The URL can be used to link to this page

Home My WebLink About00-04659 THOMAS I. PULEO IDENTIFICATION NO. 27615 1710 WALTON ROAD. SUITE 206 BLUE BELL, PENNSYLVANIA 19422 (S10) 941-6050 ATTORNEY FOR GMAC MORTGAGE CORPORATION 500 Enterprise Road, Suite 150 Horsham, P A 19044 v. JAMES L. KIRK, JR. 158 South West Street Carlisle, PA 17013 PLAINTIFF CUMBERLAND COUNTY COUR T OF COMMON PLEAS DIVISION TERM, No. 00 - J/J,SC( (!IU~ L Ii;. CIVIL ACTION - MORTGAGE FORECLOSURE COMPLAINT C~~C?cuJl.y 2~ PSSOCi-<a-.{.tc.0 ~ .1...1 b EA=:I {J..~ ~/!;;L-r., PA t 70JJ 7/7 -.:}l{<;-J/G.(" "NOTICE -You haye been sued in court. If you wish to defend against the claims set forth in the following pages, you must take aellon wiUlin twenty (20) days after this complaint and notice are salVed, by entering a written appearance personally or by attorney and tiling in writing with the court your defenses or objections to the claims set forth against you. You are wamed that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other daim or relief ~eques\ed by \he plaintiff. You may lose money or property or other rights Important to you. "YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. C t Administrator 4th Fl County Courthouse Car1is1 17013 (7 240-62 '=', "- "AVISO -La han demandado a usted en la corte. Si usted quiete defenderse de eslas demandas expuestas en las p~ginas siguienles, us(ed tiene veinte (20) dias, de plazo af partir de la feeM de la demanda y la notificati6n. Hace falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que sl usled no se defiende, la corte tomarA medidas y puede continuar la demanda an contra suya sin previa aviso 0 noli fica cion. Ademes, la coarte puede decidir a favor del demandante y requiere que usled cumpla con todas las pravisiones de ests demanda. Usted puade perder dinero 0 sus propiedades u atros derechos importanleS para usted. "LLEVE EST A OEMANDA A UN ABOGADO INMEDIA T AMENTE. SI NO 'IENE ABOGAOO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TEL~FONO A LA OFICINA CUYA OIRECCION SE ENCUENTRA ESCRITA ABAJO PP<RA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Administra r, C and County Courthouse PA 17013 240- ,,", THOMAS I. PULEO IDENTIFICATION NO. 27615 1710 WALTON ROAD, SUITE 206 BLUE BELL, PENNSYLVANIA 19422 (610) 941-6050 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION 500 Enterprise Road, Suite 150 Horsham, P A 19044 CUMBERLAND COUNTY COURT OF COMMON PLEAS DIVISION v. TERM. JAMES L. KIRK, JR. 158 South West Street Carlisle, PA 17013 No CIVIL ACTION - MORTGAGE FORECLOSURE COMPLAINT 1. Plaintiff, GMAC MORTGAGE CORPORATION, is a corporation organized and existing under the laws of the Conunonwealth of Pennsylvania, with offices at 500 Enterprise Road, Suite 150, Horsham, Pennsylvania. 2. Defendant, JAMES L. KIRK, JR., is the mortgagor and real owner of premises 158 South West Street, Borough of Carlisle, Cumberland County, Pennsylvania, hereinafter described, whose last known address is as stated above. 3. On the 27th day of May, 1999, the above named mortgagor made, executed and delivered a -1- -I " ~~ ~;j , 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 1545 page 687. 4. The premises subject to the said mortgage is described in Exhibit "A" attached hereto and made a part hereof 5. The mortgage secures defendant's certain Note dated the same as the mortgage in the amount of$71,213.00 payable in monthly installments with interest at the rate of7.5% per annum. A copy of the said Note is attached hereto, made a part hereof and marked Exhibit "B". 6. On the 27th day of May, 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 Miscellaneous Book 641 page 176. 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 7.5% per annum from 12/1/99 thru 5/31/00 ($14.57 per diem) Late charges accrued thru 5/31/00 ($24.93/month) Escrow deficit (taxes and insurance) ($125.24/month) Attorney's fee (5%) Title information certificate $71,213.00 2,666.31 124.20 108.20 3,560.65 325.00 Total $77,997.36 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, a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "C". -2- I' , c ~ ,_ '" "_I' ,,"-_? - - ;'-,' ", "I~ 10. The aforesaid mortgage is insured under Title II of the National Housing Act, and therefore, is not subject to the provisions ofPeunsylvania Act No. 91 of 1983. WHEREFORE, plaintiff demands judgment in the sum of $77,997.36 plus interest, late charges, escrow amounts and costs to the date of judgment and foreclosure of the said mortgage. THOMAS 1. P 0 Attorney for Plaintiff -3- q':Fr. , , II'_-C:",'::-",,_ -.n, "',f"c " '," ',c. ,'~ . ,-; ~~,,- '4 . . . . . " .'-" . , , ", -',. , '.' . .. , -", ,'" , . ., --. , ' . . . .. . . . . . . '-- . - , , . ,. . . . . . ,',""-'-' . ".,. .,' . ,'-' '. '. . '. .':'..:','-' .,.......:. . . " , . ,- . -- '. . .. , .'... '-',' . ... .' .'.. . '.',." .',. , . . , . ',. .... .....:-~ ~.-O..~i........::.....;~;_~..,..;~.._i....._~~;_:.:~~&.:..L.:.;..:.:...:~~~~.:.;~c...~_,~:..:..'~~: .'..._, ",- . . .:..;...,~~,.:.,;..,:..:.~_~~,...~,~,:',:':",,",____...L,;...... ",~,; c.___..: ..."...~~_,~,.. DESCRIPTION ALL THAT CERTAIN tract of ground situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: On the North by property now or formerly of Laura E. Walters; on the East by South West Street; on the South by property now or formerly of Amanda Ritter; and on the West by an alley. Having a distance of 22.5 feet in front on said South West Street and extending in depth at an even width a distance of 95.0 feet to the alley aforesaid, and being improved with a two and one-half story brick dwelling house known as 158 South West Street, Carlisle, Peunsylvania. , . - EXHIBIT A -. ., ,,'~-'" ",""'~''''''f'd-'"..,:';'':~:~~',:-'-'- ~"--; ,"~", .^' '--', " ,,'~',,~~'.~. -" -~".''''-~' . --r ' . .,~ LullO I'H.': VOO I ""IV' 'Bofrowe" . JM.lEs L KIRK, JII. JlHA Caw Na 441-5999156 70) NOTE May 27, 1999 158 S. WEST ST CARUSLB, PBNNSYLVANIA I7DI3 IprapenvMdr"'1 I. PARTIES .Borrower" means each penon ligning It the end of this Note, and lhe penlon'! IUC:CCSSOrs and aulg means ACCUBANC MOItrOAGE CORPORATION and ils lucceaon and assigN. 