HomeMy WebLinkAbout01-1552 FX
0"
,",,",-
. ,~
'-.1-
M
FEDERMAN AND PHELAN, LLP.
by: Daniel G. Schmieg, Esquire
Atty. I.D. No. 62205
One Penn Center Plaza, Suite 1400
Philadelphia, PA 19102-1799
(215) 563-7000
ATTORNEY FOR PLAINTIFF
GMAC MORTGAGE CORPORATION
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
vs.
JACQUELINE A. BEST-MCKEE
NO. 01-1552 CIVIL
ORDER
AND NOW, this
day of
,2002, the
Prothonotary is ORDERED to reassess the damages in this case as follows:
Principal Balance
Interest Amount
2/1/01 through 12/4/02
Late Charges
Legal fees
Cost of Suit and Title
Sheriff's Sale Costs
Inspections/Other
Appraisal Fees
Escrow
Credit
Deficit
105,731.44
14,647.89
0.00
4,000.00
1,102.00
873 .47
17.00
0.00
TOTAL
0.00
3,175.15
$129,546.95
plus interest per diem from 12/4/02 through Date of Sale at six (6%) percent.
NOTE: THE ABOVE FIGURE IS NOT A PAY OFF - SHERIFF'S SALE COSTS
AND COMMISSION ARE NOT INCLUDED IN THE ABOVE FIGURES.
BY THE COURT:
J.
~\--
J'j
,~~~
.
"~-'. ~ ~ "~
""-
~' .
.~
"; ~-'=,~ - ~ ,,-,
"""'f,~_
FEDERMAN AND PHELAN, LLP
By: FRANK FEDERMAN, ESQUIRE
IDENTIFICATION NO. 12248
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHNF. KENNEDY BOULEVARD
SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
GMAC MORTGAGE CORPORATION
500 ENTERPRISE ROAD
SUITE 150
HORSHAM, P A 19044
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Plaintiff
TERM
NO.O/-/~~~QUlL~~
CUMBERLAND COUNTY
v.
JACQUELINE A. BEST -MCKEE
509 ELLEN ROAD
CAMPHlLL, PA 17011
Defendant( s)
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
NOTICE
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY
RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, TillS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT
A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. **
You have been sued in Court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this Complaint and Notice are served,
by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to
do so the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE,PA 17013
(717) 249-3166
Loan #: 008762619
~~
.
" c".
~..J ,
L Plaintiff is
GMAC MORTGAGE CORPORATION
500 ENTERPRlSE ROAD
SUITE 150
HORSHAM, PA 19044
2. The name(s) and last known address (es) ofthe Defendant(s) are:
JACQUELINE A. BEST-MCKEE
509 ELLEN ROAD
CAMP HILL, PA 17011
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
3. On 10/22/93 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to AMERlCAN RESIDENTIAL MORTGAGE CORPORATION
which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in
Mortgage Book No. 1174, Page 46. By Assignment of Mortgage recorded 4/25/00 the
mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of
Mortgage Book No. 643, Page 20.
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 11/1/00 and each month thereafter are due and unpaid, and by the terms of
said mortgage, upon failure of mortgagor to make such payments after a date specified by
written notice sent to Mortgagor, the entire principal balance and all interest due thereon
are collectible forthwith. A copy of such notice is attached as Exhibit "A."
~~
""'~;.'"
--"=
~ , --
j , _.. O'~
~ '-""'~"'w..,,,,,,
6. The following amounts are due on the mortgage:
Principal Balance
Interest
10/1/00 through 3/1/01
(Per Diem $21.85)
Attorney's Fees
Cumulative Late Charges
10/22/93 to 3/1/01
Cost of Suit and Title Search
Subtotal
$106,320.49
3,321.20
4,000.00
0.00
550.00
$114,191.69
Escrow
Credit
Deficit
Subtotal
6.03
0.00
($ 6.03)
TOTAL
$114,185.66
7. The attorney's fees set forth above are in conformity with the Mortgage documents and
Pennsylvania Law, and will be collected in the event of a third party purchaser at
Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees
will be charged.
8. This action does not come under Act 6 of 1974 because the original mortgage amount
exceeds $50,000.00.
9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as
required by 35 P.S. ~ 1680.403c on the date(s) set forth in the true and correct copy of
such notice(s) attached hereto as Exhibit "A." ,
10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance
Program, Act 91 of 1983, has terminated because either:
(i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit
Counseling Agency in accordance with Plaintiffs written Notice to Defendants,
a true and correct copy of which is attached hereto as Exhibit "A"; or
(ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania
Housing Finance Agency.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of
$114,185.66, together with interest from 3/1/01 at the rate of$21.85 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.
:!h
/s/ Frank Federman
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
"
,-,
v. ~ ",-,;. ^
..",c . -;""""'Iod~~",,>."':'-
GMAC Mor1llage Corporation
P.O. Box 85071
'San Diego, CA 92186-5071
3451 Hammond Ave
P.O. Box 780
Waterloo, IA 50704.0780
Servicing
GMAC. ,.
--',. -,' >,..- - ' "
,~'. '
'. .
Mortgage
Dare: January 19, 2001
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the mort2a~e on your home is in default. and the lender intends to foreclose.
Specific information about the nature ofthe default is provided in the attached pa2es.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) maY be able to help to save your
home. This Notice explains how the pr02ram works.
To see ifHEMAP can help. YOU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY
WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with yOU when YOU meet with the
Counselin2 A2encv.
The name. address and phone number of Consumer Credit Counselin2 A~encies servin2 your County are
listed at the end of tbis Notice. If you have any Questions. YOU may can the Pennsylvania Housin~ Finance
A2encv tonrree at 1.800.342.2397. (Persons with impaired hearin2 can call (717) 780.18 9).
This Notice contains important legal information. If you have any questions, representatives at the Consumer
Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your
area. The local bar association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECT A SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE EST A
NOTIFICACION OIHENGA UNA TRADUCCION IMMEDIATAMENTE UAMANDO ESTA AGENCIA
(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO
ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA I,LAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE
SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
JACQUELINE A. BEST-MCKEE
509 ELLEN RD
CAMP HILL, PA 17011
LOAN ACCT. NO.:
ORIGINAL I,ENDER:
CURRENT LENDERlSERVICER:
008762619
N/A
GMAC Mortgage Corporation
EXHIBIT A
~
~..~ -
~,
""" '-~
-,c',"
~,,"-c0.:.
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCiAl, ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE" ACT"), YOU MAY BE EUGIBLE FOR EMERGENCY MORTGAGE
ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES
YOUR CONTROL,
IF YOU HAVE A REASONABLE PROSPECT OF BEING ABI,E TO PAY YOUR
MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER EUGlBILlTY REQUIREMENTS ESTABUSHED BY
THE PENNSYLVANIA HOUSING FINANCE AGENCY. .
TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a tempoIaIy stay offoreclosure
on your mortgage for thirty (30) days from the date of this Notice. During that time you must mange and attend a
"face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS
MEETING MUST OCCUR WITIDN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY
MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. TIlE PART OF TIllS
NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR
MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit cOlmseling
agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date
of this meeting.The names. addresses and telenhone mlmbers of designated consumer credit counseling agencies for
the cOlmtv in which the nronerty is located are set forth at the end ofthis Notice. It is only necessary to schedule one
face-to-face meeting. Advise your lender immediatelv of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later
in this Notice (see following pages for specific infonnation about the nature of your default.) If you have tried and
are unable to resolve this problem with the lender, you have the right to apply for financial assistance wm the
Homeowners Emergency Mortgage Assistance Program. To do so, you must fill out, sign and me a completed
Homeowners Emergency Assistance Program Application with one of the designated consumer credit cOlmseling
agencies listed at the end of this Notice. Only consumer credit cOlmseling agencies have applications for the
program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency.
Your application MUST be filed or postmarked within thirty (30) days of you face-to-face meeting.
YOU MUST FlU YOUR APPLICATION PROMPTLY. IF YOU FAll, TO DO SO OR IF YOU DO NOT
FOU,OW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY
PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE
ASSISTANCE WILL BE DENIED.
AGENCY ACTION -- Available fimds for emergency mortgage assistance are vel)' limited. They will be disbursed
by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has
sixty (60) days to make a decision after it receives your a~plication. JArring that time, no forecloSl,!" pro~eedmgs
will be pursued against you if you have met the time reqmrements set forth above. You will be notJfied directly by
the Pennsylvania Housing Finance Agency of its decision on your application.
E)(HiB\T A
i~
-
"~.:......
~ .
I, <~ ' "L,"J:d~~c-;':
NOTE: IF YOU ARE CWtRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,
THE FOLl,OWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND
SHOULD NQT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have med bankruptcy you can stilI apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Briu it UP to date).
NATURE OF THE DEFAUl~T -- The MORTGAGE debt held by the above lender is on your property located at:
509 Ellen Rd Camp Hill, PA 17011 IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due: November 1, 2000 through January 1,
2001. See attached Exhibit for payment breakdown.
Monthly Payments
Late Charges
NSF
Inspections
Other
Suspense
3,096.12
0.00
0.00
0.00
224.16
0.00
TOTAL AMOUNT PAST DUE:
3,320.28
B. YOU HAVE FAILED TO TAKE TIlE FOLLOWING ACTION (Do not use if not aoolicable):
HOW TO CURE THE DEFAULT .- You may cure the default within THIRTY (30) DAYS of the date of this
notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS
$ 3, 320 . 28 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME
DUE DURING TIlE THIRTY (30) DAY PERIOD. Pavments must be made either bv cash. cashiel's check.
certified check ormonev order made oavable and sent to:
Payment Processing
GMAC Mortgage Corporation
PO Box 780
Waterloo, IA 50704-0780
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter:
(Do not use if not apJ'licable.) N t A l' b1
o PP lea e
IF YOU DO NOT CURE THE DEFAUl,T -- If you do not cure the default within TIlIRTY (30) DAYS ofthe date
of this Notice, the lender intends to exercise its ril!hts to accelerate the mortl!ace debt. This means that the entire
outstanding balance oflhisdebt will be considered due inunediately and you may ose the chance to pay the
mortgage in monthly installments. Iffull payment of the total amount past due is not made within THIRTY (30)
DAYS, the lender also intends to instmct its attorneys to start legal action to foredose upon vour mortl!ued
propertv .
IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to payoff
the mortgage debt. Ifthe lender refers your case to its attorneys, but you cure the delinquency before the lender
begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were
actually incurred, up to $50.00. However, iflegal proceedings are started against against you, you will have to pay all
reasonable allorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be
added to the amOlmt you owe the lender, which may also include other reasonable costs.
Ifvou cure the deCault within the THIRTY (30) DAYS period. vou will not be required to pav attorney's Cees.
EXHiBIT A
-,--~
~ ~'
""""~'&>
OTHER I,ENDER REMEDIES n The lender may also sue you personally for the unpaid principal balance and all
other SlunS due ,mder the mortgage. .
RIGHT TO CURE THE DEF AUl,T PRIOR TO SHERIFF'S SAI,E -- If you have not cured the default within
the THIRTY (30) DAY period and foreclosure proceedings have beglm, vou still have the ril!htto cure the default
and Drevent the sale at any time UD to one hour before the Sheriff's Sale. You mav do so bv Daving the total amount
then nast due. Dlus anv late or other charges then due. reasonable attornev's fees and costs connected with the
foreclo~ sale and anv other costs connected with the Sheriff's Sale as soecified in writing bv the lender and by
Derfonnmg anv other reauirements under the mortga~e. Curing your default in the manner set forth in this
notiee will restore your mortgage to the same pOSItion as if you had never defaulted.
EARI,lEST POSSIBI,E SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sherifi's Sale
ofthe mortgaged property could be held would be approximately six (6) months from the date of this Notiee. A
notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the arnOlmt needed to
cure the defaldt will increase the longer you wait. You may fmd out at any time exactly what the required payment
or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender:
Address:
GMAC Mortgage Corporation
401 Mile of Cars Way
National City, CA 91950
Phone Number:
Fax Number:
Contact Person:
(800) 850-4622
(619) 470-5579
Collection Department
EFFECT OF SHERIFF'S SAI,E n You should realize that a Sheriff's Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a
lawsuit to remove you and your firmishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE -. You mayor may not sell or transfer your home to a buyer or transferee who
will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are
paid prior to or at the sale and that the other requirements of the mortgage are satisfied.
YOU MAY AI,SO HA VETHE RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO
CURE YOUR DEF AULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR
ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS,
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE
LENDER.
TO SEEK PROTECTION UNDER TIlE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSEUNG AGENCIES SERVING YOUR COUNTY IS ENCLOSED
EXHIB1T A
"
EXHIBIT
November 1, 2000
December I, 2000
January 1, 2001
@
@
@
1,024.16
1,035.98
1,035.98
EXHIBIT A
".
~ ,~. _;',s .',r"(Y...-rIil1&~
N
" ,
"" ~~ "h"
f'lilt1lir.r::,j:
PENNSYLVANIA HOUSING FINAl'!CE AGENCY
HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM:
CONSUMER CREDIT COUNSELING AGENCIES
(REV. 8/00)
CLINTON COUNTY
Lycoming-C1inton Counties Commision for
Community Action (STEP)
2138 Lincoln Street P,O. Box 1328
WiIliamspon, P A 17703
(570) 326-0587 FAX (570) 322-2197
CCCS of Northeastern P A
1631 South Atherton St, Suite 100
Slate College, PA 16801
(814) 238-3668 FAX (814) 238-3669
CCCS ofNonheastern P A
201 Basin Street
Williamspon, P A 17703
(570) 323-6627 FAX (570)323-6626
31 W. Market Street
POB 1127
Wilkes-Barre, P A 18702
(570) 821-0837 or (800) 922-9537
FAX (570) 821-1785
COLUMBIA COUNTY
1400 Abington Executive Park
Suite 1
Clarks Summit, P A 18411
(570) 587-9163 or (800) 922-9537
Fi\-'( (570) 587-9134-9135
Commission on Economics Opportunity ofLuzerne County
163 Amber Lane
Wilkes-Barre, PA 18702
(570) 826-0510 or (800) 822-0359
FAX (570) 829-1 665-(Call Before Faxing)
(570) 455-4994 Hazeltown
FAX (570) 455-5631-{Call Before Faxing)
(570) 836-4090 Tunkhannock
CRAWFORD COUNTY
Booker T. Washington Center
1720 Holland Center
Erie, P A 16503
(814) 453-5744 FAX (814) 5749
Greater Erie Community Action Committee
18 West 9th Street
Erie, PA 16501
(814) 459-4581 FAX (814) 456-0161
John F. Kennedy Center, Inc.
2021 East201b. Street
Erie, PA 16510
(814) 898-0400
FAX (814) 898-1243
Shenango Valley Urban League, Inc.
601 Indiana Avenue
Farrell, PA 16121
(412)981-5310
CUMBERLAND COUNTY
cces of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Financial Counseling Services of Franklin
31 West 3M Street
Waynesboro, PA 17268
(717) 762-3285
Urban League of Metropolitan Harrisburg
N.6"Street
Harrisburg, PA 17101
(717) 234-5925 FAX (717) 234-9459
YWCA of Carlisle
301 "G" Street
Carlisle, PA 17013 .
(717)243-3818 FAX (717) 731-9589
Community Action Conun of the Capital Region
1514 Derry Street
Harrisburg, P A 171 04
(717)232-9757 FAX (717) 234-2227
Adams County Housing Authority
139-143 Carlisle St
Gettysburg, P A 17325
(717) 334-1518 FAX 334-8326
PENNSYLVANIA BULLETIN, VOL. 29, NO. 23, JUNE 5, 1999
EXHIBlTA
.<"
~~
..
,,-
i_~
-"~';j"_-l"'-'
".
ALL THl\'I" CERTAIN tract or parce~ o~ land and premises, situate, lyin9 ana
being in the Township of Hampden in Che County of Cumbe~land and Common~ea~th
of Penn$ylvania, moLe ~~ticularly desccibed as follows:
aEG~NNING at a point on the eastern line of Ellan Road which point is at
the Qividing line between Lot.s Nos. 144 and 145 on Plan. of Lots heceinaft.er
mentiOr'led: thll:!n.ce South eighty-six degrees four: minutes ~st: ($ 86~ 04' E) and
along the dividing line between Lots Nos. 144 and 145 on P1..an of Lots
he~ein~fter mentionacl~ a distance of One hundred five (105) fQQt to a point on
the rear lot line of Lot No. 135 on Plan of Lota hereinafeer mentioned; thence
Nor-th t.hree degrees fifty-six minutes East (N 03.56 t E) and along part of the
rear lot lines of Lots Nos. 135 and 134 on Plan of Lots hereioaf~er mentioned,
a distance of ninety (90) feet. to a point at the dividing ~ine betW'een Lots
Nos~ 145 and 146 on Plan of Lots hereinafter mentioned; thence ~orth
ei9hty-six degrees four minutes West eN 86.04' W) and a10n9 the dividing line
ootween I.ots Nos.. 145 and 146 on Plan of Lots hereinafter mentioned# a
distance of one hundred five (105) feel: to a pOint on the eastern line of
Ellen Road~ thence South three degrees fifty-six minutes West (5 O~56' W) and
along the eastern line of Ellen Road a distance of ninety (90) feet to a
point, the point and place of 6EGINNING.
B~ING Lot ~o~ 145 on Plan of Lots known as Pact of Count~ Club Pa~k which
Plan is recorded in the Office of the Recorder of D@~ds in and for Cumbe~land
County in ~lan Sook 21, Page 4Z.
HAVING THEREON erected a tWo story brick ana fraflltJ dwelling known as and
numbered 509 Ellen Road, Camp Hi11# PenoBylvania.
BEING THE SAME PREMISES which Henry E. ROuton and Gwendolyn H~ Routon, his
wi:fe; by deed dated Oct:obe-t::" 14, 1987 t and rll:!cot.-ded in the Cumberland County
RecordQ-c of Deeds Office in Deed Book Z-32. Page 828, granted and conveyeo
unto Edwa~u J. Vanblargan ano Nancy A. Vanblargan, gt::"anto~s h8~ein_
PREMlSES: 509 ELLEN ROAD
""'
. ,~
. .
,
-~ 'C
-~--
.'~ , c_
. ,'-"
".'
VERIFICA nON
SHIRLEY 1. EADS hereby states that she is FORECLOSL'RE SPECIALIST ofGMAC
MORTGAGE CORPORATION mortgage servicing agem for Plaintiff in this matter. that she is
authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage
Foreclosure are true and correct to the best of her knowledge, infonnation and belief. The undersigned
understands that this statement is made subject to the penalties of 13 Po. C.S. Sec. 4904 relating to unswom
falsification to authorities.
DATE:
.1~O\
!
~Jl!i'lIlIIII!lSii!I~jg;-'!Ii!i{~i~(tMm,-~>:li~,~,t4~-!;G1Mi!"~'~~::O"'<!0tJi",],""";;;;",,!,~t_,,u.t''-fn:4~~~~<lala~~i~$r..I'H"'1r h''''''''' ~"'''''''''''''_~-~ ~~- L <'<;j '~iF"" ~"'''''''''
f?
it
"- '-
() ~
$ ~
~
~_H.' ~
o
~
-P ~.
1-'. ...c
v 1 ~ \)
~. .
C)18 G
I ' I
iPitJ
I''-}
~
~
"."
0 0 ()
C (0
iJ$:: -rj
n19~ 3:
J::;.Jo
ZL'" ::.:::.) '~1
Zf": {:::;:
~~; <.0 -qCj
,
-,
:..,...
<f'3> C-' ...- 15~~
Z:C'
pC co
C
Z ;;:- ::;1
:< \0 ::n
-<
- '
...1-
SHERIFF'S RETURN - REGULAR
CASE NO: 2001-01552 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GMAC MORTGAGE CORPORATION
VS
BEST-MCKEE JACQUELINE A
JASON VIORAL
<:- '-"
~,~, ,,'.: ~- .
'~-- L ~-'~"W,:_
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
BEST MCKEE JACQUELINE A
the
, 2001
DEFENDANT
, at 0012:41 HOURS, on the 28th day of March
at 509 ELLEN ROAD
CAMP HILL, PA 17011
CHARLES SCHMIDT (STEPFATHER)
by handing to
a true and attested copy of COMPLAINT - MORT FORE
together with
NOTI CE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
8.06
.00
10.00
.00
36.06
Sworn and Subscribed to before
me
this lit!:-
day of
~ ~~ AD
" kon~~~p. I ~
I
So Answers:
~~~~~
R. Thomas Kline
03/29/2001
FEDERMAN & PHELAN
By:
~~~
eputy Sheriff
V'
.,,"'
< "".-
,
..
--'" '''-''c,_~~ '"
-, _1. ~ ,_
~""'":~""";
t
FEDERMAN AND PHELAN
By: FRANK FEDERMAN
Identification No. 12248
One Penn Center at Suburban Station
Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
Attorney for Plaintiff
GMAC MORTGAGE CORPORATION
500 ENTERPRISE ROAD SUITE 150
HORSHAM, PA 19044
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
Plaintiff
: CIVIL DIVISION
VS.
: NO. 01-1552 CIVIL
JACQUELINE A. BEST-MCKEE
509 ELLEN ROAD
CAMP HILL, P A 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 JACOUELINE A.
BEST-MCKEE, 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 3/1/01-5/3/01
$114,185.66
$1.398.40
TOTAL
$115,584.06
I hereby certify that (I) the addresses of the Plaintiff and Defendant( s) are as shown above,
and (2) notice has been given in accordance with Ru1e 237.1, copy attached.
~~
F FEDERMAN, ESQUIRE
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE:}v,,,'1 1, .2#),
~;; R.~
PRO PR
"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 Nor AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT
A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ,.
""
~~l'1]jtU!?,.h'~"l"';""OJ;j!<!hoililr;{t::m'd"i'ii"-"-';"";;",;,,,~,,!,\<,'--."::",,A,d!c',_lr- ,:,;,.""r,'c,i'oo"""-,;;,,, :,~_,,_"" ,w4tliM"'""'!"'tilfM~IllIJiI;~lL~~~~,",~."j,~1~'~" ~. ';""b~~~iil'
~~iIt~ii1ll\ilil1~~"l~
-,~
~
-
o
'~n
o
g
2:'.
-ofp
rr'l1-'
'7~'
'!q;c~~
~~:E-
~Cj
~(::
~c.
Pc.
-7
:2
-
!':i'
1.1\
<51
__1
~X---r1
:~~l'
...c--'n
'/; ~?,
::-:\
~
:;<.
