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Home My WebLink About00-04325 THOMAS I. PULEO IDENTIFICATION NO. 27615 1710 WALTON ROAD, SUITE 206 BLUE BELL, PENNSYLVANIA 19422 (610) 941-6050 ATTORNEY FOR ,-,'-. I" J ~,' _ j [ ,'. '-,,," "~', PLAINTIFF GMAC MORTGAGE CORPORATION 500 Enterprise Road, Suite 150 Horsham, P A 19044 v. BETTY J. NELSON, her unknown personal representatives, heirs or devisees 133 South Enola Drive Enola, P A 17025 CUMBERLAND COUNTY COUR T OF COMMON PLEAS DIVISION TERM, No. 00 - 4J;J.,S CjlJ~lk. CIVIL ACTION - MORTGAGE FORECLOSURE COMPLAINT "NOTICE "You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take action ~ithin tw~nty (20) days after this complaint and notice are served, by entenng a wntlen appearance personally or by attorney and filing in writi~g with the court your defenses or objections to the claims set forth agam.st you. You are warned that if you fail to do so the case may procee~ Without you an~ a judgmenl may be enlered againsl you by the coul1 Wlth~ut furth~r notice for any money claimed in the complaint 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 TAKE THIS PA!)ER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAVVYER 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 astas demandas expueslas 6:1las paginas siguientes, usled tiene veinte (20) dias, de plazo al partir de Ca f~cha d~ fa demanda y /a notification. Hace falla asenlar una comparenclB escnta 0 en persona 0 con un abogado y entregBr a la corte en forma escrita sus defensas .0 sus . objeciones alas demandas en contra de su parsona. Sea BVlsado que 51 usted no sa dafiende. la corte tomara madidas y puede conUnuar la demanda en contra suya sin previa aviso 0 notificacion. Ademas. la coarte puede decidir a favor del demandante y requiers que usted cU!llpla con todas las provisiones de esta demanda. Usted puede parder dmero 0 sus propiedades u otros dereches importantes para usted. -LLEVE EST A DEMANDA A UN ABOGADO INMEDlA T AMENTE. 51 NO TIENE ABOGADO 0 SI NO TIENE El D1NERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA 0 lLAME POR TElt::FONO A LA OFICINA CUYA DIRECCl6N SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 'Iii;: 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 COURT OF COMMON PLEAS DIVISION v. TERM. BETTY 1. NELSON, her unknown personal representatives, heirs or devisees 133 South Enola Drive Enola, P A 17025 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 150, Horsham, Pennsylvania. 2. Defendant, BETTY J, NELSON, her unknown personal representatives, heirs or devisees, i il II is the mortgagor and record real owner of premises 133 South Enola Drive, Township of East Pennsboro, Cumberland County, Pennsylvania, hereinafter described, whose last known address is as stated above. I ',I II -1- ~ ~,. o ,_ ".' '^'''' . - ,W "-~"."<-- "'"~~ 3. On the 19th day of February, 1999, the above named mortgagors made, executed and delivered a mortgage upon premises hereinafter described to Accubanc Mortgage Corporation, which mortgage is recorded in the Office of the Recorder of Deeds for Cumberland County in Mortgage Book 1522 page 28. 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 $76,860.00 payable in monthly installments with interest at the rate of7% per annum. A copy of the said Note is attached hereto, made a part hereof and marked Exhibit "B". 6. On the 1st day ofJune, 1999, the said mortgage was assigned to GMAC MORTGAGE CORPORATION, the plaintiff herein, which assignment is recorded in the Office of the Recorder of Deeds for Cumberland County in Mortgage Book 641 page 154. 7. The mortgage is in default because the defendant has 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 January 2000, and each month thereafter, up to and including the present time. 8. The following amounts are due on the mortgage: Principal Interest at 7% per annum from 12/1/99 thru 5/31/00 ($14.63 per diem) Late charges accrued thru 5/31/00 ($22.31/month) Escrow deficit (taxes and insurance) ($46.28/month) Attorney's fee (5%) Title information certificate $76,279.58 2,677.29 117.59 132.45 3,813.98 325.00 Total $83,345.89 9. On March 20,2000, plaintiff sent to defendant by certified mail Notice ofIntention to Foreclose Mortgage in accordance with the provisions of Section 403 of Pennsylvania Act No.6 of 1974, ii 'II II II -2- ~ ,~~" -,,~>-, ,.-I,',,~~-. __" ~ "~,,.,~ !~'" a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "e". 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 $83,345.89 plus interest, late charges, escrow amounts and costs to the date of judgment and foreclosure of the said mortgage. THOMAS I. PUL Attorney for Plaintiff ii II II -3- "'~ , .,-, ~, ....""""...1 III, _I Ili-i I'I~ 1,1I,lliii..oIi~-",'i~: ~...' """>~J"~'"'W;",,,:,'i-<'h"~"lt_ L I , DESCRIPTION ALL THAT CERTAIN lot or piece of land with the building and improvements thereon erected situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the western line of the State Road, also known as Enola Drive, at corner of lands now or formerly of Edward Eichelberger; thence in a northerly direction along the northern line of the State Road 15 feetto a point at corner of lands now or formerly of Donald F. and Mary A. Byers; thence in a westerly direction along said lands to a point in the center line of the partition wall of the double two and one-half story frairie dWelling erected in part on the lot hereby conveyed and in part upon the lot adjoining on the North; thence in a westerly direction along the center line of said partition wall by said lands now or formerly lof Byers a distarice of 150 feet more or less to a point on the eastern line of Second Street; thertce in a southerly direction ~long the eastern line of Second Street 12.3 feet to a point on lands now or formerly of Edward EiChelberger; thence in an easterly direction along said Eichelberger lancl~ 150 :feet to State Road the point and place of beginning. BEING the southern portion of Lot No.1 on the Plan of Lots of Henry Bender Estate, said Plan being recorded in the Office of the Recorded of Deeds in and for Cumberland County in Plan Book 1, page 40. HAVING THEREON ERECTED the southern half of said double two and one-half story frame dwelling house known as 133 South Enola Drive, Enola, Pennsylvania. Tax Parcel # 09-15-1291-126 . . EXHIBIT A ";; 'I_'M ~mm No: l't9or~r: 088421132 Bl;:ITY J. NELSO. . D... 10: 191 I PHA OoR No. 441-5905868 703 NOTE February t 9, 1999 rR,,~ERTIFIE/J 'O&E:/, ~- ANn CORRECT cor" 133 S. ENOLA DRIVE ENOLA, PENNSYLVANIA 17D25 (Propllr1y Addreul I. I'AI\TIFS ~BOfrower" means each per30n signing at the end or (his Note, and the person's successors and assigns. "Lender" means ACCUBANC MORTGAGE CORPORATiON and its successors and assi,gns. 2. llOItROWER'S PROMISE TO PAY, INTEREST l~ ,rf:.turn for ~ loan received fro~ Lender, Borrow~r promises to pay the principal sum of SEVENlY.SJX THOUSAND EIGH I UUNDRlm SnCIY and NO/IIIlI Oollau (U.S. S 76,8611.0U ). plus intere.~t, to the order of Lender. Interest will be charged on unplIicl principlll, from Ihe dntc of diihurScmcnl of Ihe k>a" procccd~ by Lender, III rhe nile of $JrYEN percenl ( 7.IHIO % ) per year until the l'ullllmount of principal has been paid. J. PROMISE TO PAY SECURED Borrower's promise to pay is secured. by a mortgage, deed oftrust or similar security instrument thllt is daled the same date as tbis Note and caned rhe "Security Instrument. ~ The Security Instrument protects rhe Lender from losses which might re;ult if Borrower defaulL~ under thi... Note. 4. MANNER m' PAYMENT (A) TIme Borrower shall make a payment of principal and interest 10 Lender on 'he first day of each. month beginning on April 1, 1999. Any principal and interest remaining on tbe first day of March, 2029, will be due on thai date which is called the "Maturity Date~. ' (B) Pille. Payment shall be- made at In77 MERIT DR, #600, PO BOX 809089, DALLAS, TEXAS 75251, or at such place a:; Lender may designate in writing 'by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in Ihe amount of U.S. $ 511.35. This amount will be pari of a larger monthly payment required by the Security In.mument, thal shall be applied to principal; inlerest and other items in the order described in the Security lnstrument. (Il) Allonge to This Note for Payment Adjustments If an allonge providing for payment adjU&lmenLS is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box.] o Graduated Payment Allonge 0 Growing Equity Allonge 0 Other (Specify] s. BOllROWER'S RIGHT TO PREPAY , Borrov,;-er has the right to pay tbe debt evidenced by this Note, in whole or in' pari, without charge or penalty, on rhe lir.! day of any man/h. Lcmk:r sh.91J flCCcpr prepaymelll on ather days provided that porrowes ,pays inlcresr on the amount prepaid for the remainder of the month ta the extent required by Lender and permitted by ~e~ulalions of the Secretary, If Borrower makes a partial prepayment there will be no changes in the due dare or in the amount of the monthly payment unless Lender agrees in wriling to those change.~. 6, nOlu~oWtm..s !<'AU.URE '1'0 l-'AY (A) late Charge (or Overdue Payments If Lender bas not received the futl monthly payment required by tbe Security Instrument, as described in Paragraph 4(C) of this Note, by the end of FIFTEEN calendar days after the payment ~ due, Lender may collect 8 late charge in the amount of 4.00 % of the overdue amount of each payment. (8) Od'oull If Borrower dcraults by railing to pay in rull Bny monthly payment, then Lender may, excep~ as limited by regulati()ns of the Secrela!)' in the case of payment defaults, require immediatc payment in futI 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 ot any subsequent default. In many circumstance$ regulations issued by the Secretary willlimil Lender's rights 10 require immediate payment in full fn the case of payment defaults. This Note does not authorize accele~tion when not permiUecd 'by HUD regulalions. As used in this Note, ~Secretary" means the Secretary of HOUSln& and Urban Development or his or her designee. (C) Payment of Costs Rnd Expenses '. If Lender bas l"~uir~ immediale paymenl in fuIJ, 8! described above, Lender may require Borrower 10 pay costs and expenses including reasonable and customary attorney:;' fees for enforcing ttits Note to the extent nOI pro~ib~leu by applicable law. Such fees and costs shall bear interest Cram the date of dabursemenl atlhe same rale as the pnnclpal of this Note. MULTISTATE FHA NOTE (Pogo 1 of 2 PDg6S) 10/9$ 111I1I1I111I111I11I111I~IIII111I1I1II1I1I1I1I1' Z25Y7ooX094GOOOB842032 -- _n ___. __.~. .~._. ...", ..,..,. ..." ..1.. lilt. 11.1 1.11 EXHIBIT B iIIIIiII1lillk _lJi,,,;.~ ' J",". '." Jb.i\_ 3> 1--- "' - L~ ~,i""~~"I, +! WAIVERS' . . . Borrower and any olber person .0 b8$ oblisations under this Notc waive the: 'lib'" of presentment and nOlice of dishonor. "'Presentmcntn means the right to require Lender to demand payment of amounts due. "Notice of dishonor. means the right to require _Lender to give nodce (0 other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, sny notice chat must be given to Borrower under this Note will be given by delivering it or by mailing it by tirst class mail to Borrower at the properlY address above or at 8 different address if Borrower has given Lender a notice Df Borrower's different address. Any notice that must be givc:n to Lender \loder thu Note wilt be given by first ckls& mail to Lender at the: address 51ated in Paragraph 4(8) or at a different address if Borrower is given 8 notice of that different address. 9. OIlUCATlONS OF I'EllSONS UNDER THIS NOTE If more than one ptrson signs this Note, each. person i~ Cully and per~onally obligated to keep all of the promises made in thil~ 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. Any person who takes over these obligatiolU, includin~ the obfiaadcll5 of a guaranLOr~ surely or ~ndorser of this Note, is also obligaled to keep aU of the promisu made in thIS NOle. Lender may enforce its righb under this Note agaiMt each person individually or against all signatories together. Anyone person signing tbis Note may be required to pay all of the amounts owed under Ihis Note. BY SIGNINO BELOY{, Borrower accepts and agrees to the terms and covenants eontained in this Note. ~1~...........................