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HomeMy WebLinkAbout02-5938FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 V. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. N - 5-i 5 8 Olt, Q? JACKIEA.KECK CUMBERLAND COUNTY A/K/A JACK A. KECK TAMI G. KECK 602 EAST KELLER STREET MECHANICSBURG, PA 17055 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #:30607652 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 2. The name(s) and last known address(es) of the Defendant(s) are: JACKIE A. KECK A/K/A JACK A. KECK TAMI G. KECK 602 EAST KELLER STREET MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 5/4/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ACCUBANC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1450, Page 771. By Assignment of Mortgage recorded 1/22/99 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 601, Page 78. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 6/1/01 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest $111,511.52 511101 through 11/1/02 12,600.50 (Per Diem $22.91) Attorney's Fees Cumulative Late Charges 850.00 5/4/98 to 11/1/02 546.72 Cost of Suit and Title Search . Subtotal 550.00 $126,058.74 Escrow Credit Deficit 0.00 Subtotal 2.357.03 $2,357.03 TOTAL $128,415.77 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c. 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $128,415.77, together with interest from 11/1/02 at the rate of $22.91 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FED AN AND FP By: rancFRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL THAT CERAIN piece or parcel of land situate in the Borough of Mechanicsburg, Cumberland Co., Pennsylvania, more particularly bounded anc described as follows, to wit; BEGINNING at a point an the Southern line of Keller Street (50 feet wide) said point be ng the dividing line between Lots Nos. 31 and 32, Section 'H", on the hereinafter mentioned Plan of Lots; thence Eastwardly along the Southern line of Keller Street, a distance of 78.22 feet to Lot No. 33. Section H; th 3nce South 5 degrees 17 minutes East, a distance of 135.99 feet to a Lot No. 13 on said Plan; thence along said Lot No. 13, South 88 degrees 3 mi iutes West a distance of 33.87 feet to a point; thence along Lot No. 12, South 74 degrees 25 minutes 30 seconds West a distance of 17.04 feet to :ot No. 31, Section H; thence North 18 degrees 55 minutes West, a distaoce of 131.83 feet to the Southern line of Keller Street, the place of BEG'NNING. PREMISES ON 602 KELLER STREET VERIFICATION KRISTINE WILSON hereby states that she is FORECLOSURE SPECIALIST of GMAC MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: e.2 J-j GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 Plaintiff V. JACKIE A. KECK A/K/A JACK A. KECK TAMI G. KECK 602 EAST KELLER STREET MECHANICSBURG, PA 17055 Defendants JANUARY 10, 2003 TERM NO. 0:2-5938 CIVIL CUMBERLAND COUNTY ENTERING WRITTEN APPEARANCE WITH OUR DEFENSES AND OBJECTIONS TO THIS CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOUSURE NOTICE This document is being written to inform the necessary parties that we, The Keck's, dispute the notice of Mortgage Foreclosure. We make this claim for the reason that we are still in discrepancy with Pennsylvania Housing Finance Agency about our HEMAP loan which is in appeal as of December 23, 2002. We have been working with the Pennsylvania Housing Finance Agency since October 15, 2001. We do not want to lose our home so we will continue to try and resolve our differences with Pennsylvania Housing Finance Agency. Jack A. Keck Tami G. Keck ?? a . ; 7. ,...? .._(_ ?1? ?7 { - ce i , ? ? '^?' SHERIFF'S RETURN - REGULAR CASE NO: 2002-05938 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS KECK JACKIE A ET AL DAWN KELL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MnPT Fnpw the KECK JACKIE A AKA JACK A KECK was served upon DEFENDANT , at 1955:00 HOURS, on the 17th day of December , 2002 at 602 EAST KFT,T,F.R CTI7RFT MECHANICSBURG, PA 17055 by handing to JACK A KECK a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this day of C J A. D. Prothonotary So Answers: R. Thomas Kline 12/19/2002 FEDERMAN & PHELAN By. tC_.o Q? Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2002-05938 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS KECK JACKIE A ET AL DAWN KELL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MnRT FnP7 KECK TAMI G was served upon DEFENDANT the at 1955:00 HOURS, on the 17th day of December , 2002 at 602 EAST KELLER STREET MECHANICSBURG, PA 17055 JACK A KECK by handing to a true and attested copy of COMPLAINT - MORT FnRF together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this _3 day of o?co3 A. D. 'Prothonotary' So Answers: R. Thomas Kline 12/19/2002 FEDERMAN & PHELAN By: b? L?YY1 j Lj, x- Deputy Sheriff PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. GMAC Mortgage Corporation 500 Enterprise Road, Suite 150 Horsham, PA 19044 VS. Jackie A. Keck a/k/a Jack A. Keck Tami G. Keck 602 East Keller Street Mechanicsburg, PA 17055 (Plaintiff) (Defendant) No. 5938 Civil Division 2002 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Motion for Summary Judgment 2. Identify counsel who will argue case: (a) for plaintiff: Robert Lieberman, Esquire Address: 500 North 3rd Street, 12t' Floor P.O. Box 1004 Harrisburg, PA 17108-1004 (b) for defendant: Jackie A. Keck, Pro Se Address: Tami G. Keck, Pro Se 602 East Keller Street Mechanicsburg, PA 17055 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: 51 °? JAney for Plaintiff Date: 3) Cr t_.;1 -1'i cr, V t FEDERMAN AND PHELAN, LLP By: JENM R. DAVEY, ESQUIRE Identification No. 87077 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215)1,6 7000 GMAC Mortgage Corporation 500 Enterprise Road, Suite 150 Horsham, PA 19044 Plaintiff VS. Jackie A. Keck A/K/A Jack A. Keck Tami G. Keck 602 East Keller Street Mechanicsburg, PA 17055 Defendants Attorney for Plaintiff : Court of Common Pleas : Civil Division : Cumberland County : No. 02-5938 I hereby certify a true and correct copy of the foregoing Plaintiffs Motion for Summary Judgment, Brief in Support thereof, and Argument Praecipe was served by regular mail on Defendants on the date listed below: Jackie A. Keck, Pro Se Tami G. Keck, Pro Se 602 East Keller Street Mechanicsburg, PA 175055 DATE: jS o 3 C) c J ne R. Davey, Esqu' e Attorney for Plaintiff - t? ,? ? ? '-% may. P ? C ? J??f Y _-? ? i . - r _-.. ?_ ?.., . 'v .... `( _ ?. F ??-- _ri ? ? l , f?„? `? K FEDERMAN AND PHELAN, LLP By: JENINE R. DAVEY, ESQUIRE Identification No. 87077 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (2151563-7000 GMAC Mortgage Corporation 500 Enterprise Road, Suite 150 Horsham, PA 19044 VS. Plaintiff Jackie A. Keck A/K/A Jack A. Keck Tami G. Keck 602 East Keller Street Mechanicsburg, PA 17055 Defendants Attorney for Plaintiff : Court of Common Pleas : Civil Division : Cumberland County : No. 02-5938 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST THE PROPERTY. Plaintiff respectfully requests that the Court enter an Order granting summary judgment in its favor in the above-captioned matter and in support thereof avers as follows: There are no material issues of fact. Plaintiff is seeking only an in rem judgment in this mortgage foreclosure action. 3. Defendants, Jackie A. Keck A/K/A Jack A. Keck and Tami G. Keck, have filed an Answer to the Complaint in which they have effectively admitted all of the allegations of the Complaint, as is further addressed in Plaintiffs attached Brief. 4. In their Answer, Defendants improperly deny paragraphs five and six of the Complaint, which aver the default and the amounts due on the Mortgage. True and correct copies of Plaintiffs Mortgage Foreclosure Complaint and Defendants' Answer are attached hereto, incorporated herein by reference, and marked as Exhibits C and D, respectively. 5. Defendants have failed to sustain their burden of presenting facts, which contradict the decision, there is no stay and the mortgagee may proceed with foreclosure. 12 Pa.Code §31.203(b)(12)(ii). 15. Defendants have the right to reinstate the loan up until one hour before a scheduled Sheriffs Sale. WHEREFORE, Plaintiff respectfully requests that an in rem judgment be entered in its favor for the amount due plus interest and costs as prayed for in the Complaint, for foreclosure and sale of the mortgaged property. Respectfully submitted, Federman and Phelan, LLP Je e RtDavey,, Esquire A o rney tiff' decision, there is no stay and the mortgagee may proceed with foreclosure. 12 Pa.Code §31.203(b)(12)(ii). 15. Defendants have the right to reinstate the loan up until one hour before a scheduled Sheriffs Sale. WHEREFORE, Plaintiff respectfully requests that an in rem judgment be entered in its favor for the amount due plus interest and costs as prayed for in the Complaint, for foreclosure and sale of the mortgaged property. Respectfully submitted, Federman and Phelan, LLP Je e R. Davey, Esquire A omey for Plaintiff EXHIBIT A Jan-29-2003 01:45pm From-PREMIER ABSTRACT +243 3390 T-020 P-002 F-359 131, ( 4 e L E'R' t_d"D COUNTY-!:. t '981tin; y B17II12 Pua:el Nu brr: /} ?D[ d /p- • 7D • G/hEt..? M.ah fl1lsS.Q:,.,t.- Do :Z°? 'P!r l° / IMs78 Loan SD: 3171 0 M(]RTr.A[",VF Case IDr r,tavr 0522571 NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. THIS MORTOAGE ("Security Instrument") is riven on April 30th, 1998 The inongegur is JACKIB A. KsCK and TAXI G. KWCK ("Borrower"). This iucurity Instrument is given to AccuBana Mortgage Corporation which is organized i nd existing tinder the laws of the State of TeXan addressis 12377 Merit low., #600, p_o. Box 8opog9, ,and whose Dallas, T..xaa 75251 ("Lestder"). Borrower owed Leader tine principal sum of f]ns Hundred Fifteen Thousand and no/10o-------- Dollars (U.S. S 113, 000.00 Tbis debt is ovide iced by Borrowtnes note dalel the some data ed this Security Instrument ("Note"), which provides rar monthly payments, with the lull debt. If not paid canter, due and payable on May lot, 2028 This Security lnstru pert socures to Lander. (a) the repayment of the debt evidenced by the Note, with interest. and all renewals, oxtansions and mot illcatkms of the Note: (b) the psymertt of all other surm, with interest, advanced under paragraph 7 to protect the security of this Security Instrument: and (o) the performance of Borrower's aovanunts and agreements tinder this Security Instrument and the Note. For this purpose, Do edeae hereby mortgage, grant 2nd convoy to Leader the following doseritKd WO y located in anS ATTtACIILZBNT A County, Pennsylvanian which has the address of 602 Pennsylvania 17055 MMSYLVAS"41ne FamavF7eMA?ta LIPWORM ae! rtt=V1 Feria 9099asce/9o {•/??, -svtnA1 a.,q Amended ciel r • : ~ k"RTYAe I reMls. aao.ss { ?.r. t .t a ..» EAST KBLL>IA STR29T, MBCHAKXCSXMW iz4• ca"tsl ("PropertY Addsees"): s9u1(1450PACt :771 Isink t. csyl. 100111111 Jan-29-2003 01:45pm From-PREMIER ABSTRACT +243 $390 T-020 P-003/010 F-359 TOaWrHHR WITI-I all the improvements now or hartxfbsr ereeted on the property, and all easements, appurtenances, and ~ fixtures now or hereafter a part of ilia property. All replacements and additions shall also he covered by this Security Instrument. All of tho foregoing ir referred to in this Security Instrument as the "Proparty.' DORROWBR COVENANT,; that Borrower is lawfully soloed of the estate hereby conveyed null has the right to mortgage, grant and convey the Property and that the Property is unencumbered. except for encumbrances of record. Borrower warrants and will dermal generally the title to the Property against all claims and dennands, subject to any encumbrances of record. THIS SECURITY INSTRU 4ENT combines uniform covanants for national use and non-uniPnnn covenants with limited variations by jurisdiction to cont. tutu a uniform security inseru not t covering real property. UNIFORM COVENANTS. Borrower and Lander covertant and agree an follows. 