2. nORROWER'S PROMISE TO PAll INTEREST In return for It loan received from Lender. Borrower promises to pa)' the principal sum of S TIIOUSAND mo IIUNDREI) TIIIRTEI!l'I..d NO/IOO Dollars (U.s. S 71,113.00 ). plusinler..t, 10 lhe or<! Inlerest will be charged on' unpaid prlndpal, from the date oC dbbunemcnt of the loan proceeds by Lende of SEVEN and ONMIALF percent ( 1.500 '" ) per year unlillhe fuD .moun' of prindpllllw he.. polll. 3. PROMISE TO PAY SECURED Borrower's promise to pay is lCCured by 8 mortaage, deed of trusl or limOar security instrument that is d8 e same date as this Note and called the .Security Imlrumcnt.. The Sceurlly Instrument proted! the Lender from 6; which might ltauh II Bonower dcfaultl under IhIs Nole. 4. MANNF.R OF PAYMENT (A) TIme BQrrower shall make a payment of principal and interest 10 Lender on the fint da)' of each month July I, '999. Any principal and Interest remaining on the fint day or June, 201', wiD be due on lhat date, w the -Maturity Date-, (H) I'loce Payment shan he made al 12J71 MERIT DR, #600, PO BOX 809089, DALLAS, TEXAS place 8! Lender may designate in writing by notice to Borrower. (C) Amount Each monthly pa,ymenl,of principal and interest will be in the amount of u.s. S 4"'.93. Tht, amou or a larger monthly paymcfJt, required. by the Securllylnstrumenl, lhat lhaB be applied to principal, inter ilem.' in the ordc-r dClcribed In the Security Imfrumenf. (D) Allonge to this Note..... Poymatl AdJustm..ts If an allOl~le providing for payment adjustments is executed by Borrower together wilh this Note. I of the allonge shan be inCQrporated into and shan amend and supplement the covenenls of lhis Note 85 if fhe a pari of .his Nole. (Check .pplk:able box.) o OraduBled Payment Allonge 0 Growing Equity Allonge S. BORROWllR'S RIGUIT TO I'REPAY borrower has the right Co pay the debt evidenced by this Note, in whole or in part, without char on the fint day or any month. Lender shall accept prepaymenl on other days provided that borrower pa the amount prepaid for the remainder or Ihe month to the extent requrred by Lender emf permiUed by reg SecretaI)'. If Borrower makes 8 partial prepayment there will be no changes in the due dale or in the a monlhly payment unlw Lender agrees in writIng to IboJe clJange.s. 6. BORROWER'S FAILURE TO PAY (AJ tale Charge CiJr On:rdue PaymenL~ If Lender ha$ not 'received Ihe full monthly payment required by the Security Instrument, n Paragraph 4(C) or this Note, by lhe end of FlFTBBN calendar days after the payment b due, Lender ma charge in the amount DC 4.00 % of the overdue amount of each payment. (H) I_ull If Borrower derauhs by fllmng 10 pay in full any mon,hly payment. 'hen Lender may, excepl regulallon., of the ~ecrelary in the ca.<<: of payment defaults, require Immediate payment In fult or Ihe pri remaining due nnd all a~rued interc.,t.- Lender may choose nQt 10 c:xcrc~c IhL, option without waiving I cvcn( o( any 5uhsequent defautt. In many circumstances regula1ioN issued by tbe Secretary wi" limit Le require immediate raymenl in rutl in the case or payment defaults. This Nole does not aulhorae ac~ler permitted by HUD, re,ulallom. ~ used in this Note# -Secretary- meaN the Secrelary of Housi Development or hi. or her dc5ignee. (C) I"ayment Qr Cosls and Expenses If Lender hK! rcquit" Immediale payment in rull, as described above, Lender may require B costs and expenses including rePonable and cUltomal)' attorneys' fees (or enrorclna this Note to the exlenl by applicable law. Such (ea and c:oalllhaU bear Interest (rom the date of disbursemenl at the lame rafe oflhis- Note. MULTISTATe FHA NOTE 10/95 111I~UIUII~III~II'IIIII~mWI~IUIIII~m~IIIHUIII~IIIIII1II1II~ ~1111~111~IIOO 1111 ~II Z25Y700X0940000a871W'- . EXHIBIT B ;,~ '-'"'~~~ , :~~i "'~~):"'1~~': 1" . , ~t"..I~"'''l'1'df''''',~ :_~;l~f',f'l',~!,,"!'.""""""'7""""~n~'1J1~~)" r 1'1 -,~ ' !~ I 7. WAMlRS . Borrower, and any other pcnorAo has obligations under this Note waive I~ts of presentmc~l aod dishonor. -Presentment- means thc~t 10 r~trc Lender to demand payment 'ollllounll due. -NotIce of means the right to require Lender to aive notICe 10 other persons thai amounta due have not been paid. &. GIVING OF NOTICES Unle.s., applicable law requires I diffcrent method,' any notice lhat mUll be liven 10 Borrower under this be givcn hy delivering it or by mailing it by first class mail 10 Borrower at the: properly address abovc or ut a atldrC5.' If ~rrower has siven Lender 8 notice of Borrower's dlfferent address. Any notice that must be given to Lender under Ihls Note will be given by fint class man to Lender at tli stated in Paragraph 4(B) or at a different address if Borrower is Biven a notice DC that different address. 9. OnUG^TION~ OF PERSONS UNDER TIllS NOTE If more Ihan onc pcnon signs thi! Note, each person is rully and personlllly obligated to keep all of the made in Ih~ Nole, including the pron'lL!.c to ~ay the fuK amounl oWed. Any person who is a guarantor, :Jurely 0 oC this Nole is also obligated to do these Ihmgs. Any person who lakes over these obllptioos. including the of a guaraotor. lurely or endorser of this Note, is also obUgated to keep an of lhe promises made in Ihis Not may enforce ill rights under Ihis Nole against each person individually or against an signatories together. Any 0 ligning this Note may be required to pay.U of the amounts owed under this. Note. ,.:- . ,............ .~'. BY SIONINO BELOW, Borrower accepts and agreca to the lerms and covenanlJ contained In Ibis Note. ~1-., f /SIgn 0 U Only) , '''''''''''' .-- - ~~ "~ "'-" aMAC Mortgage Corporation P.O. Box 85071 San Diego, CA 92186-5071 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: JAMES L. KIRK JR 158 WSW ST CARLISLE, PA 17013 LOOMC Mortgage RE : MORTGAGE LOAN NUMBER: MORTGAGED PREMISES: 306642402 158 WSW ST CARLISLE, PA 17013 This company is the holder of the FIRST MORTGAGE (AND NOTE) on the above p~emises, or is the mortgage service agent for such holder. (Hereinafter referred to as we, us or ours). A~ of the date of YOU have not made listed, and/or fo this . e, THE GAGE IS IN SERIOUS DEFAULT because t January 1, 200 and subsequent monthly payments as aso s indicated below: * 1 payments @ $619.52 $619.52 2 payments @ $623.17 $1,246.34 Accrued late charges............................... $74.34 NSF Check Fees...................................... $0.00 All other fees accrued to date. .. .. . .. .. .... .. . . . . . . $0.00 * Less available suspense credits ..................$310.24 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................................... .