(Seal) (Sign Original Only] (pags 2 01 2 Pages) ~~~L - " "' "'- ",' '~'jJlI!.IJl..l,,1 11 JJlJ"ll'- " ~ I, J. ,k , . Servicing GMAC Mortgage Corporation P.O. Box 8507f San Diego, CA 92186-5071 3451 Hammond Ave P.O. Box 780 Waterloo, 'A 50704-0780 NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE DATE: March 20, 2000 LOGAN BAMA. LANC. E.,. "C. ",-, ',,'} ) 'I' , " Mortgage CERTIFIED MAIL NO. Z TO: BETTY J. NELSON ESTATE 133 S ENOLA DR ENOLA, PA 17025 RE: MORTGAGE LOAN NUMBER: MORTGAGED PREMISES: 306640804 133 S ENOLA DR ENOLA, PA 17025 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 January 1, 2000 and subsequent monthly payments as listed, and/or for other reasons as indicated below:' 1 payments @ $557.63 $557.63 2 payments @ $557.38 $1,114.76 Accrued late charges...... . . . . . . . . . . . . . . . . . . . . . . . . . $72.97 NSF Check Fees....................... . . . . . . . . . . . . .. . $0.00 All other fees accrued to date................... ...$0.00 . 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................................... .$1,745.36 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 . . :HPAC (Page 1 of 2) ~ EXHIBITC ~ /IF, ,~ ~ -~'i . . March 20, 2000 Page 2 306640804 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) ~ " VERIFICATION LEE MANNING ''i.-'_ hereby states that slhe is 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 understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsification to authorities. p<9fl /riCA M,;J;1A r lEE MANNING. ASST. VICE-PRESIDENT DATE: 6/22/00 i\l~~-- iliIIIliIlUIJii!!!lill<lIIl:l~I:kMlil.l.i";_,j@l;,r,~fl!W~lIl<lr"',hH:'","B[d"_'lo{';i;cI1'<""","'ili_'liW'ii,.ll'" 0' ~~ "",- -'i -'--,' tt.~~~~IilmIlilLilIlJ ~".. "-blm~!' . /:J~.t ~ flll:. ~ ~o ~ d 8 a ~ t ~~ J ("') 0 ~ c: ~, _ s:: ~ iB.Vri ~ Z: ~,:o :;.e l'~:O me' N -D'~ -<"'~ 0"\ -~Ib ~-t) C).l ~s: ~ .-;u v..,...!, o ::J\I: ~!'"r'" =0 ~'~0 ;O::-t- W ""-rn ~ " 0 -'wt .. - ~ .. .- :b -:: ~ -r~ f1 ~.~ ~ f \ ,.. " ~~ I, "L SHERIFF'S RETURN - NOT FOUND , CASE NO: 2000-04325 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS NELSON BETTY J 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 NELSON BETTY J but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTI CE , NOT FOUND , as to the within named DEFENDANT , NELSON BETTY J DEFENDANT IS DECEASED. Sheriff's Costs: Docketing Service Not Found Return Surcharge 18.00 9.92 5.00 10.00 .00 42.92 as Kline iff of Cumberland County Sworn and subscribed to before me !02.~ day of9.~ this 02 fJ-tJV A . D . ~Q.~f~- Prothonotary f , .. . THOMAS I. PULEO IDENTIFICATION NO, 27615 1710 WALTON ROAD, SUITE 206 BLUE BELl. PENNSYLVANIA 19422 (al0) 941~6050 ATTORNEY FOR . ~. , ~I' TRUEC9PVFROMAECORD In Testimony whereQf,fhereunt6)let my hand and",SIIaI of sa~ at Carll"'^ Pa y.J... , . ........ . _T~:-"--,,~y~~_~ . ................-. "."~'~IVIIIIJ PLAINTIFF GMAC MORTGAGE CORPORATION 500 Enterprise Road, Suite 150 Horsham, P A 19044 v. BETTY 1. NELSON, her unknown personal representatives, heirs or devisees 133 South Enola Drive Enola, P A 17025 CUMBERLAND COUNTY COUR T OF COMMON PLEAS DIVISION TERM. NoOO....~J~ CIVIL ACTION - MORTGAGE FORECLOSURE COMPLAINT II I "NOTICE -You have been sued in court. If you wish to defend against the claims set forth in the following pages, yoo 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';l9 with the court your defenses or objections 10 the claims set forth a981".5t you. You are warned that if you fail to do so the case may procee~ Without you an~ a judgment may be entered against you by the court Wlth~ut furth~r notice for any money claimed in the complaint or for any other claIm or rellef . requested by the plaintiff. You may lose money or property or other nghts important to you. "YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 00 NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SeT FORTH BELOW TO FINO OUT WH~RE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, CUmberland County Courthouse Carlisle, PA 17013 (717) 240-6200 "AVISO "Le han demandado a usled en la corte. Si usled quiefe defenders.e de esias demandss expueslas en las paginas siguientes, uste~ lie~e vernta (20) dias de plaza al partir de la facha de la demanda 'i la noUficaU6n. Hace fal~ asenlar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrila sus defensas .0 sus . objeciones alas Clemandas en contra de su persona. Sea aVIsado que Sl usled no se defiande. la corie tomara medidas y puede continuar /a demanda en contra suya sin previa aviso 0 notificacion. Adem,b. la coarte puede decidir a favor del demand ante y requiere que usled cu~pla con todas las provisiones de esla demanda. Usled puede perder Cllnero 0 sus propiedades U otros derechos importanles para usled. "LLEVE EST A OEMANDA A UN ABOGADO INMEOtA T AMENTE. Sf NO TIENE ABOGADO 0 SI NO TIENE EL OlNERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA 0 LLAME POR THE-FOND A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABJUD PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 , --~ _ ~J 0., II - - ',- , - . 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 COURT OF COMMON PLEAS DIVISION v. TERM. BETTY J. NELSON, her unknown personal representatives, heirs or devisees 133 South Enola Drive Enola, P A 17025 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 150, Horsham, Pennsylvania. 2. Defendant, BETTY J. NELSON, her unknown personal representatives, heirs or devisees, is the mortgagor and record real owner of premises 133 South Enola Drive, Township of East Pennsboro, Cumberland County, Pennsylvania, hereinafter described, whose last known address is as stated above. 11 ij il -1- ~ >, '"" I' "=-~-~-' '. 3. On the 19th day of February, 1999, the above named mortgagors made, executed and delivered a mortgage upon premises hereinafter described to Accubanc Mortgage Corporation, which mortgage is recorded in the Office of the Recorder of Deeds for Cumberland County in Mortgage Book 1522 page 28. 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 $76,860.00 payable in monthly installments with interest at the rate of7% per annum. A copy ofthe said Note is attached hereto, made a part hereof and marked Exhibit "B". 6. On the 1st day ofJune, 1999, the said mortgage was assigned to GMAC MORTGAGE CORPORATION, the plaintiff herein, which assignment is recorded in the Office of the Recorder of Deeds for Cumberland County in Mortgage Book 641 page 154. 7. The mortgage is in default because the defendant has 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 January 2000, and each month thereafter, up to and including the present time. 8. The following amounts are due on the mortgage: Principal Interest at 7% per annum from 1211/99 thru 5/31/00 ($14.63 per diem) Late charges accrued thru 5/31/00 ($22.31/month) Escrow deficit (taxes and insurance) ($46.28/month) Attorney's fee (5%) Title information certificate $76,279.58 2,677.29 117.59 132.45 3,813.98 325.00 Total $83,345.89 9. On March 20,2000, plaintiff sent to defendant by certified mail Notice ofIntention to Foreclose Mortgage in accordance with the provisions of Section 403 of Pennsylvania Act NO.6 of 1974, -2- ~ ~ I ' ......''''..'''''L a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "en. 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 $83,345.89 plus interest, late charges, escrow amounts and costs to the date of judgment and foreclosure of the said mortgage. ~. THOMAS 1. PUL Attorney for Plaintiff -3- "" 1-, 1',- DESCRIPTION ALL THAT CERTAIN lot or piece of land with the building and improvements thereon erected situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the western line of the State Road, also known as Enola Drive, at corner of lands now or formerly of Edward Eichelberger; thence in a northerly direction along the northern line of the State Road 15 feet to a point at corner of lands now or formerly of Donald F. and Mary A. Byers; thence in a westerly direction along said lands to a point in the center line of the partition wall of the double two and one-half story frame dwelling erected in part on the lot hereby conveyed and in part upon the lot adjoining on the North; thence in a westerly direction along the center line of said partition wall by said lands now or formerly of Byers a distance of 150 feet more or less to a point on the eastern line of Second Street; thence in a southerly direction along the eastern line of Second Street 12.3 feet to a point on lands now or formerly of Edward Eichelberger; thence in an easterly direction along said Eichelberger lands 150 feet to State Road the point and place of beginning. BEING the southern portion of Lot No. 1 on the Plan of Lots of Henry Bender Estate, said Plan being recorded in the Office of the Recorded of Deeds in and for Cumberland County in Plan Book 1, page 40. HAVING THEREON ERECTED the southern half of said double two and one-half story frame dwelling house known as 133 South Enola Drive, Enola, Pennsylvania. Tax Parcel # 09'15-1291-126 " It EXHIBIT A ~ ~,:,-,:~-",,-",..:..I ~oon N~: 08842032 ", Borrower:, . BE'lTY J. NEUO. :;, I '.AC:ON N. 441-5!lOS868 703 . Data 10: 191 NOTE February 19, 1999 l"R,,~ERT1FIElJ '(J i:>E: /. ~~ ANo CORRECT Cllr~ 133 S. ENOLA DRIVE ENOLA, PENNSYLVANIA 17025 [Propeny Addr"u) I. l'A.rm~~ "Borrower" means euch person signing at the end or (his Note, and the person's successors and assigns. '"Lender" mean... ACCUBANC MORTOAOa CORPORATION and its successors and assigns. 2. nORROWER'S PROMISE TO PA\1lNT1lREST l~ .return for ~ loan received fro~ Lender. Borrow~ promises 10 pay Ihe principal sum ofSEYEmY..sJX THOUSAND EtCIl I IlUNDRIW SDCIY lInd NO/1I1ll Dollau (U.S. $ 76,8/ilJ.OIl ). plus interellt, to the order or Lender. Interest will be chmgcd on unrmid I,rindllill, rrum Ihe dale or di..~burllcmcnl or the loan pro~cdi by Lender, ut the rute or SEVEN percent ( 7.0UO % ) per YQlr until the full amounl or prindpal has been paid. J. I'H.OM1Sg TO PAY SI~CUREn BO~rower's promise to pay is secured by a mortgage, deed of trust or similar security instrument Ihal L.. dated lhe Sllme d~te as this t':Iote and called the "Security Instrument." The Security Instrument prOleets the Lender from losses which might rtsul[ If 'Borrower defauhs under thL'i Nole. 4. MANNER Of- PAYMENT (A) 'lime Borrower shall make a payment of principal and inlerest 10 Lender on (he firsl day or each monlh beginning on April., 1999. Any principal and interesl remaining on Ihe first day of March, 2029, will be due Qn that date, which is. called thc "Maturity Date". (R) Place Payment shall be made at 12377 MERIT DR, #600. PO BOX 809089, DALLAS. TEXAS 75251, or at such place as Lender may daignate in writing 'by notice to Borrower. (C) Amount Each monthly payment of prineipaland interest will be in the amount of U.S. S 511.35. This amount will be pllfl of " larger monthly payment required by the Security 1n.'ltrUmc.nl, that shall be applied to principlll, interest and other itemJ iCl the order described in the Security lnstrument. (D) Allonge lQ: This Nom for Pn,tment A,4Justments If an allonge pro....iding for payment adjustrnenl.~ is executecl by Borrower together with this Note. the covenants of the allonge s.hall be incorporated into and shall amend and supplement the covcnant5 of this Note as if the allonge we:e a part of this Note. [Check applicable box.) o Graduated Paymenl Allonge 0 Growing Equity Allonge 0 Other jSpecifyj S. nORROWER'S RIGHT TO PREI'AY Borrow~~ has the right to pay Ihc debt evidenced by thL'l Note, in whole or in' part. without charge or penalty. on lhe first day of any monlh. Lcndc:r lIhall acc~pl prepayrnem on olher days provided lhal borroWcl phYs interest on the amount prepaid for the remainder of the month ~o the extent required by Lender and permitted by regulations of the $ccrctQry. If Borrower makes It partial prepayment there wiU be no changes in the due dale or in the amount or the monthly paymcnt unless Lender agrees in writing 10 those changc.