1. Payment of Principal t nd Interest; Prepsymtent and Late ChatRss. Borrower shall' promptly pay when duo the principal of and interest on the dot evidenced by the Note and any prepayment and late charges due under the Hole. 2. Funds for Taxes and Insurunce. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lander on the day monthly poymemts are due under the Note, until the Note is paid in full, at sum ('Funds") fors (a) yearly taxes and appointments which may attain priority over this Security Instr ument as a lien on the Property; (b) yearly Ieuchold payments or Smiled rents on the Property. if any; (e) yearly hazard or property Insurance premiums; (d) yearly flood insurance promiums. If any; (e) yearly mortgage insur ince premiums, if any; And () any sums payable by Borrower to Leader, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage Insurance premiums. These items are called 'Escrow lions.' Lander may, at any time. colicc and hold Funds in an amount not to exceed the maximum amount a leader for a federally related mortgage loan may nKM a for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from lime to it na, 12 U.S.C. Section 2601 so seq. ("RESPA"), unless another law that applies to the Funds earls a lessor amount. 1 r on. Lein or may, at any time, collect end hold Funds in an amount not to exceed the lesser amount. Lender may catimate Ile amount of Funds due on the basis of currant dam and reasonable estimates of expenditures of future Escrow lien= or otherwise in woe ardance with applicable law. Tux Funds abaft be hold in an institution whose deposits are insured by it federal agency. Instrumentality, or entity (including Lender, If Lender is such an institution) or is any Federal Home Lea Bank. Lender shall apply the Funds to pay the F.scrow Items_ Lander may not charge Borrower for holding and applying thtl Funds, annually analyzing the escrow account, or verifying the Saarow Items, unles s Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lander may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lander in connection with this loan, unless applicable law provides otherwise. Unless an agreement Is made nr applicable law requires Interest te. he paid. Lander shall not be required to pay Borrower any intared or earnings on the Funds. Burrower and bander may agree in writing, however, that interest shall be fluid on the Funds. Gender shell give to Borrower. without charge, an annual aceourthig of the Funds, showing credits and debits to the Funds and the purpose for which each ddtit to the Funds was made. Ties Funds arc pledged as additional security for all sump scoured by Otis Security Instrument. If the Funds held by Lendee exceed the amounts permitted to he hold by applicable law, leader shalt account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds heW by Lender at any lima is red sufficient to pay the Escrow Items when dun, Lander may so notify Borrower in writing, and, in such cue Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments. at Lon tier's sole discretion. Upon payment in full of all sump secured by this Security Instrument. Linder shelf promptly tefimil to Borrower any Funds held by Lander. If. under paragraph 21, Under shall acquire or sell the Property, Lender. prior to the acquisition or sale or the Property, shall apply any ^unds held by Launder at the if ma or acquisition or sale as a credit against the sums secured by this Security InstrumteaL 3. Appiiptton or rayeasmt t. Unless applicable law provides otherwise, all payments received by l amhm under pamLraphs I and 2 atahll he applledr flrat, tt. any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest duo; fourth. to; rincipul duet and just. to any lam charges due under the Nola. 4. Charxel; Liens. Borrovstr shall pay all taxes. snessmtents, charges, fines and Impositions attributable to the property which may attain priority over this Security Instrument. and lostishold payments or ground rents. if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly In the person owed pay win. C. Boi lower shall promptly fihmixh to Leridar all noiicas of amounts to be paid under chip paragraph. r Borrower makes these paym e n a dimotiy, Borrower shall promptly furnish to Lender receipts ovidenoIng the Borrower shall promptly diiecharge any lien which ban priority over this Security Instrument unless payments. a writing to the payment or the obligation secured by the lien in a master oentasts Bon good faith the in by. or defends uIpinst onferoonient of the liar in, legal sexeptahlr to Lander• (tr) o o grxxl faith Ilse lion enforcement of the lien; or (a) a curaw from the holder or the lien ange which gfegnwhich in the Landers opinion operate to prevent the Otis Security Instrument. If Lane or d.mrmines that any part of the Property is s subject to Lan Pay attain the lion to this Scourily Instrument. Lender may a sn Bar to a lien which ch may atealm priority over more of ilia nations act forth abol-v ithiive n 10 tinys r of a the notice i giving d.n of tn notlceceoti the dim. Barrowur slat) astisfy the flan or take one or . 43M -ViPAI caste rte. s.i • Parts ZOaa */so u+uru JA K "OK1450rAck a772 TQ1? I ? Jan-29-2003 01:45pm From-PREMIER ABSTRACT +243 3300 T-020 P.004/010 F-359 S. Ha2urd or property Inarrurme. Borrower shall keep the improvements now existing or hereafter wectvd can the Property insured against lee by fire, hazards included within the term ocztwdsd COVOMBO" and any other hazards including , floods or flooding, for which Leader requires insurance. This insurance shall be maintained in the amounts and for the perioda that Lander requires. The insurance carrier providing tin insurance shall be chosen by Borrower subject to Lender's appttrval which shall not bit unmasonably withheld. If Borrower fails to maintain coverage described above. Lender may at Lender's option, obtain coverage to protect Lender's ri hts i the P i g n roperty n accordance With paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause Lander . shall have data right to hold the Policies and renewals. If Lander requires, Borrower dull promptty give to I unit ar sit receipts air paid premiums and renewal notices. In the avant of loss, Borrower shall give prompt notice to the insurance carrier and Lander . Lender may make I•roof of leas Want made promptly by Borrower. Unless Lends • and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged. if the restoration or repair is economically feasible and L l e i i .enc u s secur ty s not lessened. if the restoration or repair is not canon rdeally feasible or Lender's security would be lessened, the insunume proceeds dta11 he applied to lice sums secured by this Sa3urity Instrument, whether or riot then due, with any excess paid to Borrower. If Borrower abandons the Property, or does (tot answer within 30 days a notice, f o L d h m r an er that t e insurance carrier bas offered to settle a claim. deer( Lender may collect the insurance proceeds. Lender may use the proceeds to repair or rotors the Property or to pry aunts secured by this Sactirity Instrument, whalher or not then due. The 30-day period Will begin when the notice is giver. Unite I..endsT and Borrower otherwise agree in writing, any application of proceeds to principal shag not extend or poseptaw the due mate of the monthly payments rshrrod to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 2 the Property Is acquired Ivy Lender. Borrower's right to any insurance policies and proceeds resulting from damage to the Prol arty prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior .o the acquisition. 6. Occupancy, Pramtcrtnhtion. Maintertanee and Protection or the property; Borrnweem Loan Application; t erwelrulds . . Borrower shall occupy, establish, and use the Property se, Borrower's principal residence within sixty days after the execution of this Security Instn meal and shall continue to occup this Pro B ' y perty as orrower s principal muldeaes for at least one year after the date of occupy ley, unless Lender otherwise agrees in writing, Which consent shalt not be unreasonably withheld or unless r' , extenuating circunuaanit" axist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to datadorate, or commit waste on the Property. Borrower shall be in default if le f i any r c tum action or proceeding, whather civil or criminal. Is begun that in Lender's good faith Judgment could result in forfetturo of the Property or othervise materially impair the lien cr t d b S hi e ea y t s ecurity Instrument or Landau's security interest- Borrower may cure such a default and reinstate, as provided in paragraph 19, by causing the action or proceeding to be dismissed with a ruling flint, in Lender's ;ood filth determi ti na on, precludes forfeiture of the Borrower's interest In lhs Property or other Iaaterial Impairment of the lien created by this Security Instrument or Latsder's security Interest. Borrower shall also be In def ult if B a orrower. during he loss application process, raw materially felso or inaccurate information or statements to Lender (or filled to provide Lender with any material information) in co ti i h nnec on w t the loan evidenced by Hie Note. includie& but not limited to. rtpraseuations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is oat a leasehold, Borrower shall comply with all the rovi i f p s ons o the lease. If Borrower acquirer fee title to the Property, this letuseltold and this uea title shall not mange unless Lander agrees to the merger in writing. 7. Protsetlot. car Lender's Rights In the Property. If Borrower fails to perform the covenants and agreements contained In this Security Instrument, or them it a legal proceedin that m si l ifi ' g ay gn cant y affacs Lender s rights in the Property (such as a pntceediau in ban cruptcy. probate, for condemnation or forfeitare or to anfbloe laws or regulations). than Lender may do and pay for whatever is neces a t s ry o protect the value of the Property and Lender's rights in He Property. L an der's actions may include paying ar,y sums securetl.by a lien which has priority over this Security instrument appearin in court re o bl i ' , g . pay as na ng e attorneys feet and entering on the Property to take r"Irs. Although Leader may take action under title paragraph 7, Lander dons not have to do no- Any smoun s disbursed by Lander under this paragraph 7 shah become additional debt of Borrower aetatmd by this Security Indrtrme it. Unless Borrower and Lander agree to other karma of peyment these mmottma shall ( i 1• , tear ncurs( t om the date of disbursement at the Note rate stud shall be payable. with interest, upon notion from Lander to Borrower tequeuiag payment . fd. MtrclgaRr• Insurance. If Lender required mortgage insurance as a condition of raking the loan secured by this Security Inativanent. Rom war l Puy the premiums required to maintain the mortgage insurance i ff s e ect. If, for any reefen, the ""arl,21111110 iaurean : coverag required by Lander lapsas or cruses to be in offset. Borrower shall pay the remimas required coverage sabsanHally equivalent to the mort a i g ge nsurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect. from an alternate mortgage iraumr approved by Lauder. If substantially a ui talent m t i p or gage nsurance coverage Is not available. Borrower shall pay to Lander eaah mouth a sum aqua to one-twelQb of the yourly mortgage insurance pretaitsm bailag laid by Borrower when th i e aunutce covers lapsed or ceased to be in affect. Lender will accept. use and retain these payments ee a low reserve In lieu of mortgage Insurance. Lora reserve tXft-ffVIPA) 0.10 r... • w • Penn seat. Dfflo JR e rw.a. , boultUM PAce..773 ??? Jan-29-2003 01:46pm From-PREMIER ABSTRACT +243 3390 T-020 P.005/010 F-359 payments may no longer be required, 14 the option of Lender, if mortgage insurance coverage (in the amount and foe the period that Lender require:) provided by an insurer approved by Lander again become available and is obtained. Borrower shall pay Rho premiums required to maintain men2ags insurance In effect, or to provide a lass reer m. until the requirement for mortgage insurance ends In accordance with any written agreement between Borrower and Lender or applicable law_ 9. laspectton. Lender or its agent may matte reasonable entries upon and inepeations of the Property. Lender shall give Borrower notice at the time of or pric• to an inspection mpccifying reasonable cause for the Inspection. 