Loading...
HomeMy WebLinkAbout03-0457 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, STE. 150 HORSHAM, PA 19044 ATTORNEYFORPLAlNT~F COURT OF COMMON PLEAS CNIL DNISION TERM Plaintiff v. NO. 03 -4~1 C;()~L'T~ SHANNON B. HUMES 112 HIGH STREET ENOLA, P A 17025 CUMBERLAND COUNTY 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. ~ 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 #: 306770164 BJP 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. 1. Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, STE. 150 HORSHAM, PA 19044 2. The name(s) and last known addressees) of the Defendant(s) are: SHANNON B. HUMES 112 HIGH STREET ENOLA, P A 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 8/12/99 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to HUNTINGTON MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1563, Page 1110. By Assignment of Mortgage recorded 3/20/00 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 640, Page 639. 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 09/01/2002 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 08/01/2002 through 01/29/2003 (Per Diem $14.04) Attorney's Fees Cumulative Late Charges 08/12/1999 to 01/01/2003 Cost of Suit and Title Search Subtotal $65,094.81 2,555.28 1,250.00 99.28 $ 550.00 $ 69,549.37 Escrow Credit Deficit Subtotal TOTAL 0.00 105.61 $ 105.61 $ 69,654.98 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. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in ~ Judgment against the Defendant(s) in the sum of $ 69,654.98, together with interest from 01/29/2003 at the rate of$14.04 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. NANDii~ By: 7sIFrancis S. Hallinan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff All that certain lot ofland situate in the Township of East Pennsboro, County of Cumberland and State of P;:nnsylvania, more particularly bounded and described as follows, to wit: BEGlNNlNG at a point on the eastern line of High Street 54 feet measured southwardly along the eastern line of High Street from the southeast comer of High Street and Highland Avenue; thence North 73 degrees East along a line at right angles with High Street 90 feet to Anderson Alley; thence south 17 degrees East along the western line of Anderson Alley 60 feet to an iron pin; thence South 73 degrees West along a line at right angles with High Street 90 feet to High Street; thence North 17 degrees West along the eastern line of High Street 60 feet to the point or place of BEGINNING. BEING known and numbered as 112 High Street, Enola, Pennsylvania. BElNG the same premises which Howard D. Peterman and Carol Ann Peterman, husband and wife, granted and conveyed to Shannon B. Humes, single person, Borrower herein. VERIFICA nON FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. c. S. Sec. 4904 relating to unsworn falsification to authorities. .q-~ S~ .IW-~ Francis S. Hallinan, Esquire Attorney for Plaintiff DATEj -"2 9-() 3 (:j '6s.. Nr?;~ fi: if- ~ - 9,j 0 Lv ~ ~~F! ~ C) C !~ c- L...... -0.. !T- ::::;; :.: L~) -/ (=--, ~~! . ':~ ' ::...~.. l- , ?; i~~ ~ '-, € ,-\"1 SHERIFF'S RETURN - REGULAR CASE NO: 2003-00457 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS HUMES SHANNON B JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HUMES SHANNON B the DEFENDANT , at 1430:00 HOURS, on the 5th day of February, 2003 at 112 HIGH STREET ENOLA, PA 17025 by handing to TONY TAYLOR, BOYFRIEND ADULT IN CHARGE 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 Service Affidavit Surcharge So Answers: 18.00 10.35 .00 10.00 .00 38.35 ~~~~~,f'" .~ R. Thomas Kllne ~ 02/06/2003 FEDERMAN & PHELAN Sworn and Subscribed to before By: aA me thi s 1 t::::- day of ~ ~3 A.D. Ck~{J~~ rothonotary , FEDERMAN AND PHELAN, LLP - By: FRANKFEDERMAN 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, STE. 150 HOSHAM, P A 19044 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 03-457 SHANNON B. HUMES Defendant( s). PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor ofthe Plaintiff and against SHANNON B. HUMES, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 1/30/03 to 3/11/03 TOTAL $69,654.98 $575.64 $70,230.62 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. ~~l~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. ~ DATE: (Y)~/Jr"... /1 ;t~ e1-4~~)~ . I PRO PROTHY ~ L.J J.. r rVU'H~. r J:.lJJ::.KlV1Al\l, J::.;::'~Ul.l(b Identification No. 12248 )617 John F. Kennedy Boulevard Suite 1400 Philadelphia, P A 19103-1814 C' 1 ~) ~o1- 7000 GMAC MORTGAGE CORPORATION AITOmey ror J:"lamnII COURT OF COMMON PLEAS Plaintiff vs. CIVIL DIVISION SHANNON B. HUMES CUMBERLAND COUNTY Defendant(s) NO. 03 -457 TO: SHANNON B. HUMES 112 HIGH STREET ENOLA, PA 17025 flLf COP}' THIS FIRM IS A OEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can gee legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOClA TION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 DATE OF NOTICE: FEBRUARY 26. 