~. 6, UOIUtOWgR'S 1''A1J.UR!t: TO I'AV (A) wle ChRrge for Overdue Payment.; If Lender has nol received the full monthly payment required by the Seeurity lratrument, as described in Paldgraph 4(C)!Or this Note, by the eod oE FIFTEEN calendar days after the payment L~ due, Lenclcr may collect a late: charge in the amount of 4.GO % of the overdue amount of each payment. (1') Default . . If Bor~ower del'aultli by t"ailing to pay in full any monthly payment, then Lendcr may, except as bmlled by regulations of the Sccrctary in the case oE payment dcfaulls. require immediate payment in full of the principal balance remaining due and a11 accrued interest. Lender may choose nOl to cxerci~e Ihis option without wai....ing its rights in the e,,'ent of any supsequent default. In many circumJtances regulations issued by the Secretary will limit Len~er's righLS to require: immedi~te payment in rull fn thc case of payment oefaulls. Tht, Note does not authotize acccle~allcm when not permitted by l;lUD regulations. A'l used in this Note. "Secretary" means the Secretary of Housmg tmd Urban Oevclapment or his or her designee. (C) Payment of Costs Bod Expenst:s '. If Len~er ha., required immediate paymcn~ in full. as described abo....e, Lender may require Borrower t~ pay costs and expenSes including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohlb~led by apPlicable lnw. Such fees and costs shall bear iOlercst from the dale of disbursemenl at the same rate as the prinCIpal of this Note. MULTISTATE FHA NOTE (Pege 1 0/ 2 PDges) 10/'aS \ 111\\ 11111111111111111\111111111111111\1111111 Z<.SY'1ooX0940000a&42032 ..__.........,............."..1..1l11.11111..1 EXHIBIT B . ~~ ~~"tk, ~ "~ "'"'""lliljJi!i\,J.c;",~;,_I.,J~~L. ~ ~Jm~"""""""''''''''''''(Seal) (Sign OriolnaJ Onlyl ;,! WAIV1iW,S . . . . Borrower and any other person ~ bas obliptions under lhis Note waive the ~ts or presentment and notice or I;hshonor. "Presentment" means the right to r~utre Lender to demand paymeot of amounts du.e. "Notice of d.ishonor" mC3:ns the ri&ht '0 require Lender to live norice to o1her pcr.wns that amounU due bave nor been paid. 8. GMNG OF NOTICES Unlc3.t applicable law requires a differcnt method, Bny nolice thar musl be Biven to Borrower undc: Ihis Nolc wl1J be, given by delivering it or by maDing it by first class mail to Borrower at the properly address abO'le or af a different address. if Borrower has given Lender a nOlice of Borrow!;c's different address. Ally notice: that must be given to under under this Note win be given by fiat clw mail to Lender al the addrd! slated in hragraph 4(B) or at a different addre& if Borrower is given a notice of that different address. 9. OIlUGATlONS OF PEI1SONS UNDER THIS NOTE Jf more than one pel10n 5igns th~ Notc, each pcrson is rully and personally obligatcd to keep all or the. promises made in this Note, including the promise to puy the full amount owed. Any fll:rson who u a guarantor, surety or endorser of thi.~ Note is also obligated to do these things. Any person who takes OVl:r these obligationc, incJudilli ~h~ ahUsations of a guarantor, suret)' or c:.ndorser of this Note, is also obligated to keep all of the promisCl tnadc in this Note. Lender may enforce its righl$ under Ihis Note againsl each person individually or agawt all signatories together. Anyone person signing this Note may be required to pay all or the amollnts owed under Ihis Nole. BY stONING BELOW, Borrower accepts and agrees. to the terms and covenants contained in this. Note. ',;, (P8(18 2 01 2 PageS) ~.~ ~-"~-, -~ " I,j "L-- ~ '-" GMAC Mortgage Corporation P.O. Box 85071 San Diego, CA 92t86-5071 3451 Hammond Ave P.O. Box 780 Waterloo, IA 50704.0780 NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE DATE: March 20, 2000 Servicing CERTIFIED MAIL NO. Z TO: BETTY J. NELSON ESTATE 133 S ENOLA DR ENOLA, PA 17025 LOGue Mortgage RE: MORTGAGE LOAN NUMBER: MORTGAGED PREMISES: 306640804 133 S ENOLA DR ENOLA, PA 17025 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 January 1, 2000 and subsequent monthly payments as listed, and/or for other reasons as indicated below: * 1 payments @ $557.63 $557.63 2 payments @ $557.38 $1,114.76 Accrued late charges............................... $72.97 NSF Check Fees...................................... $0.00 All other fees accrued to date........... ...........$0.00 * 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................................... .$1,745.36 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 .. I :HPAC (Page 1 of 2) = EXHIBIT C = M ~ " March 20, 2000 Page 2 306640804 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) .... J 1,,1 "''"', . , VERIFICATION LEE MANNiNCc hereby states that slhe is of GMAC Mortgage Corporation, mortgage servicing agent for Plaintiff in this matter, that slhe 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 ofherlhis 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 unsworn falsification to authorities. fJ i v 1)/101 /H/) 1) ~7 lEE MANNING. ASST. VICE-PRESIDENT DATE: 6/22/00 "f com~ ~1~~~779 ~ . t. NOTARY PUilIC. CALIFORNIA VI , San Diego County : C'mm. Expire, Oct. 16.1000 ~ ~ -I ' ,_: I" ..... THOMAS I. 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 VS. : NO. 00-4325 Civil Term BETTY 1. NELSON, her unknown personal representatives, heirs or devisees PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above captioned matter for service upon defendants. ~ ~.,~ ~'~~-''-Illii~~!!\lIDIl,.';milOO~M_.im'f.;-~";><+)~'';i!""i,~M;"it~:mJi\li'tl' " .\ 'r"".ifm~ ~ H.'~~' .-- 0 <::) 0 C 0 ,on - ~ V> "-I u'r_i:) ,'11 ~:!~ 11 nir-rl " 2:.-..0 "r ~.5;: N -elm 2'1' -<,.t.'':'' ~-:::jc~ ,<0 -U ::]:,=H ~O ::;r. (J-- :""~C) ;;;;0 ~ .....:...fTl C ~ Z :.fI ~ =< -< ~- Ii SHERIFF'S RETURN - REGULAR CASE NO: 2000-04325 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS NELSON BETTY J CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon NELSON BETTY J the DEFENDANT , at 0017:41 HOURS, on the 26th day of September, 2000 at 133 SOUTH ENOLA DR. ENOLA, PA 17025 by handing to POSTED PROPERTY AT ABOVE ADDRESS a true and attested copy of COMPLAINT - MORT FORE together with REINSTATED W/NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge 18.00 9.92 6.00 10.00 .00 43.92 So Answers: r'~ut;~ R. Thomas Kline day of 09/27/2000 THOMAS PULEO ~ By: ~./ ! L r. Deputy ~rif Sworn and Subscribed to before me this 'I ~ ~ J-<;1it> A. D. %t;t~~~t~i;k " I L -',..-'-- L" ,-- -"~ ~ '" Thomas 1. Puleo, Esquire Identification No. 27615 1710 Walton Road, Suite 206 Blue Bell, PA 19422 (610) 941-6050 Attorney for Plaintiff GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS v. NO. 00-4325 CIVIL TERM BETTY J. NELSON, her unknown personal : representatives, heirs or devises AFFIDAVIT OF SERVICE THOMAS 1. PULEO, ESQUIRE, attorney for Plaintiff, being duly sworn according to law, says that he mailed by certified mail, return receipt requested, a true and correct copy of the Complaint in this action to Defendant, Betty J. Nelson, her unknown personal representatives, heirs or devises at 133 South Enola Drive, Enola, Pennsylvania, 17025 on the J-.G +L- day Of~~2000, as evidenced by Post Office receipt number 70993400001234188489 which receipt was subsequently returned to the undersigned noting moved, left no address/unclaimed on , 2000 which receipt is attached hereto as Exhibit "A". SWORN TO AND SUBSCR,IJ3ED BEF~~~~"", ;)(P'+i--fJAY OF ~ V"V',,;/;v;, 2000. ~~ lt1C#!~ NOTARY PUBLIC NOTARIAL SEAL . LISA M. MA. LANWNIO. =:~~~~ Whitpaln Jwp. M iaa4 Me f!i .... , .. Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach thr~c.ard to the back of the mailpiece, or on the f!~t if space permits. 1. Article Add ssed to; ~e::+~Q. lJe;fsCJtJ ~U ilnK1<,WI' h.,ur:s I 3 j <T$, ~(\O tCL Urj Ve Ln.o1c'""t P ft ('7{) ~ ') D. Is delivery address di rent from item 1? If YES, enter delivery address below: 3. Service IYpe .a-certifled Mail o Registered o Insured Mail o 9press Mail .l!S:J'Retum Receipt fer Merchandise o C.O.D. 4. Restricted'Delivery? (Extra Fee) dYes 2. Artl~tObEt(~tf3 l{(j(5eb 0 [d-j '-f)' ~ irJ' ~ 9 PS Form 3811 , July 1999 Domestic Retum Receipt 102595.QO.M.09S2 ie''''"'' "~IlJilIl~,i 1W._lfl.,.WllOI~,",i~~wtrw_"""'''''''l'~!~l~M "-,,,~ ,. ".'~'"'''' . :,U3'\$,_ ,_." "Jl~llDJ,l":,"",,_,,,-~, "0: .-~ -, _.0 _p;u", t,-,,~li.J-l,)~ ,~, "~" "~' ,'" ,~~, -,,'.-, ~~=_ ,n,'. _, .~ "., ~, '1I!:.-.t ~~, . () 0 .~ ,~ C Cj -n ~ % '4 -ocr' L'J -::J~ :n rnrn ,~ :;;~:T) , 'e'-- I -,=:;:---" :;;~f...,--' '7 ~Q;E N ,-.J" '~-:=)Cj ~:::c -0 -,:1'1 .- fj2j c:;g;:o ~: ~=O 1;': (Sin :PC -4 Z 0 ~ =< UI -< '~.,~,. ,.L; 1__ ,', .~ Thomas 1. Puleo, Esquire Identification No. 27615 1710 Walton Road, Suite 206 Blue Bell, PA 19422 (610) 941-6050 Attorney for Plaintiff GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS v. NO. 00-4325 CIVIL TERM BETTY J. NELSON, her unknown personal : representatives, heirs or devises AFFIDAVIT OF SERVICE THOMAS I. PULEO, ESQUIRE, attorney for Plaintiff, being duly sworn according to law, says that he mailed by ordinary mail a true and correct copy of the Complaint in this action to defendant, Betty J. Nelson, her unknown personal representatives, heirs and devisees at 133 South Enola Drive, Enola, Pennsylvania on the :;)0 ~day of ~ IJ.v; , 2000. ;/J I( '7 ~ J;,~W TH~S 1. PULEO, ESQUIRE Attorney for Plaintiff SWORN TO AND SUBS(#RIBED BEFORP~HISdb~Y OF ~bi; 2000. ~,~~d~ NOTARY P LIC NOTARIAL SEAL . LISA M. MALANTONiO. Notary PUblic WhitpaUiil/llllilp., Montgomery County Gommission if9s March 22, 2004 .,~, '. ,.l,< "t 1'il' '~'~r~~!lm_;"':ti~~l'~'lfu(l~~ I' w ~'Jillt ,'.'~- 'iillllb:JiW'.. , ,~ i!W.Jlllilll 0 0 0 C Cl -~ " "1J~. Z ---' 52[r, C> "L I'Ti "."-, ""T; - TI.":"~ zE" ,- , ,'~;~ CJ).S:~ tv r>i= <- ~ "J ....' ZC) .~ :;?~ w~ -0 J>c 1';; (jn-l ;::: ,::;> ~ :~ (J'l :JJ -< ,1. _ , L. _",1 - .-. .~,'. ~'" , AUG 31 2DD~ THOMAS 1. PULEO, ESQUIRE Identification No. 27615 171 0 Walton Road, Suite 206 Blue Bell, PA 19422 (610) 941-6050 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION - LAW GMAC MORTGAGE CORPORATION v. : No. 00-4325 CIVIL TERM BETTY J. NELSON, her unknown personal representatives, heirs or devisees ORDER AND NOW, this /P--day of r~ooo, upon consideration of plaintiffs Motion for Special Order of Service, it is hereby ORDERED and DECREED that service shall be made upon the deceased defendant's unknown personal representatives, heirs or devisees by posting a copy of the Complaint on the most public part of the premises situate at 133 South Enola Drive, Enola, Pennsylvania, and by registered mail and ordinary mail to the deceased defendant's last known address at 133 South Enola Drive, Eno1a, Pennsylvania. Service shall also be made by publication in accordance with Pa.R.C.P. 430(b). Service of all other pleadings and notices, including the Notice of Sale pursuant to Pa.R.C.P. 3129.2, may be made upon the defendants in the same manner as aforesaid. .~ J. f\ -. '1~_OO L~ ~.~~ " 'f<1!!' !i"~~' <\~-', - ~,-, ~ "=, I ft .L~ < ~. ,. -'-' '" ,~,. ~ > -",' ," c, ~)'!!/'L.~'( DO SEri ~" j .jj!l: ?9 ~'i,\; C , "'. "''''''I'!TY L,l)j~il~'i..2~';L.riJ"G- L.'...)L!\ I PEN:\!S\'LW\I'yIA lllll "~1JI!V1!t ~~~ ''''-*'~~~F^, ~"~!w.'~""'f@l1l~~!, _,,' '" d -. ~~" ~,-~'"' .. !!