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Home My WebLink About01-0725 FX ,..~"""'~,"" ' , ,( c'{ -"~l'~~'-, ',- FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. 01- ?.:lc5~ Iv- v. CUMBERLAND COUNTY MAUREEN A. HUBER BRANDON T. KEOUGH 70 CLEARVIEW DRIVE CARLISLE, P A 17013 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON 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, P A 17013 (717) 249-3166 Loan #: 450613393 " I .-.> ~" ' , ~~~~ "',I:' 1. Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, P A 19044 2. The name(s) and last known address (es) of the Defendant(s) are: MAUREEN A. HUBER BRANDON T. KEOUGH 70 CLEARVIEW DRIVE CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described, 3. On 12/30/96 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. 1359, Page 57. 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 4/1/00 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." ~zW- '"' <" 6. The following amounts are due on the mortgage: Principal Balance Interest 3/1/00 through 2/1/0 I (Per Diem $15.50) Attorney's Fees Cumulative Late Charges 12/30/96 to 2/1/01 Cost of Suit and Title Search Subtotal $78,023.43 5,239.00 3,901.00 247.86 550.00 $87,961.29 Escrow Credit Deficit Subtotal 0.00 1.242.80 $1.242.80 TOTAL $89,204.09 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. 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. g1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 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 $89,204.09, together with interest from 2/1/01 at the rate of$15.50 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. 1:d~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~ "",~-", ,-,~-~I~,,",I'" ....,~,~-~-'"'~".,~ " ~ " , ,- ~, .~" ~ mjl~ ~~--w"'i Ia1 005/013 01/31/01 14:49 FAX 215682 1940 GMACM - CORP DEFAULT GMAC Mortgage Corporallon P.O. Box 8507f San Diego, CA 92186-5071 3451 Hammond Ave P:O.'eox 780 . Waterloo, IA 50704-0780 Servicing GMAC Mortg.ge ! Date: June 12, 12000 I I I I , ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notiee that the morteaee on vour home is in default. and the lender oltends to foreclose. Snecilic information about the nature of the defaDlt isnrovided';inthe attached naees. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAMlBEMAP\ mn be able to heln to save vour. home. This Notice exnlains how the DrOt!l'8m works. To sec ;eDEMAP ean helD. von must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITBlN 30 DAYS OF THE DATE OF THIS NOTICE. Take this NotieeWith \IOU when vou meet with the CODnseline Al!ene\l. The Dame. address aDd nhone nDmber of Consumer Credit COQJlseline Aeencies semnevoar Coumtv are listed at the end o this Notice. 0 ha\le an uestions ou meaIl; . ePeniu IvaniaHousinFinanee A . en toU free at 1.800.342.2397. ersons with . aind heariil caneaU 71 780.1869. This Notice eODUinS important legal information. If you have any questions, representatives at the ConsDmer Credit Counseling Agenl:)' may be able to help explaia it. You may also want to eontact an attonaey in your area. The loeal bar assoeiation may be able to help YOD fmd a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SINO COMPRENDE EL CONTENlDO DE ESTA NOTIFlCACION OBTENGA UNA TRADUCCION IMMEDlATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENClONADO ARlUBA. PUEDES SEI!. ELEGIBLE PARA UN PRESTAMO lOR EL PJ:!.OGRAMA LLAMADO "HO~OWNEI!.'S EMEI!.GENCY MORTGAGE ASSISTANCE PI!.OGRAM" EL CUAL PUEDE SALV AR SU CASA DE LA PElIDIDA DEL DERECHO A REDlMlR SU HIPOTECA HOMEOWNEI!.'S NAME(S): PI!.OPEB.TY ADDRESS: MAUREEN A. HUBER 70 CLEARVIEW DRIVE CARLISLE, PA 17013-1178 LOAN ACCT. NO.: ORIGINAL LENDEI!.: CURRENT LENDERlSEI!.VICEI!.: 450613393 N/A GMAC Mortgage E)(H\\3\1' A .,~""""""=~' , , . .- "~" 01/31/01 14: 51 FAX 215 682 1940 GMAC Marlpge Corporation P.O, Box 8507f San'Diego, CA 92186-5071 , 3451 Hammond Ave P.O. Box 780 Wale~oo, IA 50704-0780 GMACM - CORP DEFAULT Servicing ~I.h' "" -~'-<~ ~ \f 'iIill$:-~ @j010/013 I Moog i I Date: June 12.1 2000 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an officiat n~tiee that the mortl!ll~. 'on voar bome is in default. and tbe lender intends to foreclose. Saeeifte imormatioa aboatthe Datue of tile default is l>roVided,inthe attaebedaaus. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (B~All\ mav be able to hem to save voar' bom.. This Notice ""alains bow the aromm works. , ! I I To see /fHEMAP CllII hem. vou mast MEET WITBA CONSUMERCREDIT COUNSELING AGENCY \VITII1N 30 DAYS OF THE DATE OF THIS NOTICE. Take tbisNotice with voa wben voa meet witII tbe Coansell.1! Al!enev. " Tbe name. address and ahone Bamber of Consumer Credit Coansellnl!Aeencies servlnl! voar Coantv are 'lIsteda tbeend.ofthisNotiee.Ioahavean ..estion oama caU"theren' "",BiaBoasin' ee Al!enev tOll free at I-lI00-34%.%397.lPersons With imDaired beariDt! eaD e(71'7) 780.1869\. This Notice coalams important legal information. If yoa bave any questions, representatives at the Consumer Credit Coanseling Ag",ncy may be able to belp e~plain It. You may also want to contact an attorney in you area. The local bar association may be able to help yoa find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA lMPORTANCIA, PUES AFECTA SU DERECBO A CONTINUAR VMEjlffiOEN SU CASA. Sl NO COMP~NDE EL CONTENlDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDlATAMENTE LLAMANDO ESTA AGENCIA (pENNSYLV ANlA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POREL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALV AR SU CASA DE LA PERDIDA DEL DERECBO A REDIMlR SUBlPOTECA BOMEOWNER'S NAME(S): PROPERTY ADDRESS: BRANDONT. KEOUGH 70 CLEARVIEW DRIVE CARLISLE. PA 17013-1178 LOAN ACCT.NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: 450613393 N/A GMAC Mortgage " EXHIBrL~ -,ilU(""~ ~'"""'" "o.. , ",' "., j..' if~ 01/31/01 14:49 FAX 215 682 1940' GMACM - CORP DEFAULT ~ 0 6/013 " I:' HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WBICH CAN SAVE YOUR HOME FROM . FORECLOSURE ANDBELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WlTB THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE H ACT"), YOU MAYBE 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 REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. Tt!:MPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a tempor-It)' stay offorecloBUre , on your mortgage for thirty (30) d;1ys ftom the date of this Notice. Durin~ that time you must ammge and attend . "face-to-face" meeting with one of the ctmSlUT\er credit counseling agencies listed at the end oflhis Notice. :r.IiD! MEETING MUST OCCUR WITHIN THE NE:rq'(30) DAYS.lF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSIST ANCE. YOU MUST BRING YOUR MORTGAGE. UP TO DATE. 'lJIE PAll-iN OF TIllS NOTICE CALLED "HOW TOClJRE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO!~!l,LG YO~ MORTGAGE UP TO nATE. CONSUMER CREDIT COUNSELING AGENCIES -If you meet with one of the consumer credit cmmseling agencies listed. at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting.The names. addresses and tele~hone numbers of desim.ated consumer credit cmmseliru! a~encies for the COlmlY in which the plOpertv idocated are set forth at the end oflhis Notice. It is only necessary to schedule one face-to-face meeting. Advise YOllf lender inunediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- YOllrmortgage is in default for the reasons set forth later in this Notice (see foUoMng pages for specific infonnation abollt the nature of your default.) If YOll have tried and are unable to resolve this problem with the lender, YOll have the right to apply for financial assistance ftom the Homeowner's Emergency Mortgage Assistance Progmm. To do so, you mllst fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated conSllmer credit counseling agencies listed at the end of this Notice. Only consumer credit COlmseling agencies have applications for the progt.un l!lId they will assist. YOlI in submitting a complete application to the Pennsylvania Housing Finance Agency. , Your application MUST be flied orposbnarked within thirty (30) days of you face-to-face meeting. yothmsT FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTUR TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistince are vet)' limited. They will be disbursed by the Allency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty:(60) days to make a decision after it receives YOllf application. Dunng that time, no foreclosure proceedings wiII be pursued against YOll ifYOll have met the time requirements set forth above. You will be notified directly by th. Pennsylvania Hmlsing Finance Agency ofits decision on YOllf application. EXHIBiT A ~' , " " ~F""i I , 01/31/01 14:50 FAX 215 682 1940 GMACIlf - CORP DEFAULT IaJ 007/013 , I NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE Fll.ING OF A PE11ITION IN BANKRUPTCY THE fOLLOWING PART OF TmS NOTICE IS FOR INFORMATION P1.TRPOSES ONLY AND ' SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLEtT THE DEBT. (If you have med bankruptcy you can sliU apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR 1\fORTGAGE DEFAULT CBrin!! It UD to date). ., NATURE OF mE DEFAULT -- The MORTGAGE debt held by the above lender is on your property located at: 70 C1earview Drive Carlisle, PA 17013-1178 IS SERIOUSLY IN DEFAULT because: YOU HA VB NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the f0110winq amounts are now past due: April 1, 2000 throuqh June 1, 2000. See attached Exhibit for payment breakdown. Monthly Payments Late Charges NSF Inspections Other SuspenjlC 2,270.34 27.54 0.00 0.00 0.00 TOTAL AMOUNT PAST DUE: 2,297.88 B. YOU HA VB FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not auulicable ): HOW TO CURE THE DEFAULT -. You may Clue the default within THIR1Y (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 2, 297 . 