~
'J'"
-~
I
.....l
::s
~~~
0 C)
C ()
-.>< -n
~tv ::J:
mr-p, "'" =;J
2' . .- . -:1,"27
~~..!..) ,
.c....J~-- ,
(j) )::-. '.:;8
~~.' -.;
:~ >;:6
)"
"';;;"C'" ~~
~d '-~
c ~
2:
=< '-11 j:;!
to ~
-
~ -
. ,.~ --.^..-
-
,~
,-~,-..... .
',' J""~~'~'li,"
(Rule of Civil Procedure No. 236 - Revised)
GMAC MORTGAGE CORPORATION
: CUMBERLAND COUNTY
Plaintiff
: Court of Common Pleas
vs.
: CIVIL DIVISION
JACQUELINE A. BEST-MCKEE
: NO. 01-1552 CIVIL
Defendant(s)
Notice is given that a Judgment in the above captioned matter has been entered against you on
MAY 7 ,200'.
By c;--r'- o. 'nt.La,. ,
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 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. ""
c'=',-.................
L.~
.
,,~~'~
?EDERMAN 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
CIVIL DIVISION
vs.
JAQUELINE A. BEST-MCKEE
CUMBERLAND COUNTY
NO. 01-1552 CIVIL
Defendant(s)
TO: JAQUELINE A. BEST-MCKEE
509 ELLEN ROAD
CAMP HILL,PA 17011
DATE OF NOTICE: APRIL 18. 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
;~9H"~'i~;ili~J:>!i~'&,~'t,,,,,,~,,,>~\~;,"'1,1'; {C~,"S.: t",!.~""'K.;,;~"'!,:?_{i";"*".;,,,'_''''11Xfufi_;;',',,,,,,;J>.-<; -;,),~, ;;,-H,"..','.:i".' <;'5~;~,~'i~flliillilltlilili&!l;!jl.&i!ilil~ih.il~~,",l!.K:i ""'-. ''''''''''~ ~,~- &-m ~ ~ ~"".... -............."'" 1Iro'W.:'
,.
0 0 0
c:: ~n
~ Z
~"~, ~.^-I
-oeJj ;-J.'t ~
~~{; -< i ~
zr" _2_--, ~:I~
S?~~ -' ""----'"
;;--",
r"', ~:-~~~j
<,-. -u " :ti
z---- ",
LlJ C)
-_...C~ i>? .c:-::......fl,
:r>c:: C)'
Z U1 s:;!
=< :n
10 -<
~ \
F r
~ !
:-D ~
c
c:. t
~~
~
~ .....
~ iN ~
\>.., w C'
~ " "-
~ ~
-
!l!il</.a!"""'k",;
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
Attorney for Plaintiff
: CUMBERLAND COUNTY
Plaintiff
: Court of Common Pleas
vs.
: CML DMSION
JACQUELINE A. BEST-MCKEE
: NO. 01-1552 CML
Defendant(s)
VERIFICATION OF NON-MILITARY SERVICE
FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the
Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the
following facts, to wit:
(a) that the defendant(s) is/are not in the Military or Naval Service of the United
States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act
of Congress of 1940, as amended
(b) that defendant JACQUELINE A. BEST-MCKEE is over 18 years of age and
resides at 509 ELLEN ROAD, CAMP HILL, P A 17011.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating
to unsworn falsification to authorities.
~
FRANK FEDERMAN
Attorney for Plaintiff
~~~M1lir;Mtf';;;ij,,,,,,,,;,~,.(.:'''-,,,,,i>M-; ;'i'I'b","l~i\d,-~'-lit'h"~"'i!l:if-9-"--,~-" ,o'ib-_~~_~b'", ''';'>-~'''""H''d''')M-~;!iIillil-~:;,_,.iI.;>~&!il$l>i'iJci_ilw.i.~"",~.l~
~
[lIfiRWfLl!
.UIIIl..UlW"
~ 'c___ <.,,*,< .,", _.-" ~,
-.~, . ,'.,,' ~~ -'.",,""-',--~
- ~.
- W"~-~~
-.~,. Co
fIIlIL
. 0 0 ()
C ,)
s:: -
~.,.
""OLD "'" ..
rnf'{; --< p-
z~T.' I ~." r;~
Zc;:: ....1 C
~L. (~~,~>
~Cj -" ,--- "
..;;C~ ';:B
Z: '-~ f;Y
~?:: 51"
:4
~ U1 ~
\,0 -<
cj
t
PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P.3180-3183
GMAC MORTGAGE CORPORATION
Plaintiff,
CUMBERLAND COUNTY
v.
No. 01-1552 C1VIL
JACQUELINE A. BEST-MCKEE
Defendant{s).
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
$115,584.06
Interest from 5/3/01 to 9/5/01
(per diem - $19.00)
$2,375.00and Costs
TOTAL
$117,959.06
~.L~
ONE PENN CENTER at SUBURBAN STATION
SUITE 1400
PHILADELPHIA, PA 19103
Attorney for Plaintiff
Note: Please attach description of property. No.
,Ai4\l!:~~i~d;;iJ.ili:.,!":d.!,,,iri,,-",~j>l1,ilk;-@,0',~,,,M-;~'""i\Ci:c~:!",,,,;i;'",:)o<"","~';:'-_.~;'j_:~;'.,,,.,_;o",",,-,,,_;"~_,";&J;@iL'fr~<~llill~~!H.\il1,-"i\HOj;",-,!l;4~~"!0''''
....&i.
.'<.M "ilJi:rjjj 'llllllf"'
~ 01>-
.~
,
r.,:$ f;l;1
o~ Z ~
Z 0
m> 0 ... U
-<... f;l;1 ... ::s
... ~ ;;J
f;l;1;... ~ ,
~m U ... .... oci
u ~'E' m .... <I)
ZZ f;l;1 = c:
OZ 0 ::s f;l;1 = ~ ~~~ <I)
~ , "-8 '"
Q ::s!5: ... '" . -<
r., = <I)
< m 0-'; '(;j -<Oi:l. ,J:l
::s ~ 0 f;l;1 - ~ ~ ~
O~ U ~ '" i:l. ~
0 ... ...
0 f;l;1 .; < Sl~ ... ...z'" s
0 uz ..s "'f;l;1=
N r.,;;J " ~ '"
~ ~~ >.. f;l;1...= ...
~ 00 ~ S ;;J...i:l. <I)
...U ... ~~ 0-f;l;1~ g.
E-< ~~ ~ ... ~'g ~ uC\ Q.,
~ -<=u <I)
0 f;l;16 ",I{) il
8; ::s 0- i:l. ~
~ ...
u u '"
f;l;1f;l;1 '"
~ ~ .;s <I)
~~ ..EJ
<I) "0
-
.~ -<
Z;;J i:l. ~
"'u
,'- ",."b_-,~,:,J~,'_\l;fl!M ~~.-lJJ"L ,r-;, <-,-I' 0' ,-', "_"._.-,__"-.r'YT"<,,,,,_~_k,';--' ~:__~__,_
" - ~-- ", ~, ~
.J
..
,
ALl- 'rHl\'I' CZRTAI~ tJ:"21C::' 0:' ~rc:el ot lane ane premises, .sicuace, lring ana
being in the Township of Hampden in the County of Cu~be~lanc Qnd-C~mn~nvealth
of Pennsylvania, moc~ pa~ciculdely cesc~iced as fcll~v~~
e~:::;I~"N=)JG at; a t;:O.int or.- ~he easee~n line of Ellen Reae ,-,t,i'.::1-: -?,=.:.n:: .l.S i!l:
the t:lividLng line b.ec......e'2!'\ t.ot..::. Nos. 1.44 al"':d 1.:5 en ?;.3:1. of c..ct.s r.e:;ei:-ta::-~~:;"
menc.ion~; the(".ce- South ei9l-.t:.y-six cl~'C'"~ec> .eou::, mir'lut.2's Ehst. (S ::6'* C4 r E) a.t~.c
alor:g the oividing line between Lots t\Joe. 144 anc 145 on Plan o~ Lot:.s
hec~i:"Iaf;:e= mer:tionrad.. a distance of or.e hundred .five (.105) f~Qt. co a ::;.o.lnt: on
ehe rea~ ~ot ~~ne oe Lec No. 135 on P2an oe ~ots he~einafee~ mencioned; thence
N'oc-ch t:.hr-ee ce<;:-e-e.9 f'.1f't:.y-.si.::c mi.nu:eas East. (N 03* S6 r~ E) and .!)~ong part:. of t:.he
~ea~ Lot ~i~es o~ LQ~s Nos. 135 and. 234 on Plan o~ ~O~5 he~Qinaf~e~ me~eioned.
a distance of nin.eey (90) 'leGe t.o a point at 'the divicing .lit"\e bet......een Loes
Woe. 145 ar.d 146 on Plan o.f Lct~ hecaina~:'e::' mentioned'; thence :WOe-eh
Q;.ghty-si;c d.egrees fou::, minut.es West eN 86" 04' W) ar:d a~ong the di l)'idi.ng lir:e
beC""Qen f..ot.$ .No.s~ 1.45 and 146 0<'1 P~an of Lat.s he::-einatt.e::::- men~ioned, a
cli.:stance 0: one hunc!::'eC. five (~O.5) fee!:. to a. :;:oint: er:. the ea.:s~~'::':'; l.ine of. ,.,.....
S:ler. ~oac; ~nence South ehree degree$ xif~y-~ix minutes We~t (5 O~56t ~) anc
alcng the eastern line of Ellen Road a cista.~ce" of ni.r;et.y {90} feet; to a
pcin~. the point and placQ of SEGINNING.
BE:I.}iG Lot. Ne. 145 on Plan. of t.ot's kno'-'n a.s- ?a::~ 0::: CCI.;.:1.t:.::y Cl.u.b i?al::'k which
Plan :'3 recorded in. the at::::icQ of t:.he Reco-cce':' c~ ~,De<acl.s in. anc t:-::lC C'..:mbecld.nc.
C~unty i~ Plan 8cck 2~, ~ase 4~.
HA\/I~ THE..::<::s::;,N e.::et.:teC a tt./'c St.01:"".1 bcicK an<=: fr:arr~ c-_'l;;'ll i:~g kr.o\-"n as anc
n~::"ed 509 Ellen Road, Calr? Hill. .Pe-nr..sy~vanJ.a.
SEI}~ THe s;:u.~E ?'REMISES '-'hich Henr"'./ e. Rout-or, a!'".c G'..:<:::ndclyr. H. Rc-~\:.on, c-..is
vit:e, by deed d.:2:::e--.J Oc:::obe:- l~. -198_7, ana re~O't..=ed in t.he Cumbecl~"d COl..mty
Recc::::-ce-::- ot Deeds OEfica in Peed Beck Z-32. P~g"!?' 82'<'3, g~ant.ed Dnd cor.veY12c
uno:o l!d.......at:"'~ J. Vanbla:;'g~n and Nancy ^. Vanbla.:'g.::t~. g::;a;;':c:;s he~ei..~..
PRIDlISES: 509 ELLEN ROAD
T A:X PARCEL # 10-20-1848-306
N Jac ueline B:St-McKeeby Deed from Edward J.
TITLE TO SAID PREMISES IS VESTE~ I. d~ed 10/22/93 recorded 10/29/93 in Record Book
Vanblargan and Nancy A. Vanblargan, his Wlfe, ,
P-36, page 772.
" ~:til;;i!<~~~">!I@:1'iI.J-Mfutf'1i~;Vr,I"gli"'''''-''21~."",,',,_,;~,'~~_~h'''""'''-''','''~I&'''-'&'i>>8'l'';':",&~,;~~!llli',4I!~.~''iIiW;~J_"!:h''<l:'lJj.
AI\!8iN:~~ili&1!M
~" ,......... "
, ~',
,
.
,
....... "be\.
GJ 0 ~ ~ - 0 0. Q
~ ~ 6'" vt c: "TO
tt ~ .~ ~ ...a h s:: '- :.~.
....... 0 ~ 0 ~ () 8 ""0 OJ C ;"!fU
b ffirrJ ;;:e
z--.
d r C 6' ..c , ~~!8
ze'
D (fj C~: co ~-;;t(s
....... , I I -(/
'- ~ I:! ~o """ ~~~ :B
"- ~ 1"- ~ ~o :Jr ~?',;~
~ ~ -0 '2
~ )' , Pc --l
~ , , , ~ 1;
~ , , ,
- en -<
-~ ~
, ~ ,
, -- "'
~
~'"' .,~,,'-
'~,~.""",,,,-" -,
.~,." " ~ ,-~"" ,., '. """,'
.' ,<, ,"-',""''C' - ,~,
, ,,--~ '
w.
~l!;j ,;,'
\'
~ !~
,,-"~
,
,.,
1.
- ,- ~'.., - "'~'-"--,-"" ';:.<
"~< il;00i':
GMAC MORTGAGE CORPORATION
CUMBERLAND COUNTY
Plaintiff,
v.
COURT OF COMMON PLEAS
JACQUELINE A. BEST-MCKEE
CIVIL DIVISION
Defendant(s).
NO. 01-1552 CIVIL
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 509 ELLEN ROADCAMP HILL, P A
17011
1. Name and address ofOwner(s) or reputed Owner(s):
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
JACQUELINE A. BEST- 509 ELLEN ROAD
MCKEE CAMP HILL, P A 17011
2. Name and address of Defendant(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
_,-.,. ~'~J;" -;1'
,_1_
. t
" , ~-
'-',.
'----'a.,4--'l<_-j
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.)
AMERICAN GENERAL
FINANCE, INC.
125 GATEWAY DR., SUITE 109
MECHANICSBURG, P A 17055
PENNSYLVANIA
HOUSING FINANCE
AGENCY
2101 NORTH FRONT STREET
HARRISBURG, PA 17105
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
509 ELLEN ROAD
CAMP HILL, P A 17011
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 tme 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.
Mav 23.2001
DATE
k~~
RANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
,.~~, 0, ._, '." Jl'l,~~..=""~ "... < _ ~
;:O;-~h",;;{('-'",--!.~~ljm~_~l'it!i~~",.,kM-1l'MMlfji~il!i;llNi""WIW,~~-
",_ ~~~ ".." 'P, _~L~~, < ,,__ _
-,","
,
.,-
~l<...
=.....~'~<--'...'..,~L ,~~
,'" I
, i
..Jill
~. "
o
c:
$:
'"Dcr,
mrC,
2:'
;;;>"2='
(jj ",
~~;
"C
Po
2:c'
'$c:!
2:
:<
<::>
C:
::z
,
CO
, '~n
'~iCJ
,.,,\, I
-:~--; (,;
,'~-r,
,':';21
~;"r-'t
Of'oJ
;::J
S
-<
:Cl.<.
::t:
9
m
~,
f1
--I
,
''''A
.............~ ,~~.~~
'"--<-,
~L
FEDERMAN and PHELAN
By: FRANK FEDERMAN
Identification No. 12248
Snite 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
JACQUELINE A. BEST-MCKEE
NO. 01-1552 CIVIL
Defendant(s).
CERTIFICATION
FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that the premises are not subject to the provisions of Act 91
because it is:
() an FHA mortgage
() non-owner occupied
() vacant
(x) Act 91 procedures have been fulfilled
This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
~~
Attorney for Plaintiff
~."Dlb.!ifuliW.t.l!\..Hn..f.;..>.!.......j..C.i..."d._.>:.:li.^..K.;.~...'J_~:Jo_~E; .~,>!"-,,,>, Jj.~:~~{^;-c..o:".i" .!, ';,'2'''x~.",,,~~'<@1.r>.l0\iW....~;t~I~!"'tlll<:mm,1lHi1iff!jiij'''.ill,,J!\.,,d\<'~_~;',Ei!~<~lr.t"~JI!1O:!~~i\ij -'1 '"''nl
".I!!iII 0
< ,g,'
2 0 0
-n
s::: <-
-oOJ ~~
~n, ~ ~~-
~:XI , ~-~;L~I
zc;;:
~L~ <:n ,,:\ c:;
!<CJ :z" ~t:~
~C ~ 8~~
)>0 s:?
"C:
Z "'"
=< 0'1 :5
-<
,- -~J",.J:.l J~.1." .~ ^ ~~Jl""_,^~",_"~,,,,,,__~,,~ w ",~< - '4
"".~O -'0/,"'""" ~, ',.,," .,',_ -" ;_~
,_o;.d ~""_, '
>,
,-
~
':
,:=~<II< ,~
-,--" ..
'" <
d~ ~,_.
'- '~,,",l!!Il~\"_":
I>
.
GMAC MORTGAGE CORPORATION
Plaintiff,
CUMBERLAND COUNTY
v.
No. 01-1552 CIVIL
JACQUELINE A. BEST-MCKEE
Defendant( s).
May 23,2001
TO: JACQUELINE A. BEST-MCKEE
509 ELLEN ROAD
CAMP HILL, PA 17011
"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 DEBTW AS NOT REAFFIRMED, THIS IS NOT ANDSHOULD NOT BE CONSTRUED
TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY."
Your house (real estate) at 509 ELLEN ROADCAMP HILL, PA 17011is scheduled to be sold
at the Sheriff's Sale on SEPTEMBER 5, 2001 at 10:00 a.m. in the Cumberland County Courthoose,
South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by GMAC
MORTGAGE CORPORATION (the mortgagee) against you. If the Sheriffs sale is postponed, the
property will be relisted for the 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 maybe 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.
'.'~~
....'
..~ -
~ w
" - 'u~_" '-"~~Bi!i\iJ.-;;:1
.
. You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5 . You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, P A 17013
(717) 249-3166
(800) 990-9108
."~~
.
ALL 'I'HNI" CE:~TAr~1 t::::-act ot" ,.....;l,t;"cel ot lane ar:c ....t"emise.... ,..... 1 ~
t"""""- I:'" -;;>. Bi....~Ja....~. _:J:.nq an.....
being in ehe To~ship of Hampden in the County of Cu~b~=l~~~ and C~mn~n~ealc~
of Pennsylvania, moc~ particu:a~ly d~sccibed as fc:l~ws:
eS(;t~~i:>lG a::. a ccint: or:. ,;he eas~e~n line ot E:l!.en ~cad ,",J.;i'::,~ ~~n::: ~.$ c::'
ehe dividing line ~be!!:''''''een Lot:.~ No.3. 144 ar.c: l':S en p:I;'.3.'"'l of t.cc:.s r:oa:-ll-.:..:1Qi.:'!::.==
menc.,ior'lee: t.h~r.::::~ Sou!:;:-. e.i9r.ey-s~x cegt'"eee; eaw:- minut.es ~s::' ($ eS"'C4' E) ai":c
.a.l.o(':g t~"e di\J':.ding lin~ bet'.'....e.en (..01:.3 NOS. 1.44 anc 145 on Pl.an of: t...:lt:.s
r.erei:)afce: mer.l:.ioned, a oist.ance of or.e hur.cr'oi'd tive (l05} fidQt. too a '::Ol.rlt cr.
tne rear lot linQ oe Lot. No. 135 on Pla" of Lot3 hereinafee~ ~ncior.ed~ t~ence
Nccch tl:1.ri;l:~ deg::'Qoes fi.fty-:six minutg.s East:. (N 03- 56' E) and' alcr.~- part oe C.he
'reac lot line~ of Loc~ Nos. 135 a~d 134 on Plan o~ Lo~s he~9inaf~e~ men~ioned.
a diSl:,ance of nlnec:y (90) teet to a point at. tbe dl...licin9 line Oel:.....eQn t..ct.s
Nos. 145 and 146 on Plan of Lots he.cQ.:.na~:er mentioned~ thence North
ei<;hc:y-si:< degrees four minut:.Qs WQ:st: (~ 666041 W) and along t.he Oi'liding li.ne
beC1JQen LaC3 Nos.. 145 and 146 Ot'l Plan of t..ot::s he::-eina!t:er:- men:.ionecL a
c:H3~a:nce of one huncred five (~05) fe@:, to a point or; t."1e easee::-n line of
S:len Road; enence Scuth ehree deg~ees !if~Y-3ix mi~utes West <5 O~5e' w) a~c
along t.t'le ea.stecn line of Ellen Road a cistance 0': ni:iety (90) feel:. t~ a
poin~. the pcin~ and plac~ o! SeGINNING.
Se:I:O-Je Loe No. 145 on Plan of !:..OC.:S l<no.....n as ?a::: 0= Cct..::'1t..c'y Club ?ac-~< ~hich
Plan is reco~d~d in the Office Qf ehe Reco~oe~ of Ce9a~ i~ an~ toe C~mb~~lanc
C~uncy i~ Plan ecc~ 21, Page 42.
H.AVJ:~ THE..::tl::~N e=er..:ese a l:t.tc scot:""j' cc-ick anc f=dr:"~ ~'i'!'11in9 kr.c...:n as and
n~red 509 e:llen ~cad, Caf\"p Hill. l?enne:y!.van1.a.
eeI~JC THE: SAl'lE. PREMISES tJhich Henz:""'l.l E. Router". an': G\.o<e'r.oolyr: H. Rc~;:;?(L r.i.e
wife. by ceed da~erJ Cct:.obe<:: 141 1987, end l:'e<:ot.~c:!e-d ir. ~hQ C~bet'l~:~.d C..::r\.lnt.y
Re:cc::-de::- of Ceecs otfics in C-e~ BccJ< Z-32, 1?~ge 828. g~a;;t.e.= ar;~ co(",ve'l~c
\.In'::) E.d\JacC:: J. V~('\bla::gan ar'\c Na~'...:y ^. Va::bl,::L~g.=t.", g;:-a:1':.c:-s he~e:.......
PRIDlISES: 509 ELLEN ROAD
TAX PARCEL #10-20-1848-306
N J c ueline B:St-McKee by Deed from Edward J.
TITLE TO SAID PREMISES IS VESTE? 1 'f ad~ed 10/22193, recorded 10129193 in Record Book
Vanblarg:an and Nancy A. Vanblargan, hls Wl e,
P-36, page 772.
~;[@jIi/;&;~lif.l':"~~!<i;"""'_--"~id:;'_\P.Ef,gi>ii~RMt.v-'HAj",--.i;iw..~",'-.:c,i.\!W~,Li"'C'0"";_,,.';~;';,,~;,-~,I]'--';~,:;ib,-,&jj,0i~;~;';';!"#l~M..~II_"'~.I!i->J!t.!liJi;~'ml'I~IliM'i!~"I"'ui<<~illiiili
~
,. r '''~ ~ '" .~_~,,"'^'~'~_ __~= ~_ ~_".._ " ".~
,
" ~
IiI.t
"_~u ~I ,~ iil.-.. -
Li
!
