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HomeMy WebLinkAbout00-02941 ... - ~~ ---I :':Si . STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } ss. Robert P Ziegler ~ -----------------------------------------_____________________________________Recorderof Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which __n_n_________ GMAC Mtg Corp ---------------------------'---------------------___________________________________ e thegr.antee the same having been sold to said grantee on the ________7_=~____n___n_____________n__n______ day of March 01 __n____n_____n____n_______n____n__ A. D., ; _____, under and by virtne of a wriL_n______n__ . 18th Execut10n . _____n____________________________________n___ISSUed on the __n_________n______________________ July 2000 day of _______________n_________ A. D., _____, out of the Court of Cornman Pleas of said County as of Civil 2000 ---------------------------- --... --_____ -__ --_ -___ ______________________ __ ____ _ ___ _ Term, : GMAC Mtg Corp . 2941 Number _________n___' at the suit of ________n__________n____n_____n______n____nn_n____n___ . G~~ Donald G Clarke Jr & ~athy R ____________~______________________agamst---------------_____________________________________ ~ duly recorded in Sheriffs Deed Book No. _____:~_ln__' Page _n__l_~~n__. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office the __-Y-.4n_ day of ------W-m--m---mJ,. D., ~_~~L _g:~ to__t.~----- &-=HRecorffer of Deeds Itettldef ollKed$. CIlmbell8nd County, Ca~isle, PA M, Commllsian bpires tile flnl Mond., 01 Jan. 2002 U~, ~ I .', c."," .co"lIft GMAC Mortgage Corporation -vs- Donald G. Clark, Jr. and Kathy R. Clark In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2000-2941 Civil . Richard E. Smith, Deputy Sheriff, who being duly sworn according to law, says on August 18, 2000 at 8:05 o'clock P.M. EDST, he served a true copy of Real Estate Writ Notice and Description in the above entitled action upon one of the within named defendants to wit: Donald G. Clark, by handing to Kathy Clark, wife at 513 South Pitt Street, Carlisle, Cumberland County, Pennsylvania and at the same time handing to her personally the said true and attested copies of the same. Richard E. Smith Deputy Sheriff, who being duly sworn according to law, says on August 18, 2000 at 8:05 o'clock P.M. EDST, he served a true copy of Real estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: Kathy R. Clark, by making known unto Kathy Clark at 513 South Pitt Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copies of the same. David C. Zeigler, Deputy Sheirff, who being duly sworn according to law, says on October 5, 2000 at II :20 o'clock A.M. EDST, he posted a copy of Real Estate Writ Notice Poster and Description in the above entitled action on the property of Donald G. Clark and Kathy R. Clark located at 513 South Pitt Street, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, says 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 one of the within named defendants to wit: Donald G. Clark by regular m ail to his last known address 513 South Pitt Street, Carlisle, P A. This letter was mailed under the date of October 5, 2000 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says 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 one of the within named defendants to wit: Kathy R. Clark by regular mail to her last known address, 513 South Pitt Street, Carlisle, P A. This letter was mailed under the date of October 5, 2000 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on March 7, 2001 at 10:00 o'clock A.M., E.S.T. and sold the same for the sum of $1.00 to Attorney Leon Haller fOI GMAC Mortgage Corporation. It being the highest bid and the best price received for the same GMAC Mortgage Corporation of 500 Enterprise Road Suite 150 Horsham, P A being the buyer in this execution paid Sheriff R. Thomas Kline, the sum of $944.31 it being costs. Sheriff s Costs Docketing Poundage Posting Bills 30.00 18.52 30.00 Advertising Acknowledging Deed Auctioneer Law Library County Mileage Certified Mail Levy Surcharge Postpone Sale Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed " 30.00 30.00 10.00 .50 1.00 6.20 .69 30.00 30.00 20.00 344.45 288.30 23.15 25.00 26.50 944.31 Paid by attorney 3-30-01 Sworn and subsribed to before me This I.. ~ day of G.pd 2001A.D.r1,.,... n.~,~ ~notary ~~ . 1~~~~ R. Thomas Kline, Sheriff /J ~ By /-:;;Z;... uJ Real Estate Deputy '" ~'i: ~.~ jJIJ 3D.,. sU U<.. 3/ '1f(,; ~Wi'?'it - "'" J....." liil. ' 'ii;i ~ j;- . A THOMAS I. PULEO Identification No. 27hl~ 1710 Walton Road, Suite 206 Blue Bell, PA 19422 (610) 941-6050 GMAC MJRTGAGE mRPORATION Attorney for Plaintiff CUMBERLAND COUN'rY COURT OF COMMON PLEAS v. DONALD G. CLARK,:,Jr. and KATI-IY R. CLARK No. 00-2941 Civil Term AFFIDAVIT PURSUANT TO RULE 3l29.l THOMAS I. PULEO, attorney for 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 513 South Pitt Street , Carlisle , Pennsylvania: l. Name and address of owner(s) and reputed owner(s): Donald G. Clark, Jr. Kathy R. Clark 513 South Pitt Street Carlisle, .PA 17013 2. Names and address of defendant(s) in the judgment: Donald G. Clark, Jr. Kathy R. Clark 513 South Pitt Street Carlisle, PA 17013 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Debbie Enterprises, Ltd. 11-17 Railroad Avenue Mechanicsburg, PA 17055 -l- % " 'ld . J .. . ~ 4. Name and address of the last recorded holder of every mortgage of record: None other than executing mortgagee. 5. Name and address of every other person who has any record lien on the property: 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: Dorrestic Relations Office Cumberland Cbunty 13 N. Hanover Street Carlisle, P~ 17013 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: None. 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 l8 Pa.C.S.A. ~4904 relating to unsworn falsification to authorities. Date: July 11, 2000 4;v TH AS 1. PUL 0 Attorney for Plaintiff l""""'"- " mET; . . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF Cumberland NO. 00-294l CIVIL 1i Term CIVIL ACTION - LAW COUNTY: To satisfy the debt, interest and costs due GMAC Mortaage Corporation PLAINTIFF(S) frorn Donald G. Clark, Jr. and Kathy R. Clark 513 South pitt St., Carlisle, PA l7013 DEFENDANT(S) (l) You are directed to levy upon the property of the defendant(s) and to sell See Leaal Description (2) You are also qireG!~~"to '1:!t~cl'\"tl1ll.,pr<i!~rty of the detendant{s) not levied upon in the possession ot ."..'_"""""'_'1' ,.-""'",",-',<' <,:;j> '. GARNISHEE(S) as follows: '. -~;, ',I',,,, rir'-jf;:-' ." and to nomy the garnishee{s) that: (a) an allachment has been issued; (b) the garnishee{s) is/a[llh~njfljl.llld,tr"llm paying any debt to or for the account of the defendant(shllli'\dl,(om delivering any property of the defendarit(s) or otherwise disposing thereof; (3) II property ollhe defendant(s) notlevied upon an subjecllo allachrn'ent is found inthe possession of anyone other than a'named garnishee, you,are directed to notify hihilher'lhat he/she has been added as a garnishee and is enjoined as above stated. Amount Due $74,600.62 from 6/28/00 @ l2.27 per diem Interest $nc. 00 AllY's Comrn % Alty Paid 5119.10 Plainmf Paid L.L. Due Prothy OIher Costs $.50 $1.00 JII.'