$1,629.96 You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount, plus any additional monthly payments and late charges which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at, or sent to: 3451 Hammond Avenue, P.O. Box 780, Waterloo, IA 50704-0780. If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to payoff the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay . - EXHIBIT C ~-BRCHPAC (Page 1 of 2) ~ } . , ., ,~ March 20, 2000 Page 2 306642402 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 (ISO) 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, cashierls 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 SATrSFIED). 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) ~ . - ,-- u . . VERIFICATION Lee Manning, hereby states that s/he is Asst. Vice President of GMAC Mortgage Corporation, mortgage servicing agent for Plaintiff in this matter, that s/he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure Complaint are true and correct to the best of her /his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of l8 Pa. C. S. Sec. 4904 relating to unsworn falsification to authorities. ." , lEE MANNING. ASST. DATE: 6/28/00 '" 7(~ " ~,~ } ~ -tq ~ -.l:: !'1 h C5 ~ 8 . () Qg -() 8 '" <:::> c- o ~ 0 -oS: .~~ 'I 0.' .:::1 j I ?k Ji/ "'"''- -""", fi'i-:::! o<C.,. ~ C/) ,'"\,) ,-'- ~ (I) ~"'" :?CJ ~;' '.D ~ ...-C ~- ,~ ,-L 'ie' -0 ~; <.."", ~ ~\.-' ::f.\: -'--,'".' "'.0 ~, J ,,,' .......c. ~~ <S>-;? .2 :< 1-- :::;:1 \0 57 -< ~ ~} 6' r: ~- =1- . ~~ l: ~ -l~ 'lI ,,"'!""'~.. r ,."",' _ ~~" ,_mI!1l!lI~~:_""".~,~,~""'~W']~~"I!lfl;;$l'I~~~')"":ll'*'~"'l\I,,"~fID'!jW"!"'~H'",r<-"",7f:-4l-l"'iIij_~~l'j!l[J!'i!.MWlEfj%~~@;;~fH/li>I";lJil!MlliJ[n,~ . ~'!"""'!" SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-04659 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS KIRK JAMES L JR 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 KIRK JAMES L JR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT MORTGAGE FORECLOSURE, NOTICE , NOT FOUND , as to the within named DEFENDANT , KIRK JAMES L JR DEFT. NO LONGER RESIDES HERE, HOUSE APPEARS EMPTY AND IS FOR SALE BY REALTOR. Sheriff's Costs: Docketing Service Not Found Return Surcharge 18.00 6.20 5.00 10.00 .00 39.20 ~~ '/ . RI Thomas Kl~ne Sheriff of Cumberland County THOMAS I. PULEO 07/27/2000 Sworn and subscribed to before me this /..,r day of ~ :J..fHn) A.D. ~. C h,~t~:.~ JI'-r.; Pr t onotary I . ~~ " SEP 1 3 2DDO J;t? 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, PENNSYLVANIA CIVIL DIVISION - LAW GMAC MORTGAGE CORPORATION v. : No. 00-4659 CIVIL TERM JAMES L. KIRK, JR. ORDER AND NOW, this t 1 day 0~000, upon consideration ofplaintiffs Motion for Special Order of Service, it is hereby ORDERED and DECREED that service shall be made upon the defendant, James L. Kirk, Jr., by posting a copy of the Complaint on the most public part of the premises situate at 158 South West Street, Carlisle, Pennsylvania, and by registered mail and ordinary mail to the defendant's last known address at 158 South West Street, Carlisle, Pennsylvania. 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 defendant in the same mann~_~ as aforesaid. p ",- I ' BY _THE COURJ'. / ( 1. ~; if. 0 ~~ "'~~ - -~~ I' . ~ ~~ " '-'-- I~ A",","" - jf~ :in\1fr 'n'o- "H_;. ~'Il"~~Wltl'nm;i-" ~-~ . ,~.c."."" . '.,',u ,., ., (w Jr HLED.OfRCE ;,C-,T' Jr'lI'OT^OY , 1 ,,~' I r :,--,,'{I. '''V1 00 SEP 14 AI, II: 32 CUMBEhl}NO COUNlY PENNSYlVAt'lIA " 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, PENNSYLVANIA CIVIL DIVISION - LAW GMAC MORTGAGE CORPORATION v. : No. 00-4659 CIVIL TERM JAMES L. KIRK, JR. MOTION FOR SPECIAL ORDER OF SERVICE TO THE HONORABLE, THE mDGES 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 29, 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 defendant at 158 South West Street, Carlisle, Pennsylvania, which was the last known address of the defendant as well as the mortgaged premises. 2. The Sheriff was unable to effect personal service of the Complaint upon the defendant because the property is vacant. A copy of the Sheriff s Returo of Service is attached hereto, made a part hereof and marked Exhibit "A", 3. Thereafter, plaintiff conducted an extensive investigation to determine the whereabouts of defendant. Plaintiff s Affidavit of Good Faith Effort to Locate Defendant is attached hereto, made a part hereof and marked Exhibit "B". -1- "''':'''' , " " -~- '"'" -, -." << 4. After diligent search, plaintiff is without any information indicating the whereabouts of the defendant. 5. It is believed and therefore averred that the defendant is either concealing his whereabouts or that his whereabouts is unkoown. 6. 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. 7. Rule 41O(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 posting the premises and by ordinary mail and registered mail to the defendant's last known address. Respectfully submitted, Lu.12 TH.0MAS 1. PULEO Attorney for Plaintiff -2- i",*", ,. SHERIFF'S RETuRN - NOT FOUND CASE NO: 2000-04659 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS KIRK JAMES L JR 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 KIRK JAMES L JR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT MORTGAGE FORECLOSURE, NOTICE , NOT FOUND , as to the within named DEFENDANT , KIRK JAMES L JR DEFT. NO LONGER RESIDES HERE, HOUSE APPEARS EMPTY AND IS FOR SALE BY REALTOR. Sheriff's Costs: Docketing Service Not Found Return Surcharge 18.00 6.20 5.00 10.00 .00 39.20. soan~~:.~. . .-"-::->-- ~.../"" .- .::;:;;;;;;;;:: /" -- . 7<.... . _' . RI Thomas Kllne Sheriff of Cumberland County -- THOMAS I. PULEO 07/27/2000 Sworn and subscribed to before me this day of A.D. Prothonotary . EXHIBIT A . - - . ~ ~ -- - .-,-,--- <',", "':' "--;'~,,,, - ,~,~-"- '.,---"-,.' ". ,', ,~ ~'l -'.=, ,","---" -"~""" ",'''''"--.,....._,~''''''''''''''.'<;;;;~,~... . "~?Y""~~ rl!;~ , ,_~I,~,'"'M'II-~~~~':"j'W\<"":''';.1-:'t~~;~~~~~" 'f ~,J" ,T_,_~J;lj"_, ,_ ~ ,.