2003 ~~ff4kfeLl/J1 Attorney for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2003-00457 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS HUMES SHANNON B JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HUMES SHANNON B the DEFENDANT , at 1430:00 HOURS, on the 5th day of February, 2003 at 112 HIGH STREET ENOLA, PA 17025 by handing to TONY TAYLOR, BOYFRIEND ADULT IN CHARGE 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 Service Affidavit Surcharge So Answers: 18.00 10.35 .00 10.00 .00 38.35 .-r~r; ,.:f';;~:J ~.",.. .cIl~~~::;~._-<:. .::''":~':'~:'.,._".,~<;. ,.~./-?, .,.:;'-.J,..r::::;"--;, ....."_.~;,..~..~l R. Thomas Kline 02/06/2003 FEDERMAN & PHELAN Sworn and Subscribed to before By: ~ me this day.of A.D. Prothonotary ~~~; f;:;~D 3~~p:J (V ..() ,t ~~ 92~ ir ~~" .,.:':'::... ;..~ (") C) c: i.e. ~.,' " :::-:N "1 r.- ._::l -< FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, STE. 150 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 03-457 SHANNON B. HUMES Defendant( s). VERIFICATION OF NON-MILITARY SERVICE FRANK. FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that on information and belief, he has knowledge ofthe following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service ofthe 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 SHANNON B. HUMES is over 18 years of age and resides at, 112 HIGH STREET, ENOLA, P A 17025 . This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~Ak ~J~ FRANK. FEDERMAN, ESQUIRE Attorney for Plaintiff (~ _ J C ;:p ~. -;'0-" Z_i,. (0 ~i.__ ~~ 5> ~ ) - ,- (J1 G'" l'O\l.f.C"os~) C\l'{\0~ - ~o~'fG'" ""o~ ~ 0" "'~ Cl' 3\\\\)-3\\\3 l'~C\l''' l'.~ ' ' CO\U'O~'{\O~ G"'1l "'IC"N\O\l1'G~G"E ...!.~ r\.'''~ y\\\\1\l.\V' ~o. \)3~A51 ~. s~o~\l'~S llefe1\d\\1\tls). 01' ~ 01'l'\C1'. 01' ~ 1'~0'U\0~0't Jo,R"', 'to ~ 1'u$C'tO)l. . abo~e ro.atte!'. _drtt ot e~ecution In tbe \sSUe V'I P S'10,'230.6'2 S'2,03 \ .04 anu Costs p.snou.nt Due 3/\'2103 to 9/3103 \11te!est {roro. 4 ~e! uiero. ~S\ \.5 ~ 1:01: p...\.. S'1'2,'26\.66 ~p...~ bSQUlRb 1'~ 1'1'.1'1'. s ~""''''' Station one yenn center at ~ BOule'llll'U, suit' \6\'110b1\~'~:~9\03~\~\4 y\l1\aue\llb1a, . tt p...tto-rne'j to! y\aint1 . c t01'lert'j~o. 4-t eb uescnlltlOn ol.ll 't' ~ote'. y\eaSe a;\. ~ ~$ ;g ~! s ~ s ..... ~~ z ~~ ;; ;; "' ?:f ~ i;;) ~ f3 u & ~te ~ ~ ~i:' ~ '8 :t ~"' ~~ 8~ u :::: ~~ ~"' G 0'(:7 i ~~ ~ ~. ~e t;IJ t C7.l S ~r2 ..0 00 J ~ ~ ~U :rt ~ g$ ~ ~ ~~ & s ~ ~ 8 ~~ $ C7.l ~ ~ ~ ~~ ~~ ~ Q. U ..... ~ s~ i c ..... C7.l ~~ i ~ ~ c -g' t;IJ -"';u ~ ...... :g ~ ~ '- <I )..., J - "" i ~~ JI ~-::: ;r ~~ J ~ " '~ ... \, ... J 't/J~ " " .. " Q .. ... .. J ... , , I cjJ'f ~~ 8~ / I J ~~8o l;~. . . ~ Jd ~ ~ ~~qO't) ~ ~ ~ ~: ~-:;{ -.J c:J C:Jr.::t ~ AU that certain lot of land situate in the Township of East Pennsborot County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern line of High Street 54 feet measured southwardly along the eastern line of High Street from the southeast corner of High Street and Highland Avenue; thence North 73 degrees East along a line at right ~Dgl~. w.!..th.__~~gb S~ree~~!e"~~to ~l!cte_rsol! ~)~Y;.:!!-e?~'~2.d~gt.~~~t~_ iJong the western Hne of Anderson Alley 60 feet to an U'on pin; thence South 73 degrees West along a line at right angles with High Street 90 feet to High Street; thence North 17 deeree5 West along the eastern line of High Street 60 feet to the point or place of BEGINNING. BEING KNOWN AS 112 HIGH STREET ENOLA, P A 17025. TAX PARCEL # 09-15-1291-151 TITLE TO SAID PREMISES IS VESTED IN Shannon B. Humes, single person by Deed from Howard D. Peterman and Carol Ann Peterman, husband and wife dated 8/12/1999 and recorded 8/13/1999 in Deed Book 205, Page 886. ~- .- r WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 03-457 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION, Plaintiff (s) From SHANNON B. HUMES, 112 HIGH STREET, ENOLA, PA 17025 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the 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) Ifproperty 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 $70,230.62 L.L. $.50 Interest FROM 3/12/03 TO 9/3/03 (PER DIEM - $11.54) - $2,031.04 AND COSTS Atty's Corom % Due Prothy $1.00 Atty Paid $120.35 Other Costs Plaintiff Paid Date: MARCH 11, 2003 CURTIS R. LONG (Seal) Prothonotary ~y: 4AD?t.,L-P ~rJ)A.,,"c.r- 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., SillTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION SHANNON B. HUMES NO. 03-457 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: o 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. ~r;;I~ FEDERMAN, ESQUIRE Attorney for Plaintiff -:J i-I Cl,if. ~;-' ~? ~.. .,.J.