HomeMy WebLinkAbout01-0035 FX
FEDERMAN AND PHELAN, LLP
By: FRANK FEDERMAN, ESQUIRE
IDENTIFICATION NO. 12248
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHNF. KENNEDY BOULEVARD
SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CNIL DNISION
GMAC MORTGAGE CORPORATION OF PA
500 ENTERPRISE ROAD,
SUITE 150
HORSHAM, PA 19044
TERM
Plaintiff
NO. 0\-35
v.
CUMBERLAND COUNTY
KENNY E. JOHNSON
CONNIE L. LEHMAN..
144 NORTH MIDDLESEX ROAD
CARLISLE, PA 17013
Defendant( s)
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
NOTICE
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY
RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT
A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. **
You have been sued in Court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this Complaint and Notice are served,
by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to
do so the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE,PA 17013
(717) 249-3166
Loan #: 450018890
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1. Plaintiff is
GMAC MORTGAGE CORPORATION OF PA
500 ENTERPRISE ROAD,
SUITE 150
HORSHAM, PA 19044
2. The name(s) and last known address (es) of the Defendant(s) are:
KENNY E. JOHNSON
CONNIE L. LEHMAN
144 NORTH MIDDLESEX ROAD
CARLISLE, PA 17013
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
3.
On 10/24/94 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the
Recorder of CUMBERLAND County, in Mortgage Book No. 1239, Page 691.
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 8/1/00 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. A copy of such notice is attached as Exhibit "A."
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6. The following amounts are due on the mortgage:
Principal Balance
Interest
7/1/00 through 12/1/00
(per Diem $27.97) .
Attomey's Fees
Cumulative Late Charges
10/24/94 to 12/1/00
Cost of Suit and Title Search
Subtotal
$111,887.23
4,307.3 8
4,000.00
244.09
550.00
$120,988.70
Escrow
Credit
Deficit
Subtotal
0.00
269.16
$ 269.16
TOTAL
$121,257.86
7. The attorney's fees set forth above are in conformity with the Mortgage documents and
Pennsylvania Law, and will be collected in the event of a third party purchaser at
Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees
will be charged.
8. This action does not come under Act 6 of 1974 because the original mortgage amount
exceeds $50,000.00.
9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as
required by 35 P,S. 9 1680A03c on the date(s) set forth in the true and correct copy of
such notice(s) attached hereto as Exhibit "k"
10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance
Program, Act 91 of 1983, has terminated because either:
(i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit
Counseling Agency in accordance with Plaintiffs written Notice to Defendants,
a true and correct copy of which is attached hereto as Exhibit "A"; or
(ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania
Housing Finance Agency.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of
$121,257.86, together with interest from 12/1/00 at the rate of$27.97 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.
~~
/ s/ Frank Federman
FRANK FEDERMAN, ESQUIRE
Attomey for Plaintiff
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GMAC Mortgage Corporation
P.O. Box 85071
San Diego, CA 92186-5071
3451 Hammond Ave
P.O. Box 780
Waterloo, IA 50704-0780
Servicing
GMAC
Mortgage
Dare: October 13, 2000
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
Thi. is an official notice that the mortl!ll2e on your home iJ in default. and the lender inteuds to foreclose.
Specific information about the nature of the default is provided in the attached pal!Cs.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM CHEMAP) may be able to help to save your
home. This Notice explains how the prOl!J'am works.
To see ifHEMAP ean,help. yOU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY
\\lmIN 30 DAYS OF mE DATE OF THIS NOTICE. Take this Notice with YOU when yOU meet with the
Counse6n2 A2encv.
The name. address and phone number of Consumer Credit Counse6n2 A2eneies servin2 Your County are
listed at the end oUhis Notice. If yOU have any Questions. YOU may can the Pennsylvania HOusin2 Finance
A2encv ton free at 1.800.342.2397. (Persons with impaired hearin2 ean call (717) 780-1869).
This Notice contains important legal information. If you have any questions, representatives at the Consumer
Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your
area. The local bar association may be able to help you fiDd a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION ImIEDIATAMENTE LLMIANDO ESTA AGENCIA
(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO
ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMAOO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE
SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDI~nR SU BIPOTECA
HOMEOWNER'S NMIE(S):
PROPERTY ADDRESS:
KENNY E. JOHNSON
144 N MIDDLESEX RD
CARLISLE, PA 17013-8493
LOAN ACCT. NO.:
ORIGINAL LENDER:
CURRENT LENDERlSERVICER:
450018890
N/A
GMAC Mortgage Corporation
EXH\B\T A
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GMAC Mortgage Corporation
P:O. Box 8507f
San Diego, CA 92186-5071
3451 Hammond Ave
P.O. Box 780
Waterloo, IA 50704-0780
Servicing
GMAC
Mortgage
Dmc: October 13, 2000
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the mortl!llee on vourhome is in default. and the lender intends to foreclose.
Specific information about the nature of the default is provided in the attacbed Paees.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAl') mav be able to help to save vour
home. This Notice explains how the proeram works.
To see ifHEMAP can help. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY
WITHIN 3l) DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou whep vou meet with the
Counseline Aeencv.
The name. address and phone uumher of Consumer Credit COllnseline Aeencies servine vour County are
listed atthe end ofthis Notice. Ifvoll have anv auestions. vou mav call the Pennsvlvania HOllsine Finance
Aeencv toll free at 1.800-342.2397. (Persons-with impaired hearine can call (717) 780-1869).
This Notice contains important legal information. If YOIl have any questions, representatives at the Consumer
Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in YOllr
area. The local bar association may be able to help you find a lawyer.
I~A NOTIFICACION EN ADJUNTO ES DE SUMA WpORT ANCIA, pUES AFECT A SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. SI NO COMpRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION I~IEDIATAMENTE LLAMANDO EST A AGENCIA
(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO
ARRIBA. pUEDES SER ELEGIBLE PARA UN pRESTAMO pOR EL pROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL pUEDE
SAL V AR SU CASA DE LA pERDIDA DEL DERECHO A REDI~nR SU HII'OTECA
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
CONNIE L. LEHMAN
144 N MIDDLESEX RD
CARLISLE, PA 17013-8493
LOAN ACCT. NO.:
QRIGINAL LENDER:
CURRENT LENDERlSERVICER:
450018890
N/A
GMAC Mortgage Corporation
; EXHIBIT l:
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HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE.
ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE
ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES
YOUR CONTROL,
IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER EliGIBILITY REQIDREMENTS ESTABliSHED BY
THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a tempoIary stay offoreclosure
on your mortgage for thirty (30) days from the date of this Notice. During that time you must arIange and attend a
"face-to-face" meeting with one ofthe consumer credit counseling agencies listed at the end of this Notice. THIS
MEETING MUST OCCUR WITIDN THE NEXT (30).DAYS. IF YOU DO NOT APPLY FOR EMERGENCY
MORTGAGE ASSISTANCE. YOU MUSTBRINGYOUR MORTGAGE UP TO DATE. THE PART OF THIS
NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR
MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSEliNG AGENCIES -- If you meet with one of the consumer credit cOlmseling
agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date
ofthis meeting.The names. addresses and telephone numbers of desil!llated consumer credit counseling agencies for
the county in which the property is located are set fonh at the end of this Notice. It is only necessary to schedule one
face-to-face meeting. Advise your lender inunediatelv of your intentions.
APPliCATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons se!forth later
in this Notice (see following pages for specific infonnation about the nature of your defaull.) If you have tried and
are 'Mable to resolve this problem with the lender, you have the right to apply for fmancial assistance from the
Homeowner's Emergency Mortgage Assistance Progrnrn. To do so, you mllst fill out, sign and file a completed
Homeowner's Emergency Assistance Progrnrn Application with one of the designated consumer credit cOlmseling
agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the
progrnrn and they will assist you in sllbmitting a complete application to the Pennsylvania Housing Finance Agency.
