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Home My WebLink About01-1271 FX .' '- k - -,-~~ -t..~, ~ " f PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.RC.P. 3180-3183 GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 01-1271 KELLYR.FINNEY Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $96,319.48 Interest from 5/1/01 to 9/5/01 (per diem - $15.83) $2.01O.83and Costs TOTAL $98,330.31 q-~ ftb~ - FRANK FEDERMAN, ESQUIRE ONE PENN CENTER at SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103 Attorney for Plaintiff Note: Please attach description of property. No. ~~i~:t1IM:~'!2'~,"'~lffiL~~ic~ilfuJ;;Iii;jjl"-Mii-~,h,i~~.;;.tEC~,,"-&--,i"'!iiM,a""~b.E!qI"-.~J,~litlil~ ~ ~...,.,j'lliidiifi( ~ , ~ _~t.. ~ ....::J z O~ Z 0 "'> 0 .... ~~ E-< .... B ~ "<:i '"'", .... ~~ ~~ .... ~ 0 0 ~ f;ril ., ;;..~~ 0) Ci Of;ril ~ '" ~Sl~ '" ~ll. ~ .... 0 0) -< ~>' 0 0" ,n S f-< ~ S ~ . ~ 0 Of-< U ~'"' 0 Sl~ s 0 uz ~ <.i ~ ~~= .. C"l ....:;;l ~~ ;;..~= '" ~ .... ~ 00 ~ 0) f-<U ~~ '"'~~ g. ~ '"' 01:: '"'ll. p. E-< ~~ ~ .... 0 J ~;u e 0 ~6 0) 8; ~ ~ .... ;,; f;ril~ U U '" ~ ~ 0) i5~ .0 ~ 0) - ,~ Z:;;l "'" ....u A'",,: ,.,:,jH_rJ.' .--J J!-~!~lUJJIIlt _rU!1!Il}Uv,__~, 'o~,~,,_~.~~_,_~ ~~ ,_,~~ - .,.__~ _ '"' ,. . -~. " ~ ... t ! .1 'fi< '_' _' ,~J I - . ,.- .,- -r -^ r , ALL THAT CERTAIN lot or piece of land situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of a public road, which point is six hundred eight (608) feet, more or less, East from the western side of the bridge at Sierer's Run and which point is marked by a pin; Thence Northwardly along lands formerly of William H. Morgan, et UX, now or late of John E, Cline, two hundred ten and five-tenths (210.5) feet to White Pine at private road; ~.,.. , Thence Eastwardly along said private road one hundred nine and two-tenths (109,2) feet to an iron post; Thence Southwardly along lands now or formerly of Mrs. Harry Essick and now or formerly of Robert Weaver one hundred ninety-six (196.0) feet to a point in the center of said public road; Thence Westwardly along the center of said public road one hundred forty-three (143.0) feet to the place of BEGINNING. BEING No. 4440 Sears Run Drive. TAX PARCEL NU1-ffiER: 10-18-1314-011 TITLE TO SAID PREMISES IS VESTED IN Kelly R. Finney, a married woman, her heirs and assigns by reason of the following: BEING THE SAME premises which Pamela E. Juhasz, a single person by Deed dated 6/30/97 and recorded 7/7/97 in the County of Cumberland in Deed Book 160 Page 715 conveyed unto Darryl K. Finney and Kelly R. Finney, husband and wife. AND ALSO BEING THE SAME premises which Darryl K. Finney, a married man by Deed dated 7/5/2000 and recorded 7/28/2000 in the County of Cumbe.rland in D~ed Book 225 Page 1122 conveyed unto Kelly R. Finney, a married woman, her herrsand aSSIgns. _~c"_,,. _ . .~~..., ~'-.,_' ,~,~~k$. ""L""'11'h~4"",.M.;m'~Vl<Jll?.!ii;;1~;;,~-;r~;N~;jNj.tW,M~~"",,":/~,,,,,'fldjh1'; ~,,,,.--, '''''"'''''~'"lll">~I~\.~' <,- ~~;:o,;1H~~+ ~o^,":Cj',J",;'.">H,P,!b'KI;,~i,,';",k""'h ", ~=".... ",,;.,j.""~~~jJ!! ._~ "U ''\ " , ...... lQ.. ~ ~ (') C) G ("::I ~6'- ....... 'T1 7J ~ c 7t ~~ ...() . ...0 !'l ;;;:: c.... ~~; ..""; If. I.J ~ "'OCP C C ~ 6"' ~ l) n1tT! :z ;,:fi1 ...t. Z::x, 2 8 () () ""v 0 t5> I ~;~y ..... co (,v I I -<"""? ~~~C) ~ ! j , ~c :Po ~~~ U ~(') :JI;: f..,J (-& ~~ )>8 '? orn ~ , ~ ...:l , - ... ~ .~ f" ... ... ... -< ... ... "' U ~ '"' ..... JH]i11! .ILL ... -'_, ,,'. ",. _" 'H, 0<,'.,,, <~ " . ,_ L ,. ~ -' "'-"""'<'-. , ,'GMAC MORTGAGE CORPORATION ,,\ CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS KELLY R. FINNEY CIVIL DIVISION Defendant(s). NO. 01-1271 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 of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 4440 SEARS RUN DRIVEMECHANICSBURG. PA 17055 1. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) KELLY R- FINNEY 44 P AJLMER DRIVE CAMP HILL, P A 17011 2. Name and address ofDefendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None "".., ,._~, , ~ ~" ,- ,os..;", 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.) I EMPIRE FUNDING CORPORATION 9737 GREAT HILLS TRAIL AUSTIN, TX 78759 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 4440 SEARS RUN DRIVE MECHANICSBURG, PA 17055 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 of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~ 1-tJ;r' RANK FEDERMAN, ESQUIRE Attorney for Plaintiff Mav 22. 2001 DATE """'" fii;,'k.,;.~< i. '-k1]J!;~I{i'M~"1 "!'I">:t"~'''H:\i.~j-J:i"j~~<f(Jiili'j'~'lf.0''?'"""i,'\{,!~ .,-"", ",,,,~,,';',:~,-I,\;!",J,,,,:;;;,,;,.~i.(,,,%i~~.,jiciL""'~.l'lt','l'!a"'.~M,;1WlJ;k~'ttj;;"""",,,'~~' ..~ .,~ '~,"<.' I;i!l'" ~ . ~ ~'I_~" ,j.s,),ml),,\;{J;lL. ,:llTJilllJlL._."" _m~N~,'-., "~,~,",",'n,_'",'''''",,, ^"',c~'v" I., .'.;.r ... .."......... .. co r ! () Cf- (:J C -~1 <" So ; -0 Cf,' r mrr Z ;' !i;'.~ Z:v ZC I ,:-n (f)or;':::: en :-J,JC} -<,.< ~);~ ~CJ ..,)'"",> ".. ~3Z~ ~o 2: >8 15 (scn ~ c- >' :0 -< I!l ~--","-, .~ .. '"' ,;,0 "'"','-'< , ~ . [' , 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 KELLY R. FINNEY NO. 01-1271 Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage () non-owner occupied () vacant () Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~,- FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff "',. ,.~,,,-." cl ",';'; - '"' ,,' ~ ~~illil~J'l;\" . I . GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 01-1271 KELLY R. FINNEY Defendant(s). May 22,2001 TO: KELLY R. FINNEY 44 PALMER DRIVE CAMP HILL, PA 17011 "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, 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 4440 SEARS RUN DRIVEMECHANICSBURG, P A 1705:;1s scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for the Sheriff s Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. .",_.,'-" .._~... ,,"...,,,,..~b "~ - ~ , w .~~'~..:...-,i ~I ... ",~, ~~,t,,"d', You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. . 5 . You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings t~_evict you. 6. You maybe entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7 . You may also have other rights and defenses, or ways of getting your home back, if you act inunediately 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 ~l~ - I -< ~ =, w', < ~'~ ~>. L,': ALL THAT CERTAIN lot or piece of land situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of a public road, which point is six hundred eight (608) feet, more or less, East from the western side of the bridge at Sierer's Run and which point is marked by a pin; Thence Northwardly along lands formerly of William H, Morgan, et lL,,(, now or late of John E. Cline, two hundred ten and five-tenths (210.5) feet to White Pine at private road; Thence Eastwardly along said private road one hundred nine and two-tenths (109,2) feet to an iron post; Thence Southwardly along lands now or formerly of Mrs. Harry Essick and now or formerly of Robert Weaver one hundred ninety-six (196.0) feet to a point in the center of said public road; Thence Westwardly along the center of said public road one hundred forty-three (143.0) feet to the place of BEGINNING. BEING No. 4440 Sears Run Drive. TAX PARCEL NUMBER: 10-18-1314-011 TITLE TO SAID PREMISES IS VESTED IN Kelly R. Finney, a married woman, her heirs and assigns by reason of the following: BEING THE SAME premises which Pamela E. Juhasz, a single person by Deed dated 6/30/97 and recorded 7/7/97 in the County of Cumberland in Deed Book 160 Page 715 conveyed unto Darryl K. Finney and Kelly R. Finney, husband and wife. AND ALSO BEING THE SAME premises which Darryl K. F~ey, a married man by Deed dated 7/5/2000 and recorded 7/28/2000 in the County of Cumberland m D~ed Book 225 Page 1122 conveyed unto Kelly R. Finney, a married woman, her heirs and aSSIgns. "' ."., 'iJ,1.. _~-*lcY-~'f<j~8K'r;1jeM'_il~~P'!,&,:",,~w'!!.~"';~'~""~~B.g~;\&'4<'~':1ll1l8ii,.L",,"'A-',U.'"k;[,"~_Bc~~lc;;)~"'ti<':";;'l.",cl;<W\H~'81!%&;;.!",;<~,;;U.,,m.uJtJ\j~!f1lffil~l'i........,~..JwW;'d.j;I!iII'.~ J ~._l M'~IId~~J ,~~ - ",;-! ,,d,~~~~ ~r~;:"L':",,~,., ,,J.;,.j':.[. ",,~ e".L,,~, ",,~" () c: s: -0. ("'0 mrn Z::D ZC CfJ r7~' --"'~F.' r:'G ~ ......0 Zo >c: ~ r,""."-"',,',<~- .,'^"" I ,~ , ' ., . o c; -n '- c:: z: , CO :Po ::I is r;.- .'~'- ...., l,-n '~ ~','~ ~TI ~',~_:;:~S ,~',~~ ~;2(~ (3m ~ -< tS-P' I! ,~ ''\Iii:) - ~ ~. ~~" ='~~~~- =, <- ii" SHERIFF'S RETURN - REGULAR . \ CASE NO: 2001-01271 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS PINNEY KELLY R SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PINNEY KELLY R the DEFENDANT , at 0013:54 HOURS, on the 19th day of March 2001 at 44 PALMER DRIVE CAMP HILL, PA 17011 by handing to KELLY FINNEY 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 .00 8.68 .00 .00 .00 8.68 S;;;:i2~~~! R. Thomas Kline 03/21/2001 FEDERMAN & PHELAN Sworn and Subscribed to before By: ~~ m. ~~, Deputy Sheriff me this t:>'> .28' ~ day of ~ chn;j A.D. Chth{iO(:;;': "~' ""~ ~,~~~.~~~= ". " ~,~".",c"" " .~ ~ """~ C.' ~ SHERIFF'S RETURN - OUT OF COUNTY . CASE NO: 2001-01271 P \ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS FINNEY KELLY R R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: FINNEY KELLY R but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT - MORT FORE 21st , 2001 , this office was in receipt of the On March attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 DEP. YORK CO 32.56 .00 69.56 03/21/2001 FEDERMAN & PHELAN S~ R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this :I, ~ day of ~ ),0-0/ A.D. ~(1 ~.