~ Date: July l8, 2000 Curtis R. Long Prothonotary, Civil Division .~o_2 7pQ7~ , ' /, , Deputy b)" REQUESTING PARTY: Narne '1'nt"'l111"" T Plllpn. 1':"q. Address: ]71" W"lt'nn Rn,,", Snit''' 206 P.1no. 'P.o.11, 'Pn. lq4?? Attorney for: J?1 ,,; nr; ff Telephone: 610 94l-6050 Supreme Court 10 No. 27615 ~.~,f' ,,-';-'--, <... ~---""",,*~l;i!i;jrU'''''''''''' ~ _I llirl,",~~~~_ "lllilr.r'<;f~~'--'--'"- -'J~IIliliiilliiI"-~ I_I REAL ESTATE SALE No.3 Un 9u1J J-"J, fi4-,-v the sheriff IevI8d U(DOfI tile defendants interest In the real property situated in d<fLtJ <1~""~..1_ Cumberland County, Pa., known and numberedalS:,0~.d& Z#$:/ ~ (J... L~ and more fuli~~escribed on Exhibit "A" flied with this wrIt and by this reference incorporated herein. 'ote:~).fh9-.z, ~Jl~ , , ' , '" , -, , ,~,': \i -, d ~_; I i-' '= r ,_ 1 i" " , , ~'~..:J ' ;, ;'-:,'.:".. . r', , Ii,! n G 511nr ~ n~ ) ! ' ~_"" ',~lno A11-;,ll _ '.::'f\T.J.\O , ",\1': r..:-:: -,,; i; t_ ,~,\ tJ j <l1.:J.,:j ;:;;! c.,.." ,,< . . t....) c;:;;J c;;] = G=e> Innl - -~r~~3! .. ...., ,. THOMAS I. PULEO Identification No. 276lS 1710 Walton Road, Suite 206 Blue Bell, PA 19422 (610) 941-6050 GMAC MJRTGAGE CORPORATION Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON'PLEAS v. DONALD G. CLARK, JR. and KATHY R. CLARK, his wife No. 00-2941 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO Donald G. Clark, Jr. Kathy R. Clark 513 South Pitt Street Carlisle, PA 17013 Your real estate at 513 South Pitt Street. Carlisle 'Pennsylvania, is cheduled to be sold at Sheriff.'s Sale on Wednesday =be:; 6, ~OOO . ., at 10:?0 a.m., Cumber~and'Co1.inty Courthouse, 2nd Floo~, ss~oner s Hearmg Room, Carl~sle, Pennsylvan~a, to enforce the court judgment of $ 74,600.62 obtained by GMAC Mortgage .Corporation' against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: l. The sale will be cancelled if you pay to GMAC Mortgage Corporation the amount of the back payments, late charges and reasonable attorney's fees due. To find out how much you must pay, you may call: (~(610) 941-6050. 2. You may be the Court to strike improperly entered. for good cause. able to stop the sale by filing a petition asking or open the judgment, if the judgment was You may also ask the Court to postpone the sale 3. You may also be able to stop the sale through other legal proceedings. ~: i I - - , "" w. '"->."..", . li ~" ".'" :i.ih ......--'---.:; . . <,..~___~..o---_ - ~J:~~..~..~ ::",;-~~~:..._ '/~;.:,): . - , -- , :. ...,-,-;.;..-~': . , r '"--' You may need an attorney to assert your rights. The sooner you contact one, the more chances 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 HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE l. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price by calling . (717) 24D-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. the may 3. full call The sale will amount due in MU6-3535. go through only if the buyer pays the Sheriff the sale. To find out if this has happened you 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. amount buye r. you. You have a right due is paid to the At that time, the to remain in the property until the full Sheriff and the Sheriff gives a deed to the buyer may bring legal proceedings to evict 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 on a date specified by the Sheriff not later than thirty (30) days after 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 (lO) days after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FItID OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 I' ,I II - I -2- . -.J~" ~:I . ~ itik~ DESCRIPTION ALL THOSE TWO (2) CERTAIN lots of land situate in the Third Ward of the Borough of Carlisle, Cumberland County, Peunsylvania, bounded and described in accordance with a survey prepared by D. P. Raffensperger Associates, Registered Surveyors, dated July 25, 1984, a copy of which survey is attached to the hereinafter recited deed, as follows: LOT NO.1: BEGINNING at an iron pin on the east building line of South Pitt Street, 97.4 feet south of the building line of West Willow Street, at corner of land now or formerly of Meals Estate; thence along land now or formerly of said Meals Estate, Dunkleberger, and Roy Minter, South 83047' East 110.00 feet to a nail in concrete on the west side of a ten (10) foot public alley; thence along the west side of said alley, South 60 13' West 18.8 feet to an iron pin in the line dividing properties numbered 513 and 515 South Pitt Street; thence along same and through the center of a partition wall dividing properties numbered 513 and 515 South Pitt Street, North 830 47' West 110.00 feet to a point on the east building line of said South Pitt Street; thence along same, North 60 13' East 18.8 feet to an iron pin, the place of beginning. HAVING thereon erected a vinyl siding dwelling house known and numbered as 513 South Pitt Street, Carlisle, Pennsylvania. LOT NO.2: BEGINNING at an iron pin on the east side of the ten (10) foot public alley above mentioned, 113.83 feet south of the building line of West Willow Street, at comer ofIand now or formerly of Kline; thence South 830 47' East 70.0 feet to an iron pin at corner of land now or formerly of Meals Estate; thence along same, South 60 13' West 15.0 feet to an iron pin; thence along same, North 830 47' West 70.0 feet to an iron pin on the east side of said alley; thence along same, North 60 13' East 15.0 feet to an iron pin, the place of beginning. ~.."- , THE THE PATRIOT NEWS SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} 58 James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of I..b.!l 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, respectiveiy, and all have been continuously published ever sJnce; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular dally and!or Sunday! Metro editions which appeared on the 31sf day of October and the 7th and 14th day(s) of November 2000. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot,News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Misreous Book "M", V;I~::I~::~~:' ....................................a....