>)\1' p_ll "';,-r,:~ 'r___:-l"IT1~~~\Wl! Confidential. Investigative. . Services, Inc. , "" PI.AINTIFF: GMAC Mortgage Corporation COUNTV:Cumberland VS; . TERM #: 00c4659 OI!;F1;NDANT: JlI111e~ L.Ritk, Jr. LOCATE: JAMESU. KIRJ{,'JR, AnDRESS G;IVEN~ 158 S;WestStreet, Carlisle,P Al70B ThOlna~ I, Puleo, Esquire 1710 WaltpnRoad Suite 206 BlueBell, PA 19422 " , " , - - ' , AFFIDAVIT OF GOOD FAITlI'INVESTIGATION LAST KNOWN ADDRESS 158 South West Street, Carlisle,PA 1701.3 lNQUIRYOF U,S. POST OFFICE (fOIA) 8119/00 Post Officeindicl\tes m<lil is'gooda~ address.ed.. SEARCH OF LOCAL TELEPHONE. DIRECTORIES & PHONECOMPANY OPERATOR CONTACT ... ,,' -, ,-," - , '-, " ' ' " Directory Assistance indicates thereis anon.publisped telephoni'l 1l11Inber issued to the subject at 158 S. West St. in Carlisle, FA. ' , NEIGHBOR CONTACTS . Mr. Barkley of 1558. West St. and Mr. Destefanoof16JS. WestSt.advisedtheyareno! familiar with the suJ>ject. . lCERTIl'Y IDlDERPENALTY OF PER.Jl!RY, THAT THEFOREGOINGISl'RUIlANDGORRECT, TOT$lBESTOF MY ..' KNO~EDGE. IVNDERSTAND THAT FALSE STATEMENTS HEREIN ARE. MADE SlmmCTTO THE PENALTIES RELATING . . TO \.1NSWORN FALSIFICATION TO AUTHORITIES.. .' .... r ;/14' j . AFFIANT/~..<.r/' L/ .. . . . DIANECOWAN,CLl 235 South nth Street Philadelphia, }'A 19107 (215) 546,7400 (800) 50~.7400 F~ (215) 985.b 169 SWORN, & SuBSCRIBED BEFORE ME TlIIS23rd OF August,2()Oll .' . . '. . . ... [2~iJ-k4~I}i04~~ NOTAR . LIC .... . . .. . NOTARIAL SEAL .., .1'ELlZABETH A: REMEN1ER,NotarYPubllC .. City of Philadelphia, Phlla. Qriun . i M I Commission ExplralMiIlt . . . EXHIBIT B ~;~-a'r"'~"'I""'''''''''''79''!!=_'''''~'''''''''''';"''"'''''''_''''''''~~~''' j..~";" ~~".,,,J ,- . --- ~ " ,- "'!'~-~"~";'~'!"~";~'" .~,'~ ,= ~ I" ,- ""'~"'.'---'T~"~"''''''' ~""-,--, "~, ~ " B&R . Court Filing Services for Professionals Inc. . Process Serving . . Court Reporting Postmaster Carlisle, FA 17013 City, State, ZIP Code Date: August 15,2000 Please provide apartment number or physical address information for post office box, if applicable Request for Change 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: JAMES L. KIRK, JR. Address: 158 South West Street, Carlisle, PA 17013 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 Rnles of Civil Procedure 400.1. 3. The names of all known parties to the litigation: GMAC Mortgage Corporation vs. James L. Kirk, .Jr. 4. The Court in which the case has been or will be heard: Cumberland County Court of Common Pleas 5. The docket or other identifying number if one has been issued: 00-4659 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 LmGATION 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 NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001) I CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND THAT THE ADDRESS INFORMATION IS NEEDED AND WILL BE USED SOLELY FOR SERVICE OF LEGAL PROCESS IN CONNEJ<\ON WITH ACTUAL OR PROSPECTIVE UTIGATION. "ill f' ~ 0 Qo l:JJ. OM.-- 235 South 13th Street Sign tore ct Address Michele Daly Printed Name Philadelphia, P A 19107 City, State, ZIP Code \; Mail is good as addressed. ~ ~t 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 - [JIll'I ~~..~-.;,' " 2Jt:lt1hJ;J>to ~tr1M~8::~ G)(n:;d:D ~:D Zc-Jc-J:;dc-J7; MMOHOr :;d h) r 0' M , ~ ~:;d K Z.. .... ~.... rO ~ , 0 (j):;d r H K Cj~c-J ~ f-'OZ m:tM NZ f-' Ol--'{Jli----' (j)~ UlmUl m Ul 2J (j) M I--'trJ trJ (j)f-'Ul 2J c-Jm\.D2JM2J f-' MUlM Ul UlUlc,]Ul c-JUl c-J c-J 2J Ul 2JMUlc-JUl MUlc-J c,] OUlc,] ~c-J :D Ul 0 rUlc-JO~O Hc,] ;J>:D~ Ul :Dr::<J r rHr t::r::l (lH(J)H , O~UlrUl ~::<JrMr "d :D r M' M ~t-IH'" ... HUl "d f-'Ulr"d~"d --..JrM~ ~ Otz:!... I---l I---l'" I---'-..JI--' W ro-JQ-.J 1"d~Of-'O N~ f-'Wf-' co i----'WIW 1!:::>i----'-J1NI Q-.JOl'0co[\J Di----'OOH:::>,CO I--'W,f:::::.OUl WID 0 IN N 00 --..JooUl f-' Ul 0 --..JO I --..J N f-' "" --..J \.D I I --..IN N-...]j---Il!::> NJ---l-JI..D -.J-.] I I NINI-f:::,. NUlO IUlCO"s:::,. " 00 I \.D ylm ~ ~~ . W \ I t --..J f-' --..J I N "" W I 00 W "" o .., I) :) cD it -'cS@, ~ ~ '. ff -' \ 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 DIVISION - LAW GMAC MORTGAGE CORPORATION v. : No. 00-4659 CIVIL TERM JAMES L. KIRK, JR. 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 ofrelatives, 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 leads one to the conclusion that the defendant is either concealing his whereabouts or that his whereabouts is unknown. -1- .' I! "r":, P=;-.; :'::_'" ' '" -, - ~, - < I ,~. II!!! ';i,[" _U " Rule 4l0(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 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, THOMAS 1. P EO Attorney for Plaintiff -2- --~ , ,_v'^ ',', _, M'_ i I t,. c ~, "'", [~ ",' ~~'" - ,.~~-.,..,,,,'!I'^ i}{---' ~,0 r,-!i - -:j ~i:~ > - :.1 L.:t C-}~! ~: ~s,t :~~ --<c (') C~ " ~ , J -:.:j ~S( ~,,~:m"'.m<~~~~~~~"nu[ 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, PENNSYL V ANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION MORTGAGE FORECLOSURE v. JAMES KIRK, JR No. 00-4659 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above captioned matter for service upon defendant. / TOMAS 1. PU EO Attorney for Plaintiff ~. '.,"-""'-"-' ~' '- ,"'- ." ---'-11 ,,' - ".,H'.d'_ :-nr ij_rn]lqljl'llP\l!!ll~ , 0 0 0 C CJ 'I ~ :::::J ::;,.,., -or~~ rJ nl rT: -l ~: :z: ~~ , z c:: ""') 0-\ I '< :~J f-.' C) c,- --V ):,-=::. ('J ..~~ () Z (, C)';' 5 -. , c -.:: 5! z ;-v -. ::D --< (",.) -< ~J..r1<f 'T~~lliM!".'II!c\,!mi~~"'~~~_" '''''".~-..'''~~~~~~~.....,,---- <U1ll~ SHERIFF'S RETURN - REGULAR CASE NO: 2000-04659 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS KIRK JAMES L JR DOUGLAS DONS EN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within RIENSTATED COMP- MORT FOR was served upon KIRK JAMES L JR the DEFENDANT , at 0011:30 HOURS, on the 25th day of October 2000 at 158 SOUTH WEST STREET CARLISLE, PA 17013 by handing to JAMES L. KIRK, JR a true and attested copy of RIENSTATED COMP- MORT FOR together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31. 