10. Cando nation. The proceeds of any award or claim for damage, direct or consequential. In connection with any condemnation or other taking of any ;art of Rho property, or for conveyance In lieu of condemnation, are hereby assigned and shall he paid to Lender- In the event of a total taking of the property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any *.-case paid to Borrower. In the event of a partial taking of the property In which the fair tnurkct value of the Property Immadlstaly baforo the taking is equal to or greater than the amount of Rho sums secured by this Security Instrument inunedialely before the taking, unisex Borrower and Lander otherwise agree in writing. the mums secured by this Security Instrument shall he Yalu-ad by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured Immedi dely bafore the tatting, divided by (b) the fair market value or the Properly immediately berme the taking. Any balance anal be paid to Borrower. In the went of a partial taking of the property to which the fair market value of the Property Immediately before Use taking is less than the amount of the sever secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall he mpplled to the same sectored by this Security Insirument whether or not the sums are then dote. If the Property is abandoned hl Borrower, or if, after notice by Lander to Borrower that the condemner offers to snake no award or settle a claim for damage e, Burrower falls to respond to Lender within 30 days after the data the rustics is given, Lender is authurized to collect and a %ply the proceed-, ¦t its option, either to restoration or repair of the property or to the sums secured by this Security Instrunteat, whether or not then due. Unlesr Lander oral Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or_ poRspone the due date of the onontht+• payrnerax referred to in paragraphs I and 2 or change the amount or such payments. 11. Sommer Not Relented; Ikwitenrance By Lender Not a Waiver. Extension of the time for payment or modification or amortization of the sums secured by this Security Instrument grunted by Lender to any successor in interest of Borrower shall not oprrato to release tiro liability o•' tbe original Borrower or Borrower's successors in Intern-. Lander shall not be required) to commence proceedings against any successor in into t or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Seca, ity Instrument by reason of any demand made by the original Borrower or Botmwer'x ?. altecemsnna in interest. Any forhennince by Lender in examising any right or remedy shall not be a waiver of or preclude the exerelma of any right or remedy. 12. Sucemserrs and Assigns Bound; Joint and Several I.iahility; Ca-signors. The covenants and agreements of this Security lnstranoont shall bind and benefit tho successors and assigns of Lender and Borrower, subject to the provisions or paragraph 17. Borrower's covenar to and agreements shall be joint and several. Any Borrower who eo-signs this security instrument but does not execute tha Note: Ca) is co-signing this security instrument only to mortgage, grunt and convey that Borrower's interest in the Property tinder the terms of this Security Instrument-, (11) is not personally obligated to pay the sums secured by this Security Instrument: and (c) egress that Lander and any other Borrower may agree to extend, modify, forbear or make any accommodations with nag urd to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Lean Charges. Ir the loon secured by this Security Instrument is subject to a law which sets maximum loan charges. pad that law is finally Interpreted so that the Interest or other loan charges collected or to be collected in connection with the lean exceed the pemittad limits, dean: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge in the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be ret4Rtded to Borrower. Lander may choose to make this refund by reducing the principal owed under the Note or by making a direct Payment In Borrower. If a refer d reduces prinellml, the reduction will be granted an a partial prepayment without any prepayment charge under the Note 14. Notices. Any notice to B-Nrroww provided for In this Security Instrument shall his given by delivering It or by mailing it by fine class mail fattens applier hie law requires use of another method. The notice shall be directed to the property Address or any other addcams Borrower d axignatem by notice to Lander. Any notice to Leader shall be given by first class mail to Larder's address stated horein or any other addseua Lender designate; by notice to Borrower. Any notice provided for in this Security Instrument shall he deeaa d to have been given to Borrower or Lender when given am provided in this paragraph. 15. Covanda l Law; Sever ability. Thls Security Instrument shall he governed by fed ual law and the law or the Jurisdiction in which ohs Property is located. In this event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, seal conflict shall not affect odor provisions of this Security Instrom"K or the Note which can be given affect without Rho conflicting provision. To this and the provisions of this Security instrument and the Note are declared to be severable. I& Bormvmes Copy. Sam ewer shall be given one conformed copy of the Note and of this Security Inauume nL Perm 41039 9190 4jO=aVIPA1 o4sox Pgew.rx paox1450nin .774 ? -7'0,V ?^ Jan-29-2003 01:47pm From-PREMIER ABSTRACT +243 3390 T-020 P-006/010 F-359 17, Trunsrer of tlac Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not It natural person) without Landers prior writt an eoneept, Lander may, at its option, rm uirs ianmiuliate payment In full of all mums secured by this Security Insim ment. However, this option shall not be exttrclsedd by Lender if exercise is prohibited by tod rat lawns of the data of this Security Instnement. If Lewder exam Bev this option. Lender shall Five Borrower notice of aceeleratiom The notice shall provide a periled of not less than 30 days &pan the data the notice is delivered or readied within which Borrower mud pay all sums "cured by this Security lnattutaeaI. If Borrow+r falls to pay the" mums prior to the expiration of this period. Lender may invoke any nenardics permitted bK= Security Instrumenl without further notice or demand an Borrower. IS. 'a Right In Reinstate. If Borrower manta oartain cons itioass. Borrower shell have Ilse right to have saeforeamoot of this Seounty instrument discontinued st may time prior to the earlier ot: (a) 5 days (or such other period ax applicable. law may specify for rommactement) before sale of the P pursuance to any power of solo contained in Rhin Security Inwrumsmt: or (b) entry or a judgment enforcing this Scamariey?l. Tho" conditions mo that Borrower: (a) pays Lander all sums which then would he due under thin Security Instrument and the Note " if no scosloralion had occurred; (b) cures any default of any ether covenants or agreemeatd (e) pays all expenses incurred in arsfoming this Security Instrument, Including but not limited lo, reasonable silencers, fees; and (d) tapes such nation as Lender may reasonably require to murs that tides lien of this .;ocurity Instrument. Lender s rights In the Property and Borrower's obl,?nLIon to ppasy the sums second b this Security Instnsseept shall continue unchanged. Upon reinstatement by Borrower, this Sects ty Instrument and tits obligations secured Isrrwhy shadl romadn fully affective as if no aeeelertetion had occurred. However. this right to reinstate shall net apply in the case of reaelaration under paragraph 17. to. Sale or Note. Change of Loan Senicar. The Note or a partial Interest In the Niue (together with this Security Instrument) may be soIJ one or move times without prior notice go Borrower. A sale may result in a chantle to the entity (known as the "Loan Servie r") that collocate monthly psymenls due under the Now and We Scourity Instrument. T],ery also may he one or more chanson of she Lose Sarvic ar unrelated to a sale of the Note. If there is a change of the Loan Sarvioaar. Borrower will be given written notice of the change is accordance with paragraph 14 above and applicable law. The notice will state the mate and address of the new Loan Servicer and the address to which payments should be made The notice will stew contain any other information rOQciret by applicable law. 20. Hazardrwi Substances. Borrower shall not cause or permit the presence, use, disposel, storage. or release of any Har:,rdous Substances on or in the Property. Borrower shell not do, nor allow anyone olsa to do, anything affecting the Property that is in .iolutlon of say Environmental Law. The pntoecling two sentences shall ace apply to the prwoooe, use. or storage on the Prop trey of small yaanlitivs of Hazardous Subatsaees that are generally tooogni to be appropriate to normal residential uses and :o maintenance of the Property. Borrowr i regulate promptly give Lender written notion of any invesligutio n. claim, demand. lawsult or other action by any governmental g o ry wgeney or ppriwto ppaarty involving the Properyy and any Hazardous Substance or envimmswatst Law of which Borrower has actual knowteelg+. If 9orrower I.. or to notifsed by any p¢overnmeMal or rognlatory setisocity, that any removal or other remodiation of uny Hazardous Substance affecting the Property is neexasary. Borrower shall promptly take ell neceawery rsm-Ji al actions in a soordan ms with linvironmomad Law. As used in this paragraph 20, -Hazardous Subataneea" are those substances defused as toxic or hazardous substances by Envdrornmental Lava and the following substances: gasoline, kerosen% outer flammable or toxic petroleum products, toxic pasticides and horbi sides, volatile solvents, materials containing asbestos or foraraidchrde, and radioactive materials. As used In this paregrnplu 20. 'Environmental Law' numbs federal laws and laws of the jurisdiction where the Property is located that relate to health, safe ty or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender tbrther covenant and mgr" as follows: 21. Aocslerut ion; Remedies, Lender shall give notice to Borrower prior to acceleration following BarrolivWs larmele sir any caweasent cr aireca mcnt in lids Security Instrtttnent (but sot prior to acceleration under paragdlraph 17 taaltxss applicable haw pro ridea otherwise). Lender shall notify Borrower of. sarong other thisgtsr (a) the def. 1; (b) Ilse action rexquired to twre U a default; (c) when the default must be curedl and ( that fallare to care the default as specifled nuty result In accelerathars of the suns secured by this Sectoity Instrannmt. foreclosure by judicial proceeding and sale or ilia Property. Lander s roll further inl'ona Borrower of the right to rahtstaln after acceleration and the right to start in Ilse ruredusure propo rag t? rq?) sknoe Of A. rault or any other defense of Borrower to accdocrodon and foreclosure. If the d,,u,, Is tot .wad as spa3Rcd, Lender. at its optkuy may er?eqgtrddm Inmtediele payIrrasrl in full or aB stuns secured by 11six Security Ins" consent without fiwilmw rlnnuusd and mcay faraftm this Security lnwrarneet by judicial praceeding, Lender shall be escthlod to culled all escpwses la n rred in pwsa{i the remedies provided In this paragrnplr 21, Including, but not Belted to. a s' revs aced costs of tilde eddertce to the salmi. pers iced by Applicable few. 22. Rd--- Upon ImYmnt .71211 mums secured by this Security instrument, this Security Instrument and the estate conveyed shall teradrsns and become void. Attar, such eoanrrence. Leubr Rhail discharge and "tL without ehtsrge to arowar. Borrower shall pay any recordation tamale. this Security Inctrasuaaet 23. Waivers- Borrower, to the extent Permitted by applicable law, waives and releases any error or defects is proceedings to enforce this Sea rlty instrument, and hereby waives the benefit of may present or future lswa providing for day of execution. extension of tit*ae..awnptiom from alh,chmeng. levy sod sale, and homsst"d exemption. 