~ Prothonotary \ COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN INSTRUCTIONS PLEASE TYPE ONLY LINE 1 TO 12 ,..DO NOT DETACH ANY COPIES 1. PLAINTIFF/SI 2. COURT NUMBER 01-1271 Civil GMAC MORTGAGE CORPORATION 4, WPE OF WRIT OR COMPLAINT 3, DEFENDANTISj Not ice & Complain t KELLY R. FINNEY MORTGAGE FORECLOSURE 5. NAME OF INDIVIDUAL COMPANY, CORPORATJQN, er~o.sE:BVE_OB OI;SCRIPTIQN OFPR9P~RTY 19 ~E tEVIED, ATTACHED, OR SOLO. KELLY R. FINNEY lj 4 VEtLM 82. "D R. CA-/'1 t> tiJ:'L "- e. ADDRESS -(STREET OR RFO WITH BOX,NUM8ER. APT.,NO., CIT'f._BORQ. lWP.. STATE ~D ~E' .cODE { SERVE .. AT 42 DO 7. INDICATE SERVICE: 0 PERSONAL NOW 1/6/01 o PERSQNJN CHARGE DEPUTIZE Cum'l3gj'l'!l 0 1ST CLASS'MA1L. 0 POSTED o OTHER , 20 J, SHERIFF OFl<Y!ORf( COUNT'>; PA, do hereby deputize the sheriff of Vork - -. -CODNTYto-execute -, -~ nd make'retur t 'reofaccording to law. This deputation being made at the request and risk ofthe pia.intiff. . 8. SPECIAL INSTRUCTIONS OR OTH,EBJNFORMATION TH';r. WI!-LASSJSTJf'.l ~.E..r;QlJlliI_G SEBI{)G$~ _ ADVANCE FEE'PAID' BY ATTY NOTE ONLY APPUCABLE ON WRIT OF EXECUTION: N.S. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any prOperty under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 9. TYPE NAME AND ADDRESS of ATTORNEY I .oRIGINAT.oR and SIGNATUR!; 'PEDEP.Mpl'J Ef PHf':Lt,~N --, - ,- ONE PENN CENTER, STE. 1400, PHILADELPHIA, PA 19103 12. SEND NOT!(~.~ OF SERVICE COPY NAME_AND ADQRESS E!ELQW: (Tb~Jl,re~_[Iwst .OtioillPJeted, If IlQtlce IS to qe r:na!legL__ 10. TELEPHONE NUMBER 11. DATE FILED 215-563-7000 3-2-01 '~if\~NNGOONIDfll~~X~X~Xl1~ CUMJ3ERLAND COUNTY SHERIFF . ., SPACE QELOW FOROSE OF THE SHERIFF. DO NOT WRITE BELOW THIS LINE 13. I acknowled.ge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above, J. LUDWIG 3/8/01 4/5/01 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( 7 POSTE_D ( POE( ) SHERIFF'S OFF ( ) grHER( ) SEE REMARKS 17. I hereby certify and retum a NOT FOUND because I am unable to lOCate the indMdujll" company, etc. named ~ove. (See remarks below.) 18. N ME AND TITLE OF INDIVI,DUAL SERVED f LIST ADDRESS HERE IE_NOT SHQWN e,BOYE (R_er~tlonshJp _to p~fen_dant) 19. Date of Service Int. 22. REMARKS _ dOVill TO 44 P;lli"jE':~ DH., CI1i"iP HILJ.~, PA. (CUl'iB~;PJ,~'JolD COUNTY) Ii "- Ii , ) -.2.3. Advance Costs 75.00 A 40. Cost Due or Refund 41. AFFIRMED and subscri1;:led t,o.before me this '_.',,1 ...- . 13TH 44. Signature of Dep. Sheriff 45. Signature of York County Sheriff H WILLIAM M. HOSE 47. DATE c ? 42. day of ~ ~~ 48. DATE 3/13/01 49. DATE 51. DATE RECEIVED 1. WHITE - Issuing Authority 2. PINK. Attorney 3. CANAAY ~ Sheriff's Office 4. BLUE - Sheriff's Office. _ - ---'~ ~ . l i ;.; COUNTY OF YORK 'c,~", OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 , 28 EAST MARKET ST.. YORK, PA 17401 .,~. SHERIFF SE9VICE P'!'iOCESS RECEIPT, and AFFIDAVIT OF RETURN INSTRUCTIONS PLEASE TYPE ONLY LINE 1 TO 12 DO NOT DETACH ANY COPIES '~''-'''",,,,,,,,,~,,,''.,,_-.-,,,",O'''-';'--~ 1. PlAINTJFFlS/ :' GYu\C M.m:'1:GAGE COF.PQRATION 3, DEFENDAN:rJS7 ;;;KELLY R_ FU;'NEY 2. COURT NUMBER 4. TYPE OF WRIT OR COMPLAINT r .. - --., ~ ~~.': 4") ril.--v:-..:;i')(IT~ i.Ala,'" llTTlC:'RJT!)17 UA 1...,n1~ DPERSONAL D PERSON IN CHARGE . MDEPUTizE;::~,~',g.gE;RlM11/,:, 'D1STCLASSMAIL DPOSTEO DOTHER . '_~' ",~~20 I, 9"HE3lFE.QF'Y--oBK COljN.TI PA, po~he(eby deputize the shenff of .' _'" , ..c "'"-dc,, ..,..:.:=..,,::, ...... ,_ '. Co.llbL1Y.to execute this Writ and make return thereof according ,to Jaw. Thi~deputation being made attherequest and risk of the piaintiff. n ___ _ ~. .' . SHjOR1FF C!FYQR~ COUNTY 8. SPECIAL IN'plRUCTJONS OR OTHER INFORMATION THAT Will ASSIST IN EXPEDITING SEF,lVICE: SERVE .. AT i. INDICATE ~0CE: NOW I 5. NM'lE OF INDIVIDUAL COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPER1Y TO BE LEVIED, ATTACHED, OR SOLD. fi.:0;;,~~- R _ ;;l'io"-,,.f<:"7 W U ~t! ~,_ 1 1. L ( "\) !~ ( P r.! :-.., 1:, , 6. ADDRESS (STREET OR l=IFO WITH BOX NUMBER, APT, NO., CITY, BORa, TlNP., STATE: AND ZIP CODe ~,-,..: \..,;1" ':, <:--: I '(.,;, ADV~ FEE PAiD BY !\.TTY NOTE ONLYAPPi..ICABLE ON WRIT OF EXECUT\oN: H.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under wrthin writ may leave same withput a watch-pJ"an, in custody of whomever is found in possession, after notifying person of I~vy or attachment. without liability on the part of such deputy or the sheriff to any plaintiff herein for any lo~s, destruction, or removal of any property before sheriff's sale thereof. ..!!.;: 9. TYPE NAME'ANO ADDRESS ,of ATIORNEY I ORIGINATOR.and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED 'fED~ & PHELA..II/ .~.' ~ '. ' or,'E EENN CENTER, STE. 140iL' PHiLADELPHiA. FA 191;)3 12. SEND NOTj,QF: OF SERVICE,COPY NAME,AND ADDRESS BELOW: (This area must be completed if notice IS to be mailed). @ (mti{JdliIJ{J~)$J\J}TiA~I~l);,,'C' ~~!$PACt QJ;'i.OWF~R OSE OF T SHE ; 3. I ackn<l:Nle.~ receipt o~ 'th€: writ or comPlain~ ~.s indicated above. ~l5-56:~"-7C'- - ~~~ C'U1-,if,EP..L.ZU'.;[; ('(if.i:'ITY SHEP' FF I . QQ t-IQT..WRJ'I'~ ll~I,.QW TIiJSJ,JNIL~., 14. DATE RECEIVED 15. Expiratiol1fHearing Dat'a J. LUI:X<<IIG .'/::::-i ':2- 16, HOW SERW: PERSONAL ( ) RESIDENCE,! f POSTED ( ) POE ( ) SHERIFF'S OFF ( ) OTHER ( SEE REMARKS " "';'dl-- 17~'~ I heteby' ce~i!Y and return a NOT FOUND because I am un.able to locate th~ individual, company, etc. named above. (See remarks belo~.) 16. N"AME AND:f1iLE OF INDIVIDUAL SERVED I.UST ADDRESS HERE IF NOT SHOWN ABOVE (RelatiOnship to Defendant) 19. Date of Service -- ''-1f,,:.~~ 21. ATIE,MPTS D,ate Int. t. 22. ReMARKS '~ " ~~ $$ PAls{.iER DR., C~ HII.JJr PA! (CUtIBERLAI-:JD COU~~TYJ ", :-: , ... '0. . ~~' . _~3. Advance C~~ 75.00''' . Check No. 40. Cost Due or Refund 41. AFFIRMED a~d sUbscribe>~ to b~fore me this 44. Signature of Dep. Sheriff 45. Signature of York County Sheriff 47. DATE 42.dayof'-.,~~ .,.20.:"-.43. _ ~ -"-.' , I ~ , ,~~r~~~TAR~ / jrt.-/'., ')..-> ,I.......,/l/~ 46C~~~~tu~~.:;~:orelgn 50, I ACKNOWLE;OGE1lECEIPT OF THE SRERrFF'$ RDORN SIGNATURE OF AUTHORIZ!=,O ISSUING AUTHORI1Y AND TITLE 1, WHITE ~~Issuing Authority 2. PINK - Attorney 3. CANARY. Sheriff's Office 4. BLUE. Sheriff's Office 48. DATE 49. DATE 51. DATE RECEIVED .._,.;" ~'-.~~~._. ,...~:----. , ~~"j~ ''^~,-- ~ ". =~, -. <"~'" .1;lJ~JiktL . AFFIDA VI'f OF SERVICE PLAINTIFF GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY No.Ol-l271 DEFENDANT(S) KELLY R. FINNEY SERVE AT 44 PALMER DRIVE CAMP HILL, PA 17011 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 5, 2001 SERVED Served and made known to }<.J 11 R l fi /J'f,hf at 10 ::30, o'clock a .m., at if tf ~I #-0{ ()f.- , Defendant, on the C'ClIMf J~~ll ;2 3 /Cd. day of Tv N "- . 200.l. . Commonwealth of Pennsylvania, in the manner described below: ,Ii Nt Vas c.o Sworn to and Slj,b,.aqpbed before~S~day ~o~ ~j On the day of .200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Other: S WOrn to and subscribed 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, P A 19103 (215) 563-7000 "~BX~'~ ~ "~~ . ~~ ., GMAC Mortgage Corporation VS Kelly R. Finney '" In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-1271 Civil Term ~ ~. ~. '. 0 ~t R. Thomas Kline, Sheriff, who being dilly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff's Costs: Docketing Surcharge Posting Handbills Law Library Prothonotary Share of Bills Mileage Levy Advertising Certified Mail Poundage Postpone Sale Law Journal Patriot News 30.00 20,00 15.00 .50 1.00 25.66 16.90 15.00 15.00 1.13 13.74 302.60 244.29 $700.82 paid by attorney 8/31/01 Sworn and subscribed to before me . ~ 4 This ~ day of ~. L 2001, A.D.C) "f" . aIM},. ( ~ Prothonotary i.............__ So ^3;;~ . r~~J~~<~~ R. Thomas Kline, Sheriff BY~;t~lM R al Es e Deputy I,j'> ue... 33l?6b ~. -'#!>f~liii1lIIllI ~~" I .~ ~o~"...J.~ .~" - llOO.ll'B!::>"<-1i ~ , . GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS KELLY R. FINNEY CIVIL DIVISION Defendant(s). NO. 01-1271 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 of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 4440 SEARS RUN DRIVEMECHANlCSBURG, PA 17055 L Name and address ofOwner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) KELLY R. FINNEY 44 PALMER DRIVE CAMP HILL, P A 17011 2. Name and address ofDefendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None lI. ~ ~ -, ,~ ~" ~ ~. 111l.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.) EMPIRE FUNDING CORPORATION 9737 GREAT HILLS TRAIL AUSTIN, TX 78759 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 4440 SEARS RUN DRIVE MECHANICSBURG, PA 17055 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, ~1-dr' RANK FEDERMAN, ESQUIRE Attorney for Plaintiff Mav 22. 2001 DATE , ,",,,,,-""."'" I., "~ - -I.. ""~ -'~,,,:,: GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 01-1271 KELLY R. FINNEY Defendant(s). May 22,2001 TO: KELLY R. FINNEY 44 PALMER DRNE CAMP HILL, PA 17011 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, IF YOU HA VB PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY," Your house (real estate) at 4440 SEARS RUN DRIVEMECHANICSBURG, P A 170S5is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for the Sheriff s Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause, 3. You may also be able to stop the sale through other legal proceedings. _~~~ '>-',,; 1. ~__ ~" " ^ "li&i.l t' .j ~ " 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. I. 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 ifthe buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. Ifthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings t~_ evict you. . 6. You rnay 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 ,;;1I'~'=."- L. ,~J ."''''''