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Home My WebLink About00-05570 ""' . , ,,~ C'. -"': . AFFIDAVIT OF SERVICE , PLAINTIFF GMAC MORTGAGE CORPORATION CUMBERLAND No.00-5570 DEFENDANT(S) JEFFREY A. LYNCH SERVE AT 55 BARCELONA DRIVE KEY WEST, FL 33040 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 7, 2001 SERVED Servedandmadeknownto~~ L.YIf(.;~ ,Defendant, on the 2.41l, dayof\rM~""1IJ ,200t al &~4o ,0'c1ock~.m., at SS" fJ) A-Q..~&i-jB Dll\Y"E-) '1(9 ~i I 0L ,,?> ~'.7\1() , ComHl^"',>oalth ~Or-rv~.dHlJl.'a:ah, ip the mamlBr th.scrisvd D",Jrrw: ~ Defendant personally served. Adult family member with whom Defendant( s) reside( s). Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk Ofplace 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: Descriptip\ !, t:J a true and correol copy 0 . the address indicated ab /t'>1/ Height~ Weight 1kn. RactM Se-/'!J-- Other , a competent adult, being duly sworn according to law, depose and state that ! personally handed the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at e. $"'Y~ \1ARri\EGO~:7I\LEZ ~. ~ MY('OMMfSS!ON#CC71~',951j; "'/'tDFf\,~~ EXPJRES:FebruIllY22,:': 1 MY FIa. Sworn 10 and subscribed before me this .2.>'" day of AN . , 200 J. Noiary: NOT SERVED On the day of ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Other: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center Suburban Station, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 "''I!ilI~'''-"~' _''''''''0 "1iIlil~li!iIlii'll~@'~.,.j'- lllfTIiJ11J:,_ p, ~-"~ > ' < - - " ,; . '-"~ ",.." ~ ~__u,..,_ __ ,-" .. ~iIiri.I.'L1. ", ,.- ~--, liiIlioiiuiilllilllillill.~ . . ~ 0 0 0 C -n ~ -.., """OU..1 rl'1 ~:iJ l11r";, ;:0 Z:;G I --" Z r-- ::'-,;.l.; ~~. CO '~1~.;) .-V -,--T, ~ 16~~ ,;:c:: ~:o... '"--c ~~ >c :-~ ::::> ;;;! =< ;:0 .,\:...... -< . - SALE DATE: MARCH 7, 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA CNIL ACTION - LAW GMAC MORTGAGE CORPORATION No.: 00-5570 vs. JEFFREY A. LYNCH AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.c.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of lhe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 15 SOUTH WASHINGTON STREET, SHIPPENSBURG, PA 17257. As required by Pa. R.c.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3l29.2(c) on each oflhe persons or parties named, at that address set forth on the attached Affidavit No.2 (previously filed) and Supplemental Affidavit No.2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. ~~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff February 7,2001 L ,<_ ~~i<;'*" CUMBERLAND COUNTY GMAC MORTGAGE CORPORATION No.: 00-5570 vs. JEFFREY A. LYNCH AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.2) Plainliffin 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 ailS SOUTH WASHINGTON STREET, SHIPPENSBURG, P A 17257: 1. Name and last known address of Owner (s) orrepurted Owner(s) Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JEFFREY A. LYNCH 4 GRASSY ROAD KEY LARGO, FL 33037 2. Name and address of defendants in the judgment Name Last Known Address (if address cannot be reasonably ascertained, please indicale) JEFFREY A. LYNCH 4 GRASSY ROAD KEY LARGO, FL 33037 3. Name and 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 . ii*, 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannol be reasonably ascertained, please indicate) 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 affecled 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) None. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penal1ies of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. 4~.4::fd~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff --. February 7, 2001 ~~" r~' DATE: JANUARY 9, 2001 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S) JEFFREY A. LYNCH PROPERTY: IS SOUTH WASHINGTON STREET SHIPPENSBURG, PA 17257 Improvements: Residential Property CUMBERLAND The above-captioned property is scheduled to be sold at the Sheriff's Sale on MARCH 7, 2001, at 10:00 a.m. in Cumberland County Courthouse, South Hanover Street, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests, A schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. LH - - ~i ~.z CoO ~~ ",,0 o " ~e, 0"" Q~ ~ "" ~ o 1 s, j;' o o <' 6' '" :::ci g S o _ ;:'Z _,0 "'6 2,g- ~~ "'~ g Co ~ ~~ '0 - 03 '< . o - ~S' " , - - V> ... to< ~ Et: 1;; ~ ~ ~ ~ ~ c:'l - __""'0"- .~-~~ . I - w - '" 00 - - - o '" ..., '" ~"o, . 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'''r, - ,~ # . ~~, -, ,~" ~MmBlgl'liiiif;jjM "- ~ 1liIf6~! CJ CJ C) c:: 1 '2'." -" -oaJ 14'1 nlni ,:J:) ,,-- Z:J.,J ,. 2::1~: ,'-, f~.J '-~' C/) ~",-,: , 2': -:'~; S-;? <:: C,' --<J --~!~j ):- r'-.. 2'-.." ;~;-n >~~~ S-: z dfj -, -< .1'"" '< i'i L~ ~" -~, ~L SHERIFF'S RETURN - NOT FOUND , CASE NO: 2000-05570 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS LYNCH JEFFREY A R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT LYNCH JEFFREY A but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE RIENSTATED W/NOTICE -I , NOT FOUND , as to the within named DEFENDANT , LYNCH JEFFREY A DEFT. NO LONGER RESIDES AT ADDRESS STATED, RETURN NOT FOUND AS PER JASON RICCO 9/27/00. Sheriff's Costs: Docketing Service Not Found Return Surcharge 18.00 13.02 5.00 10.00 .00 46.02 ~~ . Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 09/27/2000 Sworn and subscribed to before me this iff=:: day of ~.$-L '-<r7rV A. D. ~,-Q h,J~ + thonotary , --- . ~,~,-, ." '. FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICA nON NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (71 'i) 'i(;1-7000 ATTORNEY FOR PLAINTIFF FEDERMAN ANQ~ COMMON PLEAS " AlTORNEYR~IVISION GMAC 'MORTGAGE CORPORA nON ' PLEASE RETURN 500 ENTERPRISE ROAD, SUITE] 50 HORSfIAM, PA ]9044 Plaintiff TERM NO, 00 - S'S"?'O (3~~{ ~ v. CUMBERLAND COUNTY JEFFREY A. LYNCH 38 MIDDLE SPRING AVENUE SHIPPENSBURG, PAl 7257 CTVTT, ACTION - LAW MORTC.AC.F FORFCT,OSTTRF \~~'" , P/~~'!.E'(~NDPH~ ~~R1:fCop~1V .....'UI1/i Defendant(s) NOTTCF, "THIS FIRM IS A DEBT COLLECTOR A TTEMPTlNG TO COLLECT A DEBT AND ANY INFORMA TlON 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 tweniy (20) days after this Complaint and NOlice 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 wiIhoul you and a judgment may be enlered 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 importanl to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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. Loan #: 30607799~ C) c: >- '"Do; rllrO:: Z:J.-~ :<:( FE~.fi.~~~~.t~&~~W~TRUE COpy FROM RECORD ~2:; ?',~ PLEASE RETURN", T8lltimOnywl\:1-":",re ,UlllO set mY ha~ 8 _ _ tile seal r,i:,..h.( Carlisle. PI. ~ .. _ nw- A~:~:~i:~;~.~~~~ honotary CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249.3166 o o ~ ,-- i7i (") -n ::::! " '. ,":;;;:;; --~J? 'j~? '~JF5 dr-n -I "io. 5::J -< ..~f~l4IIro... "......