\lIMHilr, -, ". ., - ~: IIII - "--' ~ .'1 '~'""" I "',.',, '~~i 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 DIVISION - LAW GMAC MORTGAGE CORPORATION v. : No. 00-4325 CIVIL TERM BETTY J. NELSON, her unknown personal representatives, heirs or devisees MOTION FOR SPECIAL ORDER OF SERVICE TO THE HONORABLE, THE JUDGES OF THE SAID COURT: Plaintiff, GMAC Mortgage Corporation, by its attorney, Thomas 1. Puleo, Esquire, moves the Court for a special order of service pursuant to Pa.R.C.P. 430(a) for the following reasons: 1. On June 26, 2000, plaintiff filed a Complaint in Mortgage Foreclosure under the above entitled number and directed the Sheriff of Cumberland County to make personal service upon deceased defendant's personal representatives, devisees or heirs at 133 South Enola Drive, Enola, Pennsylvania, which was the last known address of the deceased mortgagor as well as the mortgaged premises. 2. The Sheriff was unable to effect personal service of the Complaint because the mortgagor is deceased and her personal representatives, heirs or devisees are unknown. A copy ofthe Sheriffs Return of Service is attached hereto, made a part hereof and marked Exhibit "A". 3. Thereafter, plaintiff conducted an extensive investigation to determine the -1- ~ ~ d,",xo.I".- ."""""'. whereabouts of defendant. Plaintiffs Affidavit of Good Faith Effort to Locate Defendants is attached hereto, made a part hereof and marked Exhibit "B". 4. The said investigation confirms that the mortgagor is deceased as per the records of Social Security Administration. However, no estate has been raised and plaintiff is without knowledge or identity of the personal representatives, heirs or devisees. 5. Rule 430(a) of the Pennsylvania Rules of Civil Procedure provides that where service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. 6. Rule 410(c) of the Pennsylvania Rules of Civil Procedure provides that the Court may direct service by posting, registered mail and/or such other methods, if any, as the court deems appropriate to give notice to the defendant. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order directing service upon defendant by publication, posting the premises and by ordinary mail and registered mail to the defendant's last known address. -2- ......~~-'iUiiIiIJIIIlLIIlJ.lIl'" " , .' " ., SHERIFF'S RETURN - NOT FOUND .. . '& CASE NO: 2000-04325 P COMMONWEALTH OF PENNSYLVANIA . COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS NELSON BETTY J 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 NELSON BETTY J but was ; ii I I I i I I , I I I I i ! I I I I I , I I I I I unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE , NOT FOUND , as to the within named DEFENDANT , NELSON BETTY J DEFENDANT IS DECEASED. Sheriff's Costs: Docketing Service Not Found Return Surcharge 18.00 9.92 5.00 10.00 .00 42.92 .as Kline Iff of Cumberland County Sworn and subscribed to before me this day of A.D. Prothonotary . . EXHIBIT A ... ... C\)n.fid.en.tial '. . '.. Investigative :,Services, Inc. PLAINTIFF: G~C Mortgage Corporati,:m COUNTY: Cumberland VS. , Thomas I. Puleo, Esquire 1710 Walton Road H Suite 206 , ' :,Blue B~ll, pA 19422 ,TERM: #: QO-C-4325 DEFENDAI'IT: BettyJ. Nelson LOCAJ'E:,nETTY J. NELSON , " ADDRESS GIVEN: 133S. EnolaDrive, Enola,PA 170:25. AFFIDAVIT OF GOOD .FAITH INVESnQATION ' ~ ..,' , .. ": LAST KNOwN ADDRESS . , . . . , , . ' , --. 133 Souih Enohi Drive.. Enola, PA 17025 INQ~IRY OF ~.S. POST OFFICE (FOIA) , . , , . ' , ' . , '8/7/00 Post Office ii1dicates mail is good as addi:esiied: . - .. . - ' : SEARCH OF LOCAL TELEPHpNE DIR'ECTORlES& PHONE'COMPANY OPERA'foR CONtACT There is J;J.O telephone listing for BettyNelson in Enola, PA, however 717-732~6123 is issued to Kim Nelson at 133 S. Enola Dr. ,. ,.' · NEIGHBOR CONTACTS , . ,': '.',', . . . - . ", , - , , .", , '. ',- Numerous attempts have heen made to make contact with a member. of the Nelson family at 717-732-6123': Messages were left on the answering machine requesting the subject contact , our office, however 'we received no response. ' .', ,8/14/00 Ms. Ball of 131S:Enola Dr. was contact~d and advised Betty Ne'lson passed away. 'She believes Ms. Nelson passed away either on New Year's Eve or New Year's Day. She . further advised Ms. Nelson's daughter resides at 133 S. EIlOla Dr. . . , - . . . . . ... ;SOCIAL SECURITY-ADMINISTRATION - DEATH RECORDS . , . . ,c_ Information w"'s obtained indicating Betty J. Nelson whose social security ~nmber is 162-22-4052 was bor'; onMay 8, 1929 and. died on December 31, 199!1:' " . , . . '. . . ,< -. '. . . . . >1 CERTIfY UNPER PENALTY OF PERJURY, THAT tHE 'FOREGOING IS TRUE ANP CORRECT, TO THE BEST OF MY ' 'KNOWLEDGE. I UNDERSTAND THAT FALSE STATEMENTS lIEREIN ARE MADE. tJEmCl'TO THE PENALTIES RELATING ',TOUNSWORNFALSIFICATIONTOAUTHORITIES. ' " ' . AFFIANT: ANE COWAN, CLI . ' 2'235 South qth Street :' Philadelphia, P A 19107 .(215) 546-7400 . (800) 503-740,<>~~_ Fax (21: . . ." , , . . . . . , SWORN &, SUBSCRIBED BEFORE ME THIS l51h , OF AugUst, 200Q , . , ~ ---c:-_=-c_-:--::::.:_ --c--~-_-=-_ .~!0~A_~V_~n _:...__!~ !~ _ _~.:... NOTARIAL SEAL EXffiJiiTB ~-- '.~--~-~'F EU~~f~~i.~~=:~~.O~Ublic .,~om OJ 'j, ' ~.,.:.,:~.::.L:'-,.,:,~~t'.o>" :..., "~::;'-:"".~'"' '-,-". ~ ~~~"'+-.~:>r,-"" ...,..,'>7:'"" _c_.::- _+ -_;' r_ . ~-'_.._~'-~'-:::-;:. ~'-'~~, B&R . Court Filing Services for Professionals Inc. . Process Serving . Court Reporting . Postmaster Eno]a, PA 17025 City, State, ZIP Code Date: August 2, 2000 Please provide apartment number or physical address information for post office box, if applicable Request for Chauge of Address or Boxholder Information Needed for Services of Legal Process PLEASE FURNISH THE NEW ADDRESS OR THE NAME AND THE STREET ADDRESS (IF A BOXHOLDER) FOR THE FOLLOWING: Name: BETTY J. NELSON Address: 133 South Enola Drive, Enola, P A 17025 NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.8(d)(6)(u). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(I) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester is a process server. 2. Statute or regulation that empowers me to serve process is Pennsylvania Rules of Civil Procedure 400.1. 3. The names of all known parties to the litigation: GMAC Mortgage Corporation vs. Betty J. Nelson 4. The Court in which the case has been or will be heard: Cuinberhmd County Court of Common Pleas 5. The docket or other identifying number if one has been issued: 00-C-4325 6. The capacity in which this individual is to be served is a defendant. WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING'A FINE OF UP TO 410,000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF Nor MORE IHAN 5 YEARS, OR BOTH (Il11.E 18 U.S.C. SECIlON 1001) I CERTIFYTHAT THE ABOVE INFORMATION IS TRUE AND THAT THE ADDRESS INFORMATION IS NEEDED AND WILL BE USED SOLELY FOR SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LmGATION. f}JZ'~ofb .f1~ SI ature 235 South 13th Street Address Michele Daly Printed Name Philadelphia, P A 19107 City, State, ZIP Code k Mall is good as addressed. _ Not known at address given. _ Moved, left no forwarding address. No such address. FOR POST OFFICE USE ONLY NEW ADDRESS OR BOXHOLDER'S POSTMARK NAME AND STREET ADDRESS i&1 - '- I-.;~ . >-3~GlGlZOtp(flh:Jtp :r:H;Jo<;Jo<t'l;Jo<;Jo<>-3t'l~ OOt-<t-<t-<<:t-<;Jo<H;J:> ~Glt-<t-<(flt'lt-<~~Z Z>8;Jo<;J:>OC<- Z~Z >-3;Jo<GlGlZ- t'lt'lt'l Oc<:r::r:- c..,~t-<Z Z trltrl 1-3 ... t"i... - 'd~~~;J:>~ - 0'" ... H3:CZ < 8:~ 8: 8: (fl;Jo<c.., H>-3'dO C<(flZOt-< o~ t'l t'lO::r; :r:;J:> Z t-<c<Z ;Jo<H Zf-' t-< t'l>-3f-'HWf-' t-<~f-' t-< W(flWW "-' tj~ I---l- \.D ;J:>t'l (fl f-' (J)(J) (J)WI---l-I---l-(J) H j---ltrl j---lNN Glt'lWZt'l "''''t'l f-'ZZ"'OZ(fl Z W 0 t-<O (fl(fl0 (]l t-<(fl;J:>t-<t'l t-< ;J:> ;J:>Zt'lt'l;J:> (flf-' t'lo OZZ WOZ~Ot-<OOO t'l"'~0 ~;J:>t-<t-<~ Z t-< ;J:>;J:> 0(fl;J:> 0 t-< t'l ~OO ;Jo<t'lt'lOZt'l ~~t'l ZZ~OZ Z 000 t-<O 0 ~t-<t-< ;J:>t-<t'l t-< ;Jo<;J:> -;J:> Z t'l t'l;J:> ... trl ... OZZ'" o Z'd t-<OO t'l~'dO;J:>'d;Jo<t-<t-<'d Z ;J:> t-< ;J:>-;J:>;Jo<;J:> o ;J:> f-' -- t"i 1-'''' -J1-'11j I---l- ;Jo<t'l-J O-J;Jo<'d'd-J - ZO'd"-'O ;Jo<;Jo<O o "-';J:> (]l"-'f-' "-' I1jt"iUl IUl--JI---l-I-'Ul ;Jo<;Jo<If-'''-'IO-J-J1 ... N--.J-JNNOON I---l- -JQj---l-JUlNN-J -JI1jI---l-NNI-'IUl(J11---l- O~I---l-U1 NN 1 I co N I -JNN U11---l- N I---l--J-J I--J -J NI---l-I---l- NO /--l 0000 -IN I----'-J 1-'(J1 j---l-J N I -JI---l- "-' I -J -J -JI f-' W-J f-' "-'''-' 100 0'11 f-'O "-'0'1 W"-' ., -J f-' -J I -J-J Wf-' "-' -J I 1 f-'-J "-'W 00"-' "-'I 0'1 (]l f-' '" -J f-' -J I -J -J -J f-'f-'W -J-J"-' I I I -J-J'" "-,,,-,,,, 000000 I 100 "'00, (]lOO' (]lm woo . L ~,' l ~;, THOMAS 1. PULEO, ESQUIRE Identification No. 27615 171 0 Walton Road, Suite 206 Blue Bell, PA 19422 (610) 941-6050 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION - LAW GMAC MORTGAGE CORPORATION v. : No. 00-4325 CIVIL TERM BETTY J. NELSON, her unknown personal representatives, heirs or devisees MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SPECIAL ORDER OF SERVICE Rule 430(a) of the Pennsylvania Rules of Civil Procedure provides as follows: If service cannot be made under the applicable rule the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. The note to this provision provides an illustration of a good faith effort to locate the defendant which includes: (1) inquiries of postal authorities, including inquiries pursuant to the Freedom of Information Act, (2) inquiries of relatives, neighbors, friends and employers of the defendant, and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. In this case, every one of the suggested inquiries has been made. The result of the investigation concludes that the mortgagor is deceased and that an estate has not been raised. -1- ~ , -I" " "l,,'~.-. , -.~ Rule 41O(c) of the Pennsylvania Rules of Civil Procedure provides that where service is made pursuant to a special order of service the Court shall direct one or more of the following methods of service: (1) publication as provided by Rule 430(b), (2) posting a copy of the original process on the most public part ofthe property, (3) registered mail to the defendant's last known address, and (4) such other methods, if any, as the Court deems appropriate to give notice to the defendant. A good faith effort having been made to.ascertain the whereabouts of the defendant, it is respectfully requested that this Honorable Court enter an Order directing service upon defendant by publication, posting the premises and by ordinary mail and registered mail to the defendant's last known address as provided by the Pennsylvania Rules of Civil Procedure. Respectfully submitted, -2- .~ !:m:ifll ~ l!I:"~' lz~J]lllltltiJllUiji'i"" ~~'~'"'"=',1iI"","mi4Jilt1i;l..1;';\~!!WIlimiMI~~~ rr " ,~. ~~ ,-i1 ~ '<-<, '-", ,"-~,", -,.' ___~", _Vi'-_'" .~.." , '~; ,-" ~ "'''iiIli ,~ ~. -- ~ --,. " L 0 ~-~, '-.-' q C c.) 1:] ::::,,, "==""' '".j ,- : rl'l !.,<i ':;") ,-:~~ 2~ , L._ r. r'>.) '-" ,,--, (; ., ,- Q) , . ) ~' , r=: C) -i) " C> "j';: =:i -:;>" C) -.....-> ]=: () ,-) c::: ~';) (-) n-, -';" )> ........ -~~J --' -< I " 2:J -< - ~ L" j:.,<" . . STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler ~ ---___________________________________________________________________________llecorderof Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which ________________ GMAC Mtg Corp ____________________________________________________________________________________ ~ thegr.ontee the same having been sold to said grantee on the ___l.lJ'l.___________________________n___________ day of ____________~!'E<:~______________________ A. D., r OQ__n' under and by virtue of a WriL_hh________ Execution . 30th ________________ _________________ _h __ nn_ _____ISSUed on the ______ ___n __ _____ __n ______ ______ ___ Nov day of __________n______________ A. D., Civil __________________________ ____._._____ ____________ __ _______ _______ __ ____ _ _ _ ________ Term, : O~_n_' out of the Court of Cornman Pleas of said County as of QL__ Number _______~}_~~__, at the suit of _____n~l!A~_~!$__~'?!.P..___m______m_____h____________m___ . Betty J Nelson estate 'IS ___________________________________agaunst____________________________________________________ duly recorded in Sheriffs need Book No. n____:~_:__, Page ____________. 