~'- ~~'~, , ,; ALL THAT CERTAIN lot or piece of land situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of a public road, which point is six hundred eight (608) feet, more or less, East from the western side of the bridge at Sierer's Run and which point is marked by a pin; Thence Northwardly along lands formerly of William H. Morgan, et UX, now or late of John E. Cline, two hundred ten and five-tenths (210.5) feet to White Pine at private road; Thence Eastwardly along said private road one hundred nine and two-tenths (109.2) feet to an iron post; Thence Southwardly along lands now or formerly of Mrs. Harry Essick and now or formerly of Robert Weaver one hundred ninety-six (196.0) feet to a point in the center of said public road; Thence Westwardly along the center of said public road one hundred forty-three (143.0) feet to the place of BEGINNING. BEING No, 4440 Sears Run Drive. TAX PARCEL NUMBER: 10-18-1314-011 TITLE TO SAID PREMISES IS VESTED IN Kelly R. Finney, a married woman, her heirs and assigns by reason of the following: BEING THE SAME premises which Pamela E. Juhasz, a single person by Deed dated 6/30/97 and recorded 717197 in the County of Cumberland in Deed Book 160 Page 715 conveyed unto Darryl K. Finney and Kelly R. Finney, husband and wife. AND ALSO BEING THE SAME premises which Darryl K. Finney, a married man by Deed dated 7/5/2000 and recorded 7/28/2000 in the County of Cumberland in D~ed Book 225 Page 1122 conveyed unto Kelly R. Finney, a married woman, her heirs and asSIgns. ,,,,,~,"'~'" ~~ ~, "",1,'<( -~"",I ~ .""'"=,~ l . "~ . '~'~", . -.',.', ~ " . , , WRit OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) 'COUNTY OF CUMBERLAND) NO, 01-1271 CIVIL mx TERM CIVIL ACTION - LAW - TO THE SHERIFF OF Ctnnberland COUNTY: To satisfy the debt, interest and costs due GMAC Mortgage Corporation PLAINTIFF(S) from Kel1yH. Finney, 44 Palmer Drive, Camp Hill, PA 17011 , (1 )H<VOU are directed to levy upon the property of the defendant(s) and to sell DEFENDANT(S) See Legal Description (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notny 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 the defendant(s) not levied upon an subject to attachment is found in/he possession of anyone other than a named garnishee, you are directed to notify himlherthat he/she has been added as a garnishee and is enjoined as above stated. Due Prothy Other Costs $.50 $1.00 Amount Due $96,319.48 from 5/1/01 to 9/5/01 Interest (per niPm-$l'i Rl) $7..010.83 and Costs Atty's Comm % Atty Paid j;150. 24 Plaintiff Paid LL Date: June 8, 2001 Prothonotary, Civil Division b~"- DF7?n~ ) Deputy REQUESTING PARTY: Name Frank Federman, Esq. Address: One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103 Attorney lor: Plaintiff Telephone: 215-563-7000 Supreme Court 10 No, 12248 ~..t;iiiiM:lIIDH!i~S:i<b!I",i;:-4l;"_~~~hlli~,i!ll';1<j"iliJ#i~'~;i-"","";'i,,'Uj,:1,,,-,i'.."';,-,,;",d~ii~~~lJ~!illl!I-1~iiilW_l' " ',."",~., ~' , ,'n" Jtf,@~ ''"1!!!~~';';!'''lmJ!t#-""""I~,~'',~ . -'~"~~l!llilW "~~ Ilj 'Rt~l tS1~1E Sl\lE. I~O. 34 r-- ] c;;;J c;;;J c::::::::I @i) 1M) un jlMU It/J :JOO/ the sheriff levied upon the oetenoam\i interest in the real property situated in "!-/d1Hp r/.vl.. Cumberland County, Pa., know', wi numbered as: 1/lI'Io #liA,./} fu.n f)A1fx.. (Jj,eJJMiI'.AAMj and more fUII\ ;lescribed on Exhibit "A" filed win, this writ and by this reference incorporated herein. "t'~/~J,"1 By: !1~~ -, I ," ,. 'i'd 1-,'1: )]\I"n, \ r" ;.-: !"l \<,::1 ,,;, ' , _I': "',-:'\ \n Iii GE (' E\ lIor u ~ lit... (, .,.(.r AllFl;.." . ~',ndJ ,:LlIH:1YC: :<,\\,'. J:~I:I:lO I!I ,~, ~,--,~~gsTATESALENo'-34 _,c,~,', Wril tIo: 2001-1271 ",':-~-"<:-;_"'.crvffTerm . . G:MAC Mortgage Corporation ,,'--'~.....:...... " . ,", lIS 'C~ ~l<.ilyfU'inney" . " Atty: Frank Federman _",-:,", ,OfI!CflIPTION ~tL ~1tk.ftERTr\n'rl\lt O(pICC\5 of land ~ltU;lt; ~ =m,- Bamfxkn Town,J,-Jp,' C~l1ll.icrland Coun/}. B:llmishuhi'!. bOOIJe-.U and de~ribed as folllJ\~:'r. ttns'i'!.: '. t "~"' . ~QrN'N10G01t a pJ,nf m lhe Ceola (If It publi.:.' ~=rcra-djichIC1i plllnl'ls- sh hundred eIght (60.8) f..:o:t. , more or less, East from l~ we~em 'sIde of tho: =DrRlS" iH,'Sk-rer's RUll and i'hlCh pdlnt IS mar~L'd . bvapin' ". . . --' ~WW,Cg ';NOrthwardly along lan?s ~onnerl~ of ;;:WilJWJ1f H. Morean, el' ux, "oow IX tale of John E. i OIDt..)'ii!O hundroo ten and fi\e.tenth~ \210.51 fecftQ \\~l!\e P1ne:n private road; " Thence &l~lward!}; aJOflg sakl pm':!'" ro3.d om: ilundred OIne and tWQ-.lenth~ 1)()9.21 f.:ct 10.Jrl ;"l?6ffpmr; --- . 2:IIlem.:!' So,~jlJward)y along' kmd~ now or '"lEmtct:ly ,of Mh.. Hart)' E~slck aild nov.- Of EfQffiil.'rlY of F-ob:crt ~avcr one hundred nmet)'. ~O%:D) ft:cr f6.a -ezihllll'Ihe telllt',o[!.;1id " pu-D1k road; thencc''Wdtv,'ardl~ along the center ~ of. ~aHj pubJlc rqad ,.one' hu~dred forty-lhree =m::rarr;:~no'he pf;lcc r,fBEGJNNJNG. ~""BtI~u, mo Seats Run Om\:. !ji..J'~CEL,"'9," 10-18,1314, 01 1 ~TCE Tb-SAIl) ?BEMISES J~ wsloo In Kdl) ~R:, finney. a, inarriro woman, l1cr hClr~ und ~s~u,s by reason OtlllC follOWing: ~.ntE SA.~E premISe)., wDlcn Pamela E. ~- Juhas!., a suig).e perwfl... by Da'd dated 6f30/<J7 f,"zan{Lrccorded 7f7191 10' (he 'GlUnty of '=:"cu..mbcrland ,Ul Peei!' Book 160 Page 715 "'''"'cOn.vcyed ynto- Qarryl K. Finnc~ and Kdly R. ;ryRmR !Tusb,md and wife. ~D-'-~ BElNG the ~~mc premlSl:s which UarryJI<..Jinncy, a roamed man, by ~ ualed '...-7/5/2OfIJ and recordi:d mSr2000 In me C(jun(~ :r .6fJ51mOcrlarid In Ike<.l Book 225 P'4e, 1122 :::-<<In\'t..')':c~L unto Kdl~ "R. Rmie}, ,1" m~\mcd ~.Qm~ficrhClHaiJd"Nlgns.. . --~ .-,..-.--..-,-~"'-,-~~-,-,~":"-~ ------- " . <0. j ,- ~,,,',~ '~ " ~" . . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16. 1929 Commonwealth of Pennsylvania. County of Dauphin} ss 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 Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in MiSCel?OUS Book "M", V;I~:Ltl~:~~:~7' ,..,.,..,..,..,..,...,....,.....,.........~..,..,..,..,..,..,....... COpy Sworn to a' this 1st day fAg S ALE #34 Notarial Seal Tony L. Russen. Notal\' Public HamsbUl!l. Oall/lllln County My Co_Ion Expire. June 6,2002 NOT RY PUBLIC Member. PennsylVania ........alion e' Nolari~ 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 $ 242.79 1,50 244.29 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulatiol), hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.............,......................,............................... ,... , ,L REAL _ATE SALE NO. 34 Wrtt No. 2001-1271 Civil GMAC Mortgage CO[P"ratlon vs, Kelly R Flnriey Atty.: Frank Federman ALL 1HAT CERTAIN lot or piece of land situate in Hampden Town- ship, Cumberland County. Pennsyl- vani~ bounded and described as folloWs. to wit: ~EGINNlNG at a point in the cen- ter '.pf a public road. which point is six .hundred eight (608) feet. more or less, East from the western side of tihe bridge at Slerel"s Run and wW~h point is marked by a pin; Thence Northwardly along lands formerly of William H. Morgan. et ux. now or late of John E. Cline. two hundred ten and five-tenths (210,5) feel to WWte Pine at private road; Thence Eastwardly along said pri- vate road one hundred nine and two- tenths (109,2) feet to an iron post; Thence Southwardly along lands n@wor fonnerly of Mrs. Harry Essick and now or formerly of Robert Weaver one hundred ninety-six (196.0)' feet to a poi)1t in the center of said' public road; Thence Westwardly along the center of said public road one hun- dred forty,ihree (143.0) feet to the place of BEGINNING, BElNG No. 4440 Sears Run Drive. TAX PARCEL NUMBER; 10-18- 13 14-,0 ll. TITLE TO SAlD PREMISES IS VES1ED IN Kelly R. Finney, a mar- ried woman, her heirs and assigns by reason of the following: BEING THE SAME premises which Pamela E. Juhasz. a single person by Deed dated 6/30/97 and recorded 7/7/97 in the County of C1iIIDberland in Deed Book 160 Page 715 conveyed unto Darryl K. Finney and Kelly R Finney. husband and wife. AND ALSO BEING TIlE SAME premises which Darryl K. Finney. a married man by Deed dated 7/5/ 2000 and recorded 7/28/2000 in the County of Cumberland in Deed Book 225 Page 1122 conveyed unto Kelly R F'mney. a married woman, her heirs and assignS. _L ",', F> Ie. , ~~ '~ - ~ I" - . . C' .' --,'" ~~ ':"e. , . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cwnber1and Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cwnberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cwnberland Law Journal on the following dates, VIZ: JULY 20, 27, AUGUST 3, 2001 Affiant further deposes that he is authorized to verify this statement by the Cwnberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. R~,Editor~ SWORN TO AND SUBSCRIBED before me this 3 day of AUGUST. 2001 ~~:/~. ~(jd#A / "~ ~J LOIS E. SNYDER. NoI8iyPubllc Carlisle Bolo Cumber1and County My Commlsllon Expir8& Man:h 5, 2005 ~. i , ~i<-.r.P'.' . . PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC MORTGAGE CORPORATION Plaintiff, v. No. 01-1271 KELLY R. FINNEY Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $96,319.48 I mterest from 5/2/0 I to 3/6/02 (per diem -15,83) $ 4,891.47 and Costs TOTAL $101,210,95 1---11 U~ FRANK FEDERMAN, ESQUIRE ----- One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. i;lf~_mJ1iojllli.j~IWliM~I!bj;,;;i~ri!i~~~KMJllj,iMiiId;~!"'"it<i&.>t@;;:A,&.:uLl'l:'t:<;~'!L~~._"~'''''''''~'}!iI~'''-';'''-"''"' am MF.M~' ~ ,;,~~, '~'.. ~,<,.;. ,..''';'~'' '",..~--o-. .... .... 0 r-- .... -< ~ ....~ Z ~ o~ z 0 ~ 00> 0 .... -<... E-o .... ~ ...;;.. ~ "'00 U U .-0 ~Z ~'F 0) Zz 0 ;;.. ~ roS i:: 0... ... ... :I .~ ~ 0) ~ '" '\:: "' ::g~ Z .... Q 0) ::g ~ 0 Z O<:l 't;l ~ .n - O~ U S .. ~ ~ E-o .. ~ ~ .; ~~ ... S UZ ~ <B ....~ ~ "' ;;.. >> l:l 00 -< 0) ~ E-oU " ... ~~ a ~ ~ ... ot: 0 ~ p. ~~ ~ - .... Q ~ ~ ~ 0 "'6 8sl ::g ~ ~ .... iJi ...... U U "' -< ... 0) == .;;; :g E-o::g ~ ~ ..2 ,~ < z~ ~ ~ ....u n C:'~ \J \''1 r .r---<" ,- .:;::) ~:: rn "1' Q~ty ;::-J t;}~:- c:-. ~-~~) -'~: ~~2 ~_.' -' '.