~rl" ~ ~"'~_ ' ~~ ~ - . ~I " ., FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE lDENTIFICATIONNO.12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (71 'i) 'i(;1-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION GMAC MORTGAGE CORPORA nON 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 TERM Plaintiff v. NO. CUMBERLAND COUNTY JEFFREY A. LYNCH 38 MIDDLE SPRING AVENUE SHIPPENSBURG, PA 17257 Defendant( s) CTVTT, ACTTON _ T ,A W MORTGAGF, FORRCT,OSTTRR NOTTCR "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 lhis 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 wilhout 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 importanl 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 ASSOCIA nON 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 Loan #: 306077994 ',$ \,(,,0 . e('\;'J ,,\;\'(\d 1o'~ c \~U'" e '(\et0 '00 9- ~ \\,\0 to ~ ~\\'(\\(\ ~ co\>'h ~\ teC~~~V' co~(~ 1'&\ \\\0 ~ p.~O O(\Q\~~,,^JloI f~O 1!_loO-~"","",iIIh _ '""", ~ ..~,,~O" ~ ilL,! , , I. Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE ISO HORSHAM, PA 19044 2. The name( s) and last known address( es) of the Defendant( s) are: JEFFREY A. LYNCH 38 MIDDLE SPRING AVENUE SHIPPENSBURG, PA 17257 who is/are lhe mortgagor(s) and real owner(s) of the property hereinafter described, 3. On 6/24/98 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. 1464, Page 845.Said mortgage was modified as set forth in the modification agreemenl dated 2/17/00, in Mortgage Book No.638, Page 192. By Assignment of Mortgage dated 4/16/99 the mortgage was assigned to the PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 1431, Page 562. 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 3/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith, I; j~fi" '"<- f 6. The following amounts are due on the mortgage: Principal Balance Interest 2/1/00 through 8/1/00 (Per Diem $14.61) Attorney's Fees Cumulative Late Charges 6/24/98 to 8/1/00 Cost of Suit and Title Search Subtotal $68,796,75 2,673.63 3,439.00 99.52 55ll..OO 75,558.90 Escrow Credil Deficit Subtotal 550.80 QJ)Q .i5!L8il TOTAL $75,008.10 7, The attorney's fees sel forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser al Sheriff's Sale. If the Mortgage is reinstaled prior 10 the Sale, reasonable attorney's fees will be charged. 8. The mortgaged premises is lll1CllIl1 and "h"nrlonerl. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant{s) in !he sum of $75,008.10, together with interest from 8/1/00 at the rate of $14.61 per diem to lhe date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. Irsl Fr::mk Ff";tif";rm~n FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 1~~'''''''"' ~ -~ , ~~ -..... 1:' ALL that fO~low~ng describe~ ~ot of ground s~~uata, ~yi~g and being in sn~ppensbur9 Borough, couney of cumber~and, Commonwea~th of pennsylvania, bounded and ~imi~ed as fo~~ows, to w~~: aEGINN~NG at an iron pin at the northerLy edge of a fourteen (~4) foot a~ley on the East s~de o~ South Wasn1nqton S~reet at the property line of now or formar~y of Grace B. Fogelsanger; ehence a~ong prope~y line now or ~ormer~y of Grace S. Fogelsanqer; North forty-e~ght (48) deqrees one (O~) mi~uta We$~, a distance of ninety (90) feat to an iron pin at other ~and now or formerly of Grace B. Foge~sanger; thence by the same, North forty-one (4~) de9reas ~orty six (46) minutes East, a dis~ance of thirty-three and tweney-five hundredths (33.25) feet to an iron pin at 1~ne of ~and no~ or eormer~y of Lincoln B. Fogelsanger; thence by the same, South forty-eight: (4&) deqrees one (O~) minute East, a distance of ninety (gO) reet to an ~ron pin at the norther1y edge o~ the aEorasaid pub1ic a12ey; thence along ~he aforesaid pub~ic a~ley, Scuth ~orty one (4~) degrees forty six (46) m~nutes West, a distance of thirty-t~ree and t~enty-f~ve hund~edths (3J.25) reet to an iron p~n, the plaoe o~ DEG~NNING. PUrsuan~ to sur~ey of ~ohn H. McClellan, Registered Surveyor. This Qeed is beinq recorded in order to correct a faulty acknow~edgement on the previous deed of conveyance. Therefore it is tax exempt. ZT BE~NG the same premises which Daupnin Deposit Bank and Trust Con~any, Trustee of the 1ast Wi~1 and ~&s~ament of George H. WoJf deceased, by deed dated January S, 1984, and recorQsd Jal1u~ry'- 1.0, .1.984 i.n the O"f'rice of the Rec~.Cler of Deeds in and :f'o:t> CUmber~and County, Pennsy~vania, in Csad Book. Vo~utne "Nfl :l0, Page 235, conveyed unto CONRAD 0_ PEACHEY and DONNA M. ?RACHSY husband and Wi~8. AND the sa~d Grantors do hereby warrant sp~cia~1y ~,e property herein conveyed. ~~ W%TNESS WHEREOF, ~he Grantors have ~et their hands and seals the day and year firs~ above ~rit~en. PRMISES; 15 S. WASHINGTON STREET SHIPPENSBURG,PA 17257 -..:-'-~ ' ,- - 1 " "'" J VERIFICATION SHIRLEY J. EADS hereby states that she is FORECLOSURE SPECIALIST ofGMAC \IORTG"\GF CORPORA TION mortgage servicing agent for Plaintiff in this matteL 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 tothe best ofhor knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa, CS See, 4904 relating to unsworn falsification to authorities. ~)~ DATE r/7/OV I I 'iJ '..... " -'i.."r ,; ,-"='" it~II' ~~~,;,~..tl:ril!ili'''''''''''r1~!1m~_ji@~~'~' ""c.' \l . ~' ~ ~ ~ c" , , Ai:#;,i',,':,~ jJI',;~li', ~~ ~L,. " l' ,- \ , '.']d Qt, ~n~ :j::j .W'I ~. - .'_' '" " ,"'h.~, . ,=~ _ w __> , "<,~~~"., ,",,,,,,I, ~" ,~" .,' "'~~~~' )jH:ti1-_~"-~""';"-'~ .~';~ -~_8II!Iiii_1I1f1 - ... .. " ,"j;" "'--'",~ " ~ .l=> .}, .. ~ fYJ j)' ~ ~r f " FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 Two Penn Center Plaza, Suite 900 Philadelphia, PA 19102 (215)563-7000 Attorney for Plaintiff GMAC MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. JEFFREY A. LYNCH Cumberland County Defendants No. 00-5570 PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. jA~~ 1- uJA __ FRANK EDERMAN, ESQUIRE Attorney for Plaintiff Date: Auqust 24, 2000 Jlil^" -~'.~" ^.~ ~~ t'e ",- g~~- ''''''~iJi2jI~lI!Il;!id~~ ~""-~ 0_ .~,. " "-,~ ..dl;ti, l.- ~, ' ...;,,",;,,,~<';ia,,,,...;, , < -- -c' '=~ii (") 0 (J r c:;:) ;::;:o~ gilf{ X:mr :.:.i') Zr- G-,) (j)-> c::-.- ~f, ,-- '. , .s:c:; , j;(~: C C) Z -, ...::] :::> "'f~ . -< <D 55 -< .. , 'i.- _f,"';~ SHERIFF'S RETURN - NOT FOUND ", CASE NO: 2000-05570 P GOMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS LYNCH JEFFREY A R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT LYNCH JEFFREY A but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE , NOT FOUND , as to the within named DEFENDANT , LYNCH JEFFREY A DEFT. NO LONGER RESIDES AT ADDRESS STATED, LEFT NO FORWARDING, EMPLOYER STATES THAT HE WAS TERMINATED ON 7/1/00. Sheriff's Costs: Docketing Service Not Found Return Surcharge 18.00 13.02 5.00 10.00 .00 46.02 ~~ R. homas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 08/17/2000 Sworn and subscribed to before me this 6 ~ day of _.t,,.,~L ;2irVO A. D . ~t?'