88 , PLUS ANY MORTGAGE P A YMENfS AND LATE CHARGES WHICH BECOME DUE DURING THE THIR1Y (30) DAY PERIOD. Pavments IrnIst be made either bv cash. cashiets check. : . certified check or money order made Dayable and sent to: GMAC Mortqaqe Corporation ATTN: Payment Processinq P.O. Box 780 Waterloo, IA 50704-0780 You can Clue any other default by laking the following action within THIR1Y (30) DAYS of the date of this letter: (Do not use ifnota1l1llicable.) Not Applicable IF YOU DO NOT CURE TJQ!: DEFAULT -- If you do not C11nl the default within THIR1Y (30) DAYS of the date of this Notice, e lender tends to exercise Its rI hts to accele ate the mort ae debt. This means that the entire outstanding balance of this debt will be considllled due immediately an you may ose the chance to pay the mOfl!age in monthly instaIbnents. IfMl payment of the total amo\mt past d\1e is not made within THIR1Y (30) DAYS, the lender also intends to insmlct its altorneys to start legal action to foreclose unon vour mortl!ued Dronertv . ! IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to payoff the inortgage debt. If the lender mfers your case to its attorneys, but you cure the delinquency befom the lender begirts legal proceedings against you, you ~l still be mq\~ired to pay the ",al!"nable ~rney's fees t}1at wem actually inmun:d up to $50.00. Howeyer, if legal proceedmgs am started agamst agamst YO\1, you WlII have to pay all masonable alto~y's fees actually inmun:d by the lender even if they exceed $50.00. Any attorney's fees will be added to the arno\mt you owe the lender, which may also include othermasonable costs. Ifvou cure the default within tbe THIRTY (30) DAYS Derlod. vou wID not be required to DaV attorney's fees. EXHiBiT fJ. i :: ,,,. 0_-""-" "'--'-0" " "'-' -~, '. . IgJ 00B/013 llili~';;< 01/31/01 14:50 FAX 215 6B2 1940 GMACM - CORP DEFAULT' OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all othe, sums chle under the mortgage. ' RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -. If you have not C1ucd the default within the THIRTY (30) DAY peri?d and fOnlclosun> proceedings ha~e beg\lJ\, VO\l still have the ri2ht to CIUll the default and DnlVent the sale at anv time un to ~ne hO\I1' befonlthe Sheriff's Sale. You mav do so bv DIlVillll the total amO\lJIt then nasi due. nlus anv late or olherch'lPtes then due. nlasonable attomevs fees and costs connected with the fon:cloStUC sale and anv other costs'connected with the Sheriff's Sale as snecified in wril:in2 bv the lender and bv DenonmIlll anv other reoummentstmderthe moml'''le. Caring yoar defaalt in the maaaer set forth in tllis Dotiee will restore yoar mortpge to the same positioa as uyou had Dever defaalted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that Stich a Sheriff's Sale oflbe mortgaged property could be held would be approxlmately six (6) mODths from the date of this Nome. A notice oflbe actual date oflbe Sheriffs Sale will be sent to you befon: the sale. Ofcourse, Ibe amo\mt needed to CIUll. the default willincrea~e the longer you wait. You may fmd out at any time exactly what the n:quin:d payment or action will be by contactmg the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: GMAC Mortgage Corporation 401 West 24th Street National City, CA 91950 Phone Number: Fax Number: Contact Person: (BOO) B50-4622 (619) 470-5579 Collection Department EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's Sale will end your ownershi{> oflbe mortgaged property and yo\l1' right to occupy it. Ifymleontinue to live in the property after the Shenit's Sale, a lawS\ut to remove you and your filmisldngs and other belongings cmlld be started by the lender at any time. ASSllMrTION OF MORTGAGE -- Y oUIDllY or may Dot sell or tIansfer YO\11' home to a buyer or tr.msfen:e who will aSS\lJI\e the mortgage debt, provided that all the outstanding payments, chlll!les and attorney's fees and costs an: paid prior to or at the sale and that the other n:qumments of the mortgage an: satisfied. YOU MAY AI.SO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF TIllS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACI1NG ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSmON AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HA \IE THIS RIGHT TO CURE YOUR DEF AULT 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 BEUEVE YOU MAY HA \IE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER TIlE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCWSED EXHIBIT A "~ ' 01/31/01 14:51 FAX 215 682 1940 GMACM - CORP DEFAULT EXHIBIT April 1, ;1000 May 1, 2000 June 1, 2000 iii lil lil !' EXHIBIT A 756.78 756.78 756.78 , ,;.,) ,,< ,', l%-", IgJ 009/013 ,~' ,,''''-'' .' ." ~~" ""-- " ;o>~, '"'''l!iU''l'''.-'~iIQ,;lihii.~':i'; PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) 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 ofNoJtheastern PA 201 Basin Street Williamsport, P A 17703 (570) 323-6627 FAX (570) 323-6626 31,W. Market Street POB 1127 Wilkes-Barre. P A 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 CLINTON COUNTY COLUMBIA COUNTY Commission on Economics Opportunity of Luzeme County 163 Amber Lane Wilkes-Barre. PA 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1665--(Call Before Faxing) (570) 455-4994 Hazeltown FAX (570) 455-5631--(Call Before Faxing) (570) 836-4090 Tunkhannoek Booker T. Washington Center 1720 Holland Center Erie, P A 16503 (814) 453-5744 FAX (814) 5749 John F. Kennedy Center. Inc. 2021 Eas'20. Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 cces of Western Pennsylvania. Inc. 2000 Linglestown Road Harrisburg. PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg N. 6Tb. Street Harrisburg. PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 CRAWFORD COUNTY CUMBERLAND COUNTY CCCS ofNoJtheastem P A 1631 South Atherton St.. Suite 100 State College, PA 16801 (814) 238-3668 FAX (814) 238-3669 1400 Abington Executive Park Suite 1 Clarks Summil.PA 18411 (570) 587-9163 or (800) 922-9537 FAX (570) 587-9134-9135 Greater Erie Community Action Committee 18 West 9tl1 Street Erie, PA 16501 (814) 459-4581 FAX (814) 456-0161 Shenango Valley Urban League,ine, 601 Indiana Avenue Farrell, PA 16121 (412)981-5310 Financial Counseling Services of Franklin 31 West 3td Street Waynesboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 "G" Street Carlisle. PA 17013 . (717)243-3818 FAX (717)731-9589 Adams County Housing Authority 139-143 Carlisle Sl Gettysburg, P A 17325 (717) 334-1518 FAX 334-8326 PENNSYLVANIA BULLETIN, VOL. 29, NO. 23. JUNE 5, 1999 EXHIBIT A ,,".... .'" ,r d - \ '. , ~, ~"'~-,f'::"u__,; . , ,.' I' < ". ':'. ,~- - -- ~ ,,;" ~I , ~ - ".,;,' '. l.o~, ~ ;, I ~; '.'.. : " .,~. r i ," >',n, :1' '~<'i.: .'.' , ., " , . , '~ ' , ~ . . ,-. ii, ; : ;. .l H:: ' i -:.j ,l~ " '.;':' :." ',:" '.' I;"i' ',') ..~. " ", :'~: .'. , .:,',1 ',", !~ ;. ~~r:;.':". ..." , ..'.. . . . ~{:":i, . ALL.:tha(cortain tract uf land simate in North Middleton Towllship, Cumberhind County, i~\.::'J)ennsylvanili; and Inore p~culacly ~ounded and descrl!:>ed in accordance with Final-Minor S~bdivbiol1 ~'~,:.J'lan for Pa!ll L. allt!. M~Jot:le 1\-1. Chne, prepared by FIsher, Mowery, Rosendale and ASSOCIates, Inc. g;:;::::,whichsaid..sl1bdivl~ion plan'is recorded in the Office of the Recorder of Deeds in and for Cumberland ~,;:::{,'Gounty, P~nnsylvania, in Plan Book 65, Page 134, as follows: ' t!7:;'~.::: '::,:' ":: ~. '. : ., .:':. " ., ;' " ;~(;(::, ':::'BE;GINl"/'ING at,an iron pin on the easternlinc:J of ClearviewDrive at the northwest comer of Lot ~;:'i.:;No.7 on. the hep:;ina!?ove mentioned subdivision plan; thence along the nonhern line of said Lot No.7, f~i;',,':South 86"degreesOO'minutes 00 seconds East 132.94 feCI to an iron pin; thence along LOl No. 1 (residual r~~:~:'CiiSea); Nort~ 04 d~git;es. 00 minutes 00 seconds East, I ~4.00 feet to an iron pin: thence ~long tbe ~outhc:m ~~~:r,..J.llleof a pnvaterlg;ht:ot way.. South 83 degr~es 31 nl!nlltes '27 sec,?nds West 122.72 f:el to an lrtlD pm; I;':" fI1ence by,the"sl!meby' a curve to the left having a radIUS of 15.00 teet, an arc lengthol 20.82 feet to an r::':i:.:iron pin;!lieilc~ !'long the eastern line of said Clellrview Drive, South 04 degrees 00 minutes 00 seconds ~1:.::':w est 66.94:feettoaniron pin, the point and place of BEG r N N IN G. l:lJ..~:;'.."~': ... :." <./ . '.- .:. :, , ~,:::''';>'>.." Bi!:Il';jq Lhi No.6 on rhe hereinabove mentioned subdivision plan: l'1nd containing 12,161.08 J-;.;',.. . 