~ 2 ,:;1 tv ... m ~ ~ ~ .~- ..~ I" .. , ~;:~,: . ALL THAT CERTAIN lot or piece of land situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of a public road, which point is six hundred eight (608) feet, more or less, East from the western side of the bridge at Sierer's Run and which point is marked by a pin; Thence Northwardly along lands formerly of William H, Morgan, et ux, now or late of John E. Cline, !'NO hundred ten and five-tenths (210,5) feet to \Vhite Pine at private road; Thence Eastwardly along said private road one hundred nine and !'No-tenths (109,2) feet to an iron post; Thence Southwardly along lands now or formerly of Mrs, Harry Essick and now or formerly of Robert Weaver one hundred ninety-six (196.0) feet to a point in the center of said public road; Thence Westwardly along the center of said public road one hundred forry-three (143,0) feet to the place of BEGINNING, BEING No. 4440 Sears Run Drive. TAX PARCEL NUi'vffiER: 10-18-1314-011 TITLE TO SAID PREMISES IS VESTED IN Kelly R. Finney, a married woman, her heirs and assigns by reason of the following: BEING THE SAME premises which Pamela E. Juhasz, a single person b~ Deed dated 6/30/97 and recorded 717197 in the County of Cumberland in Deed Book 160 Page 71J conveyed unto Darryl K. Finney and Kelly R. Finney, husband and wife. AND ALSO BEING THE SAME premises which Darryl K. F~ey, a married" m~ by De~~ dated 7/5/2000 and recorded 7/28/2000 in the County of Cumberland In D~ed Book ~2J Page IL_ conveyed unto Kelly R. Finney, a married woman, her heirs and asSIgns. ~~~Jl,i~!ii'~~~i.ii1~f..tl&oll;~~1fl":li",~>~,;;'f,,,'l;'.b'Klt'i"P>,;it.:~Ii1'i~~~_'t''1''.'.':,-'ll~L)'lI .i.""!:iir _..._~ , ~ of) ?D p c v' C C') " e~ 'cJ, ~ ~ ",:::,1 ' . C :S,. .,1 '''1' -ou: c1\ fTlrr ::) 2::'-: - >t:, :~\~;~ (=:1 - ....J ~ v (\' -,.>' ",,~ -- -, C) ~~ E;">> ~--.... Z;"< r:2 ~', ~ --......" s: .--. D ;pc: ~ ~ -S:'> o?'\ -? ~ - /" :n ~ . 'J, , :2 Iv -<. ~ ~ f3 ~ ~ <:J 0<;:) ""'~""'=" -.." l~ ..;. . , GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY , Plaintiff, v. COURT OF COMMON PLEAS KELLY R. FINNEY CIVIL DIVISION Defendant(s). NO. 01-1271 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 of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 4440 SEARS RUN DRIVE. MECHANICSBURG. P A 17055 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last KnOwn Address (if address cannot be reasonably ascertained, please indicate) KELLY R. FINNEY 44 PALMER DRIVE CAMP HILL, P A 17011 2, Name and address ofDefendant(s) in the judgment: KELLY R. FINNEY 44 PALMER DRIVE CAMP HILL, P A 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. -., """ ~~ ~ .~"'" M" I " - , ~~ .~~ , ., 4. Name and address of last recorded holder of every mortgage of record: f Name Last Known Address (if address cannot be reasonably ascertained, please indicate) EMPIRE FUNDING CORPORATION 9737 GREAT HILLS TRAIL AUSTIN, TX 78759 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 4440 SEARS RUN DRIVE MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S, Sec. 4904 relating to unsworn falsification to authorities. December 6. 2001 DATE '~~ il~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~~ -cJ.....,~_l "~.....J...~ . ~..;.~ ~k'~ . FEDE~andPHELAN 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 KELLY R. FINNEY NO. 01-1271 Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage () non-owner occupied () vacant o 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. ~ -tL FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff J:l& r' ,~ , I. I~--.=, ~ , ~"~ . ., - " '" ~~.;t~'I" ( GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 01-1271 KELLY R. FINNEY Defendant(s). December 6,2001 TO: KELLY R. FINNEY 44 PALMER DRIVE CAMP HILL, P A 17011 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at 4440 SEARS RUN DRIVE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on MARCH 6, 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $96,319.48 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you, If the Sheriffs sale is postponed, the property will be relisted, for the JUNE 5, 2002 Sheriffs Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: L The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3, You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights, The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) ~~~ . .-',;," ;\"" , YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the 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. Ifthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as ifthe sale never happened, 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer, At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house, A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE,PA 17013 (717) 249-3166 (800) 990-9108 ~ .,',' ,. ~ " - ALL THAT CERTA.IN lor or piece of land siruate in Hampden To\vnship, Cumberland COUnty, Pennsylvania, bounded and described as follows, to wir: BEGI:'i;,,1NG at a point in the center of a public road, which point is six hundred eight (608) feet, more or less, East from the western side of the bridge at Sierer's Run and which point is marked by a pin; Thence Northwardly along lands formerly of William H. Morgan, et UX, now or late of John E, Cline, two hundred ten and five-tenths (210.5) feet to v,ihite Pine at private road: Thence East'Nardly along said private road one hundred nine and two-tenths (109.2) feet to an iron pOSt; Thence Southwardly along lands now or formerly of Mrs. Harry Essick and now or formerly of Raben Weaver one hundred ninety-six (196.0) feet to a poim in the cemer of said public road; Thence Westwardly along the center of said public road one hundred forty-three (143,0) feet co the place of BEGIN0IlNG, BEING No, 4440 Sears Run Drive, TA..X PARCEL NUl\oIBER: 10-18-1314-0lL TITLE TO SAID PRE;VIISES IS VESTED IN Kelly R. Finney, a married woman, her heirs and assigns by reason of the following: BEING THE SAME premises which Pamela E. Juhasz, a single person b~ Deed dat~d 6/30/97 and recorded 7/7/97 in the County of Cumberland in Deed Book 160 Page 71J conveyea umo Darryl K. Finney and Kelly R. Finney, husband and wife. AND ALSO BEING THE SAME premises which Darryl K. f~ey, a married~~~ by De~~ dated 7/5/2000 and recorded 7/28/2000 in the County of Cumberland ill Deed Book __J Page lL_ conveyed unto Kelly R. Finney, a married woman, her herrs and aSSIgns. ..~~" - OiLW ~ l~_ ~ " ". ";' YPc- t:: AFFIDAVIT. OF SERVICE CUMBERLAND COUNTY PLAINTIFF GMAC MORTGAGE CORPORATION No. 01-1271 DEFENDANT(S) SERVE KELLY R. FINNEY AT 44 PALMER DRIVE CAMP fiLL, PA 17011 KELLY R. FINNEY ACCT. #450766621 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 6, 2002 SERVED Served and made known to K~flr R. Fi~tJl<.t ,Defendant,onthe;!}J) N-L dayofJgece.v-tbe</Q00l, at ::J.IO(J ,o'clock-f,ffi.,at 41 Pv.lvIA€V:- 'Of.-, I C'd'\Mf H1t\ ,Commonwealth 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 of Defendant(s)'s residence who refused to give name or relationship, Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business, an officer of said Defendant(s)'s company, Other: Description: Age 30 1, ~tJc.'<C. k, a true and correct copy of the N the address indicated abo , I II . ,~~ ' do~<!--~\:.~ Height ~ Weight $ Race ~ Sex L Other ':)\965e.5' ~ competent adult, being duly sworn according to law, depose and state that I personally handed 'ce of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at NOTARIAL SEAL ANNE G. BORY AN, Notary Pub ...-' Sworn to and subscribed Chambersburg Bora. Frankl' (!i/ before me thiso?<f0-da MyCommlssionExp/res 1 ~ ,/ of ']Je.a,.".&A.., 2001- ' , Notary;,?4..,...... G. ~ By: . PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DA ES & TIMES OF SERVICE ATTEMPED. NOT SERVED On the day of ,200_, at o'clock _,m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Other: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station t617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ''';1:-i1~~1;~1;l''c''',;'i''ili#Qi'l'*,~fI;;':2;##.'ii%r'''\\h"m'i'''iliJ.lHi,'gi~''''''''M',:t;",j.,.'<i,,'t"II\:;,".;ji""t~)~I~~i"-'tI JAJ.tL',-""""w.ll!!! ,~~..=,'~' -. ""''"'" ''''',,~''''''''' ,,~, , ". ~iM\l:lljl!~4"illli%~ll!ll1i1il~"~""'-"'~' '-= -". "'. ,. 0 0 C p,,), s: "'on:; -',,, z: ~~L ~~~ ~ r- f--:s ~;: ~ r::: ,~r ~ 'r' ~'O CJ ~"'''' L Cl 5> C w '-, :z 0 J> :'2, Xl e,) -< ~ jj ~...... I ,._1 . , ~" 0". .,-: ";. SALE DATE: MARCH 6. 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION No.: 01-1271 vs. KELLY R. FINNEY AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following inforlnation concerning the real property located at: 4440 SEARS RUN DRIVE. MECHANICSBURG..PA 17055. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required byPa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No.2 (previously filed) and Supplemental Mfidavit No.2 on the date indicated, and a copy pfthe notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. ~ -----J ~ / FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff February 26, 2002 _"';<<'M,"'~"'-' ,"- '. . "'< .'~"'~ '''J~ifu:;! GMAC MORTGAGE CORPORATION I t CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS KELLY R. FINNEY CIVIL DIVISION Defendant(s). NO. 01-1271 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 of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 4440 SEARS RUN DRIVE, MECHANICSBURG, PA 17055. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be , reasonably ascertained, please indicate) KELLY R. FINNEY 44 PALMER DRIVE CAMP HILL, P A 17011 2, Name and address ofDefendant(s) in the judgment: KELLY R. FINNEY 44 PALMER DRIVE CAMP HILL, PA 17011 3, Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. .:iIlll ~~~ ~~ ~ ~ h'"~_'~. ...........' ~ '"~ "" ".