~...........w............................... COpy S rn to and subscribed tlefore me is 1st day of ece~ooo A.D. S ALE #3 Notarial Saal T,eny l. RUSsell, Notary PubJrc Harri~burg, Dauphin Coon . My CommIssion Expires June 6~ 2002 Member, PennsyJvaOiaASsocJalio ~ . commission expires. June 6,- 2.002- nOr Notanes " \ CUMBERlAND COUNTY SHERIFFS OFFICE CUMBERlAND COUNTY COURTHOUSE CARLISLE, PA. 17013 -, Statement of Advertising Costs To THE PATRIOT,NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 286.80 1.50 288.30 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot,News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By................................,.........................,......... ,-' " THE THE PATRIOT NEWS SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and pUblisher of Th e Patriot, News and The Sundav 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 31st day of October and the 7th and 14th day(s} of November 2000. 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 end subsequentiy duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Misreous Book "M", V;I~::I~:~~~~' ....................................a....~..........................................".. COpy S m to and subscribed ~ore me is 1st day of ecemb. SALE #3 T Notarial Seal ' '. /" ~rry L, Russell, Notary Public ,V. arrtSburg, DauphJn County . My Commission Expires June 6. 2002 Member, PennsYlvania Associet. . IOn ot Notanes NO ARY PUBLlQ' commission expires June 6, 2002' ,t \ CUMBERLAND COUN1Y SHERIFFS OFFICE CUMBERLAND COUN1Y COURTHOUSE CARLISLE, PA. 17013 " Statement of Advertising Costs To THE PATRIOT,NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 286.80 1.50 288.30 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patrlot,News and The Sundav Patriot,News, newspapers of general circulation, hereby acknowiedge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... "--. REA!:"ESTATE'SAlE No.3 Writ No. 2000-2941 CivUTerm ' GMAC Mortgage Corporation , \IS Donald G: Clark, Jr. ~nd Kathy R. Clark, his wife Atty:Thomas ,I. Puleo DESCRIPTiON Al~ tHOSE nvo (2) CF-RTA!N lots',of Jan~ SHl1.11e in {h~ ]llirq..Ward of the Borough of Carfble, CumberlcVJ'f' Counhl, Pennsylvania.. . bounded and dcs("rJued in ;ic.cordancc with a ~urvcv "prepilTC'f by D.P, RajfeospergcT .t\s1>oeJa!c:., Regisl~r~d SUTI'eyo'r;;, dated July 25,"1984, ,1 copy of which sunocy is attached to till; hereinafter r('(lled' deed, as followti:LOT NO 1: BEGJNN1NG 'at ,m iron pin on the e,lst ,buill;ling line of South Pitt Street, 97.4 feet '-:wuth 01 the bltilding .lIne of \'IIesl \'\~llow .:.:5trf'<'!, at comer: 'of land no~ or former!}' of ,Meal,s Estate; ,thence., '~long, land, now or . JOnT(erly of ~Jjd Meals Estate, DunkIeberg('r, and.. Roy !l-iinter, South 8.3047' E.1::;t 110.00 feet . to a nail in concrete on the "'est side of a ten (.10) iqot publi~ <lltey.j thence along the west :",:.':,::~de ,of said alley, 50.u;th 6" 13fWest 18,8 feet to ".an'iidil pin in the lint" di\iding properties "','numhered,5J3 and 515 South Pitt Street,: '-.' iht'Il,ce along same and tbro1;1gh lh.c center of a partition wall dividing properties numbered , '513, .)l,ld 515 South Pitt Street; Nortb &."'" -;7' West. 110.00 feet to a potnt on the eas't bullding line of said Soulh Pilt Street; thence along sam(', North 6" 13' East 18,$ feet 10 a.n . iron piJ1, the pla.ce of beginning,HA\1NG '. thereon erc_ded a vinyl siding dwelling house known and munl;:ered ,15 513 South Pitt Street, CarHslc, Pel):nsylval1la. LOT. NO~ 1: BEGINNING at an iron pin on thecastslde of th!,! t~l1 (10) l:Qoi.~"" public ,alley dhow.' mentioned, 113.83 f€'tt'south of the building line of West Willow Street, at comer of Tana now or.form{!rly of Kline; thence South 83~ 47' East 70.0 fret to an iron pin at comer oi tan,d now or formerly of Meals Estate; thence a,long same, Soufh 66 13' We,<;t 15.0 fed to an iron pin;, 'thence ;dong same, NQrth. 83'" 47' West 70.0.fe.et to an irotl pin on the cast side of said alley; thence aJong same, North 60 13' East .)!W feei to an iron pin, Qie pJace of~eginnlng. "- t . .. ,. ".~~ REAL ESTATE SALE NO. 3 Writ No. 2000-2941 Civil GMAC Mortgage Corporation VS. Donald G. Clark. Jr. and Kathy R. Clark. his wife Atty.: Thomas 1. Puleo DESCRIPrION ALL THOSE TWO (2) CERTAIN lots of land situate in the Third Ward of the Borough of Carlisle, Cum- berland County. Pennsylvania. bounded and described in accor- dance with a survey prepared by D. P. Raffensperger Associates. Registered Surveyors, dated July 25, 1984, a copy of whtch survey -- is attached to the hereinafter recited - deed, as follows: LOT NO.1: BEGINNING at an iron pin on the east building line of South Pitt Street. 97.4 feet south of the build- ing Une of West Willow Street. at corner of land now or formerly of Meals Estate; thence along land now or formerly of satd Meals Estate. Dunkleberger. and Roy Minter. South 83e 47' East 110.00 feet to a nail in concrete on the west side of a ten (10) foot public alley; thence _along the west side of said alley, South 60 IS' West 18.8 feet to -ail iron pin in the line dividing proper- ties numbered 513 and 515 South Pitt Street; thence along same and through the center of a partition wall dividing properties numbered 513 and 515 South Pitt Street. North 83' 47' West 110.00 feet to a point on 'rL- the east bOOding line of said South Pitt Street; thence along same. I North 60 13' East 18.8 feet to an I iron pin. the place of begtnning I HAVING thereon erected a vinyl ' siding dwelling house known and numbered as 51S South Pitt Street, Carlisle. Pennsylva..T1ia. LOT NO.2: BEGINNING at an iron pin on the t.. east side of the ten (l0) foot public alley above mentioned, 113.83 feet south of the building line of West Willow Street. at comer of land now I or fonnerly of Kline; thence South 83047' East 70.0 feet to an iron pm at comer of land now or formerly of Meals Estate; thence along same, South 60 13' West 15.0 feet to an I iron pm; thence along same, North 830 47' West 70.0 feet to an iron pin on the east side of said alley; thence along same. North 60 IS' East 15.0 feet to an iron pin, the I place of beg:tnn:1ng. .. - -~ ~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : 55. COUNTY OF CUMBERLAND : Roger M. Morgenthal, 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 27, NOVEMBER 3,10,2000 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 ofthe aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~l Roger M. Morgenthal, Editor - SWORN TO AND SUBSCRlBED before me this 10 day of NOVEMBER. 2000 I NOTAiiiAl SCAl '. I,! lOlS E. SNYDfIl, Notwy,~ ~orllsio ~ro, Cum~nd C;unty. PA My Co:nmlsslon Expires I<Acirch 5, 2001 J .'c" "-". , c , " ~- " ili' . THOMAS I. PULEO IDENTIFICATION NO. 27615 1710 WALTON ROAD, SUITE 206 BLUE BELL. PENNSYLVANIA 19422 (610) 941-6050 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COUR T OF COMMON PLEAS DIVISION " ," ;i~ '11 li ;1 Ji ;;i 'il " ,~I iJ ,I [I Ii ~ I, !j II !I i i I I GMAC MORTGAGE CORPORATION 500 Enterprise Road, Suite ISO Horsham, P A 19044 v. DONALD G. CLARK, JR. and KATHY R. CLARK, his wife 513 South Pitt Street Carlisle, PA 17013 TERM. No 00 - ';;'9'11 CiUL"L ~ CIVIL ACTION - MORTGAGE FORECLOSURE COMPLAINT "NOTICE "You have been sued in court. If you wish 10 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 writi~g 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 proce~ without you a~ a judgment may be entered against you by the court Wlth~ut furth~r notice for any money claimed in the compla;!)t or for any other claim or rehef . requested by the plaintiff. You may lose money or property or other nghts important to you. "YOU SHOULD rAKE rH'S PAPER ro YOUR LAWYER Ar ONCE. 