002 FEDERMAN Sworn and Subscribed to before By: me_ this day of A. D. rothonotary SHERIFF'S RETURN - NOT FOUND CASE NO: 2002-04999 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS HOCKENBRAUGH SHERIAN L ET AL 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 HOCKENBRAUGH REUBEN H but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT MORT FORE , NOT FOUND as to the within named DEFENDANT HOCKENBRAUGH REUBEN H REUBEN HOCKENBRAUGH DIED 2 YEARS AGO. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 So answer ! -? R. T omas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 10/24/2002 Sworn and subscribed to before me this day of -A". D. Prothonotary. FL i.i ?L FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 Plaintiff, V. SHERIAN L. HOCKENBRAUGH REUBEN H. HOCKENBRAUGH (DECEASED) Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 024999 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant SHERIAN L. HOCKENBRAUGH is over 18 years of age and resides at, 307 NORTH ENOLA DRIVE, ENOLA, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK F ERMAN, ESQUIRE Attorney for Plaintiff . f?,; '_i ? ?y ? _ t G" y ? `?? L? ::? PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC MORTGAGE CORPORATION Plaintiff, V. No. 02-4999 SHERIAN L. HOCKENBRAUGH REUBEN H. HOCKENBRAUGH (DECEASED) Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $71,041.77 Interest from 12/4/02 to 6/11/03 $2,219.20 and Costs (per diem -$11.68) TOTAL $73,260.97 RANK FE ERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property-No. w A w z a FO ?U >4 p U O ti ° ° U H U U? H o xa Oa w ? W U xz Y' N 3 5 Lu 1 Izi ry) J M M w .y a 0 w w V Y tn N O .ti a r? O W A W a 0 0 M d b a? V 1 rJ V ALL THAT CERTAIN tract or parcel of ground with the improvements thereon erected, situate in the Township of East Pennsboro, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made February 19, 1971, prepared by Gerrit J. Betz, Registered Surveyor, as follows, to wit: BEGINNING at a point on the westerly line of North Enola Drive, which point is one hundred eighty-eight and six hundredths (188.06) feat southwardly of the southwesterly corner of North Enola Drive and Shady Lane; thence along the westerly line of North L-ncla Drive, South ten (IO) degrees thirty (30) minutes East twenty-five (25) fcct to a point; thence through the center of a parry wall and beyond. South sevcnLy-nine (79) degrees forty (40) minutes West one hundred sixty five and seventy-six hundredths (165.76) feet to a point on the easterly line of property now or late of Marlin 13. Foster, Sr.; thence along same North fourtccn (14) degrees fitly-four (54) minutes West Lwenty-five and eight hundredths (25.08) feet to an iron pin; thence North seventy-nine (79) degrees forty (40) minutes Last one hundred sixty-seven and seventy-four hundredths , (167.74) feet to a point, the place of BEGINNING. PREMISES BEING ON: 307 NORTH ENOLA DRIVE BEING the same premises that Genesis Capital Group, Inc, by it's deed dated April 3, 1998 and recorded in the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania on April 3, 1998 in Deed Book Volume 174, Page 1087, granted and conveyed unto Reuben H. Hockenbraugh and Sherian L. Hockenbraugh, Grantor herein. FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION Plaintiff, V. ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION SHERIAN L. HOCKENBRAUGH REUBEN H. HOCKENBRAUGH (DECEASED) NO. 02-4999 Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (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 unworn falsification to authorities. na An RANK FE ERMAN, ESQUIRE ttomey for Plaintiff C7 c., c r,;+ K r? r.r, --? cam:. !"' C <_. =C ?. ?,,? ?-i:; 1 C:J GMAC MORTGAGE CORPORATION V. Plaintiff, SHERIAN L. HOCKENBRAUGH REUBEN H. HOCKENBRAUGH (DECEASED) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-4999 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GMAC MORTGAGE CORPORATION, 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 ,307 NORTH ENOLA DRIVE, ENOLA, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name SHERIAN L. HOCKENBRAUGH Last Known Address (if address cannot be reasonably ascertained, please indicate) 307 NORTH ENOLA DRIVE ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff 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 indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 307 NORTH ENOLA DRIVE ENOLA, PA 17025 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 unswom falsification to authorities. November 25, 2002 DATE FRANK FE ERMAN, ESQUIRE Attorney fo Plaintiff CJ c'- `4 ?,? t; i ?t ?' , c,'? c.? r'_' ,_ - ? = ^., - , : <'_:- i - '? -? ? 1 ? i s GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, V. No. 02-4999 SHERIAN L. HOCKENBRAUGH REUBEN H. HOCKENBRAUGH (DECEASED) Defendant(s). November 25, 2002 TO: SHERIAN L. HOCKENBRAUGH 307 NORTH ENOLA DRIVE ENOLA, PA 17025 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAYE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF A LIENAGAINST PROPERTY. * * Your house (real estate) at 307 NORTH ENOLA DRIVE, ENOLA, PA 17025, is scheduled to be sold at the Sheriffs Sale on JUNE 11, 2003 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 71$ ,041.77 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 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. 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 Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. 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 (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 } ALL THAT CERTAIN tract or parcel of ground with the improvements thereon erected, situate in the Township of East Pennsboro, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof trade February 19. 1971, prepared by Gerrit I. Betz, Registered Surveyor, as follows, to wit: BEGINNING at a point on the westerly line of North Encla Drive, which point is one hundred eighty-eight and six hundredths (188.06) feet southwardly of the southwesterly corner of North Enola Drive and Shady Lane; thence along the westerly line of North Lnola Drive, South ten (10) degrees thirty (30) minutes East twenty-five (25) feet to a poistr, thence through the center of a parry wall and beyond, South sevcnLy-nine (79) degrees forty (40) minutes West. one hundred sixty five and seventy-six hundredths (165.76) fact to a point on the easterly line of property now or late of Marlin H. Foster, Sr.; thence: along same North fourteen (14) degrees filty-tour (54) minutes West twenty-flae and eight hundredths (25.08) feet to an iron pin; thence North seventy-nine (79) degrees forty (40) minutes fast one hundred sixty-seven and seventy-four hundredths • (167.74) feet to a point. the place of BEGINNING. PREMISES BEING ON: 307 NORTH ENOLA DRIVE BEING the same premises that Genesis Capital Group, Inc, by it's deed dated April 3, 1998 and recorded in the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania on April 3, 1998 in Deed Book Volume 174, Page 1087, granted and conveyed unto Reuben H. Hockenbraugh and Sherian L. Hockenbraugh, Grantor herein. c : C-0 r WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-4999 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION, Plaintiff (s) From SHERIAN L. HOCKENBRAUGH, REUBEN H. HOCKENBRAUGH (DECEASED), 307 NORTH ENOLA DRIVE, ENOLA, PA 17025 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the 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 $71,041.77 L.L. $.50 Interest FROM 12/4/02 TO 6/11/03 (PER DIEM - $11.68) $2,219.20 AND COSTS Atty's Comm % Due Prothy $1.00 Arty Paid $136.35 Other Costs Plaintiff Paid Date: DECEMBER 3, 2002 CURTIS R. LONG Prothonot??}? (Seal) P . / / 2z? Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 AFFIDAVIT OF SERVICE PLAINTIFF GMAC MORTGAGE CORPORATION DEFENDANT(S) SHERIAN L. HOCKENBRAUGH REUBEN H. HOCKENBRAUGH (DECEASED) SERVE SHERIAN L. HOCKENBRAUGH AT 307 NORTH ENOLA DRIVE ENOLA, PA 17025 CUMBERLAND COUNTY KMD No. 02-4999 ACCT. #306047125 Type of Action - Notice of Sheriffs Sale Sale Date: JUNE 11, 2003 SERVED ??_ Served and made known to Lkyj Ye eI' ndant, on the day of ` J3A ttr'lt 200 , at?L, o'cloc)T) .m., at 9--;--I KCo(ku ? 