= ~:t'1Iil:J" ~ 4, Name and address oflast recorded holder of every mortgage of record: . t Name Last Known Address (if address cannot be reasonably ascertained, please indicate) EMPIRE FUNDING CORPORATION 9737 GREAT HILLS TRAIL AUSTIN, TX 78759 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6, Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7, Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 4440 SEARS RUN DRIVE MECHANICSBURG. PA 17055 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, December 6. 2001 DATE 1 ~ i l~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff , --,-- ifd '........... :i S - ;:." 'J> - - .. c .. 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Ill? ~ ~ c:: ~ ~ 0 = ::l'3 0 l'll - ,- - ::::.:::. 8 tIC l'6 C/l ~ !!!'<"O g. <;j' -I ." ./ g.-g ~ ~ @ ,z ;.- '" b- 0' <II ~ g (i"-g - ." < ~ ~ g g ~. -I -.J 0 m "'-, X 0 ::0 -- o iji"@ !: ~ v- Ol rii ......;:; ~ ::l -.J v- ~ C/l ~~~~~ 00 ;l -.J ro8::rs~ v- N 00 0, m O'~~?il -.J ,~ .., >< ... ~ Y' @ 3' !Jl5' ~'a ~ ~ - \l ~ =i'l:l ::r ~ ~ 0.0.:;:- ~ ~ d ii5 ;::::;..g- g. '" l\l ~ n iil o:l c-< :::l I>l 9 - ~ ,m ...~ <'5 nl ." ~.g:g~. .C1 >- ~ ~ ~ ~ ." - "0 ::l 0 ? ::t.m:::l c.. >- -.J g ~ ~ ~ 0 :::; - ~;;n:::; "-' 5' ~ g. ~ - ~ ~:.;r I 0 v- - _.;:! =I _ :) \~~----=:::::==.J ,'I' ~ ~~ J..;..&i>'Y.-:=- ,,' ~ ~'?-oc.(;-~'JU~'l$1~~!; ~ ::.:f "'y ~....-l . ., \., i'" :r-' " ~V.?,ll ,';, , . ",i:j}' , Q1 :>" p' ~ \ 0 () :: ," \[>'" .,..' .,::::.. t,,,... r~ F'S-' "aMc>;:in, ~'" 6QOS360-----------~~ I I I I I I I I ~ , ..~ ~. .~ c ~o~o h_ .~ I ".........~: 0>2: ..,co.., CIlco.S g nt ~ co."''' '" '" = .. co. ;'2:;0"<1 :::.:_om .,--J"O g.t....o~m iiggg; g."<1n>: "O~g2: >,,"> ......5;z ,,-0 ~g;"'C I;llc"::I:: o El m <=c"r-' -':.i ...... ~ " Z ~ CIl p..a (Jj g. 5, " .. o o ~,...-' . , ,'.. ~~ . ~ , .~, 1.4l~\ I DATE: TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S) KELLY R. FINNEY PROPERTY: 4440 SEARS RUN DRIVE MECHANlCSBURG, PA 17055 Improvements: Residential Property CUMBERLAND COUNTY The above-captioned property is scheduled to be sold at the Sheriff's Sale on MARCH 6, 2002, at 10:00 a.m. in Cumberland County Courthouse. South Hanover Street. Carlisle. PA. Our records indicate that you may hold a mortgage or judgment on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. LH .. ~~ - .. . " , ,'.' ~ " ~~e, "'" y SALE DATE: MARCH 6, 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION ~DERMAN At\tD PHELAN No.: 01-1271 "." "'...'."'.H!""". '''''Ie '.~ "'Oi"ilY ~ t;"i"'I~ 11 fill..!::: It:; r oPU:ASE RETURN ' vs. KELLY R. FINNEY AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 4440 SEARS RUN DRIVE, MECHANICSBURG, P A 17055. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No, 2 (previously filed) and Supplemental Affidavit No.2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. February 26, 2002 ~~ k/ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~!1)EIRlMAN AND Pm:4ELAN ATiORNEY filE COpy PLEASE RETURN; ; ." ~~~l!~j~~@W~~,~iJ(AA\;<1J<Ol~8j,j-""ck~J",$C~,-"..,;i.il-,,'h~~!i;u.i~;J:Si 1I11f1l 'Tr:' .........~ W1i1\i""""""~~-r'f';j! It, ~'~ ~.J." "- , , (,.'~ b 0 0 C N -y\ ;;;: -" co en f'i1 :J3 mrr '0-' 2-:1"; , r-- ZC~ '" .. .-.q , VS"", m " ~..:::- "3 (~) r:::::Cj ~ -',-' "'r, ~, ~~~ ~c' L. " _:il.. ~~ 6 ;;';;.~ni. ..,j ~ -, ~ '" :n .::- -< , '';',C'> ~ ~~ ". ,~ .". ~- ~ ,~ " ! . . STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler ~ ______________~_______________________________________________________________Ilecorderof Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which _hh_h____h__ GMAC Mtg Corp . hh__h__hh______h_________hh___h____dn ______n_____n__n__h_nhn__hh IS the grantee . 6th the same havmg been sold to said grantee on the __n_n_nnh_h_hhhh_h___h___h____hh day of __n~"'!_C_~hhn__hh________hhhhh A. D., ~?Q9J_h' under and by virtue of a WriLh_h____hh execution . d th 10th _ __ ___ _____ ___ __ ___ __ _'-____ __ ____ _____ _____ ___ __ Issue on e _ __ __ _ __ __ ___ __ __ _ __ __ __ __ __ ______ ___ Dece.,ber 2001 h C f C PI f'd C f day of dnh__nnnhh__h____ A. D., 'Wh_h_' out of t e our! 0 OInman eas 0 sal ounty as 0 civil T ~001 ______________________'-___ ____..._______ _ _ _ __ ___ __ ____ _____ ___________ __ __ __ __ _ ____ erm, _ ______ 1271 . GMAC Mtg, Corp Number ______d_nn_' at the SUIt of __h_hhd_n_ ____h___n_n____h______h__hhdhn________ Kelly R Finney __________________ ____'-__ ___ __ _ __ __ against_ __ _ _ __________ ________________ __ __ __ __ ______ _______ is 250 4733 duly recorded in Sheriffs Deed Book No. _____h___h' Page d__h__d__. IN TESTIMONY WHEREOF, I have hereunto :-.t:- set my hand and seal of said office this d2__,____ day n__~__--- _.A~' fM9!-..qp_~_ --~ - ----------- R rder of Deeds IleooolerlJlDoolll.~~~1'A Mr CGmmlllllllll EllpInIotlle I'InIlllonllill'lJI..... 2IlGI of _n_ ~'." .-~~ . ~I ~~'~-, - ~ GMAC Mortgage Corporation VS Kelly R. Finney r. ~ .,",.,,','....-"~~"', ~i;jLi;;i.!iiili"" .. In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-1271 Civil Term Douglas Donsen, Deputy Sheriff, who being duly sworn according to law, states that on December 26,2001 at 7:25 o'clock p.m., EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon one of the within named defendants, to wit: Kelly R. Finney, by making known unto Kelly Finney, personally, at 44 Palmer Drive, Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copy of the same. Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on January 07,2002 at 2:50 o'clock P.M., E.S.T., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Kelly R. Finney located at 4440 Sears Run Drive, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Kelly R. Finney, by regular mail to her last known address of 44 Palmer Drive, Camp Hill, PA 17011. This letter was mailed under the date of January 23,2002 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on March 6, 2002 at 10:00 o'clock A.M., EST. He sold the same for the sum of $1.00 to Attorney Frank Federman for GMAC Mortgage Corporation. It being highest bid and best price received for the same GMAC Mortgage Corporation of 401 West 24th Street, National City, CA 91950-6696, being the buyer in this execution paid SheriffR. Thomas Kline the sum of $856,26, it being costs. Sheriff s Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy 30.00 16.79 15.00 15.00 30.00 10.00 1.00 16.25 .82 15.00 l~""""",~" I. ~~. Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed <'~ t ~ ~".'<'~->' ~i~.[iii>' 20.00 321.20 289.50 24.20 25.00 26.50 $856.26 paid 3/13/02 Sworn and subscribed to before me SO..~~:~~ "'~ ~ ~Thomas Kline, heriff Byjo~ S~th Real Esta e Deputy This If"" day of ()f'-,p 2002, A.D. etA" () ~ I~ ro{honotary euJt.J0 jD,trV ~ /,110 Ck,3S930 Rv.-. /~3(.' r! -' ~,~- . '.' I .', ~. liltl).,,",' k \ \. l,vIORTGAGE CORPORATION ~" ,I .'" ~"';<',' , CUMBERLAND COUNTY Plaintiff, , v. COURT OF COMMON PLEAS KELLY R. FINNEY CIVIL DIVISION Defendant(s). NO. 01-1271 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 of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 4440 SEARS RUN DRIVE, MECHANICSBURG, PA 17055. I, Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be , reasonably ascertained, please indicate) KELLY R. FINNEY 44 PALMER DRIVE CAMP HILL, P A 17011 2. Name and address ofDefendant(s) in the judgment: KELLYR. FINNEY 44 PALMER DRIVE CAMP HILL, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. ~. ''''''~~'. l;f;,1 - l >_ ~'~ "- .'~, '","' ~.' '--'"~~-"""'"~~,i> i ~. i I '~. I .i , ~i.,...,I.,tine and address oftast recorded ho~der of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) EMPIRE FUNDING CORPORATION 9737 GREAT HILLS TRAIL AUSTIN, TX 78759 5, Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6, Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. '.1 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 4440 SEARS RUN DRIVE MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties oft8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities, December 6. 2001 DATE 1 ~ i k0- FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~~ .~~~"_ . ~L ~,I~~,- , ~ ~ . _ _ < ,l ' -" . . GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 01-1271 KELLY R. FINNEY Defendant(s). December 6, 2001 TO: KELL Y R. FINNEY 44 PALMER DRIVE CAMP HILL, PA 17011 "THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ,. Your house (real estate) at 4440 SEARS RUN DRIVE, MECHANICSBURG, P A 17055, is scheduled to be sold at the Sheriffs Sale on MARCH 6, 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $96,319.48 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you, If the Sheriffs sale is postponed, the property will be relisted,for the JUNE 5:2002 Sheriffs Sale, NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: l. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due, To find out how much you must pay, you may call: (215) 563-7000. 2, You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3, You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) ~ ~ '~Il!!-_--,,:o: YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I, 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 schedul~ 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. IFYOU 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 L i~ , 1,,_" ( ALL TH.\T CERT.