10 So ;;~~< R. Thomas Kline 10/26/2000 THOMAS PULEO Sworn and Subscribed to before By: r2JQ~ Deputy Sheriff me this 3/.4% day of (J! e..:G:t. . .2 ITv"o A . D . C"1~, . (J.. fhdP. , ~ , rothonotary , l"1 "~ ~,r ! i i I! , ii I' , I I Ii [i [i II " I' I " ! Ii Ii ii " :! !i ,. I I i',: E'~ -~ 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 CML ACTION - LAW GMAC MORTGAGE CORPORATION v. : No. 00-4659 Civil Term JAMES L. KIRK, JR. PRAECIPE FOR TIIDGMENT 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 11/30/00 Late charges accrued through 11/30/00 Escrow deficit Attorney fees Title information certificate $71,213.00 5,318.05 273.78 859.64 3,560.65 325.00 Total $81,550.12 I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe. A copy of otice is attached. Pa.R.C.P. 237.1 ~ / THOMAS 1. PU 0, ESQUIRE Attorney for Plaintiff AND NOW JJ> r '-I ,2000, Judgment is entered in favor of plaintiff and against defendants and damages assessed as per the above certification. (J~-Lt )~~ Prothonotary ~, 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 ACTION - LAW GMAC MORTGAGE CORPORATION v. : No. 00-4659 Civil Term JAMES L. KIRK, JR. To: Mr. James L. Kirk, Jr. 158 South West Street Carlisle, PA 17013 Date of Notice: November 16,2000 NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT nJDGMENT.lJNDER Pa.R C P 2371 TMPORTANTNOTTCE 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 nJDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY AND OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: COURT ADMINISTRATOR 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 p,'''"" "~I ;C2h {/A...;r;;;_v .. --, THOMAS 1. PULEO Attorney for Plaintiff C,' ''''! - ,~- <" - .,~ ~~Ji!!'!ll""~ ~_. ~ -- .. -- " ' ,_d . _,~_, 0', ,~,,~ "'-" ""~ " ~ "r>\ (J ~ ~ 7f 1- 8 ~ ~ ~ if! ~~ ~ :( ~ -" "'"I i Cl ~ Cl C --I B rr1 ~; ::D n " {- I -om """g .- ~., 0 5C ::c....j ig o:I! - tS~ - .. ~ ~ {:" C;n ~ ~~~~."'" .~".....I~~[~iiI~!f'Z-lffi~~ffli~~tK~ii'Jl%'I.~~~.llh~~~ ""....' IT THOMAS 1. PULEO, ESQUIRE Identification No. 27615 171 0 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. 00-4659 Civil Term JAMES L. KIRK, JR. AFFIDA VIT OF NON-MILTT ARY SERVICE COMMONWEALTH OF PENNSYLVANIA 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 James L. Kirk, Jr. is over 21 years of age, resides at 158 South West Street, Carlisle, Pennsylvania, and is employed by/as unknown. SWORN TO AND SUBSCRIBED BEFORE ME THIS~7~ Y t~~wooo. NOTt\l{Y~':~UbjiC I W\--iIi,!':\fl'l1 tVIf,)" Mp!'ltgomery County 1 c,~" ".r';'.:~l~:,_,~<, :-m~ Ma 21,2001 1".- ',< '4' ~ ~ - ~ "'1 ~ " . -.. ~... 0 ~ 0 to ~...{ I M ;1:" n ;~ 1 .j:"". l5Q > ::::-1-- j~ ::lC ~~ - -m r:- ~ "" -< ijlf[ ~~"._~_~,,...,_ ",:,_"~_<_,,,,mj'l!ll'l~~!ii!WI_nl, Jln'J~l~~, ~ "~JTi~~lI . -c.P. -4S-P {[nmmnnftttaH4 of 'entts~hrania COUNTY OF CUMBERLAND COURT OF COMMON PLEAS GJl.1AC I>ORI'GAGE CORPORATION Term, 19 NO. 00-4659 Civil Tenn yO. JAMES L. KIRK, JR. PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: 1 ssue Writ of Execution in the above matter: Amount due $ 81,550.12 Interest from 11/30/00 at 13.41J;?f>x iliem$ (Co sts to he added) $ 163.80 ~ A mey(s) lor Plaintil/(s) Thomas I. Puleo MortgClge Foredo_vr. Ground Rent (Rem) s.46 (Rw. 1/80) -.' , '''"~ . " ___d ii1 ". , w " ~ ., . ~ ...... ..Q~ 6v ~ .t:: ~ CN (J ...(g "f<:\ .\.J ..... -.0 fIi :-- . iI) . r-, ;p ~ ~ c.... ...... ~ 0 . .~ 8 ~ & 0 8 0 0 ~ 0 0 () 0 ~~-i I I M ~~ ~ I j . C") ...... I ~~ I C\ f- ~ .c:- 06 ~ ~ :I> ::i:1'-n ... I --:rl {' " " ... , ... :x ~<j " " , , - ~ ~ ~ - or - :;;:! " .i:"' ~ " " ... " ... <;n. -< " "" " j ~-- ":wI!I'I -!l!\l:lrn}![!IJjjI,,"IP1~~,~~~ ~~ ~~' . -W:iW.;.i'*,,1!-!I!~ _, 1fII~~5lW~~ "_;w>'f~~~~~ . ~~__W"'{!1i~!l~'-JAB,, II - , THOMAS I. PULEO Identification No. 27hl~ 1710 Walton Road, Suite 206 Blue Bell, PA 19422 (610) 941-6050 GD'lAC MJRIGAGE CORPORATION Attorney for Plaintiff CUMBERLAND COUN.'l'Y COURT OF COMMON PLEAS v. JAMES L. KIRK, JR. 00-4659 Civil Term No. 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 158 South West Street 'Carlisle' Pennsylvania: 1. Name and address of owner(s) and reputed owner(s): James L. Kirk, Jr. 158 South .vest Street Carlisle, PA 17013 2. Names and address of defendant(s) in the judgment: Jwes. L.. Kirk, Jr. 158 South .vest Street Carlisle, PA17013 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: None other than executing llDrtgagee. 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: Domestic Relations Office CUmberland County 13 N. Hanover Street Carlisle, FA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be. affected by the sale: None. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 54904 relating to unsworn falsification to authorities. Date: November 27, 2000 T'OMlbfoiZ Attorney for Plaintiff - ~ . '~-~'. '> , -' e. ~~ . " ~~ """",IJl!Ulli1 ~-> > "",~ - <,- ~ ~ -. _.~ g 0 ~ 0 Ii 0 ~.4 fTI ~~ ~~ n I :g~ .;:- 0 ~CJ ..... . J:>> ~-:ij.. ~8 ::x ('5 :l>~ - om .. ~ ~ I?J1 -< f7T," ,+"Jl~"",~_\~!1%_W#1.i:'-~W'T4';pW_""""~l'JI!;1<'i['fI~~~:i~~(~~F_~~~1i,*~"-,,"~'i"_~~i@~_" '-'''""'1'.11: \1 \i ."J~ ... ~ , THOMAS I. PULEO Identification No. 27615 1710 Walton Road, Suite 206 Blue Bell, PA 19422 (610) 941-6050 Attorney for Plaintiff GMAc MJRl'GAGE CORPORATION : CUMBERLAND COUNTY _.. COURT OF COMMON.PLEAS v. JAMES L. KIRK, JR. No. 00-4659 Civil Tenn : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO James L. Kirk, Jr. 158 South West Street Carlisle, PA 17013 Your real estate at 158 South West Street," Carlisle -Pennsylvania, is cheduled to be sold at Sherif~'s Sale on Wednesday, J-larch 7,2001 ., at 10:00 a.m., Cumberland. CoUnty Courthouse, 2nd Floor, Corm1issioner's Hearing Room, Carlisle, Pennsylvania, to enforce the court judgment of $ 81,550.12 obtained by G1AC MJrtgage 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. GrvlAC l!brtgage Corporation the amount of the back payments, late charges and reasonable attorney's fees due. To find out how much you must pay, you may call: (~(610) 941-6050. 2. You may be the Court to strike improperly entered. for good cause. able to stop the sale by filing a petition asking or open the judgment, if the judgment was You may also ask the Court to postpone the sale 3. You may also be able to stop the sale through other legal ptoceedings. -{ _0-_ '-"-,." ~> ..., ':~ - "0 ~~ ',R.," _,_:_ --' :::',;;,,"_. ~,- .~- -~,. . ' -r"" " ~,,"" . You may need an attorney to assert your rights. The sooner you contact one, the more chances you will have of stopping the sale. See notice on page two on how to obtain an attorney. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND HAVE OTHER RIGHTS EVEN IF ~HE 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 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 defenses, 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- ~~ 00 --~ . '_'ill ~ ~-'I"""'-'~ fiJ !lII!IIlIl~_" ~" "~~, ,~ , ,~ ," .g 0 0 0 ..,., r 0 .-, f"1 ~.,... .'.93 ~.~ (""J :r ~ ':. .....~ I :g , .- '?6 ;,:::: J> .:;:1.'1\- i@ :x n:tJ -'.0 - ~'>", '. - Om :z .. 'j;! c". :< CJl :3i! ~..,,".. . "">-00_ ......n~Jl!