418 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office th~ ____22__ day of ___~t?!J___hmh_____ A. D., l!L2!?!.l ~--~------------------- 7-11- Recorder of Deeds . t". =~~ ".' ., - "",-. GMAC Mortgage Corporation -vs- Betty J. Nelson, Deceased, he unknown Personal Representatives, heirs or devisees In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2000-4325 Civil Dawn L. Kell Deputy Sheriff, who being duly sworn according to law, says on January 4,2001 at 5:44 o'clock P.M. EST she posted a copy of Real Estate Writ Notice Poster and Description on the property of Betty J. Nelson, Deceased located at 133 South Enola Drive, Enola 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 the defendant Betty J. Nelson Deceased by Certified Mail Return Receipt Requested, Restricted Delivery, Deliver To Addressee Only to her last known address 133 South Enola Drive, Enola, Pennsylvania. This letter was mailed under the date of January 3, 2001 and received on January 5, 2001 the return receipt card signed by Kim Nelson. R. Thomas Kline, Sheriff, who being dnly 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 the defendant to wit: Betty J. Nelson Deceased by regular mail to her last known address 133 South Enola Drive, Enola, Pennsylvania. This letter was mailed under the date of January 8, 2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the 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 for 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 19044, being the buyer in this execution paid SheriffR. Thomas Kline, the sum of$830.96 it being costs. Sheriff's Costs Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library County Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds 30.00 16.29 15.00 15.00 30.00 10.00 .50 1.00 9.30 7.05 15.00 30.00 330.50 244.29 25.53 25.00 Sheriffs Deed 26.50 830.96 paid by attorney 03-21-01 Sworn and subscribed to before me This {,. 1;!.-- day of Cr~ , 2001 A.D. ~.Q ~~. Pro onotary " , I, t~ "' '",,,,,-~- ~~ . ' Ill. -"" c...e R. Thomas Kline, Sheriff By~JL:;tC Real Estate Deputy ~~ .9 2P' .tJ 1 \, ~1 31 .aJ CJ2- IOC( 61/ py fit' " THOMAS I, PULEO Identification No. 2761~ 1710 Walton Road, Suite 206 Blue Bell, PA 19422 (610) 941-6050 GMAC MORTGAGE CORPORATION Attorney for Plaintiff CUMBERLAND COUNTX COURT OF COMMON PLEAS : v. BETTY J. NELSON, deceased her unknown personal representatives, heirs or devisees N 2000-4235 Civil Term o. 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 133 South Enola Drive , Enola , Pennsylvania: 1. Name and address of owner(s) and reputed owner(s): Betty J. Nelson, her unknown personal Representative, heirs and devisees 133 South Enola Drive Enola, FA 17025 2. Names and address of defendant(s) in the judgment: Betty J. Nelson, her unknown personal representative, heirs and devisees 133 South Enola Drive Enola', FA 17025 3. Name ~nd address of every judgment creditor whose judgment is a record lien on the real property to be sold: None. -1- -- .--.... -...... ~ ..-----..- I~ 4. Name and address of the last recorded holder of every mortgage of record: Citifinancia1, Inc. 3401 Hartzda1e Drive, Suite 126 'Camp Hill, PA 17011 GMAC Mortgage Corporation 500 Enterprise Road, Suit Horsham, PA 19044 (Executing Mortgagee) 150 " I I I i I i i i I i I I , , 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: DoIlEstic Relations Office Curnl::erland County 13 N. Hanover street Carlisle, PA 17013 Kim Nelson 133 South Eno1a, Drive Eno1a, PA 17025 7. Name and address of every othe~ person of whom the plain~iff 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 18 Pa.C.S.A. ~4.904 relating to unsworn falsification to authorities. Da t e: November 27, 2000 ~/Z ~HOMAS I. PUL~O , Attorney for Plaintiff ,1 I '1m , . THOMAS I. PULEO Identification No. 27615 1710 Walton Road, Suite 206 Blue Bell, PA 19422 (610) 941-6050 GMAC MORTGAGE CORPORATION Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON'PLEAS v. BETTY J. NELSON, deceased her unknown personal representatives, heirs or devisees No. 2000-4325 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO Betty J. Nelson; deceased her unknown personal representatives, heirs or devisees 133 South Enola Drive Enola, PA 17025 Your real estate at 133 South Enola Drive; Enola 1a'i-~fi'sr?Y&Hlia, is cheduled to be sold at Sheriff,' s Sale on Wednesday, , a t IO: 00 a.m., Cumber land County Courthouse, 2nd Floor Corrrnissioner's He~ing Room, Carlisle, Pennsylvania, to enforce the court judgment'of $ 86,405.46 obtallled 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: 1m: . 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 1. 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) . 24Dc6390. 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 unles~ exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the schedule. , 7. You may also have other rights and defenses, or w~ys of getting y~ur 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 -2- "" , ~'-, ~',- , WRIT OF EXECUTIONand/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 00-4325 CIVIL TERM CIVIL ACTION" LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due GMAC Mortgage Corporation PLAINTlFF(S) from Betty J. Nelson, deceased, her unknown personal representatives, heirs or devisees, 133 South Enola Drive, Enola, PA 17025 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Legal Description (2) You are also direcie'd'yb a1t.it~1tieipro'p~lIyofthedefendant(S) not levied upon in the possession of GARNISHEE(S) as follows: :" ~l!' ;. ~' ","~ anct;j&ijptny the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any deb(l~r for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thelllP.f;::; .",,,,; '~', ' (3) If property oHM defendant(s) not ievied upon an subject to attachment is found in the possession of anyone other thana named garnishee, you aredirectedto notify himlherjhat he/she has beenMded as agarnisheeand is enjoined as above stated. AmoumDue $86,405.46 Interest from 11/28/00 $ 14.20 per diem L.L. $.50 $1. 00 Atty's Comm Atty Paid Plaintiff Paid % Due Prothy Other Costs $158.84 Date: November 30. 2000 Curtis R. Long Prothonotary, Civil Division R /2{}-r t7 ~ P 7pfl/?~'"<f-' f Deputy ./ by: '-- REQUESTING PARTY: Name Thomas I. Puleo Address: 1710 Walton Road, Suite 206 Blue Bell, PA 19422 Attorney for: :Plaintiff Telephone: 610-941-6050 Supreme Court ID No. 27615 r" . . '.~ t.. : ~ ',-.l" ~ -..;. . ~".~!lIlll!i!!lI!!n~DlI'I~~~IW_.tlili;IIit~,"<:!!!;\!o;,,'fu_ll-_'''''-lld~>jW.''''i''''~_~-'I""~ ~"''"~ ~" ~ '1MIiIiII~lilIIiIlliIIIiiIi. REAL ESTATE SALE NO. I~ ""i d2e.. d, . ~, '7. ~ the sheriff levied upon thed8tenoants interest in the real property situated in ~1 fi~~L /i/'W"NOJ1.,o Cumberland County, Pa., known and numbered as: k ~..J2 _ ana more It.." .~cflDed on Exhibit "A" filed witt" this writ and by this reference inr.oroorated herein. ',te A.,../.. .;Z;;.ov #~ ~1~~l^SNNE .:0 1 >1'1 int "fI J v v DO. HV sr II 9 330 .JItINtCiii'ldJll.W.'84 ifHL JO 13:11I1' q ~-) c;;;) ~ fi> IML ,-> RI!ItL ESTATE SM-E NO. 14 Wrtt No. 2000-4325 Civil GMAC Mortgage Corporation vs. Betty J, Nelson, deceased, her unknown personal representatives, heirs or divisees Atty.: Thomas I. Puleo EXHIBrr A DESCRIPTION ALL THAT CERTAIN lot or piece of land with the bUilding and im- provements thereon erected situate in East Permsboro Township, Cum- berland County, Pennsylvania, bounded and deSCribed as follows, to wit: BEGINNING at a point on the western line of the State Road, also known as Enola Drive. at corner of lands now or formerly of Edward Eichelberger; thence in a northerly direction along the northern line of the State Road 15 feet to a point at comer of lands now or formerly of Donald F. and Mary A. Byers: thence in a westerly direction along said lands to a point in the center line of the partition wall of the double two and one-half story frame dwelling erected in part on the lot hereby conveyed and in part upon the lot adjoining on the North; thence in a westerly direction along the center line of said partition wall by said lands now or formerly of Byers a distance of 150 feet more or less to a point on the eastern line of Sec- ond Street; thence in a southerly direction along the eastern line of Second Street 12.3 feet to a point on lands now or formerly of Edward Eichelberger; thence in an easterly direction along said Eichelberger lands 150 feet to State Road the point and place of beginning. BEING the southern portion of Lot No. 1 on the Plan of Lots of Henry Bender Estate. said Plan be- ing recorded in the Office of the Recorded of Deeds in and for Cumberland County in Plan Book 1. page 40. HAVING THEREON ERECTED the southern half of said double two and one-half story frame dwelling house known as 133 South Enola Drive, Enola, Pennsylvan1.a. Tax Parcel #09-15-1291-126. ~~ L...'" I ~, PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYL VANIA : 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, V1Z: JANUARY 19,26, FEBRUARY 2, 2001 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 2 day of FEBRUARY. 2001 NOTARlA{'SfAl. LOIS E. SNvoi;R. t,Ibtory PubIlc Carliol. Bo.o, Coml!~ndCounty, PA My Commlsoion Ex,",..~n:h 5, 2001' ~ ~"""'R~[,ESTATE5ALENo.1" "- _ ' . .'Wii!'fi'O~43I, _ ClviiTerm '" GMAC M:ortg.g, ~~~~-. ,,~~~t.~~~t ~.. , Betty J. Nelson, deceased, - r her unknown personal -representatives, heirs ~ -.' ~. :~'} A1lY:Wl~Z~irp'UleO ~~. , ' " ,j)!;SCRlPTION ~LL 'llt\TTIRT;:\~iof or pie_C\~ oflandwitll the .; ~bIDldings and irp'prtlvemcnts thereon erected .~'j{uJled i!l Eii~"t P<?IW5VOro Townshir, :t::mnberI.ma (ount", Pcnnsvh'ania, bounded and ~C$fibedasfol1O\\~lowH: . ~m;:GJ.!\(.,lNG at a poillt on the western line of the ~e.Road,_als_o as Enola Dri\'t~, at COrnL>f ~~qs O\\~O~ - :f..dward El~hc1bcr8cr: (Ilre-dion ~long the a OJdlS"f~ttoapojnt ow or nltCrl\r'5fUOliald F. . _' i'ilt!Jl'em-rw~tl:"'"r1fOi.h;otlioil- sat_ _iI. ,_~ a pOIn In e centenn!.' of Jrlilion waU of the doubTe two ana- om:~haU frame dwelling erected in EartQ11JJ\\: IDt " cOn\'e)'ca andl,n part ifpo-n-t'hC- lot ing -on the North; -Illcnce in i"'\WM<.'f1\' : - ~:,alon&.the ccntl.!r line of said- partition safd"'l.-mas .nm"t"'7fffor,nierly af Br12rs a '~~nce.o.f1SO feet' more-or less to a point o~ the ~'&-srcrtl Im~ of Se<ond Street; thence In a :sootherl\' direction along the t'aslem Ihw of ,,'Second StrlX't 11.3 feet to a point on Jand5 now or :Tonnerly of Edward 'Eichelberger; th\!nce in an ~skrly direction along ,said Ei.chelbt.!rger land~ ""JaO_k-,~J .to_ St.,lJe Radd fhe p<Jmf and plJce of ~llE:CL\;~1NG. . , -]'flS:c:thi-~Q1!thpn portion of Lot r\o,l on the ria-Ii-of lot~ of Henry Bt>nder E5lJte, said Plan hciDJ~ recorded in the Office of the Recorder of - Del'l.ls in and for Cumberland Counn' in Plan ;j3ppkl, page 40. .' . n;:wIl\GTHEREO~ ERECTED the southern half ---:'01 s-a-id double two and one.half ~tory fram'e ~"cllmg nousl' knOWD JS 133 50ulh En!)l.! Drive, ~91a,,_Jfcr\f\_~)~h~anii!. )a)CParc~IJ!12:1,~.J~~.QL._.~~~ _. -. __ - ~ I ' . . 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 Ass!. 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 Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and Stale aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854. and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily andlor Sundayl Metro editions which appeared on the 30th day(s) of January and the 6th and 13th day(s) of February 2001. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication 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 phin in Mi cellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY S ALE #14 Sworn to and subscribed before Notarial Seal Terry L Russell, Notary Publ! Hamsbul\!, Dauphin County My Commission Expires June 6. 2002 Mamber, Pennsylvania Association 01 mission expires June 6, 2002 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 $ 242.79 1.50 244.29 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.................................................................... \ 1/3; Thomas 1. Puleo, Esquire Identification No. 27615 1710 Walton Road, Suite 206 Blue Bell, P A 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. 