'F YOU DO Nor 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. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 "AVISO -Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguienle5, uste~ tie~e veinte (20) dias, de plaza al partir de la fE.'cha d~ la demanda 'Ila notificatl6n. Hace falta asenlar una comparencla escnta,o en persona 0 con un abogado y entregar a la corte en forma escrita 5US defensas.o sus , objeciones alas demandas en contra de su persona. Sea aVlsado que 51 usted no se defiende, la corte tomara medidas y pu~de continuar la demanda en contra suya sin previo aviso 0 notificaclon. Ademas, la coarte puede decidir a favor del demandante y requiere que usted cu~pla con todas las provisiones de esla demanda. Usled puede perder dmero 0 sus propiEtdades U olros derechos importantes para usted. -LlEVE ESTA DEMANOA A UN ABOGAOO INMEDIATAMENTE. SI NO TIENE ABOGAOO 0 51 NO TIENE EL DINERO 5UFlCIENTE DE PAGAR TAL SERV'CIO, VAYA EN PERSONA 0 LLAME POR TEL~FONO A LA OFIC'NA CUYA D'RECCI6N SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR OONDE SE PUEOE CON5EGUIR ASl5TENCIA LEGAL Court Administrator 4th Floor, CUmberland County Courthouse Carlisle, PA 17013 (717) 240-6200 ~ .-. a. '.. '='" " ,> _.-> k _' THOMAS I. PULEO IDENTIFICATION NO. 27615 1710 WALTON ROAD, SUITE 206 BLUE BELL, PENNSYLVANIA 19422 (610) 941-6050 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY GMAC MORTGAGE CORPORATION 500 Enterprise Road, Suite 150 Horsham, P A 19044 COUR T OF COMMON PLEAS DIVISION v. TERM, DONALD G. CLARK, JR. and KATHY R. CLARK, his wife 513 South Pitt Street Carlisle, PA 17013 No CIVil.. ACTION - MORTGAGE FORECLOSURE COMPLAINT 1. Plaintiff, GMAC MORTGAGE CORPORATION, is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania., with offices at 500 Enterprise Road, Suite ISO, Horsham, Pennsylvania. 2. Defendants, DONALD G. CLARK, JR. and KATHY R. CLARK, his wife, are the mortgagors and real owners of premises S13 South Pitt Street, Borough of Carlisle, Cumberland County, Pennsylvania, hereinafter described, whose last known address is as stated above. I, i, " -1- Ii ., I ,. '~. .. -+~, '" -, '-l. , ~~,__,."'- ' ,-., ',.. 'd-, ~ LlI/o.%li":'",! 3. On the 25th day ofJuly, 1996, the above named mortgagors made, executed and delivered a mortgage upon premises hereinafter described to Harbourton Mortgage Co., L.P., which mortgage is recorded in the Office of the Recorder of Deeds for Cumberland County in Mortgage Book 1334 page 517. 4. The premises subject to the said mortgage is described in Exhibit "A" attached hereto and made a part hereof 5. The mortgage secures defendants' certain Note dated the same as the mortgage in the amount of $69,291.00 payable to plaintiff in monthly installments with interest at the rate of8.5% per annum. A copy of the said Note is attached hereto, made a part hereof and marked Exhibit "B". 6. On the 2nd day ofJanuary, 1998, the said mortgage was assigned to GMAC MORTGAGE CORPORATION, the plaintiff herein, which mortgage is recorded in the Office of the Recorder of Deeds for Cumberland County in Miscellaneous Book 581 page 361. 7. The mortgage is in default because the defendants have failed to make the payment of the monthly installment of principal and interest in accordance with the terms of the mortgage for the month of November 1999, and each month thereafter, up to and including the present time. 8. The following amounts are due on the mortgage: Principal Interest at 8.5% per annum from 10/1/99 thru 4/30/00 ($15.46 per diem) Late charges accrued thru 4/30/00 ($25.44/month) Escrow deficit (taxes and insurance) ($78.03/month) Attorney fee (5%) Title information certificate $66,375.15 3,292.98 152.58 17.07 3,318.76 325.00 Total $73,481.54 9. On January 20,2000, plaintiff sent to defendants by certified mail Notice ofIntention to Foreclose Mortgage in accordance with the provisions of Section 403 of Pennsylvania Act No.6 of 1974, -2- f..""',,"'" _n '" , '--0 -. -;.:' .c'-,_ .dif_~f1l~"- a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "C". 10. The aforesaid mortgage is insured under Title II of the National Housing Act, and therefore, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. WHEREFORE, plaintiff demands judgment in the sum of $73,481.54 plus interest, late charges, escrow amounts and costs to the date of judgment and foreclosure of the said mortgage. -3- _;"0;" _ ~~I!..JII: J '~ - " ,. -"J '. - ,~-- "~= '"' -, ;~ .'..... " '. :-.,',,:-- ',':. '.. .' . . '''" .' ,,', .::::::,.;:.;..,:.....:~.:..:..~ . . .'.'--: . ,'. .' '"':."'''.'. :.~:.,:"~:.' ,;,;;> .:/ ...":::.~,~~..." ...'. . """". . ..,.. DESCRIPTION ALL THOSE TWO (2) CERTAIN lots of land situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described in accordance with a survey prepared by D. P. Raffensperger Associates, Registered Surveyors, dated July 25, 1984, a copy of which survey is attached to the hereinafter recited deed, as follows: LOT NO. 1: BEGINNING at an iron pin on the 'east building line of South Pitt Street, 97.4 feet south of the building line of West Willow Street, at comer of land now or formerly of Meals Estate; thence along land now or formerly of said, Meills Estate, Dunkleberger, and Roy Minter, South 83047' East 110.00 feet to a nail in concrete on, the west side of a ten (10) foot public alley; thence along the west side of said alley, South 60 13' WeSt 18.8 feet to an iron pin in the line dividing properties numbered 513 and 515 South Pitt Street; thence along saine and through the cehter of a partition wall dividing properties numbered 513 ,and 515 South Pitt Street, North 830 47' West 110.00 feet to a point on the east building line of 'said South Pitt Street; thence along same, North 60 13' East 18.8 feet to an iron pin, the place of beginning. HAVING thereon erected a vinyl siding dwelling house known and numbered as 513 South Pitt Street, Carlisle, Pennsylvania. LOT NO.2: BEGINNING at an iron pin on theeas~ side of the ten (10) foot public alley above mentioned, 113.83 feet south of the building line ~f West Willow Street, at corner of land now or formerly of Kline; thence South 830 47' East 7d.Ofeet to an iron pin at corner of land now or formerly of Meals Estate; thence along same, South 6~ 13' West 15.0 feet to an tron pin; thence along same, North 830 47' West 70.0 feet to an iron pin on the east side of said alley; thenc.e along same, North 60 13' East 15.0 feet to an iron pin, the place ,of beginning. . . - EXHIBIT A - I~ ~"'-..