~~I~ljl.!i)i'R'..%"'~;;,~!ID!I!).~/!lll',ft-.f)'\!'~m0'''JWWml~~liJl-~m~~~~~~IIil~;;O'I!'r''''''r ''7' DESCRIPTION ALL THAT CERTAIN tract of ground situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: On the North by property now or formerly of Laura E. Walters; on the East by South West Street; on the South by property now or formerly of Amanda Ritter; and on the West by an alley. Having a distance of 22.5 feet in front on said South West Street and extending in depth at an even width a distance of 95.0 feet to the alley aforesaid, and being improved with a two and one-half story brick dwelling house known as 158 South West Street, Carlisle, Peunsylvania. p~ " , I ~ = "i :1 ~i ~,! ~ i :~j ::1 :i! , ;i if 'I '! ~'i J >1 !i il I I ;;1 "I J /1 "I 'I , "j ":! , ",' ., ':'1 :1 -J -Jii '<] 'i :~ "~I 'il ','1 , ,i! .:;,' '~,' IT Thomas 1. Puleo, Esquire Identification No. 27615 171 0 Walton Road, Suite 206 Blue Bell, PA 19422 (610) 941-6050 Attorney for Plaintiff GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY v. No. 00-4659 Civil Term JAMES L. KIRK, JR. AFFIDA VlT OF SERVICE THOMAS 1. 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 Notice of Sale pursuant to Pa.R.C.P. 3129.2 upon the persons listed below on the / /Jl-day of ~kooo. James L. Kirk, Jr. 158 S. West Street Carlisle, PA 17013 SWORN TO AND SUl}~~WBED ~"EFORE ME~S {{""-DAY , ' 200~ t;(j ~ ~ NOTARY PUBLIC~ LISA M. M~p,..r:rA/AL SEAL Whitpain Tw J>NIO, Notary PUblic _~YS:Dmmjssio~.i=Yn~gomery County . . .......--_-:::.-r!!."s March 22 ?004 --..<"--=,~1,,::.=~, _ ,",V"",,,,___ ;-N'~ ' '",~_ , _ r ," ." ';'c-~' , -"1' I!\I!!!IIl !i Ii " ii 1\ ,. fl i: I Ii I; , ! ! I I i'! I' ~, : I: !. ,'I !I !I i,; !,i " I I, ;' ::! , " ;l ;1 , ,J I :i i-:l I i,1 :'1 11 'I >, I !'1 :i '.1 'I I, :,1 I ~ i' Ii i',< -- ~ -~, . ~ .f ~;;- -"t: ._ & A> eJ ,~ ~ ~.Jl , ~M ! .;../ '" ~. - ," , ,\:.J. . , , ~_., : ' t:J<.., if\.Jc ! q,..,. I t--..' .~~' () ~ ;n' -" &' C1> '" / ,. ;'.,,\ ,. --".~ .' -::::: "" ""' t:;c!0\,....:. ~tv~ fS 00 bJ CI:l S CD g p:l --'" ~~- '< '- '1:;'1:;'" >-I?1S _ ~C1> ~<.o IV~ tT1 IV. '" ,.a CI:lC C _. ~. @ C1> - o o --.l CI ...n ...n W ..c CI CI CI CI "-' "-' ..c "-' C- "" "" "" C- --.l -;.> ~ '.' ,-,",,,..C:::...:' ~ "" ~, ~ "1" . ,-~,. ^-~ . > ,-, ,~., ,~' . 0 C? ~- ~ L- ~':::1 i! "" i-':,::;:D Z :~~ 0:> 3J : 00' ;,:::.0 :;:.I-r ., -U a::!:l ~8 ::II: z~ :i>c: ra 0 :;;.! .~ N ~ GO , - ~ ~'"~ ~ ~_~l'llmrf~,~!fflJl~~PI\t~'~~~~iW~rm_" ~,. " Thomas 1. Puleo, Esquire Identification No. 27615 171 0 Walton Road, Suite 206 Blue Bell, PA 19422 (610) 941-6050 GMAC MORTGAGE CORPORATION Attorney for Plaintiff CUMBERLAND COUNTY v. . No. 00-4659 Civil Term JAMES L. KIRK, JR. AFFIDAVIT OF SERVICE THOMAS 1. PULEO, ESQUIRE, attorney for Plaintiff, being duly sworn according to ~ il :; ,I law, says that he mailed by certified mail, return receipt requested, a true and correct copy of 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 70993400001141688867 which receipt was subsequently returned to the undersigned noting moved, left no address/unclaimed on , 2000 which receipt is attached hereto as Exhibit "A". James L. Kirk, Jr. 158 S. West Street Carlisle, PA 17013 :'J I :i SWORNTOANDSUBS~BED ~EFORE ME THIS / / Y"---D-A Y . 'l~~,2000. ~.ln~~ NOTARY PUBLIC LISA M. M~a1~~AL SEAL M W,h, irpain Twp M /lID, Notary Pub,. _...t9<L/))/JJjuJon.p~~D,!1,!~,!,er" G Ie ._...__~ oun . - .-.....,. ..4 'r -, H'" ~-- , . - ~ " ~4~, , . ~" "^,,'" ' "",Lr 8 C,) (:) ". :"0$ L.. ">'1 !p'rn ,:e.. _:1:1 5J ;;:e (f'f?1 0:> ~~,'4~ :s;'o c:5- 'y' 18 -0 ".....0 -,....'-r- ~ i3:H ~ ~ iS~ N ;g \0 ;:0 -;: ,~~- 'Fl!Jn'<i!l'T1m-~_'1l<~!U:il'li1~~~~, _" 'l!Iji!il~~li!il!,~ to"",," , :i .J Thomas 1. Puleo, Esquire ldentification No. 27615 1710 Walton Road, Suite 206 Blue Bell, PA 19422 (610) 941-6050 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC M:>RTG1\GE CXlRPORATION v. l'iO. 00-4659 Civil Tem JAMES v. lURK, JR. AFFIDAVIT OF SERVICE I, Thomas 1. Puleo, Esquire, attorney for plaintiff, being duly sworn according to law, deposes and says that he mailed by ordinarr~ a Noti of Sale pursuant to Pa. R.C.P. 3129.2 upon the persons listed below on the <;;f /5 day of OOras evidenced by the u.s. Postal Service Certificate ofMailfug (Form 3817, which is ached hereto as Exhibit "A": Domestic Relations Office Cumberland County 13 N. Hanover Street Carlisle, PA 17013 r ~- - NOl-ARIAl ~Hi---"-W LISA M. MALANTONIO, Nota P'lblic WI:iIP.ain. .T.. W. .P.,...M. ontQom.e.ry. ~r::.'.'"ty My C""'rn!~siop_Fl[l!msM~"P~2i3Q~~ " ~, - ~~" , ..- ,-_ -~~"'. ~ ,. -~ "iiI_......_~ ... "tJ rn ." o 3 '" CD -oJ .:" -n .. 0- 2 " -< <0 f- "l] 3 ;;: " l': 0- .. o o 3 "C .. .. 0. 0- '< :J "C .. ~. .. .' :; ~ g.~.g~iir-g;! ., ~a.g""'~lilO to 'i ()g~~ g~~ ~ tlJ 'Una-a. 'tI :g3~i~~~ o q~S!.5.!!!.il~ a g ~5'iii."O c;~. "'0 ~g~~.i'f8g (D 0" iiliillO:;:3o :s i-~g~@~~ 0... il~nE ~~~lOdg.~. Q,!;!.lO _._:;:3 <II o~O<llQ!?.m c _o~Il)::I.o "~383'OC :r 1'\:0 ~;:I::; n .(,/>. :;::IlO rxi~;1!it~~ lI>~ ~lO lft:r::l i~~3~@}!!!. n~s:~9S'Q, lO -Ill ~r$2a. 0 yrg~ci5g~ 3~3-g3~ ::.':D 3.... (\l C'l lll~o.Q:;:31ll g~~H~5. <II Ul2. 'S ;::l 5 !?.~<~ g(O' n "-'-0 0:'1'" 3 ~n.~ IT' ~~, CD:l1ll -i-O 0 C .g ~~ffiffi ~ ~ ltlleiii'3 <II c; f g ::fG~J~ 5-S<! s-n 3;;: ttI ~ o38~gg ft. r~~_5'~3 5'B'S<! g.g E l :1:1'" 3-' ""t:) E..~.2 2.@ :i ~~~-<glO 8 ?'~~~~~ R Ul~ c.", 2 ~ . ~.E: g ~g,~ ai'o.=o g 3 i ;:g 1ft ~'5'5' 1 ~5'~~~g ~ @;~;~~5 l{t .g~g~g~. g ~ ~~" ~ ,...-< ~~ o.z o-c ~3 "'0- .... ,- lSQ. ~" o. o .. M ,,~ 2~ ;;:tz ~c 0.3 2!.g ,,- co. M - Q~ lfQ ~M "tJ o ~ 3" III ~ ~~ "tJ ~ ~ " '5 '" Q. :0 '" 2 <t. s. '" ~ l ~ ~ (J1 ....,- ~ .... . ~ '" . ~ I\) ~ ~ I-or AccoumaOle Mall I ~ o . co . . CD -..j 0> CJ1 /,"'" ,- " ., ". / \ 1-,.", ". )0 \ \. ' ~ -' .' C1 \ '" ' - \ y ~.... tyi!J) ,</~j,,'- ..,!_- . . ~-" ~_.~ .... '" I\) ~.!I "'1llM T-; ,... 3 .. 2.>; rnQ.3 ..0... ::s4lfll o.~, ~cno. I---Iz:;. ~ c" ..... ~Q g~ ~~~ BtTC/l fIl '<: tT z ,='" J-l L\) CD (l 3 - f-' .. ~~~i ~~~~ E ~ g f ~ g . Hl it m f-l. ~ r:r @ !<l CD- 0 ~i ! ~ M M f-' a ). e,. " - '., '" '_ 9 III "'.. ~~.... ~~ "'-;i'". .. 5. ~ ~ , -- ;,;. ~If .. . ',,',y;: ; l.~ .. . . ':;; ;~, 1'." ... -- I" " i :":;:J :J:' "",,<) , ~j. " 1 .:~'-:- ~, 'f ': :_Yll/" ;.:,.,\i'~ o c ".. ()C/> 0" 05. m -,....2 "" .. ." - f-'.- ,,0> .. ." . ~ CJ....-4 ~-..J:J: i::;....O Os: CJ~:l> m~en l=Ci:- 0" ~2C r- ....::Om <DeO -1:>-- ~Cm ~- en enp Cc iTI~ "" o (J) .q . ~ ~. 