-'"::' (") C ;::;,." (Jl GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS SHANNON B. HUMES CIVIL DMSION Defendant(s). NO. 03-457 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) GMAC MORTGAGE CORPORATION, Plaintiffin the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .112 HIGH STREET. ENOLA. PA 17025 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SHANNON B. HUMES 112 HIGH STREET ENOLA, PA 17025 2. Name and address ofDefendant(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) CONSECO FINANCE CONSUMER DISCOUNT COMPANY 7360 SKYRENE ROAD TEMPE, AZ 85282 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) CONSECO FINANCE CONSUMER DISCOUNT COMPANY 332 MINNESOTA STREET #610 SAINT PAUL, MN 55101 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 Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare DRYDEN J. LIDDLE, SEQ. CFC DEBTOR'S COUNSEL, KIRKLAND & ELLIS DOMINIC BAGLIO AND SHANNON SCHAEFER, CONSECO HOME EQUITY AND HOME IMPROVEMENT DIVISIONS BRIAN F. COREY, ESQ., GENERAL COUNSEL, CONSECO FINANCE CORP. BECKER & POLIAKOSS, P.A. COUNSEL TO THE OFFICIAL CFC UNSECURED CREDITORS' COMMITTEE Last Known Address (if address cannot be reasonably ascertained, please indicate) 112 HIGH STREET ENOLA, PA 17025 13 North Hanover Street Carlisle, P A 17013 PO Box 2675 Harrisburg, P A 171 05 CITIGROUP CENTER 153 EAST 53RD STREET NEW YORK, NY 10022 7360 SOUTH KYRENE ROAD TEMPE, AZ 85283 1100 LANDMARK TOWERS 345 ST. PETER STREET ST. PAUL, MN 55102 311 STERLING ROAD FORT LAUDERDALE, FL 33312-6566 ATTN: IVAN J. REICH 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 6. 2003 DATE ~<~jr: ~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff o c-: <- -;:: 1- ~~~,,,' ~-'. ~} r< ; ~~'~ ~: )> (Ji _!..~ GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 03-457 SHANNON B. HUMES Defendant(s). March 5, 2003 TO: SHANNON B. HUMES 112 HIGH STREET ENOLA, PA 17025 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at .112 HIGH STREET. ENOLA. PA 17025. 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 $70.230.62 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe 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 ofthe 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, P A 17013 (717) 249-3166 (800) 990-9108 AU that certain lot of land situate in the Township of East Pennsborot County of Cumberland and State of Pennsylvani~ more particularly bounded and described as followst to wit: BEGINNING at a point on the eastern line oflfigh Street 54 feet measured southwardly along the eastern line of High Street from the southeast corner of High Street and Highland Avenue; thence North 73 degrees East along a line at right ~DgI~_ ~h.-~~h S~reet..?~Je,eJJo ~~d.!:"ol! ~~JI~y;~e?~.~.z..d~;:@.J3;ast~_ Blong the western line of Anderson AUey 60 feet to an Iron pin; thence South 73 degrees West along a liue at right angles with High Street 90 feet to High Street; thence North 17 degrees West along the eastern line of High Street 60 feet to the point or place of BEGINNING. BEING KNOWN AS 112 HIGH STREET ENOLA, PA 17025. TAX PARCEL # 09-15-1291-151 TITLE TO SAID PREMISES IS VESTED IN Shannon B. Humes, single person by Deed from Howard D. Peterman and Carol Ann Peterman, husband and wife dated 8/12/1999 and recorded 8/13/1999 in Deed Book 205, Page 886. ~- , " , -;:''''t- n:' ;'7 : ~~~. c.= ~~: r, ~::o ( ,,",.., f" n c:- ---..::, ;. ~,~ -~:;." Ul AFFIDAVIT OF SERVICE 'PLAI~TIFF GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY KMD No. 03-457 DEFENDANT(S) SERVE SHANNON B. HUMES AT 112 ffiGH STREET ENOLA, P A 17025 SHANNON B. HUMES ACCT. #306770164 Type of Action - Notice of Sheriff's Sale Sale Date: 9/3/03 SERVED Served and made known to 5iatJlJotJ '6. ~\)\ME'S ,Defendant, on the ;<~ tJ. dayof M~ftc~ ,200~ at 7;(J~ ,o'c1ockfm,at J J A A,,~ sf. ~J.Job ,Commonwealth of Pennsylvania, in the manner described below: )( Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: I /I ) \. Description: Age 3,6 Height 5" G Weight m Race J&.I.. Sex L Other () tv::> v.a.; f\- I, C\...,.."'C ~ \.." G.. ~1 ~, 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 Sheriff s Sale in the manner as set forth herein, issue . . the address indicated above. NOTARIAL SEAL EUZABETH M. JOHANSSON, Nolary PubIc Greene l'\vp, FlBllklIn CoIIIly Commission ExpIres Dee. 19. 2005 F SERVICE ATTEMPTED. NOT SERVED Sworn to and subscribed before me this _ day of , 200 _. Notary: By: Attornev for Plaintiff Frank Federman, Esquire - 1.0. No. 12248 () c: <: .....'i",., d'li'{, Z~.- 0i}, r:::., ~t /:.. =2 C L..) o '.,'j >:.:::: ;== -, . eo.: :,c 0') ~~ (~; '-r, ~" i (') ',;n'''', :=::\ )> :D -< -0 N ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA GMAC MORTGAGE CORPORATION ) CNIL ACTION ) vs. SHANNON B. HUMES ) CIVIL DIVISION ) NO. 03-457 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for GMAC MORTGAGE CORPORATION hereby verify that on March 11.2003 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: August L 2003 1MH111uJJ1 JJ1(/)/) FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff J:!;i g" t: g - ~ ~ ~ ~ ~ ~ " "z V> ... W N ~ 0 '" 00 --J '" 0 _.c V> ... w N ~ "3 o or o.~ ~s;, en il. * .z> * . c " ~ * : g. ~ * . ~ 0 W~ ~ c' I>;~.., w(") o " i;J(") ?f _. - :;':~I>; tso ~ z ~ .-- - ON:;,: ",0 3 0.0 , i-\ ~~ =>:;,: 0 ~ 3 ....