2000-4325 Civil Term, BETTY J. NELSON, deceased, her unknown personal representatives, heirs or devisees AFFIDAVIT OF SERVICE I, Thomas 1. Puleo, Esquire, attorney for plaintiff, being duly sworn according to law, deposes and says that he mailed by ordin~l!P-ail a N~f of Sale pursuant to Pa. R.c.P. 3129.2 upon the persons listed below on the 3/ Jl day of , 200f as evidenced by the U.S. Postal Service Certificate ofMailmg (Form 381 , ~ached hereto as Exhibit "A": Domestic Relations Office Cumberlan County 13 N. Hanover Street Carlisle, PA 17013 Kim Nelson 133 South Enola Drive Enola, PA 17025 Citifinancial, Inc. 3401 Hartzdale Drive, Suite 126 Camp Hill, PA 17011 NOTARYPUBLI [j--- - -"'- NUTARIAL .~EAi.-"'-'- lIS~ M. MALANTONIO. Notary Publie Wl11lpal~ T!Np.. Montgomery Co::,,> " M ~,,",I11~S~!9~"~~~trh2;i:.gQQJ . ~o~ ~i5:2 .~~ :::,50 CI):=0 nie-[ ~o8 E~- ~ra~ 11).20 ~=e;a <c~-g 2 '" . u 0 o Q) ~ 15 g:5 Q) e Vl -- :J.E .~ ~ ~ rt !5< <a ~ ~i ~ ~ X-J::::€ g.~ ~ ~ B100 0; Q...~~ '~-g-8';;; Q)l\1......::2 c:u81/1 l::....QlU) .a~~~ Q).....~i< 'ffiOC.9.5.w EO rn 0'0 .~ ~~"O -g -lii; Q) :.:: g'~:sO't: .~&:.s8<3 ~CITIJ CD o <'I UJUJ @3 0:: I- Cf} 55 "' OU) ~ m .<'1 I 0<'1 ;;a o<l: d'; :>: UJo... l!> -J a: ::>z~ ll..o ...:!J:j U)~w <C;>IXI ~o 0.-=1 i!:~ai ..... -g V) C,j ....'C ~f!c 'C.. 'Cen ~~o , x~ ?~ tritf " ~ a: ci~ .. '0 U)LL ~ ~ '<:> c " -l: " E ~ . ~ u. . . x w;s DE ~ ~ ~a: a: . a:~ . ~ a:u. . '00 ~o Un) .~ , o '. I,j { i ;,,,. i!! (_n ,,>,~, ( ~~ ,- .. 5> 1~~: IIi L~/ ~;.......,' ';1. ",;, '. '8~\~_ " l~~:!";= d: ,~, 'ii .- "" ~'g ,a: 'il- "'~ ~ ~~ '0. ".c ;Etl ".;J . . u. . ~ . - " >, o +J 0.. l::l 50') P-< e ~~ III < . ... Po< ~ Q) i3 '0 '" . ~ (5 " o 0.. '0 ~ . Ol e Vi I~ 'M ... A 0; ~ ~ '" o ~ E 0' <: Q) ri III '" ., +J-< ...-< llle ::C,... -< ~~ -ri ri <J'M Cf} e::c ... 68 j ~ QJ ...... cd u t> .......-1 rl o l=l u.. l::l 0 < l::l '" III c"l Po< tlIN ::t: r:: ~....-l Q) _ M Z III '" <lJ riM+J S 0 i.J'M 2.;jj~ - Q) i> _ 'M ~ Q) ... ~ ri A 00 'M III _ri ri ... 0 III l::l u "" - .c +J +J Q) ;:l Q) 0 ... +J Cf} Z 0') -< .. ~~ "'" "'2 o c .::; ~ N (') .... . 10 <S:.l r-- - ,./' :'i.:l<\ 120 >',;/:: ''',' I . f IJ '. j(') i .< \ t, -::.! \ . / ''":':.' i,., co 0> o ~ ~ ~ lIel^, 8loelUn000\1 .tQ-l "-, N ~ (') ~ ...- '"h_."J~",,",,1lln . .... ~ .?;Ql<ll.l:Ul;:liI -2 g 1!-j ~Ji E e 0._..,)2 ~~XCl:ti1 -g~w :Jl"c.c: 'Ei15=~s ~~~~~K "K 2 ~ua;(,I) ~~:!~8~ ::l! 8'<:-_\:2'0 E ~~.~ ~Ei1 on; 6-8 o:;:::.~ EEc-.'!S!~ ~ g-Eg~~ ~~ ~ui oJ:; '5~.~rx:: a ~ <Il E.!!!~ III <II:{llD,S!lIJg' gii~~-g ~ :;::: >C . >dll > ~ ~ g ~ri 8 ~-8(Uz-o;o .!;. c :::: '2f/J <Il "0 :l:l E . g c.l!i H <1)8._ lO"c2S-ocnlO .!=! ~ ~'~'((.E ~:lC.E~;::: Eg8~~o.!d .g~~-~~1ij e lij.ggE~g~ C",::;W lD~ <II <Il o g,oF-iS~~ ~g'-=E'.~1ij~ :lo=8l;:~';: :.1'= lI5~ Ciiij 5 ;;; o.e.~~ 6:;; .- 60 Q) (lI~ l: ~u-!!!.g~ E~ lI5 :l.g lI5 ~ 'l).= "::~<Il~c::E,s ai ~g3'!;;~$g 0- .g E.~~.n~U)-E c t~ Q3'g~:g~ '(5 u:: Q.leI ill E 8: 0. .g.,Qo8~ 8.0 lei r; _Gl Q)~O<ll 2:ooEoo~ [Ii ciJ ~~=.-"O:O '- F2.,"!:?~:g.:5"ff ~ c: . b L ~ " E is Q; a. Q; " '" E " o a. 10 ~ -L (" ff"" o::~ - . 00 "0.. ~n; E" "~ z.~ -~ ~~ :t ~ ~I 0::.... cs.g "C ~~ ~~ ""' <:" .2 c.!!! ........ , N o ~ I ~ ~ f .. I J <1 ? .: .!! ." 3: .. 0. >- .... >- .c '0 " ;; 0. E o o .. .c ;; ::l :;; E k o U. / .1- I) '--- ...: r-- ex:> (') E o u. en a. ~!,1 "-~~.'''.......'''' ~~~lIiO~\i~"',Il..,.""""~L~","~.{,.iIJlflii!l!'1i'i~i!4J~~a,~",_'~'I""""""o--"i",""">!"""."_",,,~~,o;,,",,~ 1~~Ii:tillll""" ",-~......... ,""""-" ,=.. . 1I~_ ~~"~~""l<J'~'tliid "~--, . (') C c :~ ...., -0 DJ fY' ,,; .,..:) ~ , ,J (0 , G'~ -< - ('~) ~~ '.- . -. , , z: , - , C) (::' 5> c:.:.: ... c:) n"j :7: ::::> .~::::! --j 5::7 '-<, Ul ~, '" "~, ~" > . _'f_, :l " ,I;, ~ ,,,~,_, ~ ~-, ' ~: 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, PENNSYL VANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION : No. 2000-4325 Civil Term v. BETTY J. NELSON, deceased, her unknown personal representatives, heirs or devisees PRAECIPE FOR TIJDGMENT 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 12/1/99 through 11/28/00 Late charges accrued through 11/28/00 Escrow deficit Attorney fees Title information certificate $76,279.58 5,325.32 251.45 410.13 3,813.98 325.00 Total $86,405.46 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. J;. OpJl f the notice is attached. Pa.R.C.P.237.1 AND NOW ,J1Jco 30 , 2000, Judgment is entered in favor of plaintiff and against defendants and damages assessed as per the above certification. fL.:/;, 2 2,~ Prothonotary r ~~ " ~ ~.' 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 : No. 2000-4325 Civil Term v. BETTY J. NELSON, deceased, her unknown personal representatives, heirs or devisees To: Ms. Betty J. Nelson, her unknown personal representatives, heirs or devisees 133 South Enola Drive Enola, PA 17025 Date of Notice: November 13, 2000 NOTICE OF INTENTION TO FILE PRAECIPE FOR ENTRY OF DEFAULT J1JDGMENT1TNDER Pa R C P 2371 IMPORTANT NOTICE YOU ARE IN DEF AUL T 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, P A 17013 (717) 240-6200 ttwup THOMAS 1. PULEO Attorney for Plaintiff w ;iII......-...~ ;~"~ "' . "'__IIIIilIWIoi.~1 - ~ -.~ ~. . '~~;;,,"1lif1i:!;;iilli,",,w'4,,jd'A..:,.i'c4~~~l,,,,,~~i:&EBib l - iIiO~~Ml1<.;"",K""'~'~', "' (:)~ t<17ig ~- C\ ~ ~ -1::: ~ r ~ ~-~ ~ G: r Ii ~ ........... g ,~ ~.!iJ ~~ t<O ~g ~ . , ~~ o o % o <: w o S?, .--l Hip;! .'om .un b;J). "'U ~j~33 ~ ~~ ., .~ :..:: +" HI I' "",,'- " '~, ;, ,I '-0 . I _ 0' __,',_ ,,'- '" ',i , ~;~ ,; , '~, 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, PENNSYL VANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION : No. 2000-4325 Civil Term v. BETTY J. NELSON, deceased, her unknown personal representatives, heirs or devisees AFFIDA VIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYL VANIA SS. COUNTY OF MONTGOMERY THOMAS I. 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 Betty J. Nelson is over 21 years of age, resides at 133 South Enola Drive, Enola, Pennsylvania, and is employed by/as unknown. SWORN TO AND SUBSCRIBED BEFORE ME THIS 13th DAY OF November, 2000. NOT AFiIAL SteAL USA A. KANE. Notary Public Wh,Iparn Twp., Montgomery County My CommIssion Expires May 21. 2001 ffi ~-~'- '".~lilil~I1II!!O,1i~~~1iIJ'.6li.il!Wb~l..,,,,~~~;~-:ilil J I , ." ~~ i-'1if ~'"''"'~".~'li ;~~..k","~'".' l" <C'," , "~~ '<'ltl.tlll ,"' 0 0 0 -ci 0 ., z ..... c:> X-n I~ ..:: 'fl'l;= W -~_m 0 ol, ,;Z: ~ --I ) ~ -....-:ri Q"TI , - -:;;;: :::- 6,' ~ ~ ...c.P. ..g..p '-'~-' '~I <1Inmmnnhttalfq nf 'ennS~hlania COUNTY OF CUMBERLAND COURT OF COMMON PLEAS GMAC MORTGAGE CORPORATION Term, 19 vs. . NO. 2000-4325 Civil Term BETTY J. NELSON, deceased, her unknown personal representatives, heirs or devisees PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: I ssue Writ of Execution in the above matter: Amount due $ 86,405.46 I ntere st from 11/28/00 @l4.20 per diem $ (Costs to be added) $ Puleo Mortgag_ J=or.,c:lo~ur" Ground Rent (Rem) 5-4S (Rw. 1/801 'Jtil" ^",. .~,,~ ~:;MilIaIII~l_'. ~ '~W~_:"''''.Ml~[';'M~""",,,,,;&';:klil.~~h~,;'\',,,,,,,~~,,,-,,,,,__,",;''c-,l~"""""-'.....",,"',,~cl.>-.d;m"';,;,,.;!i1tir,,\~!:lI""'" '1I!liIilIIIi< ., ~~,...., ~""'.~-- ........ "iQ... ~ ~ -l::J::...... - 0 .~~ ~ ~ ~h t.v",,~ fi 8 li?,. . :.o:.aO ~t } c, 0 '" ~ .-\ ~ fJ 0 '.~~. ,... CI} ~ C 0 <: n'1:.ti 0 ~1f;; ~ I) I CH :ny I f I ~ f! 10 ..... , I 00 0 ~ I k' ." :';:J3/i ~ "~~ :lI: 0- ~~ ... ~ ~ ~ iS~ ... ~ s:- ~ , ~ .. ~ . ~ - ~ , , - ~ ""' ""\ ~ -< ~ " ,..~~ _m_~.>~' .._" - - THOMAS I. PULEO Identification No. 2761S 1710 Walton Road, Suite 206 Blue Bell, PA 19422 (610) 941-6050 GMAC MORTGAGE CORPORATION Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS v. BETTY J. NELSON, deceased her unknown personal representatives, heirs or devisees N 2000-4235 Civil Term o. AFFIDAVIT PURSUANT TO RULE 3129.1 THOMAS 1. 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 concerninq the real property located at 133 South Enola Drive , E~ola , Pennsylvania: 1. Name and address of owner(s) and reputed owner(s): Betty J. Nelson, her unknown personal Representative, heirs and devisees 133 South Enola Drive Enola, PA 17025 2. Names and address of defendant(s) in the judgment: Betty J. Nelson, her unknown personal representative, heirs and devisees 133 South Enola Drive Enola", PA 17025 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: None. -1- -------- ~ , 4. Name and address of the last recorded holder of every mortgage of record: Citifinancial, Inc. 3401 Hartzdale Drive, Suite 126 Camp Hill, PA 17011 GMAC Mortgage Corporation 500 Enterprise Road, Suit Horsham, PA 19044 (Executing Mortgagee) 150 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: Dotrestic Relations Office Cumberland County 13 N. Hanover Street Carlisle, PA 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: Kim Nelson 133 South Enola, Drive Enola, PA 17025 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 18 Pa.C.S.A. ~4904 relating to unsworn falsification to authorities. DCite: November 27, 2000 m' , , l . THOMAS I. PULEO Identification No. 27615 1710 Walton Road, Suite 206 Blue Bell, PA 19422 (610) 941-6050 GMAC MORTGAGE CORPORATION Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON 'PLEAS v. BETTY J. NELSON, deceased her unknown personal representatives, heirs or devisee's No. 2000-4325 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO Betty J. Nelson, deceased her unknown personal representatives, heirs or devisees 133 South Enola Drive Enola, PA 17025 Your real estate at 133 South Enola Drive; Enola -MPenhns_ylvania, is cheduled to be sold at Sheriff.' s Sale on Wednesday arc T. 2001 . t 10 00 Cumberl" , ' . : ,a: a.m. , and County Courthouse, 2nd Floor, Corrmissl.Oner's Hecu;ing Room, Carlisle, Pennsylvania, to enforce the court judgment of $86,405.46 ,obta11led 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: 1. The sale will be cancelled if you pay to GMAC Mortgage Corporation the amount of the back payments, late charges and reasonabli attorney's ~ees due. To find out how much you must pay, you may call: (~(610) 941-6050. 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 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 1. 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) '24Dc6390. 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. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff 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 after the filing of the schedule. 7. You may also have other rights and defens~s, or ways of getting y~ur 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 -2- e,'~ ~-"-IlI___moi""ffillillilI~.ill!I'i>MP""'-"'~''''''''''''''''J_'_\'''~'"'k",,,,,","''''''>il~~ " ~~ ,lJI'I'...~,-...... 11_- ~-~ 0 g 0 S; ."n ~ffi ,:.;!l: ''''; a ;!~-2J m <: ,:J3 ~,~ (.,) :-Qm 0 c;? -.~-fiCJ ~8 -0 ".:t.:'"'J"1 :Ji:: g~ c" 5>c r:- 'm :~ <;;! :- :iJ -< ~ ~ " THOMAS I. PULEO Identification No. 27615 1710 Walton Road, ' Suite 206 Blue Bell, PA 19422 (610) 941-6050 GMAC MORTGAGE CORPORATION Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON'PLEAS v. I : I I BETTY J, NELSON, deceased her unknown personal representatives, heirs' or devisees No. 2000-4325 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO Betty J. Nelson, deceased her unknown personal representatives, heirs or devisees 133 South Enola Drive' Enola, PA 17025 Your real estate at 133 South Enola D;ive ; Enola , -Penns31vania, is cheduled'to be sold at Sheriff,' s Sale on Wednesday March T, 2001 ' . t 10 00 ~-\.---l d"O . .' , .'. . .' a : . a.m., '-Ull"-"'.L. an ounty Courthouse, 2nd Floor, Cormussloner s Hem;mg Room, Carllsle, Pennsylvanla, to enforce the court judgment of $86,405.46 ,obtamed by GMAC Mortgage 'Corporation against you. NOTICE OF OWNER'S RIGHTS YOU HAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale ,viII be cancelled if you pay to. GMAC Mortgage Corporation the amount of the back payments, late charges and reasonab:[e atto.rney's fees due. To find out how much you must pay, you may ../2 a 11 : (~(610) 941-6050. 