1 d 9CZ, FA-C)' 21,, Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is s L Aa,1 _ 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: i? Descript on?' Age Height (0 3 Weight Race 0- Sex Other I, U ?6, competent adult, being duly sworn according to law, depose and state that I personally handed a true an correct copy of the No 'ce of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Notarial Seal - Sworn to and subs ribed Lkx%J. Jumper, Notary p. j, befor me this 13 M- day (fie Born, Cumberland unty of , 2003. * Ewes J %Y Notary: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the _ day of 200, at o'clock _.m, Defendant NOT FOUND because: -__ Moved Unknown No Answer Vacant 1st Attempt: r ?J a Time: k 1. :0c--? lhA 2nd Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of , 200 Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 ?? :? ?-?. -L, ?-- - s_-n [_- - ?__ _.?? cf} - < ;., r ' _ :_. j? .. C xJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: GMAC MORTGAGE CORPORATION ) CIVIL ACTION vs. SHERIAN L. HOCKENBRAUGH ) CIVIL DIVISION REUBEN H. HOCKENBRAUGH (DECEASED) ) NO. 02-4999 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, FRANK FEDERMAN, ESQUIRE attorney for GMAC MORTGAGE CORPORATION hereby verify that on 12/3/03 & 4/22/03 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. G DATE: May 8.2003 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff i g ? ^" A CL o w ???-; a .p 0 cst o ..-. tib a C h zQo i I I 1 1 0 O a a a c ? f~ ? w ? N X > a r- a x z w o N o a a w a A '7a- A O w z o ? O z O C4j v s O cn o F U a H ? z ° O ¢ c4 a 9 ? o Z A ° z H m E z m r a £6 L6 t 3400dIZ VVOaJ C1311t11N ZOO' 17L Oii i,i!v VC C o0z l0 $ t Y V` y`O .-1 I? I N I M I? I? I? I? V •C Z.' °u o g• r ? V lam. y4? 6 Vy {?mj CO ? C K i° ?s 8 Tip e A a-r g =? o ° `o g a os VQ V a" 0 4 4C) 4 W W a? 4a v 00 ?9 a w z .= V ? Fa b O ? 13 .1 00 O? Cl N .M. ? Z o .u F G. 0 0 v W F r? v e? Q 00 ?Wa ?1wx ?Ua ?zw w?q w W a rwOa II d Z 0 Ca 0 - C i?: w -, 7Z . _ _; cf? t - e-A40 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA IN RE: RANDALL A BOOHER SHERIAN L HOCKENBRUAGH-BOOHER CASE NO.: 1-03-03458 CHAPTER 13 Debtor(s) ORDER DISMISSING CASE At, Harrisburg, in said district, on this 27' day of JULY, 2004, Upon consideration of the Motion of the Trustee to Dismiss Case for Material Default, and it having been determined after Debtor's failure to appear at the hearing scheduled for July 8, 2004, that the case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and theyhereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. BY THE COURT Date: July 27, 2004 7 Ba%ru J udge raux? This electronic order is signed and filed on the same date. FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION SHERIAN L. HOCKENBRAUGH REUBEN H. HOCKENBRAUGH (DECEASED) NO. 02-4999 Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (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 unworn falsification to authorities. n b FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC MORTGAGE CORPORATION Plaintiff, V. SHERIAN L. HOCKENBRAUGH REUBEN H. HOCKENBRAUGH (DECEASED) No. 02-4999 Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $71,041.77 ' Interest from 12/5/02-12/8/04 $8,584.80 and Costs (per diem -$11.68) TOTAL $79,626.57 J"ts 4 d Q ?z? FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. Rn N O n a oz w ° a? z CIO ? W zz z o ? U ? a o a ? ca z° 0 ? U ? xz F" ?^ ? d W H 0 ' W W x U ?' ? W U C ? ?' ? a a w ALL THAT CERTAIN tract of parcel of ground with the improvements thereon erecteu, situate in the Township of Gast Peansboro, Cumberiaral County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made February 19, 1971, prepared by Gerrit 1. Dw,, Registered Surveyor, as follows, to wit: BEGINNING at a point on the westerly tine of North ENOIA Drivt, which point is one hundred eighty-eight and six, hundredths (188.06) feet southwardiy of the southwesterly comer of North ENOLA Drive and Shady Lane; thence along the westerly line of North Uriola Drive South ten (10) degrees thirty (30) minutes East twenty-five (25) feet to a point; thence through the center of a party wall and beyond, South severity-nine, (79) degrees font' (40) minutes West one hundred sixty five and seventy-six hundredths (165.76) feet to a point on the easterly line of property now or late of Martin H. Foster, Sr.; thence along same North fourteen (14) degrees fifty-four (54) minutes West twenty-five and eight hundredths (25.08) feet to an ion pin; thence North seventy-nine (79) degrees forty (40) minutes Gds( one hundred sixty-seven and seventy-four hundredths (157,74) feet to a point, the place of beginning. TITLE TO SAID PRRMISFS IS VG IN Reuben H, Hockenbraugh And S'herian L. Hoekenbraugh, his wife by Deed from Genesis Capital Group Inc, dated 4!3/1998, and recorded 4P7f1998,in Record Book 174, Page 1087. Tax Parcel #13-1002-244 G U ? ?? \ ? `; N ?i ?`. ?G i ? ? ? ?, ? ?., ? ?'? f c! ", ? ? ? ? C? F , ?1 I !" /?.) C:J ?/ _? i't ? ?. ?`' ?. , W WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N0024999 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION Plaintiff (s) From SHERIAN L HOCKENBRAUGH REUBEN H HOCKENBRAUGH (DECEASED) (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$71,041.77 L.L. Interest FROM 12/5/02-12/8/04 (PER DIEM - $11.68) $8,584.80 AND COSTS Arty's Comm % Arty Paid $ 840.05 Due Prothy $1.00 Other Costs Plaintiff Paid Date: SEPTEMBER 7, 2004 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN ESQUIRE CURTIS R. LONG Prothonotary By: 0 Deputy Address: ONE PENN CETNER AT SUBURBAN STATION 1617 JOHN F KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLFF Telephone: (215)563-7000 Supreme Court ID No. 12248 GMAC MORTGAGE CORPORATION v. Plaintiff, SHERIAN L. HOCKENBRAUGH REUBEN H. HOCKENBBAUGH (DECEASED) Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-4999 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GMAC MORTGAGE CORPORATION, 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, 307 NORTH ENOLA DRIVE, ENOLA, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name SHERIAN L. HOCKENBRAUGH Last Known Address (if address cannot be reasonably ascertained, please indicate) 307 NORTH ENOLA DRIVE ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) REDEVELOPMENT AUTHORITY OF 114 N. HANOVER STREET, SUITE 104 CUMBERLAND COUNTY CARLISLE, PA 17013 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff 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 indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 307 NORTH ENOLA DRIVE ENOLA, PA 17025 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 unswom falsification to authorities. September 3, 2004 'gtfiAJ& V Et Q A X'(-n f*-) DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff GMAC MORTGAGE CORPORATION Plaintiff, V. SHERIAN L. HOCKENBRAUGH REUBEN H. HOCKENBRAUGH (DECEASED) Defendant(s). CUMBERLAND COUNTY No. 02-4999 September 3, 2004 TO: SHERIAN L. HOCKENBRAUGH 307 NORTH ENOLA DRIVE ENOLA, PA 17025 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIENAGAINST PROPERTY. * * Your house (real estate) at, 307 NORTH ENOLA DRIVE, ENOLA, PA 17025, is scheduled to be sold at the Sheriffs Sale on DECEMBER S, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $71,041.77 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. 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 Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You 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 (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract or parcel of ground with the improvements thereon erected, situate in me Township of East Penttsbona, Cumberland County, Pennsylvania, bounded and described in atxondanee with a survey and plan thereof made February 19, 1971, prepared by Gerrit 1. Beta, Registered Surveyor, as follows, to wit; BEGINNING at a point on the westerly line of North ENOLA Drive, which point is one hundred eighty-eight and six hundredths (188.06) feet southwardly of the southwesterly corner of North ENOLA Drive and Shady Lane; thence along the westerly line of North Enna Drive South ten (10) degrees thirty (30) minutes Eaat twenty-five (25) feet to a point; thence through the center of a party wall and beyond, South seventy-nine (79) degrees forty (40) minutes West one hundred sixty Rve and seventy-six hundredths (165.76) feet to a point on the easterly line of property now or Late of Martin H. Foster, Sr.; thence along same North founcen (14) degrees fifty-four (54) minutes West twenty-five and eight hundredths (25.08) feet to an iron pin; thence North seventy-nine (79) degrees forty (40) minutes East one hundred sixty-seven and seventy-fora hundredths (167.74) feet to a point, the place of beginning. TITLE TO SAID PRF.MISF3 fS VESTED IN Reuben H. Hockenhraugh And Sheri= L. Hockenbraugh, his wife by Deed Cram Genesis Capital Group Inc. dated 4/3!1998, and recorded 4/7ti998, in Record Book 174, Page 1087. Tax Parcl#13-1002-244 AFFIDAVIT OF SERVICE GMAC MORTGAGE CORPORATION PLAINTIFF DEFENDANT(S) SHERIAN L. HOCKENBRAUGH SERVE SHERIAN L. HOCKENBRAUGH AT 307 NORTH ENOLA DRIVE ENOLA, PA 17025 CUMBERLAND COUNTY PTT No. 02-4999 AC(-T. #0306_ 0__ 47125 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 8, 2004 SERVED ?..I, Nb ?