Y ollr application MUST be filed or postmarlced within thirty (30) days of yo II face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT
FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY
PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE
ASSISTANCE WILL BE DENIED.
AGENCY ACTION .- Available fimds for emergency mortgage assistance are very limited. They will be disbursed
by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has
sixty (60) days to make a decision after it receives your application. Dtrring that time, no foreclosure proceedings
will be pursued against you if you have met the time requirements set forth above. You will be notified directly by
the Pennsylvania Housing Finance Agency of its decision on your application.
EXHIBIT A
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NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FlUNG OF A PETITION IN BANKRUPTCY,
THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND
SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT lBrin2 it uo to date).
NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender is on your property located at:
144 N Middlesex Rd Carlisle, PA 17013-8493 IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due: August 1, 2000 through October 1, 2000.
See attached Exhibit for payment breakdown.
Monthly Payments
Late Charges
NSF
Inspections
Other
Suspense
3,448.47
97.64
0.00
0.00
0.00
TOTAL AMOUNT PAST DUE:
3,546.11 /
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use ifnot applicable):
HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of this
notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS
$ 3, 546 .11 ,PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME
DUE DURING THE THIRTY (30) DAY PERIOD. Pavments must be made either bv cash. cashiets check.
certified check or monev order made pavable and sent to:
Payment Processing
GMAC Mortgage Corporation
PO Box 780
Waterloo, IA 50704-0780
You can cure any other defaldt by taking the following action within THIRTY (30) DAYS of the date of this letter:
(Do not use ifnot applicable.) N tAl' bl
o pp lca e
IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS ofthe date
of this Notice, the lender intends to exercise its ri2hts to accelerate the mortl!llfce debt. This means that the entire
outstanding balance of this debt will be considered due inunediately and you may ose the chance to pay the
mortgage in monthly installments. If filll payment of the total amount past due is not made within THIRTY (30)
DAYS, the lender also intends to instmct its attorneys to start legal action to foreclose upon vour mortl!lleed
prooertv .
IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to payoff
the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender
begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were
actually incurred, up to $50.00. However, iflegal proceedings are started against against you, you will have to pay all
reasonable attorney's fees actually incurred by the lender even ifthey exceed $50.00.Any attorney's fees will be
added to the amount you owe the lender, which may also include other reasonable costs.
Ifvou cure the default within the TIDRTY (30) DAYS period. vou wm not be reauired to pav attorney's fees.
EXHIBIT A
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OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all
other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within
the THIRTY (30) DAY period and foreclosure proceedings have be&J!ll, vou still have the ri211t to cure the defa,dt
and prevent the sale at any time UP to one hour before the Sherift's Sale. You may do so 1?v pavin~ the total amount
then past due. plus any late or other chartles then due. reasonable attorney's fees and costs connected with the
foreclosure sale and any other costs connected with the Sheriff's Sale as soecified in writiril! bv the lender and bv
Performing anv other reQuirements under the mortl!age. Curing your default in the manner set forth in this
notice will restore your mortgage to the same position as if you had never defaulted.
EARliEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that sllch a Sheriff's Sale
ofthe mortgaged property could be held would be approximately six (6) months from the date of this Notice. A
notice of the actual date of the Sherift's Sale will be sent to you before the sale. Of course, the amOlmt needed to
ClU"e the defa,dt will increase the longer you wait. You may fmd out at any time exactly what the required payment
or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender:
Address:
GMAC Mortgage corporation
401 Mile of Cars Way
National City, CA 91950
Phone Number:
Fax Number:
Contact Person:
(800) 850-4622
(619) 470-5579
Collection Department
EFFECT OF SHERIFF'S SALE -- You should realize that a Sherift's Sale will end your ownership of the
mortgaged property and your right to OCCl'py it. If you contimle to live in the property after the Shenff's Sale, a
lawsuit to remove you and your Ihrnishings and other belongings cOldd be started by the lender at any time.
ASSUMmON OF MORTGAGE -- You mayor may Dot sell or trnnsferyour home to a buyer or trnnsferee who
will assume the mortgage debt, provided that all the outstanding payments, cha!ges and attorney's fees and costs are
paid prior to or at the sale and that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HA VB THE RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAYOFF THIS DEBT.
TO HAVE THIS DEF AUL T CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO
CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR
ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS,
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE
LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSEliNG AGENCIES SERVING YOUR COUNTY IS ENCLOSED
EXHIBIT A
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EXHIBIT
August 1, 2000 @
September 1, 2000 @
October 1, 2000 @
1,149.49
1,149.49
1,149.49
EXHIBIT A
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PENNSYLVAJ'iIA HOUSING FINANCE AGENCY
HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
(REV. 8(00)
CLINTON COUNTY
CCCS ofNorthtllStern P A
1631 South Atherton St.. Suite 100
State College, PA 16801
(814) 238-3668 FAX (814) 238-3669
Lycoming-Clinton Counties Commision for
Community Action (STEP)
2138 Lincoln Street P.O. Box 1328
Williamsport, P A 17703
(570) 326-0587 FAX (570) 322-2197
CCCS of Northeastern P A
20 I Basin Street
Williamsport, P A 17703
(570) 323-6627 FAX (570) 323-6626
COLUMBIA COUNTY
1400. Abington Executive Park
Suite t
Clacks Summit. PA 18411
(570) 587-9163 or (800) 922-9537
FA-X (570) 587-9134-9135
31 W. Market Street
POB 1127
Wilkes-Barre. P A 18702
(570) 821-0837 or (800) 922-9537
FAX (570) S21-1785
Commission on Economics Opportunity of Luzerne County
163 Amber Lane
Wilkes-Barre, P A 18702
(570) 826-0510 or (800) 822-0359
FAX (570) 829-1665-(CalI8efore Faxing)
(570) 455-4994 Hazeltown
FAX (570) 455-5631-(Call Before Faxing)
(570)836-4090 Tunkhannock
CRAWFORD COUNTY
Greater Erie Community Action Committee
18 West gih Street
Erie, PA 16501
(814) 459-4581 FAX (814) 456-0161
Booker T. Washington Center
1720 Holland Center
Erie, P A 16503
(814) 453-5744 FAX (814) 5749
John F. Kennedy Center, Inc.
2021 East 20th Street
Erie. PA 16510
(814) 898-0400
FAX (814) 898-1243
Shenango Valley Urban League, Inc.
601 Indiana Avenue
Farrell, PA 16121
(412) 981-5310
CUMBERLAND COUNTY
Financial Counseling Services of Franklin
31 West 3rd Street
W.yoesbora, P A 17268
(717)762-3285
eees of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Urban League of Metropolitan Harrisburg
N.6tbStreet
Harrisburg, PA 17101
(717) 234-5925 FAX (717) 234-9459
YWCA of Carlisle
301 "G" Street
Carlisle, PA 17013 .
(717)243-3818 FAX (717) 731-9589
Community Action Comm of the Capital Region
1514 Deny Street
Harrisburg. PA 17104
(717)232-9757 FAX (717) 234-2227
Adams County Housing Authority
139-143 Carlisle 5t.
Gettysburg, P A 17325
(717) 334-1518 FAX 334-8326
PENNSYL V Ai'lIA BULLETIN, VOL. 29, NO. 23, JUNE ;, 1999
EXHIBIT A
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ALL THAT CERTAIN unimproved tract of land Situate in Middlesex Township, Cumberland
County, Pennsylvania, bounded and described in accordance with surveys prepared by Larry V.
Neidlinger, P.E., and being dated February 22, 1987, and June 3, 1991.