0 a 0
c Tl
<" <-
'-'05 c-
nln1 Z '"
Z~ 'r::':
-,-.
zC' I ~;~j{?
(1)1> co
-<~-'
..:"-. "'':;u
~o "'" .--.--" '~r-;
>' ::>: 9~'S
zQ
;pi:=.' '? o ill
~ m ~
-<
~
'.filll!lj.
.~
~, -~~ ,
.~~.~,-
I
AFFIDAVIT OF SERVICE
PLAINTIFF
GMAC MORTGAGE CORPORATION
CUMBERLAND COUNTY
No.01-1552 CIVIL
DEFENDANT(S)
JACQUELINE A. BEST-MCKEE
SERVE JACQUELINE A. BEST-MCKEE AT
509 ELLEN ROAD
CAMP HILL, P A 17011
Type of Action
- Notice of Sheriff's Sale
Sale Date: SEPTEMBER 5, 2001
SERVED
Served and made known to T"'<t" <-h", "-- A., {3~ - Jv\c~,'befendant, on the
at f3:.If5"",o'clock~.m.,at 5'()1 ;1efJ p,~', cA~ tJ,} (
f 8 <!-1.. day of -XtJ "- . 2001,
, 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 ofDefendant(s)'s residence who refused to give name or relationship.
Manager/Clerk of place oflodging in which Defendant(s) reside(s).
Agent or person in charge ofDefendant(s)'s office or usual place of business.
an officer of said Defendant(s)'s company.
Other:
/ 1/ /P5 .
Description: Age }jQ Height..{ ~ Weight iU- Race W I\. Sex L Other
I, CI31<-ef"c,,-L COl"f.. ~ ."'JR. ,a competent adult, being duly sworn according to law, depose and state that I personally handed
a true and correct copy 0 the Nott heriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at
the address indicated above. Notanal Seal
c~.::y L Heefner, Notary Public
Sworn to and s~bs ribed MYCo':"'~~~ BEare, F kiln County
b hi cia n ''Ill u 2002
efore 3e t s Y ember, Pennsytv '
~o~:-~OO~~ J . ".. .. \ By:",a 0 at ene
U U cr' ~l.UL-J NOT SERVED
On the ._~ day of ,200_, at o'clock _.m., Defendant NOT FOUND because:
~
Moved
Unknown
No Answer
Vacant
Other:
Sworn to and subscribed
before me this __ day
of ~200_.
Notary:
By:
Attornev for Plaintiff
Frank Federman, Esquire - I.D. No. 12248
One Penn Center Suburban Station, Suite 1400
Philadelphia, PA 19103
(215) 563-7000
li
"" ,"" ' l__,.,~ -'~~'_;_~,
1
"
SALE DATE: SEPTEMBER 5. 2001
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
,
CNIL ACTION - LAW
GMAC MORTGAGE CORPORATION
No.: 01-1552 CIVIL
vs.
JACQUELINE A. BEST-MCKEE
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:
509 ELLEN ROAD. CAMP HILL.PA 17011.
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 Mfidavit 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 ofthe Certificate of Mailing
(Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached
for each notice.
~4~
FEDE , ESQUIRE
Attorney for Plainti f
August 28,2001
^~-"=""=-'~
.,--
. ~c 1,""
'~'#'
..
.
GMAC MORTGAGE CORPORATION
CUMBERLAND COUNTY
Plaintiff,
v.
COURT OF COMMON PLEAS
JACQUELINE A. BEST-MCKEE
CIVIL DMSION
Defendant(s).
NO. 01-1552 CIVIL
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 509 ELLEN ROADCAMP HILL. PA
17011
1. Name and address ofOwner(s) orreputed Owner(s):
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
JACQUELINE A. BEST- 509 ELLEN ROAD
MCKEE CAMP HILL, PA 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
~ .
, .
~_ 1 "_,,'
"""--!\'i~i,
4.
Name and address of the last recorded holder of every mortgage of record:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
'"
AMERICAN GENERAL
FINANCE, INC.
125 GATEWAY DR., SUITE 109
MECHANICSBURG, PA 17055
PENNSYL V ANlA
HOUSING FINANCE
AGENCY
2101 NORTH FRONT STREET
HARRISBURG, PA 17105
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
509 ELLEN ROAD
CAMP HILL, P A 17011
Domestic Relations of Cumberland
County
13 North Hanover Street
Carlisle, PA 17013
Commonwealth of Pennsylvania
Department of Welfare
PO Box 2675
Harrisburg, PA 17105
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
May 23.2001
DATE
k~ tJ~
RANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
,- -~""
-
.
.
, ""
Llliilo.l~
.
DATE: May 23, 200 I
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY
OWNER(S) JACQUELINE A. BEST-MCKEE
PROPERTY: 509 ELLEN ROAD
CAMP HILL, P A 17011
Improvements: Residential Property
CUMBERLAND COUNTY
The above-captioned property is scheduled to be sold at the Sheriffs Sale on
SEPTEMBER 5,2001 at 10:00 a.m. in Cumberland Countv Courthouse, South Hanover Street,
Carlisle, P A. Our records indicate that you may hold a mortgage or judgment on the property, which
may be extinguished by the sale. You may wish to attend the sale to protect your interests.
A schedule of Distribution wilI be filed by the Sheriff on a date specified by the Sheriff
not later than 30 days after sale. Distribution wilI be made in accordance with the schedule unless
exceptions are filed thereto within 10 days after the filing of the schedule.
LH
,.~,~
,,-l
--0
lDor
~Z
...."
(;;'3
It"
o.~
"0
... ...,
en
lD
"
0.
~
;o-l
lDO
@!1:
~.z
0."
0>3
-"
,,~
iile.
-"
~~-
lD'"
;0"
m 0
@'"
".g
--0>
"'"
<0 It
m.~
3"
"OlD
o~
...-
lDZ
lDO>
-3
lD
e.
" "
~ ~
'" ./>.
~
'"
~
~
~
o
~
'"
'"
1~~~D_~J~~=~ ':
..,.7\""\( ~.<-~~- -' ..
;/ '?- - (<>'~ ;~ U.S}\l~IAGE \:
::::! -:>':v."~ .-' I.
t.:l: J9?1-ij'OI -;::. ;.. t~ _I:
\C- - ~h"" :: ! ,2 5 :: 1:
,l'~"M~'E~ J !_
'~,~~~.-,/ 6068360L-- .,
I I I I I I I I I
0>
" ~,
....
Ol '"
.
'"
~
'"
><
t""
<:
~
>
~
o
c
'"
Z
Cl
'"
~
n
tI1
:>
Cl
~
n
.><
N
-
o
z
o
~
~
'"
~
z
'"'
~
tI1
.'"'
~
:>
~
'"
ttI
c
}3
'"
:>
-
->
-
o
v.
~
./>.
:>
a::
m
~
n
:>
z
Cl
~
tI1
~
t""
'"
Z
~
n
S'1
Z
(1
-
N
V.
Cl
:>
'"'
m
:E
~
CI
Jd
'"
c
::J
m
-
o
.'0
~
m
n
~
:>
z
n
'"
ttI
C
~
'"
:>
-
->
o
v.
v.
. .
'"
~l
"
"
"
"
<!:
o
...
...
c
'"
"
"
.-
'"
<=
'"
i"i
t"'
t"'
i"i
Z
~
~
'h
~
...
~
r
...
;..
-
.....
<=
-
-
H "". ~~i.,,;~l,,-,".
'"
'1
o
S
S
o
"
~
..,
~
-
:r
o
...,
...
"
"
"
'"
....
:<
"
"
;;'
CI
"
'"
"
...
-
::
"
"
-
..
...,
~
t!.
-.
"
...
."
...
o
0=
..
'"
...
~
.....
'"
:=
"
...
:l.
'"
:r
c
...
~
...
;..
-
.....
-
<=
~.
~
Ill?;:
mil
IIllD
7'z
;:"
og.
" ~
m
m
OZ
.. 0>
~ ~
~ S-
r;" 6:
~@
;- ~
- lD
0" .ct)
13; sa
.. "
~~
!"lo>
c "
:: 0.
:r"
" 0
... !a.
=0
a :=!3
!"l @
o )>
c 2:
a. ro
~< ~
-
w
Z
..
...
-
:r
:=
"
"
o
..
"
...
'"
-
...
"
"
-
!"l
"
:!.
.r
F
...
;..
-
.....
<=
-
w
--~'-'-.'''i\1,;j'
....
S'
lD
o>z
",o.Dl
11I0.3
CD i CD
::I .. Dl
0."::1
~ 0.
".......O"T1
:::J""O'>:::lm
=~CDO
~,--om
CD 0 (0;0
-::r::l;g:
-g.:::l::1)>
Dr"Tl 0 z
. . '"
,,^::l>
>",-z
:::l~O
tOffi~\J
.......a.cn:I:
0,< c: m
CfOJo-r
.......oc)>
~~a-z
.."''''
< ::l
~cn
_a. nr
en:::!:
reo
CD ;:::;:::1
0'"
;::;;::
o
o
"
o
'"
or
<0
lD
"T1
m
m
,
.
GMAC Mortgage Corporation
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2001-1552 Civil Term
VS
Jacqueline A. Best-McKee
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED pursuant to instructions from Attorney Frank Federman.
Sheriff's Costs:
Docketing
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
9.10
15.00
15.00
1.13
17.13
386.30
337.65
$873.47 paid by attorney
09-20-01
Sworn and subscribed to before me
~~
This I pA- day of (fl~
Gr- R. Thomas Kline, Sheriff
2001, A.D. f2 ~,~ ByQtJCh.Jvv..iJh
Prothonotary Real Estite Deputy
. ,,~, ,-,---,-
~ "
~~,.
I,0=>
--1016
.. 1>\
~:JiI>1'
V
~71"".""""" ~
-
.
~ '^
" . .",~..,~.....,~, ~;;;;,.-"
. "",GMAC MORTGAGE CORPORATION
CUMBERLAND COUNTY
Plaintiff,
v.
COURT OF COMMON PLEAS
JACQUELINE A. BEST-MCKEE
CIVIL DIVISION
Defendant(s).
NO. 01-1552 CIVIL
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 509 ELLEN ROADCAMP HILL. P A
17011
1. Name and address ofOwner(s) orreputed Owner(s):
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
JACQUELINE A. BEST- 509 ELLEN ROAD
MCKEE CAMP HILL, P A 17011
2. Name and address of Defendant(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
t>.
4, Name and address of the. last recorded holder of every mortgage of record:
-c
. '
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
AMERICAN GENERAL
FINANCE, INC.
125 GATEWAY DR., SUITE 109
MECHANICSBURG, P A 17055
PENNSYLVANIA
HOUSING FINANCE
AGENCY
2101 NORTH FRONT STREET
HARRISBURG,PA 17105
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
509 ELLEN ROAD
CAMP IDLL, P A 17011
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 171 05
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties of18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
Mav 23, 2001
DATE
k~ 1d1;v-
RANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
"..".,<><-'~~~" ~
"
~"'-- "~ "
~~"~
,J
.-.. "'...~'-~-:.;o>
I"
GMAC MORTGAGE CORPORATION
Plaintiff,
CUMBERLAND COUNTY
v.
No. 01"1552 CIVIL
JACQUELINE A. BEST"MCKEE
Defendant(s).
May 23,2001
TO: JACQUELINE A. BEST-MCKEE
509 ELLEN ROAD
CAMP HILL, PA 17011
"TIllS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VB 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 509 ELLEN ROADCAMP HILL, PA 17011is scheduled to be sold
at the Sheriffs Sale on SEPTEMBER 5, 2001 at 10:00 a.m. in the Cumberland County CourthOQse,
South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by GMAC
MORTGAGE CORPORATION (the mortgagee) against you. If the Sheriffs sale is postponed, the
property will be relisted for the Sheriff s Sale.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
'-1.h;iW..'~ .1
, "
...
--"
- .tl:iiiIl1lJ,~" ,
'-'-'o-~
, -~""""""iillt.j:i'i!lIilillliii~a;~~&k
'"
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 if the buyer pays the Sheriffthe full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5 . You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriffwithin 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYERAT 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
.
'"
. ALL TH^:r CZ.R'!)"!~f t:.:-act: ot" pa:rcel of lane and l;lcemises, sit.uac.e, .l.:;ing !Inc
be~ng in Che To~ship of Hampden in ~he County cf Cu~b~~l~nc ~nd C~mn~nweal~~
of Pennsylvania, moc~ par~icu:acly cesc~ibed as fc11~~s:
a.;:::a,~\iN:~G at: a point or. the east:ecn line of c:l.!.en ?:cad w!,i,::.'-: ~:.n: 1...::; d::
ehe divid ing l:.ne bet:'..reen. Lot:.::! No.9. 144 ar:c 1<:5 en P':'3:'t of Let:s r;$::-~':":-:Q~:'~:"
men~i.'::ln.;C: ther.cQ Seu!:.r. e.:.ghl:y-six degree=> .fOU;" minutes ~sc. (.$ E6" 24 I E) ac:.c
al.c.r.g the dividing line bet'o.leen Let.s NC$. 1";-:; aflC 145 on Pl.an 0' r..oc..z
he-r.ei:"Iaf:e= mer.!:.i.oneQ',. a distance of one hur.cz:"ed fi'l~ (l05) f.:aoQ!:. eo a O::01..:""lt:. en
the ~ear loe l~ne of ~ot No. 135 on Plan at Lot~ heceinaf~er mQ~eioned; thence
Ncc:ch t:h.r~e deg:ees fi.ft:y-::six mitiutQs Ea.st:. (N 03- 56 t Z) and alcr.s pa:ot. of" t:.he
rear lQC lina5 oc ~Ce3 Nos. 135 and l34 on Plan o~ Lo~3 hecQina!~er ment:.ioned.
a dist.anc:e Qf nlne!:.y (90) teet:. eo a poin.t at::. t.tH!: d;,vicin9 line ~l:.''''e'@n tct:s
Nos. 145 and 146 on Plan of Lots hecQina=:.er menticr.ed; t.her.ce North
aig:\"'.t.y-.si;( degrees fou'l:" minut.Qs WeSl: (N 86.04' W) ar.c along che di'.ricing line
bet.'\JQen !..ot.s Nc:::.s. 145 and 146 on Plan of t..ats he::eitlatc'S'l:: men~iClnecL a
dise.ance of one hunet"eC five (105) feel: to a point er. the ea..s:~e::-;j line of
E:l~n Road: thence South ehree deg~ee3 fi!~y-six minutes West (S at 56' W) anc
alcng tt1e eastern line of Ellen Road a disc:.al"lce of ni:;et:y (90) feet to a
poin=. the peine and place o! SeCINNING.
8s::t~1C 1:..01:. Nc. 145 on Plan. ot: !-Qt;.:s knolJn a.s ?a~:. o~ CCU:1t.t"'.1 Club i?a~k f",jhich
Plan is ~eco~d~d in the Oe~ice of eh@ Recocde~ c= Ce~c~ in and f~c C~~c~cland
C~uney i~ Plan ecc~ 21, P3se 4~.
H~V'I:-:C THE..qECN e:~t;t:oo a t.'-'c st.ot""'.( bcicJ< anc f::ar."~ ~'ell in9 k.r:o--.'n as and
nU1l"l.bered 509 Ellen Road, Carrp Hill. Penn.:;sy!.vanl.a.
eeI:-JC THE SANE PREMISes '-'hich Hent:'Y E:4 Rout.er'. and G:.."-endaly-n H. Ro~con. r:is
....ife, by de~d d.a::e--J Occobe:- 14, 1987, and cecOt4de-;j ir: the Ct...JJnberla:"':d C'::>\.l(1t.y
Etece::-de:: of O<eeas Office in Deo;::d Beck 2-32, ?~ge S2,'3. 9!:"ailt.ed ar;:7. co(',ve'l9C:
un~~ Ed~a~~ J. V~~bla:"gan a~c Ndn~y ^. Va~bl~=~~~, gca~~=~~ he~e:;..
PRE1ISES: 509 ELLEN ROAD
TAX PARCEL #10-20-1848-306
N Jac ueline B:St-McKee by Deed from Edward J.
TITLE TO SAID PREMISES IS VESTED I. d~ed 10/22/93, recorded 10/29/93 in Record Book
Vanblargan and Nancy A. Vanblargan, hIS WIfe,
P-36, page 772.
,. "
...
'-^'>; ,'"
'I' = - -~",,-,,;.i
.
WRIT OF EXECUTION and/or ATTACHMENT
.COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO. 01-1552 CIVIL 1!fX TERM
CIVIL ACTION - LAW
TO THE SHERIFF OF
Cumberland
COUNTY:
To satisfy the debt, interest and costs due GMAC Mortgage Corporation
PLAINTIFF(S)
from Jacqueline A. Best-McKee, 509 Ellen Road, Camp Hill, PA 17011
DEFENOANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell See Legal Description
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of
GARNISHEE(S) as follow,S:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying ai1Y""
debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposingcr
thereof; ,"
(3) If property of the defendant(s) not levied upon an subject to attachment is found inthe possession of anyoneotn~r'
than a named garnishee, you are directed to notify him/herthaf he/she has been added as a garnishee and is enjoined as above
stated.
Amounf Due $115,584.06 L.L.
from ~/3/01 to 9/~/Ul
Interest(.per diem - $19.00)- $2375. and Costs Due Prothy
$.50
$1. 00
Atty's Comm
Atty Paid
Plainmt Paid
%
Other Costs
li10lLOti
Date:
June 8, 2001
Curtis R. Long
Prothonotary, Civil Division
~. O/j1~. P 7pJ?~;-
Deputy
REQUESTING PARTY:
Name
Address:
Frank Fedennan, Esq.
One Penn Center at Suburban Station, Suite 1400
Philadelphia, PA 19103
Attorney for: Plaintiff
Telephone: 215-563-7000
Supreme Court 10 No. 12248
.~
eE>
~
.'~
E=>J
.
'REA[ ESTATE SALE No.' J 3
.In vu Ylt. /3 I ;{ DO ( ~htl C! ~,:,.ifn6'fiecJ U~X:lI1! t!'lG dBi~moo.!lts
interest in the real oropertv ~!tuated In -1::b LJ ~
Cumberland Coum", ~;L. KilQWP q;;j"iu.~,'Jeredas:~F.~OiYJ f?d .
~an( :-:~::; i;~;;'l u;:;3;::!i~~u 0;1 iExhlblt "A" moo with
thiS writ and Ii,' this reterBii;~0 :Fi>-;q;'~;::fe(j neraln.
~:~J(l{l 19:,::;;260/ BiA{)~ \. )~
TkfJuitj Shul Pf
"\ ~s l;i..~r? c.
~\~"1.!',c \-C,'/.)
-~ ' . 1\ l\\I\'
\\J' \\~ I)'n t. " . ,,,1I':l
. V . "':;~\~"c
, ,,,\\1.- ':"'- "Cl ;>
,...1>< _cc: ::t~~
,,3''1>''''.
_~:i..J~1" !~~jiJl"I~.J,1
." ,^,~L--
. <' "'~ ."
" ,-
"-!i.-~
RBro& _~'I'E SALE NO. 23
Writ No. 2001-1552 Civil
GMAC Mortgage Corporation
vs.
Jacqueline A Best-McKee
Atty.: Frank Fedennan
ALL THAT CERTAIN tract or par-
cel of land and premises, situate,
lying and being in the Township of
Hampden in the County of Cumber-
land and Commonwealth of Penn-
sylvania. more particularly described
as follows:
BEGINNING at a point on the
eastern line of Ellen Road which
point is at the dividing line between
Lots Nos. 144 and 145 on Plan of
Lots hereinafter mentioned: thence
South eighty-six degrees four min-
utes East (S 86' 04' E) and along
the dMding line beiween Lots Nos.
144 and 145 on Plan of Lots here-
inafter mentioned, a distance of one
hundred live (105) feet to a point
on the rear lot line of Lot No. 135
on Plan of Lots hereinafter men-
tioned; thence North three degrees
!\fty'six minutes East IN 03'56' E)
and along part of the rear lot lines
of Lots Nos. 135 and 134 on Plan
of Lots hereinafter mentioned, a dis-
tance of ninety (90) feet to a point
at the dividing line between Lots Nos.
145 and 146 on Plan of Lots here-
inafter mentioned; thence North
eighty-six degrees four minutes West
IN 86' 4' W) -"1!d along the dividing
line between Lots Nos. 145 and 146
on Plan of Lots hereinafter men-
tioned. a distance of one hundred
fwe (105) feet to a point on the east-
ern line of Ellen Road; thence South
three degrees fIfty-six minutes West
(S 03' 56' W) and along the eastern
line of Ellen Road a distance of nine-
ty (90) feet to a point. the point and
place of BEGINNING.
BEING Lot No. 145 on Plan of
Lots known as Part of Country Club
Park which Plan is recorded In the
Olflce of the Fleoorder of Deeds In
and for C_berland County in Plan
Book 21. page 42.
HAVING 1HEREON erected a two
story brick and frame dwelling known
as and nwnbered 509 Ellen Road
Camp Hill. Pennsylvania. .
BEING THE SAME PREMISES
which Hemy E. Routon and Gwen-
dolyn H. Routon. his wife. by deed
dated October 14. 1987. and record-
ed in the Cwnberland County Re-
corder of Deeds Office in Deed Book
Z-S2. Page 828. granted and con-
veyed unto Edward J. Vanblargan
and Naney A Vanblargan. grantors
herein.
PREMISES: 509 ELLEN ROAD.
TAX PARCEL #10-20-1848-S06
TITLE TO SAID PREMISES IS
VES1ED IN Jacqueline Best-McKee
by Deed from Edward J. Vanblar-
gan and Nancy A Vanblargan. his
WIfe, dated 10/22/93" recorded
1O/29/9S In Record Book P-S6
page 772. .
,~-- .
"
, , ~,.
FI'.-; ,,~,-" ~ ~
"-~'
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16,1929), P. 1.1784
STATE OF PENNSYLVANIA :
ss.