'eel' .. ' . . .. ..)1 .........., f~i\, "./. ",' '.. .:.:..' .' ' tN>::: . .:BEiNG::-the sameprernises which Paul L. Cline and Ma,jorie M. Cline, his wife, by deed dated ~\:.:,~Jan:uary 3; 1996:ai1C,l recorded February 2, 1996 in the Office of the Recorder of Deeds in and for t\',.' CumberJinid CquQty;S[ Carlisle, Pennsylvania in Deed Book 134, Page 733, granted and conveyed to ~;::;:' .1;.yoford K;D.onfvlm imd.Sandra A. Donivan, husband and wife. . " . ~i?"\\,;:' ..:. ....:... .:..; ."n,: " llii';:.: ,.' i.. "j' . , , . ".... ~.:.,~.:.;~~'. ;:~~: >:~~ ~"~". . ".'r, .'.:.-l- ,., ". sooK1359 PAGE 63 '--' ",. "l",' " . '''f.-,' VERIFICA TlON SHIRLEY J. EADS hereby states that she is FORECLOSL'RE SPECIALIST of GMAC MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter. that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities, DATE: ~~/ol ,[;:,"-<<,--,;,;1",,:, k.>";-i""BIiii!l_~Wi'illjl,MH",-i;M"L~'_F!l-"",*),",,-'<I~'"""--",~,~'" "W . ,.j'"'~~~I1i' ,~-~ , 'I !I Ii Iii II \1 11 I 0 C) 0 C 1'1 7 -;--; ....'rq P1 ~~:~~ \...:0 d --;7r---- I :-n ~, CJ S?~~: CP. L, s=C) l._ =l::3~ ^,j :i>() =t ('?5 i:~l 6 ol~n L Z "" :;! :<! :0 '0 -< f~ "- "- ..... c '" ...:, '" y.., 6' ~ " ~ ~ j "- "ll ..( "" (.0., -< , , s:> d , ~ c.- d t ~ t "."",~,. '^''',~^ ~ ~O" ." " .' ,.",_"~, M ~ ~_, J, ~~, 'w,,', ,< ,,., ,~~ ,~><- - ~ . SHERIFF'S RETURN - REGULAR . ... CASE NO: 2001-00725 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS HUBER MAUREEN A ET AL GERALD WORTHINGTON '= r ,'," "~.;J -it!:;;; , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE HUBER MAUREEN A was served upon the 2001 DEFENDANT , at 0017:33 HOURS, on the 20th day of February at 41 WOLFSBRIDGE ROAD CARLISLE, PA 17013 MAUREEN A. HUBER by handing to a true and attested copy of COMPLAINT - MORT FORE NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31.10 Sworn and Subscribed to before me this ,:H; ~ day of Jq ~ I AD *~h~~O~ ~ IjUi ;:;~~., R. Thomas Kline 02/22/2001 FEDERMAN & PHELAN BY~4 &J-ttJ.~ Deputy She ff ~ ~ 1 ~I "''''--il~<ci, - SHERIFF'S RETURN - REGULAR CASE NO: 2001-00725 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS HUBER MAUREEN A ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KEOUGH BRANDON T the DEFENDANT , at 0017:33 HOURS, on the 20th day of February, 2001 at 41 WOLFSBRIDGE ROAD CARLISLE, PA 17013 by handing to MAUREEN A. HUBER (WIFE) 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 6.00 3.10 .00 10.00 .00 19.10 so, An~:;,r/,s ~ ~ ~~ri"t:f'~ R. Thomas Kline 02/22/2001 FEDERMAN & PHELAN Sworn and Subscribed to before me this ;l f iL day of BY:-4~ /~~ Deputy She ff 3~ ,;kv! A.D. ~~f2 ~A~ rothonotary , ,,-='"' - , ,__)', c, , , I!;>~", '. 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 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION vs. : NO. 01-725-CIVIL TERM MAUREEN A. HUBER BRANDON T. KEOUGH 70 CLEARVIEW DRIVE 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 MAUREEN A. HUBER and BRANDON T. KEOUGH, 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 2/1/01 TO 3/27/01 $89,204.09 $852.50 TOTAL $90,056.59 1 hereby certify that (I) the addresses of the Plaintiff and Defendant( s) are as shown above, and (2) notice has been given in accordance with Ru1e 237.1, copy attached. ~-~~ FRANK FEDERMAN, ESQUIRE Attomey for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. ~ DATE: (77::J/J r A .;t~ ';}-oD{ {]M-h- ~ p- PRO P'ROT "THIS FtRM 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 ATIEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** ,""'~ .- -, ~' "' < .. "~ ' ,L, ' 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 GMAC MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. CUMBERLAND COUNTY MAUREEN A. HUBER BRANDON T. KEOUGH NO. 01-725-CIVIL Defendant(s) TO: MAUREEN A. HUBER 70 CLEARVIEW DRIVE CARLISLE, PA 17013 DATE OF NOTICE: ~CH 13. 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 because you 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, go 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 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff " '2"""""""''''' "~ . ~" '~ , ~ ,~ -~ . . FEDERMAN AND PHELAN 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 GMAC MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. CUMBERLAND COUNTY MAUREEN A. HUBER BRANDON T. KEOUGH NO. 01-725-CIVIL Defendant TO: BRANDON T. KEOUGH 70 CLEARVIEW DRIVE CARLISLE, PA 17013 DATE OF NOTICE: MARCH 13. 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 because you 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, go 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 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff " ,~,.,,~ ~~ ,,; ~ f":M:_,,~" 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 : Court of Common Pleas vs. : CIVIL DIVISION MAUREEN A. HUBER BRANDON T. KEOUGH : NO. 01-725-CIVIL TERM 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 kuowledge ofthe 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 MAUREEN A. HUBER is over 18 years of age and resides at 70 CLEARVlEW DRIVE, CARLISLE, P A 17013. (c) that defendant BRANDON T. KEOUGH is over 18 years of age, and resides at 70 CLEARVIEW DRIVE, CARLISLE, P A 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~-L?~ FRANK FEDERMAN Attorney for Plaintiff '" -~ , '.,', ..-,. ',C '";/ (Rule of Civil Procedure No. 236 - Revised) GMAC MORTGAGE CORPORATION : CUMBERLAND COUNTY Plaintiff : Court of Common Pleas vs. : CIVIL DIVISION MAUREEN A. HUBER BRANDON T. KEOUGH : NO. 01-725-CIVIL TERM Defendant(s) Notice is given that a Judgment in the above captioned matter has been entered against you on MARCH;;29 .2001. {!y an-,. c _C;?7p/?/U... J11EPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN. ESQUIRE Attorney for Filing Party One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 **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. ** J ~'Ji-.,;;",,~-:,-, ~ ....~..J...~iIIIi' , iliL '''- "," '",-.i.,~ '~.. ,,-~ ,< ":,,, ,;"" "" : ''j'~~~~i\i:Mi!ill1.~~~;\.'f1g~I;",",.,''~&'',",{''cf';:t~i,-.,~i.,",h''''~iji...ill~~liIl!tiIL",g '~ !h8 fii , ~ ~ ~ "<t 0 C:::-J' CJ ...a c -'II =E':" _.:1.. & v(},: :i.:;.,. :,-.1 nlfY: :::0 --1] ~?~ "---,' N '- Z~ p- ...... ~ Cj) ,.', \,..0 -<>: () -..) ~ ~~:"'~ l ~ -c: - 0 ~t: ...,'~" ... Iv 1 -o::'~.. Ul " ::;! --J t -- -~,-,~~ t<~ " ~" "<=. ~" .. ,"t>o~~i;,; ,. " PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC MORTGAGE CORPORATION Plaintiff, v. No. Ol-725-CIVIL TERM MAUREEN A. HUBER BRANDON T. KEOUGH Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $90.056.59 I Interest from 3/28/01 TO 9/5/01 (per diem - $14.80) $2.382.80 and Costs TOTAL $92.439.39 ~kL~" FRAJ{KFEDE~,ESQUIRE ONE PENN CENTER at SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103 Attorney for Plaintiff Note: Please attach description of property.No. ..~1.~J~li~lL-!~~jj~' "~~'.mh'" , , .. " _1il1' ,:ii&;ji'lt,:lti~~j-,i~'j'\'i~"","Yi,-;J,,,I";;""0iJ!g)j""~'jjil<i.'ti;f~.,..,,,,,,,,-,."' '"~ oL l:"!jil[..iIill~""'''''- . .... . S~f'l :;;J!:2..... O~~ ~~:;; . ~~ ......... z~rJ o .... ~~;!l ~;:$ ~d~ o~ z z 0 =:l~U 00..- 0 ..... -<.... ..... .... ~>< .... :;;J ~ ....00 ~ ,,= U ..0 ~z ~e "!:2f'l Zz 0 ~I-' ~ ..... il) Q o~ ~ =:l:;;J ~ = 1::: =:l~O ~ ~ ~~ :;;JO ~ ~ O'S :;;J~~ '" ~ . 0 ~~ 0'U .- = -< il) OJ ,!:) 0 o~ U il) ~ <~~ 0 -< . .... .. A., 1? 0 uz ~ .; z.... !:2~ .. z~rJ N ~:;;J ;. <8 S s. 00 ~ ~Z ~~ >. ~ .... '" ~g ~~;!l .. ....U " .. a il) il) ~ o~ :;;J....~ g. E-< ,,~ ~~ E ~ 8 0- :;;J~ 0 ~6 < ~~u e 8sa ~ ~=:l il) ~ ..0 U ..... i$ ~~ U 0; ~ ~ '" ==:l .;,j il) ....~ il) .t; Z:;;J I-' ~ ~ .....U ~ ii: (") 0 0 c: " s: ::;;: :.::1 -0 OJ :t:,'Illl ,';--; :Cl nlrn -< ",- Z:-Xl I "..,(n ~~. 1\':) .-J .~~ -'< .- yi..J '" "'" P.~--" ~~.,.- Z'" -0 01,1 )>c:: ~.."l ~ N ~ lD '< "" .. .. ' ,~~~._. _ _~ ,~,~ __,,.. __<', > ',-,..0.-, ",~,."" ,. ',. -,'^ -~ ~ ~.. , " ~ ,v, ~ " ~ . " ALL THAT CERTAIN tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, and more particularly bounded and described in accordance with Final Minor Subdivison Plan for PaulL. and Marjorie M. Cline, prepared by Fisher, Mowery, Rosendale and Associates, Inc. which said subdivision plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 65, page 134, as follows: BEGINNING at an iron pin on the Eastern line of Clearview Drive at the Northwest corner of Lot No.7 on the hereinabove mentioned subdivision plan; thence along the Northern line of said Lot No.7, South 86 degrees 00 minutes 00 seconds East 132.94 feet to an iron pin; thence along Lot No.1 (residual area), North 04 degrees 00 minutes 00 seconds East 104.00 feet to an iron pin; thence along the Southern line of a private right of way, South 83 degrees 31 minutes 27 seconds West 122.72 feet to an iron pin; thence by the same by a curve to the left having a radius of 15.00 feet, an arc length of 20.82 feet to an iron pin; thence along the Eastern line of said Clearview Drive, South 04 degrees 00 minutes 00 seconds West 66.94 feet to an iron pin, the point and place of beginning. BEING all of Lot No.6 on the hereinabove mentioned subdivision plan; and containing 12,161.08 feet and having thereon erected a single family dwelling house and mailing address of 70 Clearview Drive, Carlisle, Pennsylvania Being known as: 70 Clearview Drive, Carlisle, P A 17013 TITLE ~O SAID PREMISES IS VESTED IN Brandon T. Keouah and LHubfier, smgle pe.rsons, as joint tenants with the right of survivQf;hip by ~::eefrno yn ord K Domvan and S dAD . ' m recorded li2/97 in Deed B:kr~51'pa::;:;.' husband and wife dated 12/30/96 and TAX PARCELL NO: 29-16-1092-021 ~~~fjj~~~<1rfu>t\,t'i'~,b~~i\\1,;~J,,*-4-;:<;1@iil?M.t6"k,"U-;i~jk'.t;'_; ~\ R ~ vJ u-> -- ~ - ~ c -.1 -r- " ~~,. ~~~', .,'~"'''"''~- ,;,;;""'+,~,,l1;"l' ;,:"'i""5!;tJW!EHdi'll',:ll~i!liIJllill&MIJbIl1l .