BEGINNING at a point in the center of L.R. 21011 North Middlesex Road at the comer of Lot 2A
on the above-mentioned survey and about to be conveyed to Robert J. Jones; thence along Lot 2A
North 84 degrees 16 minutes West 702.59 feet to an iron pin; thence continuing along Lot 2A North
15 degrees, 36 minutes, 25 seconds East 117.49 feet to a post; thence along lands of Mrs. Harry
Jones South 85 degrees, 01 minute, 56 seconds East 689.24 feet to a point in the center line of L.R.
21011 North Middlesex Road; thence along the center line of 21011 South 8 degrees, 48 minutes 52
seconds West 125.14 feet to a point, the place of beginning.
CONTAINING 1.921 acres and being Lot #2 on the Final Subdivision Plan for Robert J. Jones
recorded in Plan Book 55, page 134.
SUBJECT TO AND TOGETHER with an access easement for ingress and egress of persons and
vehicles as follows:
BEGINNING at a point in the center of L.R. 21011, North Middlesex Road and corner of Lot #3;
thence along Lot #3 North 84 degrees, 16 minutes West 708.61 feet to a post; thence through Lot
2A North 15 degrees 36 minutes 25 seconds East 50 feet to a pin; thence along Lot #2 South 84
degrees 16 minutes East 702.59 feet to a point in the center of L.R. 21011, North Middlesex Road:
thence along the center line of 21011 South 8 degrees 48 minutes 52 seconds West 50.00 feet to a
point, the place of beginning.
Tax Parcel # 21-06-00l7-026B
PREMISES: 144 NORTH MIDDLESEX ROAD
. .
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VERIFICATION
FRANK FEDERMAN, ESQUIRE hereby states that he is attorney for Plaintiff in
this maner, that Plaintiff is outside the jurisdiction of the court and/or the verification
could not be obtained within the time allowed for the filing ofthe pleading, that he is
authorized to make this verification, and that the statements made in the foregoing Civil
Action in Mortgage Foreclosure are true and correct to the best of his 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.
~r~
DATE:
//2/01
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-00035 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GMAC MORTGAGE CORP OF PA
VS
JOHNSON KENNY E ET AL
DAWN KELL
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
was served upon
says, the within COMPLAINT - MORT FORE
JOHNSON KENNY E
the
2001
DEFENDANT
, at 0018:27 HOURS, on the 5th day of January
at 144 NORTH MIDDLESEX ROAD
CARLISLE, PA 17013
by handing to
KENNEY E. JOHNSON
a true and attested copy of COMPLAINT - MORT FORE
together with
NOTI CE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
3.10
.00
10.00
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31.10
Sworn and Subscribed to before
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~1 Jl- C. 'nu lh", tJ!f"f
rothonotary
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So Answers:
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R. Thomas Kline
01/08/2001
FEDERMAN & PHELAN
By:
UlAm ~. ~Q
Deputy Sheriff
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SHERIFF'S RETURN - REGULAR
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! CASE NO: 2 001 - 0 0 0 3 5 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GMAC MORTGAGE CORP OF PA
VS
JOHNSON KENNY E ET AL
DAWN KELL
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
LEHMAN CONNIE L
the
DEFENDANT
, at 0017:58 HOURS, on the 5th day of January ,2001
at MARKET CROSS PUB
113 N. HANOVER ST
CARLISLE, PA 17013
by handing to
CONNIE LEHMAN
a true and attested copy of COMPLAINT - MORT FORE
together with
NOTICE
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
.00
.00
10.00
.00
16.00
r~"~~~~
R. Thomas Klin
01/08/2001
FEDERMAN & PHELAN
Sworn and Subscribed to before
By:
~~~ ~
Deputy Sheriff
me this /0 ~ day of
~A"', .;lfnJ/ A.D.
q;t;'" IJ. J1",#I; A ~1f
P othonotary ,
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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
OFPA
500 ENTERPRISE ROAD, SUITE 150
HORSHAM, PA 19044
Attorney for Plaintiff
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
Plaintiff
: CIVIL DIVISION
vs.
: NO. 01-35
KENNY E. JOHNSON
CONNIE L. LEHMAN
144 NORTH MIDDLESEX ROAD
CARLISLE, P A 17013
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 KENNY E. JOHNSON
and CONNIE L. LEHMAN, 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 12/1/00 to 217101
$121,257.86
$1,929.93
TOTAL
$123,187.79
I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above,
and (2) notice has been given in accordance with Rule 237.1, cO~hed~
k ~Jl
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
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DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE: ().2~O ~.(] /
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE. IF YOU HAVE I'REVIOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY AND TillS DEBT WAS
NOT REAFFIRMED, TillS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT
A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. **
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(Rule of Civil Procedure No. 236 - Revised)
GMAC MORTGAGE CORPORATION
OFPA
: CUMBERLAND COUNTY
: Court of Common Pleas
Plaintiff
: CIVIL DIVISION
vs.
: NO. 01-35
KENNY E. JOHNSON
CONNIE L. LEHMAN
Defendant(s)
Notice is given that a Judgment in the above captioned matter has been entered against you on
FEBRUARY ,2000.
B
If you have any questions concerning this matter, please contact:
FRANK FEDERMAN, ESQUIRE
Attorney for Filing Party
One PelUl Center at Suburban Station
Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
**TIDS 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, TillS IS NOT
AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY
ENFORCEMENT OF A LIEN AGAINST PROPERTY, **
'-"""
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.
FEDERMAN and PHELAN
By: FRAJ{KFEDERMAN
Identification No. 12248
One Penn Center at Suburban Station
Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
Attorney for Plaintiff
GMAC MORTGAGE CORPORATION
OFPA
: CUMBERLAND COUNTY
: Court of Common Pleas
Plaintiff
: CIVIL DIVISION
vs.
: NO. 01-35
KENNY E. JOHNSON
CONNIE L. LEHMAN
Defendant(s)
VERIFICATION OF NON-MILITARY SERVICE
FRAJ{K 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 KENNY E. JOHNSON is over 18 years of age and resides at 144
NORTH MIDDLESEX ROAD, CARLISLE, P A 17013.
(c) that defendant CONNIE L. LEHMAN is over 18 years of age, and resides at
MARKET CROSS PUB,113 NORTH HANOVER STREET, CARLISLE, PA 17013.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating
to unsworn falsification to authorities.
1;1iL1t~ 11JihAfU4\
FRAJ{K FEDERMAN
Attorney for Plaintiff
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FEDERMAN AND PHELAN, L.L.P.
Frank Federman, Esquire
Identification No. 12248
One Penn Center Plaza at
Suburban Station, Suite 1400
Philadelphia, PA 19103-1799
(215) 563-7000
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
GMAC MORTGAGE CORPORATION OF
PA
CIVIL DIVISION
Plaintiff
vs.
CUMBERLAND COUNTY
KENNY E. JOHNSON
CONNIE L. LEHMAN
NO. 01-35
Defendant(s)
TO: KENNY E. JOHNSON
144 NORTH MIDDLESEX ROAD
CARLISLE, PA 17013
DATE OF NOTICE: JANUARY 26. 2001
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 becaus.eyou have failed 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, g6 to or telephone the following
office to find out where you can get legal help:
CUMBERLAND COUNTY
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 170B
(717) 249-3166
Frank Federman, Esquire
Attorney for Plaintiff
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PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P.3180-3183
GMAC MORTGAGE CORPORATION OF PA
Plaintiff,
CUMBERLAND COUNTY
v.
No. 01-35
KENNY E. JOHNSON
CONNIE L. LEHMAN
Defendant(s).
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
$123.187.79 .j
Interest from 02/07/01 - 06/06/01
$2.409.75 and Costs
(per diem - $20.25)
$125.597.54 TOTAL
~~A2--
FRANK FEDERMAN, ESQUIRE
ONE PENN CENTER at SUBURBAN STATION
SUITE 1400
PHILADELPHIA, PA 19103
Attorney for Plaintiff
Note: Please attach description of property. No.