^? u°??' day of ?? , 200!?- O C,?e , Defen i, , on the Served and made known to t 91 ^ tJ I .Commonwealth v. at .9 , o'clock Pm., at of Pennsylvania, in the manner described below: Defendant personally served. Name and Relationship is _ Adult family member with whom Defendant(s) reside(s) 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) rescesof business. Agent or person in charge oa Dofficer of said Defendant(s)' place company. Other: i ?os?cS j' ?O Race L^ Sex ? Other ? J Weight Description: Age _ Height 1 av a VJC e ?' , a competent adult, being duly swom according to law, depose and state that I persottally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case he date and at the address indicated above. , , ~e u H1d1V Y„ Iru o.Jin Sworn to and subscr NK 1i before me this ??'? of , 200 {} Notary: By: / F PLEASE ATTEMPT SERVI AT LEAST 3 TIMES. INDI AA AT SERVICE ATTEMPTED. NOTSERVED day of 200_, at o'clock _.m., Defendant NOT FOUND because: On the Unknown _ No Answer Vacant _ Moved Time: 2°d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this _ day of 200 Notary: By. Attorney or Plaintiff Frank Federman, Esquire - I.D. No. 12248 n , .c=' ?i r-: i1?-'{ O l ?). i.e V'; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE CORPORATION I ) CIVIL ACTION VS. SHERIAN L. HOCKENBRAUGH ) CIVIL DIVISION REUBEN H. HOCKENBRAUGH ) NO. 02-4999 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for GMAC MORTGAGE CORPORATION hereby verify that on 9/8/04 & 11/18/04 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. lm DATE: November 22, 2004 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff GMAC MORTGAGE CORPORATION Plaintiff, V. SHERIAN L. HOCKENBRAUGH REUBEN H. HOCKENBRAUGH (DECEASED) Defendant(s). C04BERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-4999 AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) GMAC MORTGAGE CORPORATION, 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, 317 NORTH ENOLA DRIVE, ENOLA, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name SHERIAN L. HOCKENBRAUGH Last Known Address (if address cannot be reasonably asceirtained, please indicate) 307 NORTH ENOLA DRIVE ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) REDEVELOPMENT AUTHORITY OF CUMBERLAND COUNTY 114 N. HANOVER STREET, SUITE 104 CARLISLE, PA 17013 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) EAST PENNSBORO TOWNSHIP 98 SOUTH ENOLA DRIVE ENOLA, PA 17025 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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 307 NORTH ENOLA DRIVE ENOLA, PA 17025 13 North Hanover Street Carlisle, PA 1-7013 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. November 22, 2004 ? fi DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff .o ?° In A W N p d7 J ON kA A W N - cOD r? 0o D a ? Z C Q A o ° ? a+ "o On r gym, QQ G t?? ] O ° y? a C) 1 y R C, Wa ° o tJ ?r W o z ?n o F O x yS z ° a c o C i J 'T -- ? C A M " O 'z7 ld ? y bd ? No ?y t7l ? z tr1 « as d r7 b t7l C ? 0 o 0 o z sg? ? ? ? o b a ? o sat tri C E s : o b r 7. N 00 „'? W to . o O O p ° it N 8 ?; ? ? ? ?? 7 C/J b ? a` tt9 Q ? ? g' CC Ci77 ?n+ Q t?7 C'? k. trl ?' ? ? CC) ? Q t77 ? !b O l77 ? ? log ; 1 ? z x to ? t. .r o '7 7 O f? 00 ? h- 7 _ 'lES P ? ?. ? t i ST y.4p r g -•. ? 2 p r1;S V ? o I oaz C aCD ? A ? l9 h r7 , a (D W !77 n 0 0 cr r 'a o ?o 1 ?„E . O " z w N p 10 oo J CN U A w N ?-. r? CL C V c n a ? &I M 00 z ? c o to 0 H ayb o? bxz ob ? ? O-A z ? bd N?O d ?o b° ? x b y 0 qQ 00 ro 0 N ?Q ?' cA?? pOSTy 4 Al tyW " ?y $00-900 W7NEY BCWdES A6 02 1A cb 0004300377 ?rJV 18 2004 MAL_ED FROM ZIP CODE i 91 o3 ?'am A ¢ ¢ H ? A ? II V O YT = b A >? W C G -s G' G A A O O 171 m l , y? Z b r n •,J ? ? 4 p, J J' ti? L? Sherian L. Hockenbraugh and Writ No. 2002-4999 Civil Term Reuben H. Hockenbraugh (deceased) Michael Barrick, Deputy Sheriff, who being duly sworn according to law, sta e that on September 14, 2004 at 12:52 o'clock PM, he served a true copy of the within Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, up the within named defendant, to wit: Sherian L. Hockenbraugh, by making known unt Billie Jo Hockenbraugh, adult daughter of Sherian L. Hockenbraugh, at 307 North E Drive, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on October 11, 2004 at 7:33 o'clock P.M., he posted a true copy of the wit Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon th property of Sherian L. Hockenbraugh and Reuben H. Hockenbraugh (deceased) locat at 307 North Enola Drive, Enola, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within namec defendant, to wit: Sherian L. Hockenbraugh, by regular mail to her last known address 307 North Enola Drive, Enola PA 17025. This letter was mailed under the date of October 07, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this N is returned STAYED per instructions from Attorney Federman.. GMAC Mortgage Corporation In The Court of Common Pleas of VS Cumberland County, Pennsylvania Sheriff's Costs Docketing 30.00 Poundage 14.22 Posting Bills 15.00 Advertising 15.00 Postpone Sale 20.00 Prothonotary 1.00 Mileage 23.68 Levy 15.00 Surcharge 20.00 Law Journal 270.05 Patriot News 270.97 Share of Bills 30.42 $725.34 Sworn and subscribed to before me This day of i 2005, A.D. ro onotary Se- rs: ~ R. Thomas Kline, Sheriff lf?s: BY C ,SmA T Real Estate Di?uty 1,01) GMAC MORTGAGE CORPORATION V. Plaintiff, SHERIAN L. HOCKENBRAUGH REUBEN H. HOCKENBRAUGH (DECEASED) Defendant(s). NO. 02-4999 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, RANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution as filed the following information concerning the real property located at 307 NORTH ENOLA D VE ENOLA, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name SHERIAN L. HOCKENBRAUGH CUMBERLAND COUNTY COURT OF COMMON CIVIL DIVISION Last Known Address (if address cannot reasonably ascertained, please indicate) 307 NORTH ENOLA DRIVE ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: Same as above Name and last known address of everyjudgment creditor whose judgment is a record property to be sold: Name Last Known Address (if address cannot reasonably ascertained, please indicate) on the real None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address reasonably ascertained, please it REDEVELOPMENT AUTHORITY OF 114 N. HANOVER STREET, CUMBERLAND COUNTY CARLISLE, PA 17013 5. Name and address of every other person who has any record lien on the property: be 104 Name Last Known Address (if address cannogbe reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property interest may be affected by the sale. Name None Last Known Address (if address cannot reasonably ascertained, please indicate) whose 7. Name and address of every other person of whom the plaintiff has knowledge who has the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot reasonably ascertained, please indicate) 307 NORTH ENOLA DRIVE ENOLA, PA 17025 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 knowledge or information and belief, I understand that false statements herein are made sub, penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. September 3, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff interest in to the GMAC MORTGAGE CORPORATION Plaintiff, V. SHERIAN L. HOCKENBRAUGH REUBEN H. HOCKENBRAUGH (DECEASED) Defendant(s). CUMBERLAND COUNTY No. 02-4999 September 3, 2004 TO: SHERIAN L. HOCKENBRAUGH 307 NORTH ENOLA DRIVE ENOLA, PA 17025 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFO ATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCH RGE IN BANKR UPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONS RUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIEN AGAINST PROPERTY.' Your house (real estate) at 307 NORTH ENOLA DRIVE, ENOLA, PA 17025, scheduled to be sold at the Sheriffs Sale on DECEMBER 8, 2004 at 10:00 a.m. in the Cumberland Coity Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $ 1041.72 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. In