~ Pro h nota~y /~ ~~-"i/ ."" ~_. .'Iii~ ljj!ii~ Jd41 ~ - =~ - J~-., ~ " , FEDERMAN AND PHELAN LLP , By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PIllLADELPIllA, PA 19102 (71 'i) 'i/;1-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 , HORSHAM, PA 19044 TERM v. NO, ex.> - $.)76 C()~L ~~ Plaintiff CUMBERLAND COUNTY JEFFREY A. LYNCH 38 MIDDLE SPRING AVENUE SHIPPENSBURG, P A 17257 Defendant( s) CTVIl. ACTTON - T,AW MORTGAGR FORRCT.oSTTRF, NOTTCR ..THTS 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 olher rights important to you. YOU SHOULD TAKE TIllS 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. TRUE COpy FROM RECORD In TestImOny whereof, I here unto set my hand and tlle seal of ,"" ~. Po. '- T~j~~ ~ AftC.~~ onotary CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 .t\\tIthe \Ne hereb~ C a true and w\tn'" \0 ~;'I ot \n~ord corre~, ~\80 0' re ~"'EV.~ fr~iEii'^~~ ~O Loan #: 306077994 L~ .,J ~, ~ " ~~"h' , I. Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 2. The name(s) and last known addressees) of the Defendant(s) are: JEFFREY A. LYNCH 38 MIDDLE SPRING AVENUE SIDPPENSBURG, PA 17257 who is/are the mortgagor(s) and real owner(s) oflhe property hereinafter described, 3. On 6/24/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ACCUBANC MORTGAGE CORPORATION which mortgage is recorded in the Office oflhe Recorder of CUMBERLAND Couniy, in Mortgage Book No. 1464, Page 845.Said mortgage was modified as set forth in the modificalion agreement dated 2/17/00, in Mortgage Book No.638, Pagel92. By Assignment of Mortgage dated 4/16/99 the mortgage was assigned to the PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 1431, Page 562. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monlhly payments of principal and interest upon said mortgage due 3/1/00 and each month thereafter are due and unpaid, and by the lerms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. ,"'".....;~~~.'~ , ~ 'j -""""""'" ~ ~~~ ~.~ ~. , ~. ",_<0,'-"""'"" '"" I 6. The following amounls are due on the mortgage: Principal Balance Interest 2/1/00 through 8/1/00 (Per Diem $14.61) Attorney's Fees Cumulative Late Charges 6/24/98 to 8/1/00 Cost of Suit and Tille Search Subtotal $68,796.75 2,673.63 3,439.00 99.52 5.Sll.illl 75,558.90 Escrow Credil Deficit Subtotal 550.80 Q.ili} .i5lL&l TOTAL $75,008.10 7. The attorney's fees set forth above are in conformity with the Mortgage documenls 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. The mortgaged premises is Y&:lIIlt and "h"nnnnen WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $75,008.10, together wilh interest from 8/1/00 at the rate of$14.61 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale ofthe mortgaged property. I~I Fr~nk Fp,(ff~nn~n FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~'f,;"""-~ .' "', ~. " ( .~., " =~ ..._~ . ,~ ......~~~ilib, ALL that fo~~owinq described ~ot Qf gro~nd s~~uata, ~yi~g and beinq ~n s~~p~Qnsbur9 Borouqh, Coun~y of Cumber~and, Commonwaa~th of Pennsy~van~a, ~ound8d and ~~mited as fo~~ows, to wit: aEGINN~NG ~t an ~ron pin at the nortber~y edge of a fourteen (14) ~oot ~~~ey on the East s~de of South Wash1nqton St~eet a~ the proper~y line of now or formerkY of Grace B. Fogelsanger; thence along property line now or former~y o~ Crace S. Foqelsanqer; North forty-eight (48) deqrees one (O~) minute West, a distance of ninety (90) feet to an iron pin at other ~and now or former~y of Grace B. Foqe~sanqer; thence by the same, North forty-one (41) degrees forty six (46) minutes East, a distance of thi=ty-three and twen~y-five hund.edths (33.25) ~aet to an ~ron pin at ~1ne of land now or former~y of Lincoln B. F0ge~sanger; thence by the same, South for~y-ei~ht (48) degrees one (01) minute East, a distance o~ ninety (90) ~eet to an ~ron pin at tha norther~y edqe of the aforesaid public al1eYi thence along the aforesa~a public al~ey, South ~or~y one (41) degrees rorty six (46) minut~s west, a ctistance of thirty-three and twenty-f~ve hund~edths (3:.25) faet to an iron pin, the plaee o~ aEG~NN~NG. Pursuant to sur~ey or John H. McC~e~~Rn, Re9istered surveyor. Thi~ deed is beinq recorded in order to correct a faulty acknowledge~ent on the previous QaQd of conveyance. Therefore it is tax exem:pt. XT BEXNG the same premises which Daupnin Deposit Bank and TrU5t COlupany, Trustee of the ,l.ast Wi.J.l. and Testament of George H. Wolf deceased. by deed, elated January 6, 1984, and recordeci Janu~ry kO 1984 in the Ofri.ce of tbe Recorder of Deeds in and ~o:Z:. cutn1:ler1.and County, pennsyl.vania. i.n OeGtd. Book. Volume "N" 3 0, Page 235, ~cn~eyed unto CONRAD D. PEACHEY and DONNA M. PRACE~Y husband and W~f8. AND the sa~d Grantors do hereby warrant sp~cially ~~a property herein conveyed. _ ZH WZTNESS WHEREOP, the Grantors have set their hands and seals tne day and year 4irs~ abov8 ~rit~en. PRMISES; 15 S. "WASHINGTON STREET SHIPPENSBURG,PA 17257 ,~~-J!Il'~'-' ~~ ~, .'-' _.~ ,~ L,. ,~ ~ ~_~:a,' '. VERIFICA nON SHIRLEY J. EADS hereby states that she is FORECLOSURE SPECIALIST ofGMAC \IORTGAGE 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 tothe best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa" CS Sec 4904 relating to unsworn falsification to authorities. / '. ~J,':/~" ) I. . . '. DATE: r/t/ov / I .JilIi ~LJ:~,~Jn, ~Jili~jgifu\!iwtdjW.1~o@'"",li;;k'j'i!,~dHlJ."I"ti"..,,,,i,S.~"'''':',db'J",,,''''';,,"\i,_+,,~~d~.\P.i~~~lI!IiiIIiIiljr""< 1:, I -- .. ".. "",~~J... '^'~~io'toiIIIiIil!I~~~f/ii!ij'~Jj ." , . ,~ ~ STATE OF PENNSYLVANIA, COUNTY, OF CUMBERLAND } 55. Robert P Ziegler ., I, --------------------------------______________________________________________Ilecorderof needs in and for said County and State do hereby certify that the Sheriffs need in which __n____________ GM!c Mtg Corp - . ' ------------------------------------------------____________________________________ ~ thegr.onree the same having been sold to said gr.ontee on the ____~.:t_~______________________u_______________ day of March . 2001 .'. ___________________n___________________ A. n., ' _____, under and by vIrtue of a wnt______________ Execution . 13th ___ _____________ __ ________ -_________ u _ __ ______ _ISSued on the _ __ ___ __ ________ ________________ __ ___ day of ____!?_~~__________________ A. n., ___~~q,\lt of the Court of Cornman Pleas of said County as of Civil ______________________________,,____u___________ _______________________________n Term, : _4QQ_ 0 Number ______:?_~!_~__, at the suit of _____n~~~~__~.:t_L~?_:P______________________u______________ _____________ _______________ n_ n _ _ againsLn ____ __!_~!_: :_:?__~__~!.~.::.~___u __ __ __ n ____ ___ is duly recorded in Sheriffs need Book No. ______~_~]__, Page ________~i~. IN TESTIMONY WHEIlEOF, I have hereunto . ~ set my hand and seal of said office this _:;?2.