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DESCRIPTION
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,ALL THAT CERTAIN unimproved tract of land Situate in Middlesex Township, Cumberland
County. Pennsylvania, bounded and described in accordance with surveys prepared by Larry V.
Neidlinger, P.E., and being dated February 22, 1987, and June 3, 1991.
J
BEGINNING at a point in the center of L.R. 21011 North Middlesex Road at the corner of Lot 2A
on the above-mentioned survey and about to be conveyed to Robert J. Jones; thence along Lot 2A
North 8-1 degrees 16 minutes West 702.59 feet to an iron pin; thence continuing along Lot 2A North
15 degrees. 36 minutes, 25 seconds East 117...19 feet to a post; thence along lands of Mrs. Harry
Jones South 85 degrees, 01 minute, 56 seconds East 689.24 feet to a point in the center line of L.R.
210 11 North Middlesex Road; thence along the center line of 210 11 South 8 degrees, 48 minutes 52
seconds West 125.14 feet to a point, the place of beginning.
CONTAINING 1.921 acres and being Lot #2 on the Final Subdivision Plan for Robert J. Jones
recorded in Plan Book 55, page 134.
SUBJECT TO AND TOGETHER with an access easement for ingress and egress of persons and
vehicles as follows:
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BEGINNING at a point in the center of L.R. 21011, North Middlesex Road and corner of Lot #3;
thence along Lot #3 North 84 degrees, 16 minutes West 708.61 feet to a post; thence through Lot
2A North 15 degrees 36 minutes 25 seconds East 50 feet to a pin; thence along Lot #2 South 84
degrees 16 minutes East 702.59 feet to a point in the center of L.R. 21011. North Middlesex Road;
thence along the center line of 21011 South 8 degrees 48 minutes 52 seconds West 50.00 feet to a
point, the place of beginning.
Tax Parcel # 21-06-0017-026B
,/
/
TITLE TO SAID PREMISES IS VESTED IN Kenny R. Johnson and Connie L. Lehman, joint
tenants with the right of survivorship by Deed from Larry D. Stanford and Anne M. Stanford, his
wife dated 2/14/94, recorded 2/22/94, in Deed Book Volume 101, Page 955.
RECORD OWNER
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GMAC MORTGAGE CORPORATION OF PA
CUMBERLAND COUNTY
Plaintiff,
v.
COURT OF COMMON PLEAS
KENNY E. JOHNSON
CONNIE L. LEHMAN
CIVIL DlVISION
NO. 01-35
Defendant(s),
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No.1)
GMAC MORTGAGE CORPORATION OF P A, Plaintiff in the above action, by its attorney,
FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was
filed the following information concerning the real property located at 144 MIDDLESEX ROAD.
CARLISLE. P A 17013.
1. Name and address ofOwner(s) or reputed Owner(s):
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
KENNY E. JOHNSON
144 MIDDLESEX ROAD
CARLISLE, PA 17013
CONNIE L. LEHMAN
256 WEST RIDGE STREET
CARLISLE, P A 17013
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
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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.)
Fairfax Mortgage
Corporation
7133 Rutherford Road
Baltimore, MD 21244
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
144 MIDDLESEX ROAD
CARLISLE, P A 17013
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.
~~4Z~
February 15. 2001
DATE
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
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FEDE~andPHELAN
By: FRANK FEDE~
Identification No. 12248
Suite 1400
One Penn Center at Suburban Station
Philadelphia, PA 19103
(215) 563-7000
ATTORNEY FOR PLAINTIFF
GMAC MORTGAGE CORPORATION OF pA
Plaintiff,
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
v,
CIVIL DIVISION
KENNY E. JOHNSON
CONNIE L. LEHMAN
NO. 01-35
Defendant(s).
CERTIFICATION
FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that the premises are not subject to the provisions of Act 91
because it is:
() an FHA mortgage
() non-owner occupied
() vacant
(X) Act 91 procedures have been fulfilled
This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
~~
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
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GMAC MORTGAGE CORPORATION OF PA
Plaintiff,
CUMBERLAND COUNTY
v.
No. 01-35
KENNY E. JOHNSON
CONNIE L. LEHMAN
Defendant(s).
February 15, 2001
TO: KENNY E. JOHNSON
CONNIE 1. LEHMAN
144 MIDDLESEX ROAD
CARLISLE, PA 17013
""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 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 144 MIDDLESEX ROAD, CARLISLE. PA 17013, is scheduled to
be sold at the Sheriff's Sale on JUNE 6,2001 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 OF PA (the mortgagee) against you. If the Sheriffs sale is
postponed, the property will be relisted for the September 5. 2001 Sheriffs Sale.
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,
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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 ifthe 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 maybe 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
ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
,.
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DESCRIPTION
j
ALL THAT CERT.-\IN unimproved tract of land Situate in Middlesex Township, Cumberland
County. Pennsylvania. bounded and described in accordance with surveys prepared by Larry V.
Nddlinger. P.E.. and being dated February 22. 1987. and June 3. 1991.
BEGIC'iNING at a point in the center of L. R. 21011 North Middlesex Road at the corner of Lot 2A
on the above-mentioned survev and about to be conveved to Robert J. Jones; thence along Lot 2.'\
- . -
North 8-1 degrees 16 minutes West 702.59 feet to an iron pin: thence continuing along Lot 2A North
15 degrees. 36 minUtes. 25 seconds East 117.-19 feet to a post; thence along lands of ~[rs. Harry
Jones South 85 degrees. 01 minute. 56 seconds East 689.2-1 feet to a point in the center line of L.R.
210 II North ~[iddlesex Road: thence along the center line of 210 II South 8 degrees. 48 minutes 52
seconds West 125.14 feet to a poim. the pl:1ce of beginning.
CONT.\IC'iING 1.921 acres and being Lot #2 on the Final Subdivision Pl:1n for Robert J. Jones
recorded in Plan Book 55. page 13-1.
SUBJECT TO A~D TOGETHER with an access easement for ingress and egress of persons and
vehicles as follows:
BEGIC'i?-iI0iG at a point in the center of L.R. 21011. North Middlesex Road and corner of Lot ,#3;
thence along Lot #3 North 8-1 degrees. 16 minutes West 708.61 feet to a post: thence through Lot
2..1. North 15 degrees 36 minutes 25 seconds East 50 feet to a pin: thence along Lot #2 South 8-1
degrees 16 minutes East 702.59 feet to a poim in the center of L. R. 210 II. North ~[iddlesex Road;
thence along the center line of 210 11 South 8 degrees 48 minutes 52 seconds West 50.00 feet to a
poim. the place of beginning.
Tax Parcel # 21-06-0017-026B
/
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TITLE TO SAID PREMISES IS VESTED IN Kenny R. Johnson and Connie L. Lehman, joint
tenams with the right of survivorship by Deed from Larry D. Stanford and Anne M. Stanford, his
wife dated 211-1/94. recorded 2/22/94, in Deed Book Volume 101. Page 955.
RECORD OW:'Ii"ER
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PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P.3180-3183
GMAC MORTGAGE CORPORATION OF pA
Plaintiff,
CUMBERLAND COUNTY
v.
No. 01-35
KENNY E. JOHNSON
CONNIE L. LEHMAN
Defendant(s),
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
$123,187.79 ~
Interest from 217101 to 12/5/01
(per diem - $20.25)
$6,095.25 and Costs
TOTAL
$129,283.04
Note: Please attach description of property. No.
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ALL THAT CERT.\IN unimproved tract of land Situate in Middlesex Township, Cumberland
County. Pennsylvania, bounded and described in accordance with surveys prepared by Larry V.