\I:-i lor or piece of land sirua[e in Hampde:l Township, Cumberland Coum:!, Pennsylvania. bounded and described as follows, to wit: BEGI:'i:'J1)iG a[ a point in me center of a public road, which polm is six hllndr~d eight (608) fe~" mor~ or less, ElSt from me western side of me bridge a[ Sierer's Run and which point is marked b:' a pin; Thence Northwndly along lands formerly of William H, Morg:l.ll, et UX, now or late of John E, Cline, t',\/o hundred ten and five-tenths (210,5) feet to \Vhite Pine at private road: Thence EasrNardly along said private road one hundred oine and t'No-tenms (109,2) feel :0 an iron post; Thence Soumwndly along lands now or formerly of Mrs, Harrj Essick and now or formeriy of Robert We::lver one hundred ninety-six (196.0) feel to a point in me cenrer of said public road; Taence Westwardly along me cemer of said public road one hundred for:y-chree (1-!-3,O) feet to me place of BEGINNING, BEING :'io, 4440 Sears Run Drive, TA_X PARCEL i'l1J:VlBER: 10-18-1314-011 TITLE TO SAID PRE~aSES IS VESTED IN Kelly R. Finney. a married woman, he:' heirs and assigns by reason of me following: BEING THE SAN[E premises which Pameb E. Juhasz, a single person}~ Deed dated 6/30197 and_ recorded 717/97 in me County of Cumberland in Deed Book 160 Page 11) conveyed unto Darry i K, Finney and Kelly R. Finney, husband and wife, AND "LSO BEING THE SAME premises which Darryl K. Finney, a married m:m by Deed dated -' ,"\, . D d B k ~~ Paa,. 117" 7/5/2000 and recorded 7/28/2000 in me County of Cumberland Ul ee 00 __J ,,- - -- conveyed umo Kelly R. Finney. a married woman, her heU's and aSSIgns, ~_'''''''llilJ, .;;0 ~ L>1~.ji!ibjlr -" ~~.. , ~~ -'" - .~.,...,.,~"-"'-"";<." I: WRIT OF EXECUTIOt:lal'ldlor ATTACHMENT " COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO, 01 1271 CIVILJUl..1EBM CIVIL ACTION - LAW TO THE SHERIFF OF C':lImhPrl Ann COUNTY: To satisfy the debt, interest and costs dueGMAC Mortgage Co:r:poration PLAINTIFF(S) trom Kellv R. Finnev 44 Palmer Drive, Camp Hill, Pa. 17011 DEFENDANT(S} (1) You are directed to levy upon the property of the defendant(s) and to sell 4440 SPArs Run Ddve. Mechanicsburo, Pa. 17055 (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and tonomy the garnishee(s} thaI: (a) an allachment has been issued; (b) the gamishee(s) i5lare 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 propertyofthedefendant(s) not levied upon all subject to attachment is found inthe po$Session of anyofl$other than a named garnishee. you are directed to notify himtherthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due S9h.119.48 5/2/01 to 3/6/02(per diem-15.83) frite(est $ 1, 891. 47 Atty's Comm % LL Due Prothy Other Costs $1 00 Atty Paid Plaintift Paid $ Rh1 'ih Date: Po;>"emhPr 10, ?001 Curtis R. Lono Prothonotary, Civil Division by 0-r--- r2 'hulk, Deputy REQUESTING PARTY: Name FrAnk Federman. Esq. One Penn Center At Suburban Station Address: 1617 ~01m F. KelUle<ly Buulevcu.J, Suite 1400 PhilAnplphiA. PA. 19103-1814 Attorney lor: Plaintiff Telephone: Supreme Court 10 No, ,j!~__'~:'J:,1:t;i'~",~:i-~h'}~~Mt1l!':~l!rrlffii~,.L,,*j;!W-'tlfHiiii;H'LO:i-""""!i'''',,'!-'-i!'';,,,~-iit''''j;,),"'"!1Ii!1l'il4iJ;jtl~ili!Ndillit\1I'1~'/imJii!il~~IllD.l~''I'~''!j'''l'iillllif~~~i~:lill.il1~''''''J''~'''~ REAL ESTATE' SP\lE No. LlO On December 12, 2001, the sherifflevied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA, known and numbered as 4440 Sears Run Drive, Mechanicsburg, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 12,2001 By: (JAP/ J1 ~1IA'1.t'- -teaiEltat~ttYePUty ~l~SiHr3c\ -q\ 'rl.~_, C, ,-.)'.) ~i \ \ ',),\) \u. \<\.1 0\1 t. '. . j"\\O ).1\\11\;';:'1 ~'(;'1;)\::I.iO j.i\\\:lIlS 3\1 J L-.) Cj;;J c:;:;:;) C;;:3 ~ Iii;;) it:~C::~:=~~~~-'~-- -' " REAL ESTATE SALE No, 40 Writ No, 2001-1271 ,chill Term GMAC Mortgage CorporatIon _ __ "-':'.1'$- . ,~ Kelly R. Flnney .~ AllY: Frank Federman c DESCRll'fr()i'( :AtL, TH..il..:r CERTAIN ~)t or piece of land "';:S-~.te ill1bn1pdcn ";:oWUS'hip, Cumberland County, -e.ennsylV9!lia. bounded and described as .follows, t() wit . '~BEGmNING'ai., point in the center of a publtc 0> ~,_ which Jroiut ts &ix. h.uJldred eight (60S) lJ'ee(fuore.-or lesS, East from the We&tem side of ~,hiidge at Si.erer's Run and whicb point is ~li1:keoDY apln. '~c,e--,Notthwardly along lands formerly of ;W1l~~,H. Morgan, et ux, now or late of John "E. Clfne.. two hundred ten and ftve-tenths !ilffiS) feet tQ\V'hlte Pille at private road; !Th~c_eJ~as.twaHlly- along said private road one "1i.undreanme and two-tenths (109.2) feet to an -y 't. ~~~'!..-sOuihwaJdf)l-atoog 'landS 'now' or R~:~lY-9~Mr.~~-Harry Essick and nOW or onnen}' 'Of Robert Weaver one hundred ninety~ ~(l96.0) feet to a point in' the, cen.ter of said =:~licroad; " !Thenc.e.. Westwardly along \he cente:I of said rpuolic road one hundred forty-three (143.0) feet Eto:Oj~p1aCi-ofBE53J}.WNG, iBIDNG No. 4440 Sears Run DriVl<- '~'fAXPARCIlL NUMBER,'lO.18~1314,Dl1. ;J11;LEJO ~A1D prernhes is veste.d in Kelly R. .;:Euiney,:a-married wo;nan, ber heirs and a5signs . ~y, ~on offue follQ-wlnS: ;;. BEING the same t'ccmises wbichPamela E, _Juhasz, a ~mg~e ~rron, 1:')'. pe~d dated 6/30197 ~ana re~orded 7n~1 ':!- ilie County of YCiUfioeIland in Deed Book 160 Page 115 ~ conveyed'unto Darryl ~. FiflIley and Kelly R. __ Frnney, husband'and wife, '~mD ALSO-BEING the same premises which D~, Finney, a,mllll1, 'ed, roan. by Deeddated ryf5l1fJOO and recorded 1128/2000 in the Count)' 1!"'of'CUm5erland in De<:<! Book 225 Page 1122 =-='ctfitveyed unto Kelly R. Finney, a awried =,,?,oman, her heirs and assip. ~- " ~-~~I ~ - .'._'~ ~ , _L-....ollib:lL .. ...,r ~'~""...~:- 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 Michael Morrow being duly sworn according to law, deposes and says: That he is the Ass!. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street. in the City of Harrisburg, County of Dauphin. State of Pennsylvania, owner and publisher of The Patriot-News and The Sundav Patriot-News newspapers of general circuiation, 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 29th day(s) of January and the 5th and 12th day(s) of February 2002, That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot,News Co, aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of D uphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#40 S Notarial Seal Tony L. Russ"" Notary Public HarrlsbUIll. Dauphin County MyCommlsslonExpirasJunaS.2002 N TARY PUBLIC Mambar, /'aflnsylVanla ASSOCiation 0/ Nota~ 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) $ Totai $ 288,00 1,50 289.50 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By,.","".,.,."'."""""".,."....,.,.,.,.,."".,.,.,.,.,.,." o'~ - ,~~ ....." REM. ESTATE SALE NO. 40 Writ No. 2001-1271 Civil GMAC Mortgage Corporation vs. Kelly R FInney At1y.: Frank Federman ALL TIiAT CERTAIN lot or piece of land situate in Hampden Town- ship, Cumberland Connty, Pennsyl- vania, bonnded and described as follows, to wit: BEGINNING at a point in the cen- ter of a public road, which point is six hnndred eight (608) feet, more or less, East from the western side of the bridge at Sierer's Run and which point is marked by a pin; Thence Northwardly along lands formerly of William H. Morgan, et UX, now or late of John E. Cline, two hundred ten and five-tenths (210.5) feet to WhIte Pine at private road; Thence Eastwardly along said private road one hnndred nine and two-tenths (109.2) feet to an iron post; Thence Southwardly along lands now or formerly of Mrs. Harty Essick and now or fonnerly of Robert Wea- ver one hundred ninety-six {196.0) feet to a point in the center of said public road; Thence Westwardly along the center of said public road one hun- dred forty-three (143.0) feet to the place of BEGINNING. BEING No. 4440 Sears Run Drive. TAX PARCEL NUMBER: 10-18- 1314-011. TITLE TO SAID PREMISES IS VESl'ED IN Kelly R. FInney, a mar- ried woman, her heirs and assigns by reason of the following: BEING THE SAME premises which Pamela E. Juhasz, a single person by Deed dated 6/30/97 and recorded 717/97 In the Coun1y of Cumberland In Deed Book 160 Page 715 conveyed Unto Darryl K. F_ey and Kelly R. F_ey. husband and wife. AND ALSO BEING TIlE SAME premises which Darryl K. Finney, a married man by Deed dated 7/5/ 2000 and recorded 7/28/2000 In the Connty of Cumberland in Deed Book 225 Page 1122 conveyed unto Kelly R. FInney. a married woman. her heirs and assigns. . k .~ , '" ~~,~, - ~, ~,"' c', 1" b~",,~ . - .' . - ~, " }' 'l.J>iUiM~,*",!"Wl-"'~"", PROOF OF PUBlLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor ofthe Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: JANUARY 25, FEBRUARY 1, 8, 2002 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. ~d'~ Roger M. Morgent a, E Itor SWORN TO AND SUBSCRIBED before me this 8 day of FEBRUARY. 2002 NOTARIALS LOIS E. SNYDER, NoIaty ~L CarlluIe Bow, Cl.,'mooriand \NUn My Co/MIISSlOIl Expires March 5. .,~ ,'. . .,'... ~ - '~""", ~ ' J;1EDERMAN AND PHELAN , By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103.1814 (215) 563-7000 GMAC MORTGAGE CORPORATION 401 WEST 24TH STREET NATIONAL CITY, CA 91950-6696 Plaintiff Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION VS. : NO. 01-1271 KELLY R. FINNEY 44 PALMER DRIVE CAMP HILL, PA 17011 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 KELLY R. FINNEY, Defendant(s), for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest 2/1101 to 5/1101 $94,643.68 $1.675.80 TOTAL $96,319.48 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rule 237.1, copy attached. 'lA~? ~~ FRANK FEDE , ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSRD AS INDICATED'~-:i;; ~. DATE: fY1~'f J. :JrY'>/ )/2~ PRO PRO **TIllS FIRM IS A DEBT COLLECTOR ATfEMYTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR mAT PURPOSE. IF YOU HAVE PREVIOUSLY RECENED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, TIllS CORRESPONDENCE IS NOT AND SHQULD NOT BE CONSTRUED TO BE AN ATfEMPTTO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** ',.~ ~~ , , - .. , ...Iirnl~" , . 