______ day -jJ~~~~. III ...iMn ~ lilt filltllondaJ 01 JaR._ ",,.',,;;.,. ~ ... , -~'';''''''~i<, GMAC Mortgage Corporation -vs- Jeffrey A Lynch In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2000-5570 Civil Diivid McKinney, Deputy Sheriff who being duly sworn according to law says on January 25, 2001 at 3:0 I o'clock P.M. EST, he posted a copy of real estate Writ Notice Poster and Description on the property of Jeffrey A Lynch located at 15 South Washington Street, Shippensburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the defendant to wit: Jeffrey Lynch by Certified Mail Return Receipt Requ~sted, Restricted Delivery, Deliver To Addressee Only to his last known address 4 Grassy Road, Key Largo, FL This letter was mailed under the date of January 12, 2001 and received by Jeffrey Lynch on January 20,2001 the return receipt card signed by Robin Teasley. R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the defendant to wit: Jeffrey A Lynch by regular mail to his last known address 4 Grassy Road, Key Largo, Fl. This letter was mailed under the date of January 25, 2001 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on March 7, 2001 at 10:00 o'clock AM., E.S.T., and sold the same for the sum of$1.00 to Attorney Robert Leiberman for GMAC Mortgage Corporation. It being highest bid and best price received for the same GMAC Mortgage Corporation of 50 0 Enterprise Road, Suite 150, Horsham, PA 19044, being the buyer in this execution paid SheriffR. Thomas Kline, the sum of$906.87 it being costs. Sheriff s Costs Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library County Mileage Certified Mail Levy Surcharge Law Journal Patriot News 30.00 17.78 15.00 15.00 30.00 10.00 .50 1.00 26.04 9.45 15.00 20.00 349.10 290.97 ,p - ~ " ~~= '~f~lifd .' Distribution of Proceeds Share of Bills Sheriffs Deed 25.00 25.53 26.50 906.87 paid by Attorney 03-14-01 Sworn and subscribed to before me ~~~~ This ~ by day of (Jr..:1 - v R. Thomas Kline, Sheriff 2001 A.D. ~I Q ~,~ Pr notary BY Qi\-t'l ,v\S"IM :+h ~ ~~ Jb,oU /.",<0 CIz.. 315 17 ~ )bQ9'< " , > . . GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS JEFFREY A. LYNCH CIVIL DIVISION Defendant( s). NO. 00-5570 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) GMAC MORTGAGE CORPORATION, Plaintiff in 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 localed al 38 MIDDLE SPRING AVENUE, SHIPPENSBURG, PA 17257. 1. Name and address ofOwner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) JEFFREY A. LYNCH 4 GRASSY ROAD KEY LARGO, FL 33037 2. Name and address ofDefendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and 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 so indicate.) None "" ;l',g ~ , " . . . 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 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 so 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 so indicate.) None 7. Name and address of every other person 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 so indicate.) Tenant/Occupant 38 MIDDLE SPRING AVENUE SHIPPENSBURG, P A 17257 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 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. December II. 2000 DATE K~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~"'"= ",. -\0'.;; " ',1. - GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 00-5570 JEFFREY A. LYNCH Defendant(s). December 11,2000 TO: JEFFREY A. LYNCH 4 GRASSY ROAD KEY LARGO, FL 33037 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR 1HA T PURPOSE, IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TillS DEBT WAS NOT REAFFIRMED, TillS 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 38 MIDDLE SPRING AVENUE. SHIPPENSBURG. PA 17257, is scheduled to be sold at the Sheriffs Sale on MARCH 7, 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for the JUNE 7. 2001 'Sheriff s Sale. NOTICE OF OWNER'S RIGHTS i I; , I II il h 'J ":J ,'I :1 'i 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.) - .~ ,~~,' ~ - ~~~ . '"""".""'''''''''''''\1",: " 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 ifthe buyer pays the Sheriffthe full amount due in the sale. To fmd out if this has happened, you may call (717) 240-6390. 4. Ifthe 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, P A 17013 (717) 249-3166 (800) 990-9108 - ~' .- ,~ ~ . - .~ '-i:l~ ALL ~at following described lot of ground situate, lying and being in Shippensburg Borough, , . COlll1ty of Cumberland. Commonwealth of Pennsylvania, bounded and limited as follows, to wit: / BE INNING at an iron pin at the northerly edge of a fourteen (14) foot alley on the East side of S th Washington Street at the property line of now or formerly of Grace B. Fogelsanger; thence ong property line now or formerly of Grace B, Fogelsanger; North forty-eight (48) degrees one 01) minute West, a distance of ninety (90) feet to an iron pin at other land now or formerly of Grace B, Fogelsanger; thence by the same, North forty-one (41) degrees forty sb: (46) minutes East, a distance of thirty-three and twenty-five hundredths (33.25) feet to an iron pin at line of land now or formerly of Lincoln B. Fogelsanger; thence by the same, South forty-eight (48) degrees one (01) minute East. a distance of ninety (90) feet to an iron pin at the northerly edge of the aforesaid public alley; thence along the aforesaid public alley. South forty one (41) degrees forty six (46) minutes West, a distance of thirty-three and twenty-five hundredths (33"25) feet to an iron pin, the place of Beginning, Pursuant to survey of John H, McClellan. Registered Surveyor. Tax Parcel /1'32-34-2413-021 TITLE TO SAID PREMISES IS VESTED IN Jeffrey ~ynCh by reason of the following: , d D P h d D nna M Peachev husband and wife by BEING the same premises WhICh Conra . eac ey an 0 . : ' {1 Deed dated 6/23/1998 and recorded 7/1/1998 in the County of Cumberland In Deed Book 180 pa"e 566 conveyed unto Jeffrey A. Lynch, AND BEING the same premises which Conrad D, Peachey and Donna M, Peachey, husband an~ wife by C~rrective Deed dated 7/24/1998 and recorded 7/3li1998 in the County of Cumberland m Deed Book 182 page 510 conveyed unto Jeffrey a Lynch, This Deed is being recorded in order to correct a faulty acknowledgement on the previous Deed of Conveyance. , , '...... - - ' ~ -k , " WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 00-5570 CIVIL TERM CIVIL ACTION. LAW TO THE SHERIFF OF CnmhprlrmiJ COUNTY: To satisfy the debt, interest and costs due GMAC Mortqaqe Corporation PLAINTlFF(S) from Jeffrey A. Lynch, 4 Grassy Road, Key largo, FL 33037 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Legal Description .. .~;~~, ;;~j: N1111U ,,,,,i"'~ (2) You are also di~ected to attach the property of the defendant(s) not levied upon in the possession of ..-- "~~",~ -~,...:..,..- " ~"",",,-,,,~-<' , J !:)~ ~y'yw ~ ......