- ~'nd~ .i~~rr T'""..... ' - rD 5L- \ r-~ Y--. , ,... c. \)(.. J 0 i \ I R... - ~....t::--.........."" <.)'0, -- I ~ ~ <...). G-.., ~. ~ I :- 1 I- I ~ - - .~ ~. c C .~, ~ , H' "';. .... ., , . (~ 0 C) 0 C ~--n s: - - -a en :l:'" ::TI 1-nIT: -< ~~!l~ Z~':,' I zc (fJ ~'.::" -' t.?6 -<,,; ~r.::-: -Ti -0 :\::2] ~(~; -"- '..... 0 ...-c--, - ~~rn )>...--.- ~- ., ;-.:.:; N ? :::.;! ::0 \D -< " '.',., " ~~ "" 'J,,,.' ,',.',", i~~.l" -GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS MAUREEN A. HUBER BRANDON T. KEOUGH CIVIL DIVISION NO. 0l-725-CIVIL TERM Defendant(s). 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 70 CLEARVIEW DRIVE, CARLISLE. PA 17013. 1. Name and address ofOwner(s) orreputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) MAUREEN A. HUBER 41 WOLFSBRIDGE ROAD CARLISLE, P A 17013 BRANDON T. KEOUGH 41 WOLFSBRIDGE ROAD 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.) L YNFORD K. DONIV AN 116 W. HILL CREST DRIVE CARLISLE, P A 17013 ~ ", ,..,;.,',j,- '" ""', .'.;1ij, 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 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/OCCUP ANT 41 WOLFSBRIDGE ROAD CARLISLE, P A 17013 DOMESTIC RELATIONS OF CUMBERLAND COUNTY 13 NORTH HANOVER STREET CARLISLE, P A 17013 COMMONWEALTH OF PENNSYL VANIA 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. ~k14 FRANKFEDE ,ESQUIRE Attorney for Plaintiff April 30. 2001 DATE ;;V~-'","'il ~J: ''__0' , , Mill! '(""~ti:f-;]Ij~liif,~Ii,Hj"'~~Mli,"'~M1'h "~-'-&Hiiir,y,;;;-,,;,:li~.~ ,", ""~-," - ~, ~" ,~ ,,'~' ~'-"'-' ,""";,p-,"",,,", " ^'" "r" '- --","'-> " -"'^ ,'", ~ .',,", ""~~'" .-" ~,~--J.i.~_ ~, . '. ~ '0 ,.,. ...'-',..- ~ K.l';! I' II . 0 0 0 C 'Tl $: :J: vrT! "" ,., m", -< ::z-:::. :X.l I ,'Jhl Zi:;: ~~~!Q U><~ ..-J ~~3~: -<>.-: r::c.::' -0 ~C) ~ ~~i~ ~Ci (3,-\1 >~c ----I Z N ~ :;! \.0 -< ~; ,-,,".JI ~ .',,:1,. ',".ny" ,~, c' i, i~~;:;k 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 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION MAUREEN A. HUBER BRANDON T. KEOUGH NO. Ol-725-CIVIL TERM 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. U1-~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~""""'t~""'_~~-\t~j@,~..m~l'!i~~~~~'\3"ili-;A")",~hj,-;;"!""i,;,, o'iJ3",,;!ol, ,";:"1<~iil!E>l!i:lJ ',"'~' W..k.:.. ~-'. -;.." ~",-....,- u" ,~- ' __~" ~,c, >'or!',o ,", ,," ^" _",~, ,_, ,_, ~,>I"",t.,.., ,_",C~"" , ''"''-' '&ll!U'jiil1a1..lW!!fl~,,'~I<liJruj;j ,"-- ~ , (") C (J C "'["J <- ::1: -4 ~ V1,:X:; "'" ~l- ~ mf..r -.( "'~ _I j Z.J" , I ',""" Z; S;:~ -.l ',,'~)-C:) -<.L_ :,3~~~ r:::CJ -0 ~--, .: ') .~,; Z'--; -- 3~~ ---u - ::t>c: .. =p! '7 '!" ::? ,.0 ~ lU~~jY: l:~ iC: .~ t ~% ~; "'Ii".,. ~'I ~ ~'''<>.'''i . " . , .. '" .. . 'i,~ , GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. Ol-725-CIVIL TERM MAUREEN A. HUBER BRANDON T. KEOUGH Defendant( s). April 30, 2001 TO: MAUREEN A. HUBER BRANDON T. KEOUGH 70 CLEARVIEW DRIVE CARLISLE, P A 17013 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON 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 A TIEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at 70 CLEARVIEW DRIVE, CARLISLE. PA 17013, is scheduled to be sold at the Sheriffs Sale on 09/05/01 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 12/05/01 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: 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 fmd 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. ,,~~"~ .'. -' ~, '.',;", . "~. " -"'<<.-.M.J.."' You may need an attorney to assert your rights. The sooner you contact one, the more chance y<'>u 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 Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordaoce 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 innnediately 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 , '. ,'" .' , .r'llI~""."'O. ~oIM1'"",1 GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 01-725-CIVIL TERM MAUREEN A. HUBER BRANDON T. KEOUGH Defendant(s). April 30, 2001 TO: MAUREEN A. HUBER BRANDON T. KEOUGH 70 CLEARVIEW DRIVE CARLISLE, PA 17013 "TIllS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WlLL BE USED FOR THAT PURPOSE. 1F YOU HA VB PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TIllS DEBT WAS NOT REAFFIRMED, TIllS IS NOT AND SHOULD NOT BE CONS1RUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 70 CLEARVIEW DRIVE. CARLISLE. PA 17013, is scheduled to be sold at the Sheriffs Sale on 09/05/01 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 12/05/01 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. ,;i;~-"- '~".."'~-...'" ,"'~~" ''''. " ~~,,~,.,.h!il~.lf"" \ 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. lfthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer 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 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 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 innnediately 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 :s"",..."",~j~kO' . ,'. '"-'-' ~ ........~N""<r"",',<Al.M:"~'" . ALL THAT CERTAIN tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, and more particularly bounded and described in accordance with Final Minor Subdivison Plan for Paul L. and Marjorie M. Cline, prepared by Fisher, Mowery, Rosendale and Associates, Inc. which said subdivision plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 65, page 134, as follows: BEGINNING at an iron pin on the Eastern line of Clearview Drive at the Northwest comer of Lot No.7 on the hereinabove mentioned subdivision plan; thence along the Northern liIie of said Lot No.7, South 86 degrees 00 minutes 00 seconds East 132.94 feet to an iron pin; thence along Lot No.1 (residual area), North 04 degrees 00 minutes 00 seconds East 104.00 feet to an iron pin; thence along the Southern line of a private right of way, South 83 degrees 31 minutes 27 seconds West 122.72 feet to an iron pin; thence by the same by a curve to the left having a radius of 15.00 feet, an arc length of 20.82 feet to an iron pin; thence along the Eastern line of said Clearview Drive, South 04 degrees 00 minutes 00 seconds West 66.94 feet to an iron pin, the point and place of beginning. BEING all of Lot No.6 on the hereinabove mentioned subdivision plan; and containing 12,161.08 feet and having thereon erected a single family dwelling house and mailina address of 70 Clearview Drive, Carlisle, Pennsylvania ~ ' Being known as: 70 Clearview Drive, Carlisle, P A 17013 TITLE ~O SAID PREMISES IS VESTED IN Brandon T Keouah and "1 Huber smgl . . . ~ Ivaureen L nfo;d K e pe~sons, as Jomt tenants w!th the right of survivQfship by Deed.from y d d . Do~van and Sandra A. Domvan, husband and wife dated 12/30/96 and recor e 1/2/97 ill Deed Book 151 page 542. TAX PARCELL NO: 29-16-1092-021 ~~~~;ili:~'@-.it...<Ki:&_'-;-'~'hM;,'r,",j'.k!":~~6.,~,,;i,~lc' ,;,i'W';''''i;'if1~illi!l'~''''''.r~'''~~-~''~ , " ..,~" -" " -" ~," ~ ~=~ '""'""""""'!lI1I!n~r'i1J:'j~';m~ '.~_t:J!i1'61~ o c ~ ~~:,: C:::Ci j~o ~C) Pc ~ -< ~ -~ a Cl --n :x "'" -< I .-1 :;; !--"l 'I::J C=, ", (;'~~ Ofn "" :;; -< --',? N \.0 ii,;' I ! f , . Served and made known to fA. Ol. V {LEO E' tJ A. at::) : ';<';;-, O'clockf.m., at tf I Wo' f~ of Pennsylvania, in the manner described below: X 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. . \ AFFIDAVIT OF SERVICE GMAC MORTGAGE CORPORATION DEFENDANT(S) MAUREEN A. HUBER AND BRANDON T. KEOUGH ." \ PLAINTIFF SERVE MAUREEN A.HUBERAT: 41 WOLFSBRIDGE ROAD CARLISLE, P A 17013 SERVED rt~ b e ~Defendant, on the r~)jZ\~J~ fZ.~'J' Other: ,",,,,-, No. 01.725-CIVIL TERM Type of Action - Notice of Sheriff's Sale Sale Date: 09/05/01 IlL dayof C~ "'-- \'\ ~ \ <- - """".~-. ~",,-,,,,,1;i!ilil!.,,,",;J-1;_';,'- j.A. 'd. t .200], , Commqnwealth Description: Age!b2 Height -4 t I Weight l.f () Race /.J k Sex Lather I, C\d-<<-~""Le.. k. C'd.1L -\:'(. if~petent adult, being duly sworn according t~ law, depose andstate that I personally handed a true and correct copy of the Nohce of Sale m the manner as set forth herem, Issued m the caphoned case on the date "and at the address indicated above. NolMal Seal Stacy L. Heefner, Notary Public Chambersburg Bora. Franklin County My Commission ires g. 5. 2002 Member, ns i fion of No By: ,~~J Sworn to and SJjtbed befOre e is day of 2001- Notary: ~.~ NOT SERVED On 'lle _._.~ day of o'clock _.Ill., Defendant NOT FOUND because: ,200_, at Moved No Answer Vacant Unknown ~ Other: Sworn. to and, subscr.ibed bef~re 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 ~L~",", "" :~l.!;!~~~1<,,'\'ig,if<l:!@l~'.i-,,1iI,~,'jdM,"'L':'"''W''\tjl~1.iiM'.~,j'~,~iiG}~~hl.tjJUj j[ ,'<,,,,,',_, '",,0''',....,,'' """,""~ ",~".,,","!__"''''C' ,...= _.~?,'_^ . ,,'pO "~"" .'~__v" ~. ,-~--' ." nmiil!l~~W\~!ilIiJ ~y n-_~~i~ilil'~" -~'~ .;'"~ ~ 1. . - (') Cl 0 ~ " C- --I lID c= ;:]~-n ,. 93 :z I'P 1 -,~~m ';i; --}JO -"""' S::\6 z ~o -u -r,fl ~B :x B:!J z~ 5>c: w 0 .. <p! ~ ()'l ~ ~ " ~;;" ,,,. . ,..