COUNTY OF CUMBERLAND :
Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County
and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland
Law Journal, a legal periodical published in the Borough ofCarlisje 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,
V1Z:
JULY 20, 27, AUGUST 3, 2001
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
R~ditor
SWORN TO AND SUBSCRIBED before me this
3 day of AUGUST. 2001
~j~)~ h1j,d1A /
. . -} 'J'~
, NOTARlAl'SEAL
LOIS E. SNYDER, NoIalyPubllc
Carli$l& Bom, CUmIlerIana ColIIly
My CommisIIon Expir8s M8n:h &, 2OIl5
..0:._.___. -=-'o'--"-'----=---'-
ReAL ESTATE SALENa. 23
~; ~cT~~}gNfI~.,;;,1552
--~ - GMAC Mortgage
~ ~ _ ~-._?J_~io~
-,.-. Jacqueline A. Best-McKee
-- Atty: Frank Federma.n
~ ,'.DESCRIPTION
=-~ -=~-
~l.J!iAi CERTAIN (ract or parcel of land
~C1. prcm1SC'~ sifl13t~_ lymg ano bt:mg: In th~
~<;hiV- -of Hampden in {he County of
-Cumberland uno Commonwc311h of
~'11nsyh(lni::t, more particularly cki.Cribcd as
~~~~I~~ 3t a }ll)jnt ~n ihe e:.\~{t:m lint: of
~rtil Koad which" point IS at Ihe dn,uillg lint'
'::.'~twt>::n Lol.-; Nos. \-14 and 1.:t5 on Plan of loth
- hcreina(t~r men116ned: tl1,;onte SOUlb elllhW-SII"
~fourminute.,Ea~t(S8ti 04'ElandaIQo,y.
~lhc~di\lidil1g line lx:t\\'eell Loth Nos. 14..\ and 145
~P1MofLo'1:nereinafter mentioned, a distanc:e
~~ hundred five ( 105, ft.'d lOll polllt on l~
~cli)1linc of Lot :~o. 135 on Plan of LeI;:.
--~af{er meoti<lncd: (hence North. three
,~cgrees fifty-six minutes Eas.t IN 03 Sf:,' E) and
~:MOJ!&'p;lrt of the rear lotHocs of Lx$ Nos. 135
~(i.QJ)4 on Plan of U:>151i~'1eintlfICr mentioned. a
~:O~~_~ tiinety NO) (IX."( to.a point at lhe
~tvmihg lme oefWc:en Lo.ts.Nos. J~S ami 146 on
::' PI~Ttof L()t.~ hcremaftcr mentioned; thcnce Nonh
,~ii!ht.y y--six degrees f~r. ~inul~s W~5t IN S6 0-+'
~~ along tne dn:\dmg tme between LOIs
,:-.-"Nos. 1~5'and 146 on P1.'ln of Lot... hereinaffer
::.:1fo:Crttloncd. a di~lance of one hundred five (H)S)
- feet to a point ()l11lx' ca~tem line of Elkn ROJd;
!::ihTnoe-South three dcgj~s fiftY-SIX m\l1ute~ \Ve-;t
f!Snr56' W, and akmg the ~:J,lc:'m line- of Elkn
::;jt@CI"fiuistance-ofnin\.-'ty (<)OJ l~t to a p.)int, the
~m{ ilnd pla~ of BEGfNNING.
. ID:1NG Lot No. 1-1-5 on Plan of lois knov.n a::-
~fCoUntry' Oub Park whi<:h Plan lS TL'Corded
"" 111 the Office of ib,;o RecorOt.'1" of DeeDS 111 and for
~CU1fi1i:erland C(lUnIY ({l Plan Book 21. P"dge -12.
HAVING THEREON erctlt.'d a Iwo..Slory \"'onI:k
~O frame dwelling known as and numbered 509
, Blkn Rood, Camp Hill, Pennsylvama.
__B,tINGlliE SAME PREMISES whIch H\?1U)' E.
Rou(oo and Gwendolyn H. RoutOil, hIS wife, by
'-=dcii1 d:ited Octobcr 14, ICJg7,aTtd recorded in the
~Cuiiiberkllld ConOly Recorder rn Deeds OfJke III
=- Di;::d Book ;(.-32. ~Page jUs. j!;.lnted and
~&'i\'Cy<xl unto Edward). Vanblargan and Naru.-y
_.k VanblaT!!an. gral1tor~ nerein.
,,-PREMISES, j()9 ELLEN RG.\D.
'"\~TAXJARC'EL#10-2o.l~30b.
-TITLE TO - SAID PREto,'lISES l~ vest In
M.~!!.e1~0\' BN-McKt::cn by lX~'I1 from Edward
~EJ~IJrga.ri and Nancy A.. Van/:l13~Jn. hI'; \\'if~.
Jar~d lOl21JQ3. recorded JOnYjl)} In Record
~B\JQkY:36. 0Jg~ 712.
~'''-_.-.
.
~=
~ .~~
:'"
,', ~
- ". ^~~" ~",;;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 law$ 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 ~
Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818
Market Street, in the City, County and State aforesaid; that The Patriot-News and The 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 saidfO pany and subsequently duly recorded in
the office for the Recording of Deeds in and for said County of Dauphin in iscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION
COpy
SALl:#23
_rtal Seal
Teny L. RuseaII, Nol8Iy P_
""ntlburg. Dauphin CounIy
My CoinIlIISslen Explf18 June 6.
. . NO JO.RY PUBLIC
Member, PennsyIVanoa AssocIation at NotIrtH
My 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 $
336.15
1.50
337.65
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....................................................................
~~ .
. ~ .,
'" "no
<;:~','
~
PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
p.R.e.p. 3180-3183
GMAC MORTGAGE CORPORATION
Plaintiff,
v.
No. 01-1552 CIVIL
JACQUELINE A. BEST-MCKEE
Defendant(s).
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
$115,584.06
Interest from 5/4/02 to 12/4/02
(per diem -$19.00)
$ 11,020.00 and Costs
TOTAL
$126,604.06
1 fM ~~AN'/\iAALl
FRANK FE ERMAN, ESQUIRE
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, P A 19103-1814
Attorney for Plaintiff
Note: Please attach description of property.No.
~1~11.'~~~k~"Sbjt~EiE1i{H!l't>M~1:!tlW~4!!ii;"'~~i@i~'i.c,-~~,,:).,~~: ,~j.,~', "''''''o':''''~'~!~if.'i!Ji;iili:_'<i1ijf-!i,rdiili "'~""""""~~""'"""""""-;;W~~j(;' ,~, ,,"'""' '"",,'':'" -~~~
....
....
0
to-
....
-<
~
",,;$ J
O~ Z 63
Z 0
00;;;- 0 ...
~~ ... ... ~
... ~ ;:l ~
""'00 ~ U '"Ci
~~ u ~'E' u <l.)
0 ~ ~ c:
... = <l.)
0... ~ , '"
... '"
~~ "" = <l.)
0 00 O<:l 0 .<:>
O~ U ... <l.) ~ ~
i:Q ... ..
UZ ~ .; < ~~ Z
",,;:l .. ~~ ... ~
00 -< ~ "'" <l.)
" ~~ "'" ~
U ... ...
l:2~ l:2 "'" 0.... ~ p..
... "" S '" ~
;:l~ 0
0 ;:l ...e I()
8za ~ QI ~
U ... Oi
...... U ~ U '"
=i:Q -< ~ .tJ ~
...~ ~ <l.) ~
-
" .-
Z;:l ~ ""
...U
". ""
- ""
'I.
Ii:
,""-~
~ ."
._.1. ~.,._~,",-, .." ~~ ~"~" ~ . ~"
""
'~'.<k.,,,
~
,
ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the
Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more
particularly described as follows:
BEGINNING at a point on the eastern line of Ellen Road which point is at the dividing line between
Lots Nos. 144 and 145 on Plan of Lots hereinafter mentioned; thence South eighty-six degrees four
minutes East (S 86004" E) and along the dividing line between Lots Nos. 144 and 145 on Plan of
Lots hereinafter mentioned, a distance of one hundred five (105) feet to a point on the rear lot line
of Lot No. 135 on Plan of Lots hereinafter mentioned; thence North three degrees fifty-six minutes
East (N 03056' E) and along part of the rear lot lines of Lots Nos. 135 and 134 on Plan of Lots
hereinafter mentioned, a distance of ninety (90) feet to a point at the dividing line between Lots
Nos. 145 and 146 on Plan of Lots hereinafter mentioned; thence North eighty-six degrees four
minutes West (N 860 04' W) and along the dividing line between Lots Nos. 145 and 146 on Plan of
Lots hereinafter mentioned, a distance of one hundred five (105) feet to a point on the eastern line
of Ellen Road; thence South three degrees fifty-six minutes West (S 03056' W) and along the
eastern line of Ellen Road a distance of ninety (90) feet to a point, the point and place of
BEGINNING.
BEING Lot No. 145 on Plan of L-eltS knownas Part ofCountr,y Club Park which Plan is recorded in .
the Office of the Recorder of DeC\fs in iUld"for Cumberland Cqunty in Plan Book 21, Page 42.
HAVING THEREON erected a two Slory brick and frame dwelling known as and numbered
509 Ellen Road, Camp Hill, Pennsylvania.
BEING COUNTY TAX PARCEL NUMBER: 10-20-1848-306
, .
TITLE TO SAID PREMISES IS VESTED IN Jacqueline Best-McKee by Deed from Edward J.
Vanblargan and Nancy A. Vanblargan,"his wife, dated 10/22/93, recorded 10/29/93 in Record Book
P-36, page 772. . .
~1:~~tM!il!j~.!i..~L-",;.#;!.;i;I,,,.'&ll&i!'<&J",~kh:!."fNji\:c'.G,h"".,,,:.
f
,.. .
+
o
+>
-
(t:J
l
- '
t
Y
r
,..,
--
i9~
ff:. It
):J
--J
~
6'
"->
....
.......
('
~
-......
";,,.-.,S,-'
'--".'-'.""')
""""'-llliiiil' ..
~\tifMr~Rlt'J:W'iiltilJ~iJ!@'
'r;e~:ml~!
~li!il.ih;,l!:w&;JUo'l^"f,'~,
'"., -."-~ill~i*:!1rJ~_~~ f<1lU-,j
~',.,iliil1l ,...
, ~.iJ
(
"'
-iq
..0 ........ '\) ~
-0 W
~ :-t ~ ~~ ~ 0- ?1
.. . ()
:-... D 0 0 B .t 0 (') a (")
D S; N -7"]
0 IN C C ..j G'" $. ~ +-...1
() ""00:; '- "n
j I I mm ,- r
( I r~ Z:::J) '-D [J1
ZC '(P..,)
(j)~,; (}'1 :'~) i'.L)
e -<""- ,--;~
" ~c; "'" ':r: =+~
::- ... ... " ~o ::!: qo
" , --0 '2 Om
~ )>C ?G
:3 U1
. , -, W -<
, " "
,
~ ..
Jl
._'\$.01' 'J~ ='.~llIIii~_' -- ~" ~~""
.~-
~ '"~
~~~i:a.
'1'~~,"';
FEDE~ANandPHELAN,LLP
By: FRANK FEDE~AN
Identification No. 12248
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BL YD., SUITE 1400
PIDLADELPIDA, PA 19103-1814
(215) 563-7000
ATTORNEY FOR PLAINTIFF
GMAC MORTGAGE CORPORATION
Plaintiff,
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
v.
CIVIL DIVISION
JACQUELINE A. BEST-MCKEE
NO. 01-1552 CIVIL
Defendant(s).
CERTIFICATION
FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that the premises are not subject to the provisions of Act 91
because it is:
() an FHA mortgage
() non-owner occupied
() vacant
(X) Act 91 procedures have been fulfilled
This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
lMJ.~~WMilI^^
FRANK FE ERMAN, ESQUIRE
Attorney for Plaintiff
"""="""=""lJ/JCl=~~~~ftW:~ffi~illlti~Wr*,:,tlL",~'i:~",';;;;',
,..,', ':,~,i!~
.m1i->-Ji.~,iji@!~"";~'''.llli.I~Y;'~~1'J2"l.iiL((~~$lii:::~')''".'h'~~n:!"J:~.Al::tm nlfr""'''''~~.''o' 'Lel'
(") 0 C)
C N -;""1
;s:: C-
ucr; c:: '"
mrn r- r'::
Z'; m
Zr;:; S:'-fJ
CD> 01
-<"~ ~6
""'-
reO ;;:;.. >-r.:---r-i
~O :Jl: ,;5:D
-0 9 ~~M
)>c 0
~ :Jl :;;!
(..J ~
JI1",~,;~JmIT,,,.JH'I'L.~=.~,,,,,,, ,," '~'''"^~'.~'''~''''''~_''~~''''''''.~''~ "",, ~<.". ..~~.,.
.."....,
~. ~.~., ..
"~~.. ~
,,,;".,,,,",,,~.'-
'<) "~"
~.
"
GMAC MORTGAGE CORPORATION
CUMBERLAND COUNTY
Plaintiff,
v.
COURT OF COMMON PLEAS
JACQUELINE A. BEST-MCKEE
CIVIL DMSION
Defendant( s).
NO. 01-1552 CIVIL
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No.1)
GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK
FEDERMAN, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the
following infonnation concerning the real property located at .509 ELLEN ROAD. CAMP HILL. P A
17011 .
:,:
1. Name and address ofOwner(s) or reputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
JACQUELINE A. BEST-MCKEE
509 ELLEN ROAD
CAMP HILL, P A 17011
2. Name and address ofDefendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
.1..
-", ~ . ~
;, [~
~.
4. Name and address oflast recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
AMERICAN GENERAL FINANCE, INC.
125 GATEWAY DRIVE, SUITE 109
MECHANICSBURG, PA 17055
PENNSYLVANIA HOUSING
FINANCE AGENCY
2101 NORTH FRONT STREET
HARRISBURG, PA 17105
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
509 ELLEN ROAD
CAMP HILL, PA 17011
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 infonnation and belief. I understand that false statements herein are made subject to the
penalties of18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
llJj.A ~1\1lMa~ f\
RANK FE ERMAN, ESQUIRE
Attorney for Plaintiff
Julv 11, 2002
DATE
:~t~~~*I;fg.*'~jt,mm:~_~Mt4'&1d';rr,:'.\ -",~;l""-,-,)i:'",;d&\iifu;':c,;y,,gJ1,Iffi1~bWi:.'IMl'~-'><''''--''''Idiil,
?'-NJ,:~"j;.:)~~l2L ,~,_, U
'0 -,='^' ~ .' ,.
-"",
,c'~','f_"" "_," "
., --~~R!I1!J ',-, IMfl.l!fJiiiftJim
:"'l
"
," 'c",
"'i
'f>1i.
0 0 C>
C f",; ,!
~ <-
veo c: j",.;:-n
mIT: r-
Z:t.'
ZS; ','1 ;'Ti
_.CO,r""'"
en ' (Jl ::_16
~L
;cG ;<>. ,\"'-;',
~3 ::s:: rYJ}
~~;,.()
co om
~ :Jl ~
, (,.) -<
I!J
~,'~,u ~
._~ "","..'~ "'~~.8'-"
,',
~, .'
" J ~ ~ ^ ","
A.
GMAC MORTGAGE CORPORATION
Plaintiff,
CUMBERLAND COUNTY
v.
No. 01-1552 CIVIL
JACQUELINE A. BEST-MCKEE
Defendant(s).
July 11, 2002
TO: JACQUELINE A. BEST-MCKEE
509 ELLEN ROAD
CAMP HILL, P A 17011
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION
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 A1TEMPTTO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY."
Your house (real estate) at, 509 ELLEN ROAD, CAMP HILL, PA 17011, is scheduled to be
sold at the Sheriff's Sale on DECEMBER 4, 2002 at 10:00 a.m. in the Cumberland County Courthouse,
South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $115,584.06 obtained by
GMAC MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is
continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERlFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good 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.)
~.'d' . ,
-
{d.
'-"'-
, .~-.,
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe
property as if the sale never happened.
5 . You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, P A 17013
(717) 249-3166
(800) 990-9108
~ .. ~' ~~, _~""" ._~~... 'o~
~.~ <" ,,,-,,- ',",. 'c'> """.,,,""~:
ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the
Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more
particularly described as follows:
BEGINNING at a point on the eastern-line of Ellen Road which point is at the dividing line between
Lots Nos. 144 and 145 on Plan of Lots hereinafter mentioned; thence South eighty-six degrees four
minutes East (S 86004" E) and along the dividing line between Lots Nos. 144 and 145 on Plan of
Lots hereinafter mentioned, a distance of one hundred five (105) feet to a point on the rear lot line
of Lot No. 135 on Plan of Lots hereinafter mentioned; thence North three degrees fifty-six minutes
East (N 030 56' E) and along part of the rear lot lines of Lots Nos. 135 and 134 on Plan of Lots
hereinafter mentioned, a distance of ninety (90) feet to a point at the dividing line between Lots
Nos_ 145 and 146 on Plan of Lots hereinafter mentioned; thence North eighty-six degrees four
minutes West (N 86004' W) and along the dividing line between Lots Nos. 145 and 146 on Plan of
Lots hereinafter mentioned, a distance of one hundred five (105) feet to a point on the eastern line
of Ellen Road; thence South three degrees fifty-six minutes West (5 03056' W) and along the
eastern line of Ellen Road a distance of ninety (90) feet to a point, the point and place of
BEGINNING.
BEING Lot No_ 145 on Plan of Lots known as Part of Country Club Park which Plan is recorded in
the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 21, Page 42.
HAVING THEREON erected a two story brick and frame dwelling known as and numbered
509 Ellen Road, Camp Hill, Pennsylvania.
BEING COUNTY TAX PARCEL NUMBER: 10-20-1848-306
TITLE TO SAID PREMISES IS VESTED IN Jacqueline Best-McKee by Deed from Edward J.
Vanblargan and Nancy A. Vanblargan, his wife, dated 10/22/93, recorded 10/29/93 in Record Book
P-36, page 772.
!.';-""''I'''1,4, ..' ~'_"'~6<,.. '.~
. '~~ -
~, ~
l~
'a~ ,
...".i
'~t/i;.."""'d~0"
Jacqueline A. Best-Muroski aIkIa
Jacqueline A. Best-McKee aIkIa
Jacqueline Muroski
Debtor
Chapter No. 13
Bankruptcy No. 01-04787 RJW
~9
~~
~
UNITED STATES BANKRUPTCY COURT FOR
THE MIDDLE DISTRICT OF PENNSYL VANIA
INRE:
GMAC Mortgage Corporation
Movant
FILED
HARRISBURG
PA
v.
Jacqueline A. Best-Muroski aIkIa
Jacqueline A. Best-McKee aIkIa
Jacqueline Muroski
Respondant
JUN 28
;!-,r")
Clerk, U.S. Sa
ORDER
AND NOW, this a 't;ti day of
~
~ ...Jo
, 2002, upon
consideration of the Motion for Relief and Motion for Default of Movant, GMAC Mortgage
Corporation, it is hereby
ORDERED that the Order for Reliefbe entered by default with respect to premises at
509 Ellen Road, Camp Hill, P A 17011, to allow the Movant to foreclose on its mortgage, which
mortgage was recorded in Cumberland County, in Mortgage Book 1174, Page 46, and allow the
purchase of said premises at Sheriff's sale (or purchaser' s assignee) to take any legal action for
enforcement of its right to possession of said premises.
By the Court:
(J .BoIlert J, WO!IdIkII
Robert J. Woodside, Bankruptcy Judge
cc: Judith T. Romano, Esquire
One PelUl Center at Suburban Station
1617 John F. Kennedy Blvd., Suite 1400
Philadelphia, PA 19103-1814
<l;5,,:~,~1>~~mllri:~t;("",:G.iSI"'-"'i'~'i!iG!>;~..,i:t!l-.,"i\;;;i;;-F.il,,"i:!.,,.~""i,;., ,;,~',
~~', ,/.;';,c"-,~"~"~;,,tW.Jl,,,~(,,,,", ~=, ,. ., ,""..,,,,,,,~,,,~,r,"', ~~, ,,~.,",= -,"'''' ", +.. '"_
",",,\,,",-',J,'0
"\"""';"'~~'i;\;;;)~_~_I~~~WlJ;O""~~ti',""ilil!~~!'('*1i1Iil1"
(")
C
-v$:
mr:t:
-:7'fT7
~::(;
25-'
(j) "
-<:.2:
k'tJ
~8
>c
z
=2
.
"
o
rv
/",
'."j
"OJ
~
r-
F
,',-,-.
,-
'1'11
:,~~.t:rj
;jC,I
~,~~~
cjm
-j
SO;
-<
t.}"";
""
::r:
??
':Jl
W
~
I!'i
''''''"~,~''U''''
~,' ~ ,~,
~.
, .
""""'-"~,,,,,,,,,",,,,,,6~,
"
WRIT OF EXECUTION and/or ATTACHMENT
,
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 01-1552 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION, Plaintiff (s)
From JACQUELINE A. BEST-MCKEE, 509 ELLEN ROAD, CAMP HILL, P A 17011
(I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $115,584.06
L.L.
Interest FROM 5/4/02 TO 12/4/02 (PER DIEM - $19.00) - $11,020.00 AND COSTS
Atty's Comm % Due Prothy $1.00
Atty Paid $994.03 Other Costs
Plaintiff Paid
Date: JULY 15, 2002
CURTIS R. LONG
(Seal)
Protho:a ~
Jly: ~- II. P '77zO"A.h'LJ;.LJF6-
Deputy
REQUESTING PARTY:
Name FRANK FEDERMAN, ESQUIRE
Address: ONE PENN CENTER AT SUBUBAN STATION
1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400
PHILADELPIDA, PA 19103-1814
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ill No. 12248
-
"",,'
,",'>
. .. . ~:,,;
..
AFFIDAVIT OF SERVICE
J.>LAINTIFF
.
GMAC MORTGAGE CORPORATION
CUMBERLAND COUNTY
KMD
No. 01-1552 CIVIL
DEFENDANT(S)
JACQUELUNEA.BEST-MCKEE
ACCT. #008762619
SERVE JACQUELUNE A. BEST-MCKEE AT
509 ELLEN ROAD
CAMP HILL, PA 17011
Type of Action
- Notice of Sheriff's Sale
Sale Date: DECEMBER 4, 2002
SERVER Y d
^ .\;_V",c't-e<2... ~
Served and made known to ::>~ue.L,Je.- \J\ . !(3e-.. , Defendant, on the ~ dayof -;r;;-ly ,200_:;z.
at 1;Z;05,'o'clock~.m,at .iJt5i ~I!e/V ,f,J.. / (lo>w r I+~((. ,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 oflodging in which Defendant(s) reside(s).
Agent or person in charge of Defendant(s)'s office or usual place of business.
an officer of said Defendant(s)'s company.
f If I~'f? . d I-- lA .
Description: Age 50 Height 56 weight& RaceASexL Other .(11. ';l-'!t
J /Jo .5","S5G'5
I, >lyre.,.., <"~ /,.. C....a ~ --r-'1-a competent adult, being duly sworn according to law, depose and state that I personally handed
a true and correct copy of the otice ofShenff's Sale m the manner as set forth herem, ISsued m the captioned case on the date and at
the address indicated above.