24. dtebWat easel period. Borrower's glans to nalowate provided in paragraph 18 shall extend to orm boar prior to the cotmmcasanent of Itidding at it slterlfro sale or ether ale putsuang to this Security instrument. 25. Purchase Markey MorfSntN, If an of the debt secured by ibis Security lastrumerst is lost to Borrower to Require title to uP nropert , thi; iyy Instrument shall be a purchase money rnorggage. or in an neati to es is t q? After ,ludstrsMt. Borrower agtom ghat tba wtereR rate payable agar a ju dsuwnt in aperel on the Niue rtgage foreclosure abaft be the rate payable from time to time under the Note. ?? (.a-eVlPwl ewseN Feren 3079 010 •'. •0=1450rase .775 ./AK Jan-29-2003 01:47pm From-PREMIER ABSTRACT . +243 3390 T-020 P.00T/010 F-359 27. Riden to this Security In;trurnent. If one or morn riders are executed by Borrower and recorded to8ether with this security Instrument, the covenants a td agreements of each such rider shall be incorporated into and dull amend and supplement the covenants mul agreements of this Security Instrument as if the rider(s) were a part orthis security Instrument. IChmk applicable box(es) I Adjustable Rate Rider M Condominium Rider 1-4 Family Rider Graduated Payment Rider Planned Unit Development Rider Biweekly Payment Rider Balloon Rider Rate Improvement Rider Second Home Rider V.A. Rider Other(s) [specify] (Sean TAM 6. K2CK ?_i tsnrruw.r •t? (Seal) (Sul) -sorrowar -no or Certificale of Residence 1. , do hereby certify that the correct address or the widtin-named Mortgdtee is Witness my stand thin 30t:a day or April 1998 BY SIGNING B W, Born1war accepts and agrees to the terms and covenants contained in this Security Instrument and in arty rider( extcut h Borrowt?rand recorded with it. Witnesses: ' (Seal) S Cx8 A. IBCK -Itmrewsr COMMONWEALTH OF PE" SYLVANIA, CrC 47 Cot c On this, taxi 30t.ri day or April personally appaanxl mcxxz A. KECK aLnd TRMS 0. ME= persnrs whoa named are auhscrihed to tM within irtrtruttwtt ¦ .rckn led executed the same for the purpoas herein contained. IN WITNESS WHEREOF. I hereunto not my hand and ofrcial seal. 1 My Commission Expires NOTARIAL SEAL MtT,10W J. FOWMI. Pkmwv public Can P to Berm. Qanb dond Coutttt» aloe Ex Ira /1u ust t 1001 rat. or 0"Cam eeoir1450race .776 offiaw. Asaat or M-risay.. Fern. 3020 a?eO Cmtrrty as: 1998 , hafore me. the underslQnetl Jan-29-2003 01:48pm From-PREMIER ABSTRACT +243 3390 T-020 P.008/010 F-359 EXHIBIT A ALL. THAT =ERTAIN piece or parcel of land situate in the Borough of Mcchaneisburg. Cumberland Co., Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Southern line of Keller Street (50 feet wide) said point being the dividing line 3etween Lots Nos. 31 and 32, Seaton "H.° on the hereinafter mentioned Plan of Lots; thence Lastwardly along the Southern line of Keller Street, a distance of 78.22 feet to Lot No. 33, Sectit in H; thence South 5 degrees 17 minutes East, a distance of 135.99 feet to a Lot No. 13 on said Plan; thence along said Lot No. 13, South 88 degrees 3 minutes West a distance of 33.87 feet to a point;'tbcnce along Lot No. 12, South 74 degrees 25 minutes 30 seconds West a distance of 17.04 feet to Lot No. 31, Section H; thence North 18 degrees 55 minutes West, a distance of 1:11.83 feet to the Southern line of Keller Street, the place of BEGINNINO. BEING Lot No. 32. Section H in the Plan of Blackburn Village, as recorded in the Cumberland Co. Recorder's Office in Plan Book 7. Page 7_ HAVING THEREON ERECTED a single frame dwelling house known as No. 602 East Keller Street. Mechanicsburg, Pennsylvania. f? . .93993 -' eomc1450rncr 777 ?A ? 7'd? Jan-29-2003 01:48pm From-PREMIER ABSTRACT +243 3390 T-020 P.009/010 F-359 VA GUA A TEED LOAN AND ASSUMPTION POLICY RIDER Case ID: 7 kPP 0521571 Loan tut 9171408 NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT ,.. OF VETERANS AFFAIRS OR ICS AUTHORIZEAGENT 'PHIS VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER is made this 30th day of Apsii 3998 , and is incorporated into and aball be dratted to attend and supplement the Mortgage, Dead of Trust of Dead to Secure Debt (heroin 'Security Instrument") dated of evert dots herewith. given by the undersigned (herein "Borrower") to secure Borrower's Note to ACauBana Wortgage Cosporatsion (herein 'L.endar') and covering the Propsrty dr soribod in the Security Instrument and located at 602 EAST X2MESt STREET NBZC11A1RXCSVCMG, PA 17055 (Paq.eny Addme.) VA GUARANTEED LOA *4 COVENANT: in addition to the covenants and agreements made in the Security lnatramont, Borrower and Lender further covenant and agree as follows: If the indebtedness secured hereby he guaranteed or insured trader Title 38, United States Code, such Title and Regulations issued therelttulcr and in affect on the date hereof shall govern the rights, duties and liabilities of Borrower and Lender. Any provisions of the Security Instrument or other Instruments executed in connection with said indebtedness which are inconsistent with said Title or Regulations, including, but not limited to, the prnvisitm for payment of any sum in connection with prepayment of the secured indebtedness and the provision that the Lander may &=statute payment of the seethed indebtednaas pursuant to Covenant 17 of the Security Inxtru lnonl. arc hereby 2momded or negated to the extent necessary to conform such instrUmeats to said Title or Regunons. LA'C'E CHARGE: At Lender's option, Borrower will pa a 'late ehatga' not exoetxling four per centum (4%) of the overdue payment whom paid more than frneen (13) days alter the due data thereof to cover the extra mtpehae involved in handling delta `dent puytnenb, but such 'late charge" shall not be payable out of the procoals of any Baia made to satisfy the Indebtedness secured hereby, unless such proceeds are sufrtcient to discharge the entire indehtednems and all props • costs and expenses secured hemby. GUARANTY: Should the Department of Veterans Affairs fail or refuse to issue its guaranty in full amount within 60 days from the time that this loan would normally become eligible for such guumoty committed upon by taw Department of Veterans Affairs under the provisions of Title 39 of the U.S. Code "Veterans Benefits " the Mortgagee may declare tha indebtedness hereby secured at once due and payable and may fbrmlose imm;jintely or may exercise any other rights he -sun der or take any other proper action as by law provided. TRANSFER OF THE PR OPERTY: This loon may be declared immediately due and payable upon transfer of the property securing such loom to any transferee, unless the acceptability of the assumption of the loan Ix established pursuant to Section 3714 .,f Chapter 37. Title 38, United Staten Code. An authorixad transfer ('r assumption') of the property shall also be subject to additional covenants and as. meals as not forth hat~. (a)ASSLTM IQhL^jJ=lNO FRS- A fee equal to one-half of 1 percent (.SOB) of the balance of this loan as of tine duce a transfer 11 the property shall be payable at the time of transfer to the loan hoklor or its sothodtaid agent, as trustee for the E-op%Mnamt Of Veterans Affairs. If the aasumsr fails to pay this fee at the time of transfer, the fee shell constitute ar additional debt to that already secured by this instrument shall bear interest at the rate herein provided, and, at 1 he option of the payso of the indebtedness hereby secured or any transferee thereof, shall VA GUARANTEE LOAN A 40 A66UMPTION POLICY RIOER (r-3996 aso-oxt 1lase ~ MORTa/.ea FORMS-A09071-71191 ' JA ??" 1 M 7 IMUYTAa 64 seimo sooR1450PAd .778 Jan-29-2003 01:49pm r • 0...1k a s ??. ruecx ? _ew,o,,,,,u. TAXI 0. XECK .ttwn.wtr -ewraw r From-PREMIER ABSTRACT +243 3390 T-020 P-010/010 F-359 ba imtnet:latei dun and payable. This feels automatically waived if the assuttter is exempt under the provisions of 38 U.S.C • 3729 (c). (b) Upon application for approval to allow assumption of this loan. a processing fee may be charged the loan holder or its authorized agent for determining tlla creditumAhineas of the assumar and subsequently revising the holder's ownerxhip records when an approved transfer is completed. The amount of this charge shad nut excocd the maximum established by the Department or Veterans Affatm for a loan to which Section 3714 or chapter 37. Titlo 33. United States Code applies. (e) &Ssum "Plobj IbIDBNINITY LIAHII_tTY_ If this obligation is assumed, then the assumar bendy agrees to assume all or the oITgatkma of the veteran under the terms of the instruments creating and securing the loun. The a um )nor further agrees to indemnify the Degmrttnettl of Veterans Afrairs to the extant of any claim paymmu arising 6 om the guaranty or insurances of the indebtedness created by this instrument. IN WITIMSS WHEREOF, Borrower(s) hus executed this VA Guaranteed Loan and Assumption Policy Rider. ?.i aoa e.ee.sa, • State of Pennsylvania ) Be County of Cumberlandt Rocorded in the oMce for the recording of Deeds eat. n and fqq?rumbertand County IrtBook -Vol.'- Pay P--- s w z witness my hand mncL al of office of Carllsle. PA th of 7 JIMUK1450rest 779 EXHIBIT Al NOTE . NOTICE: THIS LAN 'IS NOT ASSU E WITHOUt 4HE - APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS - OR ITS AUTHORIZED AGENT. Case ID: LAPP os22571 Loan 3171406 April 30th, 1998 CAMP HILL PliUMLVANIA IDaal 1071 l !1 602 EAST KELLER STREET, NSCHANICSBURR, PA `17055 Irmpeny Addwwl :. 1. BORROWER'S PROMISE TO PAY ' In return for a loan that 1 have received, I promise to pay U.S. $ 115, 000.00 (this 'amount ii called 'principal'), plus interest, to the order of the Lender. The Lender is AecuBane. Mortg"o Corporation I understand that the Larder nay tranfer this Note. Tha Leader or anyone who lakes this Note by transfer and who is muded to receive payments under this Note is called the 'Note Holder.' 2. INTEREST Interest will be charged on unpaid principal until the full amount of priseipii her been paid. will pay intered it s yearly . rate of 7.500 %. The interest rate required by this Section 2 is the rate I will pay both before and after anj default daecribed in Section` 6(B) of this Nota , 3. PAYMENTS (A) Time and Place of Payments 1 will pay principal and interest by making payments every month. 1 will make my monthly payments on the lot day of each month beginning ou Junes list' = 1998 1 will make these payments every month until I have paid all of the ptincipal.and interest and my other c wife deaeribed helow that I may owe under this Now. My monthly payments will be applied to intgmt before principal., If, on May let, 2028 , l Mill cave amounts under this Note, I will pay those amounts in-full on *t date, which is called the 'Maturity Date.' ! I will make my monthly payments at 12377 Merit Dr., #600, P.O. Box 809089, Dallas, Texan 76251 or at a different place if required.by the Note Holder. (13) Amount of Montbiy Payments .. My monthly payment will be In the amount of U.S. $ 804.10• 4. BORROWER'S RIGHT TO PREPAY 1 have the right to nuke payments of principal at any time before they are due. A payment of principal only is known as ¦ .prepayment.' When 1 make a prepayment, l will tall the Nola Holder in writing that I am doing to. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that 1 owe under this Note. If f male a•piartial pn"yount• !hero will be no changes in the due dale or in the amount of my monthly paymend unless the Note Holder agrees in writing to those changes. S. LOAN CHARGES If • law, which applies to this loan and which sets maximum ban cbergea, is finally iolerprotecl so tbit the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by Ua amount necessary to reduce the charge to the pernntled•limil; and (d) any sums already collected from me which excea ed permitted limits will be refunded to roe. The Note Holder may choose to make; this' refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refimd viducea principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Now Holder bond received the full amount of any monthly payment by the cad of tiiteen calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the cimrge will be . ' 4.1100 R of my overdue payment. 1 will pay this late charge promptly but only once on each Into payment: . (8) Default If I do not pay eta full amourd of each monthly payment on the date it is due, 1 will be in default. MULTISTATE F?7tED RATE NOTE - SMt81s rwrdly - FannM IMaNFroddle Use Uldt«ml aeslrnarlt . Form) 320012/8.1 , 4ft.6V owe Am wWad 4102 vro MONO" rOleaa- 99136.90•e100.1a00aa1.7791 MM 1 a s .. 1 6illit ,,!? 10111111 7.: ' ?' !. P ;p-; ;:Y" . x'1::1:1 . I .wi 1::11 ; . ?'1 .. .... ixi..•):1 'th4r.1rvvlt 4cs l ? n;rl?ti t i'ro • 'i: '•) 1 I:N!x ,cal .. •: it ,•n ir.I ! .:.7ei is 1 'Ili = '.,F n 1 r ! :. ! 1 t °nb:: ct 1 a re, ( Notics of Default If I sm in default, the Note Holder may send me a written notice telling no Wat if I.do not (! .y'tbe oveidus amount' by a certain date, the Note Holder may require me to pay immedistaii who fun amount of pridatx 4d which has not I?eett paid raid all the interest that I owe on that amount. That date must be at least 30 days after the e op which the notice iii delivered or trailed to an. (D) No Waiver By Note Holder Even if, of a time when I ant in default, the Note Holder does not requirp•pte to ory immedtatelj. in full as described above, the Note Holder will still have the right to do so If I am in default at s Ller lime. (E) Payment of Note I[older's Casts and Expenses if the Nola Holder bas required me to pay immediately in full as described above6 do Note Holder will have- the right to he paid beck by me for all of its costs and expenses in enforcing this Note to the extent- not prohibited by applicable law: Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Union applicable law requires a different method, any notice that must be given to me trader this Note will he given by delivering it or by mailingg it by first class mail to we at the Property Address above or at a different address iT I give the Note Holder a notice of my different address. Any notice &I must be given to the Nola Holder under this Note will be vet by mailing-it by: first elates nail to the Note Holder at the address slated in Section 3(A) above or at a different address if 1 am glues a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to')teep sit of the iiromiees made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or eedortlar of this Note- is also obligated to do these things. Any person who takes over these obligations, including the obli alias of a guarantor,, surety or endorser of this Note, is also obligated to keep all of the promises made in ids Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us togell ee. ,This means that my one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and my other person who has obligations under this Note waive the'righte of presmmsnt and notice of dishonor. "P am tmmt' means do right to recurs, the Note Holder to demand payment of imounts dus. "Notre of dishonor" meanie the right to require the Note Holder to give notice to other person that amounts due have not bests paid. 10. ALLONGE TO THIS NOTE If an allonga providing for payment otfjustraenin or for my other ntpplemeatal information is exewtel•byy the Borrower - tofether with this Note, the covenants of the allonge shall be incorporated into and it" amend and supplement the cove ni nts of the Note as if The allonge were a part of this Note. [heck applicable box] ? Graduated Payment Alloage ? other (specify] O Other [specify] 11. UNIFORM SECURED NOTE 'M6 Note is a uniform indroese'rit with limited variations in some juriadictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trod or Security Deal (the 'Security Instrssrdett'). dated'1he sane date as this Note, protects the Note Holder from possible lasses which might result if 1 do not keep the which I make -in this Note:. That Security Instrument describes how and under who conditions 1 may be requited to molt immedlidei•payment in full of all amounts 1 owe under this Note. Some, of those conditions are described as follows: Regulations (38 C.F.A. Part 36) ismod under The Department of Velwan's Affairs ('V.A.') Guaranteed Loan' Authority (38 U.S.C. Chapter 37) and in effect on Nee date of loon closing doll govern the tights, dutiecand liabilities of the parties to this loon and soy provision of this Note which are inodusidmt with such regulations' are busby amended and supplemented to conform thereto. WITNESS THB HAND(S) AND SEAL(S) OF THE UNDERSIGNED. i (sesn ' csesn JAC B A. KBCK 4kno fir TANI O. KBCK -SWIM" SSN SSN: (Seat) (S? s ? ' A°"ea?s SSN: - ales SSN: Y kiln OH9,11tal Uolyl r , e?-8V all"i ?w. a.l a Form 3M 12M i' /1o n rat : '•ur. F -in 1, 1 11'.1.1 ' , i rur:ipl,' ?• 1•rl• not 11, •: 1 1• i .i 4.1d I ' 1:•?Ids ri1•ipei:Flt.. I;e,.ca nl:e.,:rt '•1 it , r - 1"'(Ifi r! Int U; t/.ii :)' 1M:11. • I' IF1 I.1 ._. 1:.4.:t 1•' 1 a :.1 t 1 tor: ai -?':IP 1r 1: LI. 1;:11 r ,.., •• 1,n1':ill i it ! 1 '111 liti it 11?. ih: r . .. 1: ,f L•• 1 l' I ,. 111 ' •'1: 3.II i?: :!IS it . . 1`"7 t?' ." 1 1 •I' l' 1'S) ,'I'1 i `ll1 ill 1 . , • r „1 :'t 1.. IC ..1111 i. -'1.1 I11I.':I t• , • ?:I 1••I 11 I1 l' Ile :I' , .•1t! •11? 1: IIII • 1 ? ' ': 7! 111-, - 1?' .. . . :•I.i: t!•1: I••'I • . 1' it 11- ? ilt: 11' 1: J ,. C. ill. ' • • 'I . • , I . 1, S? ! Ili . EXHIBIT A2 Feb-06-2003 10:35am From-PREMIER ABSTRACT +243 3380 T-327 P.002/003 F-023 a)1_7 prepared By ac Reeordi?g Requested By: After Recording Return To: AccuBanc Mortgage C. rrporarion P.O. Box 809068 Dallas, TX 75380-9061 Attn: Final Doeumenta ion Department AaMC Loan No: 3171408 098-2 GMAC#: 306037652 T ool# 403907 Loan Type.GNMA 3: 71408 Recording District: Cw *eti-d KECK. TACKISA. '99 AN 221 nF1 9 12 ASSIGNMENT OF MORTGAGE )ut? September 2nd. 1998 to be effective the Date of Piling/Reeording Owner and Holder of iceurity instrument ("Holder°): ACCUBanc Mortgage Corporatlon, P.O. Box 809068 Dallas, TX 75380-9068 Assignee ( Including : Bailing Address): GMAC Mortgage Corporation, A Pennsylvania Corporation With an office located at: 3451 19arntnond Ave, Waterloo, IA. 50702 Security Instrument V described as follows: Date: 4/30/98 Original Arraunt: 5115,000.00 Borrower: JACIGE A. KECK TAMI G. KECK Lender: ACCUBANC MORTGAGE CORPORATION Mortgage Rxorded or Filed on 514/98 as Instrument/Document No. M&- in Book 144500. Page Z of Official Records in the County Recorder's Of Clerk's Office or Cumberland County. PENNSYLVANIA Property (including . my improvements) Subject to Lien: LEGAL DESCRIPT ION AS PER MORTGAGE REFERRED TO HEREIN. Property Address: 6)2 EAST KFLLER STREET. Mechanicsburg. PA 17055 BOOK 601. mu 7 8 Feb-06-2003 10:35am From-PREMIER ABSTRACT My comtrtission expires: 8/20!2002 For value receiv.d, Holder sells, transfers, assigns, grants and conveys the Security Instrument and the Note described therein, all of Molder's rights, title and interest in the Security Instrument and Note, and all of Holder's title and interest B the Property to Assignee and Assignee's successors and assigns, forever. When the context requires, singular nouns and pronouns include the plural. IN WITNESS WHEREOF, Holder has caused these presents to be signed by its duly authorized officer(s) if applicable, and tc be attested and scaled with the Seal of the Corporation, as may be required. AccuB?nc Mortga rporntion By: Sue Denny, Vice President I-- - State of Texas County of Della i 4 . +243 3380 T-327 P-003/003 F-023 CORPORATE ACKNOWLEDGEMENT 4 I certify that the precise residence and address of the within-named Assignee is: Signature: A _ (Agent on behalf of Assignee BOOK 66 L PACE 79 aatr• no r t-ortcyivani-l I as 11:^ ^ifirn. irr the recording of Deals .. m: Rr1atV1 County, P. i ._._ da.t??Q?VoI. Pa +-• :rVr::. lily 11wid *:. raft of off e o AA t.:,rliearr. PA tills -? day or On September ttnd.199X before me, Marilyn Morran_ A Notary Public, personally appeared Site Denny. Vice President . Acet.njjne Mortva q„Corporation, personalty known to me to be the person whose name is subscribed to the within instrument and acknowledged to me shot site executed the santc in her authorized capacity, and that by her s.gnaturo on the instrument the person, or the entity upon behalf of which the person acted, executed the lost nttnenL _ EXHIBIT B PLAINTIFF'S AFFIDAVIT IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT STATE OF Pennsylvania COUNTY OF Montgomery ss. Sharif Banks, being duly sworn according to law, deposes and says: 1. I am employed in the capacity of Foreclosure Specialist of GMAC Mortgage Corporation, Plaintiff in the within matter. 2. In said capacity, I am familiar with the account that forms the basis of the instant foreclosure action and am authorized to give this Affidavit. 3. I am the custodian of records for the within matter. 4. All proper payments made by Defendants have been credited to Defendants' accounts. 5. Defendants' mortgage payments due June 1, 2001 and each month thereafter are due and unpaid. 6. The amounts due on the mortgage were correctly stated in the Complaint as follows: Principal Balance $111,511.52 Interest $12,567.96 May 1, 2001 through November 1, 2002 (Per Diem $22.91) Attorney's Fees $850.00 Cumulative Late Charges $546.72 May 4, 1998 to November 1, 2002 Cost of Suit and Title Search 550.00 Subtotal $126,026.20 Escrow Credit $0.00 Escrow Deficit $2,357.03 TOTAL $128,383.23 7. Mortgagors have failed to reinstate the account or offer any reasonable solution to cure the arrears on the past due mortgage payments. 8. Plaintiff provided mortgagor with a Notice of Intention to Foreclose Mortgage, but Defendants did not take the necessary affirmative steps to avoid foreclosure. 9. Plaintiff continues to suffer unjust financial losses as it pays the taxes and insurance on the property as they become due to avoid a tax upset sale and/or loss to its collateral, all of which accrues to the benefit of Defendants and to the severe detriment of Plaintiff. 10. Plaintiff properly accelerated its mortgage to protect its interests. SharifBanks Foreclosure Specialist GMAC Mortgage Corporation SWORN TO ANDS SCRIBED BEFORE ME THIS 5 DAY OF Februarv IIA003 Notarial Seal lesha T. Green, Notary public Horsham Twp., Montgomery County My Commission Expires Jan. 6, 2007 Member. Pennsybania Assoaadcm Of Notaries File Name and Number: Jackie and Tami Keck, Account No.: 306037652 EXHIBIT C FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 Plaintiff V. JACKIE A. KECK A/K/A JACK A. KECK TAMI G. KECK 602 EAST KELLER STREET MECHANICSBURG, PA 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE - vt ;?dl-eiiy tiErtit/ the CARLISLE, PA 17013 within to C?a, true and (717) 249-3166 :orrect copy of the -?rgina! filed of record Loan #:30607652 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 2. The name(s) and last known address(es) of the Defendant(s) are: JACKIE A. KECK A/K/A JACK A. KECK TAMI G. KECK 602 EAST KELLER STREET MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 5/4/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ACCUBANC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1450, Page 771. By Assignment of Mortgage recorded 1/22/99 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 601, Page 78. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 6/1/01 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance $111,511.52 Interest 12,600.50 511101 through 11/1/02 (Per Diem $22.91) Attorney's Fees 850.00 Cumulative Late Charges 546.72 5/4/98 to 11/1/02 Cost of Suit and Title. Search 550.00 Subtotal $126,058.74 Escrow Credit 0.00 Deficit 2.357.03 Subtotal $2,357.03 TOTAL $128,415.77 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c. 