_ ;gL,l ,,)"" lioi'" 'j', :;~ rd "A" ~jttt~,. GARNISHEE(S) as follows: and to not~y ~the garnishee(s) that: (a) an att~ent has been issued; (b) the garnishee(s) is/are 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 olthe deiendant(s)'not leVied~'Ron an subjecllo attachment is found in the possession of anyone other than a named garnishee, you are directed to notify nirl1lhiii'that he/she has been added as a garnishee and is enjoined as above stated, Amount Due $76,878.18 12/6/00 to 3/7/01 $1,150.24 Interest (per dcim $12.64) Atty's Comm % Atly Paid $1 "4 04 Plainmt Paid L.L. Due Prothy Other Costs $.50 $1.00 Date: f)p"pmhpr 11, 2000 Curtis R. IDnq Prothonotary, Civil Division af2,p<, p 77zO]/J~,1 ~ Deputy REQUESTING PARTY: Name Address: Frank Fedennan, Esq. One Penn Center at Suburban Station, Suite 1400 philadelphia, PA 19103 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 12248 ,..;..~. .~I~ ,~,' C ti.Jl~!ll;-liIi~1i&i .~ -- -..I.,~~~~~....~~~i<il'~~l = ""_....-. ~~ iI.lio "~"Mo/~~~~ - ~, "'~ --- '-' 'iIilIiiiiillllllllM '. ~, REAL ESTATE SALE No. 1-/0 '" ~ 1'T,;wrtO the sheriff levied upontbed8t8nGam~ '" the real propert, $iI",led i"Jt4",.~ fLy, &......;~, ".' ( /0" ..h 'tv(. C:uiniJe:land County, Pa, ~f\; , '''0 numb8r8d ~1( . t.h ~~ ,4;.._...../'- fa ~ ~- Ai,. and more tui ,!~)ed on Exhibit "A" fled with f. '~.""~. .J' 1"'.\a 'l' .pi<' mis writ and by this reference Incorporated herem. ~c~ t9 (/f~ A ~-H"~ Clte:..d" "-0. ~. {YJ~ By;. I.J;;-(J4,:a _ 6'1-<:::0'.' 6>~. ,"~." ~~ ~~,\ $ ~- ..,. , ~ ,-" ~ _.. ,I - ^ -- "^ ~, 1m ~*-'iti!;f;t1':,}\z~~r;~;;'~1{r.'j'?:b\Xfi:t~0t-<t~~P:!B&:gl~f;'fW~~1f1!i?i'Si~!;1'if1. ALL that followtng described lot of ground situate, lying and beJng in Shippensburg Borough. County Ii; of Cumberland, Commonwealth of If Pennsylvania, bounded and limited i as follows, to wit: ~ BEGINNING at an iron pin at the northerly edge of a fourteen (14) foot alley on the East side of South Washington Street at the property line of now or formerly of Grace B. Fogelsanger; thence along property line now or formerly of Grace B. Fogelsanger; North forty-eight (48) degrees one (Ol) minute West, a dis- tance of ninety (90) feet to an iron pin at other land now or formerly of Grace B. Fogelsanger; thence hy the same. North forty-one (41) de- grees forty siX (46) mJnutes East. a distance of thirty-three and twenty- five hundredths (33.25) feet to an iron pin at line of land now or for- merly of Lincoln B. Fogelsanger; thence by the same, South forty- eight (48) degrees one (Ol) mJnute East, a distance of ninety (90) feel to an iron pin at the northerly edge of the aforesaid public alley; thence along the aforesaid public alley. South forty one (41) degrees forty 'I siX (46) minutes West, a distance 1 of thirty-three and twenty-five hun- dredths (33.25) feet to an iron pin, If the place of Beginning. Pursuant to survey of John H. I McCtellan, Registered Surveyor. Tax Parcel #32-34-2413-021. TITLE TO SAiD PREMISES IS VESTED IN Jeffrey A, Lynch by reason of the following: BEING the same premises which Conrad D. Peachey and Donna M. Peachey. husband and w1f'e by Deed dated 6(23(1998 and recorded 7 ( 1(1998 in the County of Cumber- land In Deed Book 180 page 566 conveyed unto Jeffrey A. Lynch. AND BEING the same premises which Conrad D. Peachey and Don- na M. Peachey, husband and w1f'e by Corrective Deed dated 7 (24( 1998 and recorded 7(31(1998 in the County of Cumberland in Deed Book 182 page 510 conveyed unto Jeffrey A. Lynch. This Deed is being recorded in order to correct a faulty acknowl- edgement on the previous Deed of Conveyance. . ,,'2N!:-,"~,g;;;_",,!~, \''''''''','^'",,,..--,_~,I__,_~,__ - ~~~~I_~,~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues ofthe said Cumberland Law Journal on the following dates, VlZ: JANUARY 19,26, FEBRUARY 2, 2001 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. '" ~. Roger M, Morgenthal, Editor - SWORN TO AND SUBSCRIBED before me this 2 day of FEBRUARY. 2001 NOTARIAl SEAL .... lOO E. SNYDM:' NOtary Public . Cerlitle 10.0. C....berjoiidc..unty, PA My Commluion bpi,.. ~ich 5. 2001 ' ~~ - -' . . J' , THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No, 587. Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow being duly sworn according to law, deposes and says: That he is the 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 Palriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and Stale aforesaid; that The Patriot-~ws and The Sunday Patriot-News were eslabllshed March 4th, 1854, and September 18th, 1949, respectively, and a have been continuously published ever since; That the printed notice or publication which is see rely attached hereto is exactly as printed and published in their regular daily andlor Sundayl Metro editions which app red on the 30th day(s) of January and the 6th and 13th day(s) of February 2001. That neither he nor said Camp ny is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this state n 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 lhe Recording of Deeds in and for said C unt of Dauphin in Miscellaneous Book "M", Volume 14, Page 317, /.,-'''''"''.) ~ Notanal Seal ,. / Teny L. Russell, Notary Pubf ~ Harrisbulll. Dauphin County My Commission Expires June 6. 2002 Member, Pennsylvania AssoclallOn at NotarieMy commission expires June a, 2002 PUBLICATION COpy s r L '; 40 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA, 17013 , Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 289.47 1.50 290,97 ", 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,."..,........"""""""'.............,.,.""".........."", ." '" '- . ~ :0 A _ F. # "ll~LESrATE SAlE No,4Q Writ No. 2000-5510 Civil Term GMAC Mortgage Corporation v. Jeffrey A. Lyn,h Atty: Frank Federman ALL that follO\\ing de~crib{'d lot of ground situate, lying .-md being in Shippensburg Borougfi, County of Ctlmber]and~ Commonwealth of PenNylvania, bounded and limited as follows, to wl!:: '" " BEGINNING at an frori''"pin at the northerly edge of a fourteen (14) font.aUev on the East side of 'South Washington 5t-reet at the property line of now or formerly of Grace B. Fogelsangei'; thence along property line nowor fonnerly of Grace B, FogeLsanger; Korth forty-cight (48) degrees one (01) minute West, a distance 01 ninety (90) feet to an iron pin at other land now or fonnerly of Grace B, Fogelsanger; thence by the same, North forty-one [41) degrees for,ty six (46) minutes EilS~ il dLstance oi thirty-three- ,md \1.I'enly.{j~'e hundredths 133.25) feet to an iron pin at Ime of land nt'lW or fonnerly of Lincoln B, ro~('1sanger; thence by thl" same.. South forty;elgl,lt' (48) Je~e5 one 101) minute East, a distance of ninety (90) feet to an iron pin at the northerly edge of the aforesaid public alley; thence along the aforesaid public alley, South fort"\' one (41) degree~ forty six 14tS) minu'tes West,. a oistance of thirty-three and tv/entv-iive hundredths (3315) feet to an iron pin; the praCeO! BEGI~JNG, Pursuant to survey of John H. McClellan. RegisteredSurveyor. laxP.1rcel#32-34-2413-021. mLETO SAID PREMtSESISVE.