Other:
;'Ili'*l>\" NmARlALSEAL
M.JOHANSSON. __
. GI8ene 1Wp., Fr8nIdInCol!!!lY.
My , 1'.~
.,.
& TIMES OF SERVICE ATTEMPTED.
NOT SERVED
On the day of ,200_, at o'clock _.m., Defendant NOT FOUND because:
Moved Unknown No Answer Vacant
1 sl Attempt: / / Time: 2nd Attempt: / / Time:
3rd Attempt: / / Time:
Sworn to and subscribed
before me this _ day
of . 200 _'
Notary:
By:
Attornev for Plaintiff
Frank Federman, Esquire - I.D. No. 12248
~M1iIl1_~\ilii~~im'~Ii!MilJ_!~'lWJ~"~Jrj,:'~E'""ti,c>dt,",lb4",~ti!r~..:l#;i;~l'~~iililllllililibolllii
~~,
.", ,. ".,'~""'
.
g 0 0
r-.:l -n
~ :t:>' ---;
~';:r..
-OeD c:: ~:D
rnl-n G"> '~~,G
Z:I:) I
Z~: N :~~~
~~::
t:::Ci -u .-'- -ri
-;;; ::z: r'')_'
zq ~"O
/.. (Tt
;l> () ~ S
c:
.., ~ N ~
ALl,_
Il_.
<~."... L~=''''''"," ,""'",'h,"'~ ". ""'1"_~~""
.~. ^' ~'" .
" ~ < ',.~.,
..
.
~
ifII
""'~ i1 ~~ ~." ,.~~-~'" .'. ~.' ",,""
-
"'"..
I.,
~" ~'_%Gl!li+,
GMAC MORTGAGE CORPORATION
.
CUMBERLAND COUNTY
Plaintiff,
v.
COURT OF COMMON PLEAS
JACQUELINE A. BEST-MCKEE
CIVIL DIVISION
Defendant( s).
NO. 01-1552 CIVIL
AMENDED AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No.1)
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 ,509 ELLEN ROAD, CAMP HILL, P A
17011 .
1. Name and address ofOwner(s) or reputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
JACQUELINE A. BEST-MCKEE
509 ELLEN ROAD
CAMP HILL, P A 17011
2. Name and address ofDefendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
~""""'^-""
~_, ",.L. ," '~'~m
~--, ~
-
.H
r........... ~'~'"
..
J.
~ 4. Name and address oflast recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
AMERICAN GENERAL FINANCE, INC.
125 GATEWAY DRIVE, SUITE 109
MECHANICSBURG, PA 17055
PENNSYL VANIA HOUSING
FINANCE AGENCY
2101 NORTH FRONT STREET
HARRISBURG, PA 17105
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)
TOWNSHIP OF HAMPDEN
2305 SPORTING HILL ROAD
HAMPDEN, PA 17055
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
509 ELLEN ROAD
CAMP HILL, PA 17011
Domestic Relations of Cumberland County
13 North Hanover Street
Carlisle, PA 17013
Commonwealth of Pennsylvania
Department of WeIfare
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. e.s. Sec. 4904 relating to unsworn falsification to authorities.
=28. 2002~A~i{Ao:~~:i's~
Attorney for Plaintiff
!~_,~~~J#iillfuf!i4~~WiIOll!~'~""";(~>;"';"'!~~l")'"""ri.."~",",,';.~,,-ili:\'H~iiJ'ok"'''''~'''.~m[lf~;'';'-''''<:';''"~~~~~Jj' "''" ,,,,,. ~'''T . ~""1"
~.
. ~ =,.
u.
"
"
.'....,.
() 0 0
C r"
'?" -n
uci. V) -.,
OlrTr '" ..T;"T!
2:'-n "
7r'~ I 'i:=:
g~' -,-:-!m
(jl ,:::'5T
.':'-,4 C)
~ V ~;1~.
.2:0 ::r:
pC) i9
C O!T'
2: ?5
:< -
m -<
'" ~~,
I
oj
"
~
,--~~ ,~~
'" .'. .~
";-c,";, '.;,,"'-. '. .~ '.' '0' _~'" "
~."
....
"
, .
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
RE: GMAC MORTGAGE CORPORATION )
)
CIVIL ACTION
vs.
JACQUELINE A. BEST-MCKEE
)
)
CIVil DIVISION
NO. 01-1552 CIVil
AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
)
)
SS:
I, FRANK FEDERMAN, ESQUIRE attorney for GMAC MORTGAGE
CORPORATION hereby verify that on 7/12/02 & 8/28/02 true and correct copies
of the Notice of Sheriff's sale were served by certificate of mailing to the recorded
lienholders, and any known interested party see Exhibit "A" attached hereto.
Notice of Sale was sent to the Defendant(s) on 7/12/02 by certified mail return
receipt requested see Exhibit "B" attached hereto.
DATE: September 3. 2002
~~~~
~ifFEDERMAN, ESQUIRE
Attorney for Plaintiff
'iiI!Ai='" ~
'.
= ,~
...
.'
?J~"'&---f
oo~...::r
.0 p ....ra ..
~;i:g~
_" 0 ::J
~ ~ ... ~ ~
i5. ~ ;::-. B i>>
CIJ'3.~,g.iJ
~3 g,; g'
_.,\>'l'" 0
0'5.~'6 ...
" . "',' <
=-g- ..
~ - @~ ~
a.~'O S.I:'
g II> ~ O":i
!Ii~ lil;-,o
~ii'H~
~ In'g ~ 0
g \>'l,., K ::s
i>l~!D::s!.
a.ib~S"-
. g ~ 5 go
0'::1 g. ~
"1 1>> .. In
:i ~. trJ g.
~.c~ g
; 3 Dl 0-
ra _. In :r
o.i5.3:~
i! . ~ ~
r:~. go g.
l;~"'iil
.il ~-
-~ ~ a
~..-~
.g g~ ~
::r,trJri Do
[-li ~~.
_.:i ::: ~
5l ~ O'-i
,6 "",;::l ::r
~ ~~....
il "' E i!
!1' ~ ~ '"
wai'l
. ..'
?? ~~ ~
;::l <;::j' v. ~
1ii .. .0 ~
g.~' g ~
;:: 5' "
~fl~'g
3::~~~
g ",,~.~
[ ~ g'
.
::9.";
g 0
. ~
t:z
~~
0.'
to"
'< 0
"'~
.
.
if
"'..;
~ ~ ):
~'z (")
Hi
0:;' ~
!1l~' fil
.. '" t>
to
tJ1
'"
';'l
~
tJ1
i~
,,'
'< .
. .
~v!!
'"
~
z
~
o
f
s:
'"
h&.
-
V>
-
...
-
w
-
N
-
-
~
,
"~ .
-
o
'0
.....
00
'"
""
~
'"
~
i
:r:
g
'"
~
'ti
Z
~
Q Z
fl
15
~
fl
t:
o
-
a
::l
:r:
;J
~ .@
'" E:::
j ~
~ ~
'" ~
~ ~
o )>
I~'"O ~
)> V>
V>
:;
-
o
V>
.--1<
I~
_lilM,~"
..;1.'
~~~~4
:;
()
~
~
?-
to
tJ1
'"
';'l
E:::
~
.}I1
-
.....
o
-
-
,,1'-'<sPo.s~
,,"" Q",
I!o!~~-~"{';. -e=
z . F; :;;w~-
? ~ PlTf<[YBOWE5
021A $ 01.500
0004"300371 JUL 12 2002
Mi',\LED FROM ZIP CODE 19103
... w t"' Q>Z
N S' ""~..
" '" e;- e
i:l '" '"
~"'..
)> '" '" i:l
;:I. .., ~
n'
iO
z
c:
3
C"
CD
...
V>
~
()
~
I
t"'
~
~
()
.}I1
V>
o
'0
t'l
t"'
~
i:5
.E;
~
:r:
ell F
t;J r
""
)>
-
N
V>
~
t;J
~
)>
><:
tJ
.F'
t;J()tJ2
~ ~ ~ ~
(3 ~ .~ ~
~ ~ ~ ~
~ @ ~ ~
~ ~ ~
'"':I en =.
~ Sil ~
~ ~ ~
<: to ~
i:5 ~ tJ1
.E;. ~
() tJ tl
~ ~ 8
~ :;l ~
~ ~ ~
)> W
o Z
'ti 0
~ ::l
~ :r:
~ ~
. 0
"" <:
~ ~
~ ~
~~ ~~
i ~
to t"'
~ .}I1
o ""
. )>
"" -
)> z
- -
..... W
-
o
V>
V>
o
'0
tJ1
t"'
t"'
~
:;
8
-
-~(
! .'
f:~ ~', ,.-
i ~
,
, ,
\:'" .
(,"'1-, .'
'It.,
<~, .
"C-~-
::r' 0\ '.,
:::,:..... t11
0>......"1:l
~~~~tIj
~>r1(")
~. fl
> ~&, ~
-so>
-.o,,~
o~~>-o
Y'totrgJ
~~~l""
...",gJ!Z
~ ~ tn"
t;;" p.. g l""
:t. o' ~
=cn::s'"O
~ S.
. ft
t::l_
~~
c; 0
"
..
o
~
.;~EF~-;~"
-""~s>,,
. ~,>-\
} \~- \,
. \In\
131
i~)j
f,)
/./}
,i!:>/
~-
-
4
~
\ ~1,l
\Pf\l\
Ji)' .
~,,',,',' "
, ~ \
@
~~~~2~
a_.=-'~~
~a~;;;:5i'=-
a.=g:;==
~a~=aQ.
~S'~ai:j"~
-. Q. ~ g Q. ~
_~=-_~'"t
3:a~"'la='
.= m=-.
=-.3/:5-.Q
=q=:=q=
!.-= _. III -= ~
~-a~~~~
gS!:5I ~.~r
... ~=C~_.
~;;. ft'~. go::
w~a~'"t~
~ UI = = ;.i
=o::;.-.m-. ~
Q. ~'< = '"t;:Z
~:1 ~ S:- \loW
~!;j;;"~ = 'oW
S';:zS!:~q~
:.~,g~~Q.
-.....==-.=
a~~=g~
lit a. ~ "= = ~
.... -= ~ ....-.
o' a ;:z "0 = ~
= ~ III _.0 ;:
:FIll~=Q.
..... III s:. ~ dB -.
s~~;c!
~ :Sl 3,8: g-. '"t
;:~~~e::
trQ =- ~ - m c:t.
~-8rS-Q.g
a.=' ~ ~!2.
c e: _. = '"t
; :; a a J:
- -..... g -.
6'~ $?,!it;.
a lB Qj9 = ;:z
;:=lBlS,Q.
;;:'~~i
~;-:S~:::
;r -= '0 ~
~ ~ i ;-
.
~:;'
~ ..
~ - ~
~z '"'
_. =
i<S
~ '"
..~
",.
..., 0
"'~
~
.
..
~
.
~~ ~
n ..
m._
~ z ".
..= g;
~S
'"
"'~ t.,i
o .
:=.~ 7l
0", ~
8-.
- ~
~ ~ ~
~
..,..
.gl
~i
.!~
'"
'"
~
.
'Z
.
6
~
o
~
~
~
".
6'
,.
~
~
~
'"
'"
'"
...,
,.,
'"
"'
'"
"'
'"'
<A
." j\':,
t'"
6.
~
g,~~
~Q.a
= ii ~
ft'1ll Jll
. .
..
. :~>
. I
. : ail
.
",a.
~ .
.
"'...;'"
='"'...; =-:=!['Ij
~ ;;-=c
>~o 6 ~~f
~"'~ . .. .
"''''''' 0 e:~
"'~= ...
> p ~
~~=; .. ;!!~
..
~zo i ~~...,
~'" "'-[;i
~=~ . ~.
!' SNt"'I
"'Fl '" ~~
"'t"'", ::r
i%l'" ~ ;;
0'"
e;Z . '"
. '"
.. '"
'"
~
0
El
n
~
>
..
..
i
,"...~f'ij f'08/A
Q"" '''''
IE~~ 11
Z ,--- ~~
? __ PflN('i BO\ll.'f':~
02 1A $ 00.900
0004300377 AUG 28 2002
MAILED FROM ZIP CODE 1 9 1 03
.~
~- 01
,,.
<'
"
.~~ . , ^"'< " . I';':'
'f,j
J.
~
i
I TO:
,
,
i
,
i
;
,
I
;
,
'~
!
j
i
I
I
,I
,
?LbO 3"1{]1 981J1J 8S91J 7993
JACQUELINE A. BEST-MCKljE
509 ELLENROAD
CAMP HILL, PA 17011
SENDER:
land-sales
REFERENCE: #008762619
PS Fonn 3800. June 2000
RETURN Postage
RECEIPT Certified Fee
SERVICE
Return Rece;pl Fee
Restricted Delivery'
Total Postage & Fees
US Postal Servioe
I
"
'i
,
!
i
i No Insurance Coverage Provided
! Do Not Use for International Mail
L..m.__.m...mm__mm.___mm..._..__...____.__.._..m_.__.__n__.mnmm._.__n
Receipt for
Certified Mail
","0,'
~' .~.
. ,.........'
,
'"
FEDERMAN AND PHELAN, LLP.
by: Daniel G. Schmieg, Esquire
Atty. I.D. No. 62205
One Penn Center Plaza, Suite 1400
Philadelphia, PA 19102-1799
(215) 563-7000
ATTORNEY FOR PLAINTIFF
GMAC MORTGAGE CORPORATION
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
vs.
JACQUELINE A. BEST-MCKEE
NO. 01-1552 CIVIL
PLAINTIFF'S PETITION FOR REASSESSMENT OF DAMAGES
Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, moves the Court
to direct the Prothonotary to reassess the damages in this matter, and in
support thereof avers the following:
1. This is an action in Mortgage Foreclosure in which Judgment was
entered by default dated MAY 4, 2001 in the amount of $115,584.06.
2. A Sheriff's Sale of the mortgaged premises was postponed or stayed
for the following reasons:
The Defendant (s) filed a Chapter 13 Bankruptcy
(#01-04787RJW) filed on SEPTEMBER 4, 2001. Plaintiff obtained relief from the
automatic stay by the Order of Court dated JUNE 28, 2002.
3. The mortgaged premises are listed for Sheriff's Sale on DECEMBER 4,
2002.
4. Additional sums have been incurred or expended on Defendant (s) ,
behalf during the time the sale was postponed or
-~'"
.
-."
1- ."'-~
. ~,,~
-
",,~,'
.
stayed, and Defendant(s) have been given credit for any payments that have been
follows:
made since the judgment, if any.
Principal Balance
Interest Amount
2/1/01 through 12/4/02
Late Charges
Legal fees
Cost of Suit and Title
Sheriff's Sale Costs
Inspections/Other
Appraisal Fees
Escrow
C:redi t
Deficit
TOTAL
The amount of damages should now read as
105,731. 44
14,647.89
0.00
4,000.00
1,102.00
873.47
17.00
0.00
0.00
3,175.15
$129,546.95
5. Under the terms of the mortgage, Plaintiff is entitled to inclusion
of the figures set forth in paragraph four in the amount of judgment against
the Defendant(s).
WHEREFORE, Plaintiff respectfully requests this Honorable Court issue an
Order to the Prothonotary to
""....c;5J~=~ ~v..
Daniel G. Schmieg, ESQUIRE
Attorney for Plaintiff
-2 -
",,~--~~
.,H"
I .~
t ,,,
'~.d.
FEDERMAN AND PHELAN, LLP.
by: Daniel G. Schmieg, Esquire
Atty. 1.0. No. 62205
One Penn C$nter Plaza, Suite 1400
Philadelphia, PA 19102-1799
(215) 563-7000
ATTORNEY FOR PLAINTIFF
GMAC MORTGAGE CORPORATION
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
vs.
JACQUELINE A. BEST-MCKEE
NO. 01-1552 CIVIL
BRIEF OF LAW IN SUPPORT OF
PLAINTIFF'S MOTION TO REASSESS DAMAGES
I. BAeKGROllND OF CASE
Plaintiff and Defendant (s) entered into a Promissory Note and Mortgage
Agreement, wherein Defendant (s) agreed to pay Plaintiff principal, interest,
late charg~s, real estate taxes, hazard insurance premiums and mortgage
insurance premiums as said monies became due.
In turn, Plaintiff's Note was
secured by a mortgage on the subject premises.
The Mortgage Agreement
indicates that in the event Defendant (s) defaults, Plaintiff may pay any
necessary obligations in order to protect its collateral, the subject premises.
In the case sub iudicia, Defendant (s) failed to abide by the Mortgage
Agreement by failing to tender numerous, promised monthly mortgage payments.
Accordingly, after Plaintiff determined that Defendant (s) were not going to
cure the default and bring the loan current, Plaintiff conunenced a Mortgage
Foreclosure Action.
Judgment was subsequently entered by the Court, and the subject property
is scheduled for Sheriff's Sale.
Because of the excessive period of time between the initiation of the
Mortgage Foreclosure Action, the entry of Judgment and the Sheriff's Sale date,
damages as previously assessed by the Court are outdated and must be increased
to include current interest, real estate taxes, insurance premiums, and other
expenses which Plaintiff has been obligated to pay under the Mortgage Agreement
in order to protect its interest.
~~
. ''''", . . ~~
"-~
"~~-
,
II. ARGUMENT FOR REASSESSMENT OF DAMAGES
The Pennsylvania Rules of Civil Procedure are silent with respect to the
issue of Reassessment of Damages; however, Rule 1037 provides, "the
Prothonotary shall assess damages for the amount which Plaintiff is entitled if
it is a sum certain or which can be made certain by computation..." In the
instant case, the amount to which Plaintiff is entitled is readily calculated
by review of the Mortgage Agreement, which is of record, together with the
Complaint which specifically lists the items chargeable.
Clearly, if Rule 1037 gives the Prothonotary the right to assess damages
for the amount to which Plaintiff is entitled as set forth in the Complaint,
the Court has similar power to reassess damages at a later date.
In addition, Rule 1037(a) provides that the Court, on motion of a party,
may entelC an appropriate judgment against a party upon default or admission.
If the Court has the power to enter judgment, it certainly has the power to do
a lesser act, to wit, reassess damages.
It is settled law in Pennsylvania that the Court may exercise its
equitable powers to control the enforcement of a judgment and to grant any
relief until that judgment is satisfied. 20 P.L.E., Judgments Sec. 191. See
also, Stephenson v. Butts, 187 Pa.Super 55, 59, 142 A.2d 319, 321 (1958); Chase
Home Mortqaqe Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super
1988) .
In Chase Home Mortqaqe, the Court stated that where a judgment has been
assessed following defendant's failure to file a responsive pleading in a
mortgage foreclosure action, a mortgagee "... could properly move the court to
amend the judgment to add additional sums due by virtue if the mortgage's
failure to comply with the terms of the mortgage agreement..." Id. at 24.
Because a judgment in mortgage foreclosure is strictly in rem, it is critical
that the judgment reflect those amounts expended by the Plaintiff in protecting
the property. See Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335
(1971) .
Plaintiff submits that if Plaintiff went to sale without reassessing
damages, and if there was competitive bidding for the subject premises,
Plaintiff would suffer irreparable harm in that it would not be able to recoup
monies it paid to protect its interest. Conversely, a reassessment of damages
-,-~ ~"-~
" -
, >
"
,. ""=~
~:
will not be detrimental whatsoever to Defendant (s) as it imputes no personal
liability.
The Supreme Court of Pennsylvania found in the Landau v. Western Pa. Nat.
Bank case that the debt owed on a mortgage
changes and can be expected to change from day to day, because Western
Pennsylvania must pay expenses for the property in order to protect its
collateral. 445 Pa. 117, 282 A.2d 335 (1971). Because a mortgage lien is not
extinguished until the debt is paid, Plaintiff must protect its collateral up
until the date of sale. See Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d
826 (1939).
Therefore, Plaintiff respectfully submits that if the enforcement of its
rights are delayed by legal proceedings and enforcement of its judgment, and
such delays require the mortgagee to expend additional sums pursuant to the
Mortgage, then said expenses become part of the mortgagee's lien and should be
included in said judgment.
As the Court indicated in FNMA v. Jefferson, an
unreported case a copy of which is attached hereto, since the charges
enumerated in Plaintiff I s Motion for Reassessment of Damages were incurred
pursuant to the Mortgage Agreement, and the mortgage had not yet been paid,
said charges should be included in Plaintiff's judgment amount. May Term, 1986,
No. 2359 (CCP PHlLA. 1986).
III. CONCLUSION
Plaintiff respectfully requests this Honorable Court grant its Petition to
Reassess Damages.
Plaintiff respectfully submits that it has acted in good
faith in maintaining the property in accordance with the Mortgage, and in
reliance on said instrument
with th~ understanding that it would recover the monies it expended to protect
its collateral.
WHtREFORE. Plaintiff respectfully requests this Honorable Court to
reassess the damages as set forth in the Petition to Reassess Damages.
's:tAND c:: LL'.
DANIEL G. SCHMIEG. ESQUIRE
ATTORNEY FOR PLAINTIFF
'.
"",,'-',
. .
, '~.. ~~"~
I . oJ; w
~
~j'
, .
R;;:cti\I:~r' ....-. I.
_ -: .\-Ill ~ C :.} ~.,;, '.~.' 1
85{\
..z,
-.'
14~ ~3/.s
FEDERAL NATION1,r. .lORTG1,GE
ASSOC!l\TION
C:OUR7 OJ: COMMOH PLl.l,S
I'H!L".DELP!l!l\ Co.u~rr't
CIVIL TR!AL DIVisION
.' .
1/5.
JOSEPH JEFFERSON' anci.
. ROSIE JEFFE.!<SON, hi;; '''ife
HA'{ TERM,' 1982! ;'1'.
NO. 2359 .,,"1i!
:.
,
ORDER ANO OPINION
WRITE, J.
AND NON, this
'. 7' day of
.:--
rea
, 111d6,
upon consideration of plaintiff: Fecicr~l National Hortgaqc
Association's Petition for Reconsideration Nunc Pro Tunc of
this Court' s Order of November 7, 1985 and the i'.nswer th{,rGto
of Defendants, ~oSQph Jefferson and Rosie Jeffe:son, it is
hereby'ORDEReD and DECREED as'follOWs:1
1} Said p~t~~on is GRAN'l'fD:
O,i". ' ,
_<;1.: ,<:,\ '
2) ~~fi{~Ottrt's Order of November 7, 1985 i~
.,,,.'!o' . ,..(";'.' . ,,,:"" .