th event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, lat charges, costs and reasonable attorney's fees due. To find out how much you must pa , you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strikr open the to judgment, if the judgment was improperly entered. You may also ask the COT 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, you will have of stopping the sale. (See notice on page two on how to obtain an atto 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 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 inadequate compared to the value of your property. chance You may the sale. To 3. The sale will go through only if the buyer pays the Sheriff the full amount due In find out if this has happened, you may call (717) 240-6390. If the amount due from the Buyer is not paid to the Sheriff, you will remain 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 and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedi you. 6. You may be entitled to a share of the money which was paid for your house. A distribution of the money bid for your house will be filed by the Sheriff within 30 days of schedule will state who will be receiving that money. The money will be paid out in acco this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFIC BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It n in the ahsence of a representative of the plaintiff at the Sheriffs Sale. The sale postponed or stayed in the event that a representative of the plaintiff is not present CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE of the Sheriff to evict edule of sale. This ice with It the if you act iOT HAVE LISTED be the sale. CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract or parcel of giound with the improvements thereon erntw, st tc to the Township of Cast Pminsboro, Carthwiand County, Pennsylvania, bounded and described in a vrdame with a wrvey and plan thereof made February 19, 1971, prepared by Gerrit 1. Betz,, gistered Surveyor, as follows, to wit: BEGINNING at a point on the westerly line of North ENOLA Drive, which point is one hutxhed eighty-eight and six hundredths (188.06) feet southwardly of the southwesterly comet f Nog NOLA Drive and Shady Lane, thence along the westerly line of North Enota Drive Southoten (t0 degrees thirty (30) minutes East twenty-five (25) feet to a point; theme through the center 01 11 party nIl and beyond, South seventy-nine (79) degrees forty (40) tniuuws West one hundred sixty five and se enty-six hundredths (165,76) feet to a point on the easterdy line of property now or late of Marlin H. Fe er, Sr.; thence along same North founcen (14) degrees fifty-four (54) minutes West twenty-five eight hundredths (25.08) feet to an iron pin; thence North seventy-nine (79) degrees forty (40) mia Cast one hundred sixty-seven and seventy-four hundredths (167.74) feet to a point, the place of be Inning. TITLF TO SAID PRHMISF-S IS VESTS IN Reuben H. Hockenbraugh And Sherian L. flockenbraugh, hie wife by Deed from Genesis Capital Group Inc. dated 41311998, and r 4/71199s, in Record Book 174, Page 1087. Tax Parcel #13-1002-244 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N002-4999 Civil CIVIL ACTION - TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION Plaintiff From SHERIAN L HOCKENBRAUGH REUBEN H HOCKENBRAUGH (DECEASED) (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 H paying any debt to or for the account of the defendant (s) and from delivering any property of the defen (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 s garnishee and is enjoined as above stated. Amount Due$71,041.77 L.L. Interest FROM 12/5/02-1218/04 (PER DIEM - $11.68) $8,584.80 AND COSTS Atty's Comm % Due Prothy $1.00 Arty Paid $ 840.05 Other Costs Plaintiff Paid Date: SEPTEMBER 7, 2004 CURTIS R. LONG Prothonotary (Seal) By: (1w, a ?71?QQu Deputy REQUESTING PARTY: Name FRANK FEDERMAN ESQUIRE Address: ONE PENN CETNER AT SUBURBAN STATION 1617 JOHN F KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLFF Telephone: (215)563-7000 Supreme Court ID No. 12248 Real Estate Sale #59 On September 09, 2004 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 307 North Enola Drive, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 09, 2004 By: Real Estate uty -1 cl 0 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 Michael Morrow, being duly sworn according to law, deposes and says: That he is the 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 19th and 26th day(s) of October and the 2nd day(s) of November 2004. 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 nd for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. 1' f PUBLICATION ............... t,?..... 4 ..................................................... COPY SALE#59 REAL ESTATE SALE No. 59 Writ No. 2002-4999 Civil Term GMAC Mortgage Corporation Vs Sherian L. Hockenbraugh and Reuben H. Hockenbraugh Atty. Frank Federman DESCRIPT;ON th day of)qoveni of 04 A.D. Terry L. Russell, Not City of Harrisburg, Dou Iv Commission Expires tY PUBLIC expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ALL THAT CF,RTATi tract or parcel of ground Statement of Advertising Costs with the improvements thereon erected, situate in the Township of Fast Penmsboro, Cumberland County, Pennsylvania, bounded and described in To THE PATRIOT-NEWS CO. accordance with a survey and plan there-of made February 19, 1971, prepared by Gerrit J. Betz, For publishing the notice or publication attached Registered Surveyor, as follows, to wit: hereto on the above stated dates 270.97 BEGINNING at a point on the westerly line of North Enola Drive, which point is one hundred eighty-eight and six-hundredths (188.06) feet southwardly of the southwesterly corner of North 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. Enola Drive and Shady lane; thence along the westerly line of North Enola Drive South ten (10) degrees thirty, (30) minutes East twenty-five (25) feet to a point; thence through the center of a party wall and beyond, South seventy-nine (79) degrees forty (40) mmufts West one hamdted didy five and weedy-eh 4nm4a lYs (165.76) feet to it paint on the eatesly tine of property now of I-* of Malim IL Poster, Sr.; thence *4 same North fourteen (14) degrees fifty-few (54) mim w West twenty-five and eight-hoediedlhs (25A) feet to an iron pin; thence North seventy- nine (79) degrees forty (40) minutes East one hundred sixty-,seven and seventy-four-hundredths (167.74) feet to a point, the place of BEGINNING.' By .................................................................... TITLE TO SAID PREMISES is vested in Reuben H. Hockenbraugh and Sherian L. Hockenbraugh, his wife, by Deed from Genesis Capital Group Inc., dated 4/3/1998, and recorded 4711998, in Record Book 174, Page 1087. TAX PARCEL #13-1002-244. 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: OCTOBER 8, 15, 22, 2004 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. 59 Writ No. 2002-4999 Civil GMAC Mortgage Corporation vs. Sherian L. Hockenbraugh and Reuben H. Hockenbraugh (deceased) Atty.: Frank Federman ALL THAT CERTAIN tract or par- cel of ground with the improvements thereon erected, situate in the Town- ship of East Pennsboro, Cumberland County, Pennsylvania, bounded and described in accordance with a sur- vey and plan thereof made Febru- ary 19, 1971, prepared by Gerrit J. Betz, Registered Surveyor, as fol- lows, to wit: BEGINNING at a point on the westerly line of North ENOLA Drive, which point is one hundred eighty- eight and six hundredths (188.06) feet southwardly of the southwest- erly corner of North ENOLA Drive and Shady Lane; thence along the c Lisa Marie Coyn , Editor SWORN TO AND SUBSCRIBED before me this 22 day of OCTOBER 2004 NOTAR[AL SEAL ' LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 westerly line of North Enola Drive South ten (10) degrees thirty (30) minutes East twenty-five (25) feet to a point; thence through the cen- ter of a party wall and beyond, South seventy-nine (79) degrees forty (40) minutes West one hundred sixty five and seventy-six hundredths (165- .76) feet to a point on the easterly line of property now or late of Mar- lin H. Foster, Sr.; thence along same North fourteen (14) degrees fifty- four (54) minutes West twenty-five and eight hundredths (25.08) feet to an iron pin; thence North sev- enty-nine (79) degrees forty (40) minutes East one hundred sixty- seven and seventy-four hundredths (167.74) feet to a point, the place of beginning. TITLE TO SAID PREMISES IS VESTED IN Reuben H. Hocken- braugh and Sherian L. Hocken- braugh, his wife by Deed from Gen- esis Capital Group Inc. dated 4/3/ 1998, and recorded 4/7/1998, in Record Book 174, Page 1087. Tax Parcel #13-1002-244. ??s PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC MORTGAGE CORPORATION Plaintiff, V. SHERIAN L. HOCKENBRAUGH REUBEN H. HOCKENBRAUGH(DECEASED) No. 02-4999 Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $71,041.77 Interest from 12/3/02 to MARCH 8, 2006 $13,910.88 and Costs (per diem -$11.68) TOTAL $84,952.65 i DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station) 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. O? a zz OW a ri z 00 O? U L ??"II py U ?. KI O 0 0 U W C7 a 0 n Q ?U aA ?x z? U ? xz a? ?O 1? x 1., x m W 9 Q H a v w? Vi O d H? „y o W Gr. W? V w w I? kn N O h ti ?i a z W 7 A a 0 W x 0 0 M y N 45 b -? a {? 