- ; ,~, "L "i i !ii.".i;~i :1" ~'~;,i : d, i.i,'; li.li'~.li.lk'~~ll:il' JJL;b:: -. " -- h ~- 'C r... LOAN #: 0005198650 > Multlstate NOTE FHA C....No. 441-524492-1-703 203b JULY 25, 1996 [Date] 513 S PITT ST, CARLISLE, PA 17013 [Property Address! 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means HAlUlOURTON MORTGAGE CO., L. P . , A DELAWARE LIMITED PARTNERSHXP and its successors and assigns. 2. BO~OWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lel!.der, Borrower promises to pay the principal sum of SIXTY NINE THOUSAND ro IlllNDRED NINETY ONE I< 00/100 Dollars (U.S. $ . 69,297.00 ), plus interest, to the order of Lellder. Interest will be charged on UlIpaid principal. from the date of dlSbursemelll of the loan proceeds by Lender, at the rate of EIGHT AND ONE-HALF percent ( 8.500 %) per year until the full junount of principal has beel!. paid. .3. PROMISE TO PAY SI<;CURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrumel!.t that is dated the same date as this Note and called the "Security Instrumelll." The SecuritY Instrument protects the Lemler from losses which might result if Bon:ower defaults under this Note. ".. ,,; MANNER OF PAYMENT (A) Time Borrower shall'make a payment of principal and interest to Lender on the first day of each month beginning on SEPTEMBER 1, 1996. Arly principal and interest remaining on the frrst day of AUGUST 2021, will be due on that date, which is called the "Maturity Date." (B) Place Payment shaH be made at AURORA, CO 80014 by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ .557.95 . This =unt will be part of a larger monthly payment required by the Security Instrumelll, that shall be applied to principal, interest and other items in the order des~ribed in the Security Instrument. (0) Allonge to this Note fo~ payment adjustments If an allonge providing! for payment adjustments is executed by Borrower together with this Note, the covenants of the . allonge shall be incorporated into and shall amend and supplemelll the covenants of this Note as if the allonge were a part of this . Note. [Check applicable box] , 2530 SO. PARKER ROAD, STE. 500 or at such place as Lender may designate in writing , ! i I j i I I i I I , I I , I i I o Graduated Payment Allonge o Growing E4mty Allonge ! o Other [specify] S. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by thiS Note, in whole or in part, without charge or penalty, ol1,the first day of any month. Lemler shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by I.,ender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. FHA Multlstate FIxed Rate Note -10/95 ^ _IR '''''Il J! (J( , . VMPMORTOAGEFORMS-(BOO)52J-7291 __ ~ ~ Pqelof2 lot. ' - -- -- 0" I 111111111111 1IIIlIIIlI 1111;1111 1111 EXHIBIT B I - - ~~" .." . .,-~ ~ 'Ii ..,-'... LOAN #: 0005~98650 6.110RROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due. Lender may collecl a late charge in the amounl of FOUR percent ( 4 . 0 0 ~) of the overdue amount of each payment. (8) Default If Borrower defaults by failing to pay in full any monthly payment. then Lender may. except as limited by regulations of the Secretary in the case of payment defaults. require inunediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the cllSe of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, 'Secretary' means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable Jaw. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. 'Presentment" means the right tq require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. My notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor. surety or endorser of this Note is also obligated to do these things. My person who takes over these obligationS, including the obligations of a guarantor. surety or endorser of this Note. is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Anyone person signing this Note may be required to pay all of the amounts owed under this Note. iCt:G'C:;~_.''''MO'- ::.-'~J::O-27};:[ rl?:;"~ 'CLARK JR' ,Borrower ~ (Seal) (Seal) ~Borrower (Seal) I .Borrower , I I (Seal) I -Borrower I (Seal) I -Borrower I I I I . (Seal) -Borrower -Borrower (Seal) -Borrower ^.-lR (9600 Page2of2 _ . I "PAY'IV m~ ORDER OF GMAC MORTGAGE CORf'O::ATIpN WITL'()UT "-l"-'-U'''E :-~......,....... .. 1._ ,_...... :". .. "'ORTCAq/'.... P.ARS....F'v..'ll M'.fT 'A~: CO L" p't,"i:roii,f.: ...., . ' " i t.f J.~.:1 l:J.. .,.. . ~lCP ~. -'. HAi;8Q1J'TOii F'!"lh~G COR?JfAI':l!~ J{ SEAL \J ITS 'N~i\AL PARTN~R \ '-.0 1987 j"i '\ ~~..~tAW""~'" / "'~ ......... ....~ ,.....,..1;:,.......... "\..-- "'~OUT RECOUi<;o~ \'Ill" . '" PAY TO THE ORDf,R 0,' GMAC MORTGAGE CORPoRATION helle Fratzke, Afsistant I' ,. ""~~i..ili::dI.lj'II' ,I~J" I,ll i',"..a..li'~~U" l^, lii.1 ill.' J,~~lIjil.ili:~1 II~ I.., _ _ ~ , l_ - ' .~~"" ,. , GMAC ModllllgeCorporation P.O. Box 85071 San Diego, CA 92186-5071 3451 Hammond Ave P.O. Box 780 Waterloo, fA 50704-0780 NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE DATE: January 20, 2000 Servicing LOGAN B:...u- ,- ~Rft'- Mortgage CERTIFIED MAIL NO. Z TO: DONALD G. CLARK 513 S PITT ST CARLISLE, PA 17013 RE: MORTGAGE LOAN NUMBER: MORTGAGED PREMISES: 305286353 513 S PITT ST CARLISLE, PA 17013 This company is the holder of the FIRST MORTGAGE (AND NOTE) on the above premises, or is the mortgage service agent for such holder. (Hereinafter referred to as we, us or ours). As of the date .of this notice, THE MORTGAGE IS IN SERIOUS DEFAULT because you have not made the November 1, 1999 and subsequent monthly payments as listed, and/or for other reasons as indicated below: * 1 payments @ $635.98 $635.98 2 payments @ $635.26 $1,270.52 Accrued late charges....................,......,.,. $76.26 NSF Check Fees..........................,........... $0.00 All other fees accrued to date...........,........,,$O.OO * Less available suspense credits .,..........,.,....,$0.00 The total amount now required to cure this default, or in other words, get caught up in your payments as of the date of this letter is....................,.,........... ..$l,982,76 You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount, plus any additional monthly payments and late charges which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at, or sent to: 3451 Hammond Avenue, P.O. Box 780, WaterlOO, IA 50704,0780. If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to payoff the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay EXHIBIT C :S5-BRCHPAC (Page 1 of 2) - .-" ,. - dl I ~ , January 20, 2000 Page 2 305286353 off the debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. Remember you are also responsible for keeping all real estate taxes current. We may also sue you personally for the unpaid balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage.). It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately one'hundred and fifty (150) days from the date of this letter. A notice of the date of the Sheriff's sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: 1,800,850-4622. The payment must be in cash, cashier's check, certified check or money order and made payable to us at the address previously stated. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. NOTICE ' This is an attempt to collect a debt and any information obtained will be used for that purpose. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, (AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THE RIGHT MAY EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. DMS5'BRCHPAC (Page 2 of 2) GMAC Mortgage Corporation P.O. Box 8507f San Diego, CA 92186-5071 3451 Hammond Ave P.O. Box 780 Waterloo, IA 50704,0780 NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE DATE: January 20, 2000 Servicing CERTIFIED MAIL NO. Z TO: KATHY R. CLARK 513 S PITT ST CARLISLE, PA l7013 LOGue Mortgage RE: MORTGAGE LOAN NUMBER: MORTGAGED PREMISES: 305286353 513 S PITT ST CARLISLE, PA l7013 This company is the holder of the FIRST MORTGAGE (AND NOTE) on the above premises, or is the mortgage service agent for such holder. (Hereinafter referred to as we, us or ours). As of the date of this notice, THE MORTGAGE IS IN SERIOUS DEFAULT because you have not made the November l, 1999 and subsequent monthly payments as listed, and/or for other reasons as indicated below: * 1 payments @ $635.98 $635.98 2 payments @ $635.26 $l,270.52 Accrued late charges......,....,................... $76.26 NSF Check Fees...,...............,.................. $0.00 All other fees accrued to date......................$O.OO * Less available suspense credits ................. ...$0.00 The total amount now required to cure this default, or in other words, get caught up in your payments as of the date of this letter is,.................................. .$1,982.76 You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount, plus any additional monthly payments and late charges which may fall due during this period. Such payment must be made either by cash, cashier'S check, certified check or money order, and made at, or sent to: 345l Hammond Avenue, P.O. Box 780, Waterloo, IA 50704,0780. If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay DMS5'BRCHPAC (Page 1 of 2) '. , ;,. :;;, ~~ . "._w ~~~"llf" } January 20, 2000 Page 2 305286353 off the debt, If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs, If you cure the default within the thirty day period, you will not be required to pay attorney's fees. Remember you are also responsible for keeping all real estate taxes current. We m~y als? sue you personally for the unpaid balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney'S fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately one-hundred and fifty (150) days from the date of this letter. A notice of the date of the Sheriff's sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: 1,800'850,4622. The payment must be in cash, cashier's check, certified check or money order and made payable to us at the address previously stated. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. NOTICE ' This is an attempt to collect a debt and any information obtained will be used for that purpose. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, (AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED), CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THE RIGHT MAY EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. DMS5'BRCHPAC (Page 2 of 2) - """"''''''i'i}W! , VERIFICATION LEE MANNING hereby states that s/heis Asst. Vice-President of GMAC Mortgage Corporation, mortgage servicing agent for Plaintiff in this matter, that s/he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure Complaint are true and correct to the best of her /his knowledge, information and belief. The undersigned understandsthat this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsification to authorities. cdef11ti M/V'T LEE MANNING, ASST. v. E-PRESIDENT DATE: 5/4/00 S. DIXON ~ Comm, # 1114779lJl NOTARY PUBLIC. CALIFORNIA San Diego County : x ir.. Oct. 26,2000 iiI~",,""lol,l''''~'-I2lii~~!!.liillflBit'.wuMWi~~~llJi!:lJ{,1fil!J~~'~~~-~.''' ~"~~. ~~g ..c~1 ~ 0 :i:J ~-$r J - ~- ,~ ..~~IIil!i'JitIl!'i... "~- ~ -kL ..z:: h~ o Vl o () I ~ 9-- II o c <-~ -rJ tjj lY\n.~ L:JJ zr- I~ 2-: -,,"' -< --iIIiiiIl.UiIIiiiiI_" o c:> :X ::';':!JJ >.< 'u ;:.: ry ... (.,) , o --n .-, :T:: r-.">1 <'F -orn :00 ,,' ~==4C' I "T', ;-S:"'""i1 '"'i-() oiTl :;;;! :D -<: G -. - , ,..;- ""';'i , F THOMAS I. PULEO Identification No. 27615 1710 Walton Road, Suite 206 Blue Bell, PA 19422 (610) 941-6050 GMAC M)RTGAGE CORPORATION Attorney for Plaintiff : CUMBERLAND COUNTY COURT OF COMMON PLEAS v. DONALD G. CLARK, JR. and KATHY R. CLARK, his wife No. 00-2941 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO Donald G. Clark, Jr. Kathy R. Clark 513 South Pitt Street Carlisle, PA 17013 Your real estate at 513 South Pitt Street, Carlisle "Pennsylvania, is cheduled to be sold at Sheriff.'s Sale on Wednesday, December 6, 2000 , at 10:00 a.m., CumberlandCo1.inty Courthouse, 2nd Floor Commissioner's Hea:ing Room, Carlisle, PennsylvCll')ia, to enforce the court judgment'Of $ 74,600.62 .obtall1ed by GMAC Mortgage -CorporatlOn against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to GMAC Mortgage Corporation the amount of the back payments, late charges and reasonable attorney's fees due. To find out how much you must pay, you may call: (~(610) 941-6050. 2. You may be the Court to strike improperly entered. for good cause. able to stop the sale by filing a petition asking or open the judgment, if the judgment was You may also ask the Court to postpone the sale 3. You may also be able to stop the sale through other legal proceedings. ~ - , , ~,. :',>~~_';"";""'_.:.L,~':"'.i..:_.___. -. "". - -- _~_"~,,",____ n'._.____L_ - ~J:~~""~ : ./' .....,. You may need an attorney to assert your rights. The sooner you contact one, the more chances you will have of stopping the sale. See notice on page two on how to obtain an attorney. YOU ~1AY STILL BE ABLE TO SAVE YOUR PROPERTY AND HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE I. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price by calling - (717) 24D-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. the full may call The sale will go through only if the buyer pays the Sheriff amount due in the sale. To find out if this has happened you MU6-3535. 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. amount buye r. you. You have a right due is paid to the At that time, the to remain in the property until the full Sheriff and the Sheriff gives a deed to the buyer may bring legal proceedings to evict 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 on a date specified by the Sheriff not later than thirty (30) days after 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 aftet the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 II -2- -~ ~~.. l...