::t..,... '-_ ~. ,\,"
REVERSED and~1ainEit~.s Motio~cfor R~assessmcnt~c; Damaqcs Ls
'\"'~ ~.:v'~'W
',4' h\"
\ ~ . oJ""
\' ,.
i'!',\'.,)o
';i\{,- . . ,
3) J~~~~t is h~reGy incrcafl~d to $6,141.11.
t
I
'.
'-
GRANTED;
aecau$'~ P1,!'.intiff was reqi.lired to act:ept cut'rtlnt
I.. :
mortgage payment.s upon th~ f.i1ing of ,Defendants' bo.nkrupt.c;y
. .
petition and in fact did so, it is necossary t.o I'C<lllSI!SS
the an:ount of da~lage.s that initially were assessed Olfl:or
judgment by default was' entered in this action. Because
Defendants have not refuted the specific amounts claimed
- 1 -
,
I ,JU~.:ou :;;~ J...,). t./U .1"".....1..<.11 n .......-....---." ....,
l' .J '.
'..
. - ,
",
/.
/'
" '-
.
.',
.-
by Plaintiff in the instant Motion for Reassessl1lcr:t, tlli,;
Court finds that Defendants have admitted these amounts,.
?u~suant to ?a. R.C,P. l029{cl.
BY THE COURT:
~;...:-~
THOMAS A. WHITE, J~
,
\
I
~ I
.
,
..
.
. .
:
:
:
. , .
'.
:
:
.
.
i
,
II
"
,
,
\
."
/
~~~d._~.'~
E"
~'. ..~
'~ ''''c~~'
O-.>"::';^
VERIFICATION
Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff
in this action, that he is authorized to take this affidavit, and that the
statements made in the foregoing Petition for Reassessment of Damages are true
and correct to the best of his knowledge, information and belief.
The
~"
undersigned understands that this statement herein is made subject to the
penalties of 18 Pa. C.S.
g4904 relating to unsworn falsification to
authorities.
~
DATE: September 9, 2002
ccQ
~
Daniel G. Schmieg, Esquire
Attorney for Plaintiff
,- ,'"
-.' '')~i:i
FEDERMAN AND PHELAN, LLP.
by: Daniel G. Schmieg, Esquire
Atty. I.D. No. 62205
One Penn Center Plaza, Suite 1400
Philadelphia, PA 19102-1799
(215) 563-7000
ATTORNEY FOR PLAINTIFF
GMAC MORTGAGE CORPORATION
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
vs.
JACQUELINE A. BEST-MCKEE
NO. 01-1552 CIVIL
AFFIDAVIT OF SERVICE
Daniel G. Schmieg, Esquire, hereby certifies that a copy of
Plaintiff's petition for Reassessment of Damages have been sent to the
individuals indicated below on September 9, 2002.
JACQUELINE A. BEST-MCKEE
509 ELLEN ROAD
CAMP HILL, PA 17011
DATE: September 9, 2002
uC/v~
Daniel G. Schmieg, Esquire
Attorney for Plaintiff
;~m.1i't~~'ili.j,~ItJj;;;'1;fflffiffil!3<ffl!~'~~.@pj~w"',M(',.} ':';;"';','U";"",;H_ '_-.liAi:'MH""l"",,,J;W>,~--k~~_i~"" - ~'"""'''~''lI~ll:ii!iF&'
"
f
~
_lJ)~
m
.<,~. <.< ~. ~n~~'>
.-~-
"."~ .u
> "-- ,.~ ,~,
"Ii'ut-
" rl ..,
o
-C~
I-n;--I
:"~'...T'
~::: (
~~~
~C!
2:;,'-,
~C)
.....~c.:
:z
~
o
f"'..)
:/')
""
~u
-
o
-;1
.~
- ~~ ~,T!l
, 'f-~
~-q
{.....J
t..~:)
,.
-on
[--)
,'~, rn
,--,'
):-.,
:J:J
-<
-r;.l
::;:
~?
r0
~~"'~
~ ~~,-
.
"" ,-
"" -, " '~"','~i
"
.
+
FEDERMAN AND PHELAN, LLP.
by: Daniel G. Schmieg, Esquire
Atty. I.D. No. 62205
One Penn Center Plaza, Suite 1400
Philadelphia, PA 19102-1799
(2151 563-7000
ATTORNEY FOR PLAINTIFF
GMAC MORTGAGE CORPORATION
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
vs.
JACQUELINE A. BEST-MCKEE
NO. 01-1552 CIVIL
AND NOW/ this
lb
day of
RULE
~-
~, a Rule is
entered upon JACQUELINE A. BEST-MCKEE, Defendant (s) to show cause why the
attached Order for Reassessment of Damages should not be entered.
RULE RETURNABLE the
~ &uv evR2-/lP~
__ n;::jY nt...".-,
--
J.
'-.
4' ~
\/\itl'>- '"
0\" '. x. ()'
~ ~ c.~
C"\f/ IV
rv~~
(
~,
"
,~
+ L
OF " " "' ..'."
c "
FEDERMAN AND PHELAN, LLP.
by: Daniel G. Schmieg, Esquire
Atty. I.D. No. 62205
One Penn Center Plaza, Suite 1400
Philadelphia, PA 19102-1799
(215) 563-7000
ATTORNEY FOR PLAINTIFF
,.
GMAC MORTGAGE CORPORATION
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
vs.
JACQUELINE A. BEST-MCKEE
NO. 01-1552 CIVIL
PRAECIPE FOR RULE TO SHOW CAUSE
TO THE PROTHONOTARY:
Kindly enter a Rule upon JACQUELINE A. BEST-MCKEE, Defendant (s) to show
cause why the attached Order for Reassessment of Damages should not be entered.
aY~
Daniel G. Schmieg, Esquire
Attorney for Plaintiff
.~, ~~
.l....~
,,'
- ~
"
,l.-_
:..' ..~ ....-~, ~ - ~ ...."'~
,
,
'.
c
. '
,
FEDERMAN AND PHELAN, LLP.
by: Daniel G. Schmieg, Esquire
Atty. I.D. No. 62205
One Penn Center Plaza, Suite 1400
Philadelphia, PA 19102-1799
(215) 563-7000
~!
ATTORNEY FOR PLAINTIFF
/k
GMAC MORTGAGE CORPORATION
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
vs.
,",.
JACQUELINE A. BEST-MCKEE
NO. 01-1552 CIVIL
CERTIFICATION OF SERVICE
I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Rule
Returnable Date of October 10, 2002 and a copy of Plaintiff's petition for
Reassessment of Damages have been sent to the individuals indicated below on
September 20, 2002.
JACQUELINE A. BEST-MCKEE
509 ELLEN ROAD
CAMP HILL, PA 17011
cOzeA-
Daniel G. Schmieg, Esquire
Attorney for Plaintiff
Date: September 20, 2002
~~_~rlli~~i!!;'ii1_ii>,ill!ili~Wi;~'H"-'~'l'~,j;..'j,~,~~-'fu.1;\t-,,;.i:1';:;;&JI;;J;f.E"'~i~~;lifi'iiiitl'l"a"IIN~~~~(l!jjj ,:rr ,'.
J
~
"
lf1n u
~._-,"
~ 0 ~
N
tn ,-1
i~ ,.., ':I: -rl
-0 n"1r::
N ,..?m
C w ~~,
~:
.<,
C!
'<' -0 .,,-~
~O ::0: 90
~2 t:2 5m
'i;;j
~ v;> 5J
0 '<
'"
.
~
-"
'.
A'_
-.1_"~
. '. ~ ~~' ~-:
'.
FEDERMAN AND PHELAN, LLP.
by: Daniel G. Schmieg, Esquire
Atty. I.D. No. 62205
One Penn Center Plaza, Suite 1400
Philadelphia, PA 19102-1799
(215) 563-7000
ATTORNEY FOR PLAINTIFF
GMAC MORTGAGE CORPORATION
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
vs.
JACQUELINE A. BEST-MCKEE
NO. 01-1552 CIVIL
MOTION TO MAKE RULE ABSOLUTE
Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, hereby petitions
this Honorable Court to make Rule to Show Cause absolute in the above captioned
mortgage foreclosure action, and in support thereof, avers as follows:
1. That it is the Plaintiff in this action.
2, A Petition for Reassessment of Damages was filed with the Court on
September 20, 2002 and Rule was entered upon Defendant(s) JACQUELINE A. BEST-
MCKEE on September 20, 2002 to show cause why the Order for Reassessment should
not be entered.
A true and correct copy of the Rule is attached here to as
Exhibit A.
3. The Rule to Show Cause was timely served upon all parties in
accordance with the applicable Rules of Civil Procedure, and a Certification of
Service is attached hereto B.
4. Defendant (s) failed to respond or otherwise plead to the Rule
Returnable date of October 10, 2002.
WHEREFORE, petitioner prays this Honorable Court make the Rule to Show
Cause absolute and enter the Order for Reassessment of Damages.
cYIC:::
Daniel G. Schmieg, Esquire
Attorney for Petitioner
~",,~~p<<~._t~. "~'.,",", .,,_ ,~__:;,...
/
~ "
~-'
~, ,',
~I-"".,, '"~?'
/
;"" SEP131001
/ FEDERMAN AND PHELAN, LLP.
/ by: Daniel G. Schmieg, Esquire
Atty. I.D. No. 62205
One Penn Center Plaza, Suite 1400
Philadelphia, PA 19102-1799
(215) 563-7000
tl: 00'1> 7 bZ. tc f '1
ATTORNEY FOR PLAINTIFF
GMAC MORTGAGE CORPORATION
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
vs.
JACQUELINE A. BEST-MCKEE
NO. 01-1552 CIVIL
RULE
AND NOW,
this J &
day
of0ep+e.m beR
,_J..Od2 , a Rule is
entered upon JACQUELINE A. BEST-MCKEE, Defendant (s) to show cause why the
attached Order for Reassessment of Damages should not be entered.
20 d~s Gfte.E\ ~e..RV'1 c.e. .
RULE RETURNABLE th!i;i ..::1""'1" ,..,~ I'
BY THE COURT:
J5Jclfill {J /1,)(
.
-,
~'-~7'r'-~'-"-'
/
'/
I,
-
-
,,,",,-,,,,","-,,,I'i
..~ -
li'ai!;f~"'~ ._, ~ , l~.,,;~giid,A
FEDERMAN AND PHELAN, LLP.
by: Daniel G. Schmieg, Esquire
Atty. I.D. No. 62205
One Penn Center Plaza, Suite 1400
Philadelphia, PA 19102-1799
(215) 563-7000
ATTORNEY FOR PLAINTIFF
GMAC MORTGAGE CORPORATION
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
vs.
JACQUELINE A. BEST-MCKEE
NO. 01-1552 CIVIL
CERTIFICATION OF SERVICE
I, Daniel G. Schmieg, Esquirel hereby certify that a copy of the Rule
Returnable Date of October 10, 2002 and a copy of Plaintiff's Petition for
Reassessment of Damages have been sent to the individuals indicated below on
September 20, 2002.
JACQUELINE A. BEST-MCKEE
509 ELLEN ROAD
CAMP HILL. PA 17011
Q)~cy:'-
Daniel G. Schmieg, Esquire
Attorney for Plaintiff
Date: September 20, 2002
"
-.iIIIlli""'-~ ,~,... ",1i'.'M;;
VERIFICATION
Daniel G. Schmieg, Esquire, hereby states that he is the attorney for
Plaintiff in this action, that he is authorized to take this affidavit, and
that the statements made in the foregoing Motion to Make Rule Absolute are true
and corl:"ect to the best of his knowledge, information and belief. The
undersigned understands that this statement herein is made subject to the
penalties of 18 Pa. C.S.
~4904 relating to unsworn falsification to
authorities.
DATE: October 11, 2002
G
Daniel G. Schmieg, Esquire
Attorney for Plaintiff
,,~- '".~~" ~
~ ,
~'.
HI) JU&tJ>L '~~"';:;'lE;;;,'J
FEDERMAN AND PHELAN, LLP.
by: Daniel G. Schmieg, Esquire
Atty. I.D. No. 62205
One Penn Center Plaza, Suite 1400
Philadelphia, PA 19102-1799
(215) 563-7000
ATTORNEY FOR PLAINTIFF
GMAC MORTGAGE CORPORATION
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
vs.
JACQUELINE A. BEST-MCKEE
NO. 01-1552 CIVIL
CERTIFICATION OF SERVICE
I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Motion to
Make Rule Returnable has been sent to the individuals indicated below on
October 11, 2002.
JACQUELINE A. BEST-MCKEE
509 ELLEN RoAD
CAMP HILL, PA 17011
d~-
Daniel G. Schmieg, Esquire
Attorney for Plaintiff
Date: October 11, 2002
_~~i~"i-'",";:2Wlllit!m;H;:I!!a;;,,,~Ji,1~;'i,;-.,,:';;".ei,;;,,':,,,*';,1~,~"~,","Si".;1!.W~","J~;~~~i~~,l olll!l'I.f:,&i~"j'~'~J","",,"'~~'~
~ . ,,~
. ;,~-"",~, ~-
"""'" ~""
(") CI
~ C 1"
<-:" r":}
-or;;.";
~ 9 !5" :'~')
... --;
~
""' a -<..Z" tn .
- kC'; , -
l,v Lv ."0 -~~ ,~)
P-. "
C Zu -~"' ..
00 "9 j pC) t;}') ~ji-'l
-l:. ~ c
z
CI t' =< <"-" 3:i
C) -<
J
~
"",J"o",J,o"tth..~~",~_,,,_~J ,.~" ~ "C< ~_,,~,~
, ,'~_ ,,~,"'~~'" ,""0',0,,> _ _ ~, ~"
,e,
~
,-~- ~ <'"
,~~
"
FEDERMAN AND PHELAN, LLP.
by: Daniel G. Schmieg, Esquire
Atty. I.D. No. 62205
One Penn Center Plaza, Suite 1400
Philadelphia, PA 19102-1799
(215) 563-7000
GMAC MORTGAGE CORPORATION
vs.
JACQUELINE A. BEST-MCKEE
AND NOW, this
11
day of
Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that
c'.'
,1,-
~, 'r~Il:t~\1W.c
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 01-1552 CIVIL
ORDER
~ ,20021 upon consideration of
the Rule entered upon Defendant (s) shall be and is hereby made absolute and
Plaintiff's Petition is GRANTED and it is further
follows:
ORDERED that the Prothonotary reassess the damages in this case as
Principal Balance
Interest Amount
2/1/01 through 12/4/02
Late Charges
Legal fees
Cost of Suit and Title
Sheriff's Sale Costs
Inspections/Other
Appraisal Fees
Escrow
Credit
Deficit
TOTAL
105,731.44
14,647.89
0.00
4,000.00
1,102.00
873.47
17.00
0.00
0.00
3,175.15
$129,546.95
Plus interest per diem from 12/4/02 through Date of Sale at six (6%) percent.
BY T
NOTE: THE ABOVE FIGURE IS NOT A PAY OFF
AND COMMISSION ARE NOT INCLUD IN
J.
~~I~I"~lIii.lM..M'",iW~~1fi;i",,!!{~,.;';!'1,,""h';;;;~JJ:"""lii'fO'.;:(';'W,!If>i~~Illlt<_~ei!:;'~"'~~' ''''''''"'~'~lL ,-,;,
,
?-Pf
t~ ~
t ~ t
~
~ ~
'P'~ G
yl
~-'
.~
"., q.\,r:\d
\l\~~!ll\~~.",~ ;'~.:;" ;~.';:,\f\\\\C)
...,/, \ ,'-',
'lIi!\.\nJ, \,} ,
i\ 'il.'"
r" "'.
t) t'L'
'J ,,\^,
. \ "j' (,,-'
, .\.~
,.
,-
'~'ti.;,jic':,o-"",~>"~",.,"",""~",'~"~"';'I...a.""""",,,,,~tillk;&....l_'
) . 'II....
,
f
~ ~
,~,
"'~
'"""-'.>~, ~~".l.. ,'.
-.il;/i@ ,,-c~~fJ;
......~
.
~
GMAC Mortgage Corporation
VS
Jacqueline A. Best-McKee
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2001-1552 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED pursuant to instructions from Attorney Frank Federman.
Sheriff s Costs:
Docketing
Surcharge
Law Library
Prothonotary
Mileage
Levy
Advertising
Posting Handbills
Share of Bills
Poundage
Law Joumal
Patriot News
Certified Mail
30.00
20.00
1.00
19.32
15.00
15.00
15.00
25.20
15.14
344.45
270.55
1.53
$ 772.19 paid by attorney
12/11/02
l'~~'
Sworn and subscribed to before me
This;2l'7~1iayof Jo...~
C) ,R. Thomas Kline, Sheri~f
2002, A.D. r<-' a. ~,~ . I ~ . Lti~
BY VOt>'YWLlv I
Prothonotary Real Est e Deputy
..
,\",->,
$1 Jil
. L/z.3Cf/IO
~ /330'17
~!~;:",;--- .
""~~
---
~.>..
~.
-OM'
~ '
" ~~'~:-,
.
GMAC MORTGAGE CORPORA nON
,
CUMBERLAND COUNTY
Plaintiff,
v.
COURT OF COMMON PLEAS
JACQUELINE A. BEST-MCKEE
CIVIL DIVISION
Defendant(s).
NO. 01-1552 CIVIL
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 .509 ELLEN ROAD. CAMP HILL. P A
17011 .
1. Name and address ofOwner(s) or reputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
JACQUELINE A. BEST-MCKEE
509 ELLEN ROAD
CAMP HILL, PA 17011
2. Name and address ofDefendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
. ~, '.".-----------
~~ .I~. ..
~~~
. ~ '"'-'~''''m~':'
,.
"
1
,.
4. Name and address oflast recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
AMERICAN GENERAL FINANCE, INC.
125 GATEWAY DRIVE, SUITE 109
MECHANICSBURG, PA 17055
PENNSYLVANIA HOUSING
FINANCE AGENCY
2101 NORTH FRONT STREET
HARRISBURG, PA 17105
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
509 ELLEN ROAD
CAMP HILL, P A 17011
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. e.s. Sec. 4904 relating to unsworn falsification to authorities.
F^Pii~~^-^
RANK FE ERMAN, ESQUIRE
Attorney for Plaintiff
Julv 1 L 2002
DATE
~ ~-"'.~'." __I '..~
- ~'"
~ ' ' ~
-"'-..,'
. GMAC MORTGAGE CORPORATION
Plaintiff,
CUMBERLAND COUNTY
.
v.
No. 01-1552 CIVIL
JACQUELINE A. BEST-MCKEE
Defendant(s).
July 11, 2002
TO: JACQUELINE A. BEST-MCKEE
509 ELLEN ROAD
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 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 ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY. **
Your house (real estate) at. 509 ELLEN ROAD. CAMP HILL. PA 17011. is scheduled to be
sold at the Sheriffs Sale on DECEMBER 4. 2002 at 10:00 a.m. in the Cumberland County Courthouse,
South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $115.584.06 obtained by
GMAC MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is
continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY DE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent ~is Sheriffs Sale, you must take immediate action:
J. 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.)
ili.'
, '.
,,-,., ~~>
,- ,,~ ,~" " "J1.,:~
~
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as 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
]
.-~ ~ ..._~~-
.~~',.
~~.. - ~~
.,
"""-'!<1~
WRIT OF EXECUTION al1fllor ATTACHMENT
)>,
COMMONWEALTH OF PENNSYL VANIA)
COUNTY OF CUMBERLAND)
NO 01-1552 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION, Plaintiff (s)
From JACQUELINE A. BEST-MCKEE, 509 ELLEN ROAD, CAMP HILL, P A 17011
(I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) notlevied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property ofthe defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant( s) not levied upon an subject to attachment is found in the possession
of aJlyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $115,584.06 L.L.
Interest FROM 5/4/02 TO 12/4/02 (PER DIEM - $19.00) - $11,020.00 AND COSTS
Atty's Conun % Due Prothy $1.00
Atty Paid $994.03 Other Costs
Plaintiff Paid
Date: JULY 15, 2002
(Seal)
CURTIS R. LONG
ProthOZ p ~ ~
<&Y: 0..,.. fL . YVlA', r, U~
Deputy
REQUESTING PARTY:
Name FRANK FEDERMAN, ESQUIRE
Address: ONE PENN CENTER AT SUBUBAN STATION
1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400
PHILADELPHIA, PA 19103-1814
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ill No. 12248
',- ~t!!!-~illW,"Mi~\~!i-'i'_:ii;',,",',n,,-,~,'Hi.:?'j".ili',Ji",~l,::N.'",~>,'F",----.o>.,""i','~" ",,-~>, "'.H".>>;,;:",:.:;;-'0;,..;ii;&~~-.Mlw;i~:;t:!,t',f~'4~;fJ,~ ~""~'.dii!ikt ,-
, ,
Real Estate Sale # 07
On August 9, 2002 the sherifflevied upon the
defendant's interest in the real property situated in
Hampden Township, Cumberland County, P A
known and numbered as 509 Ellen Road, Camp Hill
more fully described on Exhibit "A" filed with this
writ and by this reference incorporated herein.
Date: August 9, 2002
By00ch4-SmJ:C1
Real Estafu Deputy
. ! t i, I .: :,.1, lr.~~! d
I', "',', \
1.)(
, , .
Sl lOr
{r~
U~h
~J1\I~?n-!!'~: ~"~:,"
. ",;:~.j
, j;:',~jjlJ1l
'H'"
liItiI.4!llIiIIw",
~
~
~
.
,"
,
.../"
. .
THE
i
I
THE PATRIOT NEWS
I
SUNDAY PATRIOT NEWS
.
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Com onwealth of Pennsylvania, County of Dauphin} 55
CUMBERlAND COUNTY SHERIFFS OFACE
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
$
$
$
268.80
1.75
270.55
By....................................................................
~.........I.ii.J.I>lI;'~~"'~.~~~_~
"
,
i'
""",,,-, '~ -~-
REAL ESTA'l'E SALE NO.7
Writ No. 2001-1552 Civil
GMAC Mortgage Corporation
vs.
Jacqueline A. Best-McKee
Atty.: Frank Federman
ALL TIJAT CERTAIN tract or par-
cel of land and premises, situate,
lying and being In the TownshIp of
Hampden In the County of Cumber-
land and Commonwealth of Pennsyl-
vania, more particularly described as
follows:
BEGINNING at a point on the
eastern line of Ellen Road which
point is at the dividing line between
Lots Nos. 144 and 145 on Plan of
Lots hereinafter mentioned: thence
South eighty-six degrees foW' min-
utes East (S 86' 04' E) and along
the dividing: line between Lots Nos.