~. { , , \: I I I I I I , , I I I . ~ ~ ~ . ",p , AFFIDAVIT OF SERVICE GMAC MORTGAGE CORPORATION DEF1l:NDANT(S) MAUREEN A. HUBER AND BRANDON T. KEOUGH . PLAINTIFF No. 01-725-CIVIL TERM SERVE BRANDON T. KEOUGH AT: 41 WOLFSBRIDGE ROAD CARLISLE, P A 17013 Type of Action - Notice of Sheriff's Sale Sale Date: 09/05/01 SERVED \<eov:1'" , Defendant, on the 0~;.l C {l~\ Served and made known to {6 (Z.at-> c\.olJ \. at~o'clock4.m.,at (Wo ~ ~ of Pennsylvania, in the manner described below: t\'-" day of ~R\\5\~ ~ Defendant personally served. \ L Adult family member with whom Defendant(s) reside(s). Relationship is Co -~.. h, "'.:",.,> \. 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. Other: ,'........oio-""" -""'"""""",,,,,,,,..m,-p.b,,";- M"",( , 200..!. Commonwealth M~u (l...eelV I-\.;b~((.. I I, Description: Age.JtQ Heightfl Weight~ Race \All., Sexl Other I, C\~'(l.e.IUC t. !.-, C"'~ "-y. a~;;;petent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Notarial Seal S d Jlrb d Stacy L. Heefner. NOfary Public worn to an . s s n e Chambersburg Bora Fra In County, beti~re e IS day My Commission I 9.5.2002 of , 200j. ~embe'. Pennsylv a Not Notary: I ~. \>R. By: U 0 U I NOT SERVED ~~ On th" day of o'clock _.m, Defendant NOT FOUND because; , 200~ at Moved Unknown Vacant No Answer Other: S worn to and suhsclibed 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 ~;.. -t L:~_jllli~~,.j;!I~~;l.'iliilli!E~M"~"'f~">,",l;"';:"Lt,-l1':i~"";Ji;;cikl~~iv~,f':'''''~i~->''''''''T'" - ~IKBlri' ~ ~, ilIt~;W;;~~ T' '1J;'i:'f"" ,~" ","'1,_~" ~"'C< ~ ~~,",,~'," ,',,~ ,""~' ", ~'~ ~-,.,', _, ,,"" _!,,"" .~ ~- , .. --~, ~ -. . " --l; I , e c:> ~ - 5: E .-,! "OOJ 'J:,~ --n ~91 % r-np I ~{J-rn :D'i' ~~ ~ 9'11 ~o -0 :.L-ri Jg :x 90 w 6m ., .c.; ~ - ~ UI " ~tJ "" $I "'" ~ ,"'" A,';, ,,~ " ,',' -i'" ill1i1~~i~~f' " FEDERMAN AND PHELAN by: Daniel G. Schmieg, Esquire Atty. 1.0. No. 62205 One penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. MAURElSN A. HUBER BRANDON T. KEOUGH CIVIL DIVISION NO. 01-725-CIVIL TERM RULE AND NOW, this 22...,J day of 14 ~Q-.>~t 2.Dv I , a Rule is entered upon MAUREEN A. HUBER & BRANDON T. KEOUGH, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. t.A.' 'I tt r,,' 2-0 d?f s. J ~ v'rc..c... RULE RETURNABLE th~ J.ay vI BY THE COURT: ~~:~ ~~ \}~. ^~ ,', ,"",I, ""_~~~~1W:;~.jf,jj_!l<<.,;{ikW~kl",1W,i!iO~-t;:;!'l~.h.Lijl[ 'G ^~ "x~,,~ _ L , ~ - 1 '~ \7:1'1'-"1 A.ilVn;~))-r ~':\~iY.N.~d '" , \' '..f"",QI/lfn. '.," b ,8 g~1 : f t..J) ), (J\?~L ~~... (">"';1 ...(, :Jn~ {'n 'J "",", ~ .' J.~""" ." '-- .1 .' ., ~~-,~ x , , ~ I.~' __~L ,', '~.. I ":'.,0. ~oiwJ L@j '. FEDERMAN AND PHELAN by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION CUMBERLlIND COUNTY COURT OF COMMON PLEAS VS. MAUREEN A. HUBER BRANDON T. KEOUGH CIVIL DIVISION NO. 01-725-CIVIL TERM ORDER AND NOW, this day of , the Prothonotary is ORDERED to reassess the damages in this case as follows: Princip~l Balance Interest Amount 3/1/00 through 9/5/01 Late Ch~rges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Apprais~l Fees Escrow Credit Deficit 78,023.43 8,556.00 358.02 3,901. 00 1,107.00 0.00 101. 00 300.00 TOTAL 0.00 2,319.68 $94,666.13 Plus interest per diem from 9/5/01 through Date of Sale at six (6%) percent. NOTE: THE ABOVE FIGURE IS NOT A PAY OFF - SHERIFF'S SALE COSTS AND COMMISSION ARE NOT INCLUDED IN THE ABOVE FIGURES. BY THE COURT: J. "~ "L ',' ~ ---""',.--""'-"~", ,< FEDE~ AND PHELAN by: Danie1 G. Schmieg, Esquire Atty. I.D. No. 62205 One penn Center P1aza, Suite 1400 Phi1ade1phia, PA 19102-1799 (2151 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. MAURE:EN A. HUBER BRl\NPON T. KEOUGH CIVIL DIVISION NO. 01-725-CIVIL TERM PRAECIPE FOR RULE TO SHOW CAUSE TO THE PROTHONOTARY: Kindly enter a Rule upon MAUREEN A. HUBER & BRANDON T. KEOUGH, Defendant (s) to show cause why the attached Order for Reassessment of Damages should not be entered. Of) OJ[ Daniel G. Schmieg, Esquire Attorney for Plaintiff , " " c,.. ~.'--" <'" ~-","-"~.'oWw-",, FEDERMAN AND PHELAN by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (2151 563-7000 GMAC MORTGAGE CORPORAT!ON ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. MAUREEN A. HUBER BRANDON T. KEOUGH CIVIL DIVISION NO. 01-725-CIVIL TERM PLAINTIFF'S PETITION FOR REASSESSMENT OF DAMAGES Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, moves the Court to direct the Prothonotary to reassess the damages in this matter, and in support thereof avers the following: 1. This is an action in Mortgage Foreclosure in which Judgment was entered by default dated on MARCH 29, 2001 in the amount of $90,056.59. 2. A Sheriff's Sale of the mortgaged premises was postponed or stayed for the following reasons: The Defendant(s) filed a Chapter 7 Bankruptcy 1#00- 02949RJW) filed on JULY 6, 2000. Plaintiff obtained relief from the automatic stay by Order of the Court dated OCTOBER 20, 2000. 3. The mortgaged premises are listed for Sheriff's Sale on SEPTEMBER 5, 2001. 4. Additional sums have been incurred or expended on Defendant (s) I behalf during the time the sale was postponed or ,)~- " .,,, ~ ,I .i' '.' . "--~ - ~ ."" '"",-';,,'-- ,:," , r~ stayed, and Defendant(s) have been given credit for any payments that have been made since the judgment, if any. The amount of damages should now read as follows: Principal Balance Interest Amount 3/1/00 through 9/5/01 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees EscroW Credit Deficit 78,023.43 8,556.00 358.02 3,901.00 1,107.00 0.00 101.00 300.00 0.00 2,319.68 TOTAL $94,666.13 5. Under the terms of the mortgage, Plaintiff is entitled to inclusion of the figures set forth in paragraph four in the amount of judgment against the Defendant(s). WHEREFORE, Plaintiff respectfully requests this Honorable Court issue an Order to the Prothonotary to reassess t as set forth above. '" Daniel G. Schmieg, ESQUIRE Attorney for Plaintiff -2- ~ , ,.~ --,,-,'..~--, ',', '" "".l_"H'- FEDERMAN AND PHELAN by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. MAUREEN A. HUBER BRANDON T. KEOUGH CIVIL DIVISION NO. 01-725-CIVIL TERM BRIEF OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I . BACJ<GROUND OF CASE Plaintiff and Defendant (s) entered into a Promissory Note and Mortgage Agreement, wherein Defendant (s) agreed to pay Plaintiff principal, interest, late charges, real estate taxes, hazard insurance premiums and mortgage insurance premiums as said monies became due. In turn, Plaintiff's Note was secured by a mortgage on the subject premises. The Mortgage Agreement indicates that in the event Defendant(s) defaults, Plaintiff may pay any necessary obligations in order to protect its collateral, the subject premises. In the case sub iudicia, Defendant (s) failed to abide by the Mortgage Agreement by failing to tender numerous, promised monthly mortgage payments. Accordingly, after Plaintiff determined that Defendant (s) were not going to cure the default and bring the loan current, Plaintiff conrrnenced a Mortgage Foreclosure Action. Judgment was subsequently entered by the Court, and the subject property is scheduled for Sheriff's Sale. Because of the excessive period of time between the initiation of the Mortgage Foreclosure Action, the entry of Judgment and the Sheriff's Sale date, damages as previously assessed by the Court are outdated and must be increased to include current interest, real estate taxes, insurance premiums, and other expenses which Plaintiff has been obligated to pay under the Mortgage Agreement in order to protect its interest. ,," ^, "- i'" '''''''<~~'i~,"1 .' II. ARGUMENT FOR REASSESSMENT OF DAMAGES The Pennsylvania Rules of Civil Procedure are silent with respect to the issue. of Reassessment of Damages; however, Rule 1037 provides, "the Prothonotary shall assess damages for the amount which Plaintiff is entitled if it is a sum certain or which can be made certain by computation..." In the instant case, the amount to which Plaintiff is entitled is readily calculated by review of the Mortgage Agreement, which is of record, together with the Complaint which specifically lists the items chargeable. Clearly, if Rule 1037 gives the Prothonotary the right to assess damages for the amount to which Plaintiff is entitled as set forth in the Complaint, the Court has similar power to reassess damages at a later date. In addition, Rule 1037(a) provides that the Court, on motion of a party, may enter an appropriate judgment against a party upon default or admission. If the Court has the power to enter judgment, it certainly has the power to do a lesser act, to wit, reassess damages. It is settled law in Pennsylvania that the Court may exercise its equi table powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments Sec. 191. See also, Stephenson v. Butts, 187 Pa.Super 55, 59, 142 A.2d 319, 321 (1958); Chase Home Mortqaqe Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super 1988) . In Chase Home Mortqaqe, the Court stated that where a judgment has been assessed following defendant's failure to file a responsive pleading in a mortgage foreclosure action, a mortgagee "... could properly move the court to amend the judgment to add additional sums due by virtue if the mortgage's failure to comply with the terms of the mortgage agreement..." Id. at 24. Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. See Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971) . Plaintiff submits that if Plaintiff went to sale without reassessing damages, and if there was competitive bidding for the subject premises, Plaintiff would suffer irreparable harm in that it would not be able to recoup monies it paid to protect its interest. Conversely, a reassessment of damages ',," >":<; , ~' '-",' '''"u.1 , ~<i~ .' will not be detrimental whatsoever to Defendant (8) as it imputes no personal liability. The Supreme Court of Pennsylvania found in the Landau v. Western Fa. Nat. Bank case that the debt owed on a mortgage changes and can be expected to change from day to day, because Western Pennsylvania must pay expenses for the property in order to protect its collateral. 445 Pa. 117, 282 A.2d 335 (1971). Because a mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. See Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Therefore, Plaintiff respectfully submits that if the enforcement of its rights are delayed by legal proceedings and enforcement of its judgment, and such dela.ys require the mortgagee to expend additional sums pursuant to the Mortgage, then said expenses become part of the mortgagee's lien and should be included in said judgment. As the Court indicated in FNMA v. Jefferson, an unreported case a copy of which is attached hereto, since the charges enumerated in Plaintiff f s Motion for Reassessment of Damages were incurred pursuant to the Mortgage Agreement, and the mortgage had not yet been paid, said charges should be included in Plaintiff's judgment amount. May Term, 1986, No. 2359 (CCP PHILA. 1986). III. CONCLUSION Plaintiff respectfully requests this Honorable Court grant its Petition to Reassess Damages. Plaintiff respectfully submits that it has acted in good faith in maintaining the property in accordance with the Mortgage, and in reliance on said instrument with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests this Honorable Court to reassess the damages as set forth in the Petition to Reassess Damages. ()]U DANIEL G. SCHMIEG, ESQUIRE , ..., .. '. '. "". " I , ~ ", " l.......... ":'~! -" , - . Ri=CC;,\,.:r, .'..-. 'I. _ "'=': -'-"'~.t...:) :-~~~ -, 1 8al~ ~: .../ .' j';~ ';3/"::> FEDERAL NATIONnL MORTGAGE ASSOCIATION COUR? OF COr-'lMON I'Ll~l\S PHIU.DELPllliI CO.UN'r"l.' C!V~L TRIAL DIVISION vs. . JOSEPH JEFFERSON' an~ . ROSIE JEFFE..t!SON, his \vife '. HAY TERM,' 198:C ;.,.. NO. 2359 '..Hlil '.: .. ~ ! ORDER AND OPINION WRITE, J. 1\.ND NON, this '. 7' day of .;-- rea , 11106, upon consideration of Plaintiff, Fedcra,l National t10rtgaQc Association's Petition for Reconsideration Nunc Pro Tunc of this Court's Order of November 7,1985 and the Answer thcJrGto of Defendants~ Joseph Jefferson and Rosie Jefferson, it is hereby O~DERED and DECREED as'follOWS;\ 1) Said p~~~~on is GRANTED: 0"" r. . ! _~1.: .t"'\ ' 2) r.~~i~~~rt's Order of November 7, 1985 i~ .,,,,,] . ,..r,'.I . ,..:,.,. . r.z~ ~...i" ,\."~ REVERSED and 1? 1aintift\' S Motio~.for Reassessmcnt.'c; Damac;cs i.s ,(,...:. ,.,,~~~\J -...\ --: ~ \):~ ,~ ".' <'\'\;)' _."'.~ "i:,\{'-.. .. ' ~, . 3) J'u',~)..\cnt 1.5 n~ro!Jy 1.ncroall"d to $6,147..71. '. GRANTED: BecauSl~ Pl,aintiff was requ'ired to acc:ept cut'rt;nt mortgage payments upon the f.iling of Defendants' bi:>.nkruptc;y . , . petition and in fact did so, it"is necessary ::0 rci'lSsC!ss the a~ount of da~ages that initially were assessed after judgment by defau1 t was' entered in this action. . Because Defendants have not refuted the specific amounts claimed - l - , /".,.1'" .~' ~ ,/ - J ' . ,"" - " .' ',= - " by Plaintiff in the instant Hotion for Reassessmc~t. thiw pursuant to Fa. R.C.P. 1029(0). Court find3 that Defendants have admitted thase amounts,. EY THE COURT: ~~~-:- THOMAS A. WHITE, J~ ; I , 'jl ....J"n~ '; :., ." . . . :,,' '. . . . .' ',' !"' " \ , - ." "" . , '~'. " --' ','< "'" , ~'i&i! .' '. VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Petition for Reassessment of Damages are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. e.s. ~4904 relating to unsworn falsification to authorities. DATE: August 15, 2001 Q}U Daniel G. Schmieg, Esquire Attorney for Plaintiff "" .L, ,i.c.......... ~>!:i-o '. .' '. FEDEllMAN AND PHELAN by: Vaniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 C2151 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. MAUREEN A. HUBER BRANDON T. KEOUGH CIVIL DIVISION NO. 01-725-CIVIL TERM AFFIDAVIT OF SERVICE Daniel G. Schmieg, Esquire, hereby certifies that a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on Auqust 15, 2001. MAUREEN A. HUBER BRANDON T. KEOUGH 70 CLEARVIEW DRIVE CARLISLE, PA 17013 DATE: August 15, 2001 Q9~ Daniel G. Schmieg, Esquire Attorney for Plaintiff ENTITY FAP VENDOR Prothy of Cumberland County [PCUMBJ CHECK DATE 8/15/2001 CHECK NO. 150917 DOC APPLY APPLY TO NO TO DATE INVOICE INVOICE DOC AMOUNT DISCOUNT PAYMENT AMOUNT 150917 13,H':,O'~ 08/15/01 450613393 9.00 0.00 9.00 . HUBER, M " , - . . , , '. FEDERMAN & PHELAN 9.00 ATTORNEY ESCROW ACCOUNT ONE PENN CENTER. SUITE 1400 ''j;~I~~n:i;i!A. pA1gW,3,-,1~,ltf '.":',?,W...'""",;:,t~I~'.'_.\.Jooi"L"':a~'lIII;O;'N~'''..'',,,.....~I"'L',I~:."'''',"..il''-ol..''''''':_',,~.Ji:.,'lr..~..l:;J:II~..:II..;(.':I.J;:o;iB;;':;'""'=:;:,:.;[=1:::(ir.~'...."~""r.1::iii:i"-';ii!,,,..;,\,;~.::!!.~:"''''il:In,,,,,;;l'''~''lll;:'~~'''':','f'~,:~,,,,,,,:.,,:.:,:.:,:.::...,::~. FEDERMAN & PHELAN COMMERCE BANK 3-180/360 CHECK NO ' ATTORNEY ESCROW ACCOUNT P"'LADELPH'A. PA 19146 150917 ONE PENN CENTER. SUITE 1400 PHILADELPHIA, PA 19103-1814 (p'''''''''' ORM aa.15-2001 DATE 8/15/2001 AMOUNT *****.k*****9.00 P~y NINE AND 00/100 DOLLARS Void after 90 day~. T5 The Order Of Prothy of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 , ~:." ,;-t;..1 ') =" ~.~ ~i' ,;:r:\i.I:'~:"":lo~.'" ,. " ".,)~~I <o!" .,- ~ .' "'1,... ~ ~_ ..h A _,,, _ . _,,1:'~:\?, '1.;. ~~ " ~... '~o1:<;::~~';~' ,,,:......~."!!'!!?!!'!!'l.~.~~~:~j .,""".:~ ~. ..,,-, "!'iC':".:,,'" ~",.,:; ~'..,.,l"'.. '.1'< ""'., ~;.: ~ u'1.50QI.?u' I:O'lE,OOI.BOBI:'lE, 1.50BE,E, bU' --- -, "~ - ,en ~ STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler I, ______________________________________________________________________________Flecorderof Deeds in and for said County and State do 'hereby certify that the Sheriffs Deed in which ________________ Federal National Mtg Assoc ------------------------------------------------------______________________________ m thegr.ontee the same having been sold to said grantee on the __~~!'__________________________________________ day of September ' ________________________________________ A. D., ; 01 d db' . ' f . _____, un er an y virtue 0 a wnt______________ 7th Execution . _______________________ _____ __________ __________ ISSued on the ________ ____ ______ ______ ____ __ ____ ___ May 01 clay of __________________________ A. D., _____, out of the Court of Cornman Pleas of said County'as of Civil 01 -------------------------- ----.,-- ------------- -- -- ------- --_____ -_____ ____ __ _____ Tenn, : Number ____~_________, ~ft1e suit of ____________~~~_~:_~_~~~!..___________________________________ Maureen A Huber & Brandon T Keough ------...-------------- ----___ --- -_ __ against_ ___ _ ___ __ _____ ___ _______ _______ ___ ______ __________ _ is 248 4047 duly recorded in Sheriffs Deed Book No. ____________, Page ____________. IN TESTIMONY WHEFlEOF, I have hereunto set my hand and seal of said office thm __1.1_____ day of ______~______________ A. D., ~.Q_L_ -:ftJ~-/&-~~-~o;~ '."', llecenlet oI\1eeft, ~nltounIy. CIII1slt. '" ... ~ EIplla llIIfmlMondQ 01_ 2Ilflf' -""~~ .,'~ ._._~ ,'. J ,. ^ ,~ ..-,;~~.-,:~ ~~ GMAC Mortgage Corporation VS Maureen A. Huber Brandon T. Keough In the Court of Connnon Pleas of Cumberland County, Pennsylvania No. 2001-725 Civil Brian Barrick, Deputy Sheriff, who being duly sworn according to law, says on May 11,2001 at 3:29 o'clock PM EDST, he served a true copy of Real Estate Writ Notice and Description in the above entitled action upon one of the within named defendants to wit: Maureen A. Huber, by making known unto Maureen Huber at 41 Wolfsbridge Rd. Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copies of the same. Brian Barrick, Deputy Sheriff, who being duly sworn according to law, says on May 11,2001 at 3:29 o'clock PM EDST, he served a true copy of Real Estate Writ Notice and Description in the above entitled action upon one of the within named defendants to wit: Brandon T. Keough, by making known unto Maureen Huber, wife, at 41 Wolfsbridge Rd. Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copies of the same. Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states on July 1,2001 at 9:04 o'clock A.M., EDST, he posted a copy of the Real Estate Writ, Notice, Poster and Description on the property of Maureen A. Huber and Brandon T. Keough, located at 70 Clearview Drive, Carlisle, Cumberland County, Pennsylvania 17013, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a pendency of the action by regular mail, to one of the within named defendants, to wit: Maureen A. Huber, at her last known address of 41 Wolfsbridge Road, Carlisle, PA 17013. This letter was mailed under the date ofJuly 05, 2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a pendency of the action by regular mail, to one of the within named defendants, to wit: Brandon T. Keough, at his last known address of 41 Wolfsbridge Road, Carlisle, PA 17013. This letter was mailed under the date of July 05, 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 September 5, 2001 at 10:00 o'clock A.M., E.D.S.T. He sold the same for the sum of $30,000.00 to Attorney Dale Shughart (for Attorney Frank Federman) for Federal National Mortgage Association. It being highest bid and best price received for the same, Federal National Mortgage Association of 1900 Market Street, Suite 800, Philadelphia, Pennsylvania 19103, being the buyer in this execution, paid SheriffR. Thomas Kline the sum of$1667.85, it being costs. 'Sl,"", ~, Sheriff's Costs: Docketing Poundage Advertising Posting Handbills Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed $30.00 600.00 15.00 15.00 30.00 10.00 .50 1.00 6.35 2.39 15.00 30.00 335.15 300.30 25.66 25.00 26.50 $1,467.85 Sworn and subscribed to before me This 3j,..k day of CP~ 2001, A.D. ~ CZ'. 1/.t "Po. " ~ .0 P othonotary .' , ~#~ R. Thomas Kline, Sheriff BY~~,~ Rem Estate Deputy vV 36. IS'0 -.~~ ~j - ~ - ,,~-^~,~.. ~~l.IJ' ~~ c../tL J</3~f it.,. /lf31'1' ~""=' - ~>'--l~_~I-' . WRIJ;PF:;~XECUT10N and/or ATTACHMENT ",",\ COMMONWEALTH OF PENNSYLVANIA) .COUNTY OF CUMBERLAND) NO. 01-725 CIVIL 19 CIVIL ACTION. LAW TO THE SHERIFF OF CUMBERLAND ._COUNTY To s~f\" the debt, interest and costs due _~~~<:: Mortgage Corporation PLAINTIFF(S) from Maureen A. Huber and Brandon T. Keough, 41 Wolsfbridge Road, 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 70 Clearview Drive, Carlisle PA 17013. (See attached legal description.) (2) You are also directed to attach the property of the defendant(s).no,t ievied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/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 i.s foundin'the possession of anyone other than a named garnishee,you a'redirec::ted(o nolify him/herthat he/she has been added as agarnishee and is enjoined as above stated. . Amount Due $90,056;'59 (~14.8u per d~em) - Interest 2/28/01 - 9/5/01 $2,382.80 '. LL Due Prothy Other Costs $.50 $1. 00 Ally's Comm Atty Paid Plaintiff Paid % $122.20 Date: May 7, 2001 CURTIS R. LONG ", . Cia. .. J~':;:'~ ~ / 0' Deputy Name REQUESTING PARTY: Frank Federman, Esq. Address: One Penn Center @ Suburban Station Attorney for: Telephone: Supreme Court 10 No. Philadelphia Plaintiff PA 19106 (215) 5637000 12248 '-'~- . 'i'lliu---""'.' i~illl~i.lll\ii'1!ci~~~jl;b'il.,'WJ,li''''-~.i1,)'>i;'<j_"I"",;!~'c''1i<i..,-].(-t,h<'i!j~S@tr~II~iIlI~fl!t~II'I~~~~:i!E:llir.~&~",~~l,i;iiM~l!lJl!. . REAL EST ATE SALE No. I d . e e:cm Ci:i;J t:::::'::J ,(W IIVU'. UHfY/. "d 101 ~oo I the snerift levied upon .the lletenoa,; Interest In the real property situated in f}€lfh t7'luJ..J~ T~'P Cumberland County, Pa., known and numbered as: 70 C~ DA.. eo.l..~& _and more fully described on Exhibit "A" flied with this writ and by this reference Incorporated herein. _ 1'!"fJ IO,;}a>' By: ~Iy~ ,-~ . - ~ ~,-~ ~,- SCHEDULE OF DISTRIBUTION SALE NO. 12 Writ No. 2001-725 Civil Term GMAC Mortgage Corporation VS Maureen A. Huber and Brandon T. Keough Date of Sale: Buyer: Bid Price: September 05, 2001 Federal National Mortgage Association $30,000.00 Real Debt Interest Attorney writ costs $90,056.59 2,382.80 122.20 Total $92,561.59 Distribution Amount Collected Legal Search Sheriff's Costs $1,667.85 200.00 1,467.85 So Answers: r~~~ R. Thomas Kline, Sheriff 1, '"'''!It'~, Filed October 5, 2001 ~:lt~ .~ <= .~'~ ,_., ..1 .,-,--., - .'---''-- " -.......,., - ~r",~ . , - TITLE REPORT Commonwealth Land Title Insurance Company THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 012 Held Wednesday, September 5, 2001 Date: September 5, 2001 TAXES: Receipts for all taxes for the years 1998 through 2000 inclusive. Taxes for the current year 2001. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: JUDGMENTS: Listed Under Other Exceptions Below. Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated ,2001, and recorded , 200 I, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Lynford K. Donivan and Sandra A. Donivan, husband and wife, by deed dated December 30, 1996 recorded January 2, 1997 in the Office of the Recorder of Deeds in and for Cumberland County, Carlisle, Pennsylvania in Deed Book 151, Page 542 granted and conveyed to Brandon T. Keough and Maureen Huber, single persons. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of 40 foot wide Clearview Drive. 6. Conditions and restrictions shown on or set forth on the Final Minor Subdivision Plan for Paul L and MaJjorie M. Cline, recorded in Cumberland County Plan Book 65, Page 134. - . . , -. ,---. ,- , -- r" - ~_..-, .~- 'to';': . 7. Building and use conditions and restrictions as set forth in deed of PaulL. Cline and Marjorie M. Cline dated January 3, 1996 recorded February 2, 1996 in Deed Book 134, Page 733. Said deeds being recorded in other deeds of record of PaulL. Cline and Marjorie M. Cline. 8. Building and use restrictions and restrictions as set forth in Miscellaneous Record Book 444, Page 1087, prohibiting trailers, mobile homes and single family modular dwellings with a pitch less that 4/12. 9. Mortgage in the amount of $80,750.00 given by Maureen A. Huber and Brandon T. Keough, wife and husband, to GMAC Mortgage Corporation, dated December 30, 1996 recorded January 2, 1997 in Mortgage Book 1359, Page 57, Complaint in Mortgage Foreclosure filed by GMAC Mortgage Corporation as Plaintiff against Maureen A. Huber and Brandon T. Keough as Defendants in the Office of the Prothonatary of Cumberland County to file No, 2001-725. Judgment entered March 29,2001 in the amount of $90,056.59. 10. Judgment in the amount of $11,187.44 entered by Lynford K. Donivan as Plaintiff against Brandon T. Keough and Maureen A. Huber as Defendants on May 23, 1997 in the Office of the Prothonatary of Cumberland County to file No. 97-2758 in the amount of$11,187.44. 11. Municipal lien entered by Carlisle Suburban Authority as Plaintiff against Brandon T, Keough and Muareen A. Huber as Defendants on August 2, 2001 in the Office of the Prothonatary of Cumberland County to file No. 2001-4625 in the amount of$319.56. 12. Subject to deed of easement and right-of-way creating Clearview Drive by instrument dated January 9,1991 recorded January 17, 1991 in Miscellaneous Record Book 392, Page 829. 13. Subject to agreement dedicating land for Clearview Drive dated November 19, 1990 and recorded September 14, 1992 in Miscellaneous Record Book 426, Page 989. 14. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff sale.. 15. Real estate taxes accruing on and after January 1,2002, not yet due and payable. 16. IT IS TO BE NOTED THAT NO SEARCH OF DOMESTIC RELATIONS RECORDS HAVE BEEN MADE TO DETERMINE SUPPORT ARREARAGES REGARDING HOUSE BILL 1412, ACT 58 OF 1997, NOR HAS ANY SEARCH BEEN MADE FOR ENVIRONMENTAL LIENS IN FEDERAL DISTRICT COURT. A, Robert G. Frey, Agent Note: This Title Report shall not be valid r b ding until countersigned by an authorized si to. REAL ESTATE SALE NO. 12 Writ No. 2001.725 Civil GMAC Mortgage Corporation vs. Maureen A Huber and Brandon T. Keough Atty.: Frank Federman ALL THAT CERTAIN tract of land situate in North Middleton Town- shlp. Cumberland Count;y, Pennsyl. vania. and more particularly bound- ed and described in accordance with Final Minor Subdivison Plan for Paul L. and MaIjorie M. Cline, pre. pared by Fisher, Mowery. Rosendale and Associates, Inc. which said sub- division plan is re<;:orded in the Of- fice of the Recorder of Deeds in and far Cumberland County, Pennsylva- nia, 1n Plan Book 65, page 134, as fonows: BEGINNING at an iron pm on the Eastern line of Clearview Drive at the Northwest comer of Lot No. 7 on the hereinabove mentioned sub- division plan: thence along the Northern line of said Lot No.7. South 86 degrees 00 minutes 00 seconds East 132.94 feet to an iron pin: thence .along Lot No. 1 (residual areal. North 04 degrees 00 minutes 00 seconds East 104.00 feet to an iron pin; thence along the Southern line of a private right of way. South 83 degrees 31 minutes 27 seconds West 122.72 feet to an iron pin; thence by the same by a curve to the left baving a radius of 15.00 feet, an arc length of 20.82 feet to an Iron pin: thence along the Eastem line of said Clearview Drive. South 04 degrees 00 minutes 00 seconds West 66.94 feet to an iron pm. the pomt and place of begtnnmg. BEING all of Lot No. 6 on the hereinabove mentioned subdivision plan; and containing 12,161.08 feet and hav1ng thereon erected a single family dwelling house and mailing address of 70 Clearview Drive, Carlisle, Pennsylvania. Being known as: 70 Clearview Drive. Carlisle. PA 17013. TITLE TO SAID PREMISES IS VESTED IN Brandon T. Keough and Maureen Huber. single persons. as jomt tenants with the right of survi. vorship by Deed from Lynford K. Donivan and Sandra A. Donivan. husband and wife dated 12/30/96 and recorded 1/2/97 in Deed Book 151 page 542. TAX PARCEL NO: 29.16.1092. 021. --- ,-", ",~,'~.