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiffs written Notice to Defendants; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $128,415.77, together with interest from 11/1/02 at the rate of $22.91 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDERMAN AND PHELAN, LLP By: /s/Francis S. Hallinan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL THAT CERAIN piece or parcel of land situate in the Borough of Mechanicsbt:rg. Cumberland Co., Pennsylvania, more particularly bounded anc described as follows. to wit: BEGINNING at a point on the Southern line of Keller Street (50 feet wide) said point be ng the dividing line between Lots Nos. 31 and 32. Section 'H', on the hereinafter mentioned Plan of Lots; thence Eastwardly along the Southern fine of Keller Street. a distance of 78.22 feet to Lot No. 33. Section H: th 3nce South 5 degrees 17 minutes East, a distance of 135.99 feet to a Lot l Jo. 13 on said Plan; thence along said Lot No. 13. South 88 degrees 3 minutes West a distance of 33.87 feet to a point; thence along Lot No. 12. South 74 degrees 25 minutes 30 seconds West a distance of 17.04 feet to _ot No. 31. Section H; thence North 18 degrees 55 minutes West, a distance of 131.83 feet to the Southern fine of Keller Street, the place of BEG'NNING. PREMISES ON 602 KELLER STREET VERIFICATION KRISTINE WILSON hereby states that she is FORECLOSURE SPECIALIST of GMAC MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: kh2 EXHIBIT D GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 2003 JANUARY 10 Plaintiff V. TERM NO. 02-5938 CIVIL JACKIE A. KECK A/K/A JACK A. KECK TAMI G. KECK 602 EAST KELLER STREET MECHANICSBURG, PA 17055 Defendants CUMBERLAND COUNTY CZ 7 C W ? rn ENTERING WRITTEN APPEARANCE WITH OUR DEFENSES AND OBJECTIONS TO THIS CIVIL ACTION-LAW COMPLAINT 9 MORTGAGE FORECLOUSURE NOTICE This document is being written to inform the necessary parties that we, The Keck's, dispute the notice of Mortgage Foreclosure. We make this claim for the reason that we are still in discrepancy with Pennsylvania Housing Finance Agency about our HEMAP loan which is in appeal as of December 23, 2002. We have been working with the Pennsylvania Housing Finance Agency since October 15, 2001. We do not want to lose our home so we will continue to try and resolve our differences with Pennsylvania Housing Finance Agency. Jack A. /Keck Tami G. Keck EXHIBIT E First Mortgage Loan Servicing 3451 Hammond Ave Wat Box 780 GA01AC M,ortgaga Waterloo, IA 50704-0780 Date: September 5, 2001 ACT 91 NOTICE T AKE ACTION TO SA VE YOUR HOME FROM FORECLOSURE sa This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: TAMI G. KECK 602 E KELLER STREET MECHANICSBURG, PA 17055 306037652 N/A GMAC Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meetine.The names. addresses and telenhnne mImhe,r nf dec;onarPd a which the urouerty is located are set forth at the end of this Notice It is only necessary to schedule one meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of you face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have fled bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender is on your property located at: 602 E KELLER STREET MECHANICSBURG, PA 17055 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: June 1, 2001 through September 1, 2001. See attached Exhibit for payment breakdown. Monthly Payments 3,949.44 Late Charges 96.48 NSF 0.00 Inspections 6.95 Other Suspense 0.00 TOTAL AMOUNT PAST DUE: 4,052.87 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS g 4,052.87 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent to: Payment Processing GMAC Mortgage Corporation PO Box 780 Waterloo, IA 50704-0780 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not applicable.) Not Applicable it xuu Du NUT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your morteaaed pMeft. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refer; your case to its attorneys, but you cure the delinquency before the lender be gins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually inccurr+ed, up to $50.00. However, if legal proceedings are started against against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If von care the defanlt within the THIRTY (30) DAYS period you wM not be required to pay attorney's fees OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. the THIRTY (30) DAY period and foreclosure p and prevent the sale at any time up to one hour t then past due, plus any late or other charges they foreclosure sale and arty other costs connected a performing_arry other requirements under the me notice will restore your mortgage to the same -- If you have not sued the default within wring your default in the manner set forth in this as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: GMAC Mortgage Corporation Address: 3451 Hammond Avenue Waterloo IA 50702 Phone Number: (800) 850-4622 Fax Number: (319) 236-7437 Contact Person: Collection Department EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your fumishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCLOSED June 1, 2001 ® 987.36 July 1, 2001 A 987.36 August 1, 2001 a 987.36 September 1, 2001 a 987.36 11/23/2002 08:31 FAX NORTGACE LOAN SERV 11 002 3451 Hammond Ave P.O. Box 780 Waterloo, IA 50704-0780 GMAC Mortgage Date: September 5, 2001 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your bome This Notice explains how the program works. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you Gnd a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA HOMEOWNER'S NAME(S): JACKIE A. KECK 602 E KELLER STREET PROPERTY ADDRESS: MECHANICSBURG, PA 17055 LOAN ACCT. NO.: 306037652 ORIGINAL LENDER: N/A CURRENT LENDER/SERVICER: GMAC Mortgage Corporation 11/23/02 SAT 09:11 [TX/RX NO 56951 1 002 11/23/2002 08:32 FAX MORTGAGE LOAN SERV IM 003 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE -ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a - "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date oft his meeting.The names addresses and televhone munbems of designated consumer credit counseling agencies for the county in which the vroverty is located are set forth at the and of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender "" mrr nediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your defaiilt) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeownees Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of you face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available fiords for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. Inuring that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. 11/23/02 SAT 09:11 [TX/RX NO 56951 Q 003 11/23/2002 08:32 FAX MORTGAGE LOAN SERV 11 004 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have Med bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender is on your property located at: 602 E KELLER STREET MECHANICSBURG, PA 17055 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: June 1, 2001 through September 1, 2001. See attached Exhibit for payment breakdown. Monthly Payments 3,949.44 Late Charges 96.48 NSF 0.00 Inspections 6.95 Other Suspense 0.00 TOTAL AMOUNT PAST DUE: 4,052.87 13. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 4,052.87 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Payment Processing GMAC Mortgage Corporation PO Box 780 Waterloo, IA 50704-0780 You can sue any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use ifnot applicable.) Not Applicable IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to aecelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If fill payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose moon your mortgaged provelft. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys. ,tit you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you care the default within the THIRTY (30) DAYS Period. you wid not be required to Pay attorney's fees 11/23/02 SAT 09:11 [TX/RX NO 56951 Q 004 11/23/2002 08:33 FAX MORTGAGE ]LOAN SERV Z 005 OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default Br requirements under the morteaee. Caring your default in the manner set your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: GMAC Mortgage Corporation Address: 3451 Hammond Avenue Waterloo IA 50702 Phone Number: (800) 850-4622 Fax Number: (319) 236-7437 Contact Person: Collection Department EFFECT OF SHERlff'S SALE -- You should realize that a Sheriff s Sale will and your ownership of the mortgaged property and your right to occupy it If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and you furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCLOSED 11/23/02 SAT 09:11 [TX/RX NO 56951 Q005 11/23/2002 08:33 FAX MORTGAGE ]LOAN SERV . June 1, 2001 ® 987.36 July 1, 2001 Q 987.36 August 1, 2001 ® 987.36 September 1, 2001 ® 987.36 Z 006 11/23/02 SAT 09:11 [TX/RX NO 56951 Q006 EXHIBIT F Feb-18-2003 05:21pm From- Housing Finance Agency T-014 P.001/001 F-994 Homeowners' Emergency Mortgage Assistance Loan Program PaymeWS= 2101 Norrh From Srreer, P_O. Box 15206 Harrisburg, PA 17105-5206 Correspondence: 2101 Nor,A Front Srreer, P.O. Box 15530 Harrisburg, PA 17105-5530 (717)780-39401-800-342-2397 ny?17)7801869 GMAC MORTGAGE 3451 HAMMOND AVE WATERLOO, IA. 50702 12/09/2002 SUBJECT: JACKIE KECK 602 E KELLER ST MECHANICSBURG, PA. 17055 Loan #: 306037652 SS#: 184-48-3079 Your application for a HOMEOWNER`S EMERGENCY MORTGAGE ASSISTANCE LOAN has been DENIED pursuant to Act 91 of 1983, 35 P_S. Section 1680.401-C et seq. and/or Agency Guidelines 12 PA Code Section 31.201 or seq. for the following reasons: DELETED IN LENDER'S COPY You may be entitled to an appeal hearing if you disagree with our decision. We must receive a written request for a hearing within 15 days of the postmark date of this letter- (Appeal requests must be in writing; a verbal request is not acceptable). The hearing may be conducted by a telephone conference call; therefore, you must include your telephone number. Requests for hearings must state the reason(s) hearing is requested and must be sent first class, registered or certified mail to: Chief Counsel - Hearing Request, PHFA/HEMAP, 2101 North Front Street, P_o. Box 15628, Harrisburg, Pennsylvania, 17105-5628. The Agency will attempt to schedule the hearing within thirty (30) days after the request is received. When sending your appeal, please be sure to print your name legibly and include your social security number. You have a right to be represented by an accorney in connection with your appeal. If you cannot afford an attorney you may be eligible for Legal Services representation. You can contact a Legal Services representative through the following toll free number: 1-800-732-3545. Please be aware that scheduling an appeal hearing does not necessarily stay foreclosure proceedings. DISCLOSURE OF USE OF INFORMATION OBTAINED FROM OUTSIDE SOURCE: Disclosure inapplicable- The Federal Equal Credit Opportunity Act against credit applicants on the basis o sex, marital status, age (provided that th a binding contract); because all or part i public assistance program; or because the right under the Consumer Credit Protection compliance with this law concerning this Equal Credit Opportunity, Washington, D.C. prohibits creditors from discriminating race, color, religion, national origin, a applicant has the capacity to enter into )f the applicant's income derives from any applicant has in good faith exercised any Act. The Federal Agency that administers creditor is the Federal Trade Commission, The Pennsylvania Housing Finance Agency Jenne R. Davey, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion for Summary Judgment and Brief are true and correct to the best of her knowledge, information, and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. " S o3 Date Je e R. Davey, Esquire Attorney for Plaintiff C) CD 0 C. c-3 -n c?i17 - FEDERMAN AND PHELAN, LLP BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 One Penn Center at Suburban Station 1617 J.F.K. Blvd. - Suite 1400 Philadelphia, PA 19103-1814 GMAC Mortgage Corporation 500 Enterprise Road Horsham, PA 19044 Plaintiff vs. Jackie A. Keck A/K/A Jack A. Keck Tami G. Keck 602 East Keller Street Mechanicsburg, PA 17055 Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY CCP NO. 02-5938 CERTIFICATION OF NO RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT On March 7, 2003, Plaintiff filed a Motion for Summary Judgment against Defendants, Jackie A. Keck A/K/A Jack A. Keck and Tami G. Keck. 2. On March 7, 2003, Plaintiff filed a Praecipe for Listing Case for Argument pursuant to Cumberland County. 