<;TED IN J,firey A. Lynch by reason oi the fol1owin~:, BEING the s.ome pmruses wluCll Conrad D. Peachey and Donna M.. Peache~~ husband and v.lfe bV Deed dated 6123/1998 and morded 7111 19!t8 iii the County of Cumberiand in Deed Book 180 page 566 conveyed unto Jeffrev 11.. I.vncb. AND BENG the ~me premises \vhich 'Conrad D. Peachey and Donna M. Peachey, husband and \~iie ?y Corrective Deed datea 7/24/199S and recorded 7f31f1998 in the County of Cumberland in Deed Book 182 page 510 conveyed unto Jeffrey A. Lynch. This Deed is being recorded in order to correel a faulty acknowledgement on the prel,iom-. Deed of _ Co~vey~~~._ ..J, '. v II'" -, '~1I_<,;' . ~ FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION vs. : NO. 00-5570 JEFFREY A. LYNCH 4 GRASSY ROAD KEY LARGO, FL 33037-3011 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiff and against JEFFREY A. LYNCH and, 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 8/1/00 TO 12/6/00 TOTAL $75,008.10 $1,870.08 $76,878.18 I hereby certify that (I) the addresses ofthe Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rule 237.1, copy attached. ~1J~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DATE: /'J /(~ lex') l ' DAMAGES ARE HEREBY ASSESSED AS INDICATED. "T111S 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 TillS DEBT WAS NOT REAFFIRMED, T111S CORRESPONDENCE IS NOT AND SHOVLDNOTBE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. " ~ FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 Two Penn Center Plaza Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. CUMBERLAND COUNTY JEFFREY A. LYNCH NO. 00-5570 Defendant(s) TO: JEFFREY A. LYNCH 4 GRASSY ROAD KEY LARGO, FL 33037-3011 DATE OF NOTICE: NOVEMBER 7. 2000 THIS FIRM IS A DEBT 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 enter a written appearance personally or by attorney and file in writing h the court your defenses or objections to the claims set fort inst you. Unless you act within ten (10) days from the da this notice, a Judgment may be entered against you withou aring and you may lose your property or other important r' You should take this notice to a lawyer at once. If you d have a lawyer or cannot afford one, go to or telephone t ollowing office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff - d, " .. FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff GMAC MORTGAGE CORPORATION : CUMBERLAND COUNTY Plaintiff : Conrt of Common Pleas vs. : CIVIL DmSION JEFFREY A. LYNCH : NO. 00-5570 Defendant(s) 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 JEFFREY A. LYNCH is over 18 years of age and resides at 4 GRASSY ROAD, KEY LARGO, FL 33037-3011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~=ie1)~ FRANK FEDERMAN Attorney for Plaintiff ~' < ~'i', .. (Rule of Civil Procedure No. 236 - Revised) GMAC MORTGAGE CORPORATION : CUMBERLAND COUNTY Plaintiff : Court of Common Pleas vs. : CIVIL DIVISION JEFFREY A. LYNCH : NO. 00-5570 Defendant(s) Notice is given that a Judgment in the above captioned matter has been entered against you on DECEMBER.L'{ .2000. B)';:, _AQ/}1Z- J) .~vJDEPUTY If you have any questions conceming this matter, please contact: FRANK FEDERMAN. ESOUIRE Attorney for Filing Party One Penn Center at Snburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 **TIllS 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 TIllS DEBT WAS NOT REAFFIRMED, TIllS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** lil " ~.. 0< .' .iit>i'~I~l>Ot;;;l<~"'~' ~, - ~,~-~ <" .~ ,~.~,,~ ,>~ " ,~^.. ,,~ ,,"','" tx> - ~ ~ ' o ~ . &, '~ ~ \I f' ,.--.., ~ -.- ~ ,. - , ~ ' , (J~ 0....0 :B ~F! ~ ~ ~'lC,;,'!C,':'-' (") c: -o~; 111X~ Z:---C) Zr;;: (f) <;';)' -< ~;~ r::::Ci ~(") 6::0 )>c: :z; =< .w o C)- O 01 C"J , ,,,-,,~ -, ~. " ... ~9~ ::n w --~"i'::D 'd\...rt ~,~~ 6rl"1 --, -,....;- :0 -< " - r:;, c..n .....1 , '..c.>o. ~002 ( I'" , \: 12/13/00 WED 15:14 FAX 2159231034 OCT-17-2000 12:35 CST. INC. P.02 c......";;Ic/.. ,;Vo_~OOr7D,....)-/ \" i'; DE FE.NDANT AFFIDAVIT OF SE1\vfCE GMP.C MOll.'rGAGE COR.PonlrroN I I JEli'FREY A. LYNCH i ! CUMBERLAND COUNTY PLAINT! FE' NO. 00-5570 TYPE OF ACTION XX Mortga'Je Foreclosure ~ Civil Action SERVE AT: 4 GRASSY ROloIl KEY LARGO, PI. ; I 33037-~0l1 ! 'i i'l 'I; SERVED I Served and made known to n pk..e=y ,tI. L.. y......c/I , Defendant on the /7 day f '"no' -:rd. , 2000, at /I:~o~d 0' clock, .J!l. M.,' at. JJ j) \!.Il". L4.e&o , Cit in t _ manner descr bed beJ.ow: e endant personally served_! Adult family member with who~ Defendan~) reside (5) . Relati.onship is 1~/(7"=L tSl.J ),;".,.sLe.7 Adult in charge Of De.en antIs residence who refused to a~ve 'name7relaticnship. \ - Manager/Clerk of place oE lo~ging in which Defendant(5) =eside(s) Agent or person in charge of iDe fend ant's office or. usual place of business. ' ; ~nd officer of said defendant , ~ i'L '1:; i,,;, company. Other: I, LJ~ A.'''Nto-J. a competent adult., being duly sworn according 1:0 l;:(w, depose and staee that I personally handed to PO~/...J n-AS<..;T _ a true and correct. copy of this flP7"~ M"'O~&-'" !i{~.;r~tpJ"";r....- issued in the captioned case on th~ date" S }1;$,_r.R~ <lfi'il1C~:iS i!,rli ~;tt.ed above - , ~./!:.~ C. Wlj.l,.lAM \,.Ai'lG'l'l',Wf ~ \ ~ ,>Cit;tlMMlJi~I\)II..CI':<l(.q:\ Swoen to and subscribed )~Df~ 1lXI'IW;1\J\\!blW . Sefore me, thi.s ..J:l- day ,.........."....y ~_ _0> Of tlJrJ:flMli,L' 2000. Notary: - IBy: NOT SERVEQ day at \ NOT fOUND becau5e~_ Unknown No Answer I I , I I i i I By: I I ATTORNEX OF PL INTIFF F NK FEoE~~, ESQUIRE Two Penn Center Plaza - Ph~ladelphia, PA 19102 (2lj5) 563-7000 I 2QOQ, at On t.he .M_, Defendant Moved Vacant Other: Sworn to and subscribed Before me the Of Notary: day , 2000. . - LD.UZ24S Su1.te 900 i i I I i TnTAI P , vI? _ ~.lIU!l a~~<ill!Fh-~_'~ i!lil_"'I_~1i:/f",.AA,"'M,"~fu'~J<'il!o,;,,~~1it~~ r:"~'i;"t}'i1\ )Dfl;~,~:~'__r"'t~~~Hi5}~~->;,.~'~,;r;~Jj::,;;^,:~k :,", x' ~~,IJ JWo' /' ,'; ,;J __'r'~,C;" ,~, '0" ,'._ ",~,~.J> - ~ --' ~~o>~",-, ,~ .1lliIiIIIIlIiiI..;-...."'" 0 (::;t <;?, C- o iE C) u,trJ P1 92 IT) n -,--. .J..i zr~ "c;rTl CI"),~. W S~~~ -<..,-~ ~'C; " ;';~ :S;;o :~t: -C ",~O )>C N ()Fil Z ~n ~ :< 5:J ..,J -< -"'.',- ~' 1!' 1'1 ' "h '"' PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND v. No. 00-5570 JEFFREY A. L YNCR Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $76.878.18 , Interest from 12/06/00 TO 03/07/01 $1.150.24 and Costs (per diem -$12.64 ) $78.028.42 TOTAL ;I{~~ FRANK FEDERMAN, ESQUIRE . ONE PENN CENTER at SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103 Attorney for Plaintiff Note: Please attach description of property. No. ~ - l'_'~~,,;""~. "~_~.."" "'. ~a~lti~~~I"""""~ .IIJ ,-'".' 