Neidlinger. P.E.. and being dated February 22. 1987. and June 3. 1991.
BEGINNING at a point in the center of L.R. 21011 North Middlesex Road at the corner of Lot 2A
on the above-mentioned survey and about to be conveyed to Robert J. Jones; thence along Lot 2.\
North 84 degrees 16 minutes West 702.59 feet to an iron pin; thence continuing along Lot 2.\ North
15 degrees, 36 minutes, 25 seconds East 117.49 feet to a post; thence along lands of Mrs. Harry
Jones South 85 degrees, 01 minute. 56 seconds East 689.24 feet to a point in the center line of L.R.
21011 North Middlesex Road; thence along the center line of 21011 South 8 degrees, 48 minutes 52
seconds West 125.14 feet to a point, the place of beginning.
CONTAI0iING 1. 921 acres and being Lot #2 on the Final Subdivision Plan for Robert J dones
recorded in Plan Book 55. page 134.
SUBJECT TO .\0iD TOGETHER with an access easement for ingress and egress of persons and
vehicles as follows: '
BEGINNING at a point in the center of L.R. 21011, North Middlesex Road and corner of Lot #3;
thence along Lot #3 North 84 degrees, 16 minutes West 708.61 feet to a post; thence through Lot
2A North 15 degrees 36 minutes 25 seconds East 50 feet to a pin; thence along Lot #2 South 84
degrees 16 minutes East 702.59 feet to a point in the center of L.R. 21011. North Middlesex Road;
thence along the center line 0 f 21011 South 8 degrees 48 minutes 52 seconds West 50.00 feet to a
point, the place of begiIUling.
Tax Parcel # 21-06-0017 -026B
,/
I
TITLE TO SAID PREMISES IS VESTED IN Kenny R. Johnson and COIUlie L. Lehman, joint
tenants with the right of survivorship by Deed from Larry D. Stanford and AIUle M. Stanford, his
wife dated 2/14/94, recorded 2/22/94, in Deed Book Volume 101, Page 955.
RECORD OW:'ffiR
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GMAC MORTGAGE CORPORATION OF PA
CUlVIBERLAND COUNTY
Plaintiff,
COURT OF COMMON PLEAS
v.
KENNY E. JOHNSON
CONNIE L. LEHMAN
CML DMSION
NO. 01-35
Defendant(s).
AFFIDAVIT PURSUANT TO RULE 3129
(Mfidavit No.1)
GMAC MORTGAGE CORPORATION OF PA, Plaintiff in the above action, by its attorney,
FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was
filed the following information concerning the real property located at 144 MIDDLESEX ROAD,
CARLISLE. P A 17013
1. Name and address ofOwner(s) or reputed Owner(s):
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
KENNY E. JOHNSON
144 MIDDLESEX ROAD
CARLISLE, PA 17013
CONNIE L. LEHMAN
256 WEST RIDGE STREET
CARLISLE, P A 17013
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
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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.)
Fairfax Mortgage
Corporation
7133 Rntherford Road
Baltimore, MD 21244
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/Occnpant
144 MIDDLESEX ROAD
CARLISLE, P A 17013
Domestic Relations of Cumberland
County
13 North Hanover Street
Carlisle, P A 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 of18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
IT
August 28.2001
DATE
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FEDERMAN and PHELAN
By: FRANK FEDERMAN
Identification No. 12248
Suite 1400
Oue Penn Center at Suburban Station
Philadelphia, PA 19103
(215) 563-7000
ATTORNEY FOR PLAINTIFF
GMAC MORTGAGE CORPORATION OF PA
Plaintiff,
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
v.
CIVIL DIV1SION
KENNY E. JOHNSON
CONNIE L. LEHMAN
NO. 01-35
Defendant(s).
CERTIFICATION
FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that the premises are not subject to the provisions of Act 91
because it is:
( ) an FHA mortgage
() non-owner occupied
() vacant
(X) Act 91 procedures have been fulfilled
This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
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GMAC MORTGAGE CORPORATION OF PA
Plaintiff,
CUl\ffiERLAND COUNTY
v.
No. 01-35
KENNY E. JOHNSON
CONNIE L. LEHMAN
Defendant(s).
August 29, 2001
TO: KENNY E. JOHNSON
144 MIDDLESEX ROAD
CARLISLE, P A 17013
CONNIE L. LEHMAN
MARKET CROSS PUB, 113 NORTH HANOVER STREET
CARLISLE, P A 17013;
,
..THlS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VB PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND TillS 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 144 MIDDLESEX ROAD, CARLISLE, P A 17013is scheduled to
be sold at the Sheriffs Sale on DECEMBER 5, tOOl 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 OF PA (the mortgagee) against you. If the Sheriff's sale is
postponed, the property will be relisted for the MARCH 6, 2002 Sheriff's 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:
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.
...
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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 iftlris 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 maybe entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
...
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
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DESCRIPTION
j
ALL THAT CERTAIN unimproved cract of land Situate in Middlesex Township, Cumberland
County, Pennsylvania, bounded and described in accordance with surveys prepared by Larry V.
Neidlinger, P.E., and being dated February 22. 19-87, and June 3, 1991.
BEGINNING at a point in the center of L. R. 210 II North Middlese.'( Road at the corner of Lot 2A
on the above-mentioned survey and about to be conveyed to Robert J. Jones; thence along Lot 2A
North 84 degrees 16 minutes West 702.5.9 feet to an iron pin; thence continuing along Lot 2A North
15 degrees, 36 minutes, 25 seconds East 117A9 feet to a post; thence along lands of Mrs. Harry
Jones South 85 degrees, 01 minute, 56 seconds East 689.24 feet to a point in the cemer line of L.R.
21011 North Middlesex Road; thence along the center line of 21011 South 8 degrees, 48 minutes 52
seconds West 125.14 feet to a point, the place of beginning. .
CONTAINING 1.921 acres and being Lot #2 on the Final Subdivision Plan for Robert J::;Jones
recorded in Plan Book 55, page 134..
SUBJECT TO AND TOGETHER with an access easement for ingress and egress of persons and
vehicles as follows;
BEGINNING at a point in the center of L.R. 21011, ~orth Middlesex Road and corner of Lot #3;
thence along Lot #3 North 84 degrees, 16 minutes West 708.61 feet to a post; thence through Lot
2A North 15 degrees 36 minutes 25 seconds East 50 feet to a pin; thence along Lot #2 South 8..j.
degrees 16 minutes East 702.59 feet to a point in the center of L.R. 21011. North Middlesex Road;
thence along the center line of 21011 South 8 degrees 48 minutes 52 seconds West 50.00 feet to a
point, the place of beginning.
Tax Parcel # 21-06-0017-026B
,/
I
TITLE TO SAID PREMISES IS VESTED IN Kenny R. Johnson and Connie L. Lehman, joint
tenants with the right of survivorship by Deed from Larry D. Stanford and Anne M. Stanford, his
wife dated 2/14/94, recorded 2/22/94, in Deed Book Volume 101, Page 955.
RECORD OW:"IER
.
.
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IN THE UNITED STATES BANKRUPTCY COURT
FOR THE MIDDLE DISTRICT OF PENNSYL V ANI..-\
'-1500/33'9[1
fl CUh
INRE:
Debtor
Bk. No. Ol-0128~ f V\I M 13 J ...;l>.
Uio
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Kenny R. Johnson
Chapter No.7
GMAC Mortgage Corporation of PA
Movant
v.
11 U.S.c. ~362
Kenny R. Johnson
~
and
Markian R. Slobodian, Esquire (Trustee)
Respondent
r
.