3. Attorney for the Plaintiff hereby certifies that Plaintiff has not received a response or brief in opposition to the Motion for Summary Judgment. WHEREFORE, Plaintiff respectfully requests that this matter be directed to the Assigned Judge for grant of Plaintiff's Motion for Summary Judgment. 41 Date Respectfully submitted, Frank Federman, Esquire Attorney for Plaintiff C? ?_`, - `C7 ?' ? :? : ` -r te f .-. ,_ U1 ^_ . , ,. _ ?:_ ?- `_ ?' C` ? .. ^< C,3 °:S FEDERMAN AND PHELAN, LLP BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 One Penn Center at Suburban Station 1617 J.F.K. Blvd. - Suite 1400 Philadelphia PA 19103-1814 GMAC Mortgage Corporation 500 Enterprise Road Horsham, PA 19044 Plaintiff vs. Jackie A. Keck A/K/A Jack A. Keck Tami G. Keck 602 East Keller Street Mechanicsburg, PA 17055 Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY CCP NO. 02-5938 CERTIFICATE OF SERVICE I hereby certify a true and correct copy of the foregoing Plaintiff's Certification of No Response was sent via regular mail on counsel for Defendants on the date listed below: Jackie A. Keck A/K/A Jack A. Keck Tami G. Keck 602 East Keller Street Mechanicsburg, PA 17055 DATE: a G BY: Frank Federman, Esquire Attorney for Plaintiff ?-?' tai C?_ ...'?? i i ?1 ? ? _ _. '? _. ? ....r..` ' ?.. ??- -'? ? _ ? •, ??_ _ _ - ( ? , .; ,, ? ? ? c ?? .. _..; <?= _. `? FEDERMAN AND PHELAN, LLP - By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 CUMBERLAND COUNTY HORSHAM, PA 19044 COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. NO. 02-5938 JACKIE A. KECK A/K/A JACK A. KECK TAMI G. KECK Defendant(s). PRAECIPE FOR ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess Plaintiff's damages against JACKIE A. KECK A/K/A JACK A. KECK and TAMI G. KECK as follows: As set forth in Order Interest - 11/1/02 to 4/15/03 TOTAL $128,415.77 $ 3,803.06 $132,218.83 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICAT D. DATE: a2oca? -)?D - --1 PRO PROTHY FEDERMAN AND PHELAN, L.L.P. By: Jenne R. Davey, Esquire Identification No. 87077 One Penn Center at Suburban Station 1617 J.F.K. Blvd. - Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage Corporation 500 Enterprise Road, Suite 150 Horsham, PA 19044 Plaintiff VS. Jackie A. Keck a/k/a Jack A. Keck Tami G. Keck 602 East Keller Street Mechanicsburg, PA 17055 Defendant(s) ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No.: 02-5938 CONSENT JUDGMENT AND NOW, This / /day of 4dr /. , 2003 it is hereby agreed by and between, GMAC Mortgage Corporation (hereinafter "Plaintiff'), by and through its counsel, Jenine R. Davey, Esquire and Jackie A. Keck a/k/a Jack A. Keck and Tami G. Keck (hereinafter "Defendants") as follows: WHEREAS, Plaintiff is the holder of the Mortgage on the property located at 602 East Keller Street, Mechanicsburg, PA 17005 (hereinafter the "Property"); WHEREAS, Defendants are the mortgagors and owners of the Property; WHEREAS, the Mortgage is in default because monthly payments on the Mortgage due 6/1/01 and each month thereafter are due and unpaid; WHEREAS, by the terms of the Mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are due forthwith; WHEREAS, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendants on December 13, 2002; WHEREAS, Defendants filed an Answer to Plaintiffs on March 5, 2003; WHEREAS, Plaintiff filed its Motion for Summary Judgment on March 5, 2003; WHEREAS, the parties to this Consent Judgment are desirous of resolving the issues raised in the Complaint and therefore, Plaintiff and Defendants agree as follows: 1. An in rem judgment is entered in favor of Plaintiff and against Defendants Jackie A. Keck a/k/a Jack A. Keck and Tami G. Keck in the sum of $128,415.77 plus interest from 11 / 1/02 at the rate of $22.91 per diem and other costs and charges collectible under the Mortgage, for foreclosure and sale of the Property. 2. Defendants hereby withdraw their Answer to Plaintiffs Complaint. 3 Any future bankruptcy filing by Defendants shall not apply to Plaintiffs mortgage foreclosure action, and Defendants will stipulate to grant Plaintiff relief from the bankruptcy automatic stay upon Plaintiffs request. 4 In the event that, prior to a Sheriffs Sale, it is determined that Plaintiff has expended sums with regard to the Mortgaged Property, including but not limited to real estate taxes and insurance, then Defendants will stipulate with Plaintiff to the reassessment of damages in order to increase or decrease the judgment to reflect the expenditure made by Plaintifff. 5 Defendants will peacefully vacate the Mortgaged Property by the date of the Sheriffs Sale. 6 Defendants hereby release and forever discharge Plaintiff, its successors and assigns, predecessors, servicers, agents, employees, officers, directors, representatives, and attorneys from any and all claims, demands, damages, or liabilities whether now known or unknown arising out of or in any way connected to Plaintiffs servicing of Defendants' loan and the within foreclosure action. 7 The attorneys executing this Consent Judgment have done so only after having discussed the terms with their respective clients and having obtained their consent to be bound by the terms of this Consent Judgment. 8 This Consent Judgment may be executed in counterpart. Date: U63 \-. IM a uui(m F-M Je ee . Da vey, squire Ay for Plaintiff Date: *Y IS-1 O 3 . n- .4 /" J Oe A. Keck a/k/a Jack A. Keck, Pro Se Date: /S Tami G. Keck, Pro e /`?' ' V w ? y \? ~? r ?' \ 0 a ?_ `?k,r `? ? G. _ ?::;' t-". +-- c_. _- .r_ _ :?? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-5938 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION, Plaintiff (s) From JACKIE A. KECK, A/K/A JACK A. KECK AND TAMI G. KECK, 602 EAST YELLER STREET, MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $132,218.83 L.L. $.50 Interest FROM 4/16/03 TO 9/3/03 (PER DIEM - $21.73) - $3,063.93 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $132.90 Other Costs Plaintiff Paid Date: MAY 8, 2003 CURTIS R. LONG Prothonotary (Seal) BY Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 Plaintiff, v. JACKIE A. KECK A/K/A JACK A. KECK TAMI G. KECK Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-5938 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JACKIE A. KECK A/K/A JACK A. KECK is over 18 years of age and resides at, 602 EAST KELLER STREET, MECHANICSBURG, PA 17055. (c) that defendant TAMI G. KECK is over 18 years of age, and resides at, 602 EAST KELLER STREET, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff "- ?- -n _: _ L i ?._' ,?- (- - _ ?^ .. ?:7 --?: PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 GMAC MORTGAGE CORPORATION Plaintiff, V. No. 02-5938 JACKIE A. KECK A/K/A JACK A. KECK . TAMI G. KECK Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 4/16/03 to 9/3/03 (per diem -$21.73) TOTAL $132,218.83 $ 3,063.93 and Costs $135,282.76 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. d pr4 ~ O U p d? a ? O H ? O oW 0 ?x V ?. w pro ?, O O d O F w z W o OVO F U? O azs a E ? W c W U U ? ti a V E'r= CIA ' ? rJ a V) ry tn kn 0 0 dd as as as as rA CIO U U xx VV W W W W W W as CA as W o O ww ? N N a ccd ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechancisburg, Cumberland Co., Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Southern line of Keller Street (50 feet wide) said point being the dividing line between Lots Nos. 31 and 32, Section "H," on the hereinafter mentioned Plan of Lots; thence Eastwardly along the Southern line of Keller Street, a distance of 18.22 feet to Lot No. 33, Section H; thence South 5 degrees 17 minutes East, a distance of 135.99 feet to a Lot No. 13 on said Plan; thence along said Lot No. 13; South 88 degrees 3 minutes West a distance of 33.87 feet to a point; thence along Lot No. 12, South 74 degrees 25 minutes 30 seconds West a distance of 17.04 feet to Lot No. 31, Section H; thence North 18 degrees 55 minutes West, a distance of 131.83 feet to the Southern line of Keller Street, the place of BEGINNING. BEING Lot No. 32, Section H in the Plan of Blackburn Village, as recorded in the Cumberland Co. Recorder's Office in Plan; Book 7, Page 7. HAVING THEREON ERECTED a single frame dwelling house known as No. 602 East Keller Street, Mechanicsburg, Pennsylvania. t 70 55 _ TAX PARCEL # 17-23-0563-075 TITLE TO SAID PREMISES IS VESTED IN Jackie A. Keck and Tami G. Keck, his wife by Deed from Mark P. Widoff and Janet C. Widoff, his wife, dated 4/30/1998 and recorded 5/4/1998 in Deed Book 176, Page 598. FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION . CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION JACKIE A. KECK A/K/A JACK A. KECK TAMI G. KECK NO. 02-5938 Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff GMAC MORTGAGE CORPORATION Plaintiff, V. JACKIE A. KECK A/K/A JACK A. KECK . TAMI G. KECK Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-5938 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,602 EAST KELLER STREET, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JACKIE A. KECK A/K/A JACK A. KECK TAMI G. KECK 602 EAST KELLER STREET MECHANICSBURG, PA 17055 602 EAST KELLER STREET MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITY LENDING SERVICES, AN LPO OF CITY NATIONAL BANK OF WEST 17782 SKYPARK CIRCLE VIRGINIA, A NATIONAL BANKING IRVINE, CA 92614 ASSOCIATION 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 602 EAST KELLER STREET MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. May 7, 2003 DATE F'4 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff GMAC MORTGAGE CORPORATION Plaintiff, V. JACKIE A. KECK A/K/A JACK A. KECK TAMI G. KECK Defendant(s). CUMBERLAND COUNTY No. 02-5938 May 7, 2003 TO: JACKIE A. KECK A/K/A JACK A. KECK 602 EAST KELLER STREET MECHANICSBURG, PA 17055 TAMI G. KECK 602 EAST KELLER STREET MECHANICSBURG, PA 17055 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATPEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 602 EAST KELLER STREET, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on 9/3/03 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $132,218.83 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechancisburg, Cumberland Co., Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Southern line of Keller Street (50 feet wide) said point being the dividing line between Lots Nos. 31 and 32, Section "H," on the hereinafter mentioned Plan of Lots; thence Eastwardly along the Southern line of Keller Street, a distance of 78.22 feet to Lot ' No. 33, Section H; thence South 5 degrees 17 minutes East, a distance of 135.99 feet to a Lot No. 13 on said Plan; thence along said Lot No. 13; South 88 degrees 3 minutes West a distance of " 33.87 feet to a point; thence along Lot No. 12, South 74 degrees 25 minutes 30 seconds West a distance of 17.04 feet to Lot No. 31, Section H; thence North 18 degrees 55 minutes West, a distance of 131.83 feet to the Southern line of Keller Street, the place of BEGINNING. BEING Lot No. 32, Section H in the Plan of Blackburn Village, as recorded in the Cumberland Co. Recorder's Office in Plan Book 7, Page 7. HAVING THEREON ERECTED a single frame dwelling house known as No. 602 East Keller Street, Mechanicsburg, Pennsylvania. 17-c SS TAX PARCEL # 17-23-0563-075?