1> w (fir ?i w a WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N002-4999 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION Plaintiff (s) From SHERIAN L HOCKENBRAUGH REUBEN H HOCKENBRAUGH (DECEASED) (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 $ 71,041.77 L.L. Interest FROM 12/03/02 TO 3/08/06 (PER DIEM-$11.68) $13,910.88 Atty's Comm % Ally Paid $ 1,578.39 Due Prothy $1.00 Other Costs Plaintiff Paid Date: OCTOBER 27, 2005 (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name DANIEL G SCHMIEG ESQ Address: 1617 JOHN F KENNEDY BOULEVARD STE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215)563-7000 Supreme Court ID No. 62205 GMAC MORTGAGE CORPORATION Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS SHERIAN L. HOCKENBRAUGH CIVIL DIVISION REUBEN H. HOCKENBRAUGH (DECEASED) NO. 02-4999 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,307 NORTH ENOLA DRIVE, ENOLA, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SHERIAN L. HOCKENBRAUGH 307 NORTH ENOLA DRIVE ENOLA, PA 17025 REUBEN H. HOCKENBRAUGH 307 NORTH ENOLA DRIVE (DECEASED) ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name REDEVELOPMENT AUTHORITY OF CUMBERLAND COUNTY Last Known Address (if address cannot be reasonably ascertained, please indicate) 114 N. HANOVER STREET, SUITE 104 CARLISLE, PA 17013 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) EAST PENNSBORO TOWNSHIP 98 SOUTH ENOLA DRIVE ENOLA, PA 17025 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMONWEALTH OF PENNSYLVANIA, 6TH FLOOR, STRAWBERRY SQUARE BUREAU OF INDIVIDUAL TAX INHERITANCE DEPT 280601 TAX DIVISION, ATTN: JOHN MURPHY HARRISBURG, PA 17128 INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 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: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 307 NORTH ENOLA DRIVE ENOLA, PA 17025 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. See. 4904 relating to unworn falsification to authorities. October 25, 2005 ?2t Vu ( DATE DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff <, '. _, ?'; PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION Plaintiff, v. ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION SHERIAN L. HOCKENBRAUGH REUBEN H. HOCKENBRAUGH (DECEASED) NO. 02-4999 Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (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 unworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, V. No. 02-4999 SHERIAN L. HOCKENBRAUGH REUBEN H. HOCKENBRAUGH(DECEASED) Defendant(s). October 25, 2005 TO:SHERIAN L. HOCKENBRAUGH REUBEN H. HOCKENBRAUGH (DECEASED) 307 NORTH ENOLA DRIVE ENOLA, PA 17025 * *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 BANKRUPTCYAND 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 ALIEN AGAINST PROPERTY" Your house (real estate) at, 307 NORTH ENOLA DRIVE, ENOLA, PA 17025, is scheduled to be sold at the Sheriffs Sale on MARCH 8, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $71,041.77 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 31293. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You 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. 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 Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You 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 (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 A7.I. TEAT CERTAIN tract or parcel of ground with the improvements thereon erected, situate in the Township of East Penmboro, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made February 19, 1971, prepared by Gerrit 1. Bcm Registered Surveyor, as follows, to wit: BEGINNING at a point on the westerly line of North Enota Drive, which point is one hundred eighty-eight and six hundredths (188.06) feet southwardly of the southwesterly corner of North Cnola Drive and Shady Lane; thence along the westerly line of North C-nala Drive, South ten (10) degrees thirry (30) minutes East twenty-five C75) feet to a point; thence through the center of a party wall and beyond, South seventy-nine C79) degrees forty (40) minutes West one hundred sixty five and seventy-six hundredths (165.76) fact to a point on the easterly line of property now or late of Marlin H. Foster, Sr.; thence along same North fourteen (14) degrees fifty-tour (54) minutes West twenty-free and eight hundredths C25.08) feet to an iron pin; thence North seventy-nine (79) degrees forty (40) minutes East one hundred Sixty-seven and seventy-four hundredths , (167.74) feet to a point, the place of BEGINNING. PREMISES BEING ON: 307 NORTH ENOLA DRIVE , ENOLA, PA 17025 BEING the same premises that Genesis Capital Group, Inc, by it's deed dated April 3, 1998 and recorded in the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania on April 3, 1998 in Deed Book Volume 174, Page 1087, granted and conveyed unto Reuben H. Hockenbraugh and Sherian L. Hockenbraugh, Grantor herein. J ? ...'? `' r. .1 U no. 0 1-Y`I ry UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Randall A. Booher CHAPTER 13 Sherian L. Hockenbraugh-Booher f/k/a Sherian L. Hockenbraugh Debtors GMAC Mortgage Corporation BK. NO. 1-05-bk-00018 MDF Movant V. Randall A. Booher Sherian L. Hockenbraugh-Booher f/k/a Sherian L. Hockenbraugh Charles J Dehart, III, Trustee Respondents ORDER MODIFYING SECTION 362 AUTOMATIC STAY Upon Consideration of the Motion of GMAC Mortgage Corporation (Movant), and after Notice of Default and the filing of a Certification of Default, it is: ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as provided by 11 U.S.C. 362 is modified with respect to premises, 307 North Enola Drive, Enola, PA 17025, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises. By the Comm, 7' ?14- AW9. B mp Judge (J{) This electronic order is signed and filed on the same date. Dated: September 20, 2005 ???? AFFIDAVIT OF SERVICE PLAINTIFF GMAC MORTGAGE CORPORATION DEFENDANT(S) SHERIAN L. HOCKENBRAUGH REUBEN H. HOCKENBRAUGH (DECEASED) SERVE SHERIAN L. HOCKENBRAUGH AT 307 NORTH ENOLA DRIVE ENOLA, PA 17025 CUMBERLAND COUNTY SMC No. 02-4999 ACCT. #0306047125 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 8, 2006 S'RVEaD k Served and made known to J ??// 0 /? TJ fe?dant, on the 30_ day of _D Q1__, 200 at ?, o'clock _f.m., at 307 I V Fon la b JY 5??) Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. a to ) Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. J 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 3 f Height ?, W eight Race ? Sex ? Other I, l ?l iM Ye 2 1 14 , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. --RUASE A7VXENVT,SERVWE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. i j Si p }, NOT SERVED PAT x, i S Jul 2pjA On the day of 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown _ No Answer 1st Attempt: Time: Vacant 2"d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 200 Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 DA ? c? ? `° '? u - ?+ .-? ?' ?--n t ^n 1 - _„_ -'icy? ?Cn r C: .. e__? N i7: .r_. U P PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage Corporation Court of Common Pleas Plaintiff vs. Sherian L. Hockenbraugh Reuben H. Hockenbraugh Defendants Civil Division Cumberland County No. 02-4999 PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on October 16, 2002, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on December 4, 2002 in the amount of $71,041.77. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. A Sheriffs Sale of the mortgaged property at 307 North Enola Drive, Enola, PA 17025 (hereinafter the "Property") was postponed or stayed for the following reasons: a) The Defendants filed a Chapter 13 Bankruptcy at docket number 03-03458 on June 10, 2003. The Bankruptcy was dismissed by order of court dated July 27, 2004. A true and correct copy of the Bankruptcy Dismissal Order is attached hereto, made part hereof, and marked as Exhibit «C„ 4. The Property is listed for Sheriff s Sale on March 8, 2006. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance 64,574.73 Interest Through 3/8/06 17,049.39 Per Diem $13.26 Late Charges 1,482.97 Legal fees 2,875.00 Cost of Suit and Title 3,075.00 Sheriffs Sale Costs 2,914.54 Property Inspections 0.00 AppraisalBPO 0.00 MIP/PMI 0.00 NSF 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 5,703.55 TOTAL $97,675.18 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount ofjudgment against the Defendants. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallman &S?c?h/mieg, LLP Date: / c30 O? By: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage Corporation Court of Common Pleas Plaintiff vs. Sherian L. Hockenbraugh Reuben H. Hockenbraugh Defendants Civil Division Cumberland County No. 02-4999 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Defendants executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 307 North Enola Drive, Enola, PA 17025. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. IL INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. III. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. IV. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). The provision of the Mortgage which allows the Plaintiff to recover attorney's fees in the instant action is highlighted for the court's reference. In Federal Land Bank of Baltimore v. Fewer, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetter in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1 l20 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. V. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butt s, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958), Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank. 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. VI. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested Phelan Hallman & Schmieg, LLP DATE: 1/3010& By: 72 7- 72% L ??C Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff n V. NO. C>.2 - Yqq? l.lv?C?41fL.? CUMBERLAND COUNTY SHERIAN L. HOCKENBRAUGH REUBEN H. HOCKENBRAUGH 307 NORTH ENOLA DRIVE FEDERMA , AN® 'HELAM ENOLA, PA 17025 T ? NEy FILE C EL Defendant(s) ET -) cr CIVU,ACTION - iAW rlr COMPLAINT IN MORTGAGE FORFCi OSITRF - V)'„ G NOTICE G J ,' **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREV7U54J 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 OFA 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 FIND OUT WHERE YOU CAN GET LEGAL HELP. We hereby certify the within to be a true arl(I :orrect copy of the iginal filed of record c')ERMAN Amn CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ?.?T1NR Loan #: 306047125 RXP FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 - ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044 Plaintiff V. SHERIAN L. HOCKENBRAUGH REUBEN H. HOCKENBRAUGH 307 NORTH ENOLA DRIVE ENOLA, PA 17025 TERM NO. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY Defendant(s) "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 FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 113 y LHfy ? 2 LIBERTY AVENUE CARLISLE PA 17013 C? tY? C , (717) 249-3166 !.. ?i sy 1.1 C(? t ( ? l t: )E ?J1AAl pn ? Loan k: 306047125 RXP IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044 2. The name(s) and last known address(es) of the Defendant(s) are: SHERIAN L. HOCKENBRAUGH REUBEN H. HOCKENBRAUGH 307 NORTH ENOLA DRIVE ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 4/3/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ACCUBANC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1444, Page 311. By Assignment of Mortgage recorded 1/22/99 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 601, Page 56. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 5/1/02 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 $65,093.89 Interest 2,461.92 4/1/02 through 10/1/02 (Per Diem $13.38) Attorney's Fees 1,250.00 Cumulative Late Charges 152.81 4/3/98 to 10/1/02 Cost of Suit and Title Search 55009. Subtotal $69,508.62 Escrow Credit 0.00 Deficit 690 21 Subtotal $ 620 21 TOTAL $70,198.83 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $70,198.83, together with interest from 10/1/02 at the rate of $13.38 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. FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL THAT CERTAIN tract or parcel of ground with the improvements thereon erected, situate in the Township of East Pennsboro, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made February 19, 1971, prepared by Gerrit J. Betz, Registered Surveyor, as follows, to wit: BEGINNING at a point on the westerly litre of North Enola Drive, which point is one hundred eighty-eight and six hundredths (188.06) feet southwardly of the southwesterly corner of North Enola Drivc and Shady Lane; thence along the westerly line of North Encla Drive, South ten (10) degrees thirty (30) minutes East twenty-five (25) feet to a point, thence through the center of a party wall and beyond. South seventy-nine (79) degrees forty (40) minutes West one hundred sixty five and seventy-six hundredths (165.76) feet to a point on the easterly line of property now or late of Marlin 1•I. Foster, Sr.; thence: along same North fourteen (14) degrees fifty-four (54) minutes West twenty-five and eight hundredths (2.5.08) feet to an iron pin; thence North seventy-nine (79) degrees forty (40) minutes East one hundred sixty-seven and seventy-four hundredths . (167.74) feet to a point. the place of BEGINNING. PREMISES BEING ON: 307 NORTH ENOLA DRIVE VERIFICATION KRISTINE WILSON hereby states that she is FORECLOSURE SPECIALIST of GMAC MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her 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 unworn falsification to authorities. DATE: I?-) // ?-/ D V)- Exhibit "B" . 3 ? FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. SHERIAN L. HOCKENBRAUGH REUBEN H. HOCKENBRAUGH (DECEASED) Defendant(s). TO THE PROTHONOTARY: PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES Kindly enter judgment in favor of the Plaintiff and against SHERIAN L. HOCKENBRAUGH, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 10/2/02 to 12/3/02 TOTAL $70,198.83 $842.94 $71,041.77 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. CIVIL DIVISION NO. 02-4999 RANK F ERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY Exhibit "C" UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA IN RE: RANDALL A BOOHER SHERIAN L HOCKENBRUAGH-BOOHER Debtor(s) ORDER DISMISSING CASE CASE NO.: 1-03-03458 CHAPTER 13 At, Harrisburg, in said district, on this 27th day of JULY, 2004, Upon consideration of the Motion of the Trustee to Dismiss Case for Material Default, and it having been determined after Debtor's failure to appear at the hearing scheduled for July 8, 2004, that the case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. BY THE COURT Date: July 27, 2004 VV Ban rup Judge (JDK) This electronic order is signed and tiled on the same date. VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Phelan Hallman & Schmieg, LLP ? DATE: / 30 O. By: ?n' t YJ? Michele M. Bradford, Esquire Attorney for Plaintiff ., PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage Corporation Court of Common Pleas Plaintiff vs. Sherian L. Hockenbraugh Reuben H. Hockenbraugh Defendants Civil Division Cumberland County No. 02-4999 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. Sherian L. Hockenbraugh Reuben H. Hockenbraugh 307 North Enola Drive Enola, PA 17025 Phelan Hallman & Schmieg, LLP DATE: r 30 O6 By: Michele M. Bradford, Esquire Attorney for Plaintiff w nor= c.: D GMAC MORTGAGE CORP. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ORDER OF COURT AND NOW, this 3rd day of February, 2006, upon consideration of the SHERIAN L. HOCKENBRAUGH REUBEN H. HOCKENBRAUGH DEFENDANTS 02-4999 CIVIL foregoing petition, IT IS HEREBY ORDERED that: (1) A rule is issued upon the defendants to show cause why the plaintiff is not entitled to the relief requested; (2) The defendants shall file an answer to the petition within twenty days of service upon the defendants; (3) The petition shall be decided under Pa.R.C.P. No. 206.7; (4) An evidentiary hearing on disputed issues of material fact shall be held on the 1s' day of March, 2006, at 11:00 a.m. in Courtroom No. 5 of the Cumberland County Courthouse. By the Court, 14 ?? M. L, Ebert, Jr., J. Michele M. Bradford, Esquire Attorney for Plaintiff Sherian L. Hockenbraugh Reuben H. Hockenbraugh Defendants 307 North Enola Drive Enola, PA 17025 bas Wu`.? /ma Pfd o? 03-0G 'A3kb w Lf (1J 'I' VI l? 11 !,? I17J 4U[it FEB 0 l 200 ?,?? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GMAC Mortgage Corporation Plaintiff VS. Sherian L. Hockenbraugh Reuben H. Hockenbraugh Defendants Court of Common Pleas Civil Division Cumberland County No. 02-4999 ORDER AND NOW, this %S1 day of M 0.1' (- , 2006 the Prothonotary is ORDERED to amend the judgment in this case as follows: Principal Balance Interest Through 3/8/06 Per Diem $13.26 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections AppraisalBPO MIP/PMI NSF Suspense/Misc. Credits Escrow Deficit TOTAL Plus interest from 3/8/06 through the date of sale at six percent per annum. 64,574.73 17,049.39 1,482.97 2,875.00 3,075.00 2,914.54 0.00 0.00 0.00 0.00 0.00 5,703.55 $97,675.18 Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT J. 64097 rt ? ? O .+D T SALE DATE: MARCH 8.2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION VS. SHERIAN L. HOCKENBRAUGH REUBEN H. HOCKENBRAUGH (DECEASED) No.: 02-4999 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: 307 NORTH ENOLA DRIVE. ENOLA, PA 17025. 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 Amended 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. ?. Attorney for Plaintiff March 7, 2006 GMAC MORTGAGE CORPORATION Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS SHERIAN L. HOCKENBRAUGH CIVIL DIVISION REUBEN H. HOCKENBRAUGH(DECEASED) NO. 02-4999 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,307 NORTH ENOLA DRIVE. ENOLA, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SHERIAN L. HOCKENBRAUGH 307 NORTH ENOLA DRIVE ENOLA, PA 17025 REUBEN H. HOCKENBRAUGH 307 NORTH ENOLA DRIVE (DECEASED) ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: ' Name Last Known Address (if address cannot be reasonably ascertained, please indicate) REDEVELOPMENT AUTHORITY OF CUMBERLAND COUNTY 114 N. HANOVER STREET, SUITE 104 CARLISLE, PA 17013 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) EAST PENNSBORO TOWNSHIP 98 SOUTH ENOLA DRIVE ENOLA. PA 17025 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMONWEALTH OF PENNSYLVANIA, 6' FLOOR, STRAWBERRY SQUARE BUREAU OF INDIVIDUAL TAX INHERITANCE DEPT 280601 TAX DIVISION, ATTN: JOHN MURPHY HARRISBURG, PA 17128 INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 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: Name Tenant/Occupant Domestic Relations of Cumberland County Last Known Address (if address cannot be reasonably ascertained, please indicate) 307 NORTH ENOLA DRIVE ENOLA, PA 17025 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. 1 ( ? October 25, 2005 u DATE DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff H z U A W N O b oo J Q In A w N ?. r? 6 M1 m T N Y z C 3 c Cl) R? v mm yy a? Ad ?rrz y ?n ?c 0 13 tt o Z ? pO y?y \zI O ?j t1l O x z oz ar x m T ro a a z - m 4 ° a ` z z o a p _ ?v rz 5x ? z ?G a v ° 'o wo N I M to ?"' y = r) H W ro N y :z O N C) N R z r7 n r) a Lw 10 ° ° n a ro a c y y ?o R m z ? Y g m R t? y ?z a n y O '?7 z O s ? H ro y 5 ? ti?°os o » r a p ? y ? o r x = 5. q- ro z r Ny a y ' FR.80^ o'$ `° Pa p 2 u' pp p N Ry ro }i n y d ? °e N C`J M r ? O O ° CO ° ? y n q ^ ? FFr? ? r r?yy N ? 7 ° 9 n^ ? yy c l kd ro z r?i y Jt?11 y ? 66.3 y ro > ?. ?' E? o yy^1 LTi J d "U OO ? ? tr p ? ? A ? ZA O r ? ro , . sna" O a k g ° Z 7C ro a T 8 ZPS? 'sT 8 02 ^rn? s 9 d g 00 1A 04 $ 02 400 m " ^ MAI 3098 LEDFR 21 OM OC7 2 . 6 2005 c ZI PCODE 1 91 03 °az 3 sa,0? c.tiroyry r?? Z x w ?1 ? a o? G °o d ? o g C) ewe A r Nni?1 C) E Z ro DATE: GMAC MORTGAGE CORPORATION VS. SHERIAN L. HOCKENBRAUGH REUBEN H. HOCKENBRAUGH (DECEASED) TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): SHERIAN L. HOCKENBRAUGH REUBEN H. HOCKENBRAUGH (DECEASED) PROPERTY: 307 NORTH ENOLA DRIVE ENOLA, PA 17025 Improvements: Residential dwelling Judgment Amount: $71,041.77 CUMBERLAND COUNTY NO. 02-4999 The above-captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on MARCH S, 2006, at the Cumberland County Courthouse, South Hanover Street, Carlisle, PA at 10:00 a.m.. Our records indicate that you may hold a mortgage, judgment, or other interest on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. If you have any questions regarding the type of lien or the effect of the Sheriff s Sale upon your lien, we urge you to CONTACT YOUR OWN ATTORNEY, as we are not permitted to give you legal advice. The Sheriff will file a schedule of Distribution 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. ., ?, i- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which GMAC Mtg Corn is the grantee the same having been sold to said grantee on the 8th day of March A.D., 2006, under and by virtue of a writ Execution issued on the 27th day of Oct, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 4999, at the suit of GMAC Mtg Corp against Sherian L Hockenbraugh is duly recorded in Deed Book No. 273, Page 3651. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this Cy r n day of 'A.D. of Deeds GMAC Mortgage Corporation VS Sherian L. Hockenbraugh and Reuben H. Hockenbraugh(deceased) The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-4999 Civil Term Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on December 15, 2005 at 11:08 o'clock AM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Sherian L. Hockenbraugh, by making known unto Ryan Booher, adult in charge for Sherian L. Hockenbraugh, at 307 North Enola Drive, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on January 06, 2006 at 11:20 o'clock A.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 Sherian L. Hockenbraugh and Reuben H. Hockenbraugh (deceased), located at 307 North Enola Drive, Enola, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Sherian L. Hockenbraugh, by regular mail to her last known address of 307 North Enola Drive, Enola, PA 17025. This letter was mailed under the date of January 05, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 8, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg for GMAC Mortgage Corporation. It being the highest bid and best price received for the same, GMAC Mortgage Corporation of 500 Enterprise Road, Suite 150, Horham, PA 19044 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $932.09. Sheriffs Costs: Docketing $30.00 Poundage 18.28 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Prothonotary 1.00 Mileage 27.60 Certified Mail 1.08 Levy 15.00 Surcharge 20.00 Postage .78 Law Journal 365.00 Patriot News 297.80 Share of Bills 21.05 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 932.09 Sworn and subscribed to before me So Answers: This day of R. Thomas Kline, Sheriff 2006, A.D. C Pro of BY ?c?j Real Estate Sergeant 0 3010 try ckC s'3 3 3 y kw. i7770Y GMAC MORTGAGE CORPORATION Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS SHERIAN L. HOCKENBRAUGH CIVIL DIVISION REUBEN H. HOCKENBRAUGH (DECEASED) NO. 02-4999 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) GMAC MORTGAGE CORPORATION Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .307 NORTH ENOLA DRIVE. ENOLA. PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SHERIAN L. HOCKENBRAUGH 307 NORTH ENOLA DRIVE ENOLA, PA 17025 REUBEN H. HOCKENBRAUGH 307 NORTH ENOLA DRIVE (DECEASED) ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name REDEVELOPMENT AUTHORITY OF CUMBERLAND COUNTY Last Known Address (if address cannot be reasonably ascertained, please indicate) 114 N. HANOVER STREET, SUITE 104 CARLISLE, PA 17013 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) EAST PENNSBORO TOWNSHIP 98 SOUTH ENOLA DRIVE ENOLA. PA 17025 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMONWEALTH OF PENNSYLVANIA, 6'B FLOOR, STRAWBERRY SQUARE BUREAU OF INDIVIDUAL TAX INHERITANCE DEPT 280601 TAX DIVISION, ATTN: JOHN MURPHY HARRISBURG, PA 17128 INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM 137" FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 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: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 307 NORTH ENOLA DRIVE ENOLA, PA 17025 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. See. 4904 relating to unworn falsification to authorities. October 25, 2005 ce, DATE DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff 9S --Z d h- ADD soot GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, V. No. 02-4999 SHERIAN L. HOCKENBRAUGH REUBEN H. HOCKENBRAUGH (DECEASED) Defendant(s). October 25, 2005 TO:SHERIAN L. HOCKENBRAUGH REUBEN H. HOCKENBRAUGH (DECEASED) 307 NORTH ENOLA DRIVE ENOLA, PA 17025 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIENAGAINST PROPERTY. * * Your house (real estate) at, 307 NORTH ENOLA DRIVE, ENOLA, PA 17025, is scheduled to be sold at the Sheriffs Sale on MARCH 8, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $71,041.77 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. 