ORDER MODIFYING ~362 AUTOMATIC STAY
AND NOW, this to day of JUfl.) ,2001, at Harrisburg, upon Motion ofGMAC
Mortgage Corporation, (Movant), it is:
ORDERED that the Automatic Stay of all proceedings, as provided under ~362 of the
Bankruptcy Code 11 V.S.C. ~362 is modified with respect to premise, 144 North Middlesex Road, Carlisle,
PA 17013.
as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale
(or purchaser's assignee) to take any legal action for enforcement of its right to possession of said premises.
ORDERED that Rule 400 1 (a)(3) is not applicable and GMAC Mortgage Corporation may
immediately enforce and implement this Order granting relief.
Isf Robert J. Woodside
Robert J. Woodside, Bankruptcy Judge
cc: Judith T. Romano, Esquire
Two Penn Center Plaza, Suite 900
Philadelphia. PA 19102-1799
Markian R. Slobodian, Esquire (Trustee)
80 I North Second Street P.O. Box 11967
Harrisburg, P A 19108-1967
...., Harrisburg, PA
r:::;, ~ ..~ i"\ TI"E A.M. - P.M.
IJ l!Po\b.:;y .11J1_
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James M. Bach, Esquire
352 South Sporting Hill Road
Mechanicsburg, P A 17050
JUN 1 9 2001
Kenny R. Johnson
144 North Middlesex Road
Carlisle, PA 17013
Clef..
Per
ankruptcy Court
DepLoty Clod<
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AFFIDAVIT OF SERVICE
PLAINTIFF
GMAC MORTGAGE CORPORATION OF PA
CUMBERLAND COUNTY
No.01-35
DEFENDANT(S)
KENNY E. JOHNSON
CONNIE L. LEHMAN
Type of Action
- Notice of Sheriff's Sale
SERVE KENNY E. JOHNSON AT
144 MIDDLESEX ROAD
CARLISLE, PA 17013
Sale Date: DECEMBER 5, 2001
SERVED
K /-~
Served and made known to e,.,~~ [, j:",,",'So,,,, ,Defendant, on the 6
at 8:35",0'clock-fm..at J4t(- VkM\e..~'" I{(~'I c....\{.\\'S\~
of Pennsylvania, in the manner described below:
)(. 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 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.
dayof 5~"""'~~0.h
, Commonwealth
Other:
Age -.53"" Height 5'/1" Weight 17S' RaceillSex~ Other d~f. 1..",,11...,
- /o.lO ,v....-.e-...
I, C\~;l.e", clL L C~K -\1 JI\... a competent adult, being duly sworn according to law, depose and state that I personally handed
a true and correct copy of thJ Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at
the address indicated above.
Description:
Notalial Seal
Stacy L. Heefner, Notary PubUc
Sworn to and sur-steed Chambersburg Bora, Frankli
b ~ . q d My Commission Expires A 5
e"eesl' ay .,
:}o ~l. _ L ^ . ~ Me~ber, penn;~~n'a Asso Aat
0' ~UJI-.I 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
Ftank Federman, Esquire - I.D. No. 12248
One Penn Center Suburban Station, Suite 1400
Philadelphia, PA 19103
(215) 563-7000
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AFFIDAVIT OF SERVICE
PLAINTIFF
GMAC MORTGAGE CORPORATION OF PA
CUMBERLAND COUNTY
No.01-35
DEFENDANT(S)
KENNY E. JOHNSON
CONNIE L. LEHMAN
Serve Connie L. Lehman
at Market Cross Pub (POE)
113 North Hanover St.
Carlisle, PA 17013
Type of Aetlop
- Noliee of Sberiff's Sale
Sale Date: DECEMBER 5, 2001
SERVED
.
Defendant, on the
/ ~fI.. dayof 5~"""'~~0.b
Served and made known to
Connie L. Lehman
at 8: 1 0 ,o'clock fm., at 11.3 North Hanover St., C~rlisle
of Pennsylvania, in the manner described below:
, Commonwealth
x
Defendant personally served.
Adult family member with whom Defendant(s) reside(s). Relationship is
Adult in charge ofDefendan1(s)'s residence who refused to give name or relationship.
Manager/Clerk of place of lodging in which Defendant( s) reside(s).
Agent or person in cbarge of Defendant( s)'s office or usual place of business.
an officer of said Defendant(s)'s company.
Other:
Description: Age ,~5"
J, C\....tlol ct.. L C~(t. ","y
a true and correct copy of thJ
the address indicated above. Notanal Seal
Stacy L. Heefner, Notary Public
S . Chambersburg Bora Fran n nt
worn to and SU'J11hnbed My CommiSSIon Exp:res u o~
befl~ da g. ,
S Y Member, Pennsylvarua As CJ Not .
of 2001.~ s
No :~Y. By:
(j l.) ()' NOT SERVED
day of .200_, at o'clock _.In., Defendant NOT FOUND because:
Height 5'2" Weight 120 Race.1AhSex~ Other d~,," L.r,.\tI..,
/>.10 ,\p... c.~
-;f'll. . a competent adult being duly sworn according to law, depose and state that I personally handed
manner as set forth herein, issued in the captioned case on the date and at
On the
_ 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
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SALE DATE: DECEMBER 5. 2001
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
GMAC MORTGAGE CORPORATION OF
PA
No.: 01-35
vs.
KENNY E. JOHNSON
CONNIE L. LEHMAN
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 the date the Praecipe for the Writ of
Execution was filed the following information concerning the real property located at:
144 MIDDLESEX ROAD. CARLISLE. PA 17013.
As required byPa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner
required by Pa. R.C.P. 3129.2( c) on each of the 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.
\^~_~ +Jr--
FRANK. FEDERMAN, ESQUIRE
Attorney for Plaintiff
December 3, 2001
I ~ I
,oj, I
-
"-<~
.
GMAC MORTGAGE CORPORATION OF PA
CUMBERLAND COUNTY
Plaintiff,
v.
COURT OF COMMON PLEAS
KENNY E. JOHNSON
CONNIE L. LEHMAN
CIVIL DIVISION
NO. 01-35
Defendant(s).
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No.1)
GMAC MORTGAGE CORPORATION OF P A, Plaintiff in the above action, by it~ attorney,
FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was
filed the following information concerning the real property located at 144 MIDDLESEX ROAD.
CARLISLE. P A 17013
1. Name and address of Owner(s) or reputed Owner(s):
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
KENNY E. JOHNSON
144 MIDDLESEX ROAD
CARLISLE, P A 17013
CONNIE L. LEHMAN
256 WEST RIDGE STREET
CARLISLE, P A 17013
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
~>-<'I
'Ir-,
'-I"I!I
,
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.)
Fairfax Mortgage
Corporation
7133 Rutherford Road
Baltimore, MD 21244
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
144 MIDDLESEX ROAD
CARLISLE, P A 17013
Domestic Relations of Cumberland
County
13 North Hanover Street
Carlisle, P A 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.
FED
A orney for Plain ff
August 28. 2001
DATE
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DATE: August 28, 2001
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY
OWNER(S) KENNY E. JOHNSON
CONNIE L. LEHMAN
PROPERTY: 144 MIDDLESEX ROAD
CARLISLE, P A 17013
Improvements: Residential Property
CUMBERLAND COUNTY
The above-captioned property is scheduled to be sold at the Sheriff's Sale on
DECEMBER 5,2001 at 10:00 a.m. in Cumberland County Courthouse. South Hanover Street,
Carlisle. P A. 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
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.
,..
GMAC Mortgage Corporation ofPA
VS
Kenny E. Johnson and Connie
L. Lehman
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2001-35 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.
Sheriffs Costs: .