7;' rTTr15" C')():lJJ~ ~gs~.~ ~ ~rs~ " -" .... "0 CD 03 m--J:l~' "'0 ~5Q~- g 13 :n~!:; i g: ~R ~ CD ~a~~ =tt~.g. o~ - ?,I'D " o o <" ,. _0 c- o" a. DOil'g ~ ~~.~ :7:7....'" o '"'0 ~ I:lJ S. 0 (l) "0 " (If 0.."0 g~s:a ;' 5" ~.~. '5 ~ ~!?:. (II; (1) s.:l 0- ~ g g 2 ,... [ ,,<:1> ... ..'" (I'll ~ " , .. 10 I ~ ~2e C/) g,~.s:r 3' g.5'!1. :u ~?i~ ~ no'O Q) O-:::r :;) ~.~ ~ Q.. (II=.;I'D Cl 0 5'~ ~ g~~' ... -.... 'C o en_I'D .... Q:Q 0. ~ ;= ~ " .. ~ ~ . ,,,,", ." "' '" o c s: ~~ ":---- CiJ ~~t '!.;;'C. 5?~ ::~ --< " C) ...., rr1 c,':., C' :=I en ,~-" ~ n~ JliJliImlI~i!'!~~~~@~~B!IIr.~r;~-~",", ._._PI!II~ ~_~.~B!i'"'F1H:;~~l!l~ I ."". STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } ss. Robert P Ziegler . I, ______________________________________________________________________________llecorderof Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which h__________h__ ___~Q-li,g__C_Q~P__________________________________________________________________ ~ thegr.ontee the same having been sold to said grantee on the nn___':~~__h______________nn___h_n____n_ day of April .111< nn_____n___nn__nn_n_____nn____ A. D., , __n_' under and by virtue of a wriL_nn___hn_ Execution " 27th ________________________________________________~uedonthe_____________________________________ day of ____n______!'s>~_n_______ A. D., Civil ______________________________._. __ ______ _____ __ __ __ _______ ___________ ________ _____ Term, , 2QQ.9__, out of the Court of Cornman Pleas of said County as of 2000 4659 . GMAC Mtg Corp Number ____n___n_n' at the swt of hn_nn__n___n____n___n____n_________n_____________nh ___________ -________________ ___ __ __ against___ ____.J.C!ID~_S_J;:l_l<_:L:r.k-_ .J);:_________ ________ __ _______ is 242 677 duly recorded in Sheriff's Deed Book No. n_n_n____' Page nn____n__" IN TESTIMONY WHEllEOF, I have hereunto ~ set my hand and seal of said office th~ _Ld__n__ day ..... ofllHdL Cumbe.llMld CautItr. Carlisle, PA Mr QlmIl''a1lr Eaplres lbe Filii MlIndIJ of JaII._ - " . .'.''',-' - -. ~~ , '. GMAC Mortgage Corporation -vs- James L.Kirk, Jr. In the Court of Common Pleas of Cumberland County, Pennsylvania No.2000-4659 Civil R. Thomas Kline, Sheriff, who being duly sworn according to law, says he made diligent search and inquiry for the within named defendant to wit: James L. Kirk, Jr, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Perry County to serve the within Real Estate Writ Notice Poster and Description according to law. Perry County Return: and now January 31, 2001 served the within name James Kirk the defendant named herein, personally at his place of residence in New Bloomfield Borough, Perry County, PA on January 31, 2001 at 10:00 o'clock AM by handing to James Kirk an adult member of the family 1 true and attested copy of the within Notice of Sale and made known to him the contents thereof. So answers: Deputy Carl Nace, Perry County, PA. Michael E. Barrick, Deputy Sheriff, who being duly sworn according to law, says he posted a copy of Real Estate Writ Notice Poster and Description on January 8, 2001 at 9:27 o'clock A.M. EST on the property of James L. Kirk, Jr located at 158 South West Street, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he serve 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 James L. Kirk, Jr by regular mail to his last known address 71 Rambo Hill Road, Shermansdale, PA. This letter was mailed under the date of February 2, 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 April 4, 2001 at 10:00 o'clock A.M., E.D.S.T. and sold the same for the sum of $1.00 to Michele Pida for GMAC Mortgage Corporation. It being the highest bid and the best price received for the same GMAC Mortgage Corporation of 401 Mile of Cars Way National City, CA, being the buyer in this execution paid Sheriff R. Thomas Kline, the sum of $548.87 it being costs. , ,. [, Sheriff s Costs Docketing 30.00 Poundage 10.76 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 County 1.00 Mileage 3.10 Certified Mail 1.49 Levy 15.00 Surcharge 20.00 Postpone sale 20.00 1 '," _~ " _ _ ,__" ~ _ ,~ .."" ~ ,- .' Out of County Perry County Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff s Deed .' -' 9.00 28.00 167.75 132.24 25.53 25.00 26.50 $585.87 paid by attorney 4-11-01 Sworn and subscribed to before me This I?~dayof ~ 2001 A.D. ~ Q. ~,~ Prothon tary "'-', =, "--1 soans.E ~. . ~ ~...~ ~ R. Thomas Kline, Sheriff By De~~rJ ~ " 1-.)-0 3 c.k.. 3,;).0'7'( ~ ///'1/.2.- "" ~ ."~~, """""'" -1\ I . '. THOMAS I. PULEO Identification No. 2761S 1710 Walton Road, Suite 206 Blue Bell, PA 19422 (610) 941-6050 G'AC MJRIGAGE CORPORATION Attorney for Plaintiff CUMBERLAND COUWL'.Y : COURT OF COMMON PLEAS v. JAJ:.1ES L. KIRK, JR. 00-4659 Civil Term No. : 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 158 South \Vest Street ' Carlisle ' Pennsylvania: 1. Name and address of owner(s) and reputed owner(s): Jarn<lS L. Kirk, Jr. 158 South ,vest Street Carlisle, PA 17013 2. Names and address of defendant(s) in the judgment: JamEOS L.. Kirk, Jr. 158 South West street Carlisle, PA17013 3. Name jnd address of every judgment creditor whose judgment is a record lien on the real property to be sold: None. -1- ,:' ,~, , , -~ - _'0 :,-. l\ i! I' . 4. Name and address of the last recorded holder of every mortgage of record: None other than executing I1Drtgagee. 5. Name and address of every other person who has any record lien on the property: None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Dorrestic Relations Office Cumberland Cbunty 13 t-l. 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: 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. 54904 relating to unsworn falsification to authorities. Date: November 27, 2000 THO,b-fuiZ Attorney for Plaintiff . -~ . '-, q" - I' " """""', I' " THOMAS t. PULEO Identification No. 27615 1710 Walton Road, Suite 206 Blue Bell, PA 19422 (610) 941-6050 Attorney for Plaintiff : CUMBERLAND COUNTY COURT OF COMMON.PLEAS GlAC M:)Rl'GAGE CORPORATION : v. JAMES L. KIRK, JR. No. 00-4659 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO James L. Kirk, Jr. 158 South West Street Carlisle, PA 17013 .. Your real estate at 158 South V€st Street,-Carlisle -Pennsylvania, is cheduledto be sold at Sheriff's Sale on Wednesday, )\larch7,2001 ., at 10:00 a.m., Curnberland.CotintyCourthouse, 2nd Floor, Corrmissioner's Hearing Room, CarJ,isle, Pennsylvania, to enforce the court judgment of $ 81,550.12 . obtained by GMAC MJrtgage. 