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 KELLY R. FINNEY NO. 01-1271 Defendant(s) TO: KELLY R. FINNEY 44 PALMER DRIVE CAMP HILL, PA 17011 FILE COpy DATE OF NOTICE: APRIL 12. 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, P A 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff " ,~ '., ,: .........';""-',if; , ' FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION Plaintiff Attorney for Plaintiff : CUMBERLAND COUNTY : Court of Common Pleas vs. : CIVIL DIVISION KELLY R. FINNEY Defendant(s) : NO. 01-1271 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended (b) that defendant KELLY R. FINNEY is over 18 years of age and resides at 44 PALMER DRIVE, CAMP IDLL, P A 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~ ');dl~ FRANK FEDERMAN Attorney for Plaintiff "',.,,,...........-'~ ~ ,^"" - ~ ' ,. (Rule of Civil Procedure No. 236 - Revised) GMAC MORTGAGE CORPORATION Plaintiff : CUMBERLAND COUNTY : Court of Common Pleas vs. : CML DIVISION KELLY R. FINNEY Defendant(s) : NO. 01-1271 Notice is given that a Judgment in the above captioned matter has been entered against you on MAY '- ~ .2001. __By ao"" <? ~A.x~r-DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN. ESOUIRE 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 TillS DEBT WAS NOT REAFFIRMED, TillS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** ~&.J!!!r#t""S'''''!;''I''''''''~"'''''~'J:lli~~",giiJfi'''~Uj;~'\M.};j'''",'-'"''W"k>~"".:'~~".!'Jbij"%';'",,i,,:i;,',idM''''M~~iiliili~~_~~~~liIilolI!lj/I~~l!tIJii!ili!l!"""'''''':' >%Kll t AJ e "Iq. fk. ...() 8 ~ ....... 0 - tv 0 C) c: ...... t.", f! <" -'I '- - ~a: 3 ~ );""' ....... ~ r,' -< ;.",-- Z=c. I""::. ~ 7-c' I " ~?: ("",,) '.~ '-_: ,.. 0 ~ ' , ~ r-l----~ "::jC) ~- ~ -0' "I", ,............, ::!~ ,'--'. ' Zt...- ':,:~ C") ",0 '-Z -c I') Z=:irn 7- ~ ::< p rn :J] -, ~ ~,,,'~ =. " "',"j , 11 " !I I, II ,I II , 1'1 I I , I , i I , ~ '" . .'""," -, .~ .J,,---,. , I~ .... \ I FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PIDLADELPHIA, PA 19103-1814 (? 1 'i) 'i1i1-7000 ATTORNEY FOR PLMNTITF COURT OF COMMON PLEAS CIVIL DIVISION GMAC MORTGAGE CORPORATION 401 WEST 24TH STREET NATIONAL CITY, CA. 91950-6696 TERM v. NO. 01 - /;J, 7/ CIU~l ~~ Plaintiff CUMBERLAND COUNTY KELLY R. FINNEY 42 DOGWOOD LANE DILLSBURG, PA. 17019 Defendant( s) CTVTT, ACTTON - T,AW COMPT ,A TNT TN MORTGAGF FORFCT ,OSTmF NOTTCIi: "TillS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT N'lD SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Yon 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. IT YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 Loan #: 450766621 ..- .. l~ ,',,~ ~,. ~ ..<'ill . 1. Plaintiff is GMAC MORTGAGE CORPORATION 401 WEST 24TH STREET NATIONAL CITY, CA. 91950-6696 2. The name(s) and last known addressees) of the Defendant(s) are: KELLY R. FINNEY 42 DOGWOOD LANE DILLSBURG, P A. 17019 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3, On 6/30/97 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. 1391, Page 1100. 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 7/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. I - L 6. The following amounts are due on the mortgage: Principal Balance Interest 6/1/00 through 2/1/01 (Per Diem $18.62) Attorney's Fees Cumulative Late Charges 6/30/97 to 2/1/01 Cost of Suit and Title Search Subtotal Escrow Credit Deficit Subtotal TOTAL $84,947.38 4,580.52 4,000.00 263.71 .i5llJlQ $94,341.61 0.00 3il2Jll $ 107 07 $94,643.68 7, The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. ' 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. WHEREFORE, PLAINTIFF demands an in = Judgment against the Defendant(s) in the sum of $94,643.68, together with interest from 2/1/01 at the rate of$18.62 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FRANK FEDERMA , ESQUIRE Attorney for Plaintiff . . ' ,,~ ;; .,:; . f . " ~ '" .~. "~~ ^.;;:;,;: ALL THAT CERTAJ:N ~O1:. O~ piece Cumber~and Coun~y, Pennsylvan~a, Wit1 of land sicuace in Hampoen Township, bounded and describGd as follows, t.o aEGINNiNC ae a point in the center of a public road, which poine is six hundred eighc. (608) feet:., more or ~ess. East from che western side of the br~dge a1:. Sierer's Run and which poine is marked by a pin; Thenee northwardly along lands formerly of William H. Morgan, et UX. now or 1ate of John E. Cline, two hundred ten and !1ve- tenths (210.5) feet to Wh~te Pine at privace road; Thence eastwardly along said private road one hundred nine and two-cenchs (109.2) feet to an iron post; Thence southwardly along lands now or formerly of Mrs. Harry Essick and now or .formerly of Robert: Weaver one hundred ni.nety-six 0,96.0) feet to a poine in the center of said pubJ..ic road.: Thence wBstward1y along ~he center of said public road one hundred forty-three (143.0) feeC to the p~ace of BEGINNINC. S~rNG the same premises Wh1Ch Pamela E. Juhasz, a single person~ by her deed dated June 30, 1997, and recorded in the office of the Recorder of Deeds in and for Cumberland County, pennsylvania, in Deed Eoo~ 160, Page 715, granted and conveyed unto Darryl K. Finney and Kelly R. Finney. husband and wife, grantors herein. UNDeR AND SUBJECT, nevertheless. to easements, restriccions, reservations, conditions and right.s of way of record or visible upon. inspection of premises. Toge ther with all and singular the buildings improvements, ways, street$~ alleys, driveways. passages, waters, water-courses. rights, 1 i.bEtrt iea, pri vi leges ~ hered;i. caments and appurtenances, what.soever unto t:he hereby granted premises belongins, or in anyway apperta.ining, and the reversi.ons and remaind.Q~s, rents, issues, and profics thereof; and all t.he estate, right~ citle, incerest. property, claim and demand whatsoever of the said Grantors, as well ae law as in equity, of, in and co the same. To have and to hold the said lot or piece of ground described hereditaments and premises hereby granted, or mencioned and ine.ended so to be, wich the appurtenances, unco the sa~d Grant:;ee, her heirs and assigns, eo and for the only proper use and behoof of the said Grantee, thei.r heirs and assigns, forever. ~3r.lci the Grantor, Darryl K. ~inney, by the cOnveyance. waives all his right, t.itle and i.nt.erest:. in and t.o t.he premises herein described whether legal or equit:able. ineluding, but not limiced to all rights and claims arising out. of the parties' marical relationship pursuant to che terms of the Marit.al Agreement dated becween Kel~y R. Fi.nney and Darryl K. Finney to be Eiled of record in Kelly R. Finney'S Cumberland County Di.vorce ace ion docketed co number 99-728~. PREMISES ON: 4440 sEARs REIN DRIVE ~, .~ , "'- ~ o ..~~ 1~lMji!lliiIILlilil!!H<' VERIFICATION SHIRLEY], EADS hereby states that she is FORECLOSURE SPECIALIST ofGMAC MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage F orec1osure 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: c21C2 f/()! , . ~ ~ ~U~j(tfu;kJ".~i~-{qf-elii~~",~',0"'''''':t:l''l';;i9"~..h!'';''''''''9"c,;,4-l<''!i..\Ii-.ill:li-_~~U9~~~' \_, -" ! . 10 (::) ~ I ~ ft ~ "6Q. ~ ~ '--." ..... "- ~ g ~ .',.,., 8 I (;\ ~ " nl .<J :t ().- L ~ I 1 ;?: I -0 en c j ~ -<:..,.- ~..-'~ , " t j;:," -". --7' L-,'--- -:';:"'-' ....-"c:: z .",', --] -<, <::0 ~ , '~.,~C~" ~,. ~ ". ',~,^", ""^"'~ u. ~,__,__, ,__~L., ,,<,,,,", h ,1__ ~ --. .~ >>,." .m ] FEDERMAN AND PHELAN, L.L.P, By: Daniel G, Schmieg, Esquire Attorney I,D. No, 62205 Snite 1400, One Penn Center at Suburban Station 1617 JohnF. Kennedy Blvd, Philadelphia, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION 401 WEST 24TH STREET NATIONAL CITY, CA 91950-6696 VS. Plaintiff KELLY R. FINNEY 42 DOGWOOD LANE DlLLSBURG, PA 17019 Defendants AND NOW, this Stt. d' , ATTORNEY FORPLAINTWF CIVIL DIVISION CUMBERLAND COUNTY COURT OF COMMON PLEAS NO,: 01-1271 ORDER day of -----::v~L~..(.CI ,2002, upon Consideration of Plaintiffs Motion to Amend Action for Release of Mortgagor as Party Defendant, Nunc Pro Tunc, it is hereby: "~', .. <"-=""W..,>!Ih;"< DEe 0 5 2002 ~ ORDERED AND DECREED that Darryl K. Finney is released as a defendant in this action nunc pro tunc. . L~~ -fYIR}? I " ~b -0 ~ . J. ~~ifj>l'ii~W~1i!I!lJl&ilWlliI:l1~"l'i.\i;;A~,i1" !"i/d;l;I,;t\1i;,"',~_m;if,r.t~~j1f'_ILi.Ii'llliti"">"" ~-~"'>~r \fIN\fA1A8NN3d ! Hdn'......r-, (1), >\ '"1' ,.;,...,. /\J.j \: U;j ',i;\":" ';'.-!:i;::~~n:J 'lS:6('!\7 Q-')"U'7.0 '\:1 ,J ......J ", ;{~, .~,'.,) ,",." ,N~' '~'.' -,.."y,~, _.J",. , ~J.t:l ~.. c.,"; .~. - Ilm"~ "' = ; ",~c., ".^. "': I, ~ 1 II I,:: !'[ , ~ i';! i ~ I':: i : ~ r iJ1 111 ::i Ii 1,' iJ I rl " ,~ '.^' ,,,"'''"'''''''' ~' ,.,.,~, " ~ '","",;i.'.>t<,",'c,c,,,?:.,',,,,,-{',.: FEDERMAN AND PHELAN, LLP. By: Daniel G. Schmieg, Esquire Attorney LD, No. 62205 Snite 1400, One Peln1 Center at Suburban Station 1617 John F, Keln1edy Blvd. Philadelphia,PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAlNTITF GMAC MORTGAGE CORPORATION 401 WEST 24TH STREET NATIONAL CITY, CA 91950-6696 CIVIL DIVISION CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS Plaintiff KELLY R. FINNEY 42 DOGWOOD LANE DILLSBURG, PA 17019 NO,: 01-1271 Defendants MOTION FOR RELEASE OF PARTY DEFENDANT AND NOW comes Plaintiff, GMAC Mortgage Corp., by and through its attorney, Federman and Phelan, L.L.P. and Daniel G. Schmieg, Esquire, and avers as follows: 1. On June 30, 1997, Darryl K. Finney and Kelly R. Finney made, execute and delivered a Mortgage upon premises located at 42 Dogwood Lane, Dillsbury, Pennsylvania 17019 (hereinafter the mortgage premises) to Plaintiff which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County at Book 1391, Page 1100. 2. Said mortgagors were subsequently divorced and the property conveyed to Defendant, Kelly R. Finney by deed dated July 5, 2000 and recorded July 28, 2000 in Deed Book 225, Page 1122. 