-'- ., " . " , . GMAC MORTGAGE CORPORAl'ION CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS MAUREEN A. HUBER BRANDON T. KEOUGH CIVIL DIVISION NO. OI-725-CIVIL TERM Defendant(s). 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 70 CLEARVIEW DRIVE. CARLISLE. PA 17013. 1. Name and address ofOwner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) MAUREEN A. HUBER 41 WOLFSBRIDGE ROAD CARLISLE, P A 17013 BRANDON T. KEOUGH 41 WOLFSBRIDGE ROAD 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.) LYNFORD K. DONIV AN 116 W. HILL CREST DRIVE CARLISLE, PA 17013 ..~ -~ ~"".. ~ ." .,' l ., ,--~ ~"j\i!;m' 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 41 WOLFSBRIDGE 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. ~k~ FRANK FEDE , ESQUIRE Attorney for Plaintiff Aoril 30. 2001 DATE '--' j'- ~~> ,-",< GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 0l-725-CIVIL TERM MAUREEN A.HUBER BRANDON T. KEOUGH Defendant{s). April 30, 2001 TO: MAUREEN A. HUBER BRANDON T. KEOUGH 70 CLEARVIEW DRNE CARLISLE, PA 17013 ""TIllS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR TIfAT PURPOSE. IF YOU HAVE PREVIOUSLY RECENED A DISCHARGE IN BANKRUPTCY AND THIS 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 70 CLEARVIEW DRIVE, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on 09/05/01 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforc::e the court judgment obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. rfthe Sheriffs sale is postponed, the property will be relisted for the 12/05/01 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: 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 c::ause. 3. You may also be able to stop the sale through other legal proceedings. ~-_.~. . " _.' ~ 1 ~ ..." " ~-o,jnt . . 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 fmd out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer, At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 . -'~1' ALL THAT CERTAIN tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, and more particularly bounded and described in accordance with Final Minor Subdivison Plan for Paul L. and Marjorie M. Cline, prepared by Fisher, Mowery, Rosendale and Associates, Inc. which said subdivision plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 65, page 134, as follows: BEGINNING at an iron pin on the Eastern line of Clearview Drive at the Northwest comer of Lot No.7 on the hereinabove mentioned subdivision plan; thence along the Northern line of said Lot No.7, South 86 degrees 00 minutes 00 seconds East 132.94 feet to an iron pin; thence along Lot NO.1 (residual area), North 04 degrees 00 minutes 00 seconds East 104.00 feet to an iron pin; thence along the Southern line of a private right of way, South 83 degrees 31 minutes 27 seconds West 122.72 feet to an iron pin; thence by the same by a curve to the left having a radius of 15.00 feet, an arc length of 20.82 feet to an iron pin; thence along the Eastern line of said Clearview Drive, South 04 degrees 00 minutes 00 seconds West 66.94 feet to an iron pin, the point and place of beginning. BEING all of Lot No.6 on the hereinabove mentioned subdivision plan; and containing 12,161.08 feet and having thereon erected a single family dwelling house and mailing address of 70 Clearview Drive, Carlisle, Pennsylvania Being known as: 70 Clearview Drive, Carlisle, PA 17013 TITLE ~O SAID PREMISES IS VESTED IN Brandon T. Keouah and M ~uber, smgle pe:sons, as joint tenants w!th the right of survivQr;hip by D::.e~~m ynford K. Domvan and Sandra A. Domvan, husband and wife dated 11'30/96 d recorded 1/2/97 in Deed Book 151 page 542. -, an TAX PARCELL NO: 29-16-1092-021 ",,;,-i=b_ ~.... ~- - - , ' ";,, ' _"'_ "~c ":{.:.:. ". ~ . 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 The Patriot-News and The Sundav Patriot. News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were 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 24th and 31st day(s) of July and the 7th day(s) of August 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 Camp ny and subsequently duly recorded in the office for the Recording of Deeds in and for said County of DaU?fPin i Mi ellaneous Book "M", Volume 14, Page 317. PUBLICATION .................................. ..?..... COpy Sworn to and S ALE #12 NolaIlllSeol Teny L. Russell, HantlbUlll,Deupllln 1ilyC<ll'"'''''''' ElqliIesJund. N TARY PUBLIC Memoer, Pennsylvania _tton of ~commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 " . Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 298.80 1.50 300.30 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.................................................................... ~'Ji~......"""~- ~ ~~ ,...A ,,;. ,_ , " - ~ , ~1#f. 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. Morgentha1, Esquire, Editor of the Cumberland Law Journal, ofthe 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, v!z: JULY 20, 27, AUGUST 3, 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. ~Editor-- SWORN TO AND SUBSCRIBED before me this 3 day of AUGUST. 2001 '., NOTARIAl" LOIS E. SNYDER, NolItIy PublIc c.a.la1lorD. Cumbert8nCI CotmIy My ComiIIIa.iIl.I Exp/IIs MIn:h 5, 2005 REAL ESTATE SALE NO. 12 '.. '''-' ,~-~. REALESTArE SALE No. 12 Writ No. 2001-725 Civil Term GMAC Mortgage Corporation vs Maureen A. Huber , BrandonT. KeOugh Atty: Frank Federman DESCRIPTION . , ALL THAT (ERT.~~ ,tmct oflaml sjtlliU~ 111 Nor~ i....lid~JN,)n Ti.l\.l;n~hip, Cum1xrlJnd County. P~~~5yIt301a, and rrtlTl:' purricufar1y bounded and J~,cl1bl.'d in llC'C,. .-j,1ncc- witn mal Minor Sil,bdi\-i~i\)n Plan l'"r Paul L and Ma~oric f\.-1 .Chnl'"prcpaT~'(\ hy f-hh.'r. Mo....C"ry. R')~l'nd;li~: ~J AS~l)c1il[CS; fJ1c" which ~af9 slIhdivi,ion plan l~ recorded in the Offi('~ of the R('('<mlcr of DccJ~ in "and for Cumlxrland County, Pel1nsv]v;mia, i~ Plan Book 65, pugt' 13..J., as follo....1i: - BEGr~!\'ING. at <lnlrao pin on the Eastern line of Cleamew Drive <II the Northwt;'$( comer of Lot ", No. 7 on the hl.'l'elnapo\'!.' mentioned subdivision p!an; t~cncc along the Northern Hne of S<lid Lot No. 7, S"oulh &) degrces 00 minlifes f)O ;t.'Conds East.132-?_-t ft."l.':t,to.m iron pin; th.;n<.:e"J).QJJg Lot. No.J freSldu~ area), North 04 ~rces DO minutes 09 secofld~ EaSt 104.00 fl.'!;:! to an iron pin: thence a.long the SOlllh~rn line of a privat~ rigl1( of way, 80mb, S3 degrees 31 minutes 27 seo.:onds WC'lt 11-'1)2 feet to an irun pin; thence by the ~amc bv ac-uro,'~ to the kit b:mng a rallilho[ ]5.1)/) fecl, an ~rc length of 20.82' feet (0 an inm pin: thence along the Ea~!cm line !>f said Ckan-kw D"riw South (l.j. dqm:.'c\ ()[) minutes 00 )~.coml\ WC~l 60:~ lw to ;m iron pin, the pomt and place of BEGJNNfNG. " , BEING <ljJ of lxi' No.. 6 on the hercin;l~we mentioned subdl\'i'ion pian; ~JI(] crmraininu lo2,161':O,s. feet and havin!! Ihf.'rc.6n ereCled ~ ~mgle jamll~ dwdl~l1g hOll~e and mailin,\! addrc% . of70 Ckamew Dffii:, Carlisle, Pcnn!\ylv.mia. . Bemg: known as: 70 Ckar\'l('w Driv~ Carlhie PA ]7013. " TITLE TO SAID PREMISE..l:i fs ve:;tl.'([ III Bmndon T, Keough and, Maureen Huber, ,'lingle pcrs~ilS. ~'s joint tt'nant~ with the right of sUtvlv,orslnp by Deed Irom Lynford K. Donivan .and Sandm A Donivan,. husband and wife dll!ed 1:!,.ID/%:md recorckd If.!fi.JTitl Deed B~k ]51 pu"c54" 'r;,{x PARCEL-NO.: '29olo-1(]9~.021, Writ No. 2001-725 Civil GMAC Mortgage Corporation VS. Maureen A. Huber and Brandon T. Keough Atty.: Frank Federman ALL 'THAT CERTAIN tract of land situate in North Middleton Town- ship. Cumberland Connty. Pennsyl- vania. aJ.'ld more particularly bonnd- ed and described in accordance v;.1th Final Minor Subdivison Plan for Paul L. and Marjorie M. Cline. pre- pared by Fisher. Mowery. Rosendale and Associates. Inc. which said sub~ division plan is recorded in the--Of- '- fiee of the Recorder of Deeds in and for Cumberland Connt;y". Pennsylva- nia. in Plan Book 65. page 134, as follows: BEGINNING at an iron pin on the Eastern line of Clearview Drive at the Northwest comer of Lot No. 7 on the hereinabove mentioned sub- division plan: thence along the Northern line of said Lot No.7. South 86 degrees 00 minutes 00 seconds East 132.94 feet to an iron pin: thence along Lot No. 1 (residual areal. .North 04 degrees 00 minutes 00 seconds East 104.00 feet to an iron pin:- thence_along: the Southern line of a private right of way, South 83 deerees 31 minutes 27 seconds West 122.72 feet to an iron pin;- thence by the same by a curve to the lef~ having a radius of 15.00 feet. an arc length of 20.82 feet to an iron pin: thence along the Eastem line of said Clearview Drive. South 04 degrees 00 minutes 00 seconds West 66.94 feet to an iron pin, the point and place of beginning.BEING all of Lot No. 6 on the hereinabove mentioned subdivision plan: and containing 12.161.08 feet and having thereon erected a single famUy dwelling house and mailing address of 70 Clearview Drive, Carlisle. Pennsylvania. Being known as: 70 Clearview Drive. Carlisle. PA 17013. TITLE TO SAID PREMISES IS VES'TED IN Brandon T. Keough and Maureen Huber. single persons, as joint tenants with the tight of survi- vorship by Deed from Lynford K. Donivan and Sandra A. Donivan, husband and wife dated 12/30/96 and recorded 1/2/97 in Deed Book 151 page 542. TAX PARCEL NO: 29.16.1092. 021.