Docketing
Surcharge
Posting Handbills
Law Library
Prothonotary
Share of Bills
Mileage
Levy
Advertising
Certified Mail
Poundage
Postpone Sale
LawJoumal
Patriot News
30.00
30.00
15.00
1.00
25.66
11.05
15.00
15.00
1.83
16.18
20.00
381.65
262.95
$ 825.32 paid by attorney
3-07 -02
Sworn and subscribed to before me S~ ~s~s:
This/'ll!: dayof ~ ?,P,W"'~~-..,
(/ _. R. Thomas Kline, Sheriff
2002,A.D.~o. Yhdl,,--,/~, BY~ ~
Prothonotary Real Est~e Deputy
''''1'~'
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..
GMAC MORTGAGE CORPORATION OF pA
CUMBERLAND COUNTY
Plaintiff,
v.
COURT OF COMMON PLEAS
KENNY E. JOHNSON
CONNIE L. LEHMAN
CIVIL DIVISION
NO. 01-35
Defendant(s).
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No.1)
GMAC MORTGAGE CORPORATION OF PA. Plaintiff in the above action, by its attorney,
FRANK. FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was
filed the following information concerning the real property located at 144 MIDDLESEX ROAD.
CARLISLE. P A 17013
1. Name and address ofOwner(s) or reputed Owner(s):
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
KENNY E. JOHNSON
144 MIDDLESEX ROAD
CARLISLE, P A 17013
CONNIE L. LEHMAN
256 WEST RIDGE STREET
CARLISLE, P A 17013
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
""^" or'
,--,
I"
."
.. 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.)
Fairfax Mortgage
Corporation
7133 Rutherford Road
Baltimore, MD 21244
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
144 MIDDLESEX ROAD
CARLISLE, P A 17013
Domestic Relations of Cumberland
County
13 North Hanover Street
Carlisle, P A 17013
Commonwealth of Pennsylvania
Department of Welfare
PO Box 2675
Harrisburg, P A 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.
August 28. 2001
DATE
FED
A orney for Plain ff
I""
FEDERMAN and PHELAN
By: FRANK FEDERMAN
Identification No. 12248
Suite 1400
One Penn Center at Suburban Station
Philadelphia, PA 19103
(215) 563-7000
ATTORNEY FOR PLAINTIFF
GMAC MORTGAGE CORPORATION OF pA
Plaintiff,
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
v.
CML DMSION
KENNY E. JOHNSON
CONNIE L. LEHMAN
NO. 01-35
,
Defendant(s).
CERTIFICATION
FRANK FEDERMAN, ESQUIRE. hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that the premises are not subject to the provisions of Act 91
because it is:
( ) an FHA mortgage
() non-owner occupied
() vacant
(X) Act 91 procedures have been fulfilled
This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
...
<~,~ ~~(
,.,.
...
t
GMAC MORTGAGE CORPORATION OF PA
Plaintiff,
CUMBERLAND COUNTY
v.
No. 01-35
KENNY E. JOHNSON
CONNIE L. LEHMAN
Defendant(s).
August 29, 2001
TO: KENNY E. JOHNSON
144 MIDDLESEX ROAD
CARLISLE, P A 17013
CONNIE L. LEHMAN
MARKET CROSS PUB, 113 NORTH HANOVER STREET
CARLISLE, PA 17013j'
,
""TillS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VB PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND TillS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED
TO BE AN ATIEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.""
Your house (real estate) at 144 MIDDLESEX ROAD, CARLISLE, PA 17013is scheduled to
be sold at the Sheriffs Sale on DECEMBER 5, tOOl 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 OF PA (the mortgagee) against you. If the Sheriff's sale is
postponed, the property will be relisted for the MARCH 6, 2002 Sheriff s 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:
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 Sheriff the full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
,
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriffwithin 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
Sheriffwithin 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 LffiERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, P A 17013
(717) 249-3166
(800) 990-9108
~
...
DESCRIPTION
j
ALL THAT CERTAIN unimproved tract of land Situate in Middlesex Township, Cumberland
County. Pennsylvania, bounded and described in accordance with surveys prepared by larry V.
Neidlinger, P.E" and being dated February 22. 1987, and June 3, 1991.
BEGINNING at a point in the center of L. R. 210 11 North Middlesex Road at the comer of Lot 2A
on the above-mentioned survey and about to be conveyed to Robert J. Jones; thence along lot 2A
North 8.4- degrees 16 minutes West 702.59 feet to an iron pin; thence continuing along lot 2A North
15 degrees, 36 minutes, 25 seconds East 117.+9 feet to a post; thence along lands of Mrs. Harry
Jones South 85 degrees, 01 minute, 56 seconds East 689.24 feet to a point in the center line of l.R.
21011 North Middlesex Road; thence along the center line of 21011 South 8 degrees, 48 minutes 52
seconds West 125.14 feet to a point, the place of beginning.
CONT.\INING 1.921 acres and being lot #2 on the Final Subdivision Plan for Robert J~Jones
recorded in PLan Book 55, page 134.
SUBJECT TO AND TOGETHER with :10 access easement for ingress and egress of persons and
vehicles as follows:
BEGINNING at a point in the center of l.R. 21011, ~orth Middlesex Road and comer of Lot #3;
thence along lot #3 North 84 degrees. 16 minutes West 708.61 feet to a post; thence through Lot
2A North IS degrees 36 minutes 25 seconds East 50 feet to a pin; thence along Lot #: South 8.4-
degrees 16 minures East 702.59 feer to a point in the cencer of L.R. 21011. North Middlesex Road;
thence along the center line of 21011 South 8 degrees 48 minutes 52 seconds West 50.00 feet to a
point, the place of beginning.
Tax Parcel # 2 1-06-00 17-0:6B
/
I
TITLE TO SAID PREMISES IS VESTED IN Kenny R. Johnson and Connie l. Lehman, joint
tenants with the right of survivorship by Deed from Larry D. Stanford and Anne M. Stanford, his
wife dated 2/14/94, recorded 2/22/94, in Deed Book Volume 101, Page 955.
RECORD OW'IER
.
.
'\
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO. 01-35 CIVIL19_
CIVIL ACTION - LAW
TO THE SHERIFF OF
CUMBERLAND
COUNTY:
To satisfy the debt, interest and costs due GMAC Mortgage Corporation of PA
, PLAINTIFF(S)
PA 17013 and Connie L.
tmm KennY E. Johnson, 144 Middlesex Rc., Carlisle
Lehman, 256 W. Ridge St., Carlisle PA 17013.
DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell Real estate located
at 144 Middlesex Rd., Carlisle PA 17013. (SEe attached 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 notKy the garnishee(s) that: (a) an allachment 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 of thedefendant(s) not levied upon an subject to attachment is found in the possession of anyone other
thana named garnishee, you are directed to no,"y him/herthat he/she has been added as a garnishee and is enjoined as above
stated.
Amount Due $123,187.79
Int t2/7/01 - 12/5/01 $6,095.25
eres ,
($20.25 1'1::"" <lLI::lll)
Atty's Comm %
L.L.
Due Prothy
Other Costs
$1.00
Atty Paid
Plain,"f Paid
$131.60
Date:
september 10, 2001
CURTIS R. LONG
by:
Deputy
REQUESTING PARTY;
Name Frank Federman, Esq.
1617 JFK Blvd, Ste 1400
Philadelphia PA 19103
Plaintiff
Address:
1814
Attorney for:
Telephone:
Supreme Court 10 No.
(215) 563 7000
12248
, "'~~m""i",'i'i!~',P,,_~
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REAl E'STIi""'i: Sl\.i 1:' N 2c:
" /.. ~ Ii! i.. tlLl., O. . I
REAL ESTATE SALE No~ 2q
On September 17,2001, the sheriff levied upon the
defendant's interest in the real property situated in Middlesex
Township, Cumberland County, PA, known and
numbered as 144 Middlesex Rd., Carlisle, and more fully
described on Exhibit "A" filed with this writ and by
this reference incorporated herein.
Date: September 17,2001
By: q~ ~
Real Estate Deputy
~
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CVlj)
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,
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
ss.