3. Thereafter the mortgage became delinquent and, as a result of said default, Plaintiff initiated Mortgage foreclosure proceedings on or about March 6, 200 I. Attached hereto, made a part hereof, and marked as Exhibit "A", is a true and correct copy ofthe Complaint. "<'<'-=--~. ~,- . .......... - - _ "0' ~.!l~""",",~,. *'_",~1I<.i<."o 4. In accordance with Pa, R.C,P, Rule 1144, Plaihtiffnamed Kelly R. Finney as a Defendant in the foreclosure, but failed to release Daryl K. Finney from liability for the mortgage. 5. Plaintiff s oversight in failing to formally release Darryl Finney in strict conformity with Pa.R.C;P. Rule 1144 has clouded title and prevents Plaintiff from conveying said property. 6. Defendant, Kelly R. Finney, will not be injured by granting the relief requested as Defendant is no longer liable for the underlying debt due to the foreclosure and Mortgagor Darryl K. Finney will not be injured as he is being released from liability. WHEREFORE, Plaintiff respectfully requests this Honorable Court to release Mortgagor Darryl K. Finney. Respectfully submitted, Federman and Phelan, L.L.P. By: -.j1il~,"~' FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 CNE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103.1814 C'1 'i) 'i1\1.7000 A HORNEY FOR PLAINTIFF ,>, C~ '-l~ : U". COURT OF COMMON PH:AS CIVIL DIVISION > GMAC MORTGAGE CORPORATION 401 WEST 24TH STREET NATIONAL CITY, CA. 91950-6696 =~ i:: Plaintiff TERM NO. D/- /;l..7{ C,c.;>~L ~ CUMBERLAND COUNTY v. KELLY R. FINNEY 42 DOGWOOD LANE DlLLSBURG, PA. 17019 NOTTrF ~ '4f ()~ IA~~1- ~<p~;';"'1' ~~~~'*- ~:<-'<3'::':';' Go,-. '''}'' , -. F-"" \"'2 '.<; ~'.,," ;-....-/ ..' "'V r 'f/ Defendant(s) rTVTT. ArTTON - TAW rOMPT.ATNT TN MORT(;A(;F FORFrT OSFRF "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONL Y 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 LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, We Mreby cenny the within to be a true and corr~ct copy 0: ~~~ord origlOal fileNd ~"'~' p''l;:V...N FEDERMAn"'''' '-.' CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIA TIO", 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3 166 " :.J~ .",<{., ,\ ~'{'~'1'\ 'Sf.<:J <_ <:.\ ~\ _..~~ <<.~v ~~. A.~~~ ~0'V.' ~<:){:..'\:)~ ~~ ~ ~~ Loan #: -1-50766621 ~ ~, ~ ~ _..~""" ..-< "--,," ~ ~'".,~~"'~'" . FEDERMAN AND PHELAN, LLP By: FAANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 ~71 'i) 'i1i1_7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION GMAC MORTGAGE CORPORATION 401 WEST 24TH STREET NATIONAL CITY, CA. 91950-6696 TERM Plaintiff v. NO, CUMBERLAND COUNTY KELLY R. FINNEY 42 DOGWOOD LANE DILLSBURG, PA. 17019 Defendant( s) crVTT, ArnON - T AW rOMPT ,A TNT TN MORTC-AC-F FORFrT .OSTTRF NOTTrF "THTS 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. We hereby certify the within to be a true and correct copy of the original filed of record FEDERMAN AND PHELAN CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 450766621 , ~, "~~, , 1. Plaintiff is GMAC MORTGAGE CORPORATION 401 WEST 24TH STREET NATIONAL CITY, CA. 91950-6696 2. The name(s) and last known addressees) ofthe Defendant(s) are: KELLY R. FINNEY 42 DOGWOOD LANE DILLSBURG, PA. 17019 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described, 3. On 6/30/97 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. 1391, Page 1100. 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 7/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith, - .< '~ii"1~~'., 6. The following amounts are due on the mortgage: Principal Balance Interest 6/1/00 through 2/1/01 (Per Diem $18.62) Attorney's Fees Cumulative Late Charges 6/30/97 to 2/ I/O 1 Cost of Suit and Title Search Subtotal $84,947.38 4,580.52 4,000,00 263.71 .li!lJ1D. $94,341.61 Escrow Credit Deficit Subtotal 0.00 3fl2Jl1 ~ 107 07 TOTAL $94,643,68 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. WHEREFORE, PLAINTIFF demands an in = Judgment against the Defendant(s) in the sum of $94,643.68, together with interest from 2/1/01 at the rate of$18.62 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. /,,/ Fr~nk Fp.np.nn:m FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ., '~' '~, j" ,. ~', ll!'lk~],- ALL THAT CERTAJ:N ~oc. O~ piece of land sicuat.e in Hampoen Towns l1.l. ? ' Cumb<l!!r~a.nd Count.y, Pennsylvania, bounded and descr--1.bed as follow.:::>. 1:0 wit.: a~GINN7NC at. a poine in the center of a public road, which peine Ls six h~ndred eighc (60S) f<l!!et.. mOre or less, East from che western side of the bridge at Sierer's Run and which poi~t. is marked by a pin; Thence northwardly along lands formerly o~ William H. Morgan. eC ux. now or late of Jo~~ E. Cline. c.~o hundred ten and !~ve- tenths (210.5) feet to White Pine at privace road; Thenc:e. easl:.wardly along said p=ivate road or.e hund:ed nin~ and two-tenths (109.2) Leet to an iro~ post; Thence southwardly along lands now O~ Lormerly of Mrs. Harry Essick and now or formerly of Robert Weaver one hund::r:ed nineey-six (~96. 0) reet: 1:0 a poine in ehe center of said pub1.i.c road.; Thence wes1:wardly along the hundred forty-three (143.0) cent.er of sai.d public road one feet; co t.he place of BEGINNINC. aE~NG the same premises which Pamela E. Juhasz, a sinsle person. by her deed dat.ed June 30. 1997. and recorded in the office or ehe Reccrde~ of beeds in and for cumb<l!!rland CountYI pennsylvania. in Oeed Beok 150. Page 715, 9ran~ed and conveyed unto Oarryl K. Finney and Kelly R. Finney. husband and wife. grancors herein. UNDER AND SUSJECT. never:heless. :c:eservac.ions, condi.t.ions and rights of inspection o! premises. to way easement.s. of record rest.rict.::.ons. or visible L1[?on Toge the r with all and singular the bUl.ldings improvement.s. ~ays, screecs, alleys. driveways. passages, waters, ~at.er-courses. '>:'ights, 1 ibert.ies, privileges, heredi taments and appur::enance~, \r,Ihatsoever unto che hereby granted premises belonging, or in ar:y.....ay appert:a.ining. and t.he reversi.ons and remainders. rencs, issues, and prof1~s thereof; and all t.he eseace, right. ciele. incerest, p=opercy, ~laim and demand what.soever or t.he said Grantors. as well at. law as in equity, of. in and co the same. To have and to hold the said lot or piece c:.f ground described heredi I:.aments and premises hereby granted, or rnenc.ioned and ineended so eo be, wi1:.h the ai?Pt.:.rcenances. unt;.o the sdl.d ~rant.ee, her he.irs and assigns, co and for t~").e only proper use and behoof of the said Grant.ee, t.heir hei:::"s and assigns, forever. And t.he Grant:.or. Darryl K. FinneYI by Che conveyance, waives all hJ.s right:, t.i.tle C\nd inl:.erest:. in and to t:he premises herein desc:-ibec. whecher legal or equit.able. Lncluding, bu~ not limiced eo all righcs and ~laims arising oue of the parcies' marital rela~~onship pu:su~nt. to che terms of che Marital Agreement daced ~ecween KellY R. F~nney and Darryl K. Fi~ney to be f~led of record in Ke:ly R. ~inney's Cumberland County Divorce action dccJ.-.eced t.o number 99-728:'. PREMISES ON: 4440 sEARs RUN DRIVE ., , lW~t-;f VERIFICATION SHIRLEY 1. EADS hereby states that she is FORECLOSURE SPECIALIST of Gl\;L\C MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verificarion. and that the statements made in the foregoing Civil .\crion in :-.-lortgage Foreclosure are true and correct to the best of her knowledge. informarion and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. See, 4904 relarmg (Q unsworn falsification to authorities. /',; :' /[-Z~~ DATE: c11C) flG/ , , . ~,"'-" , , '''.j,~. "' .. ~j!%-, FEDERMAN AND PHELAN, L.L.P. By: Daniel G, Schmieg, Esquire Attorney LD. No, 62205 Suite 1400, One Penn Center at Suburban Station 1617 John F, Kennedy Blvd. Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION 401 WEST 24TH STREET NATIONAL CITY, CA 91950-6696 VS. CIVIL DMSION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff KELLY R. FINNEY 42 DOGWOOD LANE DILLSBURG, PA 17019 NO,: 01-1271 Defendants CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a true and correct copy of the foregoing Plaintiffs Motion to Amend Action for Release of Party Defendant, Nunc Pro Tunc was sent by first class mail postage prepaid to the following interested parties. Kelly R. Finney 44 Palmer Drive Camp Hill, PA 17011 Darryl K. Finney 506 N. Front Street W ormleysburg, P A 17043 Dated: /// ~t-L- By: ------ Respect Federm Danie e ~ ~ '-I/;<j~;; FEDERMAN AND PHELAN, L.L.P, By: Daniel G. Schmieg, Esquire Attorney LD, No, 62205 Suite 1400, One Penn Center at Suburban Station 1617 John F, Kennedy Blvd, Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION 401 WEST 24rH STREET NATIONAL CITY, CA 91950-6696 CIVIL DIVISION CUMBERLAND COUNTY VS, COURT OF COMMON PLEAS Plaintiff KELLY R. FINNEY 42 DOGWOOD LANE DILLSBURG, PA 17019 NO.: 01-1271 Defendants VERIFICATION I, Daniel G. Schmieg, Esquire, state that I am the attorney for Plaintiff s herein, and that as such I am authorized to make this verification on its behalf. The statements made in the foregoing to Amend Action for Release of Party Defendant, Nunc Pro Tunc are true and correct to the best of my knowledge, information and belief. I understand that the statements made in the foregoing are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Respectfully submitted, Federman and Phelan, L.L.P. By: Daniel G. ~~~~~~~d4\iJ.;!W1~,'{f",,,,,,,,i'-i.ir},ii~),illJ)fr;;k~;'!~;~~- - "~ ~.H,' . ~ '-'..~ .'1 ~"-' rdlDIi!ii$j;~i:_'""'~lII--~~.~"'= 2 0 0 r---..,' ,on <::: 0 ,-1 -off) P"t :.1: men n , " Z::u , Z[' I ~-J~ u:;..r~ w -<. .s_ ~C; ~. 'T, >' '..~ ?~\5 zO ...;,."'" -0 't? (3fTl Pc Z -., 1> =< ~ -< ~ - " , ~=