144 and 145 on Plan of Lots here-
inafter mentioned, a distance of one
hundred five (105) feet to a point
on the rear lot line of Lot No. 135 on
Plan of Lots hereinafter mentioned;
thence North three degrees fifty-six
minutes East (N 03' 56' E) and along
part of the rear lot lines of Lots Nos.
135 and 134 on Plan of Lots herein-
after mentioned. a distance of nine-
ty (90) feet to a point at the dMding
line between Lots Nos, 145 and 146
on Plan of Lots hereinafter men-
tioned; thence North eighty-six de-
grees foW' minutes West (N 860 04'
W) and along the dMdlng line be-
tween Lots Nos. 145 and 146 on Plan
of Lots hereinafter mentioned, a dis-
tance of one hundred five (105) feet
to a point on the eastern line of Ellen
Road; thence South three degrees
fifty-six minutes West (S 030 56' W)
and along the eastern line of Ellen
Road a distance of ninety (90) feet
to a point. the point and place of BE-
GINNING.
BEING Lot No. 145 on Plan of Lots
known as Part of Country Club Park
which Plan is recorded in the Of-
fice of the Recorder of Deeds in and
for Cumberland County in Plan Book
21. Page 42.
HAVING THEREON erected a
two story brick and frame dwelling
known as and numbered 509 Ellen
Road, Camp Hill. Pennsylvania.
BEING COUNTY TAX PARCEL
NUMBER: 10-20-1848-306.
TITLE TO SAID PREMISES IS
VESTED IN Jacqueline Best-McKee
by Deed from Edward J. Vanblar-
gan and Nancy A Vanblargan. his
wife, dated 10/22/93, recorded
10/29/93 in Record Book P-36.
page 772.
I=~"~ r-
"
l,. ."",,;V:'-
-.>._,
,. .
..
.
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, Esqnire, Editor of the Cumberland Law Journal, ofthe County
and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland
Law Journal, a legal periodical published in the Borough of Carlisle in the County and State
aforesaid, was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
VIZ:
OCTOBER 25, NOVEMBER 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.
)
Rdger M. Morgenthal, Editor
~
SWORN TO AND SUBSCRIBED before me this
8 day of NOVEMBER. 2002
SEAl.
LOIS E. SfIlYDER, NoIaIy PublIc
CarflsIe Boro, ~ County
My CornmIs6ioo Ellpm Man:h 5~ 2005
,~-~~
~~
-
-
,
~ "-
~~"" "~;:-;",\-
\
PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P. 3180-3183
GMAC MORTGAGE CORPORATION
Plaintiff,
v.
No.Ol-1552-CV
JACQUELINE A. BEST-MUROSKI A/KJA
JACQUELINE A. BEST-MCKEE
Defendant(s).
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
$115,584.06
Interest from 5/4/01 to 9/3/03
(per diem -$19.00)
$ 16.207.00 and Costs
TOTAL
$131,791.06
~~~
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.i)!till!~I.~.~~V,rii;.,,~~@,\)~t'-'!""'''iC ,'f~"""'~'"'",,,wL'bka,~fitiil."'" ~, "": ~ItlQItIIlOlrr "[fUJaI~~D~__II'!'l-'lll!i~ilil\~i\_""':'J!5lzjj """""-"'-""'w'_
'-,
~~~
U! ~:~;:
~!;'!7
,.:1.
...=S
o~
00>
~~
==00
zZ
oZ
:?J!r:
:?J .
o~
uz
...;;;;>
00
Eo<U
~~
0<
Usa
f;Iilf;lil
~~
...U
<:'.J
I....:
)-
~-
'/...::
~.~<(
'.~J7
)~
-..<
-,
-i:::J
'--r
.~S@
'-.S:Z
'---'." l.lJ
:'0-
:5
U
,=,,1
CD
-,,"
.~~,- ~,','
Z
o
...
~
o
~
o
U
rs
~
~
o
:?J
U
~
"
.;
..
f;Iil
~
U
:?J
,
Eo<
00
f;Iil
IX!
<
~
...
...l
f;Iil
;;;;>
0'
U
<
...
~
~
~
00
~
;;;;>
:?J
~
00
f;Iil
IX!
<
~
...
...l
f;Iil
;;;;>
0'
~
Z
o
...
Eo<
;;;;>
U
~~
f;Iil =
'"
... Q
0<:
'"
Eo< ...
;!~
~~
~~
0....
... 8
f;Iil:?J
j:l.,'-'
...
U
~
j:l.,
>---
aQ ~ ,::...::,,;:::';;-
~j ~ ~ ~
I
-0'"
o 0
Vi '
..........J
ot-"1
, ~ ...
~ ::-
I \ / I (
~~~~8.~g
...., r( l.i 0-:- '-1 '-1 0:-
C-- l' "t ..... .....
0., ('..
-i:l
.,
-
.~
~
~
,
,
"
('(
dt
c-..
'1.,.'""
....
....
<=
r--
....
~
..$,
...l"d
... .,
= ~
j:l., 1;l
~]
uid'
~~
o .,
~g.
~
Z e
f;Iil .,
~~
f;Iil
0\
<=
lfl
0;
.,
j
~
8
-.....:
'f>,.
.~~" -...~illi..
I
1
-f-.
.~
'J
r;;. II.l
~ ]
5:;VJ
--9
~
V)
('<)
i;"-
f) -
--.J
~~ 0
'-' al ex
"
~.J,,_....._ L_
- ~ "
, "
~u^~i>
\
ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the
Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more
particularly described as follows:
BEGINNING at a point on the eastern line of Ellen Road which point is at the dividing line between
Lots Nos. 144 and 145 on Plan of Lots hereinafter mentioned; thence South eighty-six degrees fOUT
minutes East (S 86004" E) and along the dividing line between Lots Nos. 144 and 145 on Plan of
Lots hereinafter mentioned, a distance of one hundred five (105) feet to a point on the rear lot line
of Lot No. 135 on Plan of Lots hereinafter mentioned; thence North three degrees fifty-six minutes
Easl (N 03056' E) and along part of the rear lot lines of Lots Nos. 135 and 134 on Plan of Lots
hereinafter mentioned, a distance of ninety (90) feet to a point at the dividing line between Lots
Nos. 145 and 146 on Plan of Lots hereinafter mentioned; thence North eighty-six degrees four
minutes West (N 86" 04' W) and along the dividing line between Lots Nos. 145 and 146 on Plan of
Lots hereinafter mentioned, a distance of one hundred five (105) feet to a point on the eastern line
of Ellen Road; thence South three degrees fifty-six minutes West (S 03056' W)and along the
eastern line of Ellen Road a distance of ninety (90) feet to a point, the point and place of
BEGINNING.
BEING Lot No. 145 on Plan of Lots known as Part of Country Club Park which Plan is recorded in
the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 21, Page 42.
HA VING THEREON erected a two story brick and frame dwelling known as and numbered
509 Ellen Road, Camp Hill, Pennsylvania.
BEING COUNTY TAX PARCEL NUMBER: 10-20-1848-306
TITLE TO SAID PREMISES IS VESTED IN Jacqueline Best-McKee by Deed from Edward J.
Vanblargan and Nancy A. Vanblargan, his wife, dated 10/22/93, recorded 10/29/93 in Record Book
P-36, page 772.
,>~'t;;\""-~""'"-.~~_M_'" .~ 'hQ
~~
~
~~ ~
~ "'
~~-~~,~'. ~,~,~ ,~
-. .It'"
~- "'~-""""""""""">-~",)"",,.I,;''--
WRIT OF EXECUTION andlor ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 01-1552 Civil
CIVIL ACTION - LAW
TO TIlE SHERIFf OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION, Plaintiff (s)
From JACQUELINE A. BEST-MUROSKI AIKIA JACQUELINE A. BEST-MCKEE, 509 ELLEN
ROAD, CAMP HILL, P A 17011
(I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the g;ll1lishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify himlher that helshe has been added as a
garnishee and is enjoined as above stated.
Amount Due $115,584.06
L.L.
Interest FROM 5/4/01 TO 9/3/03 (pER DIEM - $19.00) - $16,207.00 AND COSTS
Atty's COnTIn % Due Prothy $1.00
Arty Paid $1790.22 Other Costs
Plaintiff Paid
Date: MAY 8, 2003
CURTIS R. LONG
(Seal)
Prothonotary
..__By: ~ D .f? 7pOZAI.....r-
Deputy
REQUESTING PARTY:
Name FRANK FEDERMAN, ESQUIRE
Address: ONE PENN CENTER AT SUBURBAN STATION
1617 JOlIN F. KENNEDY BOULEVARD, SillTE 1400
PHILADELPHIA, PA 19103-1814
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ill No. 12248
,,"
=_.
~"
~~~t,-c
G
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
/.
MAA I V ,UW
INRE:
MAR 1 0 2Qf33
GMAC Mortgage Corporation
Bk. No.1 02-06485 JJT & ~
Chapter No. 13 (J1) c; 7 b J. 6 { q
i'F0 Jv'\~ *
Jacqueline A. Best-Mnroski
a/k/a Jacqueline A. Best-McKee
Debtor
Movant
11 U.S.c. ~362
v.
Jacqueline A. Best-Muroski
a!k/a Jacqueline A. Best-McKee
Respondent
ORDER MODIFYING ~362 AUTOMATIC STAY
/ nJ
AND NOW, this ~ day of ~(;i2/J ~003, upon Motion of GMAC Mortgage
Corporation, (Movant), it is:
ORDERED that the Automatic Stay of all proceedings, as provided under 9362 of the
Bankruptcy Code II U.S.c. 9362 is modified with respect to premises 509 Ellen Road, Camp Hill, PA
17011, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to
foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee)
to take any legal action for enforcement of its right to possession of said premises and
ORDERED that Rule 4001(a)(3) is not applicable and GMAC Mortgage Corporation
may immediately enforce and implement this Order granting relief from the automatic stay.
; Is! John J. Thomas
U.S. Bankruptcy Judge
cc: Judith T. Romano, Esquire
One Penn Center at Suburban Station, Suite 1400
Philadelphia, PA 19103-1814
Matthew J. Eshelman, Esquire
2108 Market Street
Camp Hill, PA 17011
FILED HARRISBURG
PA
MAR 6 2003
Sf-'
Clerk Us
, '. BankrUPtcy Court
Charles J. DeHart, III, Esquire (Trustee)
P.O. Box 410
Hummelstown, P A 17036
Jacqueline A. Best-Muroski
509 Ellen Road
Camp Hill, PA 17011
"
"+ ""...,~"...,.J.....__Jc.,"_, ,
"H" "
='"
"""
rb.....oA.M-""'~'"'~",<.."-.."h<y,
FEDE~ANandPHELAN,LLP
By: FRANK FEDERMAN
Identification No. 12248
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHNF.KENNEDYBLVD., SUITE 1400
PHILADELPHIA,PA 19103-1814
(215) 563-7000
ATTORNEY FOR PLAINTIFF
GMAC MORTGAGE CORPORATION
Plaintiff,
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
v.
CIVIL DIVISION
JACQUELINE A. BEST-MUROSKI AlK/A
JACQUELINE A. BEST-MCKEE
NO. 01-ISS2-CV
Defendant( s).
CERTIFICATION
FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that the premises are not subject to the provisions of Act 91
because it is:
() an FHA mortgage
() non-owner occupied
() vacant
(X) Act 91 procedures have been fulfilled
This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
-:r~~
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
~.~~~_~&l~~~~~fu~'i!\."'_\:\-<Zi'i'::"!;"~' '.
e
~"~,,,'~~ ~- "..
"1-"""
'~., 'i.",".::1."#~'f;,l!it~J!!inii.(r
~ ~'. . .irilIitiil ~- j '!lI!IliiUim:' r
'~;fmu.l"'~, "
()
C
K
UCZi
n'lr"",
Z~n
L_i.
co 3:
-<>
r;;::c
p-
--I.. ~
~C
)>c
Z
=2
lIil
C:J
{.,,)
:g:
:;~;l'"
,-<
,
CO
'"
~I'l
f',,)
-"
,~
".,
c>
--n
,
~
-<
l!<
;,;,~-~...,~
~~
~-" .~
. "lJ j',
'-''''iii;!lilWh!i.c'll.
~.. <:>.
GMAC MORTGAGE CORPORATION
CUMBERLAND COUNTY
Plaintiff,
v.
COURT OF COMMON PLEAS
JACQUELINE A. BEST-MUROSKI A/KJA
JACQUELINE A. BEST-MCKEE
CIVIL DIVISION
NO.01-1552-CV
Defendant(s).
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No.1)
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 .509 ELLEN ROAD. CAMP HILL. P A
17011 .
1. Name and address of Owner(s) orreputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
JACQUELINE A. BEST-MUROSKI AlKlA 509 ELLEN ROAD
JACQUELINE A. BEST -MCKEE CAMP HILL, P A 17011
2. Name and address ofDefendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
ii'
",.' "~"N~
~ "
, .
. ' ~:."";'.~..=.""
1Ilt~~j
..
4. Name and address of last recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
AMERICAN GENERAL FINANCE, INC.
125 GATEWAY DRIVE, SUITE 109
MECHANICSBURG, PA 17055
PENNSYL VANIA HOUSING
FINANCE AGENCY
2101 NORTH FRONT STREET
HARRISBURG, PA 17105
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)
TOWNSHIP OF HAMPDEN
2305 SPORTING HILL ROAD
HAMPDEN, PA 17055
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/Occnpant
509 ELLEN ROAD
CAMP HILL, PA 17011
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 of18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
Mav 6. 2003
DATE
4Mnk~
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
"
~~~i,ll.~~Mr'iirg>d"""'::!il;i:ji;Fk"'r',L;~;,,,..
~
~ -
,.=~
;,~,;i
_"'",,,~i..&HW.i.1
~~ -........ '.-.r j -
11
~,~~.~. Co,' -.'--'-^:IiIldliL~!GI
r
(")
C
?
-ot1:;
CPfT~
~7;:!"
0-;;>,-
f~t~.
~E2
L
=<
"
"'0
l,C;
..
f..:::':
CJ
'"T1
c..-;
--
J:;;Il
-.<
"._.f~
I
C)
~J
'Jl
fv
C)
~:2~S
;:c:;:m
,---;
".
:0
-<
.
~~~""'=-'1""~~W'
- ....~
_~I~"~' -~
. -.", . ~
~
~~#"".!;k'
f
GMAC MORTGAGE CORPORATION
Plaintiff,
CUMBERLAND COUNTY
v.
No.01-1552-CV
JACQUELINE A. BEST-MUROSKI A/KJA
JACQUELINE A. BEST-MCKEE
Defendant(s).
May 6, 2003
TO: JACQUELINE A. BEST-MUROSKI A!KIA
JACQUELINE A. BEST-MCKEE
509 ELLEN ROAD
CAMP HILL, P A 17011
**THIS FIRM IS A DEBT COLLECTOR ATTEMPT1NG 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 PROPER1Y. **
Your house (real estate) at. 509 ELLEN ROAD. CAMP HILL. PA 17011. is scheduled to be
sold at the Sheriffs Sale on 9/3/03 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover
Street, Carlisle, P A 17013, to enforce the court judgment of $115.584.06 obtained by GMAC
MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an
announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
-~I.~;,WI~_"","'icJ'iil.I ~,
,.' ~
'1 ~ ~k'~ '_"'lOf_''''''''','.......,;~"''',''
,
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your properly.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in 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 LmERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, P A 17013
(717) 249-3166
(800) 990-9108
!'olII~,.,.;;;:,..c..i!"'f'-
L ~ ~~ "
" ""
: 1-
~ h
-~"'""~,,,,,),,,,_~t"l~~,;i
I
ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the
Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more
particularly described as follows:
BEGINNING at a point on the eastern line of Ellen Road which point is at the dividing line between
Lots Nos. 144 and 145 on Plan of Lots hereinafter mentioned; thence South eighty-six degrees four
minutes East (5 86Q 04" E) and along the dividing line between Lots Nos. 144 and 145 on Plan of
Lots hereinafter mentioned, a distance of one hundred five (1 OS) feet to a point on the rear lot line
of Lot No. 135 on Plan of Lots hereinafter mentioned; thence North three degrees fifty-six minutes
East (N 030 56' E) and along part of the rear lot lines of Lots Nos. 135 and 134 on Plan of Lots
hereinafter mentioned, a distance of ninety (90) feet to a point at the dividing line between Lots
Nos. 145 and 146 on Plan of Lots hereinafter mentioned; thence North eighty-six degrees four
minutes West (N 860 04' W) and along the dividing line between Lors Nos. 145 and 146 on Plan of
Lots hereinafter mentioned, a distance of one hundred five (105) feet to a point on the eastern line
of Ellen Road; thence South three degrees fifty-six minutes West (S 030 56' W) and along the
eastern line of Ellen Road a distance of ninety (90) feet to a point, the point and place of
BEGINNING.
BEING Lot No. 145 on Plan of Lots known as Part of Country Club Park which Plan is recorded in
the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 21, Page 42.
HA VlNG THEREON erected a two story brick and frame dwelling known as and numbered
509 Ellen Road, Camp Hill, Pennsylvania.
BEING COUNTY TAX PARCEL NUMBER: 10-20-1848-306
TITLE TO SAID PREMISES IS VESTED IN Jacqueline Best-McKee by Deed from Edward J.
Vanblargan and Nancy A. Vanblargan, his wife, dated 10/22/93, recorded 10/29/93 in Record Book
P-36, page 772.
~:m~!lR~~;;4:1~~Ii/i;!ili~"'A"-O'.t5'!'\d"''''''''.Lr.F,"':{'''-'''1.,",,'"!!!lml~,,,-~1\M!iI.:..:.J"
~''''~''~"
_ _ ~"'"" "",,_,""_'. .~~" ",. '0," ". ,_ ~~,,"~, ."~,, C. ."~'.",'_, "~'.
"
lml~Iitfi1'Ui~'ji;riiif1w,,"'"'""'"-->~"~ ~'" ~. ll1i1
-'.~
~ ~ . -''11 '--
"T!!;;.~I
\
(") (:::J 0
c- w
;:g~ .,
-,.
i~;;;
2-1"i _4'';:- -r;
;;.?'F j~"-'
en'.': I ,,;
-<:;~ OJ '.--)
~:::; ;
C' ~~
Zc'" --,,,,- )
5> ,- "':;' C)
c::: ~ 6 m
z ~
-j :J1 ;:--;;0:
-" fv :n
-<
~
&,-~~~~',>,'~ "" ~ =._~
.'.~~~
~. 0'
~I! ~ ~~":&L,"--_d"'.'
FEDERMAN AND PHELAN
By: FRANK FEDERMAN
Identification No. 12248
One Penn Center at Snbnrban Station
1617 Jobn F. Kennedy Bonlevard
Snite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
GMAC MORTGAGE CORPORATION
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff
vs.
CIVIL DIVISION
JACQUELINE A.BEST-MCKEE
NO. Ol-1552-CV
Defendant(s)
SUGGESTION OF RECORD CHANGE
RE: DEFENDANT'S NAME
FRANK FEDERMAN, ESQUIRE, attorney for the Plaintiff, hereby certifies that,
to the best of his knowledge, information and belief the Defendant's name was
erroneously listed in the Complaint as JACOUELINE A.BEST -MCKEE. The correct
name of the Defendant is JACOUELINE A. BEST-MUROSKI AlK/A JACOUELINE
A. BEST-MCKEE. Please change the docket to read accordingly.
:f~~
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
DATE: MAY 6, 2003
IJ.:;JJdii_~~i!i~Ji,!~~iOk,Ni%'ik., ".:~,,,,~~; 'oL",'.-fl,,,' ";("'lW.!~'1T"~,\Mi!lfjjji;ii iJial_.ldilililllikttJl'^""" ,,,-~ ~.ilL
"~~
,~~~..
~
rMillu~
,~~
..
(") c:' ~
c c..~.) ,~,
--r;
"'" -
-eei: .,-,,,,,
:::'","
q:![;; ~<
-~."
Z r i ,
en;;:'. C) , ....r'
-</ C1
r~<"
<, :.~? -- --Ti
:;.<"> !~'. ~~C)
21..'"'
~C f'o..,) ~5i"Tl
-~ _u\
:3 ,::- J>
C,) Xl
~ -<
.
j'li~_" - ,~ ,j~
I~~
~,
.
-, ~ Co ~,.:ill&l..."k!,IJ1;'"
f
.
AFFIDAVIT OF SERVICE
PJ..AINTIFF
GMAC MORTGAGE CORPORATION
CUMBERLAND COUNTY
KMD
No.01-1552-CV
DEFENDANT(S) JACQUELINE A. BEST-MUROSKI
A/KJA JACQUELINE A. BEST-MCKEE
ACCT. #008762619
SERVE JACQUELINE A. BEST-MUROSKI AIKIA
JACQUELINE A. BEST-MCKEE AT
509 ELLEN ROAD
CAMP HILL, PA 17011
Type of Action
- Notice of Sheriff's Sale
Sale Date: 9/3/03
SERVED
Served and made knownto~~ceL/Ne.. A ~
at r~; s1. o'clockE.m, at . <,"oJ r'./ k-..d ?cI
-rf"
, Defendant, on the / '} day of
CI9r1(J:J.J;Y; /'& /JcJ//
.NJ IN . 2003,
, ,
, Commonwealth
of Pennsylvania, in the manner described below:
~DefendantPersonalIY served.
Adult family member with whom Defendant(s) reside(s). Relationship is
Adult in charge ofDefendant(s)'s residence who refused to give name or relationship.
Manager/Clerk of place oflodging in which Defendant( s) reside( s).
Agent or person in charge ofDefendanl(s)'s office or usual place of business.
an officer of said Defendant( s)'s company.
Other:
Description: Age-5.i- Heigh~.J Weight ~ Race.L...L Sex:5i::- Other
r?') i!/fA-/) J4. NierJes--::JX'" , a competent adult, being duly sworn according to law, depose and state that I personally handed
a true and correct copy of the' .. s set forth herein, issued in the captioned case on the date and at
the address indicated above. NoIariill Seal
LiMdaJ. Jt.II1lp9r, Notaiy PublIc
. CaIlIsIeBoro, CumlJedand'County
Sworn to and, subs'2i'ed MyCCl!tmlsslonElQlinlSJul'il!3. 2006 t:
beforemethis,LEday ~..:..-..........I\ssociaiitin ~
of rJJ~03 ,~.'"1'''''- \
Notary: }~y: ~ fr ~ ,
PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED.