'ill'" , "'~'}," . """,". ""'''i",,,i~~~'>< -" > "'"'' ,~'" ' , :> ~ '11 ~ r"'l... ~. ~ C'2: 0.. - S:.., ~ CD CD P.- == '" l"'Jl"'J ~ '" r"'l r"'l ... s: ~r"'l ~ ~~t;l ~ it;g t;l 0 ~g CD ~~~ ~ ~ ~ >'(j 0 ::1.0 ~ l:i~ >-3 {J ~~~ 9 ~i:':I ~ ~ r"'lo ~ CD CD ;;J '< ~~ g~ :xl~~ ~ ~ s ~~:> 8' < l"'J '2:r"'l N '"' 1"- ?' 0 ~ o :xl. "ti Sl .., r"'l ~o 0 ~ 0 t"' p; ~ 0 ~ 0 cr' fJ~~ 0 ~ s: :> CD ~. a ~~ ~ "tiS: '" ~ l"'J '2: ~ ~ ~. l"'Jo .... r"'l i:i:l r"'l ~ =: .. ~ 0 '2:'2: CD ~ =: ~ '2:"ti po .... ~ r"'l ~t"' C .., ~l"'J .., ... t"':> ... 0 ~~ 0 '2: '2: ...~ :> ~','";r",":J L ~,~ __,~""~',_"., ,,,'_'_',, ~""""~""""" _ _"~ _h" ~, .II ~"b" ~~ ~~~l..U~~ilc.~~"~.,"~.~,~ ~ _' _. I. ,..~" " *.........._ ~~ ~ . ~",~_ ALL th~t following described lot of ground situate, lying and being in Shippensburg Borough, COI~ty of Cumberland. Commonwealth of Pennsylvania, bounded and limited as follows, to wit: BE. INNING at an iron pin at the northerly edge of a fourteen (14) foot alley on the East side of S th Washington Street at the property line of now or formerly of Grace B. Fogelsanger; thence . ong property line now or formerly of Grace B. Fogelsanger; North forty-eight (48) degrees one 01) minute West, a distance of ninety (90) feet to an iron pin at other land now or formerly of Grace B. Fogelsanger; thence by the same, North forty-one (41) degrees forty six (46) minutes East, a distance of thirty-three and twenty-five hundredths (33,25) feet to an iron pin at line of land now or formerly of Lincoln B. Fogelsanger; thence by the Same, South forty-eight (48) degrees one (01) minute East, a distance of ninety (90) feet to an iron pin at the northerly edge of the aforesaid public alley; thence along the aforesaid public alley, South forty one (41) degrees forty six (46) minutes West, a distance of thirty-three and twenty-five hundredths (33,25) feet to an iron pin, the place of Beginning, ~'il~'" Pursuant to survey of John H. McClellan. Registered SurveyoL i , I'. Tax Parcel #32-34-2413-021 TITLE TO SAID PREMISES IS VESTED IN Jeffrey yynCh by reason of the following: BEING the same premises which Conr~d D, P~8,chey and Donna Nt Peache~, husband and wife by Deed dated 6/23/1998 and recorded 7/1/1998 in,the'County of Cumberland III Deed Book 180 page 566 conveyed unto Jeffrey A, Lynch. AND BEING the same premises which Conrad D. Peachey and Donna M. Peachey, husbandan~ wife by Corrective Deed dated 7/24/1998 and recorded 7/31/1998 in the County of Cumberland-Ill Deed Book 182 page 510 conveyed unto Jeffrey a Lynch. This Deed is being recorded in order ;0 correct a faulty acknowledgement on the previous Deed of Conveyance. i ].-<iii~O" L~ '. "~~~~_t.IiWI:1i~ilIMilIIl.lli_l'lijdifljl!lftmM",:r"~<,&,;w~n,~.J#'",,,.,,.~~~~ ~- ~~ , '(- , - < ~ l_lIlli/J ..C (' i 1X ~ ~ ~ ~ -lC. (") 0 ~ ....... ~ C:) .~ ~ -;::. ,Iv ..0 h r- ~ s. r::, l'Jrf? ~ :! ~ , ~ , , mr~::, C") ~=,J ....... --- D B () C\ . z:.:;;;, ~ ..... ~ D ~ () 21'-" ...--,-0 ..... ,.. 1-J ~?l w '; l,',~<i ~ a. I , , ()- ~C -::--~C) 5:0 " ~""7, -""" ,'. "T"l ""V Q' ?'- 0} ~~ ;;:;;0 ~;~ -..J c ~ I'- ..... ~ ";::I , ~ ..... ..... ... ':.>'1 , .. ",-' ... ...., _:0 ,~ -< . . , ... "" .. - '"' ..... ':f ~,~[.,,;:Ll-f,;),~,~,J.,,;J,", ~':,:~,~L))l~I~~~";',l":~ffj!J )~lJj",.."",_" ',1!", '-""~ ". ,n ,'_ ~'_', ~,~_" .. _,,', ,"",__ .t," ,". " m "---~ " ~" ., GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS JEFFREY A. L YNCII CIVIL DIVISION Defendant(s). NO. 00-5570 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) GMAC MORTGAGE CORPORATION, Plaintiff in 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 38 MIDDLE SPRING AVENUE. SHIPPENSBURG. P A 17257. 1. Name and address ofOwner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) JEFFREY A.LYNCH 4 GRASSY ROAD KEY LARGO, FL 33037 2. Name and address ofDefendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and 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 so indicate.) None ~~ __ C~_ ~,....... ., -~, "~ ":&1>,. / ~ 4. Name and address ofthe last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 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 so 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 reasimably ascertained, please so indicate.) None "i 7. Name and address of every other pt;rson 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 so indicate.) Tenant/Occupant 38 MIDDLE SPRING AVENUE SHIPPENSBURG, P A 17257 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 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. December II. 2000 DATE K~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff tMi!diIII' -~-'.:- .. ~. t...~ ~';<1WM:'~~i'i'i~~1 ~'.._." "'c""q~_ ""~','_'" L~ .' Co .' - ~ - " ._,"" "'~,- .,",;~~~"- -.", +~"'~IilIlfiIiIiii' .",~- ~ , , . ~ (') 0 0 C C.> .','1 :::;~ r:~ -or;,') f'1 nlr:-1 c-:> -,.,- Z-=rJ .-.; :I1 Z\;' (,,0 ':~:J \"" 0:?~ \~~:i C:CJ u ~o ~ ~~~~ -0 ~ ;Pc -! Z "!-~~ =< (J'l :g .,.,j ""- ~ ,~. ... ~ " ,. GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 00-5570 JEFFREY A. LYNCH Defendant(s). December II, 2000 TO: JEFFREY A. LYNCH 4 GRASSY ROAD KEY LARGO, FL 33037 "THIS FlRM 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 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 38 MIDDLE SPRING AVENUE, SHIPPENSBURG, PA 17257, is scheduled to be sold at the Sheriffs Sale on MARCH 7, 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for the JUNE 7. 2001 Sheriffs Sale. 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: l. 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. Ifthe 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, P A 17013 (717) 249-3166 (800) 990-9108 --. '_,d,), , "'Ii'i''j'f-;!.": , '" ALL that following described lot of ground siruate, lying J.Ild being in Shippensburg Borough, Coumy of Cumberland, Commonwealth of Pennsylvania, bounded and limited as follows, to wit: / BE r:--i:--ir:--lG at an iron pin at the northerly edge of a fourteen (l~) foot alley on the East side of S th W:lshington Street at the property line of now or fonnerly of Grace B. Fogelsanger; thence ong property line now or fonnerly of Grace B. Fogelsanger; North forry-eight (48) degrees one 01) minute West, a distance of ninety (90) feet to an iron pin at other land now or fonnerly of Grace B Fogelsanger; thence by the same, North forry-one (~l) degrees forty SL"{ (~6) minutes East, a distance of thirtv-three and twemv-five hundredths (33.25) feet to J.Il iron Din at line of land now '. . or fonnerly of Lincoln B. Fogelsanger; thence by the same, South forty-eight (~8) degrees one (01) minute E:!sc, a distance of ninety (90) feet to an iron pin at the northerly edge of the aforesaid public alley: the:1ce along the aforesaid public alley. South forty one (~l) degrees iorty six (~6) minutes West. a distance of thirty-three and twenty-five hundredths (33,25) feet to an iron pin, the place of Beginning. Pursuant to sur"e" of John H. McClellan. Registered Surve::or. Tax Parcel .if32-3~-2~ 13-021 TITLE TO S:\[o PREy([SES IS VESTED I:--i Jeffreyrynch by reason of the following; . '. . 