=.~ SHERIFF'S RETURN - REGULAR . , CASE NO: 2000-02941 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS CLARK DONALD G JR ET AL GERALD WORTHINGTON --j. ~.- O,~~"i , Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE CLARK DONALD G JR was served upon the , 2000 DEFENDANT , at 0014:40 HOURS, on the 19th day of May at 513 SOUTH PITT ST CARLISLE, PA 17013 KATHY R. CLARK by handing to a true and attested copy of COMPLAINT - MORT FORE NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31.10 ~ Sworn and Subscribed to before '.~: me this IAk day of c;)uJd ~ A.D.' (\. ..N. (1 fI",UO;~~ ----rJ;;;thonotary , So Answers: ~~~~t:~'~ . Thomas Klin OS/23/2000 THOMAS I. PULEO BY:A~t.)~ Deputy S iff - , "", - ' , ~ " - .' "- iI.,L_~, SHERIFF'S RETURN - REGULAR . l. CASE NO: 2000-02941 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS CLARK DONALD G JR ET AL GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CLARK KATHY R the DEFENDANT , at 0014:40 HOURS, on the 19th day of May , 2000 at 513 SOUTH PITT ST CARLISLE, PA 17013 by handing to KATHY R. CLARK a true and attested copy of COMPLAINT - MORT FORE together with FORECLOSURE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So ;;:.__~~ R. Thomas Kline OS/23/2000 THOMAS I. PULEO Sworn and Subscribed to befOre BY~Rd I~~ Deputy S ff me this I~ day of ~ .2lrv-D A.D. ~~En~~ ~lI6iIIIllI~ ..~~~ ~~ - .1 - " '- ~ ~~ ,- ~ - -1-" _, - - ,._n'_ ~-,~" THOMAS 1. PULEO, ESQUIRE Identification No. 27615 1710 Walton Road, Suite 206 Blue Bell, PA 19422 (610) 941-6050 :, - .. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION v. : No. 2000-2941 Civil Term DONALD G. CLARK, JR and KATHY R CLARK PRAECIPE FOR JUDGMENT Enter judgment in favor of the Plaintiff and against the Defendant(s) for want of an answer and assess damages as follows: Principal Debt Interest from 10/1/99 through 6/28/00 Late charges accrued through 6/28/00 Escrow deficit Attorney fees Title information certificate $66,375,15 4,205.12 203.46 173.13 3,318.76 325,00 Total $74,600.62 I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe. A copy of the notice is att . Pa.R c.P. 237.1 ~..,.j,. . THOMAS 1. PULEO, ESQUIRE Attorney for Plaintiff AND NOW Ju.ly Ii> ' 2000, Judgment is entered in favor of plaintiff and against defendants and damages assessed as per the above certification. At' (Loit ) kl- ~ 0<- P othonotary T .'<' ~ i- 11III.- ..;.~-.;,.~~~.., ~ ~"-~,-" . ._," .",'~, ..~, i~;jjllr~I~~'~.""-<' -.lIIIilf""""L ..~ - ,;':~'. ". .' '" " ,-., .- ~ . 0 c::i <;J C (;:) , , s. -- ~ -0 U-:i -.!.:: HlfYi r- z:u '-q Z\"-- ;"-' ~:"-' CD ,'-, ,-.._, C' -"1] ~.-\:\ ~,-"' . , ~" C) ~"'.-' ;.~n-: :!=CI Jc~C ~ :::J ~~ CO -<, ""'""'~..~~....~_...... ,-- ^~-""b THOMAS 1. PULEO, ESQUIRE Identification No. 27615 1710 Walton Road, Suite 206 Blue Bell, PA 19422 (610) 941-6050 ,;4t .. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA , CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION v. : No. 2000-2941 Civil Term DONALD G. CLARK, JR and KATHY R CLARK To: Ms. Kathy R Clark 213 South Pitt Street Carlisle, PA 17013 Date of Notice: June 12, 2000 NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT UNDER PaRC.P.237.1 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOu. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY AND 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: COURT ADMINISTRATOR 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 .' L~ dj' ~' " li/?1t#A/uuJ THOMAS 1. PULEO Attorney for Plaintiff I ~ : ' iilrt!IiI_Ili~~:l:lijI>il~ilf...iii1llliii~'~<--.~"','iI '1'--t~g'iI!~lt.~ilQ!t~~~;..._l~ "'"" ..",- ,--, ~.. ,- -.> ~ -, .' ~ ~ln n1r~ .1. o c < -00-' ITlrr'; Z::t~ ZC"' (J).L:: ~C~I 'J-;:.~ L(~ Pc Z =< '~~"-_iIliLi ~m. 'II I o a c= r-- , ';--, C') 'Y -n .?~ i~rn ~r::,' ::0 -< -;-,' r. o 00 .<.::-- . -~,'" . "I . ,,~ . '. ~ "-~ . ~ '''' ii,~ THOMAS 1. PULEO, ESQUIRE Identification No. 27615 1710 Walton Road, Suite 206 Blue Bell, PA 19422 (610) 941-6050 ,,- .' Attorney for Plaintiff IN THE COURT OF COMM:ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION v. : No. 2000-2941 Civil Term DONALD G. CLARK, JR and KATHY R CLARK To: Mr. Donald G. Clark, Jr, 213 South Pitt Street Carlisle, PA 17013 Date of Notice: June 12,2000 NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENTUNDERPaRC.P.237.1 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOUHAVEjFAILEDTOENTERA WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY AND 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: COURT ADMINISTRATOR 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 t/) ,,)/ .141;f;'tL/ J~ /{UC~ THOMAS 1. PULEO Attorney for Plaintiff I _...~- ~ . ...~--...'Ii~:W'~~IlIiWJ-~~!il;~~~~.<'''''' . -' , -- ~""'~-~lIi=b".-~. 1__ .~-~" ~1l'11~~~'~ - ~""" r -, 0 C:1 0 C c...i "rj ~ f:J ~ 'iQ. v5~ ;::= :::;:! ...0 nl\T ~,-"~ ~ 2~--~ ;-- '-;:i~ . fJ::. 8 ;-:::t-- --:~:;-q ~:/ <-'0 .' ~-' c_'" J !:,::':C> ..:~() rr ~ ~ " -n . .- "~'; :ZC) -,~_. :iJ '\) ~ j;Q 0 - 1::- ::Jrf"l ~ ...0 L j Z ;,:.----1 ~ ::.) 5~ ""'0 ~ co -< tr - K , L, -- , - . -C.P. .u-P PRAECIPE FOR WfU T UP ~^e:;,~u i U.Jt"ol ~ommonftttalf4 of '~nn5~htania COUNTY OF CUMBERLAND COURT OF COMMON PLEAS YO. Term, 19 NO.00-2941 Civil Term GMAC M)RTGAGE CORPORATION DONALD G, CLARK, JR. and KATHY R.CLARK, his wife PRAECIPE' FOR: WRIT OF EXECUTION TO THE PROTHONOTARY: I ssue Writ of Eucution in the above matter:' Amount due $.74,600.62 ,. f 6/28/00@12.27ptlrdiem:$_ "terest rom "P , .-', (Co sts to be odded) $ 116.60 AUom yes) for Plainti!f(s) Thomas I. Puleo Mortg:Clg. For.dolyr. Ground R.nt (R.m) 5-48 (Rev. 1/80) J ~_IlI&Ii' '1IlIiI1.~il~~m:lM;N"I~~lil~'i>~'~~~~""i..-- 'i.&i!JillllIlIlY.iIlMi1JiiIr' 1 .- WlIilliiI <'~ ~-, < "1 I, :1 Ii II I II ~ ~ ~ ~ ..... ~ ~ ~ ~ ..0 ~ 00() UJ . ;-.... .... ..... ~ . t' . . 8 . fI1 8 - 8 d D .... . 0 0 0 C) ~ , 0 c- o .' ~ f I ""r.J$: -~ I "I', r_- !.- rn'Cc: ~ ~ ~-v ?: ;-~,,' "- ..... l'- , , ZF' ....0 ,..... t:, p:: O)L.r-, -1",'1 -..0 ... , ... c<-. C--:> -, : l~'J ~ ~ ... ... ~ ~C:i .. , - _!\.~1 .~ ~(-.., .-i", .. ''-1':5 .:: -'-' , ~ ~ S>c .r~- G'i(~~ ~ .:?" ::;'! D ::..:-1 ..> 0.) :0 c< - ~. ,-. .,--~ "~-'- ~ '- ' ~---1~~-~ THOMAS L PULEO, ESQUIRE Identification No. 27615 1710 Walton Road, Suite 206 Blue Bell, PA 19422 (610) 941-6050 Attorney for Plaintiff IN THE COURT OF COMMDN PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA , CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION v. : No. 2000-2941 Civil Term DONALD G, CLARK, JR and KATHY R. CLARK AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF MONTGOMERY THOMAS L PULEO, being duly sworn according to law deposes and says 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; That Donald G. Clark, Jr. is over 21 years of age, resides at 513 South Pitt Street, Carlisle, Pennsylvania, and is employed by/as unknown. That Kathy R Clark is over 21 years of age, resides at 513 South Pitt Street, Carlisle, Pennsylvania, and is employed by/as unknown. 