NOT SERVED
On the , day of
.200_, at
o'clock_.nL, Defendant NOT FOUND because:
Moved Unknown
No Answer
Vacant
1 sl Attempt:__ I
/
Time:
2nd Attempt:
/
I
Time:
3rd Attempt:
/
/
Time:
Sworn to and subscribed
before me this _ day
of , 200 _'
Notary:
By:
Attornev for Plaintiff
Frank Federman, Esquire - I.D. No. 12248
~d~~1!'i}f.:i;jilllti__~~t;';'a~'''"'''''\i.;;o''- <',''''':c,~""",,,",~,;';),~~!ilf''qJl~" ~1' .'iJliitiifi~flli~tl~~h~!fr,",,1i'-!Iili~~~{m 0 ~ Ii
o
c:
$::
-otJ]
DJq~\
~~,
2?; ("~,
""- -
~C;
?C
Z
.~
,
-~
'-.1;-.
- ,,', ~
... .n~~
o
w
S-:
:=;;:
-
!illi!l"
g,,!
"
('",
.-;,
~
..-4
~~~
-nn1
:)0
:JO
j...
;-'r
)-
::7(')
',~rn
;.....1
_l
J>'
3':
~,
~
'2
<:"
['0
.
_"'~"~~':o:i. ,<'~~, ~i,"~;~
,~ ~
~' ,~
>" '" ~.
, ;
;.
~. .
~"
t',.',""..",
;<-
~:!' "C';
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
GMAC MORTGAGE CORPORATION
) CNIL ACTION
)
vs.
JACQUELINE A. BEST-MCKEE
) CNIL DNISION
) NO. 01-1552 CNIL
AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
)
)
ss:
I, FRANK FEDERMAN, ESQUIRE attorney for GMAC MORTGAGE
CORPORATION hereby verify that on Mav 8, 2003 true and correct copies ofthe
Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders,
and any known interested party see Exhibit "A" attached hereto.
DATE: August 1. 2003
(;iJ!tJilJiL 1-0 WZiYljfl1f)
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
. ~il~- ~
I
)
?g~;gS->-J
00 tT'o."
oO-'~
oo:.-dlg e:
~ltS1;!;;:
wI'';'
a ,[g,~
~ ~ g g,
N -.oc:s
...._.~....o
g'g.gS;'
"'3 .oil-
a,c!. 808 ij
~~"'d.... fji'
g."'d ~ ~a
!il~ g 0'.0
g,g:o 8~'
o ~ ~ " .,.
~~55g
~~~!~
~g~eg.
o .,."
0' l:I 0 <'II
... IS ... '"
a ~. ~ ~s-
~.~] 8-
~ S' ~ s'
Oo.,.a:!
~.~ ~~,
-:-~'g 0
g"'dEl~
...~ iil a
:i,tT'::!.I:[:!.
So<ras-
.g g 8 a
g.~!il i
..] g '"
~'l:l g' ~
~ a: 5"
g ~~ a
. 11 . ~
gg.gE
t:l ~ ;;;.:3
~ f~~
~.;:;.g ~
<:> tii 0-'
d8~
~5"'d ~
,<"o~1>'
;,,;;;'"'d g:
~ ~r S.
- "
~........
if.(i
gg
;:.~z
.'
"
"'q
"'0
'<~
I
"'.., '-<
~ ~ :>
!f 2
g" lii
...s, J:""I
n ~
;>
o:l
tI1
<Il
i
i@ rn
oa ""
'<. r-<
!.!l ~
::' ~
i
ii >
~ ,8
j I
;>
t:ll
tI1
<Il
';'l
S
tI1
-
V>
-
-I>.
-
w
-
N
-
-
-
o
'"
00
" .
._..~
"'- ~ illlllilrilii
-
~' I
'&:Ii"-'
~
~
<Il
...,
'"
V>
....
w
'"
r<
S'
"
0>'"
~~~
rJ)~a
~ t: ('I)
~.,'"
.. ., =
... ~
i~~~I~ I
!~~~~oI
~~~~~~~!
::: :Ii o~ ~ ll.
tlg@~F~ i
~v>z:;~v. ~
. 0 oZ ~
~ ~~~ ~ ~
~ ~ ~ ~ i
9 n z?d
~ ~ p ~
~ 0 N'
~. ~ v. n
~ ~ ~ ~
~ ~ ~ ~
.E; ~ ~~
~ ~.tI1 ~
.~ ~ ~
." ~ tI1
::: [j
Cl t;;
~ ~
-
o
'"
)>
;:l.
ci"
co
z
c
3
c-
eo
...
"'-o~
g:0'\:3"tr:!
iii"::jCllt::l
:~i~
g.~n~
..,,~~
>""l~
::o~~t3
O~CZl"'d
'ftxl&::r::
-oEitIl
oog.&l""
~:!~iz
:>::!:l en'
::I. 0.. a l""
~.. ......~
=' rJ) g ."
s: S.
. ft
~-
s:!;
= 0
..
o
,
'9'~POst.
c,' -'Q /
Ii1 _'0' 11 ,."
~ (t.r, ~_ -.",/,
? ~~Pl.TNEV6O'J\TES >:.7" 4':~...
021A $ 01.20~!""'"
00043003 71 MAY 08 20
MAilED FROM ZIP CODE 191Y~
~iIllMi_~f!@l@Il!t~~lWNJ*,llifJ~>1l,,,',"-",!!jt,,t;".i,,,,,rt,,~,, ",{-~,,~"ft,.,i>t,;Iiijj~iMli.~lUlliiirnlljj!ttll.llj,..rw'" 'W:iliHllll"r'ail~"'-"''';''~~~'''''' ~ ~ _".-i.iill:!i
t5~
~o "~_
-. .,~ ~,' .~,~
o.
~
-
"'~
(
1
(') a (')
c <"'J -n
<: :>>-
-0 Ci~ ~ .-~
Ill..-" ~ i'll::!J
zy,; G")
the I ,-
,r'"11TI
.t;- __,,'::-J
-<: (),~
~1,~'.- -cJ ~-!.\..
'-'-'<1
:>c ~J~
z. --
-c
)><;;~. w :~)m
-'
/' ::::> !,,"';
-<~ 5:J
0) -<
!t<
~W"':W
.
~
.~-~_.~~ "-~
..
"
GMAC Mortgage Corporation
VS
Jacqueline A. Best-Muroski a/kIa
Jacqueline A. Best-McKee
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2001-1552 Civil Term
~~,~ -,............._"""'-\hO,;<O$,'"
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
Poundage
Posting Handbills
Advertising
Mileage
Levy
Surcharge
Law Library
Postpone Sale
Prothonotary
Law Journal
Patriot News
Share of Bills
30.00
16.03
15.00
15.00
20.70
15.00
20.00
20.00
1.00
335.15
300.55
28.90
$ 817.33 paid by attorney
10/13/03
Sworn and subscribed to before me So Answers:
This /7'~dayof ()~ r~ 1~t:./~~
Q . R. Thomas Kline, Jhe~
2003, A.D. _ I"'''' {d ~. 0/4, J
BY C
Prothonotary Real Es
\,0"
- \"1
e-k 'I;l.~
~ /'/3?J{,"
t__
,~ " ''iII
~, ~ ~ fi I
b.~
~"""",,b,,o--~'o ~
-
",;;j' ~~"~'..-
-~" =
~o.: <r'"'_uOJ..,U"v.l\,--"'d",,<_,
i
GMAC MORTGAGE CORPORATION
CUMBERLAND COUNTY
Plaintiff,
v.
COURT OF COMMON PLEAS
JACQUELINE A. BEST-MUROSKI A/KJA
JACQUELINE A. BEST-MCKEE
CIVIL DMSION
NO.Ol-1552-CV
Defendant(s}.
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. I)
GMAC MORTGAGE CORPORATION. Plaintiff in the above action, by its attorney, FRANK
FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the
following information concerning the real property located at .509 ELLEN ROAD. CAMP HILL. P A
17011 .
1. Name and address ofOwner(s) or reputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
JACQUELINE A. BEST-MUROSKI AlK/A 509 ELLEN ROAD
JACQUELINE A. BEST-MCKEE CAMP HILL, PA 17011
2. Name and address ofDefendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
':;;' "-
,~~
-
~,'~
~"
~~ '->MO ~~ ~ '''''''''"'''''''''_'''"",''
. >
4. Name and address of last recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
AMERICAN GENERAL FINANCE, INC.
125 GATEWAY DRIVE, SUITE 109
MECHANICSBURG, PA 17055
PENNSYLVANIA HOUSING
FINANCE AGENCY
2101 NORTH FRONT STREET
HARRISBURG, PA 17105
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)
TOWNsmp OF HAMPDEN
2305 SPORTING HILL ROAD
HAMPDEN, PA 17055
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
509 ELLEN ROAD
CAMP mLL, PA 17011
Domestic Relations of Cumberland County
13 North Hanover Street
Carlisle, P A 17013
Commonwealth of Pennsylvania
Department of WeIfare
PO Box 2675
Harrisburg, PA 17105
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties of18 Pa. e.s. Sec. 4904 relating to unsworn falsification to authorities.
Mav 6. 2003
DATE
q&nk~
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
~h-~ "',..,~~,
c__
.~
, ,
~ ......,~
<"h ~"-'~L;it;;~"",(
GMAC MORTGAGE CORPORATION
Plaintiff, '
CUMBERLAND COUNTY
v.
No.01-1552-CV
JACQUELINE A. BEST-MUROSKI AJKJA
JACQUELINE A. BEST-MCKEE
Defendant(s).
May 6, 2003
TO: JACQUELINE A. BEST-MUROSKI AlKJA
JACQUELINE A. BEST-MCKEE
509 ELLEN ROAD
CAMP HILL, PA 17011
""THIS FIRM IS A DEBT COllECTOR A1TEMPTING 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 A1TEMPT TO COLLECT A DEB!, BUT ONLY ENFORCEMENT OF A UEN AGAINST PROPERTY,""
Your house (real estate) at, 509 ELLEN ROAD, CAMP HILL, PA 17011, is scheduled to be
sold at the Sheriffs Sale on 9/3/03 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover
Street, Carlisle, P A 17013, to enforce the court judgment of $115,584.06 obtained by GMAC
MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an
announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
-'........'~~'" =
.~ ,
-~. ~-
. .-
."~-~~ ,~ "'~ ''''~'''_~!i~,",,'-:
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. 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
andthe 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 wiIl 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 TIDS 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
"~-"Ij'1!lih..'
..
,~
'. '"~
~'
,. '<<'
c ".," _~
~_t;
ALL THAT CERTAIN tract or parcel ofIand and premises, situate, lying and being in the
Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more
particularly described as follows:
BEGINNING at a point on the eastern line of ElIen Road which point is at the dividing line between
Lots Nos. 144 and 145 on Plan of Lots hereinafter mentioned; thence South eighty-six degrees fOUT
minutes East (S 86004" E) and along the dividing line between Lots Nos. 144 and 145 on Plan of
Lots hereinafter mentioned, a distance of one hundred five (1 05) feet to a point on the rear lot line
of Lot No. 135 on Plan of Lots hereinafter mentioned; thence North three degrees fifty-six minutes
East (N 030 56' E) and along pan of the rear lot lines of Lots Nos. 135 and 134 on Plan of Lots
hereinafter mentioned, a distance of ninety (90) feet to a point at the dividing line between Lots
Nos. 145 and 146 on Plan of Lots hereinafter mentioned; thence North eighty-six degrees four
minutes West (N 86004' W) and along the dividing line between Lots Nos. 145 and 146 on Plan of
Lots hereinafter mentioned, a distance of one hundred five (105) feet to a point on the eastern line
of ElIen Road; thence South three degrees fifty-six minutes West (5 03056' W) and along the
eastern line of ElIen Road a distance of ninety (90) feet to a point, the point and place of
BEGINNING.
BEING Lot No. 145 on Plan of Lots known as Part of CoUntry Club Park which Plan is recorded in
the Office of the Recorder of Deeds in and for Cumberland Co~ty in Plan Book 21, Page 42.
HAVING THEREON erected a two story brick and frame dwelIing known as and numbered
509 Ellen Road, Camp Hill, Pennsylvania.
BEING COUNTY TAX PARCEL NUMBER 10-20-1848-306
TITLE TO SAID PREMISES IS VESTED IN Jacqueline Best-McKee by Deed from Edward J.
Vanblargan and Nancy A. Vanblargan, his wife, dated 10/22/93, recorded 10/29/93 in Record Book
P-36. page 772.
"c_",~",-""",~,,,,,"~ ';f'~- ,~
~ ~~ ,~-
.0<..
~" ....
~~
ilIi@:I~!lliJ''''~~it'*..'":"
WRIT OF EXECUTION andlor ATTACHMENT
COMMONWEALTH OF PENNSYL V ANlA)
COUNTY OF CUMBERLAND)
NO 01-1552 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION, Plaintiff (s)
From JACQUELINE A. BEST-MUROSKI A/KJA JACQUELINE A. BEST-MCKEE, 509 ELLEN
ROAD, CAMP IDLL, PA 17011
(I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNlSHEE(~) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify himlher that helshe has been added as a
garnishee and is enjoined as above stated.
Amount Due $115,584.06 L.L.
Interest FROM 5/4/01 TO 9/3/03 (PER DIEM - $19.00) - $16,207.00 AND COSTS
Atty's Comm % Due Prothy $1.00
Atty Paid $1790.22 Other Costs
Plaintiff Paid
Date: MAY 8, 2003
CURTIS R. LONG
(Seal)
Proth~ p ~
,--B~: ~ 11 ~ A.iF~ I
Deputy
REQUESTING PARTY:
Name FRANK FEDERMAN, ESQUIRE
Address: ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD, SIDTE 1400
PIDLADELPIllA, PA 19103-1814
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 12248
:~r,:-;;:';~-:F'--
\~r';h,,"l!!"i1';iJii;j~!iliAA\lJ&i;lill;)j-lID$l~~M!fl;<ii&."-iliiiJ;,;'t~Si1,;j:~#.\l.-4iWi!~j;'i~"" ~, LU.il ~ "..~
".~ "'""'. .
Real Estate Sale # 23
On May 15, 2003 the sherifflevied upon the
defendant's interest in the real property situated in
Hampden Township, Cumberland County, P A
known and numbered as 509 Ellen Road,
Camp Hill, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
~
~
~
Date: May 15, 2003
By:JedM~
Real Est[Je Deputy
-
~'~;w!r"',f4t~~
,
!~
~:q:afap'QJgt_lJn,t@,~teJ:tl.hne of
~l~~r.-mrr~d-~f~ ~:~r~~
! Olitein-rifteUn-eiltioooo; 'thence "South '.ejghty~six
::1~-1~k-fufnY:(CLEa,s~~S,_86~~s Q4
:'IDm,u,res E).and along the_divIding lme ,betvieen
::.Loo--nros.J44an.d 145 onPlan,ofLotsh,e~ina!ter
~ffi, ~p:,"1.:a~ta;nae of one_hundred fiye (105)
~to...a ~nfon'tne re'ar lot line of LQt No. 135
$J,nPlan orlOts hereinafter mentioned; thence
_~ oM three degrees fifty-six minutes East (N 03
~egre.es.j6 minutes E) and along part of the rear
!1OtJi,nes_ofLotsNos, 135 and 134 on PlanofLols
.:_ereiiraffer.nientioned, a distance of ninety (90)
- ftEf:lo a pOlntlif-ilie OfiiiOing line- between Lots
NOS, i45 and 146 on Plan of Lots hereinafter
_ ~JlAA,]benc,e North eighty-six degrees four
mmufet West (N 86. degrees 04 minutes "1 and
, -- .JIhiiUie~dividing Hoes of Lots Nos. 145 Mid 146
_ ,E1arl of Lots hereinafter mentioned, a distance
,_--:onehyn~fjve(1p5)feettoa'pointonthe
:east .11e -of Elren Road; thencc_SQ\lth ,three
" &grees; fifty-six minutes West (3 03 ,d~grees 56
j"minulf'$'W) ,and aloog \he eillAem line of Ellen
TRoad,a atstan-ce of ninety (90) feet to a point, the
J pointM place of BEGINNING, .
t .BEING Lot No. f:.Ci on Plan of Lots known as
~ Part of Country Oub park which Pian is recorded
in-ffif,Offii:eofthe~CO,rderOfDeedSinandfor
: Cumber~d Coun~ty in PJan Book 21, Page 42.
.HAWG TIIEREON erected a two. story brick
d frame dwelling known as and numbered 509
_ ,en,,~,J:;am}l Hill, Pennsylvania. _
_ElNG f9ut-'TY TM pAile@. /iQ., 10-20.
.30,-.. ',.,.
_ -_ .IO SAID .premises is ve_sted in
Jacqueline Best-McKee by Deed from Edward J,
. ~_and Nancy A. Vanbiargan, his wife,
~p;J. 10/22/93, recorded 10129193, in Record
;ooJ,1'.3',pag,772.
^~,'.Q -. 'j&, "
- jfj
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
J ' =~ ~tlll . ' "' ,
"-:'&'0;
Proof of Publication
UnderAct No. 587. Approved May 16. 1929
Commonwealth of Pennsylvania. County of Dauphin} ss
Joseph A. Dennison, being duly sworn according to law. deposes and says:
That he is the 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~
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 22nd and 29th day(s) of July and the 5th
day(s) of August 2003. That neither he nor said Company is interested in the subject matter of said printed notice
or advertising, and that all of the allegations of this statement as to the time, place and character of publication are
true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in
the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M".
Volume 14, Page 317.
PUBLICATION
COpy
SAI.E#23
. Seal
Teny L. Russell, Notary PubliC
City Of HarriSburg, Dauphin County
My CommiSSion ExpIres June 6, 2006
Mamber, Pennsytvanla Assodation 01 NoIafIeS
NOTARY PUBLIC
My commission expires June 6. 2006
CUMBERlAND COUN1Y SHERIFFS OFFICE
CUMBERlAND COUN1Y 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 $
29B.BO
1.75
300.55
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....................................................................
"
RB4L ESTA1'E SAlLE N0. 23
Writ No. 2001-1552 Ctvil
GMAC Mortgage Corporation
vs.
Jacqueline A Best-Muraski.
a/k/a Jacqueline A Best-McKee
Atty.; Frank Federman
ALL THAT CERTAIN tract or par-
cel of land and premises, situate,
lying and being in the Township of
Hampden in the County of
Cumberland and Commonwealth of
Pennsylvania. more particularly de-
scribed as follows:
BEGINNING at a point on the
eastern line of Ellen Road which
point is at the dividing line between
Lots Nos,. 144 and 145 on Plan of
Lots hereinafter mentioned; thence
South eighty-six degrees four min-
utes East (S 86' 04" E) and along
the dividing line between Lots Nos.
144 and 145 on Plan of Lots here-
inafter mentioned, a distance of one
hundred five (105) feet to a point
on the rear lot line of Lot No. 135
on Plan of Lots hereinafter men-
lioned; thence North three degrees
fifty-six minutes East IN 03' 56' E)
and along part of the rear lot lines
of Lots Nos. 135 and 134 on Plan
of Lots hereinafter mentioned. a dis-
tance of ninety (90) feet to a point
at the dividing line between Lots Nos,
145 and 146 on Plan of Lots herein-
after mentioned; thence North
eigh1y-six degrees four minutes West
IN 86' 04' W) and along the dlviding
line between Lots Nos. 145 and 146
on Plan of Lots hereinafter mentioned,
a distance of one hundred five (105)
feet to a point, on the eastern line of
Ellen Road; thence South three de-
grees fifty-six minutes West {S 030
56' W) and along the eastern line of
Ellen Road a distance of ninety (90)
feet to a point, the point and place
of BEGlNNING.
BEING Lot No. 145 on Plan of
Lots known as Part of Country Club
Park which Plan is recorded in the
Office of the Recorder of Deeds in
and for Cumberland County in Plan
Book 21. Page 42.
HAVING THEREON ~rected a
fwo stol}' brick and frame dwelling
known as and numbered 509 Ellen
Road. Camp Hill. Pennsylvania.
BEING COUN1Y TAX PARCEL
NUMBER: 10-20-1848-306.
TlTLE TO SAID PREMISES IS
VESTED IN Jacqueline Best-McKee
by Deed from Edward J. Vanblar-
gan and Nancy A Vanblargan. his
wtfe, dated 10/22/93, recorded
10/29/93 in Record Book P-36.
page 772.
.
:" ~
liJ,~ _
~~ .
" - ~,.~
~~~
"
.
cr.,", , _',",=""" "'"
~- .,@;":
,
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. 1.1784
STATE OF PENNSYLVANIA :
ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
VlZ:
JULY 18, 25, 2003 AUGUST 1,2003
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
SWORN TO AND SUBSCRIBE before me this
1 day of AUGUST. 2003
SEAl.
LOIS E. SNYDER, NolaIy PubIlc
CertlsIe Bom, Cumberland County
My Commisslon ExpiIes Maroh 5, 2005
5~,
FEDERMAN AND PHELAN
By: DANIEL SCHMIEG
IDENTIFICATION NO. 12248
ONE PENN CENTER PLAZA, SUITE 1400
PHilADELPHIA, PA 19103
(215) 563-7000 ATTORNEY FOR PLAINTIFF
GMAC MORTGAGE
: County
Plaintiff
: Court of Common Pleas
vs.
: CIVil DIVISION
JACQUELINE A. BEST -MCKEE
: NO. 01-1552-CIVll
Defendant(s)
PRAECIPF TO SATISFY .IIIflGMFNT
WITHOIIT PREJUDICE
TO THE PROTHONOTARY:
Kindly satisfy the Judgment which was entered on 5/4/01 against
JACQUELINE A. BEST-MCKEE, Defendant(s), in the amount of $ 115,584.06 relative
to the instant matter and mark this case satisfied, without prejudice, upon payment of
your costs only.
,
Dated: July 29, 2004
,~I!iJ~~~~;J".&i;I>w,~gij~~.M;ti,j&.'~1-o.t1'il@.i'''j''''J,,';;'<.,''''~jd'<.k;'';~~~' ~'
IIUWJt!i!Illll!
!!!I~ ~J~,~,;^~""",", ,~...,- ,''''",~'''.. "'-'." ~"",,"",,"""'A~_
~~
, ~ '
~
.;,'..-
""~,
.
(') ........ ~
c:, E'l
'C.'- ..r-
~, c._ -\
~~n"',' :J::;:o
1"11ti c:
~~: ," mr-
-orn
C.) 66
0
e.C' -i',__
?C~ :D> :t:.,-l
0-
:x -"'C')
"i~C) ~"-m
).."c: S' ~
z :;J>
~ en :n
co -<
~