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. 1 ? 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 Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You 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 (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ei AL.I. THAT CERTAIN tract or parcel of ground with the improvements thereon erected, situate in the Township of East Pennsboro, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made February 19, 1971, prepared by Gerrit 1. Bctx, Registered Surveyor, as follows, to wit: BEGFNNIIVG at a point on the westerly line of North Enola Drive, which point is one hundred eighty-eight and six hundredths (288.06) feet southwardly of the southwesterly corner of North Enolu Drive and Shady Lane; thence along the wcstcrly line of North encla Drive. South ten (10) degrees thirty (30) minutes East twenty-fhvc (ZS) feet to a point; thence through the center of a party wall and beyond. South savcnty-nine (79) degrees forty (40) minutes West one hundred sixty five and seventy-six hundredths (165.76) fact to a point on the easterly lint of property now or late of Marlin Fl. Foster, Sr.; thence along same North fourteen (14) degrees fifty-four (54) minutes West twenty-fi?e and eight hundredths (25.08) feet to an iron pin; thence North seventy-nine (79) degrees forty (40) minutes Last one hundred sixty-seven and seventy-four hundredths , (167.74) feet to a point, the place of BEGINNING. PREMISES BEING ON: 307 NORTH ENOLA DRIVE , ENOLA, PA 17025 BEING the same premises that Genesis Capital Group, Inc, by it's deed dated April 3, 1998 and recorded in the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania on April 3, 1998 in Deed Book Volume 174, Page 1087, granted and conveyed unto Reuben H. Hockenbraugh and Sherian L. Hockenbraugh, Grantor herein. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N0024999 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION Plaintiff (s) From SHERIAN L HOCKENBRAUGH REUBEN H HOCKENBRAUGH (DECEASED) (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the gamishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $ 71,041.77 L.L. Interest FROM 12/03/02 TO 3/08/06 (PER DIEM-$11.68) $13,910.88 Arty's Comm % Arty Paid $ 1,578.39 Plaintiff Paid Date: OCTOBER 27, 2005 (Seal) REQUESTING PARTY: Name DANIEL G SCHMIEG ESQ Address: 1617 JOHN F KENNEDY BOULEVARD STE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215)563-7000 Supreme Court ID No. 62205 Due Prothy $1.00 Other Costs Pro onotary By: Deputy TRUE COPY FROM RECOi u in Testimony whereof, I here unto set my hand and the seal of said Goya at C&*Ae, Pa. Th' _Aay Cy h4-011, , Prothonotl r# U `R C Real Estate Sale # 05 On November 8, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Township of East Pennsboro, Cumberland County, PA Known and numbered as 307 North Enola Drive, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 8, 2005 By 0&? S?YU Real Estate Sergeant qS :G cJ h- i't'PJ Jaz 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 Michael Morrow, being duly sworn according to law, deposes and says: That he is the 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 in the 24th and 31st day(s) of January and anmatter d the 7th day(s) of February 2006. That neither he nor said Company is interested in the subject character of place printed notice or advertising, and that all of the allegations of this statement as to the time, 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 SALE#5 REAL ESTATE SALE No. 06 . ................ Writ No 2002-4999 .................. . Civil Tenn GMAC Mortgage Corporation Sworn to and subscribed bt?re this 16th day of February 2006 A.D. Vs NOTARIAL SEAL Sherian L Hockenbraugh and Terry L. Russell, Notary Public Reuben H. Hockenbraugh City f Harrisburg, uphin my Atty: (Deceased) Dani(Deceased) Schmieg mmission Ex es Jun 2006 e er?}ns?Ivanl s ia' oiNotart i ;r DESCRIPTION 41/ l / Gl 7,?_ --?NOTA'KY PUBLIC ALL THAT CERTAIN tract or parcel of ground with the improvements thereon erected, situate in My commission expires June 6, 2006 the Township of Last Pennsboro, Cumberland County, Pennsylvania, prepared by Gerrit J. Betz, Registered Surveyor, as follows, to wit: BEGINNING at a point on the westerly line of RLAND COUNTY SHERIFFS OFFICE North Enola Drive, which point is one hundred eighty-eight and six hundredths (188.06) feet CUMBE CUMBERLAND COUNTY COURTHOUSE southwardly of the south-westerly comer of North CARLISLE, PA. 17013 Enola Drive and Shady Lane: thence along the westerly he of North Enola Drive, South ten (10) degrees thirty (30) minutes East twenty-five (25) feet to a point: thence through the center of a party PREMISES BEING ON: 307 North Enola wall and beyond, South seventy-nine (79) degrees Drive, Enola PA 17025 BEING the same premises that Genesis Capital forty (40) minutes West one hundred sixty five and Group, Inc, by it's deed dated April 3, 1998 and seventy-six hundredths (165.76) feet to a point on the easterly line of property now or late of Martin recorded in the Office of Recorder of Deeds in and H. Foster, Sr.: thence along same North fourteen for Cumberland County, Pennsylvania on April 3, 1998 in Deed Book Volume 174, Page 1087, (14) degrees fifty-four (54) minutes West twenty- five and eight hundredths (25.08) feet to an iron granted and conveyed unto Reuben H. pin: thence North st,Ienty-nine (79) degrees forty Hockenbraugh and Sherian L. Hockenbraugh, (40) minutes East one hundred sixty-seven and Grantor herein. seventy-fare hundredths (167.74) feet to a point, the place of BEGINNING. 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 20, 27, February 3, 2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject in, `+er 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. 5 Writ No. 2002-4999 Civil GMAC Mortgage Corporation V3. Sherian L. Hockenbraugh and Reuben H. Hockenbraugh (Deceased) Atty.: Daniel Schmieg ALL THAT CERTAIN tract or par- cel of ground with the improvements thereon erected, situate in the Township of East Pennsboro, Cumberland County, Pennsylvania, bounded and described in accor- dance with a survey and plan thereof made February 19, 1971, prepared by Gerrit J. Betz, Registered Sur- veyor, as follows, to wit: BEGINNING at a point on the westerly line of North Enola Drive, which point is one hundred eighty- eight and six hundredths (188.06) feet southwardly of the southwest- erly comer of North Enola Drive and ` t itor SWORN TO AND SUBSCRIBED before me this 3 day of February, 2006 - - Notary Shady Lane; thence along the west- erly line of North Enola Drive, South ten (10) degrees thirty (30) minutes East twenty-five (25) feet to a point; thence through the center of a party wall and beyond, South seventy-nine (79) degrees forty (40) minutes West one hundred sixty five and seventy- six hundredths (165.76) feet to a point on the easterly line of prop- erty now or late of Marlin H. Foster, Sr.; thence along same North four- teen (14) degrees fifty-four (54) min- utes West twenty-five and eight hun- dredths (25.08) feet to an iron pin; thence North seventy-nine (79) de- grees forty (40) minutes East one hundred sixty-seven and seventy- four hundredths, (167.74) feet to a point, the place of BEGINNING. PREMISES BEING ON: 307 NORTH ENOLA DRIVE, ENO" PA 17025. BEING the same premises that Genesis Capital Group, Inc., by it's deed dated April 3, 1998 and re- corded in the office of Recorder of Deeds in and for Cumberland County, Pennsylvania on April 3, 1998 in Deed Book Volume 174, Page 1087, granted and conveyed unto Reuben H. Hockenbraugh and Sherian L. Hockenbraugh, Grantor herein. ?a?