4 . /1. :.-) ~JJAJ THO S L PULEO Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS 12th DAY NOTARIAL SEAL , ISA A. KANE. Notary Public b M t amery County Wi'lltpa,n Twp.. on 9 M 21 2001 M Comm....on E. Ires a . ".IIi! . J .~ "__\i_~J!liiliilli~~~U~UJl!~l8@~~ii~----"";"1 '~ - , '.. .'.Ililii&1'Zl' AI' ~, I ~l - .~ 0 \:.'? C 0 (~ <"" '"n (Jr-;""; , m.;'. ~ ;Z1'1 -(., , -. , , 2F': ,,"3'[:>'0. C) rn ~~( CJ , ~"D . (,:; sf;g ::1-:.:- ~)E~ ,- 2=51T1 --I :::) S"'1 -<; t".b :C.l -< - . :, ~ """'~~~"'1" ;;. ...-"" THOMAS I. PULEO Identification No. 2761~ 1710 Walton Road, Suite 206 Blue Bell, PA 19422 (610) 941-6050 GMAC M)RTGAGE CORPORATION Attorney for Plaintiff CUMBERLAND COUNT:Y COURT OF COMMON PLEAS v. DONALD G. CLARK,' Jr. and KATHY R. CLARK No. 00-2941 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 THOMAS I. PULEO, attorney for 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 513 South Pitt Street , Carlisle , Pennsylvania: 1. Name and address of owner(s) and reputed owner(s): Donald G. Clark, Jr. Kathy R. Clark 513 South Pitt Street Carlisle, fA 17013 2. Names and address of defendant(s) in the judgment: Donald G. Clark, Jr. Kathy R. Clark 513 South Pitt Street Carlisle, PA 17013 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Debbie Enterprises, Ltd. 11-17 Railroad Avenue Mechanicsburg, PA 17055 -1- " .AI" .'~-'~i~'i -' .. 4. Name and address of the last recorded holder of every mortgage of record: None other than executing mortgagee. 5. Name and address of every other person who has any record lien on the property: 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: Dorrestic Relations Office Cumberland County 13 N. Hanover Street Carlisle, Pl\. 17013 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: None. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. r understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 54904 relating to unsworn falsification to authorities. Date: JUly 11, 2000 TH AS I. PUL 0 Attorney for Plaintiff irIIiIi~_,j"""'".H l-."~lll;~~jW~~~li!O'~~_II!_. ~ !!!III," ~-'"~. .''''''- ~~ c,.~" ~. .. . ~ >-~ -->- - l'2.,""",,~ .~-'~-- ~,~, "~~~~"" 0 C::J c: C () ". ~ " ; :-0 i-:::"~'. . rn;:..~: ;:::::: -, j~;; n - , , :1 CD ~ I-';.~:'" ~t...--.) :.0' C) ~C) -I'I SO _..... , ;;r;1 .- , -' c: JO:-- e) rn z .c-< -~ ,~ ;-:;,. -< u:;; _D ~~ II , ~ '~-<~~li!!'i!l'r"--: h '" Thomas L Puleo, Esquire Identification No. 27615 1710 Walton Road, Suite 206 Blue Bell, PA 19422 (610) 941-6050 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC M)RTGAGE CORPORATION v. No. 00-2941 Civil Term DONALD G. CLARK, JR. and KATHY R. CLARK, his wife AFFIDAVIT OF SERVICE I, Thomas L Puleo, Esquire, attorney for plaintiff, being duly sworn according to law, deposes and says that hemailedbyordinEUiX.mail a No~e~~e pursuant to Pa. RC.P. 3129.2 upon the persons listed below on the -,cJday 0(J~ , 2000 as evidenced by the U.S. Postal Service Certificate of Mailing (Form 3817), which is attached hereto as Exhibit "A": Debbie Enterprises, Ltd. 11-17 Railroad Avenue Mechanicsburg, PA 17055 Domestic Relations Office Cumberland County 13 N. Hanover Street Carlisle, PA 17013 THOMAS L P LEO, ESQUIRE Attorney for P aintiff SWORN TO AND SUBS~D BEFORENEilljIS 70 DAY FU~, 2000. NOTARIAL SEAL LISA A. KANE, Notary Public Whltpaln Twp., Montgomery County My CommIssion EX,.xes May 21, 2fi01 - . -- ... .. .. u. ~ .",:of 1i.p~-fl.+:~~\1i+"\if{>-:s-l:l m1 ~ ~ , 'I l.f} cg ~Il ~ .~ r.a~~~g""n ~ .~\;~~~~g; ~A~\1:t~~~ l~\~-~ /~ ~ 4.) II., ;:' Q 1 \\.Y' 0 il'OO" !. 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EUD ftli5. .x 2!t-o w(f) ~2~~8~ Q) 0 ~iii- E (:. ~'E ~oi! cc~~~o l'lIQ"'t) 0;:;.2 E g.&-~~' -g~ES<.o .... ::l0-- oS e.n ....S .!!.l~'j(fX.2 c- ~~ ~.!!.l~ ~ raIllQlc:JV,lOl cl!t::c'Ce g ~ . ~i ~ ~~ 8 ~riU ~~~.::-C;;o ;s~'~~g a~~~g~ g E :U.!:~'E ::l:) C.E Ill:: E g>!::)E ~ C3.!1i 0'00._ fll_ GJ u.8'~<-e 1ij:g1l'j E'~ ~! c=w Q)~ f\!1Il o g,ot:.~~ l3 ... "GJ_ --13 ~g'E8'::l~.c :)0= E<"C g.= ftl~8'iai5 ;;; o9.J!1Gl.a'; '-6- Gl GJ'::' c Gl=lilu(/)!;;Ill .2 u:cc . ~'C ~2:)e8Je~ c _UiU'Jiilc.s- Q) OCQlC!Cll..e c. Cg~';~lII~ ~ ....a._!2.S~ 5 C :O~:U~S~~ '0 1r:c.28E8:: c. 't;l98l:!c.otll 2!~E~8& ~ 1:1 ~~,=g'C:o '- F=l1.J!1~g.lij'5 ~ t: . OJ" " S Q. ~ Ol .~ ';; u ~ - <:> " E il! ~ Q; 0. ~ " ;; " E ~ 0. . ." ~~ c:~ -. 00 ,,,- 0- ~m ,-0 z.~ -0 s~ ~o: " ... ~ ~ .~ 0 c. , - 0 0-0 'c 00 ~~ '.0 Z-g LO a.i! ~ >--' -~ 0) - - Jij;t~~, ... <; * I ~ A f 0- J c1 ? .: ~ li " Q. ~ >- -" " " ;; ii E <:> U .. -" ;; ::0 ::i E ~ o u. c:- " 2 -" " u. ro: r-- 00 '" E o u. Ul 0. liMit;' .' ~~'"".__lII!!~I\ilIll'ill~~"'~~i~MiI!;iiI<,Ji;~~i~;;o;i"'''- - ~"~dilllli~- ~~ . - / ~;;:::::-:~:::,!';;?;'::\ , 'M, 'ih.,..,' . '."\"" \\' t';~:'l '-~r/ \,,~"'1) ''. ,~, --"ifo,ltY " ",:~~~~-,..~;;"", o s;;; ~~tf: my ~~~ J>~-' '- 2: ~ -- ... , CJ C) ',~ : :;t':: :~:-:' l~',) CO ;,.) 10 "-' -; -.,...< 15 -< ~ - ~~'= ,i'; DESCRIPTION ALL THOSE TWO (2) CERTAIN lots of land situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described in accordance with a survey prepared by D. P. Raffensperger Associates, Registered Surveyors, dated July 25, 1984, a copy of which survey is attached to the hereinafter recited deed, as follows: LOT NO.1: BEGINNING at an iron pin on the east building line of South Pitt Street, 97.4 feet south of the building line of West Willow Street, at corner of land now or formerly of Meals Estate; thence along land now or formerly of said Meals Estate, Dunkleberger, and Roy Minter, South 83047' East 11 0.00 feet to a nail in concrete on the west side of a ten (10) foot public alley; thence along the west side of said alley, South 6013' West 18.8 feet to an iron pin in the line dividing properties numbered 513 and 515 South Pitt Street; thence along same and through the center of a partition wall dividing properties numbered 513 and 515 South Pitt Street, North 830 47' West 110.00 feet to a point on the east building line of said South Pitt Street; thence along same, North 60 13' East 18.8 feet to an iron pin, the place of beginning. HAVING thereon erected a vinyl siding dwelling house known and numbered as 513 South Pitt Street, Carlisle, Pennsylvania, LOT NO.2: BEGINNING at an iron pin on the east side of the ten (10) foot public alley above mentioned, 113.83 feet south of the building line of West Willow Street, at corner of land now or formerly of Kline; thence South 830 47' East 70.0 feet to an iron pin at corner of land now or formerly of Meals Estate; thence along same, South 60 13' West 15.0 feet to an iron pin; thence along same, North 830 47' West 70.0 feet to an iron pin on the east side of said alley; thence along same, North 60 13' East l5.0 feet to an iron pin, the place of beginning. .