'h'cn' Conr"d D Pe:lchev and Donna NI. Peache\'. husband and wife by BEI~G the same premIses w I ~'. : 180 cr Deed dated 6123;1998 :md recorded 711/1998 in the Coumy of Cumberland III Deed Book paee 566 conveyed umo Jeffrey :\. lynch. . . . C d D P h nd Donna M Peachev husband and A:'-iD BEI:'-iG the same premIses whIch onra . eac ey a . . _ , . wife bv C~rrective Deed dated 712~/1998 and recorded 7/31/1998 in the County of Cumberland III Deed Book 182 page 510 conveyed unto Jeffrey a Lynch. This Deed is being recorded in order to correct a faulty acknowledgement on the previous Deed of Conveyance. .,- ~-- , '-< Jl!Jf"uJirt,Wf;liJ "~- -,= , ~fill!_llillltliliillilhf.J.~~I!I.~*~~ ,. ",",,",.~' '"'U--.__ - " 6 " (') Cl f, C 0 '-.' ,",' 'Tl "'O-~ 0 U' ,-', ., ml~ -r' z:i; C"') r," ,-::.;;: Zr- ;~ (fJ .:r> c..c) ~;j -<2 '.,"'; (~)1-'-' \20 ;:') ,! ,,~) )> ~ r::: ::;~i ZC .. (') )>C r:;.;r C N C::J in Z U1 :};! =<! ',.,j :0 ~~ ~"~ ~ "-"', m ,/ /'" ,/ ,n FEDERMAN and PHELAN By: F~FEDERMAN Identification No. 12248 Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DMSION JEFFREY A. LYNCH NO. 00-5570 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: (X) an FHA mortgage () non-owner occupied () vacant () 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. ~ ~-1dtk- _ FRANK FEDERMAN, ESQUIRE- Attorney for Plaintiff ~~. - ~,tplr'" 'J I'; ',] ;', ;:-j t' ":j i ~ I",' i I i ....:'j.' -""~..,,~ "~~"'",,'.Jjj U.!ib<~ Ji!i.j:Clll1iii\!J;t~~!iMiMliiill!il&I' -".", ,-~ ~.- ^" ~ "-. -...;;, '~--' 'U1 n c ~ '- -oW mrn Z--,-.., ,A-' ~~: ~"-,! ~o >8 -/ ~ JilrntA. ..".'"..............................................- , ',',,' . .- - " ' , . " c:, c;;> ~~ i:--i () " --:;,--., 'c;:;;;;: ,;~ ~:~.~~ I';,,~ ::1 '::.;,::Ci on! ~ :D -< (,C ''''''0 -'" N :,.,., ...J '1 , FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SillTE 900 PHILADELPHIA, PA 19102 (? 1 'i) 'ili1-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SillTE 150 HORSHAM, PA 19044 TERM Plaintiff v. NO. 00- ~S1D (lio~L '-r~ CUMBERLAND COUNTY JEFFREY A. LYNCH 38 MIDDLE SPRING AVENUE SHIPPENSBURG, P A 17257 Defendant( s) C1VTT, ACTTON - T,AW MORTGAGF, FORRCT ,OSTJRR NOTTCR *'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 TIDS 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 TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB 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 #: 306077994 J;'"~ --tilii;' , 1. Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 2. The name(s) and last known addressees) of the Defendant(s) are: JEFFREY A. LYNCH 38 MIDDLE SPRlNG AVENUE SHIPPENSBURG, PA 17257 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 6/24/98 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. 1464, Page 845.Said mortgage was modified as set forth in the modification agreement dated 2/17/00, in Mortgage Book No.638, Page 192. By Assignment of Mortgage dated 4/16/99 the mortgage was assigned to the PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 1431, Page 562. 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 3/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. "'= - c :to' 6. The following amounts are due on the mortgage: Principal Balance Interest 2/1/00 through 8/1/00 (Per Diem $14.61) Attorney's Fees Cumulative Late Charges 6/24/98 to 8/1/00 Cost of Suit and Title Search Subtotal $68,796.75 2,673.63 3,439.00 99.52 .5..5J1..O.Q 75,558.90 Escrow Credit Deficit Subtotal 550.80 Jl.ill) 5.iQJI.Q TOTAL $75,008.1 0 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 Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. The mortgaged premises is =ant and ahannonen. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $75,008.10, together with interest from 8/1/00 at the rate of$14.61 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. I<~}--~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff - ~~ _oj;, ~.l ..,' , ALL that fo21owin9 descr~bed 20t o~ ground s~tuata, ~ying and being in Shippensburg Borouqh, county of cumberland, Commonwealth of pennsy~van~a, bounded and 1~mited as fo~~ows, to wit: DEGINN~NG at an iron p~n at the northerly edge of a fourteen (14) foot a~~ey on the East side of sou~ W_shinqton Street at the property line of now or formar~y of, GraOe B. Foge1sangeri thence a~ong property line now or ~ormer~y Of Grace B. Foge~sanqer; North forty-eight (48) ~egrees one (01) minute West, a distance of ninety (90) feet to an iron pin at other 1and now or fo~erly of Grace B. Foqe~sanqer; thence by the same, North forty-one (41) degrees forty six (46) minutes East, a d~stance or thirty-three and twenty-five hu.ndred:ths (33.25) .t'eet to an i.ron p~n at ~ine of 1and now or former1y of Lincoln B. ,Foge~sanqer; thence by the same, South forty-eight (48) degrees one (01) minute East, a distanoe of ninety (90) ~eet to an iron pin at the norther~y edge o~ the aforasa~d pub1ic al1ey; thence a10ng the afore~a~d pub~ie a11ey, South forty one (4~) aegrees rorty six (46) ~1nutes west, a a1stance of thirty-three and twent?-five hundredths (3~.25) feet to an iron pin, the plaoe o~ BEGINN~NG. Pursu~nt to sur~ey of John H. McClellftn, Re9istered surveyor. This deed is beinq recorded in order to correct a faulty ackno~2edqement on the previous deed of conv8yance~ Therefore ~t i.s ta')( exempt. XT BE~NG the same premises which Oaupnin Deposit Bank and TrUGt company, Trustee o~ the ,1ast Wi11 ana Testament of George H. Wolf deceased, by d.eed aated January 6, 19841 and. recorded Janu~ry 10, 1984 in the O~~ice o~ the Reco~aer of Deeds in and fo%.' cumber~and County, Jil'ennsy1van.ia, in Deed Book Vo~ume IIN" 30, P~ge 235, conveyea unto CONRAD D. PEACHEY and DONNA M. PRACHE~ husban~ and wife. AND the sa~d Grantor3 QO here~y warrant specia~1y the property here:l..n conveyed. _ ~H W%TNESS WHEREOF, ~he Grantors have $e~ their hands and seals the day and year ~~rs~ above ~ritten. PRMISES; 15 S, 'WASHINGTON STREET SHIPPENSBURG,PA 17257 ....;.:-.~' ~'-~O" '"~~ olJI'~ ' '11]~'~""~ ,- --.;....~ .~~ ~ ~ ~--~'.:i" .' , VERIFICATION SHIRLEY J. EADS hereby states that she is FORECLOSURE SPECIALIST ofGMAC . 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 unsworn falsification to authorities. .' " DATE: r/1/0lJ I I . - ~rlir~' .-.=~W~"'","~ '~~~*~!_Jlj,j~i&.i-~C"il;;"~;:f10/l><i1l,.,;,r"",ijj,;~~!~;ill"~~ "<) ~ ~ ~='Jfr - ~. IIl~ , ......Mdi".,... ---- - ~ ~ ~ ~.r ~ I~ ~ ht ~ 0 ~ 0 Vl I :Z ~ ~ J (') c <'" -005 rnrr Z'x; 2~r;' OJ ..~< -...L ~CJ ~-;.-"' zt...I )>0 C Z =< o Cl ". c:: w~) o -n :.:::5 i";lp ~~? ::"-;:l~ ~~ s;! 22 "'- ::z 1':> ()) " '- 8