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 MJrtgageCorporation the amount of the back payments, late charges and reasonablj attorney's fees due. To find outholv much you must pay, .you may call: (~(610) 941-6050. 2. You may be the Court to strike improperly entered. for good cause. able to stop the sale or open the judgment, You may also ask the by filing a petition asking if the judgment was Court to postpone the sale 3. You may also be able to stop the sale through other legal proceedings. cr " I I . . 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) 24D"6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. the full may call The sale will go through only if the buyer pays the Sheriff amount due in the sale. To find out if this has happened you MU6-3535. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. amount 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 unless exceptions (reasons why the proposed distribution is ylrong) 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 your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO Fi~ID OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 -2- '--~-'Tf , ~ "~ . . ., WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 00-4659 CIVIL w<: TERM CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due GMAC Mortqaqe Corporation PLAINTIFF(S) from James L. Kirk, Jr. 158 South West Street, Carlisle, PA 17013 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Leaal Description '.,'..., ." ~'," :;" ,. -, ' (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of :"'::' GARNISHEE(S) as follows: anc:fjo notWy the garnishee(s) that: (a) an attachment has been issued: (b) the garnishee(s) is/are enjoined from paying any de6t.'to or for the account of the defendant(s) and from delivering any property of !he defendant(s) or otherwise disposing thereof;' . (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due $81,550.12 $.50 Atty's Comm Atty Paid Plaintiff Paid % L.L. Due Prothy Other Costs $1 nn Interest 11/,%n >'It- 1, 41 p"r ni"m $142.30 Date: December 4, 2000 Curtis R. Lenq Prothonotary, Civil Division '-bY: ~()/lo 0 / P 7J(m./lA''YIr-- Deputy REQUESTING PARTY: Name Thomas 1. Puleo, Esq. Address: 1710 Walton Road, Suite 206 Blue Bill. PA 19422 Attorney for: Plaintiff Telephone: 610-941-6050 Supreme Court ID No. 27615 ",-" ,. j~!!!l'i\II!IlllI'\IJ!!f1h'-""'r~' - '"T'''''~ ~ ,_ r~ ~,., . ~"'" L ,., . I . .~' .- REAL ESTATE SALE N(J~J) \.In ~ '7- J.(J"1/'V the sheriff levied upon the defenoams Interest in the real property situated in (l.. a-4 a . ~....~ Cumberland County, Pa" knov,'" lnd numbered as: ISf ~/J..tc:I~ (1" d."" a. ana more 1" :Ot~(\ on Exhibit "A" filed wn,i this writ ana by this referenct: '1t8: .iJOJ" L ~ t#1D 'corporaled nereill. ll~~ # ~U~ VI",- ~ 1 3!S/~I;~r3. 00, NV Sf II ,~III1OiI)". 9 33fJ 'lIllfIJ;iHs'./YV-if-' ]JHJ. JiJ}l'!f)~ " :>fIiI() (iii) c;;;'I ~ Gi) Iili1V :'" ~ 1,,, ~,~.~ H~J ~ . -, -><,- _;Ill~~\T;:---'1~"'''71';!ltt'I1~~8'II~,~~~~~!i1~11~ _ ,_ !ll1~1 erm gage _ _ _;~~~jfln ___ ~;;f'~ ~ -- ~,ii ,.o~est..Klrk,JI. .::=-~':c,JiJl.Y.<Ibc:mas f. Puleo ---.,..1;, -,,-'.~CRIPT10N --;1\'f['fff,-\Y _CmlAl:\' Irad of ~ound 5iluale-d in =~{fi\;-ThlId _ Wilrd nL ~'\~ Borough of Cartisle, ~-41ld- c.oun(\" Pcnn~l'lrJtlia, morl!' _,.;ctij,JJ~_dej ,Ind dl:scribed cl5 follc....'S: - _' 'orth b~' f( \l~(!rty now or fannedy of N...._t.-'-\J'Jlb.:r~;.-On lhf.! Ea~t by South Wc!.t ~ _ lte.tir9l}jh.~Sooth by propl!rl)' now or formerly ~nW_RilJ.c.r,,_md onlht' We~1 br an aIle,. - '"" . , .d_ll.S. f~l!l in front on saId "t,..wd._C1lending in depth at an , 'of 95.0 fed to lhl' alh'v ,_~.in~jmpro\'l!d ~\ilh J. two iln\:! Juid..3.\wcUing hau. ~ known il$ 158 _,~l5~~Ca@l~fun!!3l'Lw,@,! _____ , , . . , 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 As&t. 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 State aforesaid; that The Patriot-News and The Sunday Patriot-News were e&tabli&hed March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever &ince; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and!or Sunday! Metro editions which appeared on the 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 Th" Patriot-News Co, aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the &tockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Mjpcellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY S ALE #13 Sworn to and subs . Notarial Seel Teny L. Russell, Notary PU HeTTlsWIll, Dauphin 2ilo2 MycomrnlSSlOnElCPllOSJUne6. . OTARYPUBUC , tion ot NotaJ\es MemlJer, pennsylVania ASSQC18 My commission 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 $ 130.74 1.50 132.24 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.................................................................... -'~,.qL . . , ^j :'1 ^j .1 1 j 1 ^I j I I I i ;1 I I "I ':) >-',-~ RJ!lAL 1IlS'1',A'llE salE NO. 13 Writ No. 2000-4659 Civil GMAC Mortgage Corporation vs. James L. Kirk. Jr. Atty.: Thomas I. Puleo DESCRIPTION ALL THAT CERTAIN tract of ground situate In the Third Ward of . the Borough of Carlisle. Cumberland County. Pennsylvania, more particu- larly bounded and described as fol- lows: On the North by property now or formerly of Laura E. Walters: on the East by South West Street; on the South by property now or for- merly of Amanda Ritter: and on the West by an alley. Having a distance of 22.5 feet in front on said South West Street and extending In depth at an even width a distance of 95.0 feet to the alley aforesaid. ?TId be~ ing improved with a two ~d one- half story brick dwelling! house known as 158 South West Street. Carlisle. Pennsylvania. ,'--, - u~ __~_~__,~ i i' " ;;j ii :;1 '. :,:1 :'J ':1 ,', i'i ":i >\1 I :il , I "1'1' " ~~. . ~ .. . " 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 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 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 subj ect matter ofthe aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ( ) -- Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 2 day of FEBRUARY. 2001 \'lOT .o.Rt.o.LSE.o.L LOIS E. SNYOf.~,~ry public Corlisl. Boro, c,,",~hd ,County, Pc.o.. My CommlSlion Ei<!'i'" MGt;Ch 5;-2001 .