COUNTY OF CUMBERLAND :
Roger M. Morgenthal, Esquire, Editor ofthe Cumberland Law Journal, of the County
and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland
Law Journal, a legal periodical published in the Borough of Carlisle in the County and State
aforesaid, was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
VlZ:
October 12,19,26,2001
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.
R:;r~itor
,"
SWORN TO AND SUBSCRIBED before me this
26 day of OCTOBER. 2001
NOTM
LOIS E. SNYDER, Notary Public
CartisIe Boro. Cumberland County
My CommissIon ExpiIllS March 5. 2005
,~~" :"
1'1
-
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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
James L. Clark being duly sworn according to law, deposes and says:
That he is the Acounts Receivable Manager 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 I.M
Patriot-News and The Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818
Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were
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 23rd and 30th day(s) of October and the
6th day(s) of November 2001. That neither he nor said Company Is Interested in the subject matter of said printed
notice or advertising, and that all of the allegations of this statement as to the time, place and character of
publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in
the office for the Recording of Deeds in and for said County of Dauphin in 7cellaneous Book "M",
':~:~~;~:~~ ;;;;;;;;;g;~'~m;;~;;~...~;.....~..~~.~~. ~~~;. A.D.
S ALE #29 Notarial Seel
Terry L. Russell, Notary PubUc
Harrisburg, DaUphin County
MyCommlsslonE",'resJune6,2002 N TARY PUBLIC
Member, PennsylVania Association 01 Nota/lWl commission expires June 6, 2002
"
i
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 $
261.45
1.50
262.95
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....................................................................
'''~~~ ~.
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REAL ESTATE SALE NO. 29
Writ No. 2001-35 C1v1r-
GMAC Mortgage Corporation of PA
vs.
Y.~rmy E. Johnson and
COnnie L. Lehman
Atty.: Frank Federman
DESCRIPTION
ALL 'THAT CERTAIN" un1mproved
tract of land Situate in Middlesex
Township. Cumberland County,
Pennsylvania. bounded and de-
scribed in accordance with surveys I
prepared by Larry V. Neidlinger.
P.E.. and being dated February 22.
1937, and June 3, 1991.
- -=BEGINNINGat.apolntlnthe cen,
ter of L. R 21011 North :MIddlesex
Road at the comer of Lot 2A on the
above-mentioned survey and about
to be conveyed to Robert J. Jones;
thence along Lot 2A North 84 de-
grees 16 minutes West 702.59 feet
to an iron pin; thence continuing
along Lot 2A North 15 degrees. 36
minutes, 25 seconds East 117.49
feet to a post; thence along lands of
Mrs. Harry Jones South 85 degrees,
01 minute, 56 seconds East 689.24
feet to a point in the center line of
L.R 21011 North Middlesex Road;
thence along the center line of
210 II South S degrees. 48 mtnutes
52 seconds West 125.14 feet to a
poL.l.t, the place- of-- begtr...T'li.'1g.
CONTAINING 1.921 acres and
being Lot #2 on the Final Subdlvi- i
s10n Plan for Robert J. Jones re- !
corded in Plan Book 55, page 134. '
SUBJECf TO AND TOGETHER I ~
with an access easement for ingress
and egress of persons and vehicles
as follows:
BEGINNING at a pOint in the cen-
ter of L.R 21011. North Middlesex
Road and comer of Lot #3; thence
along Lot #3 North 84 degrees. 16
rn1nutes West 708.61 feet to a post;
thence through Lot 2A North 15
degrees 36 minutes 25 seconds
East 50 feet to a pin; thence along
Lot #2 South 84 degrees 16 nun-
utes East 702.59 feet to a pOint ll'"l
the center of L.R. 21011. North
Middlesex Road; thence along the
center line of 21011 South 8 de-
grees 48 m1nutes 52 seconds West
50.00 feet to a point, the place of
begtnnlng.
Tax Parcel # 21-06-0017-026B. r(
RECORD OWNER
TITLE TO SAID PREMISES IS
VESTED IN Kenny R Johnson and
Connie L. Lehman. joint tenants i
with the right of survivorship by
Deed from Larry D. Stanford and
Anne M. Stanford, his wife dated
2/14/94. recorded 2/22/94. in
Deed Book Volqme 101. Page 955.
r- -SEAL ESTATE-:~1\LE No. 29
__WrftND.200"H5
~--:-C.lvllll~m
~i~"~<;.or~.OfP~ .~.
~ .J~~n~E.J.Q!lnsol!and
~. ~~CQnnle L Lehman
-- : Fr{ir:lkl:edel1!la~
ti1lii'li.PrOvecftrii'Ct of land.-
laal~~l'-ownsb~ "CUmberland
nsyJ~ bO~llded and described ~n_
.Ic - -~s.~ }'lith, su,rvey~..F~pared by Larry V,
~ir~ l;'.~'J ~;1c!. betng d~ted Fe~~~t ~~._
.&J;:an<iluneJ,T991.
tB'tGINNING ~La__J~.oint in -the center .of LR.
;J.l(Jl\ NOrth Mi~a[e~e~EQ[4.l!t_.l!i~-E~m_e!-J!.!-?t
-'-'-2A-OD the--aoove~menti.oriCOsurvey ana:iliout f?
_ DC ooilv-e),e-d Ri"Rob-frfT Jones-; thence along Lot
~dl1:8.i~rc:esJg!!lin!lie~ ~l7~,59Je~!.._
~~tQatLjron pin; thence cimtinumg al.ong Lot 2A
:.N.0rth.J5 degrees, 3~ _l1!~.!!~,_ 25 s~.o!l.9s E~~
m2@leeTIg:.~li.tlien,:~ ~l1g la~~~~,._
rlIlim'_"J"ones South 85 degrees,. or. ml~ute, 56
~rlCIsEaS.ui89.24 feet to a pomt 1I1 the center
iL---mtOrL--:R.-:"2toll North .Middlesex Rood; thence
3l(mgJ1i~.center 1II1~qf.7JO}_t_ SClUth_B <!!:~!..
-=48 minutes 52 seconds West 11f.l4 feet to a
~lJQint;the place ofBEGllomING.
- .3,,-CQNrAINlNG 1.921 acres and being Lot #2 on
:llie::EiruiCSilbaLvision Plan for Robert J. Jones
;:reC..oro~d in Ban Book 55, page 134. _ _
- --.rOANDTOOETHERWlthanaccess
- -or in~J~.~te~~~(of persons ~
as 0 ows:
~-= _. - at - a pofdln.llie center .of L.R.
~r, NOrlli :Middlesex Road and comer ofL.ot
_ m--'-tlien~j.1.9ng Lot ti3. North 84 degrees,. ~
- 'Nest 708.61 feet to a ,post; thence
~ t 'iX-North 15 degrnees~36 rninutcs.2~eas.t I(Qto tQIQ.~ t _ ~Q.C~ _~~pg LO~~
,rdegrees-~fO-iiiinUThSEaSt 702.59 feet to
.:;a--.poinr Tn -the ce!iter of L.R. 2101l, !'iorth
~iddlesex Road. thCQCC along the center lme. of _
~.01l~8i1th 8 degrees 48 mmutes 52_ sccJ)!1:gs ~
.- "'lliNi1l'G.f'" \0 a poinl th, pla"~_
oi#2I.~.Q{)17.026B,. m __ __
- :BIb SAID .QIX):mis.eslS-ve&oom Kenny If.
nson -andtonnie L Lehman, joint tenahtS .
-. -_ - rignl6fj;!JrVivorsbip by De~.d fr:>m L.:u1)
-=-LCSffinfordand AnneM, Stanford, ills wtfe, dated..
7r~: -recoroed172Z'94-;lff Deed Book Volume
~iQ!~ ~~~ 955,_