2. You may be the Court to strike improperly entered. for good cause. 3. You may also be able to stop the sale through other legal proceedings. able to stop the sale or open the judgment, You may also ask the by filing a petition asking if the judgment was Court to postpone the sale i i I I I I I I I I - ! i I I m . 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 1. 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) 24Dc6390. 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 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 buyer. 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 unles~ exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting y~ur house back, if you act immediately after the sale. YO~-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 -2- ! ;! Ii iI 'i II ji :I i-J ,I :-j 'I ,! ; J i i I 'I ii I.: ,I I I I I i I I I I :,j [} " ii i! I I i " ;1 I ii fl r: I " I i! Ii '1 i I I .I I I I ,I " ; I i ; , I I ; I I " ~-iI!liilll!ll"li.i~lliiI.mj>lo1"'\i:__'~!hl!.i;;&"IN&Il-l~~"l"',,",.l,,b'-"."':~,~,,i,,"''''''''-''"'-"h~",!l'--l,;i&,~~jr-"~' ,iIl.lillIlii<litii~1lII -, ~~.~"""""lIiltiiIIiIiIII......oiWlilSiillliiliil .- , , (') 8' ~ 0 ~ -I'l I~ :cj <<:: i1~:n (,,) ',..-- -0(9 C ,"'Xl OJ. iO ""0 --'Yo ("') ::!l:: ;~:if 0 '-'-0 z ~ c- Om ..~ ~. -;) ...., .::- -< i f , I. .l - t . THOMAS 1. PULEO, ESQUIRE Attorney 1.D. #27615 171 0 Walton Road, Suite 206 Blue Bell, PA 19422 (610) 941-6050 Attorney for Plaintiff GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS v. NO. 00-4325 CIVIL TERM BETTY J. NELSON, her unknown personal: representatives, heirs or devises AFFIDAVIT OF SERVICE THOMAS 1. PULEO, Esquire, attorney for Plaintiff, being duly sworn according to law, says that the Civil Action - Mortgage Foreclosure Complaint was served by publication on Ot!Jo b$ C)O I ;JOtJO . Proof of Notice of Publication is attached hereto as Exhibit "A". THOMAS 1. P EO, ESQUIRE Attorney for Plaintiff Sworn to and subscribed before me this~j day of ~& ,2000. r I!--/---' ~~~' Notary Publ c NOTARIAL SEAL L.'S~ M. MALANTONIO. Notary p. ublic WMpaln Twp.. Montgomery Coun.tv ,~y Commission Exp~ .01 4 _~.o.,.,.c,..._,.'".."_"..""._,,.,...., '""._ 1'i , . PROOF OF PUBLICATION .~ State of Pennsylvania, County of Cumberland. ':~~~~~:. Sherry Clifford, Classified Ad Manager of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication ~, :'_"'::-:~=- IN THE COURT OF COMMON PLEAS OF ~ - -<S:JJMB.Efl!-A~D CQ\JNTY, PI;I\INSYLVANIA . - . -- {'-. CIVIf,. ACTION - l.A W. -~-_-...: ~ NO: O.9,~4~25 CI'YJL TF~I1.M _ N,q~'SE?I,'7c-r!ON IN,MORTG~~~ f9~~F"LO<S~U~E BMA.G..MOHfGAGE CORPOFrA.'rfbN, FtAfNTIFF v~. ~?:'-I;.~SOIli. H!;l1 UNJS'~OWN PERSO~AL ... RE;P. R"~ TATIVES.HEIRS OR DE.'ilISES. .. i::'1L.:E5ND TS .' . ~--=- ,", - ,~- - ~~f,(~J~~~?~~lB~~~~%~:~,R~ON~L ~. e.!._~.n.. da.9!..$.'. .~hQS.. a. l"...S.\."k>'10\!Vn. a.ddr~s.s Is 133 South - ..~J~~r~ Sno'~,_I:;A~17g2.:j: . ir.Ji,l~~~t.ehY'.OQ~ft:._d_th~t"P."r~intift "GMAC - ,_FlTGA,.q,ECORPQfl:ATION has filed an Mortgage -pre-Closure Complaint endor$ed with a Notice 10 ~1:teteno;~ainst.yo.u iri_:ill~_ CQi,rt 'of J~.omm9n Pleas of ~1?eJ:lan9 G9untYI.t.en1)sylyanj9~-flocketed to No. 00- F4~.~ qlVK_ TER~, wli~r~tn P:l?-intf~ ,$~_~_ks to foreclose on. tFl~ m~illlage secLJreq on y.QJ.!( property located, 133 - - u ~n,,9.@. Drive,,gno@,PegJl,sy[vani!'l17025. =- whereuPQ[l,_your property woutabe sokf by the Sheriff of Currrl:)~rland County. _ _ ' . , - .___d_." .a~ ' NOTICE BEEN SUf;p IN GCiQ$Tjt you wish to . st the claims set forth In the above;, you - ,,- . tLQf1_yJ_ithm tw~nty (2~sfays:~er thJS-~ ~plai d nO~lc\3: are serv~9, b~ entering fl written ppp~eara _.. p-ersonal1y orby attorney and ffling in writing ~R~ the Q9,u!tyour defenses or objections to the claim<. ~ fg,rth ~.~mst you. You,a~e.wa._rn9d ttlat if yqu fail to do _ _ tfie, c~$_e_ may proceed without YO!J and a judgment '*~'iI Be ent,~red against you by the Court with_out further :'.Qti:c_e_[Qt~y_ mO!1ey claimed In the 9-p!"plail1t_ or for any 1!1~r cl~i!n..or. relief f1~quested,.by the ,p.!ain,tl.f.f, '(Q,u may ~lp~e f1)2'1'i.!'y',or property or other right~ [mp9l!<!fI! 1.0 you. IQ,U Sl:!.o.ULD TAKE THIS PAPER fo YOUR , ' AWYER,j>.T ONCE;, IF YOU DO NOT HAl1~ A -,-WYEfl~QR_ CANNOT AFFORD ONE, G-O TO OR UO.J-EPHONE THE. OFFICE SJ;:T'F:PRTH S'ELDW TO :.. rsJD OUDvHERE YOU CAN GET LEGAL HELP'- ;'~~h<-;~:riit .CQVI1T A.Q~IN'~TRATO,R . - 4TH FL,OOR, CUMBERLAND COUNty COURTHOUSE ~;~~-~~dAF,tllSLE, PA 1'7Q13" (717) 240:62Q_Cl._'_: ' ~Ttu:!.ma-s L -Puleo, Attorney for Plaintiff . I:. 17M Walton Road, Blue Bel1, PA 19422, (61 D) 941~6050 October 16, 2000 Affiant further deposes that he is not interested in the subject matter of the aforesaid notice'or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this 30th day of November ,2000 ~ 0 ,c::iJ~ Notary Public My commission expires: -I ",-- Nl!mCE In the Court of Common Pleas of Cumberland County Pennsylvania CivtlAction-Law No. 00-4325 Civil Tenn GMAC MORTGAGE CORPORATION, PlAINTIFF VB. BETIY J. NELSON. HER UNJmOWN PERSONAL REPRESENTATIVEs. HEIRS OR DEVISEES, DEFENDANTS set forth against you. You are ed that if you fall to do so the warn . and case may proceed WIthout you t .udgment may be entered agains a J by the Court without further you d in the notice for any money daime complaint or for any other claim or relief requested by the plaintiff. :u may lose money or property or 0 er rights important to you. YOU SHOULD TAKE TIUS PA- PER 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. COURT ADMINISTRATOR 4th Floor Cumberland County Courthouse Carlisle. PA 17013 (717) 240-6200 THOMAS I. PULEO Attorney for Plaintiff 1710 Walton Road Blue Bell, PA 19422 (610) 941-6050 NOTICE OF ACIlON IN MORTGAGE FORECWSURE 10: BETIY J. NELSON. HERUNJmOWN PERSONAL REPRESENTATIVES. HEIRS OR DEVISEES. Defendants. whose last known address is 133 South Enola Drive. Enola, PA 17025: You are hereby notified that Plain- tiff, GMACMORTGAGE CORPORATION has filed a Mortgage Foreclosure Com- plaint endorsed with a Notice to De- fend, against you :in the Court of Com- mon Pleas of Cumberland County, Pennsylvania. docket-ed to No. 00-4325 ClvilTenn, wherein PlainliJf seeks to fore, close on the mortgage secured on your jlroperIy located. 133 Soutb EnolaDrive. Enola, Pennsylvania 17025. whereupon your property WOUld be sold bytbeSher/Jf of Cumberland County. NOIICE YOU HAVE BEEN SUED IN COURT. .If you wish to defend against the claJrns set forth in the above. you must take action within twenty (20) days after this complaint and notice are served. by entering a written appearance personally or by atlomey and JlIJng in WTIting with tb.e. Court your de- fenses or o~tf0m.s ts the claims Oct. 20 I', --~ . J4k , PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esqnire, Editor ofthe Cumberland Law Journal, ofthe 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 20, 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 J Roger M. Morgentha1, Editor SWORN TO AND SUBSCRIBED before me this 20 day of OCTOBER. 2000 MO R L LOIS f. SNYOER, Nofooy I'ul>Ik C<oriitle 8010, Cumboriand County, PA My Commiooion bpi... N\an:h 5, 2001 ~, ~-"^ ~ ~\.. . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor ofthe 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 her\lto 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 20, 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 I~ Roger M. Morgentha1, Editor SWORN TO AND SUBSCRIBED before me this 20 day of OCTOBER. 2000 AL LOIS E. SNYDER, Notory Public Corl;,J. Boro, CumborlandCoumy, PA My Commilllon Expires .Morth 5, 2001 . CUMBERLAND LAW JOURNAL NOTICE In the Court of Cornmon Pleas of Cumberland County Pennsylvania Civil Action-Law No. 00-4325 Civil Term GMAC MORTGAGE CORPORATION. PLAINTIFF vs. BErrY J. NELSON, HER UNKNOWN PERSONAL REPRESENTATIVES. HEIRS OR DEVISEES. DEFENDANTS NOTICE OF ACTION IN MORTGAGE FORECLOSURE TO: BETIY J. NELSON. HER UN- KNOWN PERSONAL REPRESEN- TATIVES, HEIRS OR DEVISEES. Defendants. whose last known ad- dress is 133 South Euala Drtve. Enola. PA 17025: You are hereby notified that Plain- tiff, GMAC MORTGAGE CORPORA- TION has filed a Mortgage Foreclo- sure Complaint endorsed with a No- tice to Defend, against you in the Court of Conunon Pleas of Cumber- land County. Pennsylvania, docket- ed to No. 00-4325 CMl Term, wherein Plaintiff seeks to foreclose on the mortgage secured on your property located, 133 South Enola Drive, Euala, Pennsylvania 17025, where- upon your property would be sold by the Sheriff of Cumberland County. NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the above, 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 objec- tions to the claims set forth against you. You are warned that if you fa1l to do so the case may proceed with- out you and a judgment may be en- tered against you by the Court With- out 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 PA- PER TO YOUR LAWYER AT ONCE. IF YOU DO Naf HAVE A LAWYER OR CANNaf AFFORD ONE. GO TO OR TELEPHONE TIlE 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 TIlOMAS I. PULEO Attorney for Plaintiff 1710 Walton Road Blue Bell. PA 19422 (610) 941-6050 Oct. 20 2 I, "', 01:' < ~ PROOF OF PUBLICATION ~ State of Pennsylvania, County of Cumberland. Sherry Clifford, Classified Ad Manager of THE SENTINEL , of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication ---;,;~ ~ ~-..::::.- -~N-J:..Ji~ QOJ.!BT OF COMM,ON PLEAS OF 5 ,--=:.,:::~~Mfl;ERLANQ_COUNTY, PENNSYLVANIA ~--- -- L--='_ L -. _G.1V!t. Ae-TION ~ LAW - , -': NO. QO-4325 CIVIL TER-M -.~~'S5 o.,F ACT~_~NJ\'I-MOR-..TG~.GE FOR~9I,.pSURE ~A~qRTGAGJ; COR~OF1ATlb'N, PLAYNtr-FF'v~. BJ;IT ~NEI".SON, H_ER UNKNOWN PERSONAL _ ~~~NT_ATIVE.S,.HEIRS OR DEVISES FE:,lifo'ANTS ' , .- ~~-- . ,-,-. " ' , - oe.:J3 _ _' S:-NEL~tON, HER UNKNOWN PERSONAL ~~E-,-Si~NTATNI;S, ,HElB~_PA QEvrSEES, D,gfenQ?:nts, whose last known address is 133 South JlOJa-~~ve, ~!,,_or~, Pf..._~7025; -- ~u e, erepy-n'otrned tha~ Plaintiff -GW\C ,.:2.R.I?iJ.GECOJ:lF,PJ1AilQN has fH~d an Mortgage r-on- e CO!Tlplaint endorsed with a Notice to ~nq,_~alnst you.in..thr; Court of Common Pleas of __ .o..d_CountY,_EermsyLvania, docketed to No. 00. ?-C"!yIL TERM~ whe,rein Plaintiff seeks to foreclose ~-themQr1fIage secured on your property located, 133 ';oJ.l~f1_gg_ola Drive, ~nola, PeDnsYlvania 17025, ,,<<h_l?.r~u ol'),your prqperty wOl!.ld, be sold by the S.heriff of ... CUfl.l./:l_er and Co_unW. . ." . , _ .,... ., ' '1-..NOTICE 0, I18VE. BEEN SUED IN COURT. If you wish to l:tefe~ ~alnst lhe claims set forth in the above you m\!_s, tp..s,~ action ~ithin twenty: (20) days after th'is \ ompla_ln! ~nd notice are serv'iKf, by entering a written 1- J5~~rance personally orby attorney and filing in writing _ttfttliELCourt your defenses or objections to the claIms ~ffOrtbig~jnst you. You are warned that if you fail to do -~ ~. ___-!I}~~e may pro~eed without you and a judgment m_~b~~~te{ed agamst you I;?y the Court without further n'Qtice totany money claimed In the complaint or for any oUrer ,c~a.im or reli~f requested by the plaintiff. You may QSs_J'D.@.eyorpropertyorolherright!?importanttoyou. ,;YOlJ..5.I:'{OULD TAKE THIS PAPER TO YOUR C~WY-'m.AT Ot'JGE.IF YOU DO NOT HAVE A - lAY:!YI9R CANNOT AFFORD ONE, .GO TO OR .LE:P QNE THE OFFICE SET FORTH BELOW TO _ NDO~IWHEREYOUCAN(3ETL.,EGA.LHELP. ;j,..;i;ie-->~...- GO_URT ADMINISTRATOR ~4,T~~)QOR,CUMB.Bk~~QPO~NTYCdURTHOUSE ~A'-_-9.hEluslE', PA 17013 (717) 240,-62QG ~-hc;irhas.LPuleo. A,namey for Plaintiff Ji1 Tl_O Walton ROl!d~ Bfu~B~[', P* 19422, (510)<941,6050 October 16, 2000 ,!\ffiant further deposes that he is not interested in ~:he subject matter of the aforesaid notice or :advertisement, and that all allegations in the . "oregoing statement as to time, place and character Jf publication are true. Sworn to and subscribed before me this day of October , 2000 19th ~ o -d)U.A/H_L.~ Notary Public l My commission expires: NOTARIAL SEAL ~o. DURNIN. NOlaI)' Public ........, 80ro.. Cumberland County Commission Ex ires Au , 9. 