- TITLE TO SAID PREMISES IS VESTED IN Jackie A. Keck and Tami G. Keck, his wife by Deed from Mark P. Widoff and Janet C. Widoff, his wife, dated 4/30/1998 and recorded 5/4/1998 in Deed Book 176, Page 598. FEDERMAN AND PHELAN, LLP BY: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage Corporation Plaintiff V. Jackie A. Keck A/ K/ A Jack A. Keck Tami G. Keck Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County : No. 02-5938 PRAECIPE TO THE PROTHONOTARY: Please withdraw the Motion for Summary judgment which was filed on or about March 7, 2003 with respect to the above referenced case. Date: 5- h 103 Frank Federman Attorney for Plaintiff (-? G n'? rl ?°. ;?. ...,- ('1-t i ' - x -r _. -.'' '- ? - U' - <_, _t_ -?? ?' ?_ • - . ? ?3 ?_ AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF GMAC MORTGAGE CORPORATION No. 02-5938 DEFENDANT(S) JACKIE A. KECK A/K/A JACK A. KECK ACCT. #30607652 TAMI G. KECK Type of Action SERVE TAMI G. KECK AT - Notice of Sheriffs Sale 602 EAST KELLER STREET MECHANICSBURG, PA 17055 Sale Date: 9/3/03 SERVED Served and made known to TA ra t ?- G CK Defendant, on the V- day of /y" A'' , 2003, at 953 o'cloc1A .m., at ozi /GL /.iit(Z Sl f ? t1/ 6)f b Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. _ _?Adult family member with whom Defendant(s) reside(s). Relationship is P)4UbkTt4- Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: /a ?? '/ Description: Age 10 Heights h Weight /? t) Race 1/' Sex F Other I, G/en h f G ?G'J a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and a the, dr•pgs indirated above NotaM Sea' i Sworn to and subsc 'bed IJrrtiaJ. Junper, Notary Pub c before me this day C afte eoro, Cumberland County M! Corm4ssbn Expires J 23, of 2003. Marrbar, PonrgylvAria Notary: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOTSERVED On the day of , 200, at o'clock _.m., Defendant NOT FOUND because: _^ Mmed Unknown _ No Answer Vacant 1st Attempt: Time: 2nd Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 200-. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 C r..? z ? v is ! c? - -r, ? T ?T ? l I i-. , r1 ' u Gr' ' ..rl. y ` C ?` L `^ PI ; , . AFFIDAVIT OF SERVICE PLAINTIFF GMAC MORTGAGE CORPORATION DEFENDANT(S) JACKIE A. KECK A/K/A JACK A. KECK TAMI G. KECK SERVE JACKIE A. KECK A/K/A JACK A. KECK AT 602 EAST KELLER STREET MECHANICSBURG, PA 17055 CUMBERLAND COUNTY KMD No. 02-5938 ACCT. #30607652 Type of Action - Notice of Sheriffs Sale Sale Date: 9/3/03 SERVED Served and made known to ?AGK t? F OK Defendant, on the day of 9"-7 , 20Q3, at So o'clock A. in., at EL(?C?t ST• (tifCNdNkS4ll/l¢Gt?/1 (7dsJ Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. _Cr?.Adult family member with whom Defendant(s) reside(s). Relationship is '? A b 6! tZ. Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age _N_ Height 1~ Weight La Race W Sex r Other 1 G l6(ilk o"(6 i , a competent adult, being duly swom according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscrib d ry PL ,? land County before me this Z2L ay J =kwtw al 2005 OM, uly of 200,x. ,PW9=WA nla Notary:" By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOTSERVED On the __- day of 200_, at o'clock _.m, Defendant NOT FOUND because: -Moved -Unknown _ No Answer Vacant Is` Attempt: Time: Zed Attempt: Time: 3rd Attempt: / _.L _Time: Sworn to and subscribed before me this day of 200 Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 f. ? S' i _?o TF _ f F .? C : m L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 5M-AC MORTGAGE CORPORATION ) CIVIL ACTION vs. JACKIE A. KECK A/K/A JACK A. I) CIVIL DIVISION KECK TAMI G. KEr'Tr ) NO. 02-5938 TAMI AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) S5: COUNTY OF CUMBERLAND ) I, FRANK FEDERMAN, ESQUIRE attorney for GMAC MORTGAGE CORPORATION hereby verify that on May 8.2003 true and correct copies of the Notice of Sheriff s sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: July 31 2003 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ^ ? Tn A w N '+ O h 6 y a 9 T N U m ° a a C) .71 ? r . o x ro cn 0 O w l01 a o-?-] N $ g }4 ? S' ? a J?J . yy.yy `y°A Sy, L ? \l qp y? C N ? H i°- ?1 ?"? 1 >? p p n ? 'p p " o O m ? f QQ f ,? p G. G. E O l ? 'p M cn y n R i'j 6 ? 1•d ?S] n$?6g a ?.E9 b 6 ? w O 9 G ? somas II. p 9 y PQ ? d 53 y. Y? ST•P ?PtfS ?a CF o ° R R 5 s?sg gg q p i Ci?Eel k EY BOSYE 07 S • Z 41TN 2 $ 01 ? o ?'- ' 2 . 02 to . 0004300377 MAY 08 m 5 R 9 t MAILED FROM ZIF CODE 1' N I - 0 m z Ci7? ? 6 o N ?r o 6 z 3 IT, a 4 y ?a a ?a? ag N aye LY ?? b w !`'1 rn ?G war" A < P r 5 ? ? ro 0 0 ,. ? a CC 1 -.;n .J _j ' b 4 ? Sj -G to -{ ?a- 5q3? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which GMAC Mtg Coro is the grantee the same having been sold to said grantee on the 3rd day of Sept A.D., 2003, under and by virtue of a writ Execution issued on the 8th day of may, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 5938, at the suit of GMAC Mtg Corp against Jackie A Keck aka Jack A & Tamie G is duly recorded in Sheriff's Deed Book No. 259, Page 3347. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 3n4L day of to j;t -erg- , A.D. 2003 U ., Recorder of Deeds Recorder of Deeds, Cumberhr4 County, Cerpsfe> PA My commission Expires the First Monday of Jan. 20M GMAC Mortgage Corporation In The Court of Common Pleas of VS Cumberland County, Pennsylvania Jackie A. Keck a/k/a Jack A. Writ No. 2002-5938 Civil Term And Tami G. Keck Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on June 5, 2003 at 8:33 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Jackie A. Keck a/k/a Jack A. Keck, by making known unto Jack Keck, personally, at 602 East Keller Street, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on June 5, 2003 at 8:33 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Tami G. Keck, by making known unto Jack Keck, husband of defendant, at 602 East Keller Street, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on July 9, 2003 at 10:02 o'clock A.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jackie A. Keck a/k/a Jack A. Keck and Tami G. Keck located at 602 East Keller Street, Mechanicburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Jackie A. Keck a/k/a Jack A. Keck, by regular mail to his last known address of 602 E. Keller Street, Mechanicsburg, PA 17055. This letter was mailed under the date of July 3, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Tami G. Keck, by regular mail to her last known address of 602 East Keller Street, Mechanicsburg, PA 17055. This letter was mailed under the date of July 3, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 3, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for GMAC Mortgage Corporation. It being the highest bid and best price received for the same, GMAC Mortgage Corporation of 500 Enterprise Road, Suite 150, Horsham, PA 19044, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $775.52. Sheriffs Costs: Docketing $30.00 Poundage 15.21 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 15.18 Levy 15.00 Surcharge 30.00 Law Journal 270.05 Patriot News 235.18 Share of Bills 28.90 Distribution of Proceeds 25.00 Sheriff s Deed 39.50 $ 775.52 Sworn and subscribed to before me So Ans This k ?-' day of -? R. Thomas Kline, Sheriff 2003, A.D. Prothonotary B Real Estat eputy `rb ,C?czi. I? S?t7! WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-5938 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION, Plaintiff (s) From JACKIE A. KECK, A/K/A JACK A. KECK AND TAMI G. KECK, 602 EAST YELLER STREET, MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $132,218.83 L.L. $30 Interest FROM 4/16/03 TO 9/3/03 (PER DIEM - $21.73) - $3,063.93 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $132.90 Other Costs Plaintiff Paid Date: MAY 8, 2003 CURTIS R. LONG jthonota (Seal) Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 Real Estate Sale # 24 On May 15, 2003 the sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA known and numbered as 602 East Keller Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 15, 2003 By: Jdcw s" Real Estate Deputy D? THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of July and the 5th day(s) of August 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION :.. r ,!`... =ay COPY Sworn o d subscribere m13to??ys?i'L3 A. D. S A L E #24 Notarial Seal REAL ESTATE SALE No. 24 Terry L. Russell, Notary P tyOfHamsburg Da AY PUBLIC Writ No. 2002-5938 Civil Term C NOT MY COr"ssion Expires Jun 6 GMAC Morta e Corporation 9 e , 2006 Penns My commission expires June 6, 2006 ylvania Association Of ?1 s Otaries Jackie A. Keck a/k/a Jack A. Keck andTaml G. Keck CUMBERLAND COUNTY SHERIFFS OFFICE Atty,: F? P n CUMBERLAND COUNTY COURTHOUSE RI 7N ALL THAT CERTAIN piece or parcel of land CARLISLE, PA. 17013 situate in the Borough of Mechanicsburg, Cumberland Co., Pennsylvania, more particularly bounded and described as follows, to wit: Statement of Advertising Costs BEGINNING at a point on the Southern line of Keller Street (50 feet wide) said point being the To THE PATRIOT-NEWS CO., Dr. dividing line be?veen Lots Nos. 31 and 32, " " For publishing the notice or publication attached , on the hereinafter mentioned Plan of Section H Lots; thence Eastwardly along the Southern line hereto on the above stated dates $ 233.43 of Keller Street, a distance of 78.22 feet to Lot Probating same Notary Fee(s) $ 1 .75 No. 33, Section H; thence South 5 degrees 17 minutes East, a distance of 135.99 feet to a Lot Total $ 235.18 No. 13 on said Plan; thence along said Lot No. 13, South 88 degrees 3 minutes West a distance of 33.87 feet a point; thence along Lot No. 12, South 14 degrees 25 minutes 30 seconds West t a a publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. distance of 17.04 feet to Lot No. 31, Section H; thence North 18 degrees 55 minutes West, a By .................................................................... distance of 131.83 feet to the Southern line of Keller Street, the place of BEGINNING. BEING Lot No. 32, Section H in the Plan of Blackburn Village, as recorded in the Cumberland Co. Recorder's Office in Plan Book 7, Page 7. HAVING THEREON ERECTED a single frame dwelling house anown as No. 602 East Keller Street, Mechanicsburg, PA 17055. TAX PARCEL NO.: 17-23-0563-075. TITLE TO SAID premises is vested in Jackie A. Keck and Tami G. Keck, his wife, by Deed from Mark P. Widoff and Janet C. Widoff, his wife, dated 4/30/1998 and recorded 5/4/1998 in Deed Book 176, Page 598. 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 : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 18, 25, 2003 AUGUST 1, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 24 Writ No. 2002-5938 Civil GMAC Mortgage Corporation vs. Jackie A. Keck, a/k/a Jack A. Keck and Tami G. Keck Atty.: Frank Federman ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechancisburg, Cumberland Co., Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Southern line of Keller Street (50 feet wide) said point being the di- viding line between Lots Nos. 31 and 32, Section "H," on the herein- after mentioned Plan of Lots; thence Eastwardly along the Southern line of Keller Street, a distance of 78.22 feet to Lot No. 33, Section H; thence South 5 degrees 17 minutes East, a distance of 135.99 feet to a Lot l Editor WRN TO AND SUBSCRIBED before me this 1 day of AUGUST, 2003 /LeOIS E. c NnER, M !, ?\ailna:(y{'r`.s,,$k3s1'.fl,:n 16 M?iS16r EXP41% ?lI - No. 13 on said Plan; thence along said Lot No. 13. South 88 degrees 3 minutes West a distance of 33.87 feet to a point: thence along Lot No. 12, South 74 degrees 25 minutes 30 seconds West a distance of 17- .04 feet to Lot No. 31, Section H; thence North 18 degrees 55 min- utes West, a distance of 131.83 feet to the Southern line of Keller Street, the place of BEGINNING. BEING Lot No. 32, Section H in the Plan of Blackburn Village, as recorded in the Cumberland Co. Recorder's Office in Plan Book 7, Page 7. HAVING THEREON ERECTED a single frame dwelling house known as No. 602 East Keller Street, Me- chanicsburg, Pennsylvania 17055. TAX PARCEL # 17-23-0563-075. TITLE TO SAID PREMISES IS VESTED IN Jackie A. Keck and Tami G. Keck, his wife by Deed from Mark P. Widoff and Janet C. Widoff, his wife, dated 4/30/1998 and re- corded 5/4/1998 in Deed Book 176, Page 598. V' V 1