~.. I"'$~ -or ~ \ "'''' 0 ~ !>I;'l ~8 ~ ,,0 , > o " ..=:~ :;,:(") 0. ~ 0 ~ .~ " -~ 0. 0" .',,, ; ~ >",0 1>;0 ~ Sg \ -~(") "'::1 :~ ~ n 0 I' . --J (") 0:;,: 0 o ~ ~ Sa ,0 i , SI>;;g ~~ en I, I v> "''''~ if ~ "'(") 0(") ,~ ~~ ~I>; ~ .., 0. ~ . (") .. 1>;0 [;j0 g "':;': ~'" ~~ 0 S ~~ ~~. n "':;- 0 . I>; . I>; 6: .g ~ "'~ ~~ $'l 0. ~S oo~ ~ !~& ",- ~ ..,,,, N'" '" .,,(") 00(") ~ >0 NO 1 ~~ ~ 0 . .., .., 0 ~(") (") ~ ~ :;':0 0 0 "'~ ~ ii: i!l." ~ " e~ '" ><: ><: , ~ t::i l'/,A'-8 ' r:.~ / '....:.\ " I;~, \ fa V."'" k, , ~ I' " . 4-;>'~~~ Ial '" 0 , II #ur=-- "' . Z i"-': ~...-..w % , :) __ "lTNU80\IVES . . 02 1A $ 00.900 00043D0377 MAR 11 2003 . MAILED FROM ZIP CODE 19103 . " 0 0 0>:;,: ....0.., "'o.i3 g ~ ('ll 0. ~ ., " ~ = ., 0. l $~;;J I"'I>;~ ~."I>; I>;~~ 1"':;':> .,,("):;,: $I>;Ro >:;,:." . .., =: .,,1>;1>; >~I"' -.,,> ;:g~~ ?~ i;;;> _. "'''' S .., I>; - .... => => ... () C) 0 C w .. ?:,,: ~ "'Uv' 0 -n !:pI' F ~:J, iTI ::!:c " ~~:' .- 1 {..J r:::c' " ;}>. (" i):D --;.() ~''- <',~ rTl :;;t ~ ::-:.:\ 7": ?< :::> 5:1 -<: (P -< GMAC Mortgage Corporation VS Shannon B. Humes In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-457 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff s Costs: Docketing Poundage Posting Bills Advertising Mileage Levy Surcharge Law Library Prothonotary Law Journal Patriot News Share of Bills 30.00 10.88 15.00 15.00 20.70 15.00 20.00 .50 1.00 209.60 188.50 28.90 $ 555.08 paid by attorney 9/8/03 Sworn and subscribed to before me So A1.l~~ '" J r~,."~-,, ~ This~dayof A~ ~~ ~ ~' . ,O...,--R. Thomas Kline, Sheriff 2003, A.D. {2 ~ l'-'fi (" "I BY J6ch,~ Prothonotary Real Est~te Deputy \ . 'lD en. ~;! oJ..O {h /V;!Ok'.... Real Estate Sale # 1 On March 14, 2003 the sherifflevied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA known and numbered as 112 High Street, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 14, 2003 By:~~ Real Estate Deputy ::L , ~~ ~~ 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...IM... 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 COPY S ALE #7 ...11.......1. Sworn a subscribed before ~s 13~h day lfA,u~3 A.D. T~L=~PLtMc/rY/h, ~~/ CIlyOfHan1sburg, DaupmCoooty '-"C// MyOlrmissionExplresJ~6,2006 N RY PUBLIC Member. Pennsylvania Association OfNolaries 'liy commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 J Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s} $ Tmal $ 186.75 1.75 188.50 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... r PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYL VANIA : 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. 7 ORN TO AND SUBSCRIBED before me this 1 day of AUGUST, 2003 Writ No. 2003-457 Civil GMAC Mortgage Corporation vs. Shannon B. Humes Atty.: Frank Federman All that certain lot of land situate in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania. more particularly bounded and described as follows. to wit: BEGINNING at a point on the eastern line of High Street 54 feet measured southwardly along the eastern line of High Street from the southeast corner of High Street and Highland Avenue: thence North 73 degrees East along a line at right an- gles with High Street 90 feet to An- derson Alley: thence. south 17 de- grees East along the western line of Anderson Alley 60 feet to an iron pin; thence South 73 degrees West along a line at light angles wlth High Street 90 feet to High Street; thence North 17 degrees West along the eastern Hne of High Street 60 feet to the point or place of BEGINNING. BEING KNOWN AS 112 HIGH STREET. ENOLA. PA 17025. TAX PARCEL #09-15-1291-151. TlTLE TO SAID PREMiSES is VESTED IN Shannon B. Humes. sin- gIe person by Deed from Howard D. Petennan and Carol Ann Petennan, husband and wlfe dated 8/12/1999 and recorded 8/13/1999 in Deed Book 205. Page 886. ~/~l) L xfn@-UJ I ~m~~ u LOIS;:: fF~'}f'FR ,.~cla\'y PubUc r',,' . ~U:; ;;' ';<~;':";~ct~...-~., . My"C:~~;;~~ r southeast corner at High Street a..~d Highland Avenue; thence North 73 degrees East along a line at right an- gles with High Street 90 feet to An- derson Alley; thence, south 17 de- grees East along the western line of Anderson Alley 60 feet to an iron pin: thence South 73 degrees West along a line at right angles with High Street 90 feet to High Street: thence North 17 degrees West along the eastern line of High Street 60 feet to the point or place of BEGINNING. BEING KNOWN AS 112 HIGH STREET. ENOLA. PA 17025. TAX PARCEL #09-15-1291-151. TITLE TO SAID PREMISES IS VESTED IN Shannon B. Humes. sin- gle person by Deed from Howard D. Peterman and Carol Ann Peterman. husband and wife dated 8/12/1999 and recorded 8/13/1999 in Deed Book 205. Page 886. (' ~ AFFIDAVIT OF SERVICE PLAINTIFF GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY KMD No. 03-457 DEFENDANT(S) SERVE SHANNON B. HUMES AT 112 mGH STREET ENOLA, PA 17025 SHANNON B. HUMES ACCT. #306770164 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 8, 2005 SERVED C'h . I . HVI,<-<e."", Served and made known to J '" IJ t-- 0 tV r3 I . Defendant. on the at/,l'fSl,o'clOckf-.m..at I/:J. If},!'" 