2003 J "~ , , ~ ~, ' L -' k '~- '- ~" ,".- '.:c,. ~ Thomas 1. Puleo Identification No. 2716 1710 Walton Road, Suite 206 Blue Bell, P A 19422 (610) 941-6050 Attorney for Plaintiff GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS v. NO. 2000-4325 Civil Term BETTY J. NELSON, deceased, her unknown personal representatives, heirs or devisees : AFFIDAVIT OF SERVICE THOMAS 1. PULEO, ESQUIRE, attorney for Plaintiff, being dilly sworn according to law, says that he mailed by registered mail, return receipt requested, a true and correct copy of / /CfL- the Notice of Sale pursuant to Pa.R.C.P. 3129.2 upon the persons listed below on the day of ~ &;2000, as evidenced by Post Office receipt number 70993400001141686993, receipt was subsequently returned to the undersigned noting moved, left no address/unclaimed on , 2000 which receipt is attached hereto as Exhibit "A". Betty J. Nelson, deceased, her unknown personal representatives, heirs or devisees 133 South Enola Drive Enola, P A 17025 OMAS 1. PU EO Attorney for Plaintiff SWORN TO AND SUfl~BED ~FORE rvw: THIS {r r'-DA Y ,~W1 ,20~ ~ 'Sf(~40$ C;~ - NOTARY PUBLIC NOTARIAL SEAL LISA M. MALANTONIO, Notary Public VVhitpain Twp., Montgomery Coun :'''Y CommissionExplms Marcib.22... " + .1. ArtICleA~U: 4t~~1 ~~n~:J [3~ l~~ ~ I tZ?-/70:f..5 3. ~er-'ice ?iPe ~edMail o Registered o Insured Mail o Express Mail u:zf R.Ptum Receipt for Merchandlse tIc.O.O. 4. Restricted Delivery? (Extra Fee) 2. Article Number (Copy from service lab~{ i Q a '2.. I () 0 o{ ?t.fo () 6 If / , ::1../ <... g fa I 7./ ~s F~lrm-38J~, .JUlY 1~~9 ~, ., , . pomestic Retum Receipt o Agent P Addmssee DYes o No DYes 102595-9W'178_9 \ --~ _iU I fI1ijlllilt~~~~~!'l'llDIitiI~~'''-~~<l~tl'-'''Wi>~I!f~,liil~~~i1i~~'-~:iI~' lIl\IfIIIli8iiIlIilJIlI~ (") 0 0 c: 1::: -n , ~m ~ ..'-1 :Do rn ;Z :::C 11 :1' nj-:,. Cl)l" ",1m "',~ ~'? 0:> .;EJ? -- (""I ':~_! , ~ ~. ~(') " .T~ :3: -:=--1'1 ;.>0 ~ ~o c:: Om 2" ?,g -, N ~. (..;, -< _ ,,_ v" 'j ~ " , ~, , " ." l';_ I ',,-~ " ,-: !::'l ') I,; !: ~ ' i , Thomas 1. Puleo Identification No. 2716 171 0 Walton Road, Suite 206 Blue Bell, PA 19422 (610) 941-6050 Attorney for Plaintiff . " ,:: : "! ",( H ii .I i ':l , J :1 ',:1 Ii ':1 t :\\ ~! Iii d u i,i Ii! :;! ::1 J\ '! ;! ~l GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS v. NO. 2000-4325 Civil Term BETTY J. NELSON, deceased, her unknown personal representatives, heirs or devisees : AFFIDAVIT OF SERVICE law, says that he mailed by ordinary mail a true and correct c~fp of the Notice of Sale pursuant to Pa.R.C.P. 3129.2 upon the persons listed below on the / ~y of ~~2000. Betty J. Nelson, deceased, her unknown personal representatives, heirs or devisees 133 South Enola Drive Enola, P A 17025 HOMAS 1. PULEO Attorney for Plaintiff '1 " f! ~: d r'l tl II Ii , ,I II II j " " 'I il , ~l " )! ~l t1 II rl f! f( THOMAS 1. PULEO, ESQUIRE, attorney for Plaintiff, being duly sworn according to ;; \! SWORN TO AND SUB~qI}IBED B)i;FORE ME IHIS / ('f'1---.BA Y tz:~~;t~ NOTARYPUBLI . r NOTARIAL SEAL , LISA M...,MALANTONIO, Notary Public ! Whltpaln Twp., Montgomery Countv . ~~~52'1!!!!!'.!ssion Expires March 22,}(1n" , ~ . 1Ii~~_rnliioioll~~~IlImi~i;d;"I_j~;tjj;!'M:=,"Miii_",,",-~;'i~~ ~ Jil~ _ ~ oiI-lIIiIlW\iiilillllllli~~ (') 0 ~ C :;:: '- -....! -o~'P ~ ..'('" ~''Tl :'liFJ :x' -:~1?:1 " en-"''' <>> p~ /', 27 :::-. ;<:0 -0 -r: . ~~ :::ll: q:!J - 0 W "'-rt1, .. s:{ ~ N 11 e,,) ~ ,-I, " I - ,-",.,~", ,- '" -='--,; ,.... THOMAS 1. PULEO, ESQUIRE Attorney 1.D. #27615 171 0 Walton Road, Suite 206 Blue Bell, P A 19422 (610) 941-6050 Attorney for Plaintiff GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY \,i i' ii v. NO. 2000-4325 Civil Term (i " ~': i~' ~,' )J BETTY J. NELSON, deceased, her unknown personal representatives, heirs or devisees " I: I, I I [-, r I Ii ,,' [! I'! I I II I I' ;i AFFIDAVIT OF SERVICE THOMAS I. PULEO, Esquire, attorney for Plaintiff, being duly sworn according to law, says that the Notice of Sale was served by publication on December 20, 2000 cpd December 29, 2000 Proof of Notice of Publication is attached hereto as Exhibit "A". TOMAS I. PU 0, ESQUIRE Attorney for Plaintiff Sworn to and subscribed before me this 3Ft-day of l" 'if 'iAr.I~T 8F~AT~ ,,- .'." I.IS,A M ~,I,",MlIONIO, NolRII, rllIJIi" Whitpa;n fwp , Montgomery f;OIlIl '~Y~Q_~!!~~~,.:~~h,n Fv ~~ M~.I'1;ll2?, 2%,t!. + . PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland. Sherry Clifford, Classified Ad Manager of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication ..---.....,;;.,,- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COU_NTY, PENNSYLVANIA CIVJL DIVISION _ N.O. 2'000-4325 CIVIL TERM: - - GMAC MORTG.AGE CORPORATION PLAINTIFF VS BETTY ~:_ ~.ELSON, DECEASED, HER UNKNOWN PE8S0NAl REPRESENTATIVES, HEIRS OF ~_~ISEES, DEt='ENDANT (8). ~J'JlOTlCE OF S.HERIFF SALE OF REAL PROPERTY" ~TQ;_a:ETT'r' J_._~_~LSON, DECEASED, HER UNKNOWN , PERSONAL REPRESENTATIVES, HEIRS AND - ES, who.s~Jast known address is 133 South Ene- ~,Enola,.EA 17025; hous~(@al estate) at 133 South Enola Drive ..- _ _ ~ - -~ 170~~~ is sched_uled to be sold at Sheriff's ~Ie on Wednesc;l.ay, March 7, 2001, at 10:00 a.m. Cum. tp;:erh:l.nd Cou~ty Courthouse, 2nd Floor, Commissioner's ~!:1~anng Room ,. Carlisle, Pennsylvania, to enforce the ~rt JUdgemen. t of $86,405.46, obtaine(j by GMAC , ortgage Corp.9L~lion against you. . -, _NOI--!.~E OF QWNERS RIGHTS ~ YQU MAY B:E ABLE:; TO PREVENT THIS ~~__ : ':~SHERIFF'SSAlE ~"'(? prevent this$.h_eriff's Sale you must take immediate 0aCttO~. The s~le y.tlll be cancelled if you pay to the ~o~gagee the ba.ck payments, late charges costs and ':E!a !,!-~b~e atlortley's fees due. To find out how much ~ oo-must pay, Y9!!mayc.~!1 (610) ~~1.6050, You maybe ~ble ~o stop the &..C!le by flhng a petition asking the Court ~ str~ke or oP_e._fltl"\ejudgment, if the judgment was ~ Imp!c:perly ~nterl?,d. )'au may also ask the Court to post- pro~~ 1~~_sale30~900d cause. You may also be able to ~?e '~je sale thrpugh other legal proceedings. -----:."(ou_~ay ne.e~ .~.Q attorney to assert your rights. The ~O_Q~QU contact one, the more chance you will have [-oJstopp.rng the &.ale (see notice below on how to obtain (,.wp:"tt.o.rney). , ---- '. ~_ _ 'YOU MAY STILL BE ABLE TO SAVE YOUR !:.PROP_ERTY AN.D. Y,?U HAVE OTHER RIGHTS EVEN ~ IF THE ~ftEro..fF. S SALE DOES TAKE PLACE. ~ If-~~~_ Shen.ff s S3l!e. IS not stopped, your property will be ~sol.a to, the highest bidder. You may find out the price bid rtiY-calhng (610) 9A1-6050. ~eu m~y ~e a~l~ to petition the Court 10 set asIde the ~Ie lfttle bid pnce. was grossly inadequate compared tc (the value of your property. i::.., TfJ~ same >>,nl gp~through only if the buyer pays the ~re,!ffthe full amount due in the sale. To find out if this ,_ ' :as fiappened, YO.!,! may call: (610) 941-6050. f ~ If ~e amoun~ dyg,from the Buyer is not paid to the r Shenff. you will remain the_owner of the property as if the sale never happened. ." -'(au may be enti!!~d to a share of the money which was . paId for y'Ol;lr hO!J~!t A schedule of distribution of the _' rn~R'~ ,b(ld fo~ YOl,!!.tlO.use wlU_be filed by the Sheriff with- J~. I Y 30) days of the date of the sale, This schedule w!" state ~ho w,W be receiving the money. The mone , will be paid out m accordance with this schedule unfe~s exceptions (reaso.ns why the proposed distribution is wrong) are flied With the Sheriff within ten (10) days after the schedule of distribution is filed. You :nay also have other rights and defenses orwa s of gettrng your home back, if you act immediate'ry 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 CUMBERLANQ_90UNTY LAWYER REF'ERRAL COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 Thomas l. Puleo, Attorney for Pla,intjff 1710 Walton Road. Suite 206 Blue Bell PA 19422 (lt10) 941-6050 ' , December 20, 2000 Affiant further deposes that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. -~"~/ December 20, 2000 Sworn to and subscribed before me this 20th day of December , 2000 li-~~ ~ //2v~ Public My commission expires: ~ Notarial Seal . Wendy L. Metzger, Notary Public Carlisle 1?o~o, Cum?erlaJnu~:~u~~01 My commISSIon Expires ' . Member. Pennsylvama Association 01 Notaries ",&-.. .1 I I ~ , ," -.'~ ""., '.- jO;' ...,., ~ ' 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 DECEMBER 29, 2000 Mfiant 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 ROge~ SWORN TO AND SUBSCRIBED before me this 29 day of DECEMBER. 2000 -L. d...t.A ../ NOTARIAL SEAL lOlS E. SNYOIiIl. NotarY Public Corl"'_ Boro. C....b.....nd County, PA My Comml__ Expi.... March ~. 2001 - ....,..'" ~~'#/ ,"", '.'. CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Division No. 2000-4325 Civil Term GMAC MORTGAGE CORPORATION. PLAINTIFF VS. BETIY J. NELSON. DECEASED. HER UNKNOWN PERSONAL REPRESENTATIVES. HEIRS or DEVlSEES. DEFENDANT(S). NanCE OF SHERlFF SALE OF REAL PROPERlY TO: BETIY J. NELSON. DECEASED. HER UNKNOWN PERSONAL REPRESENTATIVES. HEIRS and DEVlSEES. whose last known address is 133 South Enola Drive, Enola. PA 17025: Your house (real estate) at 133 South Enola Drive, Enola, PA 17025, 1s scheduled to be sold at She:r1ffs Sale on Wednesday. March 7. 2001. at 10:00 a.m. Cumberland County Courthouse, 2nd Floor, Commission- er's Hearing Room, Carlisle, Penn- sylvania, to enforce the Court Judg- ment of $86.405.46. obtained by GMAC Mortgage Corporation againSt you. NOTICE OF OWNERS RlGHTS YOU MAY BE ABLE TO PRE- VENT TIDS SHERlFF'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 Qut how much you must pay, you may call (6\0) 941-6050. You may be able to stop the sale by ft11ng a petition ask- ing the Court to stIike or open the judgment, if the judgment was im- properly entered. You may also ask the court to postpone the sale for good cause. You may also be able to stop t..lJ.e sale through other legal proceedings. You may need an attorney to as- sert your rights. The sooner you contact one, the more chance you will have of stopping the sale (see notice below on how to obtain an attorney) . YOU MAY STILL BE ABLE TO SAVE YOUR PROPERlY AND YOU HAVE OTHER RlGHTS EVEN IF THE SHERlFF'S SAIE DOES TAKE PLACE. If the Sheriff's Sale is not stop- ped. your property wl1l be sold to the highest bidder. You may find out the plice bid by calling (6\0) 941- 6050. You may be able to petition the court to set aside the sale if the bid price was grossly inadequate com- pared to the value of your property. The sale wl1l go through only if the buyer pays the Sheriff the full amount due in the sale. To imd out if this has happened. you may call: (6\0) 941-6050. If the amount due from the Buyer is not paid to the Shertff. you will remain the. owner of the prop- erty as 1f the sale never happened. You have a right to remain in the property until the full amonnt due is paid to the Sheriff and the Sher- iff gives a deed to the buyer. At that time. the buyer may bring legal pro- ceedings to evict you. 3 , , ..~.. "" CUMBERLAND LAW JOURNAL You may be entitled to a share of the money which was paid for your house. A schedule of distrtbu~ tion of the money bid for your house will be flied by the Shertff within thtrty (30) days of the date of sale. This schedule will state who will be receiving the 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 sched- ule of distribution 1s filed. You may also have other rights and defenses, or ways of getting your home back, if you act immedi- ately after the sale. YOU SHOULD TAKE THIS PA- PER TO YOUR LAWYER AT ONCE. IF YOU DO NUT HAVE A LAWYER OR CANNUT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle. PA 17017 (717) 240-6200 THOMAS I. PULEO Attorney for Plaintiff 1710 Walton Road Sulte 206 Blue Bell. PA 19422 (610) 941-6050 Dec. 29 4 I' " "1!i;1ift"M~KQIJ!W!ltllJr;~ -~ ..li>.41WfllIt!~l>"'~.~k,~,-W~~~OI- ~,~' () ~; '"1;')fJ:. ~~I:: '(j)'/ --..::.~- r.;:Ci >...., Z~:.~ ):..?:; :~ .~ilIU'..~'~ .~- o C) "to; ..." -f1 CG 1 C. ,,-.,";\ } -', '--_:~~~ ~:~~B i.'Srn "-::2 ~D -< ""1,:) :.:!J: :.:? ",