0+-, ) ;E)./edd-. J 3,ji, dayof t/;!,(t-ylcc' .2009 . Conunonwealth of Pennsylvania, in the manner described below: y:. Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant( s) 's residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Ageot or person in charge of Defendant( s) 's office or usual place of business. an officer of said Defendant(s) 's company., Orher: j . /iJ,,"'~) bfd~J /\I\a.11Z Description: Age..:2J! Height .::lb,/f Weight (35- Race i{)h SexL Other jJ<) ') bS5ES I, dJr(.e\.Jc t... ~ I OIL~,~"a competent adult, being duly swomaeeording to law, depose and state that I personally handed a true and correct copy of the N !fee of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at rhe address indicated above. Sworn to and subscribed before me this J 3+-h day of"'] iwc,-:" . 200~-'1i. " Notary: .'/. .( ,vL L By: ~fv"L'- L_ lJ PLEASE ATTEMPT SERVICE AT LEA NOTARIAL SfAl. LUCILlE H. CARTY. Nol8rY PubIc 'Ii FranIcln Nov. 1 NOT SERVED On the day of . 200_. at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1" Attempt: J J Time: 2nd Attempt: I I Time: 3rd Attempt: J / Time: Sworn to and subscribed before me this _ day of . 200 _' Notary: By: Altornev for Plaintiff Daniel G. Schmieg, Esquire -I.D. No. 62205 - ---- .' .' , . ~ PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC MORTGAGE CORPORATION Plaintiff, v. No. 03-457 SHANNON B. HUMES Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: /' Amount Due \ I;)S .;\"\ Interest from to JUNE 8, 2005 (per diem -$11.54) $70,230.62 $9,462.80 and Costs TOTAL $79,693.42 ~('9,r~ DANIEL G. SCHMIEG, QUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. ~ ~ ~.... o~ z ~';i>: S ~ ~~ ~ "" ~~ ~"" ~ \;lila ~~ 0 ~c ~~ % s o~ ~~ u ,;, ;Q ~\ UZ ~ ~ z 0 ~~ ~ ~ ~~ 00 '-' 0" u ~ ~c ~~ ~ \;lil~ ~~ ~ ~ 8.; u ..0 'i 1 ~ ~~ .~ ~ \>-< ""'~ ~~ u ,- C'.,} ~ eJ - ~ ct ~ ':. - "" - -;: ~ ~ cO -d - .::. '" '" \ - '" -, c::.J t:<. r- \ ,.,.e,':;, ";::""" \ I \(?, () l.I) c.., ;j ::) (j CV) <l '2~ a c"" D r') a V) a 0- a .....:. lJ) Co 1Il l.J) Vl 0-.:. t"" ."". ~ r') ~ V) -. e.... ~ ~ I/) ~ t- .... ~ ~ ~ '8 ~ -6 '" ~ ~ ~ 0) ~ ,!) ~ ~ e 6 if> '0; $ ~ p. ... '" .... '0; .... ~ if, if> '" :a ~ '---' ~ \.1 J1 -t 'J 3 M ::r- -1 r- --'l <J- \.I) \ C'l ~ C - :r ~ 1 - cl ~ LEGAL DESCRIPTION ALL THAT CERT/uN lot of latld situale in the Township of East I'ennsoor<'. CoUlIli' of Cumherlatld and Slate of Pennsylvania. more particularly bounded and dcs\;ribed a. follows. 10 wit: DEGINNING at a point on the eastem line of Higb Street 54 feel measured southwardly alrmg the eaSlern line of High SlIeet from !be southeast cornet of High Street and Highland ,\ venue; thence North 73 degrees casl along a line at rigbt angles with IIigh Street 90 feet to AmlenKllJ Alley; thence south 17 degrees Ea~t along the western line of Anderson Alley 60 leet to an Iron pin; thence South 73 degrees West along a line ill rigbt angles with Hi~h Street 90 feet to High Street, thence North 17 degrees Wesl along the eastern line of High Street 60 feet to the pom! or place of l3eginning. TITLE TO SAID PREMISES IS VESTED IN Shannon n. Humes, sinjpc person by Deed from Howard D. Petef111lU1 and Carol Ann Pelem1an. husband and wife dated 8112/1999 and [<'Corded 8/1311999 in D~ Book 205, Page 886. PROPERTY ADDRESS: 112 HIGH STREET, ENOLA, P A 17025 TAX PARCEL: # 09-15-1291-151 WRIT OF EXECUTION and/or A TT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-457 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION, Plaintiff (s) From SHANNON B. HUMES (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $70,230.62 LL Interest FROM 3/2/05 TO 6/8/05 (PER DIEM - $11.54) - $9,462.80 AND COSTS Atty's Conun % Due Prothy $1.00 Atty Paid $687.93 Plaintiff Paid Date: MARCH 8, 2005 Other Costs CURTIS R. LONG (Seal) Proth:a p ~ ,--By: IV>. p . J7J2,/f. r-. Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULE V ARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION SHANNON B. HUMES NO. 03-457 Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) 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. ~(. .~r~~ DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff ,,\: ::\t'^ :r>~ ;;0 \ C::- C.'? (',0 _I USBC PAM - LIVE - V2.6 - Docket Report Page I of6 CREDS, CLAIMS, 2002, 341Held, PlnCnfrmd U.S. Bankruptcy Court Middle District of Pennsylvania (Harrisburg) Bankruptcy Petition #: 1:03-bk-05134-MDF Assigned to: Mary D France Chapter 13 Voluntary Asset Date Filed: 09/02/2003 Shannon B Humes 112 High Street Enola, P A 17025 SSN: xxx-xx-6738 Debtor represented by James K. Jones 7 Irvine Row Carlisle, PA 17013-3019 717240-0296 Fax: 717 240-0066 Email: jkjones@pa.net Charles J. DeHart, III (Trustee) PO Box 410 Hummelstown, P A 17036 717 566-6097 Trustee United States Trustee PO Box 969 Harrisburg, P A 17108 (717) 221-4515 Asst. U.S. Trustee Filing Date # Docket Text 0111412005 38 Order Granting Motion for Relief from Stay (RE: related document(s)[23] ). (Attachments: # I Certificate of Service) (CR) (Entered: 01114/2005) 0111312005 37 Certificate of Service for the Certificate of Default Filed by Jay B Jones of Phelan Hallinan & Schmieg, LLP on behalf ofGMAC Mortgage Corporation (RE: related document(s)36 ). (Jones, Jay) (Entered: 01113/2005) https://ecf.pamb.uscourts.gov/cgi-binlDktRpt. pI? 444887327236872- L 82 0-1 3/312005 USBC PAM - LNE - V2.6 - Docket Report Page 2 of6 01/13/2005 36 Certificate of Default of the Signed Order Dated December 23, 2004 Filed by Jay B Jones of Phelan Hallinan & Schmieg, LLP on behalf ofGMAC Mortgage Corporation (RE: related document(s) 35 ). (Attachments: # I Proposed Order # 2 Exhibit, Signed Order) (Jones, Jay) (Entered: 01/13/2005) 12123/2004 35 Order that Debtor make payment within fifteen (15) days to Movant or Automatic Stay is lifted (RE: related document(s)34, [23] ). (Attachments: # 1 Certificate of Service) (SP) (Entered: 12/28/2004) 12/22/2004 34 Proceeding Memo: Continued hearing held on Motion ofGMAC Mortgage Corporation for relief from stay. Debtor to pay balance within 15 days, otherwise, upon certification of default, stay will lift. (RE: related document(s)[26], 32, [23]). (EW) (Entered: 12/22/2004) 12/06/2004 33 Certificate of Service of notice rescheduling hearing to 12/22/04 at 09:00 am Bankruptcy Courtroom, Third Floor, Federal Building, Third and Walnut Streets, Harrisburg, PA RE: Motion for Relief from Stay Filed by Jay B Jones of Federman and Phelan LLP on behalf ofGMAC Mortgage Corporation (RE: related document(s) 31, [23] ). (Jones, Jay) (Entered: 12/06/2004) 12/01/2004 32 Notice of continued hearing. Rescheduled (RE: related document (s)[23] ). Hearing scheduled for 12/22/2004 at 09:00 AM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, P A. (Attachments: # 1 Certificate of Service) (CR) (Entered: 12/01/2004) 11/26/2004 31 Praecipe to list matter for hearing RE: Motion for Relief from Stay Filed by Jay B Jones of Federman and Phelan LLP on behalf of GMAC Mortgage Corporation (RE: related document(s)[23] ). (Jones, Jay) (Entered: 11/26/2004) 11/03/2004 30 Order that Stipulation be filed on or before December 3, 2004 or Motion is denied. (RE: related document(s)[29] ). Stipulation due 12/3/2004. (Attachments: # 1 Certificate of Service) (CR) (Entered: 11/05/2004) 11/03/2004 29 Proceeding Memo hearing cancelled. Stipulation to be filed Order to be entered. (There is no image or paper document associated with this entry.) (RE: related document(s)28, [23] ). Stipulation due 12/3/2004. (JG) (Entered: 11/03/2004) https://ecf.pamb.uscourts.gov/cgi-binlDktRpt.pl?444887327236872-L _82_0-1 3/3/2005 -~ .- GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS SHANNON B. HUMES CIVIL DIVISION Defendant(s). NO. 03-457 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 112 HIGH STREET, ENOLA. PA 17025 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SHANNON B. HUMES 112 HIGH STREET ENOLA, PA 17025 2. Name and address ofDefendant(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) CONSECO FINANCE CONSUMER DISCOUNT COMPANY 7360 SKYRENE ROAD TEMPE, AZ 85282 -. .' 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) CONSECO FINANCE CONSUMER DISCOUNT COMPANY 332 MINNESOTA STREET, #610 SAINT PAUL, MN 55101 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 112 HIGH STREET ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 3. 2005 DATE &.t.KV.i2 (, ),fJw.,~ DANIEL G. SCHMIEG, E DIRE Attorney for Plaintiff r-..} (~{j!\ :::: :\~"~. :,...c - . .'...... '_J "n \ CO (..'0 f'..' _1 . ,- GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 03-457 SHANNON B. HUMES Defendant(s). March 3, 2005 TO: SHANNON B. HUMES 112 HIGH STREET ENOLA, PA 17025 "THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORM A TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY" Your house (real estate) at 112 HIGH STREET. ENOLA, PA 17025. is scheduled to be sold at the Sheriff's Sale on JUNE 8. 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $70,230.62 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an armouncement 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 Sheriff's Sale, you must take immediate action: I. 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out ifthis has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7 . You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION /\LL THAT CliRTAIN lot of llllld situatc in the Township of East I'enillioow. ('.(Jumy 01 Cumhcrland and Slate of Pennsylvania. more particularly hounded lIlld de,mbed a.~ follows. to wit: DEGINNING at a point on the ea,ter,n line of HIgh Street 54 feet measured southwardly along the eastern line of High Street from the southe>.!st corner 01' High Street and Highland Avenue: tbence North 73 degrees cast along a line at right angles with IIigh Street 90 feet to Ander,on Alley: thcncc south 17 degrees Ea~r along thc western litle of 1\ ndcrson Alley 60 feet to an Iron pill: thence South 73 degrccs West along a line at right angles with High Stre<:t 90 fcct to Hl!lJl SlIeet, thence Nonh 17 degree, West along the eastern line of High Street 60 feel w the poim or place of Beginning, TITLE TO SAID PREMISES IS VESTED IN Shannon D. Humes, single persOn by Decd from Howllrd D. Pe<<mnan and Carol AM Petennan, hu.~band and wife dated 8il2l1999 and recorded 8113/1999 in Dffil Book 205, p..!ge 886. PROPERTY ADDRESS: 112 HIGH STREET, ENOLA, P A 17025 TAX PARCEL: # 09-15-1291-151 r'~.) C::J "' .:-P .<".. :';"J I 0) / CD "' f',) _I ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Federal National Mtg Assoc is the grantee the same having been sold to said grantee on the 8th day of June A.D., 2005, under and by virtue of a writ Execution issued on the 8th day of March, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 457, at the suit of Gmac Mtg Corp against Shannon B Humes is duly recorded in Sheriffs Deed Book No. 269, Page 3927. IN TESTIMONY WHEREOF, I have hereunto set my hand 7-(f and eal of said office this day of ds, CurnbeT1and County, Ca/I1Slo, PA ion Expires tho Firlll MondBy of Jon. 2008 GMAC Mortgage Corporation VS Sharmon B. Humes In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-457 Civil Term Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on April 04, 2005 at 6:06 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriff's Sale and Description, in the above entitled action, upon the within named defendant, to wit: Sharmon B. Humes, by making known unto Sharmon B. Humes personally, at 112 High Street, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2005 at 3:18 o'clock P.M., he posted a true copy ofthe within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Sharmon B. Humes located at 112 High Street, Enola, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following marmer: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Sharmon B. Humes, by regular mail to her last known address of 112 High Street, Enola, P A 17025. This letter was mailed under the date of April 18, 2005 and never returned to the Sheriff's 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 June 8, 2005 at 10:00 o'clock A.M. He sold the same for the sum of$I.OO to Attorney Daniel Schmieg for Federal National Mortgage Association. It being the highest bid and best price received for the same, Federal National Mortgage Association of 1900 Market Street, Suite 800, Philadelphia, PA 19103, being the buyers in this execution, paid to SheriffR. Thomas Kline fhe sum of$707.55. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy $30.00 13.88 15.00 15.00 30.00 10.00 1.00 22.20 1.61 15.00 Surcharge Postage Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed $ 20.00 .37 214.25 238.29 16.47 25.00 39.50 707.55 Sworn and subscribed to before me So Answers: This ~'" daYOf~ <..tY~-, ~/. ,r R. Thomas Kline, Sheriff 2005, A.D. l._J,,"-'J<' 0 ~ <fro } ('..u ~r6thonotary . BY\ (J dt:f ) i'JILW/L Real Esta Deputy if V f\l ?10 u loV . c.k..~'1J :3 (,)5 ~/t.{,Of7 'GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS SHANNON B. HUMES CIVIL DIVISION Defendant(s). NO. 03-457 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 112 HIGH STREET. ENOLA. PA 17025 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address carmot be reasonably ascertained, please indicate) SHANNON B. HUMES 112 HIGH STREET ENOLA, P A 17025 2. Name and address ofDefendant(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 carmot be reasonably ascertained, please indicate) CONSECO FINANCE CONSUMER DISCOUNT COMPANY 7360 SKYRENE ROAD TEMPE, AZ 85282 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) CONSECO FINANCE CONSUMER DISCOUNT COMPANY 332 MINNESOTA STREET, #610 SAINT PAUL, MN 55101 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 carmot be reasonably ascertained, please indicate) Tenant/Occupant 112 HIGH STREET ENOLA, PA 17025 Domestic Relations of Cnmberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 3. 2005 DATE ~("}'A._~ DANIEL G. SCHMIEG, E UIRE Attorney for Plaintiff GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 03-457 SHANNON B. HUMES Defendant(s). March 3, 2005 TO: SHANNON B. HUMES 112 HIGH STREET ENOLA, PA 17025 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY" Your house (real estate) at 112 HIGH STREET. ENOLA, PA 17025, is scheduled to be sold at the Sheriff's Sale on JUNE 8. 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $70.230.62 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an armouncement 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 Sheriff's Sale, you must take immediate action: I. 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (2 I 5) 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 ifthe 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. lfthe 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 rnay 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 ofthe money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It mav not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot of llllld situate in t.h= Township 01' &.~t I'ermsboro. County 01' Cumberland and Siatc of Pennsylvania, more particularly bounded and de,cribed a.~ foliow!, to wit: DEGlNNIN C at a point on the easter,n line of High Slreet 54 feet meilb'llIed southwardly along the eastern line of High Street from the soilthe'.lS1 cotner or High Street and Highland ^ venue; thence Nom 73 degrees Uast along a line at right angles with IIigh Street 90 fcellO Anderwll Alley; thence south 17 degrees East along the western line of ^ ndcrson Alley 60 feCI to an Iron pin; thence 50l1th 73 degrreq West along a line III right angles with Hi,\ih Street 90 feet to Hijlh Street, thence North 17 degrees West along the eastern line of High Slteet 60 feet to the plblt or place of Beginning. TITLE TO SAID PREMISES IS VESTED IN Shannon B. Bumes, single person by Deed from Howard D. Perennan and Carol Ann Petemlan. husband and wife dated 811211999 and recorded 8/1311999 in Deed Book 205, POdge 886. PROPERTY ADDRESS: 112 HIGH STREET, ENOLA, PA 17025 TAX PARCEL: # 09-15-1291-151 WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-457 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION, Plaintiff (s) From SHANNON B. HUMES (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $70,230.62 L.L. Interest FROM 3/2/05 TO 6/8/05 (PER DIEM - $11.54) - $9,462.80 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $687.93 Plaintiff Paid Date: MARCH 8, 2005 Other Costs CURTIS R. LONG (Seal) Proth02 p ,--By: 12.-..." - 1f17/7~r~r- Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, 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. 62205 Real Estate Sale #36 On March 09, 2005 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 112 High Street, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 09, 2005 By: JDel; 'sVVLlH.. Real Estate Deputy ... E!)' c:;ra ~ .~j 'j:.e)) In:nl' ZE :b 't;j b- ijVW ~OOl \1d '^lNIIOJ U:l', :'d~mJ .:J.:HH3HS 3Hl JO 3JU..:iO (0..... -Ji! 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 Assistant 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 SWlday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily andlor Sundayl Metro editions which appeared on the 26th day(s) of April and the 3rd and 10th day(s) of May 2005. 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 Wlanimously 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 Miscel ous Book "M", Volume 14, Page 317. PUBLICATION COpy S ALE #36 Sworn to and subscribed before mrys 25th day of /;zt . CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 238.27 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The SWlday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... ~"""'=, ReAL';"!.~. . c;Id' _-- .~I1:c..,..,...A1'" '" .II~ -IT"" 8.""" MIY' o.nlIIlklJ.1rll ~pnoH ~=~~~ ~ tOIlS\lle of fI-Il,..... .... ~1oOuD<lOd~...-.1lJ BooiNNfNG "' poiDlOll *' _1iPe of lIl&h_S4/oct,.;.....l~alOIl8 *,_liOO:.~ttl&I>--lIio~ ~ff~% _....r7 .. WiIlooI*'- .1iPeof~~Bl,/octIlJ~.e; " _~"'Ir.Ili. ~B.'-'''' . .!'Y.llOI!4 .'. iIoft\IO._- A1JA ..' tIllI1riIt. ~1I1f'9 - . . ,t131"r9'J9iallOl!4.r:...-.'" . ~ /d1If!I1!lI' 11211iP-' ......1'I>11Ol5. " TAJ{PARC/!LIIoJ~.I~I1.91.m. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA 55. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor ofthe Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2,1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached 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: April 15,22,29,2005 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 'publication are true. SWORN TO AND SUBSCRIBED before me this 29 day of April NOT IAL SEAL LOIS E. SNYDER. Notary Public Carlisle 8oro, Cumberland County My Commission Eltpires March 5, 2009 lUtAL lt8TATE SALE NO. 36 Writ No. 2003-457 Civil GMAC Mortgage Corporation vs. Shannon B. Humes Atty.: Daniel Schmleg LEGAL DESCRIPTION ALL THAT CERTAlN lot of land situate in the Township of East Pennsboro. County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern line of High Street 54 feet measured southwardly along the eastern line of High Street from the southeast corner of High Street and Highland Avenue; thence North 73 degrees East along a line at right angles with High Street 90 feet to Anderson Alley; thence south 17 degrees East along the western line of Anderson Alley 60 feet to an Iron pjn; thence South 73 degrees West along a line at right angles wlth High Street 90 feet to HIgh Street. thence North 17 degrees West along the eastern line of High Street 60 feet to the point or place of Beginning. TITLE TO SAlD PREMISES IS VESTED IN Shannon B. Humes. single person by Deed from Howard D. Peterman and Carol Ann Peter- man, husband and'" wife dated 8/ 12/1999 and recorded 8/13/]999 in Deed Book 205